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Town of Brookhaven, NY
Suffolk County
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Table of Contents
Table of Contents
This article shall apply to materials not otherwise covered in this chapter which are highly flammable or which may react to cause fires or explosions or which, by their presence, create or augment a fire or explosion hazard or which, because of their toxicity, flammability or liability to explosion, render fire fighting abnormally dangerous or difficult, and also to flammable liquids which are chemically unstable and which may spontaneously form explosive compounds or undergo spontaneous reactions of explosive violence or with sufficient evolution of heat to be a fire hazard. Hazardous chemicals shall include such materials as flammable solids, corrosive liquids, radioactive materials, oxidizing materials, potentially explosive chemicals, highly toxic materials and poisonous gases, as defined in § 30-90. In addition, this article shall include all materials listed in both Parts 112 and 261 of Title 40 of the Code of Federal Regulations.
As used in this article, the following terms shall have the meanings indicated:
CORROSIVE LIQUIDS
Includes those acids, alkaline caustic liquids and other corrosive liquids which, when in contact with living tissue, will cause severe damage of such tissue by chemical action or, in case of leakage, will materially damage or destroy other containers or other hazardous commodities by chemical action and cause the release of their contents or are liable to cause fire when in contact with organic matter or with certain chemicals. Corrosive liquids are those that have a pH less than four or greater than 10.
FLAMMABLE SOLID
Includes a solid substance, other than one classified as an explosive, which is liable to cause fires through friction, through absorption of moisture, through spontaneous chemical change or as a result of retained heat from manufacturing or processing.
HIGHLY TOXIC MATERIAL
A material so toxic to man as to afford an unusual hazard to life and health during fire-fighting operations or during an unintended release of said material into the environment. Examples are parathion, TEPP (tetraethyl phosphate), HETP (hexaethyl tetraphosphate) and similar insecticides and pesticides.
OXIDIZING MATERIAL
Includes substances such as chlorates, permanganates, peroxides or nitrates that yield oxygen readily to stimulate combustion.
POISONOUS GAS
Includes any noxious gas of such nature that a small amount of the gas, when mixed with air, is dangerous to life. Examples are chlorpicrin, cyanogen, hydrogen cyanide, nitrogen peroxide and phosgene.
POTENTIALLY EXPLOSIVE CHEMICAL
Includes any chemical substance, other than one classified as an explosive or blasting agent, which has a tendency to be unstable and which can be exploded by heat or shock or a combination thereof.
RADIOACTIVE MATERIAL
Includes any material or combination of materials that spontaneously emits ionizing radiation.
SEALED SOURCE
A quantity of radiation so enclosed as to prevent the escape of any radioactive material but at the same time permitting radiation to come out for use.
A. 
A permit shall be required for the storage or handling of more than 55 gallons of corrosive liquids; or more than 100 pounds of oxidizing materials; or more than 10 pounds of organic peroxides; or more than 500 pounds of nitromethane; or 1,000 pounds or more of ammonium nitrate, ammonium nitrate fertilizers and fertilizer mixtures covered in § 30-95D; or any amount of highly toxic material or poisonous gas.
B. 
A permit shall be required for the storage or handling at any installation of more than one microcurie of radium not contained in a sealed source or more than one millicurie of radium or other radioactive material in a sealed source or sources or any amount of radioactive material for which a specific license from the United States Atomic Energy Commission is required in accordance with nationally recognized good practice.
C. 
Every permittee shall display on the premises storing, handling, manufacturing or using commodities within the scope of this article approved warning signs/symbols at all entrances to such premises, as directed by the Chief Fire Marshal.
A. 
The manufacture, storage, handling and use of hazardous chemicals shall be safeguarded with such protective facilities as public safety requires.
B. 
The Chief Fire Marshal may require the separation or isolation of any chemical that, in combination with other substances, may bring about a fire or explosion or may liberate a flammable or poisonous gas. The Chief Fire Marshal may require separation from other storage, occupancies or buildings when the quantity stored constitutes a material hazard.
C. 
The manufacture, storage, handling and use of hazardous chemicals and materials shall be in accordance with the appropriate standards of the NFPA, except that more restrictive requirements, as specified in this article, shall take precedence over any NFPA requirements.
D. 
The Chief Fire Marshal may require the submission of additional documentation relating to the physical and chemical properties of hazardous chemicals and materials.
E. 
The management or owner of any building or facility wherein hazardous chemicals or materials are stored or handled shall submit an inventory of such chemicals or materials at least annually or whenever the quantity of the same shall change substantially.
F. 
Only chemicals or materials listed in the inventory required in Subsection E above shall be stored or handled unless the Chief Fire Marshal has first given written permission for the storage or handling of additional chemicals or materials.
Packaged oxidizing materials shall be stored in dry locations and separated from stored organic materials. Bulk, oxidizing materials shall not be stored on or against wooden surfaces.
A. 
Durable, clearly visible signs warning of radiation dangers shall be placed at all entrances to areas or rooms where radioactive materials are used or stored. In addition, each container in which radioactive materials are used, stored or transported shall bear a durable, clearly visible, appropriate warning sign. Such signs shall bear the three-bladed radiation symbol in magenta or purple on a yellow background in accordance with nationally recognized good practice.
B. 
When not in use, radioactive materials shall be kept in adequately shielded fire-resistant containers of such design that the gamma radiation will not exceed 200 milliroentgens per hour or equivalent at any point of readily accessible surface.
A. 
Explosives and blasting agents shall not be stored in the same building or in close proximity to potentially explosive chemicals.
B. 
Organic peroxides.
(1) 
A detached, well-isolated, ventilated and unheated storage building constructed with walls having a fire-resistance rating of not less than two hours, a noncombustible floor and lightweight insulated roof shall be provided for the storage of 50 pounds or more of organic peroxides. If not adequately protected by a fast-acting deluge-type automatic sprinkler system, the storage building shall be located the following minimum distances from flammable liquid storage, combustible materials in the open and from any other building or highway:
Weight of Organic Peroxide
(pounds)
Distance
(feet)
50 to 100
75
100 to 500
100
500 to 1,000
125
1,000 to 3,000
200
3,000 to 5,000
300
(2) 
The organic peroxides shall be stored in the original shipping containers (Interstate Commerce Commission containers). Care shall be taken to avoid rough handling or contamination of these chemicals. Readily legible warning signs and placards shall be prominently placed in the storage and processing areas.
C. 
Nitromethane.
(1) 
A suitable isolated outdoor storage area shall be provided for nitromethane. Hazardous processing shall not be permitted in the vicinity of this storage area. Nitromethane shall be stored in drums in which it is received or in an underground tank with suitable corrosion protection and a minimum of two feet of earth over the tank or in barricaded tanks above ground. If the drum storage is not adequately protected by a fast-acting deluge-type automatic sprinkler system, the storage of 2,000 pounds or more shall be located the following minimum distances from inhabited buildings:
Approximate Weight
(pounds)
Number of Drums
Distance
(feet)
Beginning at 2,000
4
100
Over 2,000 to 10,000
20
200
Over 10,000 to 20,000
40
300
Over 20,000 to 40,000
80
400
Over 40,000 to 80,000
160
500
(2) 
Care shall be taken to avoid rough handling or contamination of this chemical. Readily legible warning signs and placards shall be prominently placed in the storage and processing areas.
D. 
Ammonium nitrate.
(1) 
Each storage pile of bags or other authorized packages and containers of such materials shall not exceed 12 feet in height, 12 feet in width and 30 feet in length. Such pile units shall be separated by a clear space of not less than 36 inches in width from the base to the top of the piles, serving as cross aisles. At least one service or main aisle in the storage area shall be not less than four feet in width. A clearance of not less than 30 inches shall be maintained from building walls and partitions and of not less than 36 inches from ceilings or roof structural members, with a minimum of 18 inches below sprinklers.
(2) 
Ammonium nitrate storage areas shall be separated by a space of 30 feet or by a tight noncombustible partition from storages of organic chemicals, corrosive liquids, compressed gases, flammable and combustible materials or other contaminating substances such as sulphur, coal, flour and metallic powders such as zinc, copper and magnesium where storage of such materials is permitted with ammonium nitrate.
(3) 
Quantities of ammonium nitrate or ammonium nitrate fertilizer, having no organic coating, in the form of crystals, flakes, grains or prills, including fertilizer grade, dynamite grade, nitrous oxide grade and technical grade ammonium nitrate and ammonium nitrate phosphate (containing 60% or more ammonium nitrate by weight) of more than 50 tons' total weight shall be stored in a well-ventilated building of fire-resistive or noncombustible construction or in buildings of other types of construction equipped with an approved automatic sprinkler system. In populated areas, quantities of 2,500 tons or more shall be stored in well-ventilated buildings of fire-restrictive or noncombustible construction equipped with an approved automatic sprinkler system, and no combustible materials or ammonium nitrate sensitizing contaminants shall be stored in this building.
(4) 
Storage of ammonium nitrate, coated or mixed with organic anticaking materials, except compounded blasting agents, shall not be permitted in populated and congested areas. Outside such areas, quantities of 500 tons or less may be stored in well-ventilated buildings of fire-resistive or noncombustible construction equipped with an approved automatic sprinkler system.
A. 
Highly toxic materials shall be segregated from other chemicals and combustible and flammable substances by storage in a room or compartment separated from other areas by walls and floor and ceiling assemblies having a fire-resistance rating of not less than two hours. The storage room shall be provided with adequate natural or mechanical ventilation to the outside atmosphere. The floor of said room shall be impermeable to the materials being stored within.
B. 
Legible warning signs and placards stating the nature and location of the highly toxic material shall be posted at all entrances to areas where such materials are stored or used.
A. 
Storage of poisonous gases shall be in rooms of at least one hour's fire-resistant construction and having natural or mechanical ventilation adequate to remove leaking gas. Such ventilation shall not discharge to a point where the gases may endanger any person.
B. 
Legible warning signs stating the nature of hazard shall be placed at all entrances to locations where poisonous gases are stored or used.
Satisfactory provisions shall be made for containing and neutralizing or safely flushing away leakage of corrosive liquids which may occur during storage or handling.
[1]
Editor's Note: Former § 30-98.1, Penalties for offenses, was repealed 5-21-1991 by L.L. No. 2-1991, effective 5-28-1991.