This article shall apply to materials not otherwise
covered in the New York State Fire Prevention and Building Code or
Flammable Liquid Code which are highly flammable, or which may react
to cause fires or explosions, or which by their presence create or
augment a fire or explosion hazard, or which because of their toxicity,
flammability or liability to explosion render fire fighting abnormally
dangerous or difficult; also to materials and formulations which are
chemically unstable and which spontaneously form explosive compounds,
or undergo spontaneous or exothermic reactions of explosive violence
or with sufficient evolution of heat to be a fire hazard. Hazardous
chemicals shall include such materials as corrosive liquids, flammable
solids, highly toxic materials, oxidizing materials, poisonous gases,
radioactive materials and unstable chemicals.
As used in this article, the following terms
shall have the meanings indicated:
Includes those acids, alkaline caustic liquids, and other
corrosive liquids which when in contact with living tissues, will
cause severe damage of such tissue by chemical action; or in the case
of leakage will materially damage or destroy other containers of other
hazardous commodities by chemical action and cause the release of
their contents; or are liable to cause fire when in contact with organic
matter or with certain chemicals.
Includes a solid substance, other than one classified as
an explosive which is liable to cause fires through friction, through
absorption of moisture, through spontaneous chemical changes, or as
a result of retained heat from manufacturing or processing. Examples
are: white phosphorous, nitrocellulose, metallic sodium and potassium
and zirconium powder.
A material so toxic to man as to afford an unusual hazard
to life and health during fire-fighting operations. Examples are:
parathion, TEPP (Tetraethyl Phosphate), HETP (Hexaethyl Tetraphosphate),
and similar insecticides and pesticides.
Storage away from incompatible materials in a different storage
room or in a separate and detached building located at a safe distance
from hazardous occupancies and important exposures.
Includes any substances that yield oxygen readily to support
combustion. Examples are: chlorates, permanganates, peroxides and
nitrates.
Includes any noxious gas of such nature that a small amount
of the gas in the air is dangerous to life. Examples are: chlorine,
cyanogen, fluorine, hydrogen cyanide, nitric oxide, nitrogen tetraoxide,
phosgene.
Includes any material or combination of materials that spontaneously
emits ionizing radiation.
A quantity of radiation so enclosed as to prevent the escape
of any radioactive materials but at the same time permitting radiation
to come out for use.
Storage in the same fire area but physically separated by
as much space as practicable, using skills or curbs as safeguards
for intervening storage of nonhazardous, compatible commodities.
Any substance, other than one classified as an explosive
or blasting agent, which will vigorously and energetically react,
is potentially explosive, will polymerize, decompose instantaneously,
undergo uncontrollable auto reaction or be exploded by heat, shock,
pressure or combinations thereof. Examples are: organic peroxides,
nitromethane and ammonium nitrate.
A.
Fee. A license shall be required for the storage or
handling of more than 55 gallons of corrosive liquids; or more than
500 pounds of oxidizing materials; or more than 10 pounds of organic
peroxides; or more than 500 pounds of nitromethane fertilizers and
fertilizer mixtures of any amount of highly toxic material or poisonous
gas. This license shall be issued by the City Clerk subject to the
approval of the Fire Chief or his or her designee. Said license shall
expire on December 31 after issuance and be renewable annually thereafter.
The fee therefor shall be $100.[1]
B.
Before authorizing the issuance of a license the Fire
Chief or his or her designee may require the following:
(1)
A report from an approved testing laboratory setting
forth the physical and chemical properties of the chemical in question,
whenever such properties are not readily available in published references
or from other recognized sources.
(2)
Evidence that the manner of manufacture, processing,
storage, use or transportation of the hazardous chemicals in question
is in accordance with nationally recognized safe practices and that
no undue hazard to life or property is involved.
(3)
Qualification, experience and knowledge of the person
who is to supervise the operations involving the particular material.
Reports concerning materials or processes may be marked for the confidential
information of the Fire Chief or his or her designee who shall use
the data contained therein to evaluate the fire and explosion hazard.
(4)
General requirements.
(a)
The manufacture, storage, handling and use of
hazardous chemicals shall be safeguarded with such protective facilities
as public safety requires.
(b)
The Fire Chief or his or her designee may require
the separation or isolation of any chemical that in combination with
other substances may bring about a fire or explosion, or may liberate
a flammable or poisonous gas. The Fire Chief or his or her designee
may require separation from other storage facilities, dwellings, places
of assembly, educational occupancies, railroads and public highways,
when the quantity stored constitutes a material hazard. The limitations
on storable quantity shall be considered with regard to proximity
of these exposures and congested commercial and industrial districts.
(c)
Defective containers which permit leakage or
spillage shall be disposed of or repaired, in accordance with recognized
safe practices; no spilled materials shall be allowed to accumulate
on floors or shelves.
(d)
Where kept for retail sale in containers or
packages usual to the retail trade, storage shall be neat and orderly
and shelves be of substantial construction.
Packaged oxidizing materials shall be stored
in dry locations and separated from organic and other combustible
materials. Bulk oxidizing materials shall not be stored on or against
wooden surfaces.
A.
Approval of storage location. Storage location for
unstable chemicals such as organic peroxides, nitro-methane and ammonium
nitrates shall be subject to approval of the Fire Chief or his or
her designee with respect to nearness to dwellings, places of assembly,
educational occupancy, institutional occupancy, railroads and public
highways. The limitations of storage quantities shall be considered
with regard to proximity of these exposures in congested commercial
or industrial districts.
B.
Storage procedure. Unstable chemicals shall be stored
away from all incompatible chemicals and contaminated sensitizing
materials. Such chemicals shall be kept away from heat-producing appliances
and electrical devices and shall be protected from external heat,
fire and explosion. Unstable reactive chemicals shall not be stored
in the same building with or in close proximity to explosives and
blasting agents. Good housekeeping shall be maintained. Uncontaminated
contents of broken or cracked bags, packages or other containers shall
be transferred to new clean containers before storing. Other spilled
materials and discarded containers shall be promptly gathered up and
destroyed in an approved manner. All electric bulbs shall be equipped
with guards to prevent breakage. Open lights or flames shall be prohibited
in or near storage areas. Internal combustion motor vehicles or lift
trucks shall not be parked or stored in the room or compartment where
such chemicals are located.
C.
Ammonium nitrate. Ammonium nitrate shall be stored
so as to be reasonably safe to persons and property. Storage of ammonium
nitrate shall be in accordance with applicable standards and safe
practices. Housekeeping and maintenance in all warehousing or storage
facilities and marine terminals shall be regularly conducted to provide
reasonable safety to persons and property.
Highly toxic materials shall be separated from
other chemicals and combustible and flammable substances by storage
in a room or compartment separated from other areas by walls and floor
and ceiling assemblies having a fire resistive rating of not less
than one hour. The storage room shall be provided with adequate drainage
facilities and natural or mechanical ventilation to the outside atmosphere.
Legible warning signs and placards stating the nature and location
of the highly toxic materials shall be posted at all entrances to
areas where such materials are stored or used.
Storage of poisonous gases shall be in rooms
of at least one hour fire resistive construction and having natural
or mechanical ventilation adequate to remove leaking gas. Such ventilation
shall not discharge to a point where the gases may endanger any person.
Legible warning signs stating the nature of hazards shall be placed
at all entrances to locations where poisonous gases are stored or
used.
Satisfactory provisions shall be made for containing
and neutralizing or safely flushing away leakage of corrosive liquids
which may occur during storage or handling.
Durable, clearly visible signs warning of radiation
shall be placed at all entrances to areas or rooms where radioactive
materials are used or stored. Each container in which radioactive
materials are used or transported shall bear a durable, clearly visible,
appropriate warning sign. Such signs shall be posted to provide reasonable
safety to persons and property. Exception: Signs are not required
for storage of manufactured articles other than liquids, such as instruments
on clock dials or electronic tubes or apparatus of which radioactive
materials are a component part, provided that the gamma radiation
at any surface of the package is less than 10 Milliroentgen in 24
hours. When not in use radioactive materials shall be kept in adequately
shielded fire resistive containers.
