[HISTORY: Adopted by the Board of Trustees of the Village of Manorhaven as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Fire prevention — See Ch. 69.
Zoning — See Ch. 155.
[Adopted 7-14-1942 by Ord. No. XXI-A]
[Amended 4-13-1943; 11-28-1984 by L.L. No. 12-1984]
No tank or other container used or intended to be used for the storage or holding of gasoline, fuel oil or of any other volatile or flammable liquid, including tanks or containers of underground and overground construction, shall be cleaned, purged, repaired, altered, installed, demolished, removed, raised, moved, constructed, worked upon or changed over from one of such aforesaid liquids to another such liquid until a written permit therefor authorizing such cleaning, purging, repairing, altering, installing, demolition, removal, raising, moving, construction, work or changeover shall have been issued by the Building Department, as hereinafter provided.
[Amended 4-13-1943]
A. 
Such permit shall be issued only after the written application therefor by the owner, lessee or operator of any such tank or container as aforesaid. Said application shall be in such form as the Building Department may prescribe and shall specify the nature and extent of the cleaning, purging, repairing, alteration, installation, demolition, removal, raising, moving, construction, work or changeover to be done; the method or process to be employed in the operation; the person or persons to be employed in the operation, including but not limited to any firms or corporations so employed; and the period during which said operation will take place. Said application may, in the sole discretion of the Building Department, be submitted to the County Fire Marshal, the National Board of Fire Underwriters or to any tank cleaning, repairing or installing organization as selected by the Building Department, for his or their approval as to safety of the operation.
[Amended 11-28-1984 by L.L. No. 12-1984]
B. 
The Building Department shall have the power of supervision of any of the aforesaid operations and may appoint one or more persons, firms or corporations as its representative or representatives of the purpose of such supervision.
[Amended 11-28-1984 by L.L. No. 12-1984]
C. 
The fee for such permit shall be determined by the Board of Trustees and shall include the cost of such supervision or any safety compliance certificates.
[Amended 11-28-1984 by L.L. No. 12-1984]
The Building Department shall have the power to make periodic inspections and tests of all tanks and containers used or intended to be used for the storage or holding of gasoline, fuel oil or of any other volatile or flammable liquids and may appoint one or more persons, firms or corporations as its representative or representatives to make such inspections and tests. If any such inspection or test discloses the presence of a hazardous condition, the Building Department may compel the correction of such condition.
[Amended 11-28-1984 by L.L. No. 12-1984]
Tanks which are temporarily out of service or abandoned, as such terms are defined in the Nassau County Fire Prevention Ordinance, shall be treated or removed in compliance with the provisions of the Nassau County Fire Prevention Ordinance.
[Amended 11-28-1984 by L.L. No. 12-1984]
Notwithstanding any of the provisions of § 77-4 hereof, the cessation of business of any fuel oil or gasoline storage plant or the cessation of use of any building, automobile or boat having a tank or container used or intended to be used for the storage or holding of any explosive or flammable oils or liquids is hereby determined to create an immediate abandonment of such tanks or containers as of the time of the cessation of normal and usual business activities and use. Upon such abandonment, all requirements contained in this article applicable to abandoned tanks or containers shall apply to tanks and containers under this section.
A. 
All tanks or containers used or intended to be used for the purpose set forth in §§ 77-6 and 77-7 shall be approved by and bear the seal of the National Board of Fire Underwriters and shall be in compliance with the provisions of the Nassau County Fire Prevention Ordinance.
[Amended 11-28-1984 by L.L. No. 12-1984]
B. 
No tank or container, except as hereinafter provided, used or intended to be used for the storage of fuel oil or of any volatile or flammable oils or liquids for heating premises, hot water, cooking, power or any other purpose, shall be installed or maintained within such premises. Such tank or container shall be installed or maintained underground and outside the foundation walls or the principal walls of such premises, at a distance of no less than seven feet from the nearest foundation wall or principal wall of such premises and shall be buried so that the top thereof shall be at least two feet below the surface of the ground.
C. 
Tanks for domestic use shall not have a capacity in excess of 1,000 gallons.
[Added 11-28-1984 by L.L. No. 12-1984]
A. 
Fuel oil tanks having a capacity of 275 gallons each may be located in the cellar or basement above the floor level. No more than two such tanks shall be installed in connection with any one burner. When more than one storage tank is installed, such tanks shall be connected with the main feed pipe leading to the burner through a manually operated three-way valve so that not more than one tank can in any way discharge its contents at one time, and such tanks shall be provided with valves to close against the supply and securely attached in combustible supports and shall not be located within seven feet, measured horizontally, from any fire or source of flame. Such tank may be used to supply oil to the burner by gravity, provided there is a suitable automatic safeguard to prevent abnormal discharge of oil at the burner.
[Amended 8-9-1949]
B. 
All vent and fill pipes to such tank shall terminate at a point outside the building. Vent pipes shall extend from the tank to the outside air, terminating at a point outside of the building at least three feet above the top of the fill pipe and as remote as practicable from any window or building opening. Outer ends of the vent pipe shall be provided with a return bend or weatherproof hood.
[Amended 11-9-1966; 11-28-1984 by L.L. No. 12-1984; 11-20-1991 by L.L. No. 3-1991; 1-22-1997 by L.L. No. 1-1997]
Any person, association, firm or corporation which violates any provision of this article or assists in the violation of any provision of this article shall be guilty of a violation punishable by a fine not exceeding $1,000 or imprisonment for a period not to exceed 15 days, or both, for conviction of a first offense; for conviction of a second offense, both of which were committed within a period of five years, punishable by a fine of not less than $1,000 nor more than $2,000 or imprisonment for a period not to exceed 15 days, or both; and upon conviction of a third or subsequent offense, all of which were committed within a period of five years, punishable by a fine of not less than $2,000 nor more than $3,000 or imprisonment for a period not to exceed 15 days, or both. Each week's continued violation shall constitute a separate additional violation.
[Adopted 5-10-1949 by Ord. No. XXI]
A. 
No retail or wholesale plant for the storage of gasoline, petroleum or shale oil or the liquid product thereof or of coal tar or of any volatile, flammable or explosive oils and liquids, nor any plant known as a filling station, service station or garage handling such explosive oils or liquids or wholesale or retail sale shall be erected or maintained, nor shall any of the aforesaid oils and liquids be stored or maintained in any structure used for mercantile or manufacturing purposes or in and about the premises thereof, without a permit being first obtained from the Building Department for such purpose. A permit shall be issued by the Building Department only after an application for said permit has been presented to the Board of Trustees and approved by said Board, following a public hearing on the application as hereinafter provided.
[Amended 11-28-1984 by L.L. No. 12-1984]
B. 
At the time application for such permit is made, it shall set forth the following details:
(1) 
Number of tanks.
(2) 
Type of each tank.
(3) 
Size of each tank.
(4) 
Capacity of each tank.
(5) 
Construction of each tank.
(6) 
Materials to be used for foundation or base.
(7) 
What is to be stored in each tank.
(8) 
Description of fire extinguishing system to be installed.
(9) 
Location of loading rack.
(10) 
Construction, height and width of dike surrounding each tank or group of tanks.
(11) 
Construction of layout, including valves for feed and discharge lines.
(12) 
Construction and location of pump house.
(13) 
Map showing the size and location of the property, the ownership and the use of adjoining property, with the location of tanks and dikes, the location of the loading rack and pump house, the layout of pipes and the topographical contour of the land.
(14) 
A copy of the approved plans submitted to the Nassau County Fire Marshal and satisfactory evidence of compliance with the applicable provisions of the Nassau County Fire Prevention Ordinance and applicable regulations and requirements of the Nassau County Fire Marshal.
[Added 11-28-1984 by L.L. No. 12-1984]
[Added 11-28-1984 by L.L. No. 12-1984[1]]
A. 
The Board of Trustees shall set a date for a public hearing on an application, and the Village Clerk shall cause notice of such hearing, setting forth the date, time and place thereof and the description of the property covered by the application, to be published in a newspaper designated by the Board of Trustees at least 10 days before but not more than 20 days prior to the date of the public hearing. In addition to the notice published by the Village Clerk, the applicant shall, on forms provided by the Village Clerk, serve notice of public hearing on said application on all owners of real property, as indicated on the latest completed assessment rolls of the County of Nassau, within 200 feet, either personally or by registered mail. Said notices shall be served at least 10 days before, but not more than 20 days prior to, the date of public hearing as determined by the Board of Trustees, and the applicant shall, at least five days prior to the date of the hearing, file with the Board of Trustees proof of service of said notices.
B. 
The Board of Trustees may take testimony, affidavits or other evidence pertaining to matters set forth in the application and, in addition thereto, but not limited to, evidence pertaining to fire hazards, effect on traffic, effect on the value of adjacent properties and proximity of residences, schools, churches or other businesses storing flammable liquids or materials. The Board, in making its determination, may pass on any of the foregoing matters and upon any information known to the members and may impose any reasonable conditions upon the issuance of a permit.
[1]
Editor's Note: This local law also provided for the repeal of former § 77-10, Storage near public highway prohibited.
[Added 11-28-1984 by L.L. No. 12-1984[1]]
No permit shall be issued to install or maintain a tank:
A. 
Whose capacity exceeds 15,000 gallons;
[Amended 5-14-2003 by L.L. No. 1-2003]
B. 
Which is situated within 10 feet of a building or property line;
C. 
Which is situated under a sidewalk;
D. 
Which is situated within two feet of another underground tank;
E. 
Which is situated within 200 feet of the nearest wall of a building occupied as a school, hospital, church, public library, theater or other place of public amusement or assembly; or
F. 
Which, in the opinion of a majority of the Board of Trustees, might endanger the health, safety or welfare of the public or pose a potential hazard to the environment.
G. 
Which is not “double walled” as to its structure, in the determination of the Superintendent of Buildings.
[Added 6-25-2003 by L.L. No. 2-2003]
[1]
Editor's Note: This local law also provided for the repeal of former § 77-11, Mixed occupancy prohibited.
Any permit issued pursuant to this article is issued with the understanding that construction shall start within 90 days of the date of the permit and shall be completed within 12 months of the date of the permit, except that where a permit is issued in connection with the construction of a building or buildings, such permit shall remain in full force and effect during the period when such building permit is valid pursuant to the provisions of the Building Code of the Village of Manorhaven.[1] Any permit so issued shall be subject to revocation unless this provision is complied with.
[1]
Editor's Note: See Ch. 38, Building Construction.
[Added 11-28-1984 by L.L. No. 12-1984[1]]
All tanks for business or industrial uses shall be located below ground and shall be constructed and installed in accordance with the provisions of the Nassau County Fire Prevention Ordinance.
[1]
Editor's Note: This local law also provided for the repeal of former § 77-13, Storage volume limited, added 11-14-1962.
[Added 11-28-1984 by L.L. No. 12-1984;[1] amended 5-14-2003 by L.L. No. 1-2003]
The installation of any tank or tank line hereunder shall be supervised and certified in writing by a licensed engineer and approved by the Building Department prior to being placed into service. No such tank shall be covered from sight until after an inspection by the Building Department and written approval to cover said tank has been given by the Building Department.
[1]
Editor's Note: This local law also provided for the repeal of former § 77-14, Storage below ground in business areas.
In an industrial area, no stove, forge, torch or other device employing fire, flame or heat, nor any electrical or other apparatus likely to produce an exposed spark, except such electrical motors as are of the fully enclosed type, shall be placed within 50 feet of such storage tanks or containers, unless it be placed in a room or compartment separated therefrom by a partition constructed of fire-retarding material and provided with a self-closing door.
[1]
Editor's Note: Former § 77-15, Additional location restrictions, was repealed 11-28-1984 by L.L. No. 12-1984, which local law also provided for the renumbering of former § 77-20 as § 77-15.
In an industrial area, no system of artificial light other than incandescent electric lights properly protected by glass globes and wire mesh cages shall be installed in any premises used for the storage or sale of such above-named oils and liquids. All wiring shall be in conduit. All electrical extension outlets shall be of a type to prevent arcing.
[1]
Editor's Note: Former § 77-16, Inspection and approval before covering, was repealed 11-28-1984 by L.L. No. 12-1984, which local law also provided for the renumbering of former § 77-21 as § 77-16.
[Amended 11-28-1984 by L.L. No. 12-1984[1]]
The permit fee for the installation of tanks for business or industrial uses shall be determined by the Board of Trustees and shall include the cost of supervision or any safety compliance certificates.
[1]
Editor's Note: This local law also provided for the repeal of former § 77-17, Construction requirements for below-ground tanks, and for the renumbering of former § 77-22 as § 77-17.
All expenses in connection with any test or tests that may be required to be made hereunder shall be borne and paid for by the owner, lessee or agent of the property or by the architect or builder of the premises. After any such test shall have been made, no further or additional work on the premises shall be permitted until the expenses of any such test or tests, if any, shall have been paid. The initial fee for a permit under this article shall not be applied to the payment of any expenses incurred for such test or tests.
[1]
Editor's Note: Former § 77-18, Regulation for aboveground tanks, was repealed 11-28-1984 by L.L. No. 12-1984, which local law also provided for the renumbering of former § 77-23 as § 77-18.
[Amended 2-13-1951; 11-9-1966; 11-28-1984 by L.L. No. 12-1984[1]]
Any person, association, firm or corporation which violates a provision of this article shall be guilty of a violation punishable by a fine not exceeding $250 or imprisonment for a period not to exceed 15 days, or both, for each violation. Each day a violation of any provision of this article continues shall constitute a separate offense.
[1]
Editor's Note: This local law also provided for the repeal of former § 77-19, Conformance to standards and approval required, and for the renumbering of former § 77-24 as § 77-19.
[Added 11-28-1984 by L.L. No. 12-1984]
In the event that any clause, sentence, paragraph, section or part of this article shall be adjudged by a court of competent jurisdiction to be invalid, such judgment shall not affect, impair or invalidate the remainder of this article which shall remain in full force, but shall be confined in this operation to the clause, sentence, paragraph, section or part of this article directly involved in said judgment.