[Adopted 5-2-1949 by Ord. No. 342, approved 5-2-1949]
[Amended 2-17-1975 by Ord. No. 438]
From and after the passage of this article, it shall be unlawful for a person, firm or corporation to place, erect or maintain any tank used for fuel oil except in accordance with the provisions of Chapter 143, Fire Prevention, of the Borough of Eddystone.
No person, company or corporation shall install, maintain or
operate any system or device for fuel oil for heating any building,
nor store any such fuel oil in any quantity in excess of 50 gallons
in or upon any premises, without first obtaining a permit therefor
from the Borough Secretary of the Borough of Eddystone.
[Amended 4-11-1977 by Ord. No. 448, approved 4-11-1977; 5-9-1983 by Ord. No.
482, approved 5-9-1983]
Any person, company or corporation desiring to install, maintain
or operate any such system or device or to store fuel oil in excess
of 50 gallons in any such premises shall apply to the Secretary of
the Borough of Eddystone for a permit, which application shall be
made on blanks provided by the Borough, and at the time the application
is made a payment of a license fee in the sum of $10 shall be made
to the Borough Secretary.
[Amended 4-11-1977 by Ord. No. 448, approved 4-11-1977; 5-9-1983 by Ord. No
482, approved 5-9-1983]
No person, company or corporation shall hereafter make any alteration
or change in any such system or device or storage facilities except
after application to the Secretary and the issuance of a permit therefor,
for which application and permit an additional fee of $2 shall be
paid, provided that in the event of an emergency a temporary repair
may be made (by a competent mechanic), in which event the person owning
or operating such device shall make report thereof, together with
application for permit, at the earliest possible opportunity.[1]
[1]
Editor's Note: Original Sections 5, 6, 7, 8 and 9, which
immediately followed this section and which established specific dimensional,
construction and inspection standards, were repealed 2-17-1975 by
Ord. No. 438.
[Amended 2-17-1975 by Ord. No. 438; 1-9-1989 by Ord. No. 524, approved 1-9-1989]
Any person who shall be convicted of a violation of any of the
provisions of this article before any District Justice shall be sentenced
to pay a fine of not more than $1,000 and costs of prosecution and,
in default thereof, to imprisonment in the county jail for a term
not to exceed 30 days.
If fuel oil shall be stored or any fuel oil heating system or
device shall be installed or maintained or operated in any of the
aforesaid premises contrary to the provisions of this article, the
same shall constitute a public nuisance and shall be abated as such
by an officer or agent of the Department of Public Safety, and all
costs incident to such abatement, together with a penalty of 20% thereof,
shall be charged against the owner of the premises and shall be payable
within 30 days thereafter; in the event that the same shall not be
paid, the same may be collected as debts are now collected by law,
or a municipal claim shall be filed therefor by the Borough Solicitor,
which shall be a lien against said premises until paid in accordance
with law.
As used in this article, the following terms shall have the
meanings indicated:
A tapped or distilled oil having a flash point of not less
than 100° F., closed cup. In determining the flash point, the
Elliot, Abel, Pensky or Tagliabue closed testers may be used, but
the Tagliabue closed testers, standardized by the United States Bureau
of Standards, shall be authoritative in case of dispute. In such cases
the tests shall be made in accordance with the methods of tests as
adopted by the American Society for Testing Materials.
Includes the burner and all equipment of every sort connected
with the same and located on the premises, including storage and auxiliary
supply tanks, filing devices, piping accessories and all incidental
constructions.
