§ 147-14. Restrictions on specific uses., Chapter 147. Fire Prevention, Part II. General Legislation, Code of Ordinances, New Rochelle

Ammunition storage.

(1)

No person shall store more than two cases of fixed ammunition until a permit therefor has been issued by the Fire Commissioner. "Fixed ammunition" shall mean small arms or blank ammunition designed to be fired from a pistol, revolver, rifle or shotgun held by hand or at the shoulder.

(2)

Fixed ammunition shall be stored in the manufacturer's cases, cartons or boxes and shall not be kept in any room, compartment or place where flammable liquids, flammable solids, oxidizing materials or flammable compressed gases are kept, nor shall the quantity stored at any time exceed 50 cases of fixed ammunition.

Blasting permit.

[Amended 2-22-1994 by Ord. No. 47-1994; 2-20-2004 by Ord. No. 34-2004]

(1)

No explosives may be used for blasting or other purposes until a permit has been secured.

(2)

No permit may be issued unless the applicant presents a certificate of fitness (blaster license) issued by the Fire Commissioner.

(3)

The applicant shall indemnify all persons and the City against any loss, expense, cost or damage, direct or indirect of any kind or nature, to property, resulting from possession, storage or use of such explosives or the prosecution of the work involving such explosives. This liability and responsibility upon the part of the applicant shall be absolute and shall not depend upon any question of negligence upon his part or upon the part of his agent, servants or employees, and the neglect of anyone to direct the applicant to take any particular precaution or to refrain from doing any particular thing shall not excuse the applicant in case of any such damage. Before the issuance of any permit, the applicant shall furnish the City of New Rochelle, its officers and employees and the person and contractor doing the blasting or causing said blasting to be done and the owner of the property whereon said blasting is being done, all as additional insureds, insurance against liability for damages arising out of said blasting in the amount of $3,000,000 for property damage and $5,000,000 for personal injuries, including death for each accident. Insurance shall be evidenced by insurance endorsement and shall be changed to cover each new job.

(4)

A permit, when issued, shall specify the particular job for which it is issued, its location and the date of expiration.

(5)

It shall be unlawful to conduct blasting operations between the hours of 7:00 p.m. and 7:00 a.m. or at any time on Sunday, except under authority of a special permit issued by the Fire Commissioner.

Storage of explosives.

[Amended 2-22-1994 by Ord. No. 47-1994; 2-20-2004 by Ord. No. 34-2004]

(1)

No explosives may be stored, sold or possessed until a permit has been secured.

(2)

No permit may be issued unless the applicant presents a certificate of fitness (blaster license) issued by the Fire Commissioner.

(3)

The applicant shall indemnify all persons and the City against any loss, expense, cost or damage, direct or indirect of any kind or nature, to property, resulting from possession, storage or use of such explosives or the prosecution of the work involving such explosives. This liability and responsibility upon the part of the applicant shall be absolute and shall not depend upon any question of negligence upon his part or upon the part of his agent, servants or employees, and the neglect of anyone to direct the applicant to take any particular precaution or to refrain from doing any particular thing shall not excuse the applicant in case of any such damage. Before the issuance of any permit, the applicant shall furnish the City of New Rochelle, its officers and employees and the person and contractor doing the blasting or causing said blasting to be done and the owner of the property whereon said blasting is being done, all as additional insureds, insurance against liability for damages arising out of said blasting in the amount of $3,000,000 for property damage and $5,000,000 for personal injuries, including death, for each accident. Insurance shall be evidenced by insurance endorsement and shall be changed to cover each new job.

(4)

A watchman shall be employed to safeguard explosives after working hours and during all times when work is not underway.

(5)

NFPA Standard 495, Explosive Materials Code, Chapter 6, Aboveground Storage of Explosive Materials, shall be strictly adhered to.

Transportation of explosives.

[Amended 2-20-2004 by Ord. No. 34-2004]

(1)

No person shall transport or cause or permit the transportation of explosives on or through the streets of the City of New Rochelle unless a permit has been secured.

(2)

Explosives shall be transported only in vehicles approved by the Fire Commissioner.

(3)

The applicant shall indemnify all persons and the City against any loss, expense, cost or damage, direct or indirect of any kind or nature, to property, resulting from possession, storage or use of such explosives or the prosecution of the work involving such explosives. This liability and responsibility upon the part of the applicant shall be absolute and shall not depend upon any question of negligence upon his part or upon the part of his agent, servants or employees, and the neglect of anyone to direct the applicant to take any particular precaution or to refrain from doing any particular thing shall not excuse the applicant in case of any such damage. Before the issuance of any permit, the applicant shall furnish the City of New Rochelle, its officers and employees and the person and contractor doing the blasting or causing said blasting to be done and the owner of the property whereon said blasting is being done, all as additional insureds, insurance against liability for damages arising out of said blasting in the amount of $3,000,000 for property damage and $5,000,000 for personal injuries, including death, for each accident. Insurance shall be evidenced by insurance endorsement and shall be changed to cover each new job.

Commercial or public garage.

(1)

No garage may be occupied as a place of business without a permit. A garage occupied as a place of business is divided into the two following classes: commercial garage or public garage.

(a)

A commercial garage is the place of storage of one or more automobiles, trucks or other motor vehicles owned and used by not more than one person, firm or corporation.

(b)

A public garage is any place used for the storage of one or more automobiles, parts thereof or any type or types of motor vehicles, whether such storage is for manufacture, repair, exhibition, demonstration, sale, rental, hire, painting, adjustment or equipment.

(2)

Public and commercial garages shall be constructed to conform to the State Code.

[Amended 3-18-2003 by Ord. No. 63-2003]

(3)

Floor assemblies shall be constructed of noncombustible materials or, if combustible materials are used in the assembly, shall be surfaced with approved noncombustible material. Floors shall be liquid-tight to prevent the leakage or seepage of liquids and shall be sloped to facilitate the movement of water, fuel or other liquids to approved floor drains.

(4)

Any pit shall be installed in compliance with standards promulgated by the National Fire Protection Association.

[Amended 7-25-1989 by Ord. No. 186-1989]

(5)

Gasoline, except such as may be contained in the tanks of automobiles in storage, shall be kept in tanks underground, in an approved location. No gasoline may be stored in vehicle tanks when floors are of combustible assembly, however sealed.

(6)

No gasoline shall be conveyed from one place to another in any open can, vessel or container. Parts shall be cleaned with nonflammable safety solvent only.

(7)

Garages shall not be located within or attached to a building or structure used for any purpose other than a garage unless separated by walls or partitions, floors or floor-ceiling assemblies having a fire-resistive rating of not less than two hours.

(8)

Heating units must be so arranged as to comply with NFPA 88B Chapter 3-2.

(9)

Welding or open-flame operations shall be restricted to areas specifically provided for such operations.

Dry-cleaning plant.

(1)

No person shall engage in the business of dry cleaning without a permit which shall prescribe the type of system (flammable or nonflammable) to be used.

(2)

No change shall be made in the solvent used in the equipment to a solvent in a more hazardous class unless permission for such a change shall first have been obtained from the Fire Commissioner.

Dip tanks/spray booths. A permit shall be required for dipping or spraying operations utilizing more than one gallon on any working day of flammable or combustible liquids.

Flammable liquids, installation, modification or testing of equipment.

(1)

A permit must be secured prior to each and every installation or modification.

(2)

No permit may be issued unless the applicant presents the proper installers license issued by the Fire Commissioner.

(3)

No testing of petroleum storage facilities shall be performed unless prior approval has been secured from the Fire Commissioner. Testing shall only be performed by testers holding the proper license issued by the Fire Commissioner. Written results of tests performed must be forwarded to the Fire Commissioner within 48 hours of completion. All equipment failures must be reported immediately.

(4)

All above- or underground installations of petroleum storage facilities must meet or exceed New York State Department of Environmental Conservation 6 NYCRR 614, Standards for New and Substantially Modified Petroleum Storage Facilities. A letter stating the same and signed by the licensed installer must be attached to the application for a permit-to install.

Flammable liquid storage.

(1)

A permit shall be required for the storage or use of a flammable liquid in excess of five gallons inside a building or 10 gallons outside of a building, or for a combustible liquid over 25 gallons inside a building or over 60 gallons outside of a building, except that no permit shall be required for the following:

(a)

For the storage or use of flammable liquids in the fuel tank of a motor vehicle, aircraft, motorboat, mobile power plant or mobile heating plant.

(b)

For the storage or use of paints, oils, varnishes or similar flammable mixtures when such liquids are stored for maintenance, painting or similar purposes for a period of not more than 30 days.

(2)

The storage of Class I, Class II or Class III liquids in closed containers shall comply with the State Code.

[Amended 3-18-2003 by Ord. No. 63-2003]

Hazardous materials storage.

(1)

A permit shall be required for the storage of hazardous materials not otherwise covered in this 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 liquids which are chemically unstable and which may spontaneously form explosive compounds or undergo spontaneous reactions of explosive violence or with sufficient evolution of heat to be a fire hazard. Hazardous materials shall include such materials as compressed gases. flammable solids, corrosive liquids, radioactive materials, oxidizing materials and poisonous gases.

(2)

A hazardous materials permit shall be required for the storage or handling of the following amounts as defined by the Code of Federal Regulations, Title 49, Transportation, Parts 100 to 199:

(a)

Corrosive liquid: more than 55 gallons.

(b)

Dangerous when wet material: any amount.

(c)

Etiologic material: any amount.

(d)

Flammable gas: over 2,000 cubic feet.

(e)

Flammable solid: any amount.

(f)

Nonflammable gas: over 6,000 cubic feet.

(g)

Oxidizer: over 50 pounds.

(h)

Organic peroxide: over 10 pounds.

(i)

Poison gas: any amount.

(j)

Poison and irritant: any amount.

(k)

Radioactive material: any amount.

Industrial ovens.

(1)

A permit is required for the construction and operation of industrial baking and drying ovens which are heated with oil or gas fuel or which, during operation, contain flammable vapors from products being baked or dried.

(2)

Application for a permit shall be accompanied by plans showing all essential details and calculations for safe operation.

Liquefied petroleum gas (LPG) installations.

(1)

A permit shall be obtained for each installation of liquefied petroleum gas employing a container or aggregate of interconnected containers of over 1,000 pounds' (nominal 120 gallons) water capacity and for each permanent installation, irrespective of the size of the containers, made at buildings in which people congregate for civic, political, educational, religious. social or recreational purposes. Such buildings shall include schools, churches, hospitals, institutions, hotels and restaurants, each having a capacity of 20 or more persons. Prior to making such an installation, an installer shall submit plans to the Fire Commissioner, and, if in compliance with the requirements of this code, a permit shall be issued.

(2)

Installers shall maintain a record of all installations for which a permit is not required by Subsection L(1) above (but not including installation of gas-burning appliances and replacing of portable cylinders) and have it available for inspection by the Fire Department.

Lumberyard. No person shall store in excess of 100,000 board feet of lumber without a permit.

Oil-burner equipment (installation). A permit shall be obtained for the installation or replacement of each and every oil-burning equipment, which permit may be declared null and void where any oil-burning equipment has not been properly installed or has become defective or dangerous to life and property.

Public garage. See Subsection E of this section.

Self-service gasoline station. A permit is required for the operation of all self-service gasoline stations.

Welding and cutting. A permit shall be obtained for the use of acetylene or other fuel gases in connection with welding or cutting if the acetylene or other fuel gas is supplied to work areas or consuming devices as follows:

(1)

Through a permanently installed piping system; or

(2)

From individual cylinders or manifolds or both, and the aggregate nominal gas capacity of all cylinders in use or connected to use exceeds 750 cubic feet.

Woodworking plants. Sawmills, planing mills and other woodworking plants shall be equipped with refuse removal systems which will collect and remove sawdust and shavings as produced; or suitable metal or metal-lined bins, provided with normally closed covers or automatically closing covers, shall be installed at or near such machines, and shavings and sawdust shall be swept up and deposited in such bins at sufficiently frequent intervals as to keep the premises clean. Blower and exhaust systems shall be installed in accordance with NFPA 664.