Town of Pittsford, NY
Monroe County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Board of the Town of Pittsford 7-21-1992 as Ch. 12 of the 1992 Code; amended in its entirety 3-18-2014 by L.L. No. 2-2014. Subsequent other amendments noted where applicable.]
GENERAL REFERENCES
Fire alarm systems — See Ch. 52, Art. II.
Building construction and maintenance — See Ch. 64.
Fire prevention — See Ch. 86.

§ 92-1 Purpose.

This chapter is intended to regulate the storage and sale of gasoline and other flammable liquids within the Town, outside the boundaries of any incorporated village therein, for the preservation of the public health, welfare and safety of the residents of the Town and others and especially to avoid fire and other hazards that might otherwise exist in the storage, handling and sale thereof. It applies only to those facilities selling to the general public, commonly referred to as "retail facilities."

§ 92-2 Definitions.

The following definitions shall apply in the interpretation of this chapter:
CLASS I LIQUIDS
Includes those liquids with a flash point below 100° F.
CLASS II LIQUIDS
Includes those liquids with a flash point at or above 100° F. and below 140° F.
CODE ENFORCEMENT OFFICERS
As defined in Chapter 64 of this Code.
FIRE MARSHAL
The Fire Marshal appointed pursuant to Chapter 86 of this Code.
FLAMMABLE LIQUID
Any Class I or Class II liquid.
GASOLINE SELF-SERVICE STATION
A building, structure or tract of land used primarily for the dispensing of any Class I or Class II liquid to the general public by persons other than or in addition to the gasoline service facility owner or qualified attendant.
GASOLINE SERVICE FACILITY
Any person or organization who sells or offers for sale to the general public any Class I or Class II liquid, including but not limited to gasoline service stations, gasoline sales outlets, gasoline self-service stations and combination gasoline-service/car-wash facilities.
QUALIFIED ATTENDANT
A person completely instructed in the proper handling and control of all Class I and Class II liquid dispensing equipment on the premises of a gasoline service facility, including emergency procedures, and approved by the said owner as qualified.

§ 92-3 Operating permit required.

Any gasoline service facility storing and/or selling or offering to sell Class I or Class II liquids, above or below ground, must obtain an operating permit pursuant to Article VI of Chapter 64 of this Code.

§ 92-4 Revocation or suspension of operating permit.

Noncompliance with the requirements of this chapter shall be sufficient cause for the suspension or revocation by the Fire Marshal or a Code Enforcement Officer of an operating permit issued pursuant to Article VI of Chapter 64 of this Code, in addition to any other penalties prescribed in this chapter.

§ 92-5 Installation and operation requirements.

Any person selling or offering for sale Class I or Class II liquids in the Town must have his tanks and piping installed and operated in accordance with the Building and Fire Protection Codes of New York State and any other applicable New York State and/or federal regulations.

§ 92-6 Spillage and leakage.

A. 
In the event of accidental spillage or leakage of a flammable liquid in quantities of five United States gallons or greater, whether or not it may enter sewers, the Fire Department and Fire Marshal or a Code Enforcement Officer shall be notified immediately.
B. 
A minimum of five one-hundred-pound bags of Stay Dry absorbent or equivalent must be kept on the premises at all times for flammable liquid spills and should be used for this purpose whenever possible, instead of flushing with water.

§ 92-7 Closing or abandoning of facility; change of use.

A. 
In the event a gasoline service facility shall be closed or abandoned or the use of the premises changed so that it no longer functions as a gasoline service facility, the owner, lessee and/or flammable-liquid supplier of said facility shall immediately remove all products from the storage tanks and, if the tanks are not removed, shall completely fill the tanks with water. Within one year after the aforesaid closing, abandonment and/or change of use of the gasoline service facility, said storage tanks must be removed from the premises.
B. 
Before starting removal of any storage tanks, the Fire Marshal or a Code Enforcement Officer must be notified.
C. 
The following procedures must be followed in the removal of such storage tanks:
(1) 
The contents of the tank must be pumped out prior to excavating.
(2) 
Immediately after pumping out the contents of the tank and before removing it from the ground, a quantity of dry ice, sufficient to adequately reduce the vapor concentration, must be inserted into the tank. The ratio of dry ice to the gallon capacity of the tank to be removed shall be a minimum of 15 pounds of dry ice per 1,000 gallons of tank capacity.
(3) 
The removal of the tank from the ground and also the removal of the tank from the boundaries of the Town must be completed the same day.

§ 92-8 Enforcement.

The Fire Marshal of the Town and Town Code Enforcement Officers shall be responsible for the enforcement of this chapter.