[Added 12-9-1987, approved 12-10-87[1]]
[1]
Editor's Note: This ordinance repealed former Art. XIV, Motor Fuel Storage Tanks and Pumps, as amended.
This article shall apply to the installation and use of oil-burning equipment for domestic and commercial purposes and to the storage of fuel oil used in connection with oil-burning equipment.
As used in this article, the following terms shall have the following meanings:
FUEL OIL
Any liquid used as fuel having a flash point of not less than 100° F. as specified by the American Society for Testing Materials or other standard recognized by the State of New York.
OIL BURNERS
Any device designed and arranged for the purpose of burning or preparing to burn fuel oil as a part of a fixed heating system as specified in the definition of "fuel oil" and having a tank or container for storage of fuel oil connected therewith. No such tank or container shall be of less than 275 gallons' capacity.
OIL-BURNING EQUIPMENT
An oil burner of any type, together with any equipment connected thereto, including piping, wiring, control, related devices and tank for storage of fuel oil, whether located within or outside the building, and provisions for filling and venting same.
A. 
No person unless duly licensed by the Commissioner, as hereinafter provided, may install oil-burning equipment. Every mechanic employed under the supervision of the licensee must be experienced and qualified in the particular branch of work he is to perform.
B. 
Each installer of oil-burning equipment shall have at least one member of its organization licensed and registered by the City for the supervision of the installation of oil burners, as hereinafter provided.
C. 
Each person applying for a license pursuant to the provisions of this section shall file with the Commissioner a statement containing his name, address, age, experience and qualifications. The applicant 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 Chief the Fire Department and one other person to be appointed by the Commissioner of the Fire Department who shall be a duly licensed installer of oil-burning equipment with not less than five years' active experience and who shall serve without compensation.
[Amended 12-13-1989, approved 12-14-1989]
(1) 
The Commissioner shall cause the separation of licenses into two categories, Class A and Class B. Class A licenses shall be required for the installation of equipment with a rated capacity of over 1,000,000 Btu's. Class B licenses shall be required for the installation of equipment up to and including units with a rated capacity of 1,000,000 Btu's.
(2) 
Holders of present licenses shall be deemed to be holders of Class A licenses.
D. 
Each person shall maintain in a conspicuous place, neatly framed, his license of approval by the Commissioner.
E. 
Each manufacturer, firm, corporation or agent wishing to secure a license for the installation of all oil-burning equipment shall make such application in writing to the Commissioner, stating:
(1) 
The name, address and telephone number of the firm, corporation or agent.
(2) 
The name of individual to whom license is to be issued.
(3) 
An affidavit showing the experience of the applicant in the installation of oil-burning equipment. If the applicant is a corporation, then the experience of one of its officers shall be stated.
F. 
There shall be a fee of $100 for each Class A license issued by the Commissioner and a fee of $70 for each Class B license issued by the Commissioner, payable at the time application is filed, said license to expire on December 31 of each year.
[Amended 6-26-1991, approved 6-27-1991; 2-27-2008, approved 2-28-2008]
G. 
The Commissioner shall notify each applicant for a license, in writing, of its decision of approval or disapproval. If approved, the applicant shall receive a certificate of the license; if disapproved, he shall receive a statement giving the reasons for disapproval.
H. 
The license shall not be transferable and may be revoked by the Commissioner if the holder thereof shall violate any of the provisions of this article.
A. 
No installation, replacement or relocation of any oil-burning equipment 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 $60 per oil burner and oil-burning equipment accessory thereto shall accompany each application.
[Amended 6-26-1991, approved 6-27-1991; 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 type of oil-burning equipment is to be installed.
(3) 
The location where oil-burning equipment is to be installed.
(4) 
Where an oil burner is to be installed:
(a) 
The name, model and type of oil burner.
(b) 
The name and address of the manufacturer.
(c) 
The kind of fuel recommended.
(d) 
Btu rating.
(e) 
A list of nationally recognized inspection board or laboratories approving the same.
(5) 
Where a fuel storage tank is to be installed:
(a) 
The maximum quantity of fuel to be stored.
(b) 
The dimensions of storage tank.
(c) 
The gauge of metal in tank.
(6) 
The name, address and telephone number of concern making installation.
(7) 
The number of the installer's license.
(8) 
A sketch of plans showing clearly thereon the following:
(a) 
The location of the building or buildings where oil-burning equipment is to be installed and the location of any existing oil-burning equipment.
(b) 
The nature of construction, dimensions of buildings and purposes for which used.
(c) 
The size of fill and vent and fill pipes.
Any installation, replacement or relocation and use of oil-burning equipment shall be in compliance with the New York State Uniform Fire Prevention and Building Code and the National Fire Prevention Association Standard for the Installation of Oil Burning Equipment, 31-87. In addition, the following shall be required:
A. 
Each oil burner installation using a No. 3 or lighter oil shall be equipped with a fusible valve, to be installed in the suction line of the burner and not more than six inches above the level of the floor. A second gate-valve type is to be installed in the oil suction line between the fusible valve and the strainer for use when servicing the burner.
B. 
Except where National Fire Prevention Association 31-87 is more restrictive, the ceiling over the boiler and flue shall be fire-retardant, with materials having a fire resistance of one hour's duration and extending two feet in each direction over the boiler and flue. Five-eighths-inch "Fire Code" or equal will be accepted.
C. 
Only oil burners that have been tested and approved by Underwriters' Laboratories, Inc., or other nationally recognition inspection board or laboratory may be installed.
D. 
Tanks shall not be located over any sewer, soil or drain lines, and, if vaulted, vaults shall not enclose any house service lines. Tanks shall not be located under stairs or gas meters.
E. 
Application for an inspection shall be made in writing on a form furnished by the Commissioner, and a fee of $60 per oil burner and oil-burning equipment accessory thereto shall accompany each application.
[Added 2-27-2008, approved 2-28-2008]
No oil-burning equipment that has been installed, replaced or relocated may be used until it has been inspected and approved by the Commissioner.
A. 
A notification, in writing, shall be given to the Commissioner, who shall, within 48 hours after receipt of such notification, inspect the installation and give written approval or disapproval.
B. 
Inspection shall include testing of all safety controls, remote control switches, service switches and any other specialties necessary for the safe operation of the burner.
C. 
Any written disapproval shall contain the reasons therefor and the modifications or corrections that must be made to secure the approval required by this section.
D. 
If any installation of oil burner, tank piping or controls is found to be defective, the Fire Department shall be required to shut down the burner until all repairs are made and the burner is inspected and approved by the Fire Department.
E. 
Application for an inspection shall be made in writing on a form furnished by the Commissioner, and a fee of $60 per oil burner and oil-burning equipment accessory thereto shall accompany each application.
[Added 2-27-2008, approved 2-28-2008]
Oil burners which are not equipment with automatic means for preventing abnormal discharge of oil at the burner shall not be installed or operated in any location unless a competent attendant will be constantly on duty in the room where the burner is located while the burner is in operation.
A. 
A permit issued pursuant to this section shall at all times be subject to inspection by the Commissioner.
B. 
The permit shall state the applicant's name, the quantity of fuel oil to be stored and the premises where it is to be stored.
C. 
No person shall store or use fuel oil for oil-heating equipment unless a permit has first been obtained for the storage and use of fuel oil from the Commissioner. This permit is to be exhibited on the premises in the vicinity of the oil burner, at all times.
D. 
The permit for the storage and use of fuel oil shall be issued by the Commissioner who may at any time modify, suspend or revoke any such permit upon any violation of this article.
E. 
No fuel oil may be discharged into any fuel oil tank or container other than the grade recommended and specified by the manufacturer for the use in the specific burner installed. Under no circumstances shall refuse oil or oil commonly known as "crankcase oil" be used in a burner used for domestic heating or commercial purposes.
F. 
The manufacturer or dealer of the burner shall furnish and install, properly secured to the underside of the cover of the filling box, a brass tag having stamped thereon the grade of oil to be used with burner installed. The stamping of the tag shall be: "This burner for Grade No. _____" A similar tag shall be placed on the heating equipment.
G. 
Upon completion of the installation of the fuel oil tank and after it has been inspected and approved by the Commissioner, permission must be obtained from the Commissioner by the person making the installation for fuel oil to be delivered to the fuel oil tank.
Tanks abandoned by replacement or otherwise shall be disposed of as follows:
A. 
If an inside tank, the tank shall be removed from the building.
B. 
If a buried tank, disposal shall be in compliance with Part 1164.5 of Chapter C of the New York State Uniform Fire Prevention and Building Code.
A. 
No oil-burning installation will be approved until an approved fire extinguisher has been installed on the premises, to be placed as directed by the Bureau of Fire Prevention.
B. 
Premises in which oil-burning equipment has been installed prior to the adoption of this article must nevertheless install a fire extinguisher of approved make.
If any clause, sentence, paragraph, section or part of this article 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.