1996-03-12
.
TOWN OF WAPPINGER
\ .
FIRE PREVENTION BUREAU
20 Middlebush Rd. P.O. Box 324
Wappingers Falls, NY 12590-0324
CONSTANCE O. SMITH
Supervisor
MARK J. LIEBERMANN
Fire Inspector
Office: 914-297-1373
Home: 914-896-7864
FAX: 914-297-4558
March 12, 1'3'36
Constance O. Smith - Town Superv~sor
Town Board Members
Town of Wapp1nger
RE: ROE MOVERS-SERIOUS VIOLATION OF STATE FIRE CODE
This letter is to advise you af a serious code violat~oL
at ~Ge Movers, 500 A1rport Drive.
On February 3, 1'3'35 noe Clovers
requirements for storage of oil
inquil"ed as tel t.he cc,de-'
based combustible paints.
I informed them ~hat pursuant to SNYCRR Tablel-1171 that
the MAKIMUM perm:;. t r.eu indoor st.:)rage cd this class cd
painr. cl:;Juld not e~':ceed lb,500 gallons. and cCI\.de not be
stacked more than 9 feet in height. They proposed to
store over 110,000 callons of this paint.
r;oe was also informed
limit they would need
Eev iew.
that if they wanted to exceed th1s
a 1#'ar L:anc~e frQm t.)"le NYSJ Board of
Roe d1d choose to file a variance.On December 8,1995 the
hearing was held by the HudsQn Valley Un~form Code Board
of Review (copy attached)
On February 20,1996 i received the Board 01 Review
decision which was DENIED.
On February 27, 1996 myself and auilding Inspector Don
Keller along with New Hackensack Fire Chief Scott Grossman
met with Roe ~Overs representatives to d1SCUSS the denial
of the vari;:ince.
'"
Page 2 of 2 pages
ROE MOVERS 3/12/96
Upon inspection and meeting with Roe ;r'E-presentatives it.
was determined that RI:;)e l"l1:;)'l"ers had knowingly stored Clver
100,000 gallons of this paint in vicllatioJ"J cd t.he cClde
section cited.
I have issued an
combustible paint to
by March 13, 1996.
order to reduce the
the approved limit 01
inventclTY cd
lEI, =1~10 gallons
Chief Grossman informs
Commissioners have given
interior fire attack due
should occur.
me that the Board 01 Fire
him the l:JIpt ior. o:f not. making an
to the hazard involved i:f a :fire
I will be re inspecting the building on March 14,1996 fOT
compliance. If compliance is not adhered to I w~ll be
issuing a summons for the cited violation.
Yours truly,
;lZA~idJ~.u~/a(t<^-.-!
Mark Liebermann - Fire Inspector
cc: file
Chie:f Grossman-NKFD
..
TOWN OF WAPPINGER
FIRE PREVENTION BUREAU
20 Middlebush Rd. P.O. Box 324
Wappingers Falls, NY 12590-0324
CONSTANCE O. SMITH
Supervisor
MARK J. LIEBERMANN
Fire Inspector.
Office: 914-297-1373
Home: 914-896-7864
FAX: 914-297-4558
February 3,1995
Mr.Rory D. Holmes-Acconnting Manager
Roe Movers
500 Airport ~ive
Wappingers Falls,New York 12590
RE:OiI based paint storage/Class 11 Qnimstible Classification
Dear Rory,
Pursuant to our conversation and site inspection this date relating to the above
captioned matter the storage of the paint is pennitted pursuant to the NYS/Unifonn
Code (9NYCRR) as follows: / __
bJ ~,'(l
Table 1-1171 9 NYCRR states that storage of up to~ gallons in piles no
greater than~in height is pennitted.Footnote 2 states that an automatic sprinkler
system must be {n operation.
Since your building is of non canbustible construction and equipped wi th a full
sprinkler system the storage is pennitted without a separate enclosed roam.
9NYCRR ~ 1174.1i requires that the amonnt of haz/mat on site be reported each year.
This fonn is being mailed out in a few weeks to all businesses and will have to include
the above proposed storage.
If you have any further questions please feel free to call_~..~.._/---- LjD'13
!1lftj)~lg~~~cP 1< ~ C)~cf14-
Mark J. Liebe Fire Inspector ~1 ~\~ '/~
fJryTfE k(YJBf.e, Ct,;,.5\ I c,~' \ CGft t~
----. . I ,} t ,. ,r\ ViP'
Lf 0 {J 1< ,p. !~7iLpr;ft f ~ ~t\ I - \ VJ.
/ t.){J J! Crill () if )uJ.J.t' ''J~;J.()Jo~i;'
}J.-jl\. ~
-.
TOWN OF WAPPINGER
FIRE PREVENTION BUREAU
20 Middlebush Rd. P.O. Box 324
Wappingers Falls. NY 12590-0324
,~iWAP~?'""
ft',l ;~,,(t~a., ':;';_",,~"fl., (C'\,.'~"j
/I.... ., ...., ,~\1
/0 . '\
· 1-1 " .' " , ,'~'
:\'C,'\ .~' ~i
~'~'/4:'
" ,."~ ", ',' /.:..."/
''''So:'~ , '/ ~/....
. '~ssj:Q\)1 .
CONSTANCE O. SMITH
Supervisor
MARK J. LIEBERMANN
Fire Inspector '
Office: 914-297-1373
Home: 914-896-7864
FAX: 914-297-4558
March 9th,1995
e ..~
~~ I~(:/,!j
,- -"~-" i. '. i\j
(i _ .~/
\. ..i)'--.-'
........----
Rory Holmes-Acccounting Manager
Roe Movers
500 Airport Drive
Wappingers Fal Is,New York 12590
Dear Rory,
In reference to our meeting last week relating to the storage of approximately
100,000 gallons of oi I based palnt(Class II Combustible) I spoke to a
representative of the codes division in Albany and he confirmed that the
paint storage appl ies to the requirements of 9NYCRR Table 1-1171 and Code
section 1171.3
In addition,the letter sent to you dated February 3,1995 contained wrong information.
I had read the wrong column in Tablel-1171 when I stated the maximum gallonage
al lowed was 55,000. The correct column should be CLASS LIQUID-( I I) which shows
the maximum al lowed to be 16,500 in pi les no higher than 9 ft.
In order to store in excess of this amount you would have to fi Ie a petition
with the NYS/Board of review,whlch you are entitled to do pursuant to 19 NYCRR
g450.5(a).
I have enclosed a petition form which includes Instructions on how to fi le,the
application itself and a copy of Title 19 of the New York Codes,Rules,and Regulations
(NYCRR) and a letter stating the request has been denied to be used as part of
the petition.
If you need any assistance In completing the application feel free to cal I.
~
TOWN OF WAPPINGER
17,~ 101 r---..
, I i I ~\'/7
\~\~~ 'Ii
FIRE PREVENTION BUREAU
February 27, 1996
CONSTANCE O. SMITH
Supervisor
20 Middlebush Rd. P.O. Box 324
Wappingers Falls, NY 12590-0324
MARK J. LIEBERMANN
Fire Inspector
Office: 914-297-1373
Home: 914-896-7864
FAX: 914-297-4558
Mr. Hory Holmes
ROE MOVERS
5~~ Airport Drive
~appingers Falls, New York 12590
Dear Mr. Holmes:
On February::;, 1'3'35 you were notified t.hat thE' pTelpelSE'C
storage of Class 11 CQmbust~ble L~qu~ljs. Oil ba.:.e-c paJ.nt.
was permitted in your f;:.cility pursuant t.el SNj'CF:E TablE'
1-1171 so long as the storage did not e-xce-e-d 16,500
gallons and said pint was not to staked melTe- t.han 9' in
height.
I advise-d you t.hat in orde-T t.o E'xceE'd t.h1s limit you would
havE' to apply for ~ variance from the Hudson Valley
Uniform Code Board of Review.
On Februal-y 2rll,1'3'36 we received notification irom said
Soard that Petition # 101-95-14 was DENIED.
At our meeting last week, with Building Inspe-ct.elr
Keller and New Hackensack Fire Chief Scott Grossman
determined
Donald
that the current
permitted 16,500 gallons.
storage
is in e-:..ce-ss
it was
cd t.h E'
This letter is to advise you that the storagE' of this oil
based paint shall comply with the above cite-d section ai
the NYS/Uniform Fire Prevention Code within 15 days.
Failure to comply could resul t in Ie-gal act.ion be-ing
commenced.
y~~
Mark J. Liebermann - Fire Inspector
/1/JJqt, ..
~l' D dit
u' tJ1 r
cc: Chief Grossman- New Hackensack Fire District
"':i
*'~
I). Jl,.,t.,
,.. ..
J' .Y v.. J
':f"_o" :......._
~ 'tvml~/
H
@
Uf~rcfUWfffJJ i
~... !:"tj :J
<<: '; ;9"''-
'..' I ..J r ~
-v
STATE OF NEW YORK
DEPARTMENT OF STATE
ALBANY, NY 12231'0001
HUDSON VAUEl UNIFORM CODE BOARD OF REVIEW
I
,'rO:;~~~N~c:c-rOR
'APPINGC:R
ALEXANDER F. TREADWELL
SECRETARY OF STATE
In the Matter of the Petition of:
Route 376 Associates
(DBA) Roe Movers
For a Variance to the New York State
Uniform Fire Prevention and Building Code
DECISION
..
...
.',
;
t
PETITION NO. 101-95-14
Upon the application of Route 376 Associates (DBA) Roe Movers, filed pursuant
to 19 NYCRR 450 on March 17, 1995, and upon written record proceedings at a duly
noticed hearing before the Hudson Valley Uniform Code Regional Board of Review held
at the Rockland County Fire Training Center, Fireman's Memorial Drive, Pomona, New
York, on December 8, 1995, and upon all other papers in this matter, the Board makes
the following determination:
NATURE OF GRIEVANCE AND RELIEF SOUGHT
The petition pertains to combustible liquid storage in an existing C4.2
(moderate hazard storage) occupancy building, one-story in height, of type 2b
(noncombustible) construction, approximately 250,000 square feet in gross area,
known as "Roe Movers", located'at 500 Airport Drive, Town of Wappinger, County of
Dutchess, State of New York. The petitioner is seeking relief from:
- 9 NYCRR l17l.3(b)(3)(vi) and Table 1-1171, which prohibits the storage of
more than 16,500 gallons of Class II combustible liquid on ground and upper
floor levels of C4.2 occupancy buildings or in portions of such buildings
separated by approved fire walls. Materials creating no fire exposure hazard
to the combustible liquid may be stored in the same area. [The petitioner
wishes to store 100,000 gallons of oil base paint.]
FINDINGS OF FACT
1. The subject warehouse is approximately 250,000 square feet in gross area. It
Q printed on recycled paper
Llu _ .;.,
I
~U
J- ~J
PE~ITION NO. 101-95-14
Page 2
~fEB If 0' 19961,
.
is properly classified as a C4.2
(moderate hazard storage) ~~WQ~~
. TO",. ~t- OJ, ,.....-',4:1':JGER
construction, the r.;quirements of Footnote
fr'
large fire area was approved for
,
No. 3 Table IV-70S for unlimited fire areas have been satisfied.
2. Oil base paints are classified as Class II combustible liquids. 9 NYCRR
l17l.3(b)(3)(vi), Table 1-1171 limits the total quantity of Class II
combustible liquids in containers that may be stored in a sprinkler protected
C4.2 occupancy to 16,500 gallons.
3. Combustible liquid stored in C4.2 storage facilities must be separated from
all stored material that can create a ~ire exposure hazard to the combustible
liquid.
4. Limits are set on the quantity of contained combustible liquids that may be
I _
stored inside because combustible liqu~ds when contained and subjected to heat
........
have a tendency to explode and spread burning liquid. The rapid heat
r _
generated by exploding burning containers can be sufficient enough to
4.
overpower sprinkler systems resulting in uncontrollable fires.
-
5. Quantity limits reduce the potential fire size and property damage and this
provides greater safety for fire fighting personnel.
6. A sprinkler system intended to meet NFPA's design requirements for combustible
liquid storage is an aut9matic sprinkler system with a higher density than is
required for the most hazardous commodity classification for ordinary dry
storage.
7. 9 NYCRR l17l.3(b)(3)(vii) allows C4.3 (high hazard storage) buildings
unlimited storage capacity of combustible liquid but this facility cannot be
reclassified as a C4.3 due to its physical size. C4.3 occupancies in
buildings of one story in height, type 2b construction, are limited to 6,000
square foot fire areas with no allowable increases in fire areas for
sprinklers and fire department access.
8. No alternatives are offered_that would provide the same level of safety as
that intended by code-imposed storage limits.
,PETiTION NO. 101-95-14
Page 3
9. The petitioner may suffer,because of the partial loss of IBM business but it
has not been demonstrated that code complying storage arrangements cannot be
made.
CONCLUSIONS OF LAY
Insufficient evidence has been nro~ided to ~arrantA v~riance under the
grounds provided in Part 450.4(b) and provisions for health, safety and security
will be adversely affected.
DETERMINATION
YHEREFORE IT IS DETERMINED that the application for a variance from 9 NYCRR
l17l.3(b)(3)(vi) and Table 1-1171, be and~ereby DENIED. ~
Furthermore, it should be noted that the decision of this Board is limited to
the specific building and application before it, as contained within the petition,
and should not be interpreted to give implied approval of any general plans or
specifications presented in support of this application.
Chairman Nicholas D'Angelo and members Cliff Parker and Vincent Nyberg concur.
Member Murray Crandell was absent.
So ordered.
;
Valley Uniform Code Board of Review
SAC
By: Nicholas D'Angelo, Chairman
Date: 'Z.! 11. t'tee
~. · "Petition No .101-95-14
The persons below are advised to TAKE NOTICE of the attached document. The
attached document pertains to a petition for relief related to code requirements.
If there are any are questions, call (518) 474-4073 and ask for the Variance
Unit. Please refer to the petition number in all related conversations or
correspondence with us.
RORY D HOLHES
ROE HOVERS
500 AIRPORT DR
VAPPINGER NY 12590
'II'
f .
.
fPd~la~~W~IDJ ~
fEB ,(; lCO'
&,. ,.; .I ,0
I
RICHARD H NOLAN
ROUTE 376 ASSOCIATES
DBA ROE HOVERS
500 AIRPORT DR
VAPPINGER NY 12590
D
FIRE INSPECTOR
TOWN OF WAPPiNGER
,
DONALD KELLER
TOWN OF VAPPINGER BLDG DEPT
TOWN HALL - PO BOX 324
20 HIDDLEBUSH RD
VAPPINGERS FALLS NY 12590-0324
HARK J LIEBERMANN
TOWN OF WAPPINGER FIRE PREV
TOWN HALL - PO BOX 324
20 HIDDLEBUSH RD
VAPPINGERS FALLS NY 12590-0324
/
ASST CHIEF SCOTT GROSSMAN
NEW' HACKENSACK FIRE CO
217 HYERS CORNERS RD
llAPPINGERS FALLS NY 12590
HERBERT LEVENSON
TOWN OF llAPPINGER ZONING DEPT
TOWN HALL - PO BOX 324
20 HIDDLEBUSH RD
llAPPINGERS FALLS NY 12590-0324