As used in this article, the following terms shall have the
meanings indicated:
Any building in which one or more vehicles are stored for
hire.
It shall be unlawful for any person to store, house or keep
or cause to be stored, housed or kept for hire within the City any
vehicle except in a building, shed or enclosure for which a permit
shall have been issued by the Fire Commissioner.
A permit to keep a public garage shall be issued by the Fire
Commissioner in accordance with and subject to the provisions prescribed
by this article.
Such permit shall authorize also the keeping of volatile flammable
liquid in underground storage tanks of a capacity not in excess of
560 gallons each or in approved safety cans of not more than 10 gallons
of volatile flammable liquid in each can.
[Amended 7-18-1996 by L.L. No. 5-1996]
No permit shall be issued by the Fire Commissioner until the
premises have been inspected and approved by the Commissioner of the
Department of Housing and Buildings for public garage purposes. It
shall be the duty of the Commissioner of the Department of Housing
and Buildings to ascertain that there has been compliance with the
provisions of this Code prior to such approval.
All premises licensed pursuant to this article shall be inspected
as often as deemed advisable by the Fire Commissioner.
The permit required by § 32-2 of this article for the operation of a public garage shall be for a period of one year unless sooner revoked by the Fire Commissioner for the violation of any of the provisions of this article.
For a permit to maintain a public garage, the applicant shall
pay an annual fee of $15 for each floor in such garage upon which
vehicles are housed; except that in a garage housing one or two vehicles,
the annual fee shall be $6; in a garage housing three vehicles, the
annual fee shall be $9; and in a garage housing four or more vehicles,
the annual fee shall be $12.
Every such permit may be revoked at any time by the Fire Commissioner
for a violation of any of the provisions of this article.
The Fire Commissioner, upon denial of an application for a permit
to keep a public garage or upon revocation of such permit, shall notify,
in writing, the applicant or the permittee of the reasons relied on
for denying the application or revoking the permit.
In case of the denial by the Fire Commissioner of an application
for any such permit or of its revocation by him, the applicant therefor
or the holder of the permit which may have been so revoked may appeal
from the decision of the Commissioner to the City Council.
The appeal shall be made in writing, giving the address of and
verified by the oath of the appellant. Such appeal shall include a
copy of the application for such permit, with its date of filing in
the office of the Fire Commissioner, or a copy of the permit in case
the permit shall have been issued and revoked, and a copy of the reasons
relied on by the Fire Commissioner in denying the application or in
revoking the permit and such reasons as the appellant may care to
state as justifying the appeal.
An original copy of the appeal shall be served personally upon
the City Clerk and the Fire Commissioner.
Such service within 10 days of the date of notification of such
permittee by the Commissioner of the revocation of the permit shall
act as a stay of such revocation until the decision of the City Council
on such appeal.
No appeal shall be taken later than 30 days from the date of
the notification of such applicant or permittee by the Fire Commissioner
of the denial of the application or the revocation of the permit.
The decision of the City Council shall be entered on the minutes,
and a copy of the decision over the signature of the City Clerk shall
be mailed to the Fire Commissioner and the appellant at the address
given in the appeal. This decision shall be final. If it is in favor
of the appellant, the Fire Commissioner shall forthwith issue the
permit or withdraw the revocation and reinstate the permit revoked.
A public garage permit may be issued by the Fire Commissioner
upon a written application giving in detail the following information:
A.
The name and address of the applicant.
B.
The location of the premises.
C.
The nature of construction of the building and other purposes, if
any, for which the building is used.
D.
The maximum number of vehicles to be stored or kept in the garage.
E.
The maximum quantity of volatile flammable oil to be stored or kept
at one, time exclusive of that contained in the tanks of motor vehicles.
Each application for a permit to maintain and operate a public
garage shall be accompanied by a detailed plan of the premises if
the premises has not already been occupied for garage purposes as
herein provided for.
No application beyond the first need be made except in the case
of a change of conditions, and every license issued shall be continued
upon payment of the required fee and where an inspection discloses
that there has been compliance with the provisions of this article.
No public garage permit shall be issued for any building, shed
or structure which is situated within 100 feet of the nearest wall
of a building occupied as a church, school, hospital, theater or other
place of public amusement or assembly; which is occupied as a hotel;
which is not constructed of fire-resisting material as hereinafter
provided; where paints, varnishes or lacquers are manufactured, stored
or kept for sale; where dry goods or other highly flammable materials
are manufactured, stored or kept for sale; or where rosin, turpentine,
hemp, cotton, guncotton, gunpowder, smokeless powder or other explosives
are stored or kept for sale.
Public garages shall be of fireproof construction, except ceilings
and roofs. Trim and other interior finish shall be of wire lath and
three-fourths-inch cement or other nonflammable material equally as
good, excepting ceilings or roofs.
[Amended 7-18-1996 by L.L. No. 5-1996]
Where public garages are a part of or built in a tenement or
dwelling, such garages must have, in addition to all fireproof provisions,
as provided in this article, fireproof ceilings either of reinforced
concrete or hollow tile and concrete or other similar construction
at least eight inches in thickness in both walls and ceilings, without
openings in ceilings. The plans and specifications for the construction
of such garages must be first approved by the Fire Commissioner and
the Commissioner of the Department of Housing and Buildings before
any permit for the erection thereof shall be issued. In no event shall
the Commissioners permit a wall or ceiling of less than eight inches
thickness of a composition other than above specified.
All that portion of the building which is on or below the floor
or floors on which vehicles are kept and is not separated therefrom
by tight fire walls and floors without openings shall be protected
by self-closing fireproof doors or windows. All fire walls shall be
considered as without openings if the doors and windows therein are
protected by self-closing fireproof doors or windows. Where these
openings appear in public garage buildings and are located more than
15 feet distant from the nearest wall of any building, this requirement
shall not apply.
The floor of every public garage shall be of cement, concrete,
brick, stone, earth or other noncombustible materials.
Standard safety cans for storing volatile flammable liquid in
a public garage shall be of a capacity of 10 gallons or less and when
not in use shall be placed outside of the building at least 10 feet
from any other building or structure or wooden fence or in drip pans
in the garage.
Gasoline pumps located in a public garage shall be at least
10 feet distant from the entrance and shall be graded down to a center
and unconnected with the sewer or drainage system of the building.
The floor shall be kept free from volatile flammable liquid by sponging
or swabbing. The room shall be kept free from flammable vapors.
Movable incandescent electric lights in a public garage shall
be protected by approved metal cages and shall be fitted with keyless
sockets.
All electric plugs and switches shall be permanently located
at least four feet above the floor.
No volatile flammable liquid shall be used in a public garage
for cleaning or for any purpose whatsoever other than filling the
tanks of motor vehicles, motorcycles, motor bicycles or other wheeled
vehicles.
No volatile flammable oil shall be allowed to run upon the floor
or to fall or pass into the drainage system of a public garage.
No volatile flammable liquid shall be carried or kept in open
vessels.
Self-closing metal cans set firmly on four-inch legs shall be
kept on all floors for the purpose of holding all flammable waste
material.
Sufficient fire extinguishers shall be provided.
Smoking shall not be allowed and is absolutely prohibited in
a public garage, except in an enclosed office.
Suitable "no smoking" signs shall be conspicuously posted.
A permit may be issued for a place for the storage and sale
of automobiles subject to the same provisions as are herein required
for a public garage.
For a permit allowing the storage and sale of automobiles in
show and exhibition stores, the applicant shall pay an annual fee
of $35.
