The provisions of this article shall apply to all uses of liquefied petroleum gas and the installation of all apparatus, piping and equipment pertinent to systems for such uses.
A. 
Plans.
(1) 
The plans for all new fixed LPG installations must be submitted to the Fire Prevention Division for approval prior to installation. The plan shall be a site plan showing locations of buildings and property lines and all pertinent dimensions, including the proposed locations of containers, vaporizers and equipment with the capacities and descriptions thereof, submitted in duplicate. The acceptance of plans for installation does not relieve the applicant from meeting the requirements of any other law, rule, ordinance or regulation of any other authority having jurisdiction.
[Amended 3-14-2000 by L.L. No. 4-2000; 1-11-2005 by L.L. No. 1-2005]
(2) 
The installation of containers or tanks shall require the issuance of a permit from the Department of Public Safety.
[Amended 3-14-2000 by L.L. No. 4-2000; 1-11-2005 by L.L. No. 1-2005]
(3) 
All underground LPG tanks and piping are to remain uncovered until the installation is inspected and approved by a Fire Marshal.
(4) 
No LPG system which requires a permit to install shall be utilized until an inspection of the same has been made by a Fire Marshal and an appropriate certificate of compliance has been issued.
B. 
Temporary heat location reports. Every installation of LPG used for temporary heat must be reported to the Fire Prevention Division at the time of installation.
[Amended 3-14-2000 by L.L. No. 4-2000]
A. 
All equipment shall be installed and maintained in conformity with the rules and regulations of this chapter and the appropriate standards of the NFPA. It shall be unlawful to install, service, handle or offer for sale, in any form, liquefied petroleum gas and related equipment that does not conform to these rules, regulations and standards.
B. 
No person, firm or corporation, except the owner or those authorized by the owner to do so, shall sell, fill, refill, deliver or permit to be delivered or used in any manner any LPG container for any gas or compound or for any purpose whatsoever. Only containers designed for LPG may be filled with liquefied petroleum gas. Filling LPG containers with any other gas or compound is prohibited.
C. 
Cylinders used for LPG shall be painted white, silver or other light-reflecting color as approved by the Fire Prevention Division. It shall be unlawful for any supplier to refill any container that has been painted any other color.
[Amended 3-14-2000 by L.L. No. 4-2000]
D. 
The gas supplier shall refuse to fill any container that does not fully conform to all provisions of this chapter or one that has been involved in a fire, burned or scorched.
E. 
The replacement of parts on containers, regulators or related equipment shall be made by qualified personnel only.
F. 
The peening of weld leaks is prohibited.
G. 
Tanks, cylinders or other storage vessels which previously contained gases other than liquefied petroleum gas, such as but not limited to Freon, acetylene or hydrogen, shall not be revalved and used for liquefied petroleum gases.
A. 
Portable vapor-withdrawal cylinders with water capacities greater than 2 1/2 pounds, which are or will be owned by the user or intended user, are not to be filled or refilled unless the cylinder has been properly tested or requalified in accordance with United States Department of Transportation regulations and has attached thereto a warning label approved by the Fire Prevention Division. A cylinder(s) shall not be released to the owner or his representative by the seller or refiller until it has been determined that the cylinder has not been filled beyond acceptable limits (42% of its water-weight capacity), is free of leaks and is safe for use or continued use.
B. 
Containers, except those used in liquid-withdrawal service up to and including 40 pounds' propane capacity, shall be checked for leaks immediately after filling. The test will be done by qualified personnel by checking each connection with a soap-water solution or by total submersion in a water-filled container. Should a leak exist, the container shall be emptied immediately and marked with paint, indelible ink or marker or other suitable means to positively identify a container that leaks. A leaking container shall not be transported from the filling site while it contains any product, either in liquefied or vapor form.
C. 
All portable Department of Transportation and Interstate Commerce Commission containers shall have the date of manufacture permanently stamped on a permanently attached collar or on the cylinder if the collar is not permanently attached and, in the case of containers more than 12 years old, shall have the date of the most recent inspection, month/year, marked on the collar or cylinder.
D. 
Every person, firm or corporation offering the filling of LPG cylinders for sale or resale shall have a certified scale on the premises to ensure that each portable cylinder containing LPG has not been filled beyond its safe capacity. Each such cylinder shall be weighed before delivery to the purchaser to ensure that the cylinder is not filled beyond acceptable limits.
E. 
Container storage restricted.
(1) 
No container of LPG, either in use or in storage, shall be permitted inside or on the roof or balcony of any occupied building or in or on any construction attached to an occupied building, except as permitted in Subsections F and G below.
(2) 
Industrial lift trucks shall comply with the provisions of the appropriate standards of the NFPA.
(3) 
The storage of containers must be outside the building, at least 25 feet from any building or structure. Storage is to be in either a noncombustible top- and bottom-vented structure or surrounded by a substantial metal fence enclosure. Such enclosure is to be adequately secured against access by unauthorized persons.
F. 
Department of Transportation specification cylinders with a maximum water capacity of 2 1/2 pounds, used with completely self-contained hand torches and similar applications, may be stored or displayed in a building frequented by the public, the quantity of which shall not exceed 200 pounds aggregate.
G. 
The temporary or emergency use of LPG equipment in occupied or unoccupied buildings shall be approved by the Fire Prevention Division prior to use. Any tank used inside any building shall be equipped with an excess-flow valve to shut off the flow of gas if a hose or other connector is severed.
[Amended 3-14-2000 by L.L. No. 4-2000]
[Amended 3-14-2000 by L.L. No. 4-2000]
A. 
Permits shall be required in locations where propane is installed, stored, sold, stored for rental or resale and/or transferred from one vessel to another. Liquefied petroleum gas (LPG) permits shall be acquired from the Fire Prevention Division.
B. 
Application for permits shall be made to the Fire Prevention Division on forms provided and shall include the applicant's answers in full to inquiries set forth on such forms. Applications for permits shall be accompanied by such data as may be required by the Division and such fees as may be required by the Town.
C. 
The Fire Prevention Division shall review all applications submitted and determine compliance with applicable provisions of the Code. If an application for a permit is rejected by the Fire Prevention Division, the applicant shall be advised of the reasons for such rejection.
D. 
A copy of permits shall be posted or otherwise readily accessible at each place of operation or carried by the permit holder, as specified by the Fire Prevention Division.
E. 
Permits shall be valid for a period of one year.
A. 
No person, firm or corporation whose motor vehicle, tank truck, tank truck semitrailer or tank truck trailer, which is based within the Town of Smithtown, shall use or cause to be used any motor vehicle, tank truck, tank truck semitrailer or tank truck trailer for the transportation of liquefied petroleum gas unless, after complying with these regulations, a permit to operate any such vehicle has first been secured from the Fire Prevention Division. No permit shall be required under this section for any motor vehicle that is used for the transportation of LPG in containers not larger than 10 gallons' water capacity each (approximately 34 pounds' propane capacity) with an aggregate water capacity of 25 gallons (approximately 87 pounds) or when used in permanently installed containers on the vehicle as motor fuel.
[Amended 3-14-2000 by L.L. No. 4-2000; 9-24-2002 by L.L. No. 4-2002]
B. 
Permits shall be issued to a vehicle for the transportation of LPG only after a full safety inspection of the vehicle by the Fire Prevention Division and the Fire Marshal approves of the issuance of the permit.
[Amended 3-14-2000 by L.L. No. 4-2000]
C. 
Permits shall be valid for a period of one year. An approved marking shall be displayed on the vehicle for which said permit is issued.
D. 
The transportation of liquefied petroleum gas cylinders, either empty or full, is prohibited in the trunk of any passenger vehicle.
E. 
Cylinders larger than 10 gallons' water capacity or an aggregate amount in excess of 25 gallons shall not be transported in cars, vans or any type of enclosed vehicle or in the enclosed area of any vehicle.
A. 
Certificate of fitness required. Except as set forth in Subsection M below, any person filling containers at locations where LPG is sold and/or transferred from one vessel into another shall hold a valid certificate of fitness issued by the Fire Prevention Division. Such certificate is subject to revocation by the Fire Prevention Division at any time where the certificate holder displays evidence of noncompliance with the provisions of this chapter.
[Amended 3-14-2000 by L.L. No. 4-2000; 9-24-2002 by L.L. No. 4-2002]
B. 
Application. All applications for a certificate of fitness shall be filed with the Fire Prevention Division on forms provided by the Fire Prevention Division and accompanied by the applicable fees.
[Amended 3-14-2000 by L.L. No. 4-2000]
C. 
Proof of qualifications. Every person applying for a certificate of fitness shall furnish satisfactory proof to the Fire Prevention Division that (s)he is familiar with the materials, formulas, tools, techniques, standards, laws, ordinances, recognized good practices, safety precautions and manufacturers' recommendations pertaining to the particular system, materials, devices or operations that (s)he will be involved with and for which the certificate of fitness is issued. (S)he shall further prove that (s)he is physically competent to perform any and all actions necessary or incidental to the operation for which the certificate of fitness is issued.
[Amended 3-14-2000 by L.L. No. 4-2000]
D. 
Investigation and examination. The Fire Prevention Division shall investigate every new applicant for a certificate of fitness. The investigation shall include a written examination regarding the use, makeup and handling of LPG, and such investigation shall also include a practical test. When the Fire Prevention Division determines that the applicant conforms to all requirements of this chapter, a certificate of fitness shall be issued by the Fire Prevention Division.
[Amended 3-14-2000 by L.L. No. 4-2000]
E. 
The certificate of fitness shall be given full force and effect for a period of three years.
F. 
Refusal of certificate of fitness. When the Fire Prevention Division determines that a candidate has failed to meet the requirements to obtain a certificate of fitness, the Division shall refuse to issue any such certificate. Any person may not apply again for the certificate of fitness within a ten-day period following the refusal of issuance.
[Amended 3-14-2000 by L.L. No. 4-2000]
G. 
Transferability. A certificate of fitness shall not be transferable.
H. 
Renewal of certificate of fitness. An application for the renewal of a certificate of fitness shall be filed in the same manner as an application for an original certificate. Each such application shall be accompanied by applicable fees. The granting of a renewal of a certificate of fitness shall be accomplished in the same manner as for an original certification, except that any person continuously engaged in any activity for which a certificate of fitness is required will not, upon renewal, undergo the investigation as outlined in Subsection D above.
I. 
Certificate of fitness issued. A certificate of fitness will be required of any person performing the following activities:
(1) 
Filling containers permanently located at consumer sites from a cargo vehicle.
(2) 
Selling LPG or transferring LPG from one vessel to another.
J. 
Change of address. Each person holding a certificate of fitness shall notify the Fire Prevention Division, in writing, of any change in his business, residential or other notification address within 10 days after such change. Failure on the part of a person to give such notification shall constitute grounds for revocation of said certificate of fitness.
[Amended 3-14-2000 by L.L. No. 4-2000]
K. 
Contents of certificate of fitness. A certificate of fitness issued by the Fire Prevention Division shall be in the form of an identification card. Said card shall contain the following information to be valid, and it will be the responsibility of the certificate holder to report a card lost, stolen or mutilated to receive a duplicate certification:
[Amended 3-14-2000 by L.L. No. 4-2000]
(1) 
The purpose for which the certificate of fitness has been issued.
(2) 
The date of certificate of fitness issuance and the date of expiration.
(3) 
Other information as may be necessary to properly identify the person to whom the certificate of fitness is issued.
(4) 
The signature of the person to whom the certificate of fitness is issued.
(5) 
Printed thereon the following: THIS CERTIFICATE DOES NOT EXCLUSIVELY RECOMMEND THE BEARER.
L. 
Requirement to display certificate of fitness. Any person to whom a certificate of fitness has been issued in conformance with this chapter shall, upon request, produce and show proper identification and the certificate of fitness to anyone for whom he seeks to render services, to any official of the Department of Public Safety or to any other law or code enforcement official.
[Amended 3-14-2000 by L.L. No. 4-2000]
M. 
A driver of a motor vehicle from which (or to which) liquefied petroleum gas is sold, filled, transferred or delivered shall not be required to hold a certificate of fitness as required under this chapter.
[Added 9-24-2002 by L.L. No. 4-2002]
[Amended 3-14-2000 by L.L. No. 4-2000]
Any incident involving LPG, including but not limited to leaks, fires, explosions or any other accidental discharge into the atmosphere in excess of 8.5 cubic feet (one pound of propane) must be reported to the Department of Public Safety and the Department of Environment and Waterways by the responsible party or his representative. The initial report may be made by telephone and followed by a written report. Under no circumstances shall a report be filed later than 24 hours after the incident, nor shall such reporting in the event of an emergency delay the reporting or notification to the local Fire Department and/or other emergency response forces.
The storage, handling, installation, use and transfer of LPG shall be in accordance with the appropriate standards of the NFPA, except that more restrictive requirements as specified in this Article shall take precedence over any NFPA requirements.
A. 
No LPG tank vehicle shall be left unattended on any street, highway, avenue or alley, provided that this shall not prevent the driver from a necessary absence from the truck in connection with the delivery of his load, except that during the actual discharge of the liquid, some responsible person shall be present at the vehicle. Nothing in this section shall prevent stops for meals, provided that the street where the vehicle is temporarily stopped is well-lit and appropriate markers be placed indicating the presence of such vehicle.
B. 
Tank vehicles as described above shall not be parked or garaged in any buildings other than those specifically approved for such use by the Fire Prevention Division.
C. 
Tank vehicles containing flammable liquids shall not be parked outdoors at any one point for longer than one hour except, off the street, and at least 25 feet from any building and/or public roadway.