Exciting enhancements are coming soon to eCode360! Learn more 🡪
Town of North Hempstead, NY
Nassau County
By using eCode360 you agree to be legally bound by the Terms of Use. If you do not agree to the Terms of Use, please do not use eCode360.
Table of Contents
Table of Contents
For the purpose of this article, the terms used herein are defined as follows:
FUEL OIL
Any liquid used as fuel and having a flash point of not less than 110º F. For the purpose of making a test of such "fuel oil," the Pensky-Martens closed cup tester shall be authoritative. The test shall be made in accordance with the methods of the test adopted by the American Society of Testing Materials.
GAS BURNERS
Any device designed and arranged for the purpose of burning gas as specified in § 2-58 of this article except gas burners used for cooking purposes and gas clothes dryers.
GAS FUEL
Any combustible gaseous mixture used as fuel.
GEOTHERMAL SYSTEM
Any system designed and operated for purposes of transferring heat between the ground and the structure's heating and cooling systems via nontoxic liquid circulating through a closed loop system of buried pipes or tubing.
[Added 5-13-2014 by L.L. No. 6-2014; amended 7-15-2014 by L.L. No. 11-2014]
OIL HEATING BURNERS
Any device designed and arranged for the purpose of burning oil or preparing to burn fuel oil as specified in § 2-58 and having a tank or container with a capacity for more than 20 gallons connected thereto.
A. 
It shall be unlawful for any person, firm, corporation or their agents governed by this article to install or cause to be installed any heating burner, unless said burner shall have been approved by the Chief Building Inspector of the Town of North Hempstead, and a permit for such installation has been issued in accordance with § 2-49M of this article, and the rules, regulations or ordinances of the County of Nassau, Town of North Hempstead and the National Board of Fire Underwriters.
B. 
Application for such approval shall be made on forms furnished by the Building Department and shall be accompanied by blue prints or diagrams showing construction of the device, indicating moving parts, oil passages, gas passages and air passages and also by a report issued by the Underwriters' Laboratories of the National Board of Fire Underwriters.
C. 
The Chief Building Inspector of the Town of North Hempstead shall, within 30 days of the filing of the above application, issue a certificate of approval or disapproval as provided according to the provisions of this article.
D. 
The said Chief Building Inspector of the Town of North Hempstead shall approve any heating burner listed by the Underwriters' Laboratory or any other nationally recognized inspection board or laboratory. Heating burners not listed by the Underwriters' Laboratory or other nationally recognized inspection board or laboratory shall not be approved until they have been inspected by the Chief Building Inspector of the Town of North Hempstead. This test shall cover arrangements of parts, suitability of material, strength of parts, electrical control, thermostatic arrangement, reliability of automatic features, positiveness of ignition and safeguards against flooding. In case the Chief Building Inspector aforesaid does not feel that he is competent to make the above test, he is hereby authorized to require the applicant to submit a report from a recognized laboratory.
E. 
With a certificate of disapproval, the said Chief Building Inspector of the Town of North Hempstead aforesaid shall issue to the applicant and to the manufacturer of the device a clear, concise statement as to the reason or reasons for disapproval.
F. 
New applications made after the issuance of a certificate of disapproval shall not be made until 90 days from date of issuance of said certificate.
G. 
New applications shall be accompanied by a clear, concise statement giving reasons for reconsideration, based on information received with certificate of disapproval.
H. 
The said Chief Building Inspector of the Town of North Hempstead aforementioned shall act on new applications as specified in Subsections B, C and D of this section.
I. 
A filing fee shall be paid in accordance with the Town of North Hempstead Fee Schedule with each and every application.
[Amended 10-22-1974 by L.L. No. 9-1974; 4-11-2006 by L.L. No. 5-2006]
J. 
Heating equipment. For the purpose of this article, "heating equipment" shall consist of all equipment connected to a heating burner and located within the building, including oil-fired hot-water heaters and necessary water connections for domestic hot water, boiler water feed, safety and functional devices, internal and external supply of storage tanks, and provisions for filling and venting same, piping, wiring and all accessories. Approved equipment shall mean approval by some nationally recognized laboratory.
K. 
Each existing dwelling and each dwelling hereafter constructed in the Town of North Hempstead shall contain a central heating system designed to maintain a minimum temperature of 70º F. in every room in such dwellings.
L. 
Any owner violating the provisions of the aforesaid subsections shall immediately comply with said subsections within 30 days after written notice thereof shall be served either personally or by registered or certified mail upon said owner.
[Amended 9-26-1978 by L.L. No. 3-1978]
M. 
Permit to install heating equipment. Any person, firm, corporation or their agents may install, or cause to be installed, heating equipment in connection with any heating burner on which a certificate of approval has been issued by the Chief Building Inspector, in accordance with the provisions made in this article, provided such person, firm, corporation or their agent shall make application to the Chief Building Inspector for a permit to install the same, and such permit shall have been granted by said Chief Building Inspector. At the time of the application for such permit to install or replace, or cause to be installed or replaced in any particular premises, such heating equipment, there shall be paid to the Chief Building Inspector the sum of $5. It is understood that this permit is issued for the installation of heating equipment as defined herein only, and does not carry with it permission to do plumbing work of any other kind. If water connections, hot-water boilers or any other kind of plumbing work is required on the job it will be necessary to employ a plumber licensed in the Town of North Hempstead. Any installation must be inspected by a representative of the Chief Building Inspector of the Town of North Hempstead.
[Added 5-13-2014 by L.L. No. 6-2014]
A. 
It shall be unlawful for any person, firm, corporation or their agents governed by this article to install or cause to be installed any geothermal system, unless said geothermal system shall have been approved by the Chief Building Inspector of the Town of North Hempstead, and a permit for such installation has been issued in accordance with § 2-49M of this article, and the rules, regulations or ordinances of the County of Nassau, Town of North Hempstead and the National Board of Fire Underwriters.
B. 
All systems must be of the type known as a "closed loop system" and may not make use of either groundwater or surface water.
[Amended 7-15-2014 by L.L. No. 11-2014]
C. 
Applications for permits to install geothermal systems shall be made, in writing, to the Building Department on a form provided by the Building Department for that purpose, and shall include plans stamped by a professional engineer, registered architect or professional licensed land surveyor indicating the extent, location and depth of excavation and borings required for the installation of the systems underground components and the location of all underground utilities. Such application shall include such other information as may reasonably be required by the Building Commissioner to establish the compliance of the proposed work with the requirements of the applicable building laws, ordinances and regulations.
D. 
Applications shall be made in accordance with the requirements set forth in Subsections C and M of § 2-49.
E. 
A filing fee shall be paid in accordance with the Town of North Hempstead Fee Schedule with each and every application.
F. 
A final as-built survey indicating the location of underground components must be submitted before a certificate of approval will be issued.
A. 
Tanks shall be constructed of galvanized steel, open hearth steel or wrought iron of a minimum gauge United States Standard depending on capacity as given below:
Capacity
(gallons)
Minimum Gauge
1 to 560
12
560 to 1,100
10
1,100 to 4,000
7
4,000 to 12,000
1/4
B. 
For tanks of 1,100 gallons or more a tolerance of 10% in capacity may be allowed.
C. 
All joints shall be riveted and caulked, brazed, welded or made tight by some equally satisfactory process. Tanks shall be made tight and sufficiently strong to bear without injury, the most severe strains to which they may be subjected in practice. Shells of tanks shall be properly reinforced where connections are made. All connections shall be made through the top of the tank above the liquid level, except in tanks having a capacity of 275 gallons and less, where one connection may be made, not larger than one inch opening iron pipe size in the bottom of the tank. Such tanks shall be inspected before being covered.
D. 
Underground tanks shall be thoroughly coated on the outside with asphaltum or other suitable rust-resisting material, dependent upon the condition of the soil in which they are placed.
E. 
Inside and aboveground tanks and auxiliary tanks shall be coated with a good quality rust-resisting paint.
A. 
Inside storage gravity and auxiliary pressure tanks not enclosed in masonry or concrete shall be provided with securely attached, substantial incombustible supports, and be securely bolted to a cement floor or otherwise secured to avoid strains on piping, and shall not be located within seven feet, measured horizontally, from any fire or source of flame.
B. 
Tanks having a capacity of not more than 275 gallons each may be located in the cellar or basement above the floor level. No more than two such tanks shall be installed in connection with any one burner. Tanks of a capacity of 275 gallons and less may be used to supply oil to a burner by gravity, provided that there is a suitable automatic safeguard to prevent abnormal discharge of oil at the burner. When more than one storage tank is installed, such tanks shall be connected with the main feed pipe leading to the burner through a manually-operated three-way valve, so that not more than one tank can in any way discharge its contents at one time.
C. 
Storage tanks of over 275 gallons' individual capacity shall be placed in a protective enclosure having solid masonry walls not less than eight inches thick and of a dimension not less than 15 inches greater on all sides than the outside dimensions of the storage tanks. The walls of the enclosure shall be carried up to a height of not less than two feet above the top of the tank or to the ceiling where the ceiling is less than two feet above the top of the tank. A fireproof access door shall be installed in the enclosure above the point where the enclosure has a capacity equal to the largest tank installed, and for each additional 10 feet or fraction thereof by which the longest inside dimension of the enclosure exceeds 35 feet, an additional fireproof access door shall be similarly installed at one or more intervals of not less than 10 feet. Columns, pipes or similar obstructions may project into the required 15 inches of space within the enclosure, provided that access door or doors are so arranged that all portions of the enclosure are accessible. The ceiling above the tank enclosure shall be either fireproof or fire-retarded.
D. 
Storage tanks having a capacity greater than 275 gallons may be placed in the cellar or basement of any building, below the level of the floor, provided that they are so placed that the top of the tank is not less than 12 inches below the level of the floor and covered with not less than four inches of concrete.
E. 
Tanks outside of the building underground shall be located at least three feet from the wall of any building and at least three feet from any property line. They shall be so placed that the top of the tank is not less than two feet below the surface of the ground except that in lieu of the two-foot cover, the tank may be buried under 12 inches of earth and a cover of concrete at least six inches in thickness provided. Reinforcement shall extend 12 inches on the sides of the top of the tank.
F. 
Tanks of sixty-gallon capacity and less, may be under pressure, provided they shall be designed for six times the maximum working pressure. Working pressure shall not exceed 50 pounds per square inch, and shall be proved tight at twice the maximum working pressure. Pressure tanks shall be equipped with a reliable pressure gauge, and an automatic relief valve piped to a discharge by gravity to the storage tank.
G. 
No tanks shall be installed under sidewalks or highway.
A. 
All tanks shall have a separate vent pipe of ample size to prevent abnormal pressure in case of fire or when filling; in no case to be less than one-and-one-quarter-inch iron pipe size for tanks having a capacity of fifteen hundred (1,500) gallons. For tanks having a capacity of more than fifteen hundred (1,500) gallons, the vent pipe shall be at least two-inch iron pipe size.
B. 
The lower end of the vent pipe shall extend through the top of the tank for a distance of not more than one inch.
C. 
Vent pipes shall terminate outside of buildings at a point not less than two feet measured vertically or horizontally from any window or other building opening. Outer ends of vent pipes shall be provided with a weatherproof hood. Vent pipes shall terminate two feet above the ground to prevent their being obstructed with snow and ice. Ventpipes of tanks containing heaters shall be extended to a location where all vapors discharging from the vent shall be readily diffused without danger of ignition.
All filling pipes shall terminate outside of a building, and when installed in the vicinity of a door or building opening, shall be provided with a metal cover or cap which may be closed tight when not in use.
A. 
No oil tank used in connection with oil heating equipment shall be equipped with a glass gauge, or any gauge the breaking of which will permit the oil to escape from the tank.
B. 
Test wells shall not be located within the buildings. Test wells located outside of buildings shall be capped oiltight.
A. 
Standard full weight wrought iron, steel or brass pipe or copper tubing with substantial fittings shall be used, and shall be carefully protected against mechanical injury. In all piping systems, proper allowance shall be made for expansion and contraction, jarring and vibration. Flexible metallic tubing may be used to reduce the effect of jarring and vibration.
B. 
All threaded joints shall be tight and shall be made up with litharge and glycerin or equivalent pipe joint compound.
C. 
All piping shall be secured rigidly and protected from injury in a manner which is consistent with good practice.
A. 
All auxiliary pumps used for pumping oil from storage tank to auxiliary tanks shall be approved types. They shall be rigidly mounted.
B. 
Automatic pumps not an integral part of the oil heating burner shall be approved type, provided with automatic means for preventing a continuous discharge of oil in case of pipe breaking. They shall be rigidly mounted.
A. 
Readily accessible shutoff valves of approved type shall be installed in supply lines or source of supply near each burner and close to gravity and pressure supply tanks. Shutoff valves of approved type shall be installed on each side of oil strainers which are not a part of the oil burner unit, and on the discharge and suction side of oil pumps which pump directly to the burner but which are not a part of the burner unit.
B. 
Where design of the valve requires the use of a stuffing box, the stuffing box shall be of liberal size, containing supped gland designed to compress the packing against the steam, and arranged so as to facilitate removal. The use of packing affected by oil or heat is prohibited.
C. 
Where gravity feed is permitted, the oil supply line must be equipped with a quick-closing approved fusible fire valve placed near the burner.
D. 
Where tanks are located so that the top of the tank is above the level of the suction inlet of the pump supplying oil to the burner or the burner assembly, a siphon-breaking device, consisting of an antisiphon valve, a vacuum tank underwriters siphon breaker, siphon-breaking pump set or equivalent devices to prevent siphoning shall be installed.
A. 
Fireproofing. The clear distance between a hot air furnace hot water or low pressure steam boiler and combustible material, including plaster on combustible base, should not be less than four feet at the top or front, and not less than three feet at the sides and rear; provided that when the appliance is encased in brick or has an incombustible protective covering not less than 1 1/2 inches thick, such distance may be three feet at the top or front and two feet at the side and rear.
B. 
Smoke pipes. The smoke pipes shall not pass through any combustible partition. The clear distance between a smoke pipe or metal breeching and combustible material or construction, including plaster on combustible base, should be not less than 18 inches, provided that the clearance may be reduced to nine inches when the smoke pipe or breeching is protected with not less than one inch of asbestos or equivalent protection, or such combustible material or construction is protected by sheet metal or equivalent covering placed at least one inch from the surface to be protected and extending the full length of the smoke pipe and not less than 12 inches beyond it on both sides.
C. 
Fireproofing shall be made of wire lath and plaster or cement not less than 3/4 of an inch thick, or any suitable sheet rock or fireproof board approved by the Chief Building Inspector and shall be securely nailed to the beams.
D. 
Fireproofing shall extend from a brick chimney to a point not less than three feet forward of burner unit, and shall extend not less than three feet on both sides of boiler or furnace.
E. 
Burning equipment shall be provided with some means for manually, electrically or mechanically stopping the flow of oil or gas to the burner, from a conveniently located point at a safe distance from the burner. With electrically driven equipment this may be accomplished by a switch in the motor supply circuit, placed near the entrance to the room where the burner is located or at the head of the cellar stairs.
F. 
All oil heating burners subject to automatic ignition must be provided with a permanent automatic device, so designed that oil, upon being turned into the combustion chamber, will immediately become ignited or shut off.
G. 
All heating burners used in connection with hot water, steam or warm air heating systems shall be equipped with an automatic device to reduce or extinguish the fire in event of undue pressure or overheating within the boiler or furnace.
H. 
Electrical installations. All electrical installations used in connection with heating burners or heating equipment shall be installed in accordance with the National Electrical Code and a certificate of inspection obtained.
I. 
No heating burner shall be installed in any boiler or furnace unless said boiler or furnace is connected with a chimney having sufficient draft at all times to ensure the safe operation of the burner.
J. 
Hot water controls. No indirect heater or direct heater connected so as to heat water and heating burners in conjunction with hot water storage tanks for domestic use shall be installed unless an approved relief valve has been installed and inspected.
K. 
All boiler or furnace rooms shall be provided with adequate ventilation to assure continuous complete combustion.
L. 
No burner shall be used for other than test purposes until a certificate of compliance has been issued by the Chief Building Inspector. Application for such certificate must be accompanied by an electrical certificate of the Board of Fire Underwriters covering electrical installations in connection with said burner.
M. 
This article shall not apply in the case of the manufacturing plants, except for heating buildings or generating steam for power.
N. 
It shall be the duty of the Chief Building Inspector of the Town of North Hempstead to enforce the rules in a manner that is consistent with safety and good practice as determined by the Underwriters' Laboratories and the National Board of Fire Underwriters.
O. 
A printed copy of the rules and instructions of the manufacturers shall be conspicuously posted near the heating burner.
P. 
Violation of any of the provisions of this article or of any rules made thereunder will make the offender subject to the penalties of this ordinance, and in addition, no further permits for the installation of other burning equipment will be issued if a violation order exists against a previous installation.