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.
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.