[Added 12-9-1987, approved 12-1087]
[1]
Editor's Note: Former Art. XIII, Lumberyards and Woodworking
Plants, was repealed 12-9-1987, approved 12-10-1987.
This article shall apply to all new and existing facilities
where gasoline, diesel or other flammable or combustible liquid motor
fuel tanks and pumps are in use or are to be installed, relocated
or replaced.
A.
Each person who wishes to perform the installation of gasoline, diesel
or other flammable or combustible liquid motor fuel tanks and equipment
shall secure a license from the Commissioner.
B.
All applicants for a license pursuant to this section shall make
written application to the Commissioner, setting forth:
(1)
The name of the applicant.
(2)
The age of the applicant.
(3)
The address of the applicant.
(4)
The name, address and telephone number of the employer.
(5)
The experience and qualifications of applicant and employer
for the installation of gasoline, diesel or other flammable or combustible
liquid motor fuel tanks and equipment.
C.
All applicants shall be required to submit to a practical examination
before an Examining Board, constituted as hereinafter provided, as
to his experience and qualifications for such trade, business, calling
or occupation. The Examining Board shall consist of the Commissioner
and two other persons to be appointed by the Mayor, one of whom shall
be an installer of gasoline tanks and equipment for not less than
five years and the other person to be connected with the gasoline
industry for not less than five years, both of whom shall serve without
compensation.
D.
There shall be a fee of $100 for each license issued by the Commissioner,
payable at the time application is filed, said license to expire December
31 of each year.
[Amended 6-26-1991, approved 6-27-1991; 2-27-2008, approved 2-28-2008]
E.
The Commissioner will notify each applicant for a license, in writing,
of his decision of approval or disapproval. If approved, the applicant
will receive a certificate of the license, and, if disapproved, he
will receive a clear and concise statement giving the reasons for
disapproval, without the fee being refunded.
F.
Every licensee shall maintain in a conspicuous place, neatly framed,
his license of approval by the Commissioner.
G.
Such license shall not be transferable and may be revoked by the
Commissioner if the holder thereof shall violate any of the provisions
of these rules and regulations.
A.
No installation, replacement or relocation of tanks for the storage
of gasoline, diesel or other flammable or combustible liquid motor
fuel or auxiliaries thereto, piping and pumps shall be made without
securing a permit from the Commissioner.
B.
Application for an installation permit shall be made in writing on
a form furnished by the Commissioner, and a fee of $100 per tank to
be installed, relocated or replaced shall accompany each application.
The fee for installation, replacement or relocation of other equipment
shall be $100 per application.
[Amended 2-27-2008, approved 2-28-2008]
C.
Applicants for a permit pursuant to this section shall provide the
following information:
(1)
The name, address and telephone number of the applicant.
(2)
The location where tanks are to be installed, relocated or replaced.
(3)
The maximum quantity of fuel to be stored.
(4)
The dimensions of the storage tanks.
(5)
The gauge of metal in the tanks.
(6)
The name of the firm making the installation.
(7)
The address and telephone number of the firm making the installation.
(8)
The number of the installer's license.
(9)
Information as to policies for compensation insurance and public
liability insurance and their expiration dates.
All installations, replacements or relocations of new or substantially
modified gasoline, diesel or other flammable or combustible liquid
motor fuel tanks and equipment shall be in compliance with Part 614
of Title 6 of the Codes, Rules and Regulations of the State of New
York and National Fire Protection Association 30-87, Flammable and
Combustible Liquids Code.
A.
No gasoline, diesel or other flammable or combustible motor fuel
tank or equipment that has been installed, replaced or relocated may
be used until it has been inspected and approved by the Commissioner.
B.
During such inspection, all tanks and piping shall be tested by a
minimum air or hydrostatic pressure of 10 pounds per square inch or
as prescribed by the manufacturer. Such pressure shall be maintained
for a period of at least 30 minutes, during which time, if the test
is by air pressure, the entire exterior surface and all joints shall
be coated with a solution of soap and water or other material suitable
for the purpose which will indicate the presence of leaks. Hydrostatic
pressure, if used, shall be gauged in the top of the tank, and the
tank and piping shall be inspected for the presence of liquid to indicate
leaks. Any leakage detected by any of the methods described shall
be deemed evidence of failure to maintain the requirements of the
specifications. Under no circumstances shall bottled gases under pressure
be used.
A.
Storage of gasoline, diesel and other flammable or combustible liquid motor fuel shall be in compliance with Parts 1164 and 1171 of Chapter C of the New York State Uniform Fire Prevention and Building Code and with National Fire Prevention Association 30A-87, Automotive and Marine Service Station Code.
B.
In addition, all new and existing tanks for the storage of more than
2,000 gallons of gasoline, diesel or other flammable or combustible
motor fuel must be equipped with a constant monitoring electronic
leak-detecting system that gives visual and audible warning signals
and must be of a type approved by the Commissioner.
A.
No person shall own, maintain, use or operate any device to dispense
gasoline, diesel or other flammable or combustible liquid motor fuel
except that for which a permit has been issued by the Commissioner.
B.
All applicants for a permit pursuant to this section shall make written
application to the Commissioner, setting forth:
C.
The application shall be accompanied by an inspection fee of $30
for each dispensing device.
[Amended 6-26-1991, approved 6-27-1991; 2-27-2008, approved 2-28-2008]
E.
No permit issued pursuant to this section shall be transferable,
and each such permit issued shall expire on June 30 of each year.
A.
A "self-service station" shall be defined as that premises or portion
of a premises where gasoline, gasohol or diesel motor fuel are stored
and sold and subsequently dispensed from fixed approved dispensing
equipment as required by this section into the fuel tanks of motor
vehicles or into approved containers by persons other than the service
station attendant. Self-service stations shall be permitted when constructed,
installed, maintained and operated in accordance with this section
and other applicable provisions of the Code of the City of Mount Vernon,
the New York State Uniform Fire Prevention and Building Code and the
National Fire Protection Association 30A-87, Automotive and Marine
Service Station Code. Remote, preset dispensing devices for gasoline,
gasohol or diesel motor fuel shall be permitted at self-service stations
when installed and operated in compliance with all of the provisions
of this section. All electrically activated equipment and controls
shall be Underwriters' Laboratories, Inc., approved and installed
by a licensed electrician.
B.
Attendant duties, responsibilities and qualifications.
(1)
There shall be at least one qualified attendant on duty while
the station is open to the public.
(2)
The attendant's primary duty shall be to supervise, observe
and control the dispensing of such motor fuel.
(3)
The attendant shall be familiar with all of the provisions of
the Fire Prevention Code and shall be responsible for the enforcement
of all applicable provisions of this section.
(4)
The attendant shall be capable of performing the functions and
assuming the responsibilities of the Fire Prevention Code.
(5)
The attendant shall be familiar with the operations of all fire-extinguishing
equipment required under the Fire Prevention Code and shall be familiar
with the emergency procedure and instructions.
(6)
The attendant shall prevent the dispensing of such motor fuels
into portable containers not in compliance with the Fire Prevention
Code.
(7)
The attendant shall be responsible to deactivate all pumps should
it become necessary to leave the central control station unattended.
(8)
The attendant shall be responsible to handle all accidental
spills immediately on occurrence.
(9)
The attendant shall be responsible to operate the fire extinguishers
when needed.
C.
Central control station. All controls related to the dispensing of
gasoline, gasohol or diesel motor fuel at a self-service station shall
be centralized at one central control station. The central control
station shall be so located as to permit the attendant to maintain
visual contact over the entire premises with all operations while
remaining within arms' length of all control systems. Permanent
or portable obstructions to the vision of the attendant are prohibited.
No portion of the dispensing operation shall be greater than 75 feet
from the central control station.
D.
Control systems. The central control stations shall contain all of
the systems and devices cited in this section:
(1)
Emergency controls, including the main power shutoff switch
or switches for all pumps.
(2)
A voice communication system, such as but not limited to an
intercom system, so as to allow direct voice communication at all
times between the person dispensing such motor fuel and the attendant.
(3)
Portable fire extinguishers of a number and type approved by
the Commissioner.
(5)
A list of emergency procedures and instructions, conspicuously
posted and visible to the attendant.
(6)
All control devices numbered to identify the applicable dispenser
or dispensers.
E.
Dispensers. All dispensers shall comply with all of the provisions
of this section.
(1)
All dispensers shall be numbered, and the numbers shall be visible
at the central control station and to the person operating the dispenser.
(2)
All dispensers shall have a fixed extinguishing system, approved
by the Commissioner, located at or in the vicinity of the dispensing
devices. The fixed extinguishing system shall be in compliance with
the National Fire Protection Association Standard 17-85.
(3)
All dispenser islands or individual dispensers shall contain
a voice communication system for direct contact with the attendant
at the central control station.
(4)
All dispenser islands or individual dispensers for self-service
shall be designated "self-serve" or "self-service" by a sign visible
from the street.
F.
General restrictions. The following restrictions shall apply to the
operation of all self-service stations:
(1)
Operation of the dispensing device by other than a duly licensed
motor vehicle operator is prohibited.
(2)
Only gasoline, gasohol or diesel motor fuel shall be dispensed
at a self-service station.
(3)
No smoking is permitted in an area designated by the Commissioner.
(4)
The ignition of the vehicle being fueled must be shut off.
(5)
Latch hold open devices on hose nozzle valves are prohibited.
G.
Self-service-station automatic fire-extinguishing-system requirement.
The Commissioner shall require a dry chemical fire-extinguishing system
which shall operate and perform in compliance with National Fire Protection
Association 17-85.
(1)
Plans for any proposed automatic dry chemical extinguishing
system shall be submitted to the Commissioner for review and approval
prior to installation.
H.
Retrofitted systems. If an existing system is to be expanded or additional
coverage to other islands provided, the existing system shall be modified
and interfaced with any new components so that the requirements of
this article shall be complied with. Plans shall be submitted for
approval by the Commissioner prior to such expansion or additional
coverage and shall conform to manufacturer's specifications.
I.
Testing and inspections.
(1)
All systems, including all subsystems, shall be tested in all
operating modes prior to use and witnessed by the Commissioner. At
least one phase of the test on each system shall employ the use of
a cylinder of compressed nitrogen gas, or manufacturer's approved
equal, to ascertain that all piping and nozzles are free of obstructions.
(2)
All systems (cylinders, release mechanisms, detectors, etc.)
shall be inspected and tagged with the name of the individual conducting
the inspection and the date of the inspection. All inspections and
testing shall be conducted by the system manufacturer's authorized
representative. The inspections shall be conducted every six months.
J.
Manufacturer's requirements. No part of the aforementioned methods
of operation of installation are meant to alter the manufacturer's
requirements. If there is a conflict between the requirements of this
regulation and the manufacturer's requirements, each situation
shall be considered on an individual basis.
When an outside location is impractical, dispensing devices
approved for inside use may be installed inside garages or similar
establishments storing, parking, servicing or repairing automotive
equipment upon the approval of the location and safeguards and issuance
of permit therefor by the Commissioner. Such installation shall be
in compliance with Chapter 5 of the National Fire Prevention Association,
30A-87, Automotive and Marine Service Station Code.
In gasoline stations, first aid fire appliances shall be provided
in such quantities and of such type as shall be directed by the Commissioner.
Cleaning with gasoline or other flammable or combustible liquids
shall not be permitted in or around the station.
All wiring and electrical equipment shall be designed and installed
in accordance with the requirements of the National Electrical Code
or as otherwise provided by law.
Repair of tanks for the storage of gasoline, diesel or other
flammable or combustible motor fuels shall be made only when the tank
is empty, isolated and gas-free and shall be done in compliance with
Parts 613 and 614 of Title 6 of the Codes, Rules and Regulations of
the State of New York and the National Fire Prevention Association
30-87, Flammable and Combustible Liquids Code.
A.
The Commissioner shall be notified immediately upon any change of
ownership of any facility where gasoline, diesel or other flammable
and combustible motor fuel tanks and pumps are in use or when any
such tank is to be abandoned.
If any clause, sentence, paragraph, section or part of this
chapter shall be adjudged by any court of competent jurisdiction to
be invalid, such adjudication shall not affect, impair or invalidate
the remainder thereof but shall be confined in its operation to the
clause, sentence, paragraph, section or part thereof directly involved
in the controversy in which said judgment shall have been rendered.
This article shall take effect immediately. All permits and
licenses presently in effect shall remain so until the expiration
date appearing thereon.
