City of Oneonta, NY
Otsego County
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Table of Contents
Table of Contents
[HISTORY: Derived from Article XII of Chapter 11 of the 1975 Compilation, as amended through 1996. Subsequent amendments noted where applicable.]
Fire prevention — See Ch. 126.
As used in this chapter, the following terms shall have the meanings indicated:
Any premises or portion of premises, public or private, where gasoline or other flammable liquid fuel for self-propelled vehicles, boats or portable internal combustion engines is dispensed into the fuel tank of such equipment, including outdoor facilities on such premises used for lubrication and minor service of such vehicles, boats, machines or engines.
A service station shall be equipped and operated in accordance with the provisions of this chapter.
Tanks for the storage of flammable liquid motor fuels shall be underground.
Dispensing devices for motor fuels shall be securely mounted on concrete foundations located, designed and protected to normally prevent damage by vehicles. Such devices shall be so located that vehicles being fueled will be entirely off sidewalks, streets or thoroughfares. Pumps shall be so arranged as to control the flow of liquid at the point of discharge and shall be provided with secondary means of shutting off the power in the event of accident or fire. Pumps and all piping and fittings in connection therewith shall be maintained free from leaks.
Present existing curb pump installations are excepted from the requirements of location above set forth only, until no longer in use.
Each service station shall be equipped with at least one approved fire extinguisher suitable for extinguishing oil or gasoline fires. Extinguishers shall be kept in good operating condition at all times and shall be located in accessible and conspicuous places. Each required extinguisher shall be a type and size to make one unit of first-aid fire protection for oil fires as defined by an inspection and testing laboratory acceptable to the Fire Chief.
An accurate weekly inventory shall be kept of the contents of all underground tanks by the physical gauging of such tanks and the comparison of the amount of the product on hand at the beginning of each weekly period plus purchases less sales and where this result checked against meter readings for sales for said period indicate a shortage or shrinkage of over 1% of sales, the Fire Chief or Fire Department shall be immediately notified.
It shall be the duty of the Fire Chief and of the Fire Department to request testing of all underground tanks and piping and connections at any time deemed necessary and whenever notice of shrinkage has been received and at least twice a year by static physical gauge or other approved test set forth in the Fire Prevention Code to determine whether leakage is present.
It shall be the duty of the licensee to permit such tests and to comply with the directions, requirements and orders of the Fire Chief to make such tests effective. Failure to so comply may be grounds for the revocation of the license issued for such service station.
Test duration shall be over an eight-hour period with tanks at least 80% full, and, unless in an emergency, such tests shall be conducted between the hours of 9:00 p.m. and 7:00 a.m.
In the event that a hydrostatic test is deemed necessary by reason of the results of the static physical gauge test, the cost thereof shall be billed to and paid for by the licensee.
It shall be unlawful for any person, firm or corporation to dispense or to sell or offer for sale at retail any gasoline or other flammable liquid or to establish, maintain or operate for public or private use any service station or install any pumps or apparatus for the dispensing of gasoline or other flammable liquid without first having obtained a written permit therefor as herein provided.
New applications for such permits shall be in writing on forms furnished by the city and shall be made to the City Clerk and shall be accompanied by a plot of the station and a description of the pump and tank and other apparatus installation. This requirement is not necessary for renewals.
Insurance. This application shall include an insurance policy to the City of Oneonta individually and/or as an additional insured to indemnify the city against liability, for bodily injury, property damage, costs and expenses which the city may incur or suffer by reason of the granting of such permit. Such policy shall be at least in the sum of $300,000 single limit for bodily injury and property damage liability combined and shall be in such form as may be prescribed or approved by the City Attorney. This requirement is necessary for renewals.
Such application shall be accompanied by a permit fee as shall be set by resolution from time to time by the Common Council of the City of Oneonta. The set fee is an annual fee and all permits issued hereunder must be renewed within the thirty-day period preceding the expiration of the existing permit each year thereafter. A license issued hereunder shall be valid during the calendar year of issuance and may be transferable for the same location only upon proper application to the City Clerk.
The City Clerk shall refer such application to the City Fire Chief and Code Enforcement Officer for their approval; no license shall be issued without their joint approval.
The fees herein provided shall cover the required instance, and, in the event such license is not approved and issued, 1/2 of the total fee shall be refunded to the applicant.
If such application is approved as required herein, the City Clerk shall issue a license to the applicant. Any such license issued hereunder may be revoked for the violation of any of the provisions of this chapter.
Any person, firm or corporate licensee who shall violate any of the provisions of this chapter shall, upon conviction, be subject to the penalties prescribed in this Code of the City of Oneonta.[1]
Editor's Note: See § 1-18 of this Code for penalty provisions.