[HISTORY: Adopted by the Town Board of the
Town of Pittsford 7-21-1992 as Ch. 12 of the 1992 Code; amended in
its entirety 3-18-2014 by L.L. No. 2-2014. Subsequent other amendments
noted where applicable.]
This chapter is intended to regulate the storage and sale of
gasoline and other flammable liquids within the Town, outside the
boundaries of any incorporated village therein, for the preservation
of the public health, welfare and safety of the residents of the Town
and others and especially to avoid fire and other hazards that might
otherwise exist in the storage, handling and sale thereof. It applies
only to those facilities selling to the general public, commonly referred
to as "retail facilities."
The following definitions shall apply in the interpretation
of this chapter:
Includes those liquids with a flash point below 100°
F.
Includes those liquids with a flash point at or above 100°
F. and below 140° F.
As defined in Chapter 64 of this Code.
The Fire Marshal appointed pursuant to Chapter 86 of this Code.
Any Class I or Class II liquid.
A building, structure or tract of land used primarily for
the dispensing of any Class I or Class II liquid to the general public
by persons other than or in addition to the gasoline service facility
owner or qualified attendant.
Any person or organization who sells or offers for sale to
the general public any Class I or Class II liquid, including but not
limited to gasoline service stations, gasoline sales outlets, gasoline
self-service stations and combination gasoline-service/car-wash facilities.
A person completely instructed in the proper handling and
control of all Class I and Class II liquid dispensing equipment on
the premises of a gasoline service facility, including emergency procedures,
and approved by the said owner as qualified.
Noncompliance with the requirements of this chapter shall be sufficient cause for the suspension or revocation by the Fire Marshal or a Code Enforcement Officer of an operating permit issued pursuant to Article VI of Chapter 64 of this Code, in addition to any other penalties prescribed in this chapter.
Any person selling or offering for sale Class I or Class II
liquids in the Town must have his tanks and piping installed and operated
in accordance with the Building and Fire Protection Codes of New York
State and any other applicable New York State and/or federal regulations.
A.
In
the event of accidental spillage or leakage of a flammable liquid
in quantities of five United States gallons or greater, whether or
not it may enter sewers, the Fire Department and Fire Marshal or a
Code Enforcement Officer shall be notified immediately.
B.
A
minimum of five one-hundred-pound bags of Stay Dry absorbent or equivalent
must be kept on the premises at all times for flammable liquid spills
and should be used for this purpose whenever possible, instead of
flushing with water.
A.
In
the event a gasoline service facility shall be closed or abandoned
or the use of the premises changed so that it no longer functions
as a gasoline service facility, the owner, lessee and/or flammable-liquid
supplier of said facility shall immediately remove all products from
the storage tanks and, if the tanks are not removed, shall completely
fill the tanks with water. Within one year after the aforesaid closing,
abandonment and/or change of use of the gasoline service facility,
said storage tanks must be removed from the premises.
B.
Before
starting removal of any storage tanks, the Fire Marshal or a Code
Enforcement Officer must be notified.
C.
The
following procedures must be followed in the removal of such storage
tanks:
(1)
The contents of the tank must be pumped out prior to excavating.
(2)
Immediately after pumping out the contents of the tank and before
removing it from the ground, a quantity of dry ice, sufficient to
adequately reduce the vapor concentration, must be inserted into the
tank. The ratio of dry ice to the gallon capacity of the tank to be
removed shall be a minimum of 15 pounds of dry ice per 1,000 gallons
of tank capacity.
(3)
The removal of the tank from the ground and also the removal of the
tank from the boundaries of the Town must be completed the same day.
The Fire Marshal of the Town and Town Code Enforcement Officers
shall be responsible for the enforcement of this chapter.
