City of Geneva, NY
Ontario County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the City Council of the City of Geneva 7-3-1968 as Ch. 67 of the 1968 Code. Amendments noted where applicable.]
As used in this chapter, the following terms shall have the following meanings:
ABANDONED CONTAINER
Any container holding or containing or capable of holding or containing any dangerous article which has been or is unused for a period of 60 days.
COMPRESSED GAS
Any material or mixture having in the container either an absolute pressure exceeding 40 pounds per square inch at 70° F., or an absolute pressure exceeding 104 pounds per square inch at 130° F., or both, or any liquid flammable material having a Reid vapor pressure exceeding 40 pounds per square inch absolute at 100° F.
CONTAINER
Any tank, cylinder, barrel or other object of every kind or nature capable of holding or containing dangerous articles.
CORROSIVE LIQUIDS
Those acids, alkaline caustic liquids and other corrosive liquids, which when in contact with living tissue, will cause severe damage of such tissue by chemical action; or in case of leakage, will materially damage or destroy other substance by chemical action; or are liable to cause fire when in substance with organic matter or with certain chemicals.
DANGEROUS ARTICLE
Any inflammable liquids, flammable solids, oxidizing materials, corrosive liquids, compressed gases, poisonous substances and radioactive materials as hereinafter defined.
FLAMMABLE LIQUIDS
Any liquid which has a flash point of 200° F., or less, as determined by a tagliabue or equivalent closed-cup test device.
FLAMMABLE SOLIDS
Any solid substance which is liable to cause fires through friction, through absorption of moisture, through spontaneous chemical changes, or as a result of retained heat from the manufacturing or processing.
OXIDIZING MATERIALS
Any substance such as a chlorate, permanganate, peroxide or a nitrate that yields oxygen readily to stimulate the combustion of organic matter.
POISONOUS SUBSTANCES
Liquids and gases of such nature that a very small amount of the gas or vapor of the liquid mixed with air is dangerous to life; or such liquid or solid substance as upon contact with fire or when exposed to air gives off dangerous or intensely irritating fumes or substances which are chiefly dangerous by external contact with the body or by being taken internally.
RADIOACTIVE MATERIALS
Any material or combination of materials that spontaneously emits ionizing radiation.
It shall be unlawful for any person to place, deposit or store beneath the surface of the earth any dangerous article without the permission in writing from the Fire Commission of the city and under such condition as said Fire Commission may impose for the protection of the safety and health of the residents of the city.
A. 
Methods. Underground containers taken out of service shall be safeguarded or disposed of by either of the following means:
(1) 
Placed in a "temporarily out of service" condition. Containers shall be rendered temporarily out of service only if they are to be returned to active service within 90 days at the location or pending removal within 90 days.
(2) 
Removed.
B. 
Records. In cases where containers are either rendered temporarily out of service or permanently abandoned, records shall be kept of container size, location, date of abandonment and method used for placing the abandoned container in a safe condition. With either of the methods described in Subsection A herein, no cutting torch or other flame or spark producing equipment shall be used until the container has been completely purged or otherwise rendered safe. In each case, the steps given shall be carried out successively.
With containers rendered temporarily out of service:
A. 
The fill line, gage opening and pump suction shall be capped and secured against tampering.
B. 
The vent line shall be left open (if not in conflict with proper safety standards).
When underground containers are removed:
A. 
All flammable liquids, solids, oxidizing materials, corrosive liquids, compressed gas, poisonous substances or radioactive materials stored in the container and connecting lines shall be removed.
B. 
Wherever applicable:
(1) 
The suction, inlet, gage and vent lines shall be disconnected. Sections of connecting lines which are not to be used shall be removed. Inlets, outlets and leaks, if any, shall be capped or plugged.
(2) 
After removal, the container shall be gas freed; on the premises if it can be done safely at that location, or transported to an area not accessible to the public and the tank gas freed at that location.
If a container is to be disposed of as junk, it shall be retested for flammable vapors or other harmful substances, and, if necessary, rendered gas free or otherwise safe. After junking and before releasing to a junk dealer, a sufficient number of holes or openings shall be made in it to render it unfit for further use.
Used containers which are to be reused for flammable or combustible liquid service shall meet the provisions of Article 16 of the Fire Prevention Code for the installation of underground tanks.
Abandoned containers of dangerous articles are deemed to be a nuisance and a menace to the health and safety of the residents of the city. In cases of emergencies, where the owner of said container or property owner shall fail to remove said abandoned container, and said failure would result in probable loss of life or property, the Fire Chief shall have the power to proceed at once upon the property wherein any such container may be found, and cause the same to be removed.
A. 
The actual expense of making such removal, together with a service charge of 50% thereon to cover costs of administration and supervision by the city, shall be charged to the owner of said property.
B. 
If such owner shall fail to pay the same within 10 days thereafter, the Fire Chief shall file a certificate of the actual expense incurred, together with a service charge to cover costs of administration and supervision by the city with the City Comptroller who shall cause the same to be collected and enforced in the same manner, by the same proceedings, at the same time, under the same penalties, and having the same lien upon the property assessed as the general city tax.
[Amended by Ord. No. 72-12, eff. 7-5-1972]
Any violation of either this article or chapter, as the case may be, shall be punishable as provided in § 1-17 of Chapter 1, entitled "General Provisions," of this Code.