[HISTORY: Comes from L.L.
No. 105-1982, adopted 10-5-1982, effective 10-12-1982.]
GENERAL REFERENCES
Housing and Rehabilitation Code — See Ch. 88.
Flammable and combustible liquids — See Ch. 132.
[1]
Editor's Note: Original § 133-0 of this chapter
provided the following legislative intent: "This chapter is specifically
designed to safeguard against the hazard inherent with liquefied petroleum
gases when improperly used. Under this chapter, it is not intended
to allow any storage volume without a permit nor to give automatic
approval for any installation if, upon review of the application,
a hazard is disclosed."
This chapter shall be applicable to all areas within the Town
of Hempstead, except incorporated villages.
For the purpose of this chapter, the following definitions shall
apply:
Consumer site use for heating, cooling and cooking for multiple-family dwellings and those uses defined by Article XI of the Building Zone Ordinance of the Town of Hempstead, entitled, "Business Districts."
[Amended 1-5-1993 by L.L. No. 1-1993, effective 1-13-1993]
Consumer site use for heating, cooling or process heat and
standby power for uses in Light Manufacturing, Marine or Industrial
Use Districts, all as prescribed by the Building Zone Ordinance of
the Town of Hempstead.
Includes any material having a vapor pressure not exceeding
that allowed for commercial propane composed predominantly from the
following hydrocarbons, either by themselves or as mixtures: propane,
propylene, butane (normal butane and isobutane) and butylene (including
isomers).
Consumer site use for heating, cooling or cooking on the
premises of a single- or two-family dwelling.
The Town Board of the Town of Hempstead.
This chapter shall apply to all new installations and, except
as otherwise specified, to existing installations which may constitute
a distinct hazard to adjoining property insofar as the intent of the
sections can be reasonably fulfilled. All persons and businesses storing,
handling or using liquefied petroleum gas shall be governed by this
chapter, whether or not specifically named in this chapter.
No liquefied petroleum gas installation shall be completed or
maintained without:
A.
Meeting the requirements of the 1979 Edition of NFPA Pamphlet 58
and the Nassau County Fire Marshal;
B.
A storage permit being obtained from the Town Board as, if and when required by the criteria of § 133-9 herein; and
C.
A construction permit being obtained from the Department of Buildings
of the Town of Hempstead.
No storage permit for the storage of liquefied petroleum gas
shall be granted unless a written verified application shall be presented
to the Town Board, accompanied by an applicable fee and by a map and
an installation plan, previously approved by the Nassau County Fire
Marshal in accordance with Nassau County Ordinance No. 344-1979, subject,
however, to front, rear and side yard restrictions as prescribed by
the Building Zone Ordinance of the Town of Hempstead.
A.
Permit fees for construction permits issued by the Department of
Buildings of the Town of Hempstead shall be based upon the aggregate
storage volume of the liquefied petroleum gas container or containers
based on their water capacity, and as shown in the following schedule:
Volume
(gallons)
|
Fee
|
---|---|
11 to 50
|
$12
|
51 to 120
|
$15
|
121 to 500
|
$20
|
501 to 1,000
|
$50
|
1,001 to 2,000
|
$75
|
2,001 to 30,000
|
$200
|
B.
In addition, a certificate of plumbing approval fee of $15 will be
charged for all installations.
Installations of liquefied petroleum gas at locations storing
gasoline shall be in accordance with the requirements of NFPA Pamphlet
58 regarding isolation and minimum distances.
Tank sizes which qualify for exemption from Town Board approval
are as follows:
A.
Liquefied petroleum gas installations for residential use on premises
of a single- or two-family dwelling shall not exceed 500 gallons'
water capacity.
B.
Liquefied petroleum gas installations for commercial premises shall
not exceed 2,000 gallons' water capacity.
C.
Liquefied petroleum gas installations for commercial premises for
the retail sale and exchange of consumer propane cylinders.
[Added 1-5-1993 by L.L. No. 1-1993, effective 1-13-1993]
(1)
Consumer propane cylinders must be stored in a lockable, heavy steel
security storage cage.
(2)
Only one such storage cage shall be permitted for each premises.
(3)
At no time shall the contents of such storage cage exceed more than
45 filled consumer propane cylinders nor more than 212 total gallonage.
(4)
Such storage cage shall in all respects fully conform to the requirements of Chapter 86, Building Construction Administration, of the Code of the Town of Hempstead.
(5)
Such facility shall fully comply with all applicable regulations
of the Nassau County Fire Marshal and National Fire Protection Association.
A.
A storage permit approved by the Town Board shall be required whenever
the application for an installation permit involves the following:
B.
A public hearing before the Town Board shall be held when the storage
volume to be provided is part of a liquefied petroleum gas liquid
transfer station and when the storage volume equals or exceeds 501
gallons' water capacity for residential use or 2,001 gallons' water
capacity for commercial or industrial use.
A.
All applications to the Town Board for installation permits shall
be in writing and verified as a sworn statement and presented to the
Town Board accompanied by a current survey, site plan and area radius
map for the installation of the liquefied petroleum gas tanks, in
accordance with the following:
B.
For a public hearing before the Town Board, the required fee shall
be $350.
C.
If the Town Board shall find from the verified application, current
survey, site plan and area radius map that the proposed installation
conforms to the provisions of this chapter, it shall adopt the appropriate
resolution directing the Town Clerk of the Town of Hempstead to issue
the appropriate permit.
A.
Any person or persons, association or corporation committing an offense
against this chapter shall be guilty of a misdemeanor, which shall
be punishable by a fine of not more than $500 or by imprisonment for
a period not exceeding six months for each such offense, or by both
such fine and imprisonment.
B.
Each week's continued offense against this chapter shall constitute
a separate additional offense.