[HISTORY: Adopted by the Town of Abington 4-3-2006 ATM by Art. 8.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Firearms and explosives — See Ch. 71.
Commercial garages — See Ch. 81.
Gas installations — See Ch. 84.
[1]
Editor's Note: This Article also superseded former Ch. 75, Fire Prevention, comprised of Art. I, Explosives and Flammable Materials, derived from Ch. 8, Sec. 7, of the 1992 Tow of Abington Bylaws; and Art. II, Underground Storage of Flammable Fluids, derived from Ch. 8, Sec. 11, of the 1992 Town of Abington Bylaws.
The fee for a license for keeping, storage, or manufacture or sale of explosives and inflammable material issued by the local licensing authority under the provisions of MGL Ch. 148 § 13 shall be established from time to time by the Fire Chief, pursuant to MGL Ch. 40 § 22F. A schedule of said fees shall be kept on file at the Fire Department and with the Town Clerk.
Any flammable liquid or gasoline storage tank
installed below the ground under license duly granted by the Board
of Selectmen shall be tested for leakage at the expense of the owner
upon installation, and according to the following schedule, the date
of which shall be determined by the license date or the date of installation,
whichever is later:
Such testing shall be done under the supervision
of the Fire Chief using the Kent/Moore Test Method or equal. The tank
or tanks shall be removed by the owner, at their expense, if it fails
the test, or at any time when it becomes a hazard because of leakage
or otherwise in the opinion of the Fire Chief.
The fact of installation, maintenance and/or
usage of such storage tanks under a license granted by the Board of
Selectmen shall constitute an agreement on the part of the owner or
owners of such tanks to save and hold harmless the Town of Abington
from any and all reasonable and necessary expenses of removing said
tanks upon expiration of the license, or at any time when the same
shall be required in the opinion of the Fire Chief. The fact of installation,
maintenance and/or usage of such storage tanks under a license granted
by the Board of Selectmen shall constitute on the part of the owners
an obligation to remove such tanks at the cost of the owners upon
the discontinuance and/or abandonment of that business necessitating
or using such tanks, whether or not such discontinuance and/or abandonment
be less than the five-year limitation above mentioned. Removal of
such tanks under the provisions herein shall be within 180 days of
the date of discontinuance or abandonment.
Jurisdiction over any and all leakage of flammable
liquid or other harmful and injurious matter into any main, line or
other conduit below the surface of the ground, constituting a detriment
to the public health or safety, shall be vested with the Fire Chief.
A.
Upon
determination of such leakage into such main, conduit or line, the
Fire Chief shall seek to provide an immediate verbal notification
of such leakage to all owners of land duly licensed for such storage
of gasoline or other flammable or injurious material in the area defined
as the source of such leakage and the particular main, line or conduit
affected. The Fire Chief shall further notify all owners by first
class and registered mail.
[Amended 6-6-2016 ATM by Art. 9]
B.
The defined area within which the source of leakage
is located, if ascertainable;
C.
A demand upon the owners of such licensed land within
the defined area to take necessary action to test and confirm the
absence of any such leakage from storage tanks upon the owners' particular
land;
D.
A reasonable time limit within which to effect such
tests, not to exceed 72 hours;
E.
Notification of the intention of the Town to make
such reasonable tests as are requested upon the failure of the owner
to take action;
F.
The amount of charge for such tests in the event the
owner fails to comply with the demand.
The fact of the installation, maintenance and/or
usage of such storage tanks under the license of the Board of Selectmen,
with the actual or implied consent of the owner of such land, shall
constitute an agreement on the part of the owner of such licensed
land to take such action as constitute an agreement on the part of
the owner of such licensed land to take such action as requested above
to discover the presence or absence of any such leakage; and shall
further constitute an agreement on the part of the owner to hold and
save harmless the Town from any reasonable and necessary expenditures
incurred by the Town in testing the licensed land upon failure of
the owner to comply with the notification of the Fire Chief.
Any tanks installed in a floodplain area will be in a concrete vault. The fee for an original license and renewal license shall be in such sums set forth in Article I of this chapter.
