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:
Includes all gas-burning appliances for use with liquefied
petroleum gas.
Includes all apparatus, appliances, piping and equipment
pertinent to the use of liquefied petroleum gas.
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 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.
(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:
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.
