[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.]
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:
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.
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.
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.
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.
