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Village of Freeport, NY
Nassau County
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Table of Contents
Table of Contents
This article shall apply to all new plants, stores, equipments and installations and to existing plants, stores, equipment and installations which constitute a distinct hazard to adjoining property insofar as the intent of this section to assure public safety and welfare can be reasonably fulfilled as determined by the Board of Trustees upon hearing duly held. This provision, while not limited thereto, is intended to apply when the uses herein provided were originally in conformity hereto. All persons and businesses storing, handling or using flammable liquids shall be governed by this article whether or not specifically named in this article.
A. 
Fuel oil tank for heating purposes. Nothing herein contained shall be construed to apply to the installation of tanks for the storage of fuel oil to be used for heating the premises upon or in which said installation is made; provided, however, that such tanks be constructed and installed in accordance with the standards of the National Board of Fire Underwriters and in conformity with Article V of this chapter.
B. 
Wholesale distribution. Nothing herein contained shall be construed to permit the storage for sale of fuel oil to be used for heating or the storage or sale of any flammable liquids at wholesale.
C. 
Storage and sale of flammable liquids in retail stores. Nothing herein contained shall apply to the storage and sale of flammable liquids in paint stores, hardware stores or similar retail establishments where said flammable liquids are stored or sold in sealed interstate commerce commission containers, drums or barrels; provided, however, that any dispensing from containers, drums or barrels shall be done by means of leakproof pumps and not by faucet or other bottom-thawing device, which will permit gravity flow of liquid.
No permit for the erection or operation of a building designed as a public garage reserve station, fuel station or repair station for motor vehicles from which motor fuel is to be dispensed to the public shall be issued by the Superintendent of Buildings unless there shall first have been issued a permit for the storage of flammable liquids by the Village Board.
No storage permit shall be granted unless a written application, duly verified, shall be made to the Village Board, accompanied by a statement and a map, showing:
A. 
Premises. The size and location of the property for which the storage permit is requested.
B. 
Existing tanks. The location, type, size, capacity and material stored in all existing tanks.
C. 
Proposed tanks. The location, type, size, capacity and material to be stored in all proposed tanks.
D. 
Existing buildings. The location, size and use of all existing buildings on property involved.
E. 
Proposed buildings. The location, size and use of all proposed buildings.
F. 
Fire protection. Description and locations of fire-extinguishing systems to be installed.
[Amended 4-27-1981 by L.L. No. 4-1981; 2-26-1990 by L.L. No. 13-1990]
The Board of Trustees by resolution shall adopt and from time to time may amend a schedule of fees payable by an applicant for a permit for the installation of storage tanks for flammable liquids as required by this article.
Any storage permit granted by the Village Board pursuant to this article will be issued subject to the condition that construction shall start within 90 days and shall be completed within 12 months of the date of the granting of such permit unless otherwise specifically authorized. Failure to meet either of these conditions shall revoke the permit.
[Amended 6-27-1966]
No permit for storage shall be issued for any building or enclosure:
A. 
Which is occupied as a tenement house, hotel or lodging house.
B. 
Where paints, varnishes or lacquers are manufactured or kept for sale.
C. 
Where dry goods or other highly flammable materials are manufactured or kept for sale.
D. 
Where resin, hemp or cotton or any explosives are stored or kept for sale.
E. 
Which is situated within 50 feet of the nearest line of any premises occupied as a hospital, sanitarium, church, school, theater or other place of public amusement or public assembly.
[Amended 4-29-1968; 3-13-1972]
No tank shall be installed of a capacity greater than 1,000,000 gallons.
Detailed plans and specifications covering the proposed tank or tanks shall be submitted to the Superintendent of Buildings for his approval when application is made for a construction permit.
No tank shall be put into use after its construction until an inspection shall have been made by the Superintendent of Buildings, and he is satisfied that required conditions have been met.
A. 
Tank size. The storage of flammable liquids in excess of 550 gallons shall be permitted only in buried tanks outside of buildings.
B. 
Gravity flow prohibited. No tank, drum or other container for which a permit has been issued, if located inside of a building or discharges inside of a building, shall be provided with a faucet or other bottom-drawing device which will permit gravity flow.
Tanks buried underground shall have the top of the tank not less than two feet below the surface of the ground and below the level of any piping to which the tanks may be connected, except that, in lieu of the two-foot cover, tanks may be buried under 12 inches of earth and a cover of reinforced concrete at least six inches in thickness provided, which shall extend at least one foot beyond the outline of the tank in all directions.
[Amended 4-29-1968]
The limit of storage permitted shall depend upon the location of tanks with respect to the building to be supplied and adjacent buildings as follows:
Distance from Building, Lot Line, etc.
(feet)
Total Capacity
(gallons)
Minimum Space Between Tanks
(feet)
60
500,000
15
40
25,000
10
30
15,000
5
25
10,000
4
20
5,000
2
10
2,000
2
No tank shall be located under a public sidewalk or beyond the building line.
Where tanks are buried under driveways, the total coverage above the top of the tank shall be not less than three feet; provided, however, that where such driveways are paved with concrete, not less six inches in thickness, the total coverage may be reduced to two feet.
[Amended 3-12-1973]
All underground tanks shall be constructed of galvanized steel, open-hearth steel, wrought iron or fiberglass of a thickness determined in accordance with the regulations of the National Fire Protection Association.
Prior to installation, underground tanks shall be protected against corrosion on the outside in a method at least equivalent to two preliminary coatings of red lead and followed by a heavy coating of asphalt.
A. 
Required, generally. Each tank shall be equipped with filling pipe, a drawoff pipe and a vent pipe, except that tanks installed as part of a hydraulic storage system shall not be required to have a vent pipe. All pipes shall be galvanized wrought iron with malleable iron fittings.
B. 
Vent pipes. Vent pipes shall be two inches in diameter and provided with noncorrodible wire screens or flash preventers completely covering the openings and shall be of a design approved by the National Board of Fire Underwriters.
C. 
Filling pipes. Filling pipes shall be at least three inches in diameter and shall be laid at a descending grade from the sidewalk in front of the building to the tank. The intake of all filling pipes shall be located in a heavy metal box, which shall be sunk flush with the sidewalk at the curb level or at some other location for the filling of the tank from a tank truck. All fittings and connections shall be of a type approved by the National Board of Fire Underwriters. All filling pipes shall also be provided with a screen made of two thicknesses of twenty-mesh brass wire gauze placed immediately below the filling cock or valve.
The storage of gasoline and kerosene within the confines of any such dwelling, office building, public hall, lodge room, club, business establishment, commercial building and all places of public assembly is hereby prohibited and shall constitute a violation of this article.
No person shall conduct a business for the sale of gasoline, either by gas pumps, gas tanks or otherwise, nor shall any person conduct or operate a place for the storage, repair or servicing of motor vehicles unless he shall have upon the premises at least two fire extinguishers capable of extinguishing fire, said extinguishers to be of a design approved by the National Board of Fire Underwriters.