[HISTORY: Adopted by the Board of Trustees of the Village of Islandia 10-7-1999
by L.L. No. 5-1999. Amendments noted where applicable.]
It is the intention of this chapter to regulate the sale, dispensing,
transportation and storage of liquefied petroleum gas (LPG) in accordance
with National Fire Protection Association (NFPA) Regulations (NFPA Current
Standards Nos. 54 and 58) and New York State Uniform Fire Prevention and Building
Code and the local laws of the Village of Islandia.
A.
Application. All applications for a certificate of fitness
shall be filed with the Village Fire Marshal on forms provided by the Fire
Marshal and accompanied by the applicable fee.
B.
Certificates of fitness issued by the Fire Marshal of
the Village of Islandia shall be required of any person:
(1)
Filling containers at locations where liquefied petroleum
gas is sold and/or transferred from one vessel into another.
(2)
Transferring liquefied gas from one vessel into another.
(3)
Filling containers permanently located and installed
outdoors equipped with appurtenances for filling by a cargo vehicle at consumer
sites.
C.
Investigation and examination. The Village Fire Marshal
shall investigate every new application for a certificate of fitness. The
investigation shall include a written examination regarding the use, makeup
and handling of liquefied petroleum gas, and such examination shall include
a practical test. When the Village Fire Marshal determines that the applicant
conforms to all the requirements of this chapter, he shall issue the certificate
of fitness.
D.
Proof of qualifications. Every person applying for a
certificate of fitness shall furnish satisfactory proof to the Village Fire
Marshal that he is familiar with materials, formulas, tools, techniques, standards,
laws, ordinances, recognized good practices, safety precautions and manufacturer's
recommendations pertaining to the particular system, materials, devices or
operations he will be involved with and for which the certificate of fitness
is issued. He shall further prove that he is physically competent to perform
any and all actions necessary or incidental to the operation for which the
certificate of fitness is issued.
E.
The certificate of fitness shall be given full force
and effect for a period of two years.
F.
Refusal of certificate of fitness. When the Village Fire
Marshal determines that a candidate has failed an examination for a certificate
of fitness, he shall refuse to issue the certificate of fitness. Any applicant
may not apply again for the certificate of fitness within a ten-day period
following the examination.
G.
Transferability. A certificate of fitness shall not be
transferable.
H.
Renewal of certificate of fitness. Applications for renewal
of a certificate of fitness shall be filed in the same manner as an application
for an original certificate. Applicable fees shall accompany each such application.
The granting of a renewal of a certificate of fitness shall be accomplished
in the same manner as for an original certificate of fitness, except that
any person continuously engaged in any activity for which a certificate of
fitness is required will not, upon renewal, be required to take a written
examination.
I.
Change of address. Each person holding a certificate
of fitness shall notify the Village Fire Marshal in writing of any change
in his business, residential or other notification address within 10 days
after such change. Failure on the part of a person to give such notification
shall constitute grounds for revocation of said certificate of fitness.
J.
Contents of certificate of fitness. A certificate of
fitness issued by the Village Fire Marshal shall be in the form of an identification
card. Said card shall contain the following information to be valid:
(1)
The purpose for which the certificate of fitness has
been issued.
(2)
The date of certificate of fitness issuance and the date
of expiration.
(3)
Other information as may be necessary to properly identify
the person to whom the certificate of fitness is issued.
(4)
The signature of the person to whom the certificate of
fitness is issued.
(5)
The name and signature of the Village Fire Marshal who
issued the certificate of fitness or the Village Fire Marshal's name
and the countersignature of his designated representative.
(6)
Printed thereon, in bold type, the following: "THIS CERTIFICATE
DOES NOT EXCLUSIVELY RECOMMEND THE BEARER."
K.
Requirement to display certificate of fitness. Any person
to whom a certificate of fitness has been granted in conformance with this
chapter shall, upon request, produce and show proper identification and his
certificate of fitness to anyone for whom he seeks to render his services
or to the Village Fire Marshal.
L.
A certificate of fitness may be revoked by the Village
Fire Marshal, following a hearing, if the holder fails to comply with the
provisions of this chapter.
A.
No person, firm or corporation shall use, or cause to
be used, any motor vehicle, tank truck, tank semi-trailer or tank truck trailer
for the transportation of liquefied petroleum gas unless, after complying
with these regulations, a permit to operate a fleet of such vehicles has first
been secured from the Village Fire Marshal. No permit shall be required under
this section for any motor vehicle that is used for the transportation of
liquefied petroleum gas not operated or registered by an authorized dealer,
containers not larger than 10 gallons' water capacity each (approximately
34 pounds' propane capacity) with aggregate water capacity of 25 gallons
(approximately 87 pounds' propane capacity) or when used in a permanently
installed container on the vehicle as motor fuel. This section shall not apply
to any motor vehicle, tank truck, and tank semi-trailer or tank truck trailer
traveling through the Village of Islandia and making no deliveries within
the village.
B.
The permit shall be given full force and effect for a
period of two years.
C.
All liquefied petroleum gas containers shall be transported
in an upright position and properly secured.
D.
The transportation of liquefied petroleum gas cylinders,
either empty or full, is prohibited in the trunk of any passenger vehicle.
E.
Cylinders larger than 10 gallons' water capacity
or an aggregate in excess of 25 gallons' water capacity shall not be
transported in cars, vans or any type of enclosed vehicle or in the enclosed
area of any vehicle.
A.
Portable vapor withdrawal cylinders with water capacities
greater than 21/2 pounds which are or will be owned by the user or intended
user are not to be filled or refilled unless the cylinder has been properly
tested or recertified in accordance with United States Department of Transportation
regulations and has attached thereto a warning label approved by the Chief
of the Bureau of Fire Prevention. Cylinder(s) shall not be released to the
owner or his representative by the seller or refiner until it has been determined
that the cylinder has not been filled beyond acceptable limits (42% of its
water weight capacity), is free of leaks and is safe for use or continued
use.
B.
Containers, except those used in liquid withdrawal service
up to and including 40 pounds' propane capacity, shall be checked for
leaks immediately after filling. The test will be done by a qualified person,
who has a certificate of fitness, by checking each connection with a soap-water
solution or by total submersion in a water-filled container. Should a leak
exist, the container shall be emptied immediately and marked with paint or
indelible marker or other suitable means to positively identify a container
that leaks. A leaking container shall not be transported from the filling
site while it contains any product, either liquefied or vapor.
C.
All portable Department of Transportation and Interstate
Commerce Commission containers shall have the date of manufacture permanently
stamped on the collar, if permanently attached, or the cylinder, and in the
case of containers more than 12 years old, shall have the date of the most
recent inspection, month and year, marked on the collar or cylinder.
D.
Every person, firm or corporation offering filled liquefied
petroleum gas cylinders for sale or resale shall have a certified scale on
the premises to ensure that each portable cylinder containing liquefied petroleum
gas has not been filled beyond its safe capacity. Each such cylinder shall
be weighed before delivery to the purchaser to ensure that the cylinder is
not filled beyond acceptable limits.
E.
Container storage forbidden.
(1)
No container of liquefied petroleum gas, either in use or in storage, will be permitted inside or on the roof or balcony of any occupied building or in or on any construction attached to an occupied building, except as permitted in Subsection F below.
(2)
Industrial lift trucks will comply with the provisions
of NFPA Current Standard No. 58f.
(3)
Storage of containers must be outside the building at
least 25 feet from any building. Storage is to be in either a noncombustible
top- and bottom-vented structure or surrounded by a substantial metal fence
enclosure, such enclosure to be adequately secured against access by unauthorized
persons. If the storage is outdoors, it must be in a location where outdoor
storage is permitted by the Zoning Code.[1]
F.
Department of Transportation specification cylinders
with a maximum water capacity of 21/2 pounds, used with completely self-contained
hand torches and similar applications, may be stored or displayed in a building
frequented by the public. The quantity of LP Gas shall not exceed 200 pounds.
G.
Temporary or emergency use in unoccupied buildings regulated.
Liquefied petroleum gas may be used in buildings or portions thereof under
construction with no occupancy, provided that the following regulations are
complied with:
(1)
Containers in use shall be placed so as to ensure against
tipping and shall be protected from physical damage.
(2)
Portable heaters utilizing liquefied petroleum gas must
be equipped with a safety pilot device which will shut off the flow of gas
should the pilot light be extinguished.
(3)
Direct connection of heater to container without a pressure
regulator suitable for the appliance in use is prohibited.
(4)
Only hose approved for liquefied petroleum gas will be
permitted and cannot exceed 15 feet in length.
(5)
Heaters must be placed at least six feet from containers
and at least 10 feet from combustible materials.
(6)
No liquid withdrawal containers will be permitted, except
those containers firmly attached to industrial motorized equipment.
H.
Temporary or emergency use in occupied buildings regulated.
Liquefied petroleum gas may be used in occupied buildings, provided that the
following regulations are complied with:
(1)
Containers in use shall be placed so as to ensure against
tipping and shall be protected from physical damage.
(2)
Portable heaters utilizing liquefied petroleum gas must
be equipped with a safety pilot device which will shut off the flow of gas
should the pilot light be extinguished.
(3)
Containers must be outside the building at an approved
location.
(4)
The supply line from the container must be approved copper
tubing or piping with approved fittings, adequately secured to the building
and protected against physical damage.
(5)
An approved gas shutoff device as specified in NFPA Current
Standard No. 54 must be installed at the end of copper tubing or piping inside
the building when connection from this point to the heater is to be approved
flexible hose.
(6)
No temporary use shall exceed seven days. However, extensions
of seven days may be granted by the Chief of the Bureau of Fire Prevention
upon application and proof that a system could not be made permanent or the
affected system repaired without an extension.
I.
Supervision. Temporary heaters and equipment must be
supervised by a competent person having knowledge of the utilization of liquefied
petroleum gas, and said person is to be in attendance at all times when heaters
are in operation. Supervision is the responsibility of the person, firm or
corporation using temporary heat.
J.
All openings between an occupied portion and a portion
under construction shall be closed with fire-rated material of at least a
one-hour fire rating.
K.
Excess flow check valve(s). All tanks used inside any
building shall be equipped with an excess-flow valve to shut off the flow
of gas if a hose is severed.
Any incident involving liquefied petroleum gas, including but not limited
to leaks, fires, explosions or any other accidental discharge into the atmosphere
in excess of 8.5 cubic feet (one pound propane) must be reported to the Village
Fire Marshal by the responsible party or his representative. The initial report
may be made by telephone and followed by a written report. Under no circumstances
shall a report be filed later than 24 hours after the incident.
This chapter shall not be construed to hold the Village of Islandia,
its officers or employees responsible for any damages to persons or property
by reason of the inspection or reinspection authorized herein or failure to
inspect or reinspect as herein provided or by reason of the approval or disapproval
of any equipment authorized herein.
Any person committing an offense against any provisions of this chapter
(the New York State Uniform Fire Prevention and Building Code and the NFPA
Current Standards) shall, upon conviction thereof, be guilty of a violation
pursuant to the Penal Law of the State of New York, punishable by a fine not
exceeding $250 or imprisonment for a term not exceeding 15 days, or both such
fine and imprisonment. The continuation of an offense against the provisions
of this chapter shall constitute, for each day the offense is continued, a
separate and distinct offense hereunder.
