[HISTORY: Adopted by the Board of Trustees of the Village of Penn
Yan 9-2-1969 by L.L. No. 2-1969 as Ch.
36 of the 1969 Code. Amendments noted where applicable.]
[Amended 8-15-1988 by L.L. No. 3-1988]
No person, firm or corporation shall keep or store within the corporate boundary limits of the Village of Penn Yan any gasoline, benzine, naphtha, ether, benzol or any other inflammable volatile of like character in quantities greater than five gallons, except as provided in § 118-3, unless in a properly constructed tank.
A.
Storage in a tank in excess of 275 gallons shall be underground
and shall be in accordance with the New York State Uniform Fire Prevention
and Building Code. If such a tank is within a building, it shall be buried
not less than three feet below the level of the basement floor or, without
the building and within 10 feet thereof, buried not less than two feet below
the level of the basement floor and, if more than 10 feet distant from the
building, buried not less than two feet below the surface of the ground. Drawing
from the tank shall be by approved safety pumps, and all piping shall be so
arranged as to draw back into the tank.
B.
Aboveground tanks. Storage of fuel for heating purposes
in a tank of less than 275 gallons may be above ground but must be constructed
at least five feet from any building it is built upon and at least five feet
from any property line. The measurement contained herein is based on level
ground, and in no case shall a tank be so placed at such an elevation that
it will endanger the surrounding property by leakage, and if said tank is
at an appreciable elevation above the surrounding property, proper precautions
must be taken by embanking or ditching to prevent such flow; nor shall any
tank be so placed as to drain in any watercourse or canal. No other aboveground
tanks are allowed.
No volatile inflammable liquid shall be kept or carried in open vessels
in a garage, and no volatile inflammable liquid shall be drawn except in approved
safety cans of a capacity not exceeding five gallons each, and then, with
the exception of liquids with flashpoint above 30° F., only for the purpose
of immediately filling the tanks of automobiles contained in a garage. In
lieu of the above safety cans, approved portable filling tanks, not to exceed
60 gallons in capacity, may be used for transporting volatile inflammable
liquid to and from such storage tanks for filling and charging the automobile.
Said portable tanks shall be supported on rubber-tired wheels, and liquids
must be drawn by means of a tight-fitting pump. The hose attachment must not
exceed 10 feet in length, equipped at the end with a shutoff valve.
No volatile inflammable liquid shall be allowed to run upon the floor
or to fall or pass into the drainage system of a garage, nor shall any such
liquid be put into or removed from the tanks of a vehicle while any light
or fire on the same is burning.
Inflammable liquids shall not be drawn or handled in the presence of
any open flame or fire but may be drawn and handled when lighting is by incandescent
electric lamps with vaporproof globes and keyless sockets and the installation
is otherwise fully in compliance with all the requirements of the National
Electric Code, and said rules and regulations are hereby made a part of this
chapter as affecting all electrical equipment. Smoking shall be prohibited,
and signs to this effect shall be posted wherever inflammable volatiles are
stored or handled.
[Amended 8-15-1988 by L.L. No. 3-1988]
Any person, firm or corporation proposing in the future to handle or
store inflammable volatiles in excess of five gallons shall make written application
to the Code Enforcement Officer of the Village of Penn Yan, who shall notify
the Fire Chief of the Village of Penn Yan of the application. After inspection
by the Code Enforcement Officer and the Fire Chief of the premises proposed
to be used for such sale or storage and the means of distribution, the Code
Enforcement Officer, if satisfied, may issue a permit. Denial of a permit
may be appealed to the Board of Trustees, in writing, within 15 days of such
denial.
Any and all persons who shall violate any of the provisions of this
chapter or fail to comply therewith or who shall violate or fail to comply
with any order or regulation made thereunder within 10 days or who shall build
in violation of any detailed statement of specifications or plans submitted
and approved thereunder or any certificate or permit issued thereunder shall
severally for each and every such violation and noncompliance, respectively,
forfeit and pay a penalty in the sum of not less than $25 up to the maximum
penalty of $250 or be imprisoned for not more than 15 days, or both, each
day constituting a separate offense. The imposition of one penalty for any
violation of this chapter shall not excuse the violation or permit it to continue,
and all such persons shall be required to correct or remedy such violation
or defects within a reasonable time.
