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186-17{3} TANK VEHICLE

TANK VEHICLE Any tank truck, tank trailer or tank semitrailer.

§ 186-18 Construction, equipment, operation and maintenance.

A. Tank vehicles used for the distribution of flammable liquids with a flash point at or below 80° F. (Tagliabue open cup test) within or from the City of Buffalo shall be constructed, equipped and operated according to the requirements of the New York State Vehicle and Traffic Law. B. Tank vehicles used for the distribution of flammable liquids with a flash point above 80° F. (Tagliabue open cut test) within or from the City of Buffalo shall be operated and maintained accordingly to the requirements of this article; and the owner shall furnish to the Department of Fire a statement of compliance, upon forms furnished by said Department, as to the instruction and equipment of such tank vehicle.

§ 186-19 Delivery restricted.

A. No tank vehicle, as herein defined, shall be used to deliver any flammable liquids directly from its cargo tank to the fuel tank of any motor-driven or operated vehicle, boat or apparatus using a flammable liquid as fuel; except, however, in the case of an emergency, a quantity sufficient to dispel the emergency may be delivered after proper notification has been given to the Department of Fire and permission has been obtained for such transfer of flammable liquids. B. When deliveries of Class I or II liquids are made by tank vehicles, such deliveries shall be in accordance with the regulations and procedures of the New York State Vehicle and Traffic Law. C. When underground tanks are filled with any class of flammable liquid by means of a tight-fi...

§ 186-20 Dome covers.

Manholes or dome covers shall be firmly held in a closed position during transportation. They shall be fitted with gaskets or otherwise made liquidtight.

§ 186-21 Identification.

Every cargo tank used for the sale and delivery of flammable liquids in the City of Buffalo shall be equipped with a suitable plate affixed to the cargo tank on which shall be recorded the number of the tank for identification purposes.

§ 186-22 Containers.

A. Containers for transportation of flammable liquids shall be of substantial construction or be substantially packed so they will not be readily broken or punctured in transportation or handling. Glass or earthenware containers over one quart capacity shall have a protective jacket of wood, metal or other suitable material. B. Containers for flammable liquids being transported either full or empty shall be tightly closed to prevent the escape of liquid or vapor.

§ 186-23 Transportation in passenger vehicles.

No container or containers holding in excess of five gallons total capacity of flammable liquid with a flash point below 100° F. shall be carried in vehicles of the passenger type nor in commercial vehicles if carrying passengers in the same portion of the vehicle as the flammable liquid container. Containers shall be removed from the interior of the passenger cars and from the cab or other enclosed portion of commercial vehicles during filling.

§ 186-24 Color and marking of containers for certain liquids; interstate commerce regulations.

A. Containers for gasoline, benzene or naphtha shall be painted vermilion (bright red) and shall be plainly lettered or labeled with the word "gasoline," "benzene" or "naphtha." B. Nothing in this article shall be construed to prevent any shipment made in accordance with the Interstate Commerce Commission's regulations.

§ 186-25 Cleaning of containers.

No person shall place Class III flammable liquid in a container which has previously contained Class I or II flammable liquid, unless such container has been thoroughly cleaned of such Class I or II liquid. If washing or some equally satisfactory method is not employed, the container should be flushed with sufficient Class III liquid to wash out any residue of Class I and II, and the container should then be completely filled with the Class III liquid.

§ 186-26 Leaking containers.

Whenever any flammable liquid is escaping from a container, all practical means shall be taken to prevent such liquid from spreading over a wide area, from flowing into sewers and streams and from becoming ignited.

§ 186-27 Welding and repair.

A. Methods of operation. (1) Where the contents that have been held by tanks to be repaired is not known, complete information as to such previous contents shall be obtained from the user of the equipment or from a qualified chemist. (2) All tanks shall be cleaned and made safe for operations by the safe practice regulations as published and established by the American Welding Society or other nationally recognized authorities and shall include one of the following applicable methods: general water treatment, hot chemical solution treatment, steam method or inert gas treatment. The tank or container shall be determined be safe for operation by sampling the vapors of air in the tank or container by the use of an approved combustible gas sampling indica...

Ch 189 (Reserved)

[Former Ch. 189, Flood Damage Prevention, derived from Ch. LXXII of the Charter and Ordinances, 1974, of the City of Buffalo, was repealed 7-27-1999, effective 8-13-1999. See now Art. 31 of the City Charter.]

Ch 193 Food and Drugs

[HISTORY: Derived from the Charter and Ordinances, 1974, of the City of Buffalo as indicated in article histories. Amendments noted where applicable.] GENERAL REFERENCES Alcoholic beverages — See Ch. 69. Bakers and confectioners — See Ch. 88. Enforcement — See Ch. 137. Infectious diseases — See Ch. 158. Fruits and vegetables — See Ch. 199. Grain — See Ch. 226. Inspections — See Ch. 249. Markets — See Ch. 275. Restaurants — See Ch. 370. Sanitation — See Ch. 378. Slaughterhouses — See Ch. 391. Vending machines — See Ch. 483. Water — See Ch. 491.

Ch 193 Art I General Requirements

[Derived from Art. IX of Ch. XXV of the Charter and Ordinances, 1974]

§ 193-1 Duty of inspectors.

The inspectors of food and drug supplies shall have power and it is their duty to examine all complaints which may be filed with the Department with reference to any unwholesome food or drugs. It shall be their duty in case of poisoning or suspected poisoning to make diligent investigation and furnish to the Commissioner of Health such samples for analysis as may be deemed necessary.

§ 193-2 Variance from standards.

No preparation recognized in the United States Pharmacopoeia shall be sold or kept on sale within the City of Buffalo if it differs from the standard of quality or purity laid down therein, unless the order calls for an article different from such standard or unless such difference is made known or appears to the purchaser at the time of sale.

§ 193-3 Wood naphtha or wood alcohol.

A. No person shall sell, offer for sale, give away, deal in or supply or have in his or her possession with intent to sell, offer for sale, give away, deal in or supply any article of food or drink or any medicinal or toilet preparation intended for human use internally or externally, which contains any wood naphtha, otherwise known as "wood alcohol" or "methyl alcohol," either crude or refined, whatever may be the name or trademark under or by which said wood naphtha shall be called or known. B. No person shall sell, offer for sale, give away, deal in or supply or have in his or her possession with intent to sell, offer for sale, give away, deal in or supply any wood naphtha, otherwise known as "wood alcohol" or "methyl alcohol," either crude or refin...

§ 193-4 Carbolic acid and cocaine.

A. No person shall sell or cause to be sold at retail within the City of Buffalo carbolic acid of a greater strength than a 5% solution, nor cocaine in any form, except upon the prescription of a physician duly authorized and licensed to practice as such under the laws of the State of New York. B. This section shall not apply to the sale of carbonic acid in amounts of two pounds or more nor to the sale of cocaine to dentists duly licensed to practice under the laws of the State of New York.

Ch 193 Art II Sale and Distribution of Food

[Derived from Art. VI of Ch. XXV of the Charter and Ordinances, 1974]

§ 193-5 Unwholesome food.

No meat, vegetables or milk, not being then healthy, fresh, sound, wholesome or safe for human consumption, nor the meat of any animal that dies by disease or accident shall be brought into the City of Buffalo or held, kept, offered for sale or sold as such food or kept or stored anywhere in said City. The term "meat," as herein used, shall include fish, birds, eggs and fowl; the term "vegetables" shall include any product, substance or article used as and for human food other than milk or meat; the term "not sound" shall include any vegetable that is wormy. For the purpose of this section, any meat, vegetables or milk in possession of or held, kept or offered for sale by a dealer in food shall prima facie be deemed to be held, kept and offered for sale ...