This article shall apply to the storage, handling and use of flammable liquids as hereinafter defined, except that it shall not apply to the transportation of flammable liquids when in conformity with Interstate Commerce Commission regulations or with regulations lawfully on file with and approved by the Interstate Commerce Commission.
As used in this article, the following terms shall have the meanings indicated:
CLOSED CONTAINER
A container so sealed by means of a lid or other device that neither liquid nor vapor will escape from it at ordinary temperatures.
FLAMMABLE LIQUID
 Any liquid having a flash point below 200º F. and having a vapor pressure not exceeding 40 pounds per square inch (absolute) at 100º F. "Flammable liquids" shall be divided into three classes as follows:
A. 
Class I shall include those having flash points at or below 20º F.
B. 
Class II shall include those having flash points above 20º F. but at or below 70º F.
C. 
Class III shall include those having flash points above 70º F.
FLASH POINT
The minimum temperature in degrees Fahrenheit at which a flammable liquid will give off flammable vapor as determined by appropriate test procedure and apparatus as specified below:
A. 
The flash point of flammable liquids having a flash point below 175º F. shall be determined in accordance with nationally recognized good practice using the Tag closed tester.
B. 
The flash point of flammable liquids having a flash point of 175º F. or higher shall be determined in accordance with nationally recognized good practice using the Pensky-Martens closed tester.
A permit shall be obtained for any of the following:
A. 
Storage, handling or use of Class I or Class II flammable liquids in excess of one gallon in a dwelling or other place of human habitation, or in excess of five gallons (which must be kept in a tightly closed container) in any other building or other occupancy, or in excess of 10 gallons outside of any building, except that no permit shall be required for the following:
(1) 
For the storage or use of flammable liquids in the fuel tank of a motor vehicle, aircraft, motorboat, mobile power plant or mobile heating plant.
(2) 
For the storage or use of paints, oils, varnishes or similar flammable mixtures when such liquids are stored for maintenance, painting or similar purposes for a period of not more than 30 days.
B. 
Storage, handling or use of kerosene in excess of 10 gallons or any other Class III flammable liquids in excess of 25 gallons in a building or in excess of 60 gallons outside of a building.
C. 
The manufacture, processing, blending or refining of flammable liquids.
D. 
Storage of flammable liquids in stationary tanks.
E. 
Storage, handling or use of paints, varnishes, lacquers or any other substances, mixtures or compounds used for painting, varnishing, staining or other similar purposes in excess of 25 gallons, except as otherwise permitted in Subsection A(2) of this section.
F. 
Application for such permit shall be accompanied by an inspection and permit fee to be set annually by resolution of the City Council before adoption of the budget for the following year.
[Added 12-5-1984 by L.L. No. 17-1984; amended 12-18-1996 by L.L. No. 14-1996; 12-20-2000 by L.L. No. 11-2000]
No person shall keep or store within the City of Rye any Class I or Class II flammable liquids in a greater quantity than five gallons, which must be kept in a tightly closed container (exclusive of that in tanks of motor vehicles and packaged items in service stations), except in properly constructed underground tanks which, if within the building, shall be buried not less than five feet below the level of the basement floor, or if 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, and which in all cases shall be drawn from the aforesaid tanks by approved safety pumps, and all piping shall be so arranged as to drain back to the tank. Where the tanks cannot be buried either inside or outside the building, they may be located in a vault of fireproof construction approved by the Fire Inspector.
A. 
Tanks or groups of tanks above the ground which contain any flammable liquids in excess of 20,000 gallons' capacity shall be diked and the volumetric capacity of the diked area shall be not less than the capacity of the largest tank within the diked area.
B. 
Tanks of less than 20,000 gallons' capacity, where deemed necessary by the Board of Fire Wardens, Chief of the Fire Department or Fire Inspector, on account of proximity to waterways, character of topography or nearness to structures of high value or to places of habitation or assembly, shall be diked or the yard shall be provided with a curb or other suitable means taken to prevent the spread of liquid onto other property or waterways.
C. 
The dikes or walls required by this section shall be of earth, steel, concrete or solid masonry designed to be liquid-tight and to withstand a full hydraulic head and so constructed as to provide the required protection. Earthen dikes three feet or more in height shall have a flat section at the top not less than two feet wide. The slope shall be consistent with the angle of repose of the material of which the dikes are constructed. The slope shall be riprapped where deemed necessary by the City Engineer to prevent erosion. Dikes shall be restricted to an average height of not more than six feet above the exterior grade.
D. 
Where provision is made for draining rainwater from diked areas, such drains shall normally be kept closed and shall be so designed that when in use they will not permit flammable liquids to enter natural watercourses, public sewers or public drains. Where pumps control drainage from the diked area, they shall not be self-starting.
E. 
No vegetation or loose combustible material shall be permitted on dikes or within the diked area.
Every person handling or storing any flammable liquids in tanks above the ground which shall have either singly or together a capacity in excess of 20,000 gallons shall maintain on the premises upon which such tanks are located such quantity of fire extinguishing foam-producing chemicals and such foam-generating or foam delivery equipment as may be required by the Board of Fire Wardens, Chief of the Fire Department or Fire Inspector.
Flammable liquids shall not be drawn or handled in the presence of an 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 accordance with nationally recognized safe practice. Compliance with the applicable provisions of the standards of the National Board of Fire Underwriters, known as the "National Electrical Code," shall be deemed prima facie evidence of compliance with nationally recognized safe practice. Smoking shall be prohibited, and signs to this effect posted, wherever flammable liquids are stored or handled.