No person shall keep or store within the fire limits of the Village any gasoline, benzine, naphtha, ether, benzole or any other flammable volatile of like character in greater quantity than 50 gallons (except as provided in § 205-22 of this chapter) unless in properly constructed underground tanks or unless a special permit is obtained from the Board of Trustees for aboveground storage of quantities greater than 50 gallons.
No person shall install an underground tank for the storage of flammable volatiles in the Village of Patchogue without first having made application to the Building and Housing Department of the Village for a building permit.
The Building Inspector shall not issue his certificate of occupancy until the applicant has met all applicable standards, rules and regulations for installation of underground tanks.
A. 
The applicant shall be required to notify the Fire Inspector at least 24 hours in advance to permit the following required inspections of the installation:
(1) 
At construction of new facilities there shall be two inspections by the Fire Inspector or his designee. The first inspection shall take place when the tank is installed and all the piping is connected, but before the installation is covered. The Fire Inspector shall approve of the tank, piping, vents and pumps in accordance with the standards of this chapter. The second and final inspection shall take place when the installation is completed. The applicant shall be required to fill the tank with the material it is to store to within six inches of its capacity and, in the presence of the Fire Inspector or his designee, to test the tank and piping system by methods which are generally accepted by all authorities having jurisdiction.
(2) 
If the application is for replacement of a tank or tanks, there shall be one inspection by the Fire Inspector or his designee. The inspection shall take place when the installation is completed. The Fire Inspector shall determine that the standards set forth in this chapter have been met. The applicant shall be required to fill the tank and test it in the same manner as the second required inspection set forth in this Code.
B. 
All pumps shall be located at least 25 feet from the line of any street highway right-of-way, and any such tanks shall be located at least 35 feet distant from any street or lot line.
C. 
Any such tank which shall not be used for a continuous period of six months must be filled with sand under the supervision of and according to the specifications provided by the Village Fire Inspector.
D. 
No such tank shall be erected or installed in any residential district in the Village of Patchogue or on any residential premises regardless of in which district those premises are located.
E. 
Upon the recommendation of the Fire Inspector, where a new installation of a tank or tanks shall be made or is desired to be made on premises legally in operation as a gasoline service station on the date of enactment hereof, the Board of Trustees may vary the requirements of Subsection B above in order to permit the modernization of facilities on premises which are too small to accommodate the setback set forth therein. If such variance shall be granted, the Board shall set new setback limitations for the premises concerned which shall, at all times, control as is specifically set forth in Subsection B above.
Periodic tests of underground tanks storing flammable volatiles shall be conducted at intervals prescribed by all authorities having jurisdiction.
It shall be a violation of this chapter for any person to fail to test any tank required to be tested under §§ 205-18 and 205-19 of this chapter.
The Fire Inspector is hereby empowered to deem leakage or suspected leakage from an underground tank storing flammable volatiles a hazard and to order the owner, lessee or other person in control of such tank to drain the tank into a suitable container or take other steps which he, in his discretion, deems necessary to protect the public. Failure to act on the order of the Fire Inspector within 24 hours will be deemed a violation of this chapter.
No certificate of occupancy shall be issued by the Building and Housing Department of the Village of Patchogue to any person for the erection or operation for a building or storage facility to handle or store flammable volatiles above ground in excess of the quantity of 50 gallons within the fire limits of the Village unless there shall first have been filed with the Building and Housing Department a written permit for the storage of flammable volatiles from the Fire Inspector.