This article shall apply to materials not otherwise covered in this chapter which are highly flammable or which may react to cause fires or explosions 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 fire fighting abnormally dangerous or difficult, and also to flammable liquids which are chemically unstable and which may spontaneously form explosive compounds or undergo spontaneous reactions of explosive violence or with sufficient evolution of heat to be a fire hazard. Hazardous chemicals shall include such materials as flammable solids, corrosive liquids, radioactive materials, oxidizing materials, potentially explosive chemicals, highly toxic materials and poisonous gases, as defined in § 19-90. In addition, this article shall include all materials listed in both Parts 112 and 261 of Title 40 of the Code of Federal Regulations.
As used in this article, the following terms shall have the meanings indicated:
CORROSIVE
A chemical that causes visible destruction of, or irreversible alterations in, living tissue by chemical action at the point of contact. A chemical shall be considered corrosive if, when tested on the intact skin of albino rabbits by the methods described in DOTn 49 CFR 173.137, such chemical destroys or changes irrepressibly the structure of the tissue at the point of contact following an exposure period of four hours. This term does not refer to action on inanimate objects.
[Amended 5-14-2019 by L.L. No. 2-2019]
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 change or as a result of retained heat from manufacturing or processing, or which has and ignition temperature below 212° F. (100° C.) or which burns so vigorously and persistently when ignited as to create a serious hazard. A chemical shall be considered a flammable solid in accordance with the test method of CPSC 16 CFR Part 1500.44, if it ignites and burns with a self-sustained flame at a rate greater than 0.0866 inch (2.2 mm) per second along its major axis.
[Amended 5-14-2019 by L.L. No. 2-2019]
HIGHLY TOXIC MATERIAL
A material which produces a lethal dose or lethal concentration which falls within any of the following categories:
[Amended 5-14-2019 by L.L. No. 2-2019]
A. 
A chemical that has a median lethal dose (LD50) of 50 milligrams or less per kilogram of body weight when administered orally to albino rats weighting between 200 and 300 grams each.
B. 
A chemical that has a median lethal dose (LD50) of 200 milligrams or less per kilogram of body weight when administered by continuous contact for 24 hours (or less if death occurs within 24 hours) with the bare skin of albino rabbits weighing between 2 and 3 kilograms each.
C. 
A chemical that has a median lethal concentration (LC50) in air of 200 parts per million by volume or less of gas or vapor, or 2 milligrams per liter or less of mist, fume or dust, when administered by continuous inhalation for one hour (or less if death occurs within one hour) to albino rats weighing between 200 and 300 grams each.
OXIDIZER
A material that readily yields oxygen of other oxidizing gas, or that readily reacts to promote or initiate combustion of combustible materials and, if heated or contaminated, can result in vigorous self-sustained decomposition.
[Amended 5-14-2019 by L.L. No. 2-2019[1]]
POTENTIALLY EXPLOSIVE CHEMICAL
Includes any chemical substance, other than one classified as an explosive or blasting agent, which has a tendency to be unstable and which can be exploded by heat or shock or a combination thereof.
RADIOACTIVE MATERIAL
Includes any material or combination of materials that spontaneously emits ionizing radiation.
SEALED SOURCE
A quantity of radiation so enclosed as to prevent the escape of any radioactive material but at the same time permitting radiation to come out for use.
TOXIC
A chemical falling within any of the following categories:
[Added 5-14-2019 by L.L. No. 2-2019]
A. 
A chemical that has a median lethal dose (LD50) of more than 50 milligrams per kilogram, but not more than 500 milligrams per kilogram of body weight when administered orally to albino rats weighing between 200 and 300 grams each.
B. 
A chemical that has a median lethal dose (LD50) of more than 200 milligrams per kilogram but not more than 1,000 milligrams per kilogram of body weight when administered by continuous contact for 24 hours (or less if death occurs within 24 hours) with the bare skin of albino rabbits weighing between 2 and 3 kilograms each.
C. 
A chemical that has a median lethal concentration (LD50) in air of more than 200 parts per million, but not more than 2,000 parts per million by volume or less of gas or vapor, or more than 2 milligrams per liter but not more than 20 milligrams per liter of mist, fume or dust, when administered by continuous inhalation for one hour (or less if death occurs within one hour) to albino rats weighing between 200 and 300 grams each.
[1]
Editor's Note: This local law also repealed the former definition of "poisonous gas," which immediately followed this definition.
A. 
A permit shall be required for the storage or handling of hazardous materials as set forth in Table 19-91 or otherwise defined in the Fire Code of New York State in excess of the amounts listed in Table 19-91.
[Amended 5-14-2019 by L.L. No. 2-2019]
Table 19-91
Permit Amounts For Hazardous Materials
Type of Material
Amount
Corrosive
Liquids
55 gallons
Solids
1,000 pounds
Flammable materials
Solids
100 pounds
Highly toxic materials
Liquids
Any amount
Solids
Any amount
Oxidizing materials
Liquids
Class 4
Any amount
Class 3
1 gallon
Class 2
10 gallons
Class 1
55 gallons
Solids
Class 4
Any amount
Class 3
10 pounds
Class 2
100 pounds
Class 1
500 pounds
Organic Peroxides
Liquids
Class I
Any amount
Class II
Any amount
Class III
1 gallon
Class IV
2 gallon
Class V
No permit required
Solids
Class I
Any amount
Class II
Any amount
Class III
10 pounds
Class IV
20 pounds
Class V
No permit required
Pyrophoric materials
Liquids
Any Amount
Solids
Any Amount
Toxic Materials
Liquids
10 gallons
Solids
100 pounds
Unstable (reactive) materials
Liquids
Class 4
Any amount
Class 3
Any amount
Class 2
5 gallons
Class 1
10 gallons
Solids
Class 4
Any amount
Class 3
Any amount
Class 2
50 pounds
Class 1
100 pounds
Water-reactive materials
Liquids
Class 3
Any amount
Class 2
5 gallon
Class 1
55 gallons
Solids
Class 3
Any amount
Class 2
50 pounds
Class 1
500 pounds
B. 
A permit shall be required for the storage or handling at any installation of more than one microcurie of radium not contained in a sealed source or more than one millicurie of radium or other radioactive material in a sealed source or sources or any amount of radioactive material for which a specific license from the United States Atomic Energy Commission is required in accordance with nationally recognized good practice.
C. 
Every permittee shall display on the premises storing, handling, manufacturing or using commodities within the scope of this article approved warning signs/symbols at all entrances to such premises, as directed by the Chief Fire Marshal.
A. 
The manufacture, storage, handling and use of hazardous chemicals shall be safeguarded with such protective facilities as public safety requires.
B. 
The Chief Fire Marshal may require the separation or isolation of any chemical that, in combination with other substances, may bring about a fire or explosion or may liberate a flammable or poisonous gas. The Chief Fire Marshal may require separation from other storage, occupancies or buildings when the quantity stored constitutes a material hazard.
C. 
The manufacture, storage, handling and use of hazardous chemicals and materials shall be in accordance with the appropriate standards of the Fire Code of New York State, except that more restrictive requirements, as specified in this article, shall take precedence over any Fire Code of New York State requirements.
D. 
The Chief Fire Marshal may require the submission of additional documentation relating to the physical and chemical properties of hazardous chemicals and materials.
E. 
The management or owner of any building or facility wherein hazardous chemicals or materials are stored or handled shall submit an inventory of such chemicals or materials at least annually or whenever the quantity of the same shall change substantially.
F. 
Only chemicals or materials listed in the inventory required in Subsection E above shall be stored or handled unless the Chief Fire Marshal has first given written permission for the storage or handling of additional chemicals or materials.
G. 
Dumping of hazardous materials. No person shall dump, spill or in any other fashion place or cause to be dumped, spilled or placed any flammable liquid, combustible liquid or hazardous material, as defined in this chapter and chapter 66, upon the surface or into the subsurface land, aquifer or waterway, anywhere in the Town of Islip.
[Added 5-14-2019 by L.L. No. 2-2019]
Packaged oxidizing materials shall be stored in dry locations and separated from stored organic materials. Bulk, oxidizing materials shall not be stored on or against wooden surfaces.
A. 
Durable, clearly visible signs warning of radiation dangers shall be placed at all entrances to areas or rooms where radioactive materials are used or stored. In addition, each container in which radioactive materials are used, stored or transported shall bear a durable, clearly visible, appropriate warning sign. Such signs shall bear the three-bladed radiation symbol in magenta or purple on a yellow background in accordance with nationally recognized good practice.
B. 
When not in use, radioactive materials shall be kept in adequately shielded fire-resistant containers of such design that the gamma radiation will not exceed 200 milliroentgens per hour or equivalent at any point of readily accessible surface.
A. 
Explosives and blasting agents shall not be stored in the same building or in close proximity to potentially explosive chemicals.
B. 
Organic peroxides.
(1) 
A detached, well-isolated, ventilated and unheated storage building constructed with walls having a fire-resistance rating of not less than two hours, a noncombustible floor and lightweight insulated roof shall be provided for the storage of 50 pounds or more of organic peroxides. If not adequately protected by a fast-acting deluge-type automatic sprinkler system, the storage building shall be located the following minimum distances from flammable liquid storage, combustible materials in the open and from any other building or highway:
Weight of Organic Peroxide
(pounds)
Distance
(feet)
50 to 100
75
100 to 500
100
500 to 1,000
125
1,000 to 3,000
200
3,000 to 5,000
300
(2) 
The organic peroxides shall be stored in the original shipping containers (Interstate Commerce Commission containers). Care shall be taken to avoid rough handling or contamination of these chemicals. Readily legible warning signs and placards shall be prominently placed in the storage and processing areas.
C. 
Nitromethane.
(1) 
A suitable isolated outdoor storage area shall be provided for nitromethane. Hazardous processing shall not be permitted in the vicinity of this storage area. Nitromethane shall be stored in drums in which it is received or in an underground tank with suitable corrosion protection and a minimum of two feet of earth over the tank or in barricaded tanks above ground. If the drum storage is not adequately protected by a fast-acting deluge-type automatic sprinkler system, the storage of 2,000 pounds or more shall be located the following minimum distances from inhabited buildings:
Approximate Weight
(pounds)
Number of Drums
Distance
(feet)
Beginning at 2,000
4
100
Over 2,000 to 10,000
20
200
Over 10,000 to 20,000
40
300
Over 20,000 to 40,000
80
400
Over 40,000 to 80,000
160
500
(2) 
Care shall be taken to avoid rough handling or contamination of this chemical. Readily legible warning signs and placards shall be prominently placed in the storage and processing areas.
D. 
Ammonium nitrate.
(1) 
Each storage pile of bags or other authorized packages and containers of such materials shall not exceed 12 feet in height, 12 feet in width and 30 feet in length. Such pile units shall be separated by a clear space of not less than 36 inches in width from the base to the top of the piles, serving as cross aisles. At least one service or main aisle in the storage area shall be not less than four feet in width. A clearance of not less than 30 inches shall be maintained from building walls and partitions and of not less than 36 inches from ceilings or roof structural members, with a minimum of 19 inches below sprinklers.
(2) 
Ammonium nitrate storage areas shall be separated by a space of 30 feet or by a tight noncombustible partition from storages of organic chemicals, corrosive liquids, compressed gases, flammable and combustible materials or other contaminating substances such as sulphur, coal, flour and metallic powders such as zinc, copper and magnesium where storage of such materials is permitted with ammonium nitrate.
(3) 
Quantities of ammonium nitrate or ammonium nitrate fertilizer, having no organic coating, in the form of crystals, flakes, grains or prills, including fertilizer grade, dynamite grade, nitrous oxide grade and technical grade ammonium nitrate and ammonium nitrate phosphate (containing 60% or more ammonium nitrate by weight) of more than 50 tons' total weight shall be stored in a well-ventilated building of fire-resistive or noncombustible construction or in buildings of other types of construction equipped with an approved automatic sprinkler system. In populated areas, quantities of 2,500 tons or more shall be stored in well-ventilated buildings of fire-restrictive or noncombustible construction equipped with an approved automatic sprinkler system, and no combustible materials or ammonium nitrate sensitizing contaminants shall be stored in this building.
(4) 
Storage of ammonium nitrate, coated or mixed with organic anticaking materials, except compounded blasting agents, shall not be permitted in populated and congested areas. Outside such areas, quantities of 500 tons or less may be stored in well-ventilated buildings of fire-resistive or noncombustible construction equipped with an approved automatic sprinkler system.
A. 
Highly toxic materials shall be segregated from other chemicals and combustible and flammable substances by storage in a room or compartment separated from other areas by walls and floor and ceiling assemblies having a fire-resistance rating of not less than two hours. The storage room shall be provided with adequate natural or mechanical ventilation to the outside atmosphere. The floor of said room shall be impermeable to the materials being stored within.
B. 
Legible warning signs and placards stating the nature and location of the highly toxic material shall be posted at all entrances to areas where such materials are stored or used.
A. 
Storage of poisonous gases shall be in rooms of at least one hour's fire-resistant construction and having natural or mechanical ventilation adequate to remove leaking gas. Such ventilation shall not discharge to a point where the gases may endanger any person.
B. 
Legible warning signs stating the nature of hazard shall be placed at all entrances to locations where poisonous gases are stored or used.
Satisfactory provisions shall be made for containing and neutralizing or safely flushing away leakage of corrosive liquids which may occur during storage or handling.