It shall be unlawful to install, relocate, replace or use any tanks or pumps for the storage or dispensing of flammable liquids in the City of Rye except under permit issued in compliance with the provisions of this article. The classes of flammable liquids shall be as defined in Article X herein.
A.
No permit for the installation, relocation or replacement
of tanks, their auxiliaries, piping and pumps shall be issued until
an application is first filed with the City Clerk and approved by
the Fire Inspector and Building Inspector, giving the following information:
(1)
Name and address of applicant.
(2)
Location where tanks are to be installed.
(3)
Maximum quantity of flammable liquid to be stored.
(4)
Dimensions of storage tanks.
(5)
Gauge of metal tanks.
(6)
Name of concern making installation.
(7)
Address of concern making installation.
(8)
Policy numbers and expiration dates of compensation
and public liability insurance.
B.
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.
[Amended 12-5-1984 by L.L. No. 17-1984; 12-18-1996 by L.L. No. 14-1996; 12-20-2000 by L.L. No. 11-2000]
C.
Such permit shall state the name of permittee, capacity
of tank and location of premises where it is installed, and shall
be on public display on said premises at all times.
D.
The permit shall be at all times subject to inspection
of the Fire Inspector and Building Inspector and may be modified,
suspended or revoked at any time by the Council upon the certification
and request of either of said Inspectors.
A.
No underground tank shall be located less than the
distance indicated below, measured horizontally from the nearest point
of the shell of tank to the nearest line of adjoining property that
is or may be built upon and to the nearest outside wall of any basement,
pit or cellar of which the floor is lower in elevation than the top
of such tank:
[Amended 10-6-1971 by L.L. No. 5-1971]
|
Maximum Tank Capacity
(gallons)
|
Minimum Distance
(feet)
|
|---|---|
|
Up to 600
|
5
|
|
601 to 4,000
|
10
|
|
Where such location is not practicable, an underground
tank may be placed closer than the distance specified, provided it
is enclosed or encased. Sides, top and bottom of such enclosure shall
be of reinforced concrete and not less than six inches in thickness.
| |
B.
The individual tank capacity shall not exceed 4,000
gallons. The total capacity of all tanks at one location shall not
exceed 20,000 gallons.
[Amended 10-6-1971 by L.L. No. 5-1971]
C.
Underground tanks shall be set on firm foundation
and surrounded with soft earth or sand and well tamped in place. When
a rock condition exists, tanks shall be set on a foundation of cement.
Tanks shall be covered with a minimum of two feet of earth. When subjected
to traffic, tanks shall be protected against damage from vehicles
passing over them by at least three feet of earth cover or 18 inches
of well-tamped earth plus eight inches of reinforced concrete. When
reinforced concrete paving is used as part of the protection, it must
extend at least one foot horizontally in all directions beyond the
greatest dimensions of the tank.
[Amended 2-5-1964 by L.L. No. 1-1964]
D.
The location of a tank for the storage of gasoline
with respect to any such other tank shall be such that the distance
between them shall be not less than two feet.
E.
Where, in the opinion of the Fire Inspector or Building
Inspector, the condition of the ground in which the tank is to be
buried is such that the tank may be caused to shift or made buoyant
by a water condition, the tank shall be anchored or enclosed securely.
F.
Tanks shall be thoroughly coated on the outside with
tar, asphaltum or other suitable rust-resisting material. Tanks shall
be surrounded with not less than six inches of clean sand or earth.
G.
In particular installations, variances in these provisions
may be permitted at the discretion of the Fire Inspector or Building
Inspector after consideration of special features, such as topographical
conditions, nature of occupancy and proximity to buildings on adjoining
property and height and character of construction of such buildings,
capacity and construction of proposed tanks and character of liquids
to be stored, degree of private fire protection to be provided and
facilities of the Fire Department to cope with oil and gasoline fires.
Such variances must be reported to the Council by the Fire Inspector
and Building Inspector.
Tanks shall not be permitted inside or underneath
a building except as otherwise permitted in § 98-63E.
In rooms or areas accessible to the public,
storage shall be in closed containers and limited to quantities needed
for display and normal merchandising purposes. Where the aggregate
quantity of additional stock exceeds 60 gallons, it shall be stored
in rooms or portions of buildings that comply with the following construction
requirements: Walls, floors and ceilings shall be of construction
having a fire-resistance rating of not less than one hour. Openings
to other rooms or buildings shall be provided with noncombustible
liquid-tight raised sills or ramps at least six inches in height and
with approved fire doors with heat-actuated releasing devices arranged
to close doors automatically in case of fire. Where other portions
of the building or other properties are exposed, windows shall be
protected in an approved manner. No combustible material shall be
used for interior room surfaces or shelving. Proper ventilation shall
be provided. Heating shall be restricted to low-pressure steam or
hot water or to electrical units approved for hazardous locations.
[Amended 10-6-1971 by L.L. No. 5-1971]
Underground tanks shall be designed and constructed
to withstand safely the service to which they are subjected. Material
other than steel, if used, shall be of suitable durability and of
thickness providing equivalent strength to that provided by steel.
Steel commonly known as "mill seconds" shall not be used. Steel tanks
shall be of a minimum gauge (United States standards) in accordance
with the following table:
|
Capacity
(gallons)
|
Minimum Gauge
|
|---|---|
|
1 to 1,100
|
No. 10
|
|
1,101 to 4,000
|
No. 7
|
All tanks and piping shall be tested by a minimum
air or hydrostatic pressure of 10 pounds per square inch. Such pressure
shall be maintained for a period of at least 30 minutes, during which
time, if the test is by air pressure, the entire exterior surface
and all joints shall be coated with a solution of soap and water or
other material suitable for the purpose to indicate the presence of
leaks. Hydrostatic pressure, if used, shall be gauged in the top of
the tank and the tank piping shall be inspected for the presence of
liquid to indicate leaks. Any leakage detected by any of the methods
described shall be accepted as evidence of failure to maintain the
requirements of the specifications. Under no circumstances shall bottled
gases under pressure be used.
[Amended 9-6-1967 by L.L. No. 2-1967; 3-17-1993 by L.L. No. 1-1993]
A.
The above facilities will be inspected quarterly to
ensure compliance with Section 1164.3 of the New York State Uniform
Fire Prevention and Building Code (9B NYCRR 1164.3). A fee to cover
the cost of these inspections shall be charged to such service stations.
The fee shall set by resolution of the City Council annually.
B.
Regulations contained in Section 1164.3 of the New
York State Uniform Fire Prevention and Building Code, which became
effective in 1984 and which must be complied with, read as follows:
(1)
Storage and Handling.
(a)
All new equipment, piping, tanks, electrical
systems and dispensers shall be installed and maintained according
to generally accepted standards.
(b)
All existing equipment, piping, tanks, electrical
systems and dispensers shall be in compliance with the requirements
specified in paragraph (1) of this subdivision, except they may be
permitted to continue in use if they do not constitute a distinct
hazard to life or property.
(c)
Class I and Class II liquids storage shall not
be permitted within a regular service station, self-service station
or garage containing a pit, basement or depressed area, unless adequate
ventilation is provided to prevent the accumulation of flammable vapors.
All possible sources of ignition in the pit area should be eliminated
or properly protected to assure that the ignition of vapors does not
occur.
(d)
Handling of Class I and Class II liquids in
open containers is prohibited.
(e)
Portable containers for Class I and Class II
liquids shall be made of metal or suitable listed unbreakable material.
Such containers shall have a spring- or screw-type cover with a spout
or other design to prevent spilling when poured.
(f)
Accurate daily product inventory and water level
records shall be maintained and recorded on all Class I and Class
II liquid storage tanks for indication of possible leakage from tanks
or piping. The records shall be kept at the premises, available for
inspection by the code enforcement official, and shall include, as
a minimum, records showing, by product, daily comparison between sales,
use, receipts and inventory on hand. If there is more than one system
consisting of a tank serving separate pump or dispenser for any product,
the comparison shall be maintained separately for each tank system.
(g)
No sale or purchase of any Class I, Class II
or Class III liquids shall be made in containers unless such containers
are clearly marked with the name of the product contained therein.
(h)
Crankcase drainings and similar liquids shall
not be dumped into sewers, streams or adjoining property but shall
be stored temporarily in tanks or drums outside the building until
removed from the premises.
(i)
Beginning five years from the effective date
of these regulations, the fill pipe openings and vapor recovery openings
of above-ground and underground petroleum storage tanks on the premises
of service stations with 1,100 gallons' or more capacity shall be
marked in accordance with the American Petroleum Institute's (API)
standardized Equipment Marking Color Symbol System, as specified below:
(j)
The fill pipe cap of gasoline storage containers
shall be identified with a colored circular symbol either painted
or permanently affixed to the cap. The circle shall be colored red
to indicate higher octane gasoline, blue for medium octane gasoline
and white for lower octane gasoline.
(k)
Whenever such storage tank contains unleaded
gasoline, an additional white cross shall be affixed in the center
of the circular symbol, except the cross shall be colored black when
affixed to a white circle, indicating lower octane gasoline.
(l)
The fill pipe caps of storage tanks containing
all other petroleum distillates with a capacity of 1,100 gallons or
more shall be marked with a colored hexagon symbol as follows:
(m)
In the case of diesel fuel, the symbol shall
be colored yellow;
(n)
In the case of fuel oil No. 1, the symbol shall
be colored purple with a yellow stripe affixed horizontally through
the center of the symbol;
(o)
In the case of fuel oil No. 2, the symbol shall
be colored green; and
(p)
In the case of kerosene, the symbol shall be
colored brown.
(q)
Caps for vapor recovery openings shall be colored
orange.
(r)
Fill caps for storage tanks containing an extender
such as alcohol shall be designated by the addition of a border around
the appropriate symbol — black border around white
and white border around other colors.
(s)
See Table I-1164 which is contained in Section
1164.3 at page 638.281 of the New York State Uniform Fire Prevention
and Building Code (9B NYCRR 1164.3, page 638.281).
(2)
Dispensing of Class I and Class II liquids.
(a)
Dispensers shall be maintained to prevent leakage
or accidental discharge.
(b)
Remote master control devices, to shut off all
pumps in the event of an emergency, shall be accessible and properly
identified as pump shut-off controls.
(c)
Dispenser hoses shall be of a type with automatic
self-closing nozzles.
(d)
Impact valves which close automatically in the
event of fire or severe impact shall be maintained in safe operating
condition. The automatic closing features of this valve shall be checked
at the time of initial installation, and at least once a year thereafter,
by tripping the hold-open device.
(e)
There shall be no smoking, welding, burning
or open flames in the areas used for fueling, servicing fuel systems
for internal combustion engines or receiving or dispensing of Class
I or II liquids. The motors of all equipment being fueled shall be
shut off during the fueling operations.
(f)
Warning signs shall be conspicuously posted
in the dispensing areas, incorporating the following or equivalent
wording: "Warning: It is unlawful and dangerous to dispense gasoline
into unapproved containers; no smoking; and stop motor."
(g)
Listed portable fire extinguishers of an appropriate
type and with a rating of not less than 10 BC shall be provided at
regular service stations and garages dispensing Class I and Class
II liquids. Extinguishers shall be located so that an extinguisher
will be within 100 feet of each pump, dispenser, underground fill
pipe opening and lubrication or service room.
(h)
Each regular service station and garage which
is open to the public shall have an attendant or supervisor on duty
whenever the station is open for business.
(i)
Listed self-service dispensing devices are permitted
at regular service stations and garages. The areas containing such
devices shall meet the requirements specified in subdivision (c) of
this section.
(j)
Dispensing of liquids at private locations,
where the dispensing equipment is not open to the public, does not
require an attendant or supervisor. Such location may include a card
or key-controlled dispenser; however, coin-operated dispensers are
prohibited.
(k)
A hose nozzle valve used for dispensing Class
I and Class II liquids into a portable container shall be manually
held open during the dispensing operation.
(3)
Dispensing of Class I or Class II liquids at self-service
gas stations.
(a)
All self-service gas stations, in addition to
the requirements specified in this subdivision, shall meet the requirements
of subdivision (b) of this section.
(b)
All self-service gas stations shall have at
least one attendant on duty while the station is open to the public.
The attendant's primary function shall be to supervise, observe and
control the dispensing of Class I and II liquids while said liquids
are actually being dispensed.
(c)
It shall be the responsibility of the attendant
to prevent the dispensing of Class I and II liquids into portable
containers not in compliance with Paragraphs (a)(4) and (5) of this
section; control sources of ignition; and immediately handle accidental
spills and fire extinguishers if needed. The attendant or supervisor
on duty shall be mentally and physically capable of performing the
functions and assuming the responsibility prescribed in this section.
(d)
Operating instructions shall be conspicuously
posted in the dispensing area.
(e)
The dispensing area shall at all times be in
clear view of the attendant, and the placing or allowing of any obstacle
to come between the dispensing area and the attendant control area
shall be prohibited. The attendant shall at all times be able to communicate
with persons in the dispensing area.
(f)
Latch hold-open devices on hose nozzle valves
are prohibited.
C.
The Board of Fire Wardens shall have the power to
adopt rules and regulations ensuring the implementation and enforcement
of the above regulations. Such rules and regulations shall be subject
to the approval of the City Council.
The fill pipe opening shall be located outside
of any building and not less than five feet from any door or cellar
opening. It shall be liquid-tight when closed and not in use. Fill
pipe for filling by tank car or truck shall be not larger than four
inches in nominal inside diameter and shall not be constricted. Fill
pipe openings shall be identified by a definite color scheme or other
means and, unless otherwise approved by the Fire Inspector and Building
Inspector, shall extend to the curb. Tanks shall be filled by gravity
flow only.
A.
Pipe systems in connection with pumps shall contain
a sufficient number of valves properly to control the flow of liquid
in normal operation and in the event of physical damage.
B.
All piping shall be standard wrought iron, steel or
brass pipe with standard fitting or approved seamless copper, brass
or other nonferrous tubing with approved fittings. Piping shall not
be surrounded or covered by metal of a corrosive nature. Joints may
be welded, brazed, coupled, flanged or of the ordinary screw type
made up with a suitable compound. The Fire Inspector and Building
Inspector shall approve all pipe and fittings.
A.
Location and arrangement of vents. Vent pipes from
tanks storing gasoline shall be so located that the discharge point
is outside of buildings and not less than 12 feet above the height
of the fill pipe opening and not nearer than three feet, measured
horizontally and vertically, from any window or other openings. Vent
pipes shall discharge only upward or horizontally (not downward),
in order to disperse vapors. Vent pipes two inches or less in nominal
outside diameter shall not be obstructed by devices that will reduce
their capacity and thus cause excessive back pressure. Vent pipe outlets
shall be so located that flammable vapors will not be trapped under
eaves or other obstructions. The use of vent pipes common to two or
more tanks is prohibited and all tanks must be individually vented.
B.
Size of vents. Each tank shall be vented through piping
adequate in size to prevent blowback of vapor or liquid at the fill
opening while the tank is being filled. Diameter of vent pipes shall
be approximately as follows:
C.
Vent piping. Vent pipes shall be so laid as to drain
toward the tank without sags or traps in which liquid can collect.
They shall be so located that they will not be subjected to physical
damage above ground.
Rooms in which Class I and Class II flammable
liquids are stored or handled shall be heated only by means not constituting
a source of ignition, such as steam or hot water. Rooms containing
heating appliances involving sources of ignition shall be located
and arranged to prevent entry of flammable vapors.
A.
There shall be no smoking on the driveway of service
stations in areas used for fueling motor vehicles, dispensing flammable
antifreeze or the receipt of products by tank truck, or in those portions
of the building used for servicing automobiles, tractors and internal-combustion
engines. Conspicuous signs prohibiting smoking shall be posted within
sight of the customer being served. The motor of all vehicles being
fueled shall be shut off during the filling operation. When removing
fill caps, only nonsparking tools shall be used.
B.
Any delivery of flammable liquid at a service station
shall be made only when an attendant is on duty. No underground tank
shall be filled unless the quantity therein is first checked by a
measuring rod or stick and the delivery truck is equipped with a meter
with an automatic shutoff valve.
[Amended 10-6-1971 by L.L. No. 5-1971]
In gasoline stations, fire appliances shall
be provided in such quantities and of such type as shall be directed
by the Board of Fire Wardens, Chief of the Fire Department or Fire
Inspector.
In buildings, rooms or other confined spaces
in which flammable liquids are stored, combustible waste materials
shall not be allowed to accumulate except in closed metal containers.
Cleaning with gasoline or other Class I or Class II liquids shall
not be permitted in or around the station.
Tanks abandoned by replacement or otherwise
shall be removed, or, upon approval of the Board of Fire Wardens,
their lines may be disconnected and capped and the tanks filled with
sand. Tanks not to be used for a period not to exceed one year or
more shall be filled with water and lines capped.
All wiring and electrical equipment shall be
designed and installed 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.
No tanks or pumps may be used until they have
been inspected and approved by the Fire Inspector and Building Inspector
of the City of Rye after application has been filed and permit issued
therefor.
The City Clerk and Fire Inspector shall be notified
immediately upon any change of ownership or when any gasoline tank
is to be abandoned.
