[HISTORY: Adopted by the Town Board of the Town of Rye 4-18-1950. Amendments noted where applicable.]
This chapter shall be known as an ordinance to regulate the construction and installation of oil-burning equipment and storage and use of fuel oils.
No person shall construct and install oil-burning equipment, in that portion of the Town outside any incorporated village without first obtaining a permit from the Plumbing Inspector of the Town of Rye.
As used in this chapter, the following terms shall have the meanings indicated:
FUEL OIL
Includes any liquid or mobile mixture, substance or compound derived from or including petroleum, which does not emit an inflammable vapor below a temperature of 110° F. to be ascertained by any standard closed-cup tester. The test shall be made in accordance with the methods of test adopted by the American Society of Testing Materials. Fuel oil shall not be mixed or blended except at a storage plant (the location of which is approved by the proper authorities) and under competent supervision, and no waste oil shall be used.
As used in this chapter, the following terms shall have the meanings indicated:
OIL-HEATING BURNERS
Includes any device designed and arranged for the purpose of burning or preparing to burn fuel oil, as specified in § 42-3 of this chapter, and having a tank or container for the storage of fuel oil connected thereto.
Only oil-burning systems approved by the National Board of Fire Underwriters shall be installed.
As used in this chapter, the following terms shall have the meanings indicated:
OIL HEATING EQUIPMENT
Shall consist of the equipment connected with oil heating burners and located within the building, including internal and external supply and storage tanks and provisions for filling and venting same, piping, electrical wiring and all accessories.
A. 
An application shall be filed with the Plumbing Inspector of the Town of Rye[1] previous to the installation of fuel-oil storage tanks, their auxiliaries, piping, burner, heater and pumps giving the following information:
(1) 
Name and address of person, firm, company or corporation installing equipment.
(2) 
Location where oil-burning equipment is to be installed.
(3) 
Maximum quantity of fuel oil to be stored.
(4) 
Capacity of storage tank.
(5) 
Gauge of metal in the tanks.
(6) 
Name of burner.
(7) 
Whether or not the burner has been approved by the National Board of Fire Underwriters.
[1]
Editor's Note: For appointment, etc., of Plumbing Inspector, see Ch. 45, Plumbing, § 45-8.
B. 
The application shall further set forth in detail the specifications of the proposed installation based upon the provisions hereinafter prescribed by this chapter. If required by the Plumbing Inspector of the Town of Rye, such application shall be accompanied by plans drawn to an indicated scale. These plans shall show, in detail, the location and method of oil storage and all other features necessary for a complete description of the oil-burning system and include proposed methods for protecting combustible material adjacent to the oil burner.
A. 
Tanks shall be constructed of black steel, open-hearth steel or wrought iron, of a minimum gauge, depending upon the capacity as follows:
Capacity Gallons
Thickness
Shell
Head
55
14 gauge
14 gauge
56 to 275
12 gauge
12 gauge
276 to 550
3 to 16 gauge
3 to 16 gauge
551 to 750
3 to 16 gauge
3 to 16 gauge
751 to 1,080
3 to 16 gauge
3 to 16 gauge
1,081 to 1,500
1 to 4 gauge
1 to 4 gauge
1,501 to 2,000
1 to 4 gauge
1 to 4 gauge
2,001 to 2,500
1 to 4 gauge
5 to 16 gauge
2,501 to 3,000
1 to 4 gauge
5 to 16 gauge
3,001 to 3,500
1 to 4 gauge
5 to 16 gauge
3,501 to 4,000
1 to 4 gauge
5 to 16 gauge
4,001 to 5,000
1 to 4 gauge
5 to 16 gauge
5,001 to 7,000
5 to 16 gauge
3 to 8 gauge
7,001 to 10,000
5 to 16 gauge
3 to 8 gauge
B. 
Air-pressure tests. All tanks and piping proposed to be used for the storage of any byproducts of petroleum shall be subjected to an air- or hydrostatic-pressure test of 10 pounds per square inch for at least 30 minutes and shall show no leaks.
C. 
Storage tank for fuel oil shall be thoroughly coated on the outside with tar, asphaltum or other suitable rust-resisting material.
D. 
Joints and connections. All joints shall be riveted and caulked, brazed, welded or made tight by some equally satisfactory process. Tanks shall be tight and sufficiently strong to bear without injury the most severe strains to which they may be subjected in practice. Shells or tanks shall be properly reinforced where connections are made and all connections shall be made through the top of the tank.
E. 
Location of storage tanks. Storage tanks shall preferably be located outside, underground, with the top of the tank below the level of the burner where tanks are located so that the top of the tank is above the level of the suction inlet of the pump supplying oil to the burner assembly. A siphon-breaking device consisting of an anti-siphon valve, vacuum tank, vacuum siphon breaker, siphon-breaking pump set or equivalent device to prevent siphoning shall be installed.
F. 
When located inside a building or aboveground, the aggregate capacity of the tanks shall not exceed 275 gallons. When inside a building, tanks must be at least 10 feet from furnace.
G. 
If soil conditions warrant, underground tanks shall be set on a concrete foundation not less than six inches in thickness for tanks not exceeding 1,080 gallons' capacity and eight inches for tanks exceeding 1,080 gallons' capacity.
H. 
Except with the prior approval of the Plumbing Inspector of the Town of Rye, no tank shall be placed nearer than five feet to a foundation or bearing wall of a building, depending upon the capacity of the tank; and the distance shall be increased proportionately depending upon the capacity of the tank; five feet being the minimum for a tank of 550 gallons of capacity and one additional foot for each 500 gallons' capacity in excess thereof.
I. 
Where tanks in connection with a system exceed an aggregate capacity of 275 gallons and cannot be buried either inside or outside of a building, they may be located in the lowest story of the building under the following conditions:
(1) 
They shall be placed in an enclosure, the walls, floor and roof of which shall be constructed of reinforced concrete not less than four inches in thickness, or of eight inches of masonry and of dimensions six inches greater on all sides than the outside dimensions of the tank.
(2) 
The walls of the enclosure shall be carried up to a height of not less than one foot above the tank and roofed over with reinforced concrete not less than four inches in thickness.
(3) 
A space of at least two feet shall be maintained between the top of the roof of the enclosure and the ceiling immediately above.
(4) 
The space surrounding the tank formed by the enclosure walls and roof shall be completely filled with clean sharp sand or dry earth, well tamped into place.
(5) 
Not more than one tank shall be placed in an enclosure.
A. 
Standard full-weight wrought iron, steel or brass pipe with substantial fittings or approved brass or copper tubing with approved fittings shall be used and shall be carefully protected against mechanical injury in a manner satisfactory to authorities having jurisdiction. In all piping systems proper allowance shall be made for expansion and contraction, jarring and vibration.
B. 
All piping shall be separated from electric wiring not enclosed in approved conduit raceways or armored cable, by some continuous and firmly fixed nonconductor creating a permanent separation as provided in the National Electrical Code.
C. 
Approved brass or copper tubing, where permitted by authorities having jurisdiction, shall have a wall thickness of not less than one-sixteenth-inch for small sizes and correspondingly heavier where necessary.
A. 
Piping shall run as directly as possible from the storage or supply tank to the burner without sags and be so laid that, where possible, pipes shall pitch toward the supply tank without traps. Provision shall be made for expansion, contraction, jarring and vibration.
B. 
Cross-connections permitting gravity flow from one tank to another shall be prohibited.
C. 
Flexible metal hose and couplings, where used in connection with mechanical burners, shall be capable of withstanding a pressure equal to the piping to which it is connected and shall be constructed of fire-resisting materials. Hose shall be no longer than absolutely necessary but in no case shall exceed 12 inches. Only hose approved by the Underwriters Laboratories, Inc. will be approved.
D. 
Each fuel-oil tank will be provided with a separate fill pipe two inches or larger in diameter. Fill pipes when installed near any building opening shall be made as remote therefrom as practicable so as to prevent liability of flow of oil or vapor through the building opening. Each fill pipe shall be laid at a descending grade to the storage tank, except where the tank is located on higher elevation than the fill-pipe terminal. In such case a check-and-gate valve shall be placed as near the end of the terminal as it is practicable to place it.
E. 
Terminals shall be outside of the building in a tight metal box or flush road box so designed as to make access difficult by unauthorized persons.
F. 
Where practicable, fill pipes shall terminate at the curbline. In locations where it is impracticable to extend the terminal to the curbline, such terminal shall terminate at a point designated by the Plumbing Inspector of the Town of Rye. Fill pies shall not be connected to any other pipe.
A. 
An open steel vent pipe not less than two inches in diameter without trap and draining to the tank shall be provided for each tank. The lower end of the vent pipe shall not extend through the top of the tank more than one inch.
B. 
For all tanks located beneath the lowest story of the building, or tanks located on the lowest story of the building, the vent pipe shall be two inches in diameter, and terminate in such a location as to be readily observed in the event of an overflow from the tank during filling operations.
C. 
Vent openings shall be equipped with a weatherproof hood, and shall be of sufficient area to permit proper inflow of the liquid during the filling operation.
D. 
Vent pipes shall terminate outside of the building above the street surface not less than four feet nor more than 12 feet above the fill pipe. Such vent outlet shall not be located within three feet in any direction of a window or other opening, or an exterior stairway, or fire escape. Vent pipes shall not be placed in elevator or dumbwaiter shafts, or in enclosed courts.
E. 
If necessary, because of structural conditions, to carry the vent outlet higher than 12 feet above the fill box, and if the fill lines are connected to tank trucks by tight connections and filled by pressure, a one-inch line shall be connected to the tank parallel to the fill line and terminating in the fill box with unthreaded end.
(1) 
A check valve shall be installed in the line so as to permit excess oil in the tank to flow to the fill box and shall be so set as to prevent the passage of vapor to the street.
F. 
All vent pipes must be not less than two inches in diameter.
A. 
Readily accessible valves shall be provided near each burner and also close to the auxiliary tank in the line to the burner.
B. 
Control valves shall be of approved type provided with stuffing box of liberal size, containing a removable cupped gland designed to compress the packing against the valve stem and arranged so as to facilitate removal. Valves shall be designed to close against the supply and to prevent withdrawal of the stem by continued operation of the hand wheel. The use of packing affected by oil or heat is prohibited.
C. 
A check valve shall be provided in the discharge line as near the tank as possible.
All outside piping shall be laid in solid earth or in a trench. All pipes shall not be located near or in the same trench with other pipes except steam lines for the heating of oil. Propping of pipes on wooden blocks is prohibited. Pipes conveying oil if laid inside a building shall be laid in a trench at least three inches deep and cemented in after inspecting except where impracticable, when they shall be protected from mechanical injury. Suction and return lines shall run from tanks or pumps to the burner in the most direct manner. All pipes shall be painted.
A. 
No oil tanks or automatic oil pump used in connection with oil-heating equipment shall be equipped with a gauge glass, or glass for demonstration purposes, the breaking of which will permit the oil to escape from the tank. If a gauging device is installed, it shall be so designed as to prevent the escape of oil or vapor within the building at all times. No test well shall be connected with a tank inside a building. A test well connected with a tank outside of a building shall be so designed as to make access difficult by unauthorized persons:
B. 
A scavenging line installed in connection with a tank located within the building may be used and shall terminate outside the building. It shall be capped oil-tight when not in use. This shall be connected with the top of the tank.
A union, if used in any part of the installation, shall be of the ground pattern and of approved type. No right and left couplings shall be used.
A shutoff valve shall be provided on the tank side of any strainer which may be installed on pipe lines.
Any automatic pump, not an integral part of the oil burner, shall be approved by the Underwriters Laboratories, Inc. It shall be rigidly mounted and located at least seven feet from a gas meter or furnace door.
A. 
Burners shall be equipped with a device, mechanical or electrical, which will automatically prevent an abnormal flow of oil.
B. 
All oil burners subject to automatic ignition must be provided with a permanent, automatic ignition device so designed that oil discharged into the combustion chamber will immediately become ignited or shut off.
C. 
Automatic systems, unless electrically ignited, shall be so designed that the pilot flame cannot be extinguished by the operation of the automatic control valves. A pilot light of adequate intensity, arranged so as not to be easily extinguished, shall be provided in each combustion chamber.
D. 
All fuel-oil burners used in connection with hot-water, steam or warm-air heating boilers or furnaces shall be equipped with an automatic device arranged to extinguish the flame in the event of excessive pressure or overheating within the boiler or furnace.
E. 
All low-pressure steam or vapor boilers shall be equipped with a low water cutoff and a cutout switch as approved by the Underwriters Laboratories and must have an adequate draw valve.
F. 
A remote-control switch shall be placed as designated for each installation by the Plumbing Inspector of the Town of Rye.
G. 
Gas or coal hot-water heating devices shall be adequately vented by direct connection to the chimney flue leading to the outer air.
H. 
No fuel-oil burner shall be installed in any boiler or heater unless said boiler or heater is connected with a chimney flue having a sufficient draft at all times to insure the safe operation of the burner.
I. 
Electrical installation used in connection with fuel-oil burners shall be installed in accordance with the National Electrical Code.
Cards giving complete instructions for the care and operation of the fuel-oil system shall be permanently fixed near the apparatus by the person, firm or corporation installing the same and maintained in a readable condition and shall state thereon the grade of oil to be used in the fuel-oil system installed on the premises.
A. 
No fuel-oil system shall be installed until an application shall have been filed with the Plumbing Inspector of the Town of Rye.
B. 
Where a replacement of another oil burner is made, application must be made as if the installation were a new one.
C. 
No alteration or repair in an existing fuel-oil plant for which a permit has been issued shall be made without inspection and approval by the Plumbing Inspector of the Town of Rye.
D. 
No fuel-oil system shall be operated, or oil placed in the system, until a permit has been issued by the Plumbing Inspector of the Town of Rye.
E. 
Dampers which may entirely close the chimney uptake are prohibited. The damper area should be carefully determined in each case, but in no case shall it be greater than 70% of the internal cross-section area of the uptake.
F. 
Lugs on all furnace doors, acting to keep doors closed, must be filed so as to permit a rounded edge. This is to enable the door to swing open and ride free in case of puffs caused by backfire or delayed ignition. All furnace doors must be equipped with a spring so as to make them self-closing. All boiler rooms must be properly ventilated to the outside by windows, air conduits or other means.
G. 
No combustible material shall be stored in the same compartment with the oil burner. This is applicable to those cellars under hardware, paint and similar stores which are used as a storeroom for combustible materials. A separate fire-proof room, equipped with a fire door, shall be constructed in such places to house the oil burner. The fire door is to be equipped so that it is self-closing.
H. 
The keeping of oil drums or tanks on porches or inside the building above the main floor is prohibited.
A. 
All woodwork, wooden lath-and-plaster partitions or other combustible material within four feet of the side or back and eight feet from the front of the burner shall be covered with plaster, asbestos board or other noncombustible material. Above the burner there shall be constructed a ceiling of a noncombustible material. In case of small home equipment the ceiling shall be of the dimensions six feet by eight feet and in larger equipment shall extend beyond the sides and back at least four feet and at least eight feet from the front. At least a thirty-six-inch clearance shall be provided between the top and sides of breaching and flues from the ceiling partition and other combustible materials unless the breaching and flues are insulated with two to four inches of asbestos lagging or equivalent, in which case the clearance may be reduced to 18 inches.
B. 
Large kitchen ranges used in hotel and restaurant kitchens may be equipped with oil burners provided with modern cutoff devices for oil from the storage tank but must have a permanent opening in the ash-pit door and a gas conduit to the stack or chimney for the purpose of conducting burned or exhaust gases. Such conduit must be of sufficient capacity so that all danger of accumulation of pockets of burned gas is avoided.
A. 
No person, firm or corporation shall maintain or conduct a plant for the storage of flammable liquids without having obtained a permit from the Plumbing Inspector. No such permit shall be issued unless the plant and storage facilities conform with the provisions of this section. For the purpose of this section, flammable liquids are divided into two classes, as follows:
(1) 
Class I. Liquids with flash point below 70° F. (21° C.) closed-cup tester, such as ether, carbon bisulphate, gasoline, naphtha, benzol, collodion, liquefied petroleum gas, acetone, alcohol, amyl acetate, toluel, ethyl acetate, methyl acetate.
(2) 
Class II. Liquids with flash point above that of Class I and below 170° F. (86° C.) closed-cup tester, such as kerosene, amyl alcohol, turpentine and fuel oil.
B. 
All tests shall be made in accordance with the methods adopted by the American Society for Testing Materials. In case of tanks for the storage of Class I and II liquids at marketing stations, wholesale storage, port terminals and other properties where flammable liquids are stored in quantities, the distance from the line of the adjoining property which may be built upon shall in no case be less than hereinafter set forth in Table I nor less than double those distances in the case of tanks for the storage of crude petroleum. In particular installations those distances may be increased at the discretion of the Plumbing Inspector.
C. 
Table I. Outside aboveground tanks for Class I and II liquids other than crude petroleum shall not be placed or built nearer to the adjoining property lines than the distances hereinafter respectively set forth in the following table:
Capacity of Tank
(gallons)
Minimum of Distances to Line of Adjoining Property
(feet)
0 to 12,000
10
12,001 to 30,000
15
30,001 to 250,000
20
D. 
At marketing stations and elsewhere, truck-loading racks shall be separated from tanks, warehouses and other plant buildings by distances at least equivalent to those specified in Table I.
E. 
Table II. Outside aboveground tanks for Class I and II liquids other than crude petroleum shall not be placed or built nearer to one another than the minimum distance hereinafter respectively set forth in the following table:
Capacity of Tank
(gallons)
Minimum Distance Between Tanks
Class II
(feet)
Class I
(feet)
300 or less
3
3
301 to 18,000
5
5
18,001 to 24,000
5
10
24,001 to 75,000
10
20
75,001 to 150,000
15
30
150,000 to 250,000
20
40
F. 
All aboveground storage tanks containing flammable liquids as defined herein shall be surrounded by a wall of reinforced concrete not exceeding eight feet in height forming an enclosure capable of holding at least 1.10 times the capacity of the tank or tanks so enclosed therein. The total capacity of tanks enclosed within any such enclosure shall not exceed 250,000 gallons, exclusive of tanks already in use. Where existing conditions make it impossible to comply with the provisions of this section with regard to the enclosure of tanks, two or more tanks upon the approval of the Plumbing Inspector may be surrounded and enclosed by a wall of reinforced concrete forming an enclosure capable of holding at least 1.10 times the capacity of the tanks so enclosed therein. All concrete walls so constructed must be approved by the Building Inspector of the Town of Rye. The material and construction of tanks shall conform to the regulations of the National Board of Fire Underwriters. All tanks of an oil storage system shall be connected with each other by a system of pipes so that the entire contents of each tank can be transferred to any other tank at will. All storage plants, including the filling tank, if any, shall be equipped with a fire-extinguishing system satisfactory to the Plumbing Inspector. The thickness, quality of materials, hydrostatic-pressure test, foundations and all connections, fire-protection and extinguishing systems and all other details of construction and installation of all tanks must be according to plans which have received the approval of the Plumbing Inspector. All construction and installation shall be subject to inspection by the Plumbing Inspector. A plant for the storage of flammable oil shall be continuously under the care and supervision of one or more persons who shall be thoroughly familiar with the dangers incident to the storage of flammable oils and the operation of fire-extinguishing devices.
A. 
Definitions. As used in this section, the following terms shall have the meanings indicated:
GARAGES
A building or that part thereof in which there shall be housed or kept one or more self-propelled vehicles, or automobiles, containing flammable liquid for fuel or power. For the purpose of this chapter, garages are classed as follows:
(1) 
Class A — Private Garages.
(2) 
Class B — Tenant Garages.
(3) 
Class C — Public Garages.
PRIVATE GARAGE
Is any garage attached to or upon the premises of a one-family house.
PUBLIC GARAGE
Is any garage not included in any of the preceding classifications.
TENANT GARAGE
Is one operated for the use of the tenants of a house containing two or more families.
B. 
Gasoline in excess of five gallons, exclusive of that in the tanks of the vehicles in storage, shall not be kept in a private garage unless confined in a tank or tanks placed not less than two feet beneath the surface of the ground. There shall be no heating apparatus (other than steam, hot-water or vapor radiators connected with the heating plant of the house) except such as shall be approved by the Plumbing Inspector. There shall be no artificial light other than incandescent electric light in any private garage.
C. 
No gasoline in excess of that in the supply tanks of vehicles in storage shall be kept or stored in any tenant garage unless confined in a tank or tanks placed not less than two feet beneath the surface of the ground and there shall be no artificial light other than incandescent electric light. Any tenant garage exceeding 50 cars' storage capacity shall be protected by an automatic sprinkler system. Smoking shall not be permitted in any tenant garage and signs to that effect shall be prominently displayed to the satisfaction of the Plumbing Inspector. Each tenant garage shall be equipped with self-closing metal cans and all inflammable waste and materials shall be kept therein until removed from the building. In each tenant garage there shall be kept two or more chemical fire extinguishers in readily accessible places and no stove, torch, boiler, furnace or open fire shall be permitted or used in any tenant garage.
D. 
No public garage hereafter erected shall be located or maintained within 50 feet of any school, place of assemblage or place of detention. No public garage hereafter erected shall be permitted in any building occupied for dwelling purposes. Any garage exceeding 50 cars' storage capacity, or 10,000 square feet area shall be protected by an automatic sprinkler system adequately supplied, or in lieu thereof upon the express approval of the Plumbing Inspector, by a wet standpipe system with sufficient outlets equipped with 1 1/2 inch hose in adequate lengths to cover the entire area of the garage. There shall be no pit in any floor and no artificial light other than incandescent electric light.
E. 
All storage of gasoline shall be in underground tanks, provided, however, that there may be in such garage one or more approved portable wheeled tanks, each of a capacity not exceeding 60 gallons, to be used for transferring such liquids from the storage tank. The number of these wheeled tanks shall be fixed for each garage by the Plumbing Inspector. The reservoirs of motor vehicles shall be filled directly through hose from pumps attached to such portable tanks, or by hose coupled to permanent filling stations connected with the main storage tanks. No transfer of gasoline in any garage shall be made in any container. Hose for use in connection with the filling station or with the portable tank shall be of such design and material as to prevent leakage. The top of each storage tank shall be at least two feet below the surface of the ground and may be permitted underneath the building if buried at least two feet below the lowest floor. Buried tanks shall be set on a firm foundation and shall be surrounded by soft earth or sand, well tamped into place. A tank may have a test well, provided it extends to near the bottom of the tank and its top shall be hermetically sealed and locked except when necessarily opened. When a tank is located underneath a building, its test shall extend above the source of supply. All drawing-off pipes terminating inside of any building shall have valves at the discharge ends. The end of the filling pipe for every underground storage tank shall be carried to an approved location outside of any building, but not within five feet of any entrance door or cellar opening and shall be set in an approved metal box with cover which shall be kept locked except during filling operations. This filling pipe shall be closed by a screw cap. A 30 by 30 mesh or equivalent brass screen strainer shall be placed in the supply end of the filling pipe. Each tank used for the storage of volatile oil shall have a vent pipe at least two inches in diameter which shall run from the tank to the outer air at least five feet above the roof and five feet from the nearest window and shall be well braced in position. It shall be capped with a double gooseneck with a screen of twenty-mesh brass wire gauge placed immediately below the gooseneck. No tank hereafter installed for the storage of volatile oil shall exceed 2,000 gallons (U.S.) capacity. Liquids shall be drawn from tanks by pumps constructed to prevent leakage or waste splashing or by some other system approved by the Plumbing Inspector, with controlling apparatus and piping so arranged as to allow control of the amount of discharge and prevent leakage or discharge inside the building by any derangement of the system. When inside of a building, the pump or other drawing-off device shall be located on the ground floor, preferably near an entrance or other well ventilated place. Smoking shall not be permitted in any public garage and in every such garage signs to that effect shall be prominently displayed in three or more places. Such signs shall have the words "No Smoking" in red letters at least four inches high on white background, also by words "By order of the Chief of the Fire Department" in black letters at least one-inch high. No gasoline or other volatile or inflammable liquid shall be allowed to run upon the floor or to fall or to pass into the drainage system of the premises. Each floor of a garage shall be equipped with self-closing metal cans and all inflammable waste and materials shall be kept therein until removed from the building. On each floor of every such garage, there shall be two or more approved chemical fire extinguishers. Four or more pails of sand shall be kept conveniently located for use in extinguishing fire. Such garages shall be kept clean. No stove, forge, torch, boiler or other furnace, flame or open fire shall be permitted or used in any such garage unless separated from the garage by fireproof material with an entrance leading to the outer air. Calcium carbide shall be kept in airtight boxes or packages in a watertight container, placed at least two feet above the floor level and no greater quantity than 100 pounds of such carbide shall be kept in any one garage except by special permission in writing signed by the Plumbing Inspector. No public garage shall be maintained or used as such until a permit therefor has been granted by the Plumbing Inspector, and the requirements herein contained and hereinbefore specified complied with.
A. 
A service or filling station shall be any place used for retailing, storing or dispensing for private consumption or use of gasoline, oils and lubricants.
B. 
Storage tanks shall be placed below grade not less than two feet. If it is impossible to install the tank two feet below grade, it may be buried under 12 inches of earth, in which event a reinforced concrete slab at least five inches in thickness must cover the tank extending one foot beyond the outline of the tank in all directions.
C. 
Tanks of six-hundred-gallon capacity, or less, shall not be placed nearer than five feet to any building. One additional foot shall be added to this limitation for each 100 gallons, or major fraction thereof, capacity in excess of 600 gallons.
D. 
All tanks shall be constructed of open-hearth steel or wrought iron. Every tank shall be required to withstand at least five pounds pressure after installation.
E. 
Every tank shall be thoroughly coated on the outside with tar-asphaltum or other suitable rust-resisting material.
F. 
Every tank shall have a vent pipe not less than two inches in diameter. Every vent pipe shall have a weatherproof hood and shall terminate outside of the building 12 feet above the top of the fill pipe and not less than three feet, measured horizontally or vertically from any window or other building opening.
G. 
All gasoline gauging or venting devices shall be of approved Fire Underwriters' type and substantially secured to concrete or masonry foundations which shall be suitably located and of proper design and dimensions.
H. 
All electric wiring, including electrically operated pumps, shall conform with the New York Board of Fire Underwriters and the Electrical Code of the Town of Rye.
I. 
Driveways and other areas where gasoline is unloaded or dispensed shall be graded or drained so that flammable liquids cannot accumulate on the surface.
J. 
On a graded driveway, raised door sills shall be provided to prevent gasoline spills from flowing into the interior of the station building.
K. 
All tank drums or systems which operate under pressure for the storage or dispensing of flammable liquids shall be prohibited.
L. 
"No Smoking" signs and "Stop Motor while Filling" signs shall be prominently posted.
M. 
Every service or filling station must be equipped with at least one fire extinguisher of a suitable type, located where the same shall be readily accessible.
All tanks and piping proposed to be used in accordance with this chapter shall be subject to an air or hydrostatic pressure test of 10 pounds per square inch for at least 30 minutes and shall show no leaks.
Where a permit is granted pursuant to application under § 42-22 of this chapter, the fee for said permit shall be $25, and under any other section the fee shall be $5, which shall be levied and collected by the Plumbing Inspector of the Town of Rye.
Any person violating any provision of this chapter shall be liable to a penalty not exceeding in any one case of violation, $100, to be recovered with costs; and any such violation shall also be deemed a misdemeanor punishable by fine not exceeding $50 or by imprisonment not exceeding 50 days or by both such fine and imprisonment. Each week's continued violation shall constitute a separate additional violation.
This chapter may be amended, revised or repealed by the Town Board in the manner provided by law.
Should any section, part or provision of this chapter be determined unconstitutional or invalid, such decision shall not affect the validity of this chapter as a whole or any part thereof other than the part thereof determined unconstitutional or invalid.
This ordinance shall be in force and effect immediately upon adoption and publication as provided by law.