This article shall apply to all new and existing facilities
where flammable or combustible liquids are stored in tanks and to
the installation, relocation or replacement of such tanks not covered
elsewhere in this chapter.
As used in this chapter, the following terms shall have the
following meanings:
COMBUSTIBLE LIQUIDS
Any liquid having a flash point at or above 100° F. "Combustible
liquids" shall be subdivided as follows:
A.
Class II liquids shall include those having flash points at
or above 100° F. and below 140° F.
B.
Class IIIA liquids shall include those having flash points at
or above 140° F. and below 200° F.
C.
Class IIIB liquids shall include those having flash points at
or above 200° F.
FLAMMABLE LIQUIDS
Any liquid having a flash point below 100° F. and having
a vapor pressure not exceeding 40 pounds per square inch absolute
at 100° F. shall be known as a "Class I liquid." Class I liquids
shall be subdivided as follows:
A.
Class IA shall include those having flash point below 73°
F. and have a boiling point below 100° F.
B.
Class IB shall include those having flash points below 73°
F. and having a boiling point at or above 100° F.
C.
Class IC shall include those having flash points at or above
73° F. and below 100° F.
Except as otherwise permitted in this chapter, the storage of
flammable and combustible liquids shall be outside buildings, in underground
tanks or aboveground tanks.
A. Storage of flammable and combustible liquids in tanks aboveground and outside buildings is permitted only in an industrial district as defined in the Zoning Ordinance, Chapter
267, but not within 1,000 feet of any residential or business district and shall comply with the New York State Uniform Fire Prevention and Building Code, Parts 612, 613 and 614 of Title 6 of the Codes, Rules and Regulations of the State of New York and the National Fire Prevention Association 30-87, Flammable and Combustible Liquid Code.
B. Notwithstanding Subsection
A, the storage of gasoline and diesel fuel in aboveground tanks is prohibited except as permitted in Article
XII of this chapter.
Each person who wishes to perform the installation, relocation
or replacement of tanks for the storage of flammable or combustible
liquids or their auxiliaries, piping and pumps shall secure a license
from the Commissioner in accordance with the following:
A. Installer's license for tanks for the storage of all Class I flammable liquids and for all Class II combustible liquids shall secure a license in accordance with §
131-151.
B. Installer's license for tanks for storage of all Class III combustible liquids shall secure a license in accordance with §
131-151 or
131-172.
No tank or equipment for the storage of flammable or combustible
liquids that has been installed, relocated or replaced may be used
until it has been inspected and approved by the Commissioner. No underground
tank shall be covered from sight until such inspection and approval
occurs.
A. A notification, in writing, shall be given to the Commissioner, who
shall, within 48 hours after receipt of such notification, inspect
the installation and give written approval or disapproval.
B. Any written disapproval shall contain the reasons therefor and the
modifications or corrections that must be made to secure the approval
required by this section.
Every facility that stores flammable or combustible liquids
in tanks shall file with the Commissioner the name and telephone number
of the person to be notified in case of a fire or other emergency.
Within five days of any change in the information required by this
section, the Commissioner shall be notified of such change.
Repair of tanks for the storage of flammable or combustible
liquids shall be performed in compliance with Parts 613 and 614 of
Title 6 of the Codes, Rules and Regulations of the State of New York
and the National Fire Prevention Association 30-87, Flammable and
Combustible Liquids Code.
If any clause, sentence, paragraph, section or part of this
article shall be adjudged by any court of competent jurisdiction to
be invalid, such adjudication shall not affect, impair or invalidate
the remainder thereof but shall be confined in its operation to the
clause, sentence, paragraph, section or part thereof directly involved
in the controversy in which said judgment shall have been rendered.
This article shall take effect immediately. The owner, lessee
or operator of a facility regulated by this article shall have 90
days from the effective date of this article to comply with its provisions.