City of Rochester, NY
Monroe County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Rochester City Council 11-25-1941. Amendments noted where applicable.]
GENERAL REFERENCES
Fire Prevention Code — See Ch. 54.
A. 
No person, firm, association or corporation shall install, use or operate or permit or cause to be installed, used or operated any electrically controlled heating apparatus, except portable oil stoves, which shall use as fuel any substance any part of which shall consist of any liquid mixture, substance or compound derived from petroleum without first having obtained from the Commissioner of Neighborhood and Business Development a permit for the installation, use or operation of the same.
[Amended 12-24-1946; 1-23-1968 by Ord. No. 68-18; 6-27-1985 by Ord. No. 85-263; 6-16-2009 by Ord. No. 2009-179]
B. 
A permit shall not be issued for the installation of an oil burner unless it is of a type approved by the Underwriters' Laboratories, Inc.
[Amended 1-23-1968 by Ord. No. 68-18; 6-27-1985 by Ord. No. 85-263; 2-14-2006 by Ord. No. 2006-22; 6-16-2009 by Ord. No. 2009-179]
The Commissioner of Neighborhood and Business Development, as a condition to granting the said permit, may require applicants to give him or her such information by statement, affidavit or otherwise, as he or she may require, as to installation, use or operation of the said heating apparatus.
A. 
The installation of oil burners, tanks, vents, valves, fills, feed lines and all equipment connected therewith shall be in a manner approved by the Commissioner of Neighborhood and Business Development. The electrical service to the oil burner shall be on a branch circuit independent of any other branch circuit.
[Amended 9-28-1965; 1-23-1968 by Ord. No. 68-18; 6-27-1985 by Ord. No. 85-263; 6-16-2009 by Ord. No. 2009-179]
B. 
All provisions of the Building Code applicable to such installation shall be complied with.
C. 
Upon approval of installation, the Commissioner of Neighborhood and Business Development shall place a label of approval on said burner.
[Amended 1-23-1968 by Ord. No. 68-18; 6-27-1985 by Ord. No. 85-263; 6-16-2009 by Ord. No. 2009-179]
A. 
All dealers in oil burners shall promptly report the sale thereof to the Commissioner of Neighborhood and Business Development.
[Amended 1-23-1968 by Ord. No. 68-18; 6-27-1985 by Ord. No. 85-263; 6-16-2009 by Ord. No. 2009-179]
B. 
No dealer in fuel oil shall deliver fuel oil for use in any electrically controlled heating apparatus for which a permit has not been obtained under this chapter.
[Amended 12-24-1946]
Fuel used in heating apparatus, for the installation, use or operation of which a permit is required by this chapter, shall be such as does not emit a flammable vapor below a temperature of 100º F. when tested in a Pensky-Martens closed flash tester or in a Tagliabue closed tester.
[Amended 5-24-1955; 1-23-1968 by Ord. No. 68-18; 2-10-1981 by Ord. No. 81-45; 2-14-2006 by Ord. No. 2006-22; 6-16-2009 by Ord. No. 2009-179]
A. 
The fuel used in the heating apparatus for which a permit is required by this chapter shall be kept and stored in not more than two tight metal or concrete tanks which shall be located not less than five feet from the heating plant and the oil burner and shall have a capacity of not more than 275 gallons each unless buried below the level of the basement floor or completely surrounded by a thickness of not less than one foot of earth, sand, concrete, or similar heat-insulating materials. The Commissioner of Neighborhood and Business Development may, however, grant permission to install and maintain tanks outside of a building when in his or her opinion no hazard will be created thereby and provided that such tanks are installed and maintained under such conditions as he or she may impose.
B. 
The oil receptacles shall be so arranged as to prevent gravity flow to the burners unless they are equipped with automatic safety valves approved by the Commissioner of Neighborhood and Business Development. When more than one tank is installed, connections between tanks and the apparatus shall be made by means of three-way valves approved by the Commissioner of Neighborhood and Business Development.
When the fuel mentioned in this chapter is stored in a tank within the building, there shall be no artificial light other than incandescent light in the room where and when such tank is being filled.
[Amended 1-23-1968 by Ord. No. 68-18; 4-13-1971 by Ord. No. 71-206; 2-10-1981 by Ord. No. 81-45; 6-16-2009 by Ord. No. 2009-179]
The Commissioner of Neighborhood and Business Development shall require the payment of the fee of $3 for the issuing of the permits required by this chapter.
[Amended 9-28-1965; 7-22-1969 by Ord. No. 69-329]
Any person or corporation violating any of the provisions of this chapter shall, upon conviction, be punishable by a fine not exceeding $150 or by imprisonment not exceeding 15 days, or by both such fine and imprisonment, or by a penalty of not less than $25 nor more than $500 to be recovered by the City of Rochester in a civil action.