A. 
Application of article. The provisions of this article shall apply to all uses of liquefied petroleum gas and installation of all apparatus, piping and equipment pertinent to systems for such uses.
B. 
Deviations. Deviations from the appropriate standards of the NFPA or the provisions of this article as otherwise prescribed, when it shall have been conclusively proven to the Chief Fire Marshal that such deviations meet the performance requirements of this article, shall constitute compliance with this article.
As used in this article, the following items shall have the meanings indicated:
APPLIANCES
Includes all gas-burning appliances for use with liquefied petroleum gas.
LIQUEFIED PETROLEUM GAS EQUIPMENT
Includes all apparatus, appliances, piping and equipment pertinent to the use of liquefied petroleum gas.
LIQUEFIED PETROLEUM GAS SYSTEM
An assembly consisting of one or more containers with a means for conveying liquefied petroleum gas from the container(s) to dispensing or consuming devices, either continuously or intermittently, and which incorporates components intended to achieve control of quantity, flow, pressure or state, either liquid or vapor.
QUALIFIED PERSONNEL
Qualified persons holding a certificate of fitness issued by the Chief Fire Marshal of the Town of Brookhaven.
A. 
Plans.
(1) 
Plans for all new fixed liquefied petroleum gas installations in excess of 100 gallons' water capacity must be submitted to the Chief Fire Marshal's office for approval prior to installation. The plan shall be a plot plan showing locations of buildings and property lines and all pertinent dimensions and including the proposed location of containers, vaporizers and equipment, with the capacities in gallons of water capacity and descriptions thereof, submitted in duplicate. Acceptance of plans for installation does not relieve the applicant from meeting requirements of any other law or local law of any other authority having jurisdiction.
[Amended 9-20-2001 by L.L. No. 27-2001, effective 9-24-2001]
(2) 
The installation of containers or tanks in excess of 100 gallons' water capacity shall require the issuance of written permission by the Chief Fire Marshal.
(3) 
All underground liquefied petroleum gas tanks and piping are to remain uncovered until the installation is approved by the Chief Fire Marshal.
(4) 
No liquefied petroleum gas system which requires written permission of the Chief Fire Marshal shall be utilized until an inspection of the same has been made by the Division of Fire Prevention and an appropriate certificate of compliance has been issued, except when the total aggregate capacity is 200 gallons' water capacity or less.
(5) 
All containers shall be installed so that all pertinent numbers and test dates are at all times legible and readily visible whenever possible.
(6) 
Any change of liquefied petroleum gas equipment from one company to another shall require the submission of plans for approval by the Chief Fire Marshal prior to such change of companies.
B. 
Temporary heat location reports. Every installation of liquefied petroleum gas used for temporary heat must be reported to the Chief Fire Marshal prior to installation.
A. 
All equipment shall be installed and maintained in conformity with the rules and regulations of the Chief Fire Marshal of the Town of Brookhaven and the appropriate standards of the NFPA. It shall be unlawful to install, service, handle or offer for sale, in any form, liquefied petroleum gas and related equipment that does not conform to the rules and regulations of the Chief Fire Marshal of the Town of Brookhaven and the appropriate standards of the NFPA.
B. 
No person, firm or corporation, except the owner or those authorized by the owner to do so, shall sell, fill, refill, deliver or permit to be delivered or use in any manner any liquefied petroleum gas container for any gas or compound or for any other purpose whatsoever. Only containers designed for liquefied petroleum gas may be filled with liquefied petroleum gas. Filling of liquefied petroleum gas containers with any other gas or compound is prohibited.
C. 
Cylinders used for liquefied petroleum gas shall be painted white, silver or other light-reflecting color as approved by the Chief Fire Marshal. It shall be unlawful for any supplier to refill any container that has been painted any other color.
D. 
The gas supplier shall have the right to refuse to fill any container that does not fully conform to all provisions of the Town of Brookhaven Fire Prevention Local Law or one that has been involved in a fire or is burned or scorched.
E. 
Replacement of parts on containers, regulators or related equipment shall be made by qualified personnel only.
F. 
Peening of weld leaks is prohibited.
G. 
Tanks, cylinders or other storage vessels which previously contained gases other than liquefied petroleum gas, such as but not limited to freon, acetylene or hydrogen, shall not be revalved and used for liquefied petroleum gases.
A. 
Portable vapor withdrawal cylinders with water capacities greater than 2 1/2 pounds which are or will be owned by the user or intended user are not to be filled or refilled unless the cylinder has been properly tested or requalified in accordance with United States Department of Transportation regulations and has attached thereto a warning label approved by the Chief Fire Marshal. Cylinder(s) shall not be released to the owner or his representative by the seller or refiller until it has been determined that the cylinder has not been filled beyond acceptable limits (42% of its water weight capacity), is free of leaks and is safe for use or continued use.
B. 
Containers, except those use in liquid withdrawal service up to and including 40 pounds' propane capacity, shall be checked for leaks immediately after filling. The test will be done by a qualified person who has a certificate of fitness by checking each connection with a soap-water solution or by total submersion in a water-filled container. Should a leak exist, the container shall be emptied immediately and marked with paint or indelible marker or other suitable means to positively identify a container that leaks. A leaking container shall not be transported from the filling site while it contains any product, either liquefied or vapor.
C. 
All portable Department of Transportation and Interstate Commerce Commission containers shall have the date of manufacture permanently stamped on the collar; if permanently attached, on the cylinder; and, in the case of containers more than 12 years old, shall have the date of the most recent inspection, month/year, marked on the collar or cylinder.
D. 
Every person, firm or corporation offering filled liquefied petroleum gas cylinders for sale or resale shall have a certified scale on the premises to ensure that each portable cylinder containing liquefied petroleum gas has not been filled beyond its safe capacity. Each such cylinder shall be weighed before delivery to the purchaser to ensure that the cylinder is not filled beyond acceptable limits.
E. 
Container storage forbidden.
(1) 
No container of liquefied petroleum gas, either in use or in storage, will be permitted inside or on the roof or balcony of any occupied building or in or on any construction attached to an occupied building, except as permitted in Subsections F and G below.
(2) 
Industrial lift trucks will comply with the provisions of the appropriate standards of the NFPA.
(3) 
Storage of containers must be outside the building, at least 25 feet from any building. Storage is to be in either a noncombustible top and bottom vented structure or surrounded by a substantial metal fence enclosure, such enclosure to be adequately secured against access by unauthorized persons.
F. 
Department of Transportation specification cylinders with a maximum water capacity of 2 1/2 pounds, used with completely self-contained hand torches and similar applications, may be stored or displayed in a building frequented by the public. The quantity of liquefied petroleum gas shall not exceed 200 pounds.
G. 
Temporary or emergency use of liquefied petroleum gas equipment in occupied or unoccupied buildings shall be approved by the Chief Fire Marshal prior to use. Any tank used inside any building shall be equipped with an excess flow valve to shut off the flow of gas if a hose or connector is severed.
The Chief Fire Marshal shall establish standard rules and regulations as to the location of all containers installed for the purpose of transferring liquefied petroleum gas from one container to another. These rules and regulations shall prevent the establishment or proliferation of said facilities in congested areas or adjacent to important buildings or those with a moderate or high life hazard.
A. 
Permit required. Locations where propane is sold, stored for rental or resale and/or transferred from one vessel to another must secure a permit to operate from the Chief Fire Marshal of the Town of Brookhaven.
B. 
Application for permit. Applications for permits shall be made to the Chief Fire Marshal on forms provided and shall include the applicant's answers in full to inquiries set forth on such forms. Applications for permits shall be accompanied by such data as may be required by the Chief Fire Marshal and fees as may be required by the Town of Brookhaven.
C. 
Review and issuance. The Chief Fire Marshal shall review all applications submitted, determine compliance with applicable provision of the code and issue permits as required. If an application for a permit is rejected by the Chief Fire Marshal, he shall advise the applicant of the reasons for such rejection.
D. 
Display of permits. A copy of the permit shall be posted or otherwise readily accessible at each place of operation or carried by the permit holder, as specified by the Chief Fire Marshal.
E. 
Permits shall be given full force and effect for a period of one year.
[Amended 11-20-1990 by L.L. No. 24-1990, effective 11-26-1990; 7-24-2001 by L.L. No. 19-2001, effective 7-27-2001; 3-25-2014 by L.L. No. 4-2014, effective 4-1-2014]
A. 
The transportation of liquefied petroleum gas cylinders, either empty or full, is prohibited in the trunk of any passenger vehicle.
B. 
Cylinders larger than 10 gallons’ water capacity or an aggregate in excess of 25 gallons’ water capacity shall not be transported in cars, vans or any type of enclosed vehicle or in the enclosed area of any vehicle.
C. 
Every person, firm or corporation, whose main or corporate offices are located in the Town of Brookhaven, that uses or causes the use of a motor vehicle, tank truck, tank semi-trailer or tank truck trailer for the transportation of liquefied petroleum gas for the purpose of delivery within the Town of Brookhaven shall maintain an emergency response plan. This plan shall include not more than two telephone numbers for notification that will be available every day and at all times to a person, firm, corporation’s customers, the Division of Fire Prevention, the Fire and Police Departments and the general public. Said plan shall ensure that a qualified service person will be at the location of any reported liquefied petroleum gas leak not more than one hour after notification. Failure to maintain said plan, or failure to have a qualified service person at the reported location of a leak within one hour of notification, shall be a violation of this section.
A. 
Certificates of fitness required. Except as set forth in Subsection M below, any person filling containers at locations where liquefied petroleum gas is sold and/or transferred from one vessel into another shall hold a valid certificate of fitness issued by the Chief Fire Marshal. Such certificate is subject to revocation by the Chief Fire Marshal at any time where the certificate holder displays evidence of noncompliance with the provisions of this article.
[Amended 7-24-2001 by L.L. No. 19-2001, effective 7-27-2001]
B. 
Application. All applications for a certificate of fitness shall be filed with the Chief Fire Marshal on forms provided by the Chief Fire Marshal and accompanied by the applicable fees.
C. 
Proof of qualifications. Every person applying for a certificate of fitness shall furnish satisfactory proof to the Chief Fire Marshal that he is familiar with materials, formulas, tools, techniques, standards, laws, local laws, recognized good practices, safety precautions and manufacturer's recommendations pertaining to the particular system, materials, devices or operations he will be involved with and for which the certificate of fitness is issued. He shall further prove that he is physically competent to perform any and all actions necessary or incidental to the operation for which the certificate of fitness is issued.
D. 
Investigation and examination. The Chief Fire Marshal shall investigate every new application for a certificate of fitness. The investigation shall include a written examination regarding the use, makeup and handling of liquefied petroleum gas, and such examination shall include a practical test. When the Chief Fire Marshal determines that the applicant conforms to all the requirements of this article, he shall issue the certificate of fitness.
E. 
The certificate of fitness shall be given full force and effect for a period of three years.
F. 
Refusal of certificate of fitness. When the Chief Fire Marshal determines that a candidate has failed an examination for a certificate of fitness, he shall refuse to issue the certificate of fitness. Any applicant may not apply again for the certificate of fitness within a ten-day period following the examination.
G. 
Transferability. A certificate of fitness shall not be transferable.
H. 
Renewal of certificate of fitness. Applications for renewal of a certificate of fitness shall be filed in the same manner as an application for an original certificate. Each such application shall be accompanied by applicable fees. The granting of a renewal of a certificate of fitness shall be accomplished in the same manner as for an original certification of fitness, except that any person continuously engaged in any activity for which a certificate of fitness is required will not, upon renewal, be required to take a written examination.
I. 
Certificates of fitness issued. A certificate of fitness will be required of any person performing the following activities:
(1) 
Filling containers permanently located and installed outdoors and equipped with appurtenances for filling by a cargo vehicle at consumer sites.
(2) 
Selling liquefied petroleum gas or transferring liquefied petroleum gas from one vessel into another.
J. 
Change of address. Each person holding a certificate of fitness shall notify the Chief Fire Marshal, in writing, of any change in his business, residential or other notification address within 10 days after such change. Failure on the part of a person to give such notification shall constitute grounds for revocation of said certificate of fitness.
K. 
Contents of certificate of fitness. A certificate of fitness issued by the Chief Fire Marshal shall be in the form of an identification card. Said card shall contain the following information to be valid:
(1) 
The purpose for which the certificate of fitness has been issued.
(2) 
The date of certificate of fitness issuance and the date of expiration.
(3) 
Other information as may be necessary to properly identify the person to whom the certificate of fitness is issued.
(4) 
The signature of the person to whom the certificate of fitness is issued.
(5) 
The name and signature of the Chief Fire Marshal who issued the certificate of fitness or the Chief Fire Marshal's name and the countersignature of his designated representative.
(6) 
Printed thereon, in bold type, the following: "THIS CERTIFICATE DOES NOT EXCLUSIVELY RECOMMEND THE BEARER."
L. 
Requirement to display certificate of fitness. Any person to whom a certificate of fitness has been granted in conformance with this article shall, upon request, produce and show proper identification and his certificate of fitness to anyone for whom he seeks to render his services or to the Chief Fire Marshal.
M. 
A certificate of fitness, as otherwise required by this section, shall not be required for any person selling, filling or delivering liquefied petroleum gas who is the holder of a valid commercial driver's license with a hazardous material endorsement.
[Added 6-19-2001 by L.L. No. 17-2001, effective 6-25-2001]
Any incident involving liquefied petroleum gas, including but not limited to leaks, fires, explosions or any other accidental discharge into the atmosphere in excess of 8.5 cubic feet (one pound propane) must be reported to the Chief Fire Marshal by the responsible party or his representative. The initial report may be made by telephone and followed by a written report. Under no circumstances shall a report be filed later than 24 hours after the incident.
[1]
Editor's Note: Former § 30-109, Penalties for offenses, was repealed 5-21-1991 by L.L. No. 2-1991, effective 5-28-1991.
The storage, handling, installation, use and transfer of liquefied petroleum gas 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.