Village of Williston Park, NY
Nassau County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Trustees of the Village of Williston Park 9-22-1975 by L.L. No. 2-1975 as Ch. 57 of the 1975 Code. Amendments noted where applicable.]
GENERAL REFERENCES
Fees — See Ch. 93.
Fire prevention and building construction — See Ch. 97.
Inspections — See Ch. 116.
Tanks for inflammable materials — See Ch. 198.
This chapter shall be known and may be cited as the "Oil Burner Code of the Village of Williston Park."
All matters concerning, affecting or relating to the manufacture, alteration, installation and repair of oil burners, oil-burning equipment and equipment necessary, appurtenant or incident to the installation and repair of oil burners within the Village of Williston Park and the licensing of any and all individuals, corporations and partnerships who or which may alter, install or repair oil burners within the Village of Williston Park are presumptively provided for in this chapter, except insofar as such provisions are or may be hereafter provided for by present or future state laws or the Village of Williston Park Municipal Code.
This chapter is hereby declared to be remedial and shall be construed liberally to secure the greatest public good and impose no unnecessary hardship on the individual.
As used in this chapter, unless the context or subject matter otherwise requires, the following terms shall have the meanings indicated:
FUEL OIL
Any liquid used as fuel and having a flash point of not less than 110º F. For the purpose of making a test of such fuel oil, the Pensky Martens closed-cup tester shall be authoritative. The test shall be made in accordance with the methods of the test adopted by the American Society for Testing and Materials.
OIL BURNER
Any device designed and arranged for the purpose of burning oil or preparing to burn fuel oil, as defined in this section, and having a tank or container with a capacity for more than 20 gallons connected thereto.
OIL-BURNING EQUIPMENT
Consists of all equipment connected to an oil-heating burner and located within the building, including internal and external supply or storage tanks, and provisions for filling and venting, piping, wiring and all accessories. Approved equipment shall mean equipment listed as approved by the Underwriters' Laboratories, Inc.
It shall be unlawful for any person, firm or corporation or his, her or its agents to install any oil burner or oil-burning equipment within this village unless such oil burner or oil-burning equipment has been duly approved by the New York Board of Fire Underwriters and such approval set forth in the manual issued by the New York Board of Fire Underwriters or a certificate is duly filed with the Village Clerk issued by the New York Board of Fire Underwriters certifying to its approval of such oil burner or oil-burning equipment prior to the installation of such oil burner or oil-burning equipment.
A. 
Authority. The installation, alteration and repair of oil burners and oil-burning equipment and the licensing authority of individuals, firms and corporations to install, alter and repair such oil burners and oil-burning equipment shall at all times be under the jurisdiction and control of the Board of Public Safety and the Oil Burner Inspector.
B. 
Licensing; rules and regulations.
(1) 
The Board of Public Safety shall have sole jurisdiction, subject to review by the Board of Trustees, of the licensing of all individuals, firms and corporations who or which may engage in or undertake to install, alter or repair all oil burners or oil-burning equipment in the Village of Williston Park and shall further hear all appeals from decisions and actions on the part of the Oil Burner Inspector as hereinafter provided.
(2) 
The Board of Public Safety may adopt and have published such rules and regulations as in its discretion it may deem necessary for the proper regulation of the installation, alteration or repair of oil burners and oil-burning equipment and for the enforcement of its powers and the powers of the Oil Burner Inspector, such rules and regulations being at all times, however, subject to repeal, revision and modification by the Board of Trustees upon seven days' notice by said Board of Trustees to such Board of Public Safety of its intention to hold a hearing on such proposed repeal, modification or change.
C. 
Oil Burner Inspector.
(1) 
The Oil Burner Inspector shall be appointed by the Mayor with the approval of the Board of Trustees and shall serve at their pleasure.
(2) 
The Oil Burner Inspector shall issue all permits and other certificates required in connection with the installation, alteration and repair of oil burners and oil-burning equipment and shall file weekly reports with the Board of Trustees and the Board of Public Safety of all permits, certificates and other authorizations that he or she may issue during said week.
(3) 
The Oil Burner Inspector shall further regularly inspect all oil burners and oil-burning equipment to be installed in the process of installation and after installation and shall have full authority to go upon the premises or other property where oil burners or oil-burning equipment may be in the process of installation, alteration and/or repair and shall further inspect the premises where any fires may have resulted from a faulty or negligent installation, alteration or repair of oil burners or oil-burning equipment and may likewise, upon securing permission or by a warrant, inspect oil burners or oil-burning equipment heretofore installed for the purpose of ascertaining whether or not such oil burners or oil-burning equipment constitutes an undue fire hazard and a menace to the public safety of the people within the village.
No person, company or corporation shall make any new oil burner installation or replace any existing oil burner or alter any part of present oil-burning equipment as defined in § 146-4 of this chapter within the Village of Williston Park unless he, she or it has a license or a valid registration card issued by the Board of Public Safety or unless he, she or it works under the direct supervision and while in the employ of a person, company or corporation who or which does hold a license and valid registration card issued by the Board of Public Safety.
A. 
Application for examination.
(1) 
Persons applying for an examination for a license to engage in the business of oil-burning equipment shall, before being examined, file with the Board of Public Safety an application on such forms as may be prescribed by the Board of Public Safety and shall furnish to such Board such information as it may require concerning the applicant's fitness and qualifications to receive a license. All applications must be under oath.
(2) 
All applications will expire and be canceled after a period of 90 days if the applicant does not appear for examination within that time.
(3) 
Wherever an applicant for a license to install, alter or repair oil burners or oil-burning equipment within the Village of Williston Park shall have been duly licensed by one of the towns or villages within the County of Nassau having an oil burner ordinance or local law conforming substantially to the terms and provisions of this chapter and such oil burner ordinance or local law of such other municipality shall extend to individuals, firms or corporations within the Village of Williston Park duly licensed under the terms of this chapter reciprocal courtesies and will issue to such individual, firm or corporation an oil burner license without the necessity for examination, then and in that event such individual, firm or corporation who or which shall have been duly licensed by such other town or village shall be issued a license hereunder upon the payment of the fee required, and the examination as herein provided shall be waived.
B. 
Experience. No person shall be examined unless he or she shall have had experience of at least one year as a mechanic installing oil-burning equipment and is able to furnish satisfactory proof of such fact.
C. 
Conduct of examinations.
(1) 
An examination shall be arranged within a month after receipt of an application by the Board of Public Safety which shall be in two parts: a written test and a plan test. The written test shall consist of questions to determine the applicant's fitness and qualifications to engage in the business of installing new or replacing old oil-burning equipment. The plan test shall determine the applicant's ability to properly install oil-burning equipment and to show all fire hazards.
(2) 
All examinations shall be written by the applicant and shall be written in English.
(3) 
The time and place of holding examinations shall be decided by the Board of Public Safety. At least seven days' notice shall be given to all applicants.
(4) 
Persons who pass the examinations as prescribed by the Board of Public Safety shall be eligible to receive a license.
(5) 
An applicant who fails in the examination shall not be eligible for re-examination until the expiration of six months.
D. 
Fitness of applicant. Before the issuance of a license, the Board of Public Safety shall inquire into the applicant's fitness and qualifications to conduct such business and may require the applicant to submit under oath such evidence in addition to the examination as will satisfy the Board of Public Safety that he or she is a person of good repute, character and responsibility and is otherwise qualified to engage in the business of installing oil-burning equipment.
E. 
Examination fees. Each applicant for examination shall pay the sum of $10 before his or her application can be filed with the Board of Public Safety. Where an applicant has failed the examination, the applicant shall pay a sum fixed by the Board of Public Safety not exceeding $10 for re-examination.
A. 
Issuance of license; fee. Upon certification by the Board of Public Safety that the applicant has met all the requirements of this chapter to entitle the applicant to a license hereunder and payment of the registration fee as hereinafter provided, the licensing officer shall issue a license to such applicant.
B. 
Registration. Every person, firm or corporation carrying on the trade, business or calling of installing or altering oil-burning equipment in the Village of Williston Park shall annually register his, her or its name and address at the office of the Village Clerk under such rules and regulations as the Board of Public Safety may prescribe, in addition to the following requirements:
(1) 
All licensed and registered persons shall register in the month of January of each year. All registration cards will expire on December 31 in the year they are issued and may be renewed 30 days before expiration. Renewals will date from January 1 in each year.
(2) 
The fee for registration shall be as provided in Chapter 93, Fees, of this Municipal Code.
[Amended 1-13-1986 by L.L. No. 2-1986]
(3) 
Any person, firm or corporation holding a license and not registered in the month of January shall be required to make a new application, be re-examined and pay the sum of $10 for such examination and the registration fee.
C. 
Duplicate license. In case a license is lost by the holder, the licensing officer may issue a duplicate of the original license marked "duplicate" with a new number assigned. The original license will be canceled, and where such original license was issued during the terms of office of all the members comprising the Oil Burner Board who issued the original, a duplicate license will be granted for which the fee shall be $5. When request for a duplicate is refused, the Board shall issue a license of record stating that the records of the Oil Burner Board show that a license was issued to a specific person, for which license of record the fee shall be $2.
D. 
Application for a permit to install or alter oil-burning equipment. Before the installation of any oil-burning equipment or the replacement of or alteration to any existing equipment is commenced, the applicant shall submit to the Village Clerk a detailed statement on approved blanks, such statement to constitute an application for a permit, which shall contain the name of the owner of the building in which the equipment is to be installed, the address of the owner and the location of the building to be so improved, a description of the oil-burning equipment, the location and size of all fuel tanks, the approximate cost of such work and such other information in regard to the proposed work as the Oil Burner Inspector may require.
E. 
Installation permit. It shall be unlawful to install any oil-burning equipment or alter or replace any existing equipment or to commence any work in connection therewith until the application for a permit as required by this section shall have been approved by the Oil Burner Inspector and a written permit issued for such installation or alteration. It is understood that this permit is issued for the installation of firing equipment only and does not carry permission to make any plumbing changes whatever. If hot water connections or storage tanks of any kind or any other plumbing is required in connection with such work, it will be necessary to employ a plumber who is duly licensed and registered in the Village of Williston Park.
F. 
Forms. Application blanks for permits to install oil burners, tanks or their equipment may be secured at the office of the Village Clerk.
G. 
Fees. Fees for oil burner permits and inspections shall be paid before a permit is issued as set forth in Chapter 93, Fees, of this Municipal Code.
H. 
Deposit. A deposit of $5 shall be made with each application for a permit for each oil burner, this deposit to be refunded when the certificate of compliance has been issued.
I. 
Repair or service. Repair or service to oil burners or oil-burning equipment may be made without a permit but can only be done by a duly licensed and registered person or a person employed by a company or corporation which is licensed by the Village of Williston Park. Such repairs shall not be constituted to include addition to or alteration of or replacement or relocation of any installed equipment.
A. 
Galvanized iron or steel required. Tanks shall be constructed of galvanized iron or steel of a minimum gauge (United States standard), depending on capacity as given below:
Gallons
Gauge
20 to 1,100
10 when available, but not less than 12
1,101 to 4,000
7
4,001 to 12,000
1/4 inch
B. 
Capacity allowance. For tanks of 1,100 gallons or more, a tolerance of 10% in capacity may be allowed.
C. 
General specifications. All joints shall be riveted and caulked, brazed, welded or made tight by some equally satisfactory process. Tanks shall be made tight and sufficiently strong to bear without injury the most severe strains to which they may be subjected. Shells of tanks shall be properly reinforced where connections are made. All connections shall be made through the top of the tank above the liquid level, except in tanks having a capacity of 275 gallons and less, where one connection may be made not larger than a one-inch opening, iron pipe size, in the bottom of the tank. Unenclosed inside storage or gravity tanks of a capacity of 275 gallons and less shall be provided with an additional one-inch opening in the bottom of the tank for an approved kep stem gate valve to aid in cleaning the tank.
D. 
Underground tanks. Underground tanks shall be thoroughly coated on the outside with asphaltum or other suitable rust-resisting material dependent upon the condition of the soil in which they are placed.
E. 
Aboveground tanks. Inside and aboveground tanks shall be coated with a good quality rust-resisting paint.
A. 
Location of tanks.
(1) 
Inside storage, gravity and auxiliary pressure tanks not enclosed in masonry or concrete shall be provided with securely attached, substantial, incombustible supports and shall be securely bolted to a cement floor or otherwise secured to avoid strains on piping and shall not be located within 10 feet, measured horizontally, from any fire or source of flame.
(2) 
Tanks having a capacity of not more than 275 gallons each may be located in the cellar or basement above floor level. No more than two such tanks shall be installed in connection with any one oil burner.
(3) 
Storage tanks of an individual capacity over 275 gallons shall be placed in an enclosure of inside dimensions six inches or greater on all sides than the outside dimensions of the tank. The walls of the enclosure shall be constructed of concrete not less than six inches in thickness or of masonry not less than eight inches in thickness. The walls shall be bonded to the floor and carried to a height not less than one foot above the top of the tank and the spaces between the tank and the walls filled with sand or well-tamped earth to fill the enclosure to the top of the walls.
(4) 
Storage tanks having a capacity greater than 275 gallons may be placed in the cellar or basement of any building below the level of the floor, provided that they are so placed that the top of the tank is not less than 12 inches below the level of the floor and are covered with sand or well-tamped earth to floor level.
(5) 
Tanks located outside the building under ground shall be so placed that the top of the tank is not less than two feet below the surface of the ground, except that in lieu of the two-foot cover the tank may be buried under six inches of earth and a cover of concrete at least six inches in thickness. Reinforcement shall extend 12 inches beyond the sides and ends of the tank.
(6) 
No outside tank shall be placed nearer than two feet to any gas, water or sewer service lines. Before any outside tank work is started, the location of the tank must be approved by the Plumbing Inspector so as not to interfere with any future sewer service that may run from a sewer lateral.
(7) 
Before any outside tank is covered, the Oil Burner Inspector shall be notified and his or her approval obtained.
(8) 
Where tanks are located so that the top of the tank is above the level of the suction valve in the pump supplying oil to the burner or the burner assembly, an approved type of oil valve must be placed just inside the cellar wall, and where a return line is run back from the burner, a check valve must be placed just inside cellar wall, and on every oil burner installation an approved, fusible link valve must be placed as near as possible but not more than one foot from the burner. For types of approved valves, see Subsection G(1) of this section.
(9) 
Tanks of a capacity of 275 gallons and less may be used to supply oil to the burner by gravity, provided that there is a suitable automatic safeguard to prevent abnormal discharge of oil at the burner. When more than one storage tank is installed, such tanks shall be connected with the main feed pipe leading to the burner through a manually operated three-way valve so that not more than one tank can in any way discharge contents at one time.
(10) 
Tanks of a capacity of 60 gallons and less may be under pressure, provided they shall be designed for six times the maximum working pressure. Working pressure shall not exceed 50 pounds per square inch and shall be proved tight at twice the maximum working pressure. Pressure tanks shall be provided with a reliable pressure gauge and an automatic relief valve piped to a discharge by gravity to the storage tank.
(11) 
No tank may be installed under a sidewalk or roadway unless a permit has been granted by the Board of Trustees.
B. 
Venting tanks.
(1) 
All tanks shall have a separate vent pipe of ample size to prevent abnormal pressure in case of fire or when filling. Under no circumstances shall vent pipes be less than 1 1/4 inches on tanks of less than 1,500 gallons' capacity nor less than two inches on tanks of more than 1,500 gallons' capacity.
(2) 
The lower end of the vent pipe shall not extend into the top of the tank for more than one inch.
(3) 
The vent pipe shall extend from the tank to the outside air, terminating at a point outside of the building at least three feet above the top of the fill pipe and as remote as practicable from any window or building opening. Outside ends of vent pipes shall be provided with a return bend or weatherproof hood.
C. 
Fill pipes. All filling pipes shall terminate outside of a building and shall be provided with a metal cover or cap which may be closed tightly when not in use.
D. 
Tank gauges.
(1) 
No oil tank used in connection with oil-heating equipment shall be equipped with a glass gauge or any gauge the breaking of which will permit oil to escape from the tank.
(2) 
Test wells shall not be located within buildings. Test wells located outside of buildings shall be capped oil tight.
E. 
Piping.
(1) 
Standard full weight heavy-duty steel or heavy-duty copper tubing with substantial fittings of standard steel or copper tubing fittings shall be used and shall be carefully protected against mechanical injury. In all piping systems, a proper allowance shall be made for expansion, contraction, jarring and vibration.
(2) 
All threaded joints shall be tight and shall be made up with litharge and glycerine or equivalent pipe joint compound.
(3) 
All piping shall be secured rigidly and protected from injury in a manner which is consistent with good practice.
F. 
Pumps.
(1) 
All auxiliary pumps used for pumping oil from storage tank to auxiliary tanks shall be approved type. They shall be rigidly mounted.
(2) 
Automatic pumps not an integral part of the oil-heating burner shall be approved type and provided with automatic means to prevent a continuous discharge of oil in case of pipe breaking. They shall be rigidly mounted.
G. 
Valves.
(1) 
Valves shall be installed to close against the supply and shall be designed to prevent the withdrawal of the stem by continued operation of the hand wheel.
(2) 
Where the design of the valve requires the use of a stuffing box, the stuffing box shall be of liberal size, containing supped gland designed to compress the packing against the stem and arranged so as to facilitate removal. The use of packing affected by oil or heat is prohibited.
H. 
Supervision. All work done in the installation, alteration or repair of water or steam pipes shall be performed by or under the direct supervision of a plumber duly licensed by the Village of Williston Park.
A. 
Fire retarding.
(1) 
Wherever a new installation or replacement of any oil burner, stoker or other forced-draft heating device is made and the ceiling over the heating equipment is not plastered or cemented it shall be fire retarded.
(2) 
Fire retarding shall be made of wire lath and plaster or cement not less than 1/2 inch in thickness, or any suitable sheet rock or fireproof board approved by the Oil Burner Inspector, and shall be securely nailed to the beams.
(3) 
Fire retarding shall extend from the chimney to a point not less than three feet forward of the burner unit and shall extend not less than three feet on all sides of the boiler or furnace.
B. 
Oil burner controls.
(1) 
All oil burners subject to automatic ignition must be provided with a permanent automatic device so designed that oil, upon being turned into the combustion chamber, will immediately become ignited or the ignition shut off.
(2) 
All oil burners shall be equipped with a device, mechanical or electric, which will automatically prevent an abnormal flow of oil.
(3) 
All oil burners used in connection with hot water, steam or warm air heating systems shall be equipped with an automatic device to reduce or extinguish the fire in the event of undue pressure or overheating within the boiler or furnace.
(4) 
Oil burners installed in cellars or basements shall have an electric burner control switch which shall be placed at the head of the stairs leading to the cellar or basement in which the oil burner is installed. Oil burners installed within an enclosed room shall have an electric burner control switch placed outside of the enclosure alongside of the door. Electric burner control switches shall have labeled covers reading "Oil Burner Emergency Switch," and such covers shall be three inches or more in length, colored in red and placed so as to be out of reach of small children.
(5) 
Oil burners used in connection with steam heating systems shall be equipped with an approved automatic low water cutoff.
C. 
Electrical inspection and certificate. All electrical installations used in connection with oil burners or oil-burning equipment shall be installed in accordance with the rules of the New York Board of Fire Underwriters and inspected by its inspector. The electrical certificate issued by said Board must be presented at the office of the Village Clerk for verification by the Oil Burner Inspector. The electrical certificate will be returned when the applicant receives the certificate of compliance.
D. 
Chimney. No oil burner shall be installed in any boiler or furnace unless the boiler or furnace is connected with a chimney having sufficient draft at all times to ensure the safe operation of the oil burner.
E. 
Hot water controls. No indirect heater or direct heater connected so as to heat water with oil burners in conjunction with hot water tanks for domestic use shall be installed unless an approved relief valve has been installed and inspected.
A. 
Boiler and furnace rooms. All boiler or furnace rooms shall be provided with adequate ventilation to assure continuous, complete combustion.
B. 
Manufacturing plants. This chapter shall not apply in the case of manufacturing plants except for heating buildings or generating steam for power.
C. 
Enforcement. It shall be the duty of the Oil Burner Inspector of the Village of Williston Park to enforce the rules in a manner that is consistent with safety and good practice as determined by the Underwriters' Laboratories, Inc.
D. 
Manufacturer's rules and instructions. A printed copy of the rules and the instructions of the manufacturer of any installed oil burner shall be kept conspicuously posted near the oil burning installation.
A. 
Notification. For the purpose of the final inspection, the Oil Burner Inspector shall be notified promptly upon the completion of any oil burner installation.
B. 
Certificate of compliance. Upon completion of any oil-burning equipment installation or alteration of any existing systems, a certificate of compliance shall be issued by the Oil Burner Inspector certifying that such work conforms substantially to the approved application and specifications and the requirements of this chapter. No oil-burning equipment shall be operated, except for testing purposes, until such certificate of compliance shall have been issued.
C. 
Violation to operate burner without certificate of compliance. The certificate of compliance required by this chapter shall not be issued until all requirements of this chapter have been complied with. It is a violation of this chapter to operate an oil burner, except for test purposes, until such certificate shall have been issued.
D. 
Certificate of compliance required before certificate of occupancy can be issued. The Building Inspector shall not issue a certificate of occupancy until a properly filled out and signed certificate of compliance has been exhibited to the Building Inspector.
A. 
Enforcement officer. It shall be the duty of the Oil Burner Inspector to enforce strictly all the provisions of this chapter.
B. 
Revocation of permit. The Oil Burner Inspector may revoke any permit or approval issued under the provisions of this chapter in the event of any false statement or any misrepresentation as to material facts in the application on which the approval of the permit was based.
C. 
Notices of violation. All notices of violation of any of the provisions of this chapter and all notices that any existing oil-burning equipment is deemed to be unsafe or dangerous shall be issued by the Oil Burner Inspector and shall have his or her name affixed thereto.
D. 
Service of notice. All such notices may be served by delivering to and leaving a copy of the same with any person violating the provisions of this chapter or who may be liable thereunder. If the person to whom such notice or order is addressed cannot be found within the village after a diligent search shall have been made, said notice may be served by depositing a copy thereof in the United States Mail addressed to the person at his or her last known address.
E. 
Review. Any person, firm or corporation deeming himself, herself or itself aggrieved by any ruling, decision or order of the Oil Burner Inspector or the Board of Public Safety made under this chapter may apply, in writing, to the Board of Trustees at any meeting thereof for a review of such ruling, decision or order, and after such review the Board of Trustees may modify or revoke such ruling, decision or order and, upon good and sufficient case being shown, remit any penalty which may have been incurred.
A. 
Generally. The owner of any building, structure or part thereof or the owner of the land where any violation of this chapter shall be placed or shall exist and any architect, builder, subcontractor or other person who may be employed or who assists in the commission of any such violation and all persons who shall violate any of the provisions of this chapter or fail to comply therewith or with any requirements thereof or who shall violate or fail to comply with any detailed orders or rule made thereunder or who shall install work or material in violation of any detailed statement or specification or plan submitted and approved thereunder shall be guilty of a violation punishable as provided in Chapter 1, §§ 1-18 and 1-19 of this Code.
[Amended 10-1-1984 by L.L. No. 6-1984]
B. 
Failure to comply with notice. Any person who, having been served with a notice as in this chapter described to remove any violation or comply with any requirement of this chapter or with any order or rule made thereunder, shall fail to comply with said notice within 10 days after such service or who shall continue to violate any requirements of this chapter in the respect named in such notice within 10 days after such service or who shall continue to violate any requirements of this chapter in the respect named in such notice shall be liable to a fine of not to exceed $250.