This chapter shall be applicable to all territory within the
Town of Hempstead outside of incorporated villages.
This chapter shall apply to all new plants, stores, equipment
and installations and, except as otherwise specified, to existing
plants, stores, equipment and installations which may constitute a
distinct hazard to adjoining property insofar as the intent of the
sections can be reasonably fulfilled. All persons and businesses storing,
handling or using flammable and combustible liquids shall be governed
by this chapter whether or not specifically named in this chapter.
A.
Classification of flammable liquids. "Flammable liquid" shall mean
a liquid having a flash point below 100° F. [37.8° C.] and
having a vapor pressure not exceeding 40 pounds per square inch (absolute)
at 100° F. [37.8° C.] and shall be known as a "Class I liquid."
Class I liquids shall be subdivided as follows:
(1)
Class IA shall include those having flash points below 73° F.
[22.8° C.] and having a boiling point below 100° F. [37.8°
C.].
(2)
Class IB shall include those having flash points below 73° F.
[22.8° C.] and having a boiling point at or above 100° F.
[37.8° C.].
(3)
Class IC shall include those having flash points at or above 73°
F. [22.8° C.] and below 100° F. [37.8° C.].
B.
Classification of combustible liquids. "Combustible liquid" shall
mean a liquid having a flash point at or above 100° F. [37.8°
C.]. Combustible liquids shall be subdivided as follows:
(1)
Class II liquids shall include those having flash points at or above
100° F. [37.8° C.] and below 140° F. [60° C.].
(2)
Class IIIA liquids shall include those having flash points at or
above 140° F. [60° C.] and below 200° F. [93.4° C.]
(3)
Class IIIB liquids shall include those having flash points at or
above 200° F. [93.4° C.].
C.
Representative examples of classes of flammable and combustible liquids.
(1)
Flammable liquids:
|
Class IA
|
Class IB
|
Class IC
|
|---|---|---|
|
Acetaldehyde
|
Gasoline
|
Ethyl mercaptan
|
|
(Ethanol)
|
Divinyl ether
|
Butyl Peroxy-pivalate
|
|
Ethylamine
|
Ethoxyactylene
| |
|
Butyne
|
Ethyl alcohol
| |
|
Ethylene oxide
|
Ethyl formate
| |
|
Chloropropylene
|
(2)
Combustible liquids:
|
Class II
|
Class IIIA
|
Class IIIB
|
|---|---|---|
|
Diesel fuel
|
Triamyl borate
|
Fish oil
|
|
Diethyl benzene
|
Isophorone
|
Octylene glycol
|
|
Amyl formate
|
Hexyl ether
|
Propylene glycol
|
|
Butyl acetate
|
Dipropylene glycol
|
Tetradecene
|
|
Hydrazine
|
No. 6 fuel oil
| |
|
Propyl butyrate
|
A.
No plant, tank, container or building of an kind or description for
the storage of any flammable or combustible liquids shall be erected,
installed or maintained without:
B.
Only after a special exception has been granted by and a storage
permit has been obtained from the Town Board may an application be
filed for a construction permit from the Department of Buildings.
A.
No storage permit for the storage of flammable and combustible liquids
shall be granted unless a written application, duly verified, shall
be presented to the Town Board, accompanied by an application fee
of $250 and by a map and installation plans on which shall appear:
(1)
The size, location and topographical contour of the property for
which the storage permit is requested.
(2)
The ownership and use of the adjoining properties within 300 feet
of the applicant's property, together with the location of any building
thereon or, if any proposed tank is to have a capacity of more than
1,000,000 gallons, then the ownership and use of the adjoining properties
within 1,000 feet of applicant's property.
(3)
The location, type, size and capacity of existing tanks and the material
stored therein.
(4)
The location, type, size and capacity of all proposed tanks and the
material proposed to be stored therein.
(5)
The location, material and size of all existing or proposed dikes,
when required.
(6)
The location, size and use of all existing buildings on property
involved.
(7)
The location, size and use of proposed buildings.
(8)
The location of existing or proposed loading racks.
(9)
Description and location of fire extinguishers and/or fire-extinguishing
system to be installed.
B.
If the Town Board shall find from such application, map and plans
that the proposed storage installation conforms to the provisions
of this chapter, it may adopt a resolution directing the Town Clerk
to issue a permit therefor.
There shall be a permit fee of $25 for each tank containing
10,000 gallons or less. For tanks having capacities in excess of 10,000
gallons, the fee shall be at the rate of $15 for the first 50,000
gallons and $5 for each additional 10,000 gallons or portion thereof.
The permit fee shall accompany each application.
[Amended 12-1-1998 by L.L. No. 51-1998, effective 12-7-1998]
No permit for a storage plant shall be issued for any building
or enclosure:
A.
Which is occupied as a tenement house, hotel or lodging house.
B.
Where paints, varnishes or lacquers are manufactured or kept for
sale.
C.
Where dry goods or other highly flammable materials are manufactured
or kept for sale.
D.
Where resin, hemp or cotton or any explosives are stored or kept
for sale.
All tanks, as to thickness and quality of material, dike wall
enclosures, foundations, drainage, support, anchorage, piping, valves
and other related devices or equipment, comprising or forming part
of a bulk storage plant shall be constructed according to plans and
specifications approved by the Nassau County Fire Marshal, the Commissioner
of the Department of Buildings and the Town Engineer of the Town of
Hempstead, after giving due consideration to the specifications of
the American Petroleum Institute and the National Fire Protection
Association. Such plans and specifications showing the entire installation
shall be filed with the application for the storage permit. Such installation
shall be constructed in accordance with such plans and specifications,
provided that it conforms to the provisions of this chapter and is
approved as aforesaid.
No tank or other container for the storage of flammable or combustible
liquids shall, after the construction thereof, be put into use until
an inspection shall have been made by a Building Inspector and the
conditions of such construction have been complied with.
If any storage permit authorized, approved or granted by the
Town Board pursuant to this chapter shall not have been secured from
the office of the Town Clerk within 90 days of the date of the Town
Board resolution authorizing such permit, the project shall be considered
as abandoned, and the authorization for the storage permit shall become
null and void.
Any storage permit issued by the Town Board pursuant to this
chapter is issued upon the condition that construction shall start
within 90 days of the date of such permit and shall be completed within
12 months of the date of such permit, unless otherwise specifically
authorized by the Town Board. Any storage permit so issued shall be
subject to revocation unless this provision is complied with.
A.
The container for flammable and combustible liquids shall be built
in accordance with recognized standards of design. Storage tanks built
in accordance with Underwriters' Laboratories, Inc., or American Petroleum
Institute standards applicable to the particular container shall be
considered to meet this requirement.
(1)
Flammable or combustible liquid containers installed inside buildings
shall not exceed 550 gallons.
(2)
Storage of flammable and combustible liquids shall be in accordance
with the National Fire Protection Association Flammable and Combustible
Liquid Code (NFPA No. 30, 1976 Edition, and all future addendas).
B.
No tank, drum or other container for which a permit has been issued,
if it is located inside a building or discharges inside a building,
shall be provided with a faucet or other bottom-drawing device which
will permit gravity flow.
