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Town of Hempstead, NY
Nassau County
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Table of Contents
Table of Contents
Code
New Laws (14) Index
[HISTORY: Comes from L.L. No. 105-1982, adopted 10-5-1982, effective 10-12-1982.]
GENERAL REFERENCES
Housing and Rehabilitation Code — See Ch. 88.
Flammable and combustible liquids — See Ch. 132.
[1]
Editor's Note: Original § 133-0 of this chapter provided the following legislative intent: "This chapter is specifically designed to safeguard against the hazard inherent with liquefied petroleum gases when improperly used. Under this chapter, it is not intended to allow any storage volume without a permit nor to give automatic approval for any installation if, upon review of the application, a hazard is disclosed."
This chapter shall be applicable to all areas within the Town of Hempstead, except incorporated villages.
For the purpose of this chapter, the following definitions shall apply:
COMMERCIAL
Consumer site use for heating, cooling and cooking for multiple-family dwellings and those uses defined by Article XI of the Building Zone Ordinance of the Town of Hempstead, entitled, "Business Districts."
[Amended 1-5-1993 by L.L. No. 1-1993, effective 1-13-1993]
INDUSTRIAL
Consumer site use for heating, cooling or process heat and standby power for uses in Light Manufacturing, Marine or Industrial Use Districts, all as prescribed by the Building Zone Ordinance of the Town of Hempstead.
LIQUEFIED PETROLEUM GAS
Includes any material having a vapor pressure not exceeding that allowed for commercial propane composed predominantly from the following hydrocarbons, either by themselves or as mixtures: propane, propylene, butane (normal butane and isobutane) and butylene (including isomers).
RESIDENTIAL
Consumer site use for heating, cooling or cooking on the premises of a single- or two-family dwelling.
TOWN BOARD
The Town Board of the Town of Hempstead.
This chapter shall apply to all new installations and, except as otherwise specified, to existing 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 liquefied petroleum gas shall be governed by this chapter, whether or not specifically named in this chapter.
No liquefied petroleum gas installation shall be completed or maintained without:
A. 
Meeting the requirements of the 1979 Edition of NFPA Pamphlet 58 and the Nassau County Fire Marshal;
B. 
A storage permit being obtained from the Town Board as, if and when required by the criteria of § 133-9 herein; and
C. 
A construction permit being obtained from the Department of Buildings of the Town of Hempstead.
No storage permit for the storage of liquefied petroleum gas shall be granted unless a written verified application shall be presented to the Town Board, accompanied by an applicable fee and by a map and an installation plan, previously approved by the Nassau County Fire Marshal in accordance with Nassau County Ordinance No. 344-1979, subject, however, to front, rear and side yard restrictions as prescribed by the Building Zone Ordinance of the Town of Hempstead.
A. 
Permit fees for construction permits issued by the Department of Buildings of the Town of Hempstead shall be based upon the aggregate storage volume of the liquefied petroleum gas container or containers based on their water capacity, and as shown in the following schedule:
Volume
(gallons)
Fee
11 to 50
$12
51 to 120
$15
121 to 500
$20
501 to 1,000
$50
1,001 to 2,000
$75
2,001 to 30,000
$200
B. 
In addition, a certificate of plumbing approval fee of $15 will be charged for all installations.
Installations of liquefied petroleum gas at locations storing gasoline shall be in accordance with the requirements of NFPA Pamphlet 58 regarding isolation and minimum distances.
Tank sizes which qualify for exemption from Town Board approval are as follows:
A. 
Liquefied petroleum gas installations for residential use on premises of a single- or two-family dwelling shall not exceed 500 gallons' water capacity.
B. 
Liquefied petroleum gas installations for commercial premises shall not exceed 2,000 gallons' water capacity.
C. 
Liquefied petroleum gas installations for commercial premises for the retail sale and exchange of consumer propane cylinders.
[Added 1-5-1993 by L.L. No. 1-1993, effective 1-13-1993]
(1) 
Consumer propane cylinders must be stored in a lockable, heavy steel security storage cage.
(2) 
Only one such storage cage shall be permitted for each premises.
(3) 
At no time shall the contents of such storage cage exceed more than 45 filled consumer propane cylinders nor more than 212 total gallonage.
(4) 
Such storage cage shall in all respects fully conform to the requirements of Chapter 86, Building Construction Administration, of the Code of the Town of Hempstead.
(5) 
Such facility shall fully comply with all applicable regulations of the Nassau County Fire Marshal and National Fire Protection Association.
A. 
A storage permit approved by the Town Board shall be required whenever the application for an installation permit involves the following:
(1) 
Storage of 501 gallons' or more water capacity for residential use;
(2) 
Storage of 2,001 gallons' or more water capacity for commercial or industrial use;
(3) 
Any storage volume to be provided as part of a liquefied petroleum gas liquid transfer station.
B. 
A public hearing before the Town Board shall be held when the storage volume to be provided is part of a liquefied petroleum gas liquid transfer station and when the storage volume equals or exceeds 501 gallons' water capacity for residential use or 2,001 gallons' water capacity for commercial or industrial use.
A. 
All applications to the Town Board for installation permits shall be in writing and verified as a sworn statement and presented to the Town Board accompanied by a current survey, site plan and area radius map for the installation of the liquefied petroleum gas tanks, in accordance with the following:
(1) 
The size and location of the property for which the permit is requested;
(2) 
The ownership and use of adjoining properties within 300 feet of the applicant's property, together with the location of any building thereon;
(3) 
A description and location of fire extinguishers.
B. 
For a public hearing before the Town Board, the required fee shall be $350.
C. 
If the Town Board shall find from the verified application, current survey, site plan and area radius map that the proposed installation conforms to the provisions of this chapter, it shall adopt the appropriate resolution directing the Town Clerk of the Town of Hempstead to issue the appropriate permit.
D. 
After the verified application is granted by the Town Board, in addition to the construction permit fee payable to the Department of Buildings as prescribed in § 133-6 hereof, the applicant shall pay the following fees to the Town Clerk:
(1) 
An application fee of $250 to apply for a storage permit;
(2) 
A storage permit fee as prescribed in Chapter 132 of the Code of the Town of Hempstead.
A. 
Any person or persons, association or corporation committing an offense against this chapter shall be guilty of a misdemeanor, which shall be punishable by a fine of not more than $500 or by imprisonment for a period not exceeding six months for each such offense, or by both such fine and imprisonment.
B. 
Each week's continued offense against this chapter shall constitute a separate additional offense.