[HISTORY: Adopted by the Board of Trustees of the Village of Manorhaven
as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Fire prevention — See Ch. 69.
Zoning — See Ch. 155.
[Adopted 7-14-1942 by Ord.
No. XXI-A]
[Amended 4-13-1943; 11-28-1984
by L.L. No. 12-1984]
No tank or other container used or intended to be used for the storage
or holding of gasoline, fuel oil or of any other volatile or flammable liquid,
including tanks or containers of underground and overground construction,
shall be cleaned, purged, repaired, altered, installed, demolished, removed,
raised, moved, constructed, worked upon or changed over from one of such aforesaid
liquids to another such liquid until a written permit therefor authorizing
such cleaning, purging, repairing, altering, installing, demolition, removal,
raising, moving, construction, work or changeover shall have been issued by
the Building Department, as hereinafter provided.
[Amended 4-13-1943]
A.
Such permit shall be issued only after the written application
therefor by the owner, lessee or operator of any such tank or container as
aforesaid. Said application shall be in such form as the Building Department
may prescribe and shall specify the nature and extent of the cleaning, purging,
repairing, alteration, installation, demolition, removal, raising, moving,
construction, work or changeover to be done; the method or process to be employed
in the operation; the person or persons to be employed in the operation, including
but not limited to any firms or corporations so employed; and the period during
which said operation will take place. Said application may, in the sole discretion
of the Building Department, be submitted to the County Fire Marshal, the National
Board of Fire Underwriters or to any tank cleaning, repairing or installing
organization as selected by the Building Department, for his or their approval
as to safety of the operation.
[Amended 11-28-1984 by L.L.
No. 12-1984]
B.
The Building Department shall have the power of supervision
of any of the aforesaid operations and may appoint one or more persons, firms
or corporations as its representative or representatives of the purpose of
such supervision.
[Amended 11-28-1984 by L.L.
No. 12-1984]
C.
The fee for such permit shall be determined by the Board
of Trustees and shall include the cost of such supervision or any safety compliance
certificates.
[Amended 11-28-1984 by L.L.
No. 12-1984]
The Building Department shall have the power to make periodic inspections
and tests of all tanks and containers used or intended to be used for the
storage or holding of gasoline, fuel oil or of any other volatile or flammable
liquids and may appoint one or more persons, firms or corporations as its
representative or representatives to make such inspections and tests. If any
such inspection or test discloses the presence of a hazardous condition, the
Building Department may compel the correction of such condition.
[Amended 11-28-1984 by L.L.
No. 12-1984]
Tanks which are temporarily out of service or abandoned, as such terms
are defined in the Nassau County Fire Prevention Ordinance, shall be treated
or removed in compliance with the provisions of the Nassau County Fire Prevention
Ordinance.
[Amended 11-28-1984 by L.L.
No. 12-1984]
Notwithstanding any of the provisions of § 77-4 hereof, the cessation of business of any fuel oil or gasoline storage plant or the cessation of use of any building, automobile or boat having a tank or container used or intended to be used for the storage or holding of any explosive or flammable oils or liquids is hereby determined to create an immediate abandonment of such tanks or containers as of the time of the cessation of normal and usual business activities and use. Upon such abandonment, all requirements contained in this article applicable to abandoned tanks or containers shall apply to tanks and containers under this section.
A.
All tanks or containers used or intended to be used for the purpose set forth in §§ 77-6 and 77-7 shall be approved by and bear the seal of the National Board of Fire Underwriters and shall be in compliance with the provisions of the Nassau County Fire Prevention Ordinance.
[Amended 11-28-1984 by L.L.
No. 12-1984]
B.
No tank or container, except as hereinafter provided,
used or intended to be used for the storage of fuel oil or of any volatile
or flammable oils or liquids for heating premises, hot water, cooking, power
or any other purpose, shall be installed or maintained within such premises.
Such tank or container shall be installed or maintained underground and outside
the foundation walls or the principal walls of such premises, at a distance
of no less than seven feet from the nearest foundation wall or principal wall
of such premises and shall be buried so that the top thereof shall be at least
two feet below the surface of the ground.
C.
Tanks for domestic use shall not have a capacity in excess
of 1,000 gallons.
[Added 11-28-1984 by L.L.
No. 12-1984]
A.
Fuel oil tanks having a capacity of 275 gallons each
may be located in the cellar or basement above the floor level. No more than
two such tanks shall be installed in connection with any one burner. When
more than one storage tank is installed, such tanks shall be connected with
the main feed pipe leading to the burner through a manually operated three-way
valve so that not more than one tank can in any way discharge its contents
at one time, and such tanks shall be provided with valves to close against
the supply and securely attached in combustible supports and shall not be
located within seven feet, measured horizontally, from any fire or source
of flame. Such tank may be used to supply oil to the burner by gravity, provided
there is a suitable automatic safeguard to prevent abnormal discharge of oil
at the burner.
[Amended 8-9-1949]
B.
All vent and fill pipes to such tank shall terminate
at a point outside the building. Vent pipes shall extend from the tank to
the outside air, terminating at a point outside of the building at least three
feet above the top of the fill pipe and as remote as practicable from any
window or building opening. Outer ends of the vent pipe shall be provided
with a return bend or weatherproof hood.
[Amended 11-9-1966; 11-28-1984
by L.L. No. 12-1984; 11-20-1991
by L.L. No. 3-1991; 1-22-1997
by L.L. No. 1-1997]
Any person, association, firm or corporation which violates any provision
of this article or assists in the violation of any provision of this article
shall be guilty of a violation punishable by a fine not exceeding $1,000 or
imprisonment for a period not to exceed 15 days, or both, for conviction of
a first offense; for conviction of a second offense, both of which were committed
within a period of five years, punishable by a fine of not less than $1,000
nor more than $2,000 or imprisonment for a period not to exceed 15 days, or
both; and upon conviction of a third or subsequent offense, all of which were
committed within a period of five years, punishable by a fine of not less
than $2,000 nor more than $3,000 or imprisonment for a period not to exceed
15 days, or both. Each week's continued violation shall constitute a separate
additional violation.
[Adopted 5-10-1949 by Ord.
No. XXI]
A.
No retail or wholesale plant for the storage of gasoline,
petroleum or shale oil or the liquid product thereof or of coal tar or of
any volatile, flammable or explosive oils and liquids, nor any plant known
as a filling station, service station or garage handling such explosive oils
or liquids or wholesale or retail sale shall be erected or maintained, nor
shall any of the aforesaid oils and liquids be stored or maintained in any
structure used for mercantile or manufacturing purposes or in and about the
premises thereof, without a permit being first obtained from the Building
Department for such purpose. A permit shall be issued by the Building Department
only after an application for said permit has been presented to the Board
of Trustees and approved by said Board, following a public hearing on the
application as hereinafter provided.
[Amended 11-28-1984 by L.L.
No. 12-1984]
B.
At the time application for such permit is made, it shall
set forth the following details:
(1)
Number of tanks.
(2)
Type of each tank.
(3)
Size of each tank.
(4)
Capacity of each tank.
(5)
Construction of each tank.
(6)
Materials to be used for foundation or base.
(7)
What is to be stored in each tank.
(8)
Description of fire extinguishing system to be installed.
(9)
Location of loading rack.
(10)
Construction, height and width of dike surrounding each
tank or group of tanks.
(11)
Construction of layout, including valves for feed and
discharge lines.
(12)
Construction and location of pump house.
(13)
Map showing the size and location of the property, the
ownership and the use of adjoining property, with the location of tanks and
dikes, the location of the loading rack and pump house, the layout of pipes
and the topographical contour of the land.
(14)
A copy of the approved plans submitted to the Nassau
County Fire Marshal and satisfactory evidence of compliance with the applicable
provisions of the Nassau County Fire Prevention Ordinance and applicable regulations
and requirements of the Nassau County Fire Marshal.
[Added 11-28-1984 by L.L.
No. 12-1984]
[Added 11-28-1984 by L.L.
No. 12-1984[1]]
A.
The Board of Trustees shall set a date for a public hearing
on an application, and the Village Clerk shall cause notice of such hearing,
setting forth the date, time and place thereof and the description of the
property covered by the application, to be published in a newspaper designated
by the Board of Trustees at least 10 days before but not more than 20 days
prior to the date of the public hearing. In addition to the notice published
by the Village Clerk, the applicant shall, on forms provided by the Village
Clerk, serve notice of public hearing on said application on all owners of
real property, as indicated on the latest completed assessment rolls of the
County of Nassau, within 200 feet, either personally or by registered mail.
Said notices shall be served at least 10 days before, but not more than 20
days prior to, the date of public hearing as determined by the Board of Trustees,
and the applicant shall, at least five days prior to the date of the hearing,
file with the Board of Trustees proof of service of said notices.
B.
The Board of Trustees may take testimony, affidavits
or other evidence pertaining to matters set forth in the application and,
in addition thereto, but not limited to, evidence pertaining to fire hazards,
effect on traffic, effect on the value of adjacent properties and proximity
of residences, schools, churches or other businesses storing flammable liquids
or materials. The Board, in making its determination, may pass on any of the
foregoing matters and upon any information known to the members and may impose
any reasonable conditions upon the issuance of a permit.
[1]
Editor's Note: This local law also provided for the repeal of former
§ 77-10, Storage near public highway prohibited.
[Added 11-28-1984 by L.L.
No. 12-1984[1]]
No permit shall be issued to install or maintain a tank:
A.
Whose capacity exceeds 15,000 gallons;
[Amended 5-14-2003 by L.L. No. 1-2003]
B.
Which is situated within 10 feet of a building or property
line;
C.
Which is situated under a sidewalk;
D.
Which is situated within two feet of another underground
tank;
E.
Which is situated within 200 feet of the nearest wall
of a building occupied as a school, hospital, church, public library, theater
or other place of public amusement or assembly; or
F.
Which, in the opinion of a majority of the Board of Trustees,
might endanger the health, safety or welfare of the public or pose a potential
hazard to the environment.
G.
Which is not “double walled” as to its structure,
in the determination of the Superintendent of Buildings.
[Added 6-25-2003 by L.L. No. 2-2003]
[1]
Editor's Note: This local law also provided for the repeal of former
§ 77-11, Mixed occupancy prohibited.
Any permit issued pursuant to this article is issued with the understanding
that construction shall start within 90 days of the date of the permit and
shall be completed within 12 months of the date of the permit, except that
where a permit is issued in connection with the construction of a building
or buildings, such permit shall remain in full force and effect during the
period when such building permit is valid pursuant to the provisions of the
Building Code of the Village of Manorhaven.[1] Any permit so issued shall be subject to revocation unless this
provision is complied with.
[Added 11-28-1984 by L.L.
No. 12-1984[1]]
All tanks for business or industrial uses shall be located below ground
and shall be constructed and installed in accordance with the provisions of
the Nassau County Fire Prevention Ordinance.
[1]
Editor's Note: This local law also provided for the repeal of former
§ 77-13, Storage volume limited, added 11-14-1962.
The installation of any tank or tank line hereunder shall be supervised
and certified in writing by a licensed engineer and approved by the Building
Department prior to being placed into service. No such tank shall be covered
from sight until after an inspection by the Building Department and written
approval to cover said tank has been given by the Building Department.
[1]
Editor's Note: This local law also provided for the repeal of former
§ 77-14, Storage below ground in business areas.
In an industrial area, no stove, forge, torch or other device employing
fire, flame or heat, nor any electrical or other apparatus likely to produce
an exposed spark, except such electrical motors as are of the fully enclosed
type, shall be placed within 50 feet of such storage tanks or containers,
unless it be placed in a room or compartment separated therefrom by a partition
constructed of fire-retarding material and provided with a self-closing door.
In an industrial area, no system of artificial light other than incandescent
electric lights properly protected by glass globes and wire mesh cages shall
be installed in any premises used for the storage or sale of such above-named
oils and liquids. All wiring shall be in conduit. All electrical extension
outlets shall be of a type to prevent arcing.
[Amended 11-28-1984 by L.L.
No. 12-1984[1]]
The permit fee for the installation of tanks for business or industrial
uses shall be determined by the Board of Trustees and shall include the cost
of supervision or any safety compliance certificates.
All expenses in connection with any test or tests that may be required
to be made hereunder shall be borne and paid for by the owner, lessee or agent
of the property or by the architect or builder of the premises. After any
such test shall have been made, no further or additional work on the premises
shall be permitted until the expenses of any such test or tests, if any, shall
have been paid. The initial fee for a permit under this article shall not
be applied to the payment of any expenses incurred for such test or tests.
Any person, association, firm or corporation which violates a provision
of this article shall be guilty of a violation punishable by a fine not exceeding
$250 or imprisonment for a period not to exceed 15 days, or both, for each
violation. Each day a violation of any provision of this article continues
shall constitute a separate offense.
[Added 11-28-1984 by L.L.
No. 12-1984]
In the event that any clause, sentence, paragraph, section or part of
this article shall be adjudged by a court of competent jurisdiction to be
invalid, such judgment shall not affect, impair or invalidate the remainder
of this article which shall remain in full force, but shall be confined in
this operation to the clause, sentence, paragraph, section or part of this
article directly involved in said judgment.
