[HISTORY: Adopted by the Town Board of the Town of Saugerties 3-5-1970 by L.L. No. 2-1970 (Ch. 65, Art. I, of the 1975 Municipal Code). Amendments noted where applicable.]
A. 
It is the intent of the Town Board to ascertain and regulate the transportation, possession or manufacture of certain combustible solids which affect the health and well-being of the residents of the Town.
B. 
This chapter shall apply to materials which are highly flammable, referring to any material which is very easily ignited and burns with unusual rapidity, or which by their presence create or augment a fire or explosion hazard, or which because of their toxicity, flammability or liability to explosion render firefighting abnormally dangerous or difficult.
As used in this chapter, unless otherwise expressly stated or unless the context or subject matter otherwise requires, the following terms shall have the respective meanings hereinafter set forth or indicated:
CHIEF AND BUILDING INSPECTOR
The Chief of the District Fire Department or his authorized representative and the Town of Saugerties Building Inspector are hereby designated as "the authority having jurisdiction," wherever that expression appears in the chapter.
COMBUSTIBLE SOLIDS
Combustible is used referring to a material which can burn. Combustible, being a relative term, many materials which burn under one set of conditions will not burn under others, e.g., structural steel is noncombustible, but fine steel wool is combustible. The term "combustible" is not related to any specific ignition temperature. The term "combustible solids" in this chapter shall mean and include the handling and storage of timber, combustible fibers, except baled hay used on a farm for feeding of cattle or livestock, magnesium, titanium, zirconium and pyroxyline plastic.
CORROSIVE LIQUIDS
Includes 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 are liable to cause fire when in contact with organic matter or with certain chemicals.
EXPLOSIVE DUST
Dust which, if mixed with air in the proper proportions, becomes explosive and may be ignited by a flame or spark. The term "explosive dust" shall apply to any grain elevators, flour, starch or feed mill, or plant pulverizing aluminum, coal, cocoa, magnesium, spices, sugar or other material producing dust.
FLAMMABLE SOLID
Includes a solid substance, other than one classified as an explosive, which is liable to cause fires through friction, through absorption of moisture, through spontaneous chemical changes or as a result of retained heat from manufacturing or processing.
HAZARDOUS CHEMICALS
Such materials as corrosive liquids, oxidizing materials, radioactive material, flammable solids, potentially explosive chemicals, highly toxic materials, and poisonous gases.
HIGHLY TOXIC MATERIALS
Materials so toxic to man as to afford an unusual hazard to life and health during fire-fighting operations. Examples are parathion, malathion, TEPP (tetraethylphosphate), HETP (hexaethyl tetraphosphate), and similar insecticides and pesticides.
JURISDICTION
Whenever used in this chapter, shall mean the Town of Saugerties, Ulster County, New York, excluding the area inside the village therein.[1]
OXIDIZING MATERIALS
Includes substances such as chlorates, permanganates, peroxides or nitrates, that yield oxygen readily to stimulate combustion.
PERMIT
The written authority of the Chief and the Building Inspector issued pursuant to this chapter to store, have or keep explosive dusts, hazardous chemicals or combustible solids in such quantity as to cause a hazard to life and property.
POISONOUS GAS
Includes any noxious gas of such nature that a small amount of the gas when mixed with air is dangerous to life. Examples are chloropicrin, cyanogen, hydrogen cyanide, nitrogen peroxide, and phosgene.
POTENTIALLY EXPLOSIVE CHEMICAL
Includes any chemical substance, other than one classified as an explosive, which can be exploded by heat or shock when it is unconfined and unmixed with air or other materials.
RADIOACTIVE MATERIAL
Includes any material or combination of material that spontaneously emits ionizing radiation.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
This chapter shall apply to all persons, firms, corporations, copartnerships, governmental agencies except federal, and associations storing, having or keeping said explosive dusts, hazardous chemicals or combustible solids and to the owner or lessee of any building or premises in or on which these hazards are stored or kept.
No permit shall be issued until approval has been given for the proposed storage location with respect to nearness to places of public assembly, schools, hospitals and churches and adequacy of water supply for fire control. This shall be governed by the recommendations of the national fire codes of the National Fire Protection Association or the New York State Building Construction Code/Fire Code or federal codes, whichever code will give the most protection of life and adjoining property. No permit shall be issued for storage in any area zoned residential or other congested districts if the amount to be stored exceeds the limits as prescribed in any other provision of this Municipal Code.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
The Chief and the Building Inspector may issue a permit for the continued use of an existing warehouse, storage facility, handling equipment, building and structure for the storage of these materials which is not in strict compliance with this chapter in cases in which continued use will not constitute a distinct hazard to life or adjoining property. In cases where such permit is denied, the Chief and Building Inspector shall notify the applicant and specify the reasons for denial in writing.
A permit issued pursuant to this chapter shall be obtained from the Town Clerk and signed by both the Town Building Inspector and the fire chief of the particular fire district where such material is to be stored.
Application for a permit to use or operate facilities for the storage, having or keeping of explosive dusts, hazardous chemicals or combustible solids shall be made in writing to the Fire Chief and Town Building Inspector. They shall then cause to be made an inspection of the premises and equipment proposed to be used. If they are found to be in compliance with this chapter, a statement to that effect shall be noted on the application and the application signed by the persons making the inspection.
The Fire Chief or Building Inspector may at any reasonable time inspect premises, buildings, installations or equipment for the storage and handling of these materials. If a violation of this chapter is found to exist, he shall file with the owner, occupant or operator a notice citing the violation and ordering its correction. If such an order is not complied with within the time specified by the Fire Chief or Building Inspector, he or she may suspend the permit issued for such facility.
When the enforcement of the provisions of this chapter would entail practical difficulties or unnecessary hardship, or where the circumstances of the case do not require its strict application, the applicant for such a permit may appeal from the decision of the Fire Chief and Building Inspector to the Town Board for a certificate of variance from this chapter.
An owner, lessee, agent, operator or occupant aggrieved by any order issued pursuant to this chapter may file an appeal to the Town Board within 10 days from the service of such an order, and the Town Board shall fix a time and place not less than five days nor more than 10 days thereafter when and where such appeal may be heard by it. Such appeal shall stay the execution of such order until it has been heard and reviewed, vacated or confirmed. The Town Board shall at such hearing, affirm, modify, revoke or vacate such order. Unless revoked or vacated, such order shall then be complied with. Nothing therein contained shall be deemed to deny the right of any person, firm, corporation copartnership, or voluntary association to appeal from an order or decision of the Town Board to a court of competent jurisdiction.
The provisions of this chapter shall not apply to a person operating a farm owned by him and located in the Town of Saugerties and whose principal earned income comes from such farm.
This chapter shall not be construed to hold the Town responsible for any damage to persons or property by reason of the inspection or reinspection authorized herein or failure to inspect or reinspect the permit issued as herein provided or by reason of the approval or disapproval of any equipment authorized herein.
Any person who shall violate any of the provisions of this chapter or fail to comply therewith, or who shall violate or fail to comply with any order made thereunder, or who shall build in violation of any detailed statement of specifications or plans submitted and approved thereunder or any certificate or permit issued hereunder, and from which no appeal has been taken, or who shall fail to comply with such an order as affirmed or modified by the Town Board or by a court of competent jurisdiction within the time fixed herein, shall severally, for each and every violation and noncompliance respectively, be guilty of an offense, punishable by a fine of not less than $100 or by imprisonment for not less than 30 days nor more than 60 days, or by both such fine and imprisonment. The imposition of one penalty for any violation shall not excuse the violation or permit it to continue, and all such persons shall be required to correct or remedy such violations or defects within a reasonable time, and when not otherwise specified, each 10 days that prohibited conditions are maintained shall constitute a separate offense.