[HISTORY: Adopted by the City Council of the City of Canandaigua
10-16-1997 by Ord. No. 97-21 as Ch. 8.52 of the 1997 Municipal Code. Amendments
noted where applicable.]
GENERAL REFERENCES
Uniform construction codes — See Ch. 714.
As used in this chapter, the following terms shall have the following
meanings:
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.
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.
Any tank, cylinder, barrel or other object of every kind or nature
capable of holding or containing dangerous articles.
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.
Any inflammable liquids, flammable solids, oxidizing materials, corrosive
liquids, compressed gases, poisonous substances and radioactive materials
as hereinafter defined.
Any liquid which has a flash point of 200° F., or less, as determined
by a Tagliabue or equivalent closed-cup test device.
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.
Any substance such as a chlorate, permanganate, peroxide, or a nitrate,
that yields oxygen readily to stimulate the combustion of organic matter.
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.
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 Chief of the City and under such condition as said Fire
Chief may impose for the protection of the safety and health of the residents
of the City.
A.
Methods.
(1)
Underground containers taken out of service shall be
safeguarded or disposed of by either of the following means:
(a)
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.
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:
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 Clerk/Treasurer 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.
Notwithstanding the provision set forth in § 639-9, any violation of this chapter either by the property owner or the owner of the abandoned container shall, upon conviction, be punishable by a fine not exceeding $250 or imprisonment in the County Jail of Ontario County for not more than 15 days, or both such fine and imprisonment. Each day on which any such violation continues shall constitute a separate offense.
