Gasoline service stations; motor vehicle repair shops — See Ch. 136.
§ 133-1Purpose; applicability.
§ 133-2Definitions.
§ 133-3Permit required; application; fees; suspension or revocation.
§ 133-4Compliance with national standards required.
§ 133-5Tanks, pumps and piping.
§ 133-6Spillage and leakage.
§ 133-7Fuel delivery.
§ 133-8Fire control.
§ 133-9Emergencies.
§ 133-10General housekeeping.
§ 133-11Conversion to self-service facility.
§ 133-12Closing or abandoning of facility; change of use.
§ 133-13Enforcement.
§ 133-14Penalties for offenses.
This chapter is intended to regulate the storage and sale of gasoline and other flammable liquids within the village therein for the preservation of the public health, welfare and safety of the residents of the village and others and especially to avoid fire and other hazards that might otherwise exist in the storage, handling and sale thereof. It applies only to those facilities selling to the general public, commonly referred to as "retail facilities."
The following shall apply in the interpretation of this chapter:
- CLASS I LIQUIDS
- Include those liquids with a flashpoint below 100° F.
- CLASS II LIQUIDS
- Include those liquids with a flashpoint at or above 100° F. and below 140° F.
- FLAMMABLE LIQUID
- Any Class I or II liquid.
- GASOLINE SELF-SERVICE STATION
- A building, structure or tract of land used primarily for the dispensing of any Class I or Class II liquid to the general public by persons other than or in addition to the gasoline service facility owner or qualified attendant.
- GASOLINE SERVICE FACILITY
- Any person or organization which sells or offers for sale to the general public any Class I or Class II liquid, including but not limited to gasoline service stations, gasoline sales outlets, gasoline self-service stations and combination gasoline service/car wash facilities.
- QUALIFIED ATTENDANT
- A person completely instructed in the proper handling and control of all Class I and Class II liquid dispensing equipment on the premises of a gasoline service facility, including emergency procedures, and approved by said owner as qualified.
Any gasoline service facility storing and/or selling or offering to sell Class I or Class II liquids, above or below ground, must obtain a permit from the Village Clerk.
An application for a permit to store and/or sell Class I or Class II liquids must be approved by the Village Building Inspector before a permit may be issued by the Clerk.
The application for a permit shall be accompanied by a map or plan showing the location on the premises of any storage tanks for Class I or Class II liquids, shall describe the type of tank and product stored therein, the size and capacity of the tank and, in the case of in-ground tanks, a description shall be supplied of the color coding used to identify which vent piping relates to which in-ground tank.
A permit for the storage and/or sale of Class I and Class II liquids shall be renewed annually on or before January 1 of each year, and an annual fee shall be paid.
Annual fees for permits for the storage and/or sale of Class I or Class II liquids shall be as set by the Board of Trustees.
Noncompliance with the requirements of this chapter shall be sufficient cause for the suspension or revocation by the Building Inspector of any permit issued hereunder, in addition to any other penalties prescribed in this chapter.
Any person selling or offering for sale Class I or Class II liquids in the village must have his tanks and piping installed in accordance with the American Petroleum Institute Code, 1973, Pamphlet No. 1615 (hereinafter referred to as the "API Code"), and must otherwise operate his facility in accordance with the National Fire Prevention Association Code No. 30 of 1977 (hereinafter referred to as the "NFPA Code") and the provisions of this chapter. If there shall be any conflict between the API Code and this chapter or the NFPA Code and this chapter, the provisions of this chapter shall prevail.
Class I liquids shall be conveyed from an underground storage tank to the dispensing pump by means of a system of piping.
Underground storage tanks containing a Class I liquid having a maximum individual capacity of 10,000 U.S. gallons may be installed at gasoline service facilities. The maximum aggregate capacity at any gasoline service facility of underground storage tanks shall not exceed 30,000 U.S. gallons.
Leaking tanks, pumps or piping shall be repaired or replaced immediately, and it shall be within the discretion of the Building Inspector as to whether the station or facility must cease any or all operations while repairs or replacements are being made.
Pumps, fill boxes and vents used for gasoline, fuel oil, diesel fuel or kerosene shall be distinctly painted and lettered in accordance with the API Code or major oil company regulations.
Class II liquids shall be dispensed from tanks using equipment which meets the standards of the API Code. Said tanks shall be placed in locations which are remote from any exit or entrance to the premises.
The Building Inspector is authorized to order the owner or occupant of the premises having flammable liquid tanks located thereon to have such tanks or dispensing units and piping tested by methods prescribed by the Building Inspector to determine if such equipment is leaking, if the Building Inspector has a reasonable belief that such equipment may be leaking.
All tank installations must be supervised by a factory representative.
All tank removals must be supervised by the New York State Department of Environmental Conservation. This Department must be given at least 48 hours' notice prior to when a tank is to be removed. Any soil testing to be done will be at the expense of the owner.
There is to be no more than one gasoline tank truck delivering flammable liquids on the premises of a gasoline service facility at any one time. Before making any deliveries to underground tanks, the driver or other authorized person shall set the brakes of the truck and shall turn off the engine of the vehicle. Evertite or O.P.W. fill couplings or an equivalent must be used when unloading flammable liquids from the tank truck to the storage tank. The driver shall remain at the point of delivery to prevent spillage and overflow. In case of spillage or overflow, the Blasdell Fire Department and the Village Building Inspector shall be notified immediately.
Metal skirts around the fuel pumps must be removed at least once a week and checked for leakage of fuel.
In the event of accidental spillage or leakage of a flammable liquid in quantities of five U.S. gallons or greater, whether or not it may enter sewers, the Fire Department and Building Inspector shall be notified immediately.
A minimum of five one-hundred-pound bags of Stay-dry absorbent or equivalent must be kept on the premises at all times for flammable liquid spills and should be used for this purpose whenever possible, instead of flushing with water.
All tanks containing flammable liquids must be tested weekly for water infiltration and records kept on the premises showing the date, hour and results of such tests. When any test shows water present in the flammable liquid, the Building Inspector shall be immediately notified. Such water may not be removed until after notification of the Building Inspector.
Accurate daily inventory records shall be maintained and reconciled on all Class I liquids and diesel fuel storage tanks for indication of possible leakage from tanks or piping. The records shall be kept at the premises, available for inspection by the Building Inspector, and shall include, as a minimum, records showing, by product, daily reconciliation between sales, use, receipts and inventory on hand. If there is more than one tank system for any one product, the reconciliation shall be maintained separately for each tank system.
The fuel tank of a customer's motor vehicle shall not be filled until the vehicle's motor has been shut off.
Dispensing of Class I and Class II liquid may only be done into tanks designed for that purpose in motor vehicles or into metal safety fuel cans meeting the requirements and specifications of the Occupational Safety and Health Administration. The filling of glass or other breakable or porous containers with gasoline is prohibited.
On all deliveries to gasoline service facilities by suppliers of fuel, at least one qualified attendant must be present at the gasoline service facility.
There shall be at least one ten-pound fire extinguisher hung in the sales room of every gasoline service facility adjacent to an exit door and also at least one ten-pound fire extinguisher on each pump island. One twenty-pound fire extinguisher shall be in any working bay area. The extinguisher shall be capable of fighting Class A, B and C fires and must be approved by Underwriters' Laboratories Inc. All extinguishers are to be maintained in operating condition at all times and have valid inspection tags attached thereto. If an approved automatic fire extinguishing system has been provided, such ten-pound extinguishers at the pump islands may be dispensed with.
Gasoline self-service stations shall provide automatic fire-extinguishing systems, installed in conformity with nationally recognized good practices and approved by the Building Inspector. Where a station has total self-service or one or more self-service pumps and one or more full-service pumps within 30 feet of each other, all shall have an automatic fire-extinguishing system installed and approved by the Building Inspector. All new stations with self-service pumps shall have an automatic fire-extinguishing system operational before opening for business. Existing facilities with self-service pumps shall install such automatic fire-extinguishing systems within three months of the effective date of this chapter.
Gasoline service facilities having self-service pumps shall also be equipped with a voice communication system allowing the attendant on duty at such facility to be able to communicate with persons in the dispensing area.
No one under the age of 16 years old should dispense flammable liquids.
The name, address and telephone number of the service facility owner, lessee or station operator and the person to contact in the event of an emergency must be on file with the Building Inspector's office at all times.
Emergency Building Inspector's phone numbers, such as the Fire Department, Police Department and the ambulance, shall be posted in a conspicuous place by the phone at the gasoline service facility.
An instruction card shall be posted in each gasoline service facility, where it is plainly visible to employees, stating procedures that must be followed in an emergency, such as, but not necessarily limited to, a spillage of gasoline of five U.S. gallons or more, fire of any type and an auto or truck accident involving equipment of the gasoline service facility. Such instruction card shall direct that in such situations all electric power at the facility shall be shut off immediately and the Fire Department and Building Inspector shall be notified.
The main electric switch at all gasoline service facilities shall be plainly and prominently marked as such.
Rubbish, oil cans, tires, discarded motor vehicle parts and components and other waste materials may be temporarily stored in a completely fenced-in, opaque enclosure adjacent to the gasoline service facility building. The area of such enclosure shall not exceed 200 square feet. There shall be no storage at any time of any of the above-mentioned items outside of such enclosure.
All electric wiring, electric fixtures and other electrical equipment shall be maintained in first class condition. All existing wiring, materials, equipment and installations located in hazardous locations, as defined in Chapter 5 of the NFPA code, shall conform to the requirements of the code.
All drainage sumps, traps or interceptors shall be cleaned and maintained so as to ensure proper operation at all times.
Cleaning with gasoline or other Class I or Class II liquids shall not be permitted in or around the gasoline service facility.
Snow must be piled on a gasoline service facility site so that it does not interfere with internal circulation of motor vehicles, driver vision and parking.
Class I and Class II liquids shall not be stored or handled within a building having a basement or pit into which flammable vapors may travel, unless such area is provided with ventilation designed to prevent accumulation of flammable vapors therein.
No service facility shall operate, convert to or install self-service dispensing units without first obtaining a new permit from the Village Clerk as approved by the Building Inspector.
In the event that a gasoline service facility shall be closed or abandoned or the use of the premises changed so that it no longer functions as a gasoline service facility, the owner, lessee and/or flammable liquid supplier of said facility shall immediately remove all products from the storage tanks and, if the tanks are not removed, shall completely fill the tanks with an absorbent substance approved by the Building Inspector. Within one year after the aforesaid closing, abandonment and/or change of use of the gasoline service facility, said storage tanks must be removed from the premises.
Before starting removal of any storage tanks, the Building Inspector must be notified.
The following procedures must be followed in the removal of such storage tanks:
The contents of the tank must be pumped out prior to excavating.
Immediately after pumping out the contents of the tank and before removing it from the ground, a quantity of dry ice, sufficient to adequately reduce the vapor concentration, must be inserted into the tank. The ratio of dry ice to the gallon capacity of the tank to be removed shall be a minimum of 15 pounds of dry ice per 1,000 gallons of tank capacity.
Removal of the tank from the ground and also removal of the tank from the boundaries of the village must be completed the same day.
The Building Inspector of the village shall be responsible for the enforcement of this chapter.
A violation of this chapter shall be punishable by a fine of not more than $250 or by imprisonment for not more than 15 days, or by both such fine and imprisonment.
