1974-02-20 SPMA Special Meeting of the Town Board of the Town of Wappinger
was held on February 20, 1974, at 6:45 P.M. at the Town Hall,
Mill Street, Wappingers Falls., New York.
The date for the special meeting was set at the February 11, 1974
regular monthly meeting.
Present:.
Louis Diehl, Supervisor
Louis Clausen, Councilman
Leif Jensen, Councilman
Frank Versace, Councilman
Elaine H. Snowden, Town Clerk
Absent:
Stephen Saland, Councilman
Others Present:
William Horton, Superintendent of Highways
Allan Rappleyea,,Attorney to the Town
Supervisor Diehl called themeeting to order at 6:55 P.M.
The following letter was received:
Februayy 15, 1974
Mr. William Horton _
Highway Superintendent
Town of Wappinger
Town Hall
Wappingers Falls, NY
Re: Spook Hill Properties, Inc.
Dear Mr. Horton:
My clients have informed me that after meeting and having
discussions with you on Friday, February 15th, they have decided
to go along with your suggestion that they waive their rights
to use the pre -1965 road specifications. They will agree to
install the roads in Spook Hill Estates to the. specifications
adopted by the Town of Wappinger on March 4, 1965. You have
agreed that on behalf of the Town you will waive the requirement
known as "Paving 11" as written on page 4 of the March 4, 1965
Highway Specifications.
This agreement is to -be considered as.a compromise which is
done solely for the purpose of expediting the signing of my clients
map for final approval• andsubsequent: fildng..:: If in the event
the Town Board does not approve the filing of this map during
the February 20, 1974 meeting, then this compromise and offer
shall be of no force and effect.
If this is agreeable to you, please acknowledge on the
signature line below and copies will then be given to each of
So
the Town Board members..as.well..as._the Town Attorney
Sincerely,
Ritter & Hankin
s/ Jerard S. Hankin
s/ William Horton
Highway Superintendent
Mr. Diehl asked Mr. Horton whether this meant that it would
bring the roads to blacktop standard, to which Mr. Horton
replied yes.
The following resolution was offered by COUNCILMAN JENSEN:'who
moved its adoption:
RESOLVED that the surety bond attached hereto in the sum
of $100,000.00 is hereby accepted to guarantee the completion
of the roads and improvements in the Spook Hill development as
shown on a plat entitled "Spook Hill Estates", dated June 1965
and revised April 1972, which said improvements are to be made
in accordance with the conditions of the final approval of the
Town of Wappinger Planning. Board, and the road.. specifications
of the Town of Wappinger adopted March 1965.
AND FURTHER RESOLVED, in addition, the sum of $500.00 is
hereby accepted as a deposit pursuant to the applicable street,
specifications and the road deed and recreation deed are accepted
subject to the final completion of the improvements thereon as
provided in the applicable street specifications and the Town
Planning Board approval.
Seconded by: Councilman Clausen
Roll Call Vote:
Councilman Clausen Aye
Councilman Jensen Aye
Councilman Saland Absent
Councilman Versace Aye
Supervisor Diehl 'Aye
Resolution Duly Adopted
Mr. Clausen had a question on water and sewer, he assumed they
(Spook Hill Estates) would be customers of the Town of Wappinger.
Mr. Rappleyea answered they would be customers of the sewer, and
assuming everything goes according to plan, will also be customers
of the water.. Assuming Hill Top Water System comes through within
the next three or four weeks, we will then tie them into the Hill
Top Water System, if it doesn't we perhaps will have to fix up a
temporary hook -in to the Orchard Homes system, but in either event
they will be customers of the Town.
The following Local Law was introduced by COUNCILMAN JENSEN who
moved its adoption:
' LOCAL LAW
FIRE,PREVENTION.LAW
OF THE '
TOWN OF WAPPINGER, NEW YORK
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A Local Law adopted pursuant to the Municipal Home Rule
Law of the State of New York for the prevention of fire and '''•':'',
';
regulating the use, sale,stora9e and transportation of explo-;
sives and inflammailes, prohibiting bonfires in public places,
. -
and streets and regulating the manner in which they may be
permitted in other places, requiring the removal and elimi-
nation of fire hazards, preventing, damage by fire and.pro-
tecting property, and for -all things necessary or helpful for f
the prevention of fire and to provide for the general safety 1-il
of persons and property within the Town of Wappinger outside' .
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the limits of the incorporated village of Wappingers Falls 1.
and providing for the enforcement'thereof.-, , . ..i.,i..;... ,
Be it ordained by the Town Board of .the'Town of Wappinger
IL as follows: . ,,,..,....i,..t1
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ARTICLE I
SECTION 1, A Bureau of Fire Prevention of the Town of
Wappinger, N. Y. is hereby established.
SECTION 2. Said Bureau shall be composed of the Chief
Inspector.and the Chiefs of the Fire Districts in the Town of
Wappinger and such Inspectors as they shall appoint from time
to time.
• SECTION 3, The Chief Inspector shall be the Building In
Spector of the Town of Wappinger.
SECTION 4. It shall be the duty of the Chiefs of the Fire
Districts to enforce all laws of the State of New York and '1
ordinance of the Town of Wappinger covering the following:
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c. The installation and maintenance of automatic and other,
fire alarm systems and fire .extinguishers and equipment.
a. The prevention of fires.
b. The storage and use of explosives and inflammables.
d. The maintenance and regulation of fire escapes.
v
e. The means and adequacy of exits in case of fire from 1
factories, schools, hotels, lodging houses, asylums, hospitals,
churches, halls, theatres, and all other places in which num-J
bers of people work, live or congregate from time to time for!
any purpose.
f. The'investigation of causes, origin and circumstances 1
of fires.
4 a
g. The conducting of fire prevention campaigns.
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PART 2 - a
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h. In addition, the following will be regulated by the
jceau of Fire Prevention when not in conflict with applicable;
York State, Dutchess County or Town of Wappingers law:
1. The minimum acceptable width of roads used
.as access or egress to apartments, commercial
or general business buildings or shopping
area complexes.
2. Hydrant locations in apartments, commercial
or general business buildings or shopping
'area complexes.
3. Access to the hydrants and availability of
fire lanes to and adjacent to apartments,
commercial or general business buildings
or shopping area complexes.
4. Smoking in places of public assembly.
5. Allowable occupancy in places of public assembly.
i. The Bureau of Fire Prevention shall insure that all
hydrants installed within the Town of Wappingers, private or
publicly owned, be tested and maintained; and that they be
clearly marked in all weather and.kept accessible for Fire De -1
;partment use by the owners.
'! • j. Signed approval for conformance with existing Fire
.;!Prevention ordinance or laws must be obtained from the Bureau
r;of'Fire Prevention before construction. of new multiple dwellings.
';developments, apartment complexes,.shopping centers or com-
.;inerical or general business buildings may be implemented.
k. They shall have such other powers and perform such
Mother duties as are set forth in other sections of this law,.
land as may be conferred and imposed from time to time by Law.
Part b.' Designation of fire zones.
The Bureau of Fire Prevention shall designate any areas•,
iat, on or near any interior street, roadway or driveway in which
{any obstruction due to the parking or placing therein of any
' automobile, truck, motor vehicle or any other physical object •; r_;
for material will cause interference with the ingress and egress .�,.;
!of fire -fighting equipment, or which will create a condition j ;.
;dangerous to life or property in the event of fire. Such areal '., 'i
'shall thereupon be marked with standard police signs and/or
!such other markings deemed necessary and proper by the Bureau ;•
�;of Fire Prevention, indicating that said area is a restricted
t `firs zone. The parking of any automobile, truck, motor vehicle
�r` any other physical object or material within any such re- i
tricted fire zone is hereby expressly prohibited. Sajid signs;
and. markings shall be installed at the expense of the owner of:
,,�Ithe property who shall promptly pay to the Town Clerk the ac-
' rtual cost thereof as. certified in writing to said Town Clerk by
x"the Bureau of Fire Prevention. Notwithstanding ana not in limi+
-ttation of any provision hereof, no automobile, truck or other
(rotor vehicle, and no physical object or 'material of any nature,
!r shall be parked, placed or permitted to remain for any length
:0time whatever within twenty (20) feet of any.fire hydrant
i,or standpipe located at, on or near any interior street, road
.�aay or driveway within any premises classified under the Zoning
.Ordinance as multiple residence.
. The Bureau of Fire Prevention shall also enforce all the
regulations hereinafter set forth and shall have such other I.
powers and perform such other duties as are set forth in the
'other sections of this law and as may be conferred and imposed'.
,upon them from time .to time by law. ' . . '
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SECTION 5. It shall be the duty of the Bureau of Fire
,Prevention to investigate and recommend to the Supervisor and
';the Town Board of the Town of Wappinger such additional ordi- I
,:nances as they deem necessary for safeguarding life and proper=
,.ty against fire.
SECTION 6. Authority to Enter Premises. The Chief of
,'the Fire District or any member of the fire department desig-
nated by him as an inspector may make application to a court o£
!appropriate jurisdiction for an order allowing entry .into any ;
premisis for the purposes of inspection.
SECTION 7. Inspection of Premises. It shall be the duty
'of the Chief Inspector to inspect or cause to be inspected by •
`fire inspectors, as often as may be reasonably necessary but
'not less than once a year, all buildings, premises and public
thoroughfares, except single family private dwellings, for the
:purpose of ascertaining and causing to be corrected any con-
ditions liable to cause fire, or any violations of the provi-
sions or intent of any law affecting the fire hazard.
SECTION 8. Whenever any such officer or member shall find'
iin any building or upon any premises orother place, combusti-
ble or explosive matter or dangerous accumulation of rubbish
"';or unnecessary accumulation of waste paper, boxes, shavings,
or any flammable materials, and so situated as to endanger •
.,property, or shall find obstructions to or on fire excapes,•
stairs, passageways, doors or windows, liable to interfere with
;the operation of the fire department, or egress of occupants,
'in case of fire, he shall order in writing the same to be re-
moved or remedied.
SECTION 9. Such order shall forthwith be complied with
by the owner or occupant of such premises or buildings, subject
to appeal within twenty-four hours to the Bureau of Fire Pre 1
rvention, who shall within three days review such order and
!file their decision thereon, and unless the order is revoked
IPr.modif ied it shall remain in full force and be obeyed by
Such owner or occupant. Any owner or occupant failing to comp.
iply with such order within three days after said appeal shall
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.`;!have been determined, or if no appeal is taken within ten days
rafter the service of the said order, shall be liable to a !,
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• ',,,penalty as hereinafter stated. If any order shall be so modi- `,
,fied by the Bureau, the Inspector affected shall receive a copy,"
Of such modification within forty-eight hours.
The service of any such order shall be made upon the
occupant of the premises toh "'•`''
of same to such �
w om it is directed by either de- '
livering a true copy;.occupant personally or by
delivering the same to and leaving it with anyperson in charge;
;,of the
premises, or in case no such person is found upon the
H.
,premises by affixing a copy thereof in a conspicuous place on .1
the door to the entrance of said premises. 'Whenever it may be
:necessary to serve such an order upon the owner of premises,
such order may be served either by delivering to and leaving
With the said person a true copy of said order, or, if such
owner is absent from the jurisdiction of the officer making
Prthe order, by mailing such copy to the owner's last known
ost -office address.
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SECTION 10. Permits.
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a. Permits'required by the provisions of this law
shall be obtained. in writing from the Chief Inspector. Permits
shall be for the duration of the activity requiring the permit:
unless revoked as provided by this law.. They shall be kept
:ron the premises designated therein and shall be 'subject to in-;
• spection by any, officer of the fire or police department.
•
f.1. b. Permits.shall be obtained within ninety 'days after
:1 the adoption of this law.
c. Upon discontinuance of an activity requiring a
permit under this law the holder of a permit shall within ten
,days thereof notify the Chief Inspector in writing of that
idiscontinuance and return the applicable permits to the same.i
SECTION 11. In addition to the permits elsewhere re-
quired in this law, a permit shall be obtained from the Chief
•Inspector for:
a. Storage of calcium carbide in excess of one hun-
dred pounds.
b. Storage of hay, straw, excelsior and
,tible fibers in excess of one ton, provided that
,will be required for storage on farm property or
academies.
other combus-
no permit
on riding
c. Storage of corrosive acids in excess of
;:;of each kind.
ten gallons
d. Storage of chlorates or other oxidizing chemicals
n excess of fifty pounds.
e. The use, storage or possession of radioactive or
Fissionable materials for industrial, commercial or research
purposes. Storage or handling of pyroxylin plastic in excess
of twenty pounds unless wrapped or packed for sale.
f. Use of stationary acetylene generators.
g. Use of compressed gas from cylinders in
four hundred cubic feet aggregate capacity.
excess of
h. The commercial application of paint, vardish or
lacquer by spray method or with dip tanks and ovens.
i. The use of refrigeration systems containing twenty
pounds or more or refrigerant other than air or water. !
j. The commercial cleaning or drying of clothes or
other material with a Class I or II flammable liquid.
k. The handling, storing and manufacturing in any
shape, form or manner of flammable or explosive metallic dust;
.1
'gich permits shall be based upon compliance with the
standards of the National Board of Fire Underwriters where
applicable.
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SECTION 12. Before permits are issued, the Chief Iospec--
iltor shall make or cause to be made such inspections or tests
as are necessary to assure that the provisions of this law
:are complied with.
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-revoke any permit whenever in his judgment any violation of
i!this law warrants such revocation, but only after a fair and
•, .
1:impartial hearingshall have been accorded the holder.of the
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!!peimit. . .4.•
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(ihr :
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SECTION 14. Appeal from any decision of the Chief In-
!Ispector in refusing to grant or in revoking any permit, may be
;made to the Bureau as outlined in Section 9. . ..-
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1 SECTION 15. Modifications, The Chief Inspector shall
;have power to modify any of the provisions of this law upon
!ad agent, when there are practical difficulties in
;application in writing by the owner or lessee, or his duly
.. !the way of carrying out the strict letter of this law, pro- !
'viding that the spirit of this law shall be observed, public
safety secured, and substantial justice done. The particulars:
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of such modification when granted or allowed and the decision !
of the Chief Inspector thereon shall be entered upon ,the re- 1
cords of the district and a signed copy shall be furnished
the applicant to the Town Clerk.
SECTION 13. The Chief Inspector is hereby authorized to
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SECTION 16. Approved Devices and Materials. As used in
.' this law, the word "approved" as applied to devices or materials
means acceptable to the Chief Inspector by reason of having : •.;:*;
!been tested and examined by him or by some recognized testing
.;laboratory and found to be proper. • -
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SECTION 17. Insufficient Appliances. If an Inspector
shall find the appliances on or in any such premises, building!
or structure for the protection against fire are not in proper. ,!,;.;i,
, ...!._
conditonor are of insufficient size or number., or are other- • .:
!wise insufficient for the purpose for which the same are desigr.
iflnated or intended, or shall find that such appliances are
sonably necessary for the protection of such premises, buildings
or structure, and are wholly wanting, the inspector shall . .. :,••
order, in the case of such improper condition, or insufficiency.
that the same be placed in proper condition and rendered rea-
sonably sufficient to afford proper protection against fire; - :. .•
and in the case of absence of such appliance where it may be
!found that they are reasonably necessary for the protection
against fire; they shall order the installation of such appli7 • ,.!*.!.
%
•' ances sufficient to afford proper protection in the case of .
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fire to such premises, building or structure, and to the occu- -!':;:
11100 ii,pants thereof or persons rightfully on or in the same, such -
order to be served in the same manner as provided in Section
9. Such order shall forthwith be complied with by the owner
!or occupant of such premises or building. Appeal from any
6such order may be made to the Bureau as outlined in Section 9.
SECTION 18. The Chiefs of the Fire Districts shall in- H •',:;
;‘yestigate the cause, origin and circumstance of every fire oc-,
!Curin their respective Districts in the Town, by which L.
;properly hazbeen destroyed or damaged,.and so far as possible
!Shall determine whether the fire is the result of carelessness
For design. 1-----;.-
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e 6.
{ building, shed or enclosure for the purpose of commercial
servicing or repairing any motor vehicle. therein, nor use any
room or space having a floor area exceeding one thousand two
'hundred square feet in any building, shed or enclosure for
storing, housing or keeping any motor vehicle containing
flammable liquid in the fuel tanks thereof without a permit.
Immediately upon the occurrence of such fire, such investig--
tion shall be begun by the Chief of. the Fire District, who
shall take charge of any physical evidence. He shall notify.1
.the Dutchess County Sheriff who shall assist in the investi-
gation and prosecution of the case.
SECTION 19. The Chiefs of the Fire Districts shall
keep a record of all inspections, investigations or examina-
tions made by their respective departments, including the
date of inspection, investigation or examination, and of the
violation or violations, if any, found to exist, and shall
make'a report of the same to the Town Board at least once in
December of•each calendar year.
ARTICLE II
COMMERCIAL GARAGES AND SERVICE STATIONS
SECTION 1. Permit required. No person shall use any
SECTION 2. Handling of Gasoline and Oils. The reser-
voirs of motor vehicles shall be filled only through hose
from pumps attached to approved portable tanks or drawing
from underground storage tanks. There shall be no facilities;
for gasoline handling or filling in any basement or sub-
basement
garage.
ARTICLE III
FLAMMABLE LIQUIDS
SECTION 1. Application. This article applies to all
liquids having a flash point below 200 degrees F. closed cup
tester. The flash point shall be as determined by the Taglia-
bue closed cup test.
SECTION 2. Classification. For the purpose of this
aw, flammable liquids are classified as follows:
Class I. Liquids having a flash point below 25 degrees
F. closed cup tester. Examples: ether, gasoline, naptha and
benzol.
Class II. Liquids having a flash point above that for
Class '1 .and. below 70 degrees F. closed cup tester. Lxamples:;
,alcohol and amyl acetate.
Class III. Liquids having a flash point above that for
Class II and below 200 degrees F. closed cup tester.Exam-
ples: kerosene and fuel oil.
SECTION 3. A permit shall be obtained from the Chief
Inspector for the storage or handling of flammable liquids in
excess of ten gallons, in any building or structure. Storage,
does not include, for this'section, only; the keeping of
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gasoline or other fuel in a tank attached to a motor vehicle ,
for use in that vehicle.
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SECTION 4. Approvals. ilefore any flammable liquid tank!'
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or piping is covered from sight, the installation shall bein-
spected and approved'by the Chief Inspector. This test to in-
clude a ten ,pound air pressure for a period of twenty-four
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hours. Pressure to remain constant at ten pounds for twenty-. ,
four hours.
1The Chief Inspector may prohibit the sale or use of any.
• heating or lighting appliance using flammable luquicts, wnich
has not been tested by Underwriters Laboratories, Inc. or
::,...
i' some other recognized authority, and found to be properly safl-
guarded against fire hazard.
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SECTION 5. Class I and II liquids. Class I and II 11 -
quids -shall not be kept or stored in any building used as a 1
1 .4
place of public assembly, except in laboratories for experi- .
imental purposes. .
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In establishments where Class I and II liquids are used;. ''
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• in manufacturing, cleaning or other process, the Cnief of thel.•
First District shall require such preventive and protective
ii measures as will reasonably safeguard life and property a- , ..--- 4
gainst fire., 1 ..i::.- j-
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SECTION 6. Storage and handling of Class I Liquids in i
Buildings. Class I liquids shall not be kept inside of ) ..• - v.
. . .•
. II buildings except in sealed containers or approved safety cans.
kof not,more than one gallon -capacity each, provided that in
- d rooms conforming to Section 8, safety cans up to ten gallons
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in size may be used, and in garages and manufacturing plants, 1
il the' Chief of the Fire District may permit the use of approved
portable wheeled tanks where the nature of the business re-
quires .-
such storage. ,
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Storage systems with arrangements for discharging Class'
; • I liquids inside of buildings shall have discharge outlets lo/ ...!
cated only in rooms conforming to Section 8.
7.
SECTION Storage and handling of Class II liquids iri
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H Buildings. Class II liquids shall not Le kept inside of build- ::?:,-.V
ii ings except in sealed containers or approved safety cans of
not over five gallons capacity each or in closed drums, bar-
rels or tanks. Containers of Class II liquids of over five 1 :::--1'
• gallons capacity shall not be used to fill other containers,
inside of buildings, unless in a room conforming to Section ii«1::,,:o
:i SECTION 8. Storage Rooms. Rooms for storage and nand-
ling of flammable liquids shall be constructed with walls,
1 floors and ceilings having a fire resistance rating of not
kW less'than one hour, provided that where in the opinion of the!
Chief Inspector, the hazard is more than moderate, based uponi-:
l' a consideration of the quantity and nature of the liquids in-, •
• .cTolved and the extent of mixing operations togetner with the
:i construction 'of the building and its exposure, constructions
Ti having a fire resistance rating of not less than two hours shall.---:
be required.
4 Door openings to the room shall be equipped with ap - -
proved auto- or self-closing fire doors and shall have sills
raised six inches above the room floor. ,
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• t ' SECTION 9. Storage of Fuel Oil in EuildingS. The storage
•
'of Class III liquids in buildings, in connection with oil
• burning equipment shall be in accordance with the following.
Tanks of not over two hundred and seventy-five gallons capaci-t,
ty each and having an aggregate capacity not in excess of
;
'five hundered and fifty gallons may be installed without en-
closures.
Other tanks shall be completely enclosed witn rein -4
forced -concrete not less than eight inches in thickness, with •
at least a six-inch space on sides between tank and concrete
insulation filled with sand or well tamped earth, and with
twelve inches of sand on top of tank, either between tank and'
concrete slab or above concrete slab.
; . Instead of an enclosure as above described, the tank
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be encased in reinforcedconcrete not less than six inches in
thickness, applied directly to the tank so as to:Completely
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eliminate any air -space. .
liquids shall not be drawn or handled in the presence of any
SECTION 10. Drawing Liquids from Containers. Flammable'
• open flame, or fire. 'Excepted as permitted below, flammable
liquids shall be drawn from tanks, at points inside buildings
only by pumps or other methods approved by the Chief Inspec- -..-.
;, tor. Draw -off pipes terminating inside buildings shall have
. .
!-. a valve at the discharge end; when delivery is by gravity,
• the shut-off valve should be preferably of the automatically
closing type and in addition, an emergency valve shall be pro
, 'vided. Draw -off devices for Class I and Class II liquids shall''f;
notlbe located on floors below grade.
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An approved domestic type oil burner may be supplied by;
graviti, from a tank of two hundred and seventy-five gallons 1
maximum capacity. A second tank may be provided if connectedH • -
by an approved three-way valve so that not more than two hun-
dred and seventy-five gallons can be discharged at any one
time.
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The Chief Inspector may permit gravity flow of flammable
liquids in manufacturing and jobbing plants where the nature
of the business requires it. • • • -
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• SECTION 11. Smoking Prohibited. Smoking or the carry-
ing of matches, lighter, or other smoking material in rooms • ,
where flammable liquids are handled is prohibited. Suitable •
"NO SMOKING' signs shall be displayed.
•
SECTION 12. Aboveground Storage Limited. The storage
of flammable liquids in outside aboveground tanks is hereafter
prohibited within, the following limits.
a. Al]. mercantile and congested areas and.districts
within the town of Wappinger.
b. All areas near streams or other water ways which would
carry burning liquid into congested areas or districts with
e town of Wappinger. •
• , SECTION 13. Capacity and Location of Aboveground Tanks.
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a. Outside aboveground tanks shall be so.located that the
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distance between shell of tank and property line or nearest build-
ing is not less:than one and one-half times the greatest dimension,
of the tank (diameter,.length or.height), provided that for tanks
equipped with either an approved permanently attachel extinguish-
ing system or an 'approved floating roof suc1:1 distance may be re--
duced to not less than the greatest dimension of the tank. .
(b) The ninimum distance between shells cr any two tanks .
shall be not less than one-half the greatest dimension (diameter,
length or height) of smaller tank except that such distance•shall
not be less than three feet, and for tanks of eighteen thousand
yallons or less the distance need not exceed three feet. •
SECTION 14. Underground Storage Limited. Ur..:',erctrounJ tanks .1
shall have the top of the tank not less than tv,o feet below the I.Iy1
surface of the ,(Tround, except that, in lieu of the twn-foot cover,:.
tanks may be buried under twelve inches of earth and a cover of
reinforce(1. concrete at least five inches in thickness, provided,'
which shall extend at least one foot 1-evond the outline of the
,tank in all directions; concrete cover to be placed on a firm,
well tamped earth foundation. Where necessary tc prevent float-
ing, tanks shall be securely anchored or weigh!ted.
Where a tank cannot be entirely buried, it shall be covered',
with earth to a depth of at least two feet with a slope on all
sides not steeper -than one and one-half feet horizontal to.one-
foot vertical.
For liquids with a flash point below 100 degrees "., under-
ground tanks having, a capacity in excess of five hundred and
fifty gallons shall be at least ten feet, and tanks having a
capacity in excess of two thousand gallons shall he at least
twenty feet, from every building the lowest floor, basement,
cellar or pit of which is below the top of the tank.
SECTION 15. Construction of manks. The design an. construc-
tion of tank shall conform to generally,accepten good practice •
and.shall be approved by the Chief Inspector. anks labeled by
Underwriters Laboratories, Inc. and tanks conforming' to the
standards of the National Board of Fire Underwriters or of the
Pozerican Petroleum Institute shall -be deeMed to conform to
generally accepted good practice.
SECTION 16. Setting of Tanks. (a.) Tanks shall be .set on.
firm foundations. Tanks located inside buildings and exceeding.
two thousand five hundred gallons capacity shall be supported I.
independently of the floor construction. Outside aboveground
tanks more than one foot above the ground shall have foundations.,
and supports of masonry or protected steel, except that wooden'
cushions may be used.
!
(I No combustible material shall be permitted under or
within ten feet of any outside aboveground -storage tank. E]ectriyI
motors, unless of approved explosion -proof type, and internal
combustion engines shall not he placed beneath tanks or elsewhere -
within the line .of vapor travel. • 1•,- •
•.•
•
•
•
• „
SECTION 17. Venting of Tanks. (a) An open galvanized iron
vent pipe arranged for proper draining,.or an automatically •
operated vent, shall he provided for every tank which may coritair
flammable vapor. The lower end of the vent pipe shall not exterk'
through the top into the tank for a 'distanceof more than one inch.
fl •••• •.•
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(b) Vent openings, except those on underground tanks for
Class III liquids, shall be provided with approved flwle arrest-
ers. Vent openings and vent pipes shall be of sufficient size tc
prevent abnormal pressure in the tank during filling and except
automatically operated vents, shall be not smaller'than one and,
one-quarter inch pipe size. Arresters shall be accessible for
examination and repair. Vent pipes shall be provide,i with
weatherproof hoods horizontally and vertically, from any window.
or other building opening. For Class 1 liquids, if tight con-
nection is made in filling line and filling is by gravity; the
vent pipe'shall extend to a point at least one foot above the
level of the top of the highest reservoir from which the tank
.may be filled, otherwise it shall Le not less tnan twelve feet
.'. above the top of the fill pipe. For other than Class 1 liquids,
the vent pipe shall extend sufficiently above ground to prevent
obstruction by snow or ice. Where a power pump is used in fill-
ing storage tanks and a tight connection is made to the fill .
pipe, the vent pipe shall be not smaller than the fill pipe.
SECTION 18. Emergency Pressure Reliefs. ' (ith the exception
of vertical, cone -roof tanks having a roof slope less than two
• and one-half inches in twelve inches and in which the strength .
of the joint between roof and shell is no greater than that of
the weakest vertical joint in the shell, all aboveground tanks
shall have some form of relief for preventing the development of
excessive internal pressure in case of exposure fire surrounding
the tank. The method of relief shall'be acceptable to the Chief
of the Fire District. \ •
H --
SECTION 19. .Dikes. (a) Tanks containing crude oil or other
liquids which have a tendency to boil over, and tanks exceeding
fifty thousand gallons capacity shall be surrounded with a dike
--,having.a capacity not less than that of the tank or tanks sur-.
rounded; minimum height of earth dikes shall be three feet and
of Masonry dikes thirty inches.
(b) Tanks of less thanfifty thousand gallons capacity,
.shall when deemed necessary by the Chief Inspector or. account -of -
. proximityto streams, character of topography or nearness to .
buildings of high value, be diked or the entire yard provided'
with a curb or retaining wall or other suitable ileans taken to
prevent the discharge of liquids on to other property in case of
a rupture in tank or piping.
(c) Dikes.or walls required by the preceding paragraphs
shall be of earth or masonry so constructed as to afford adequate
protection. When dikes surround tanks containing crude oil,
they shall have a suitable coping or deflector projecting inward
properly constructed to minimize the effect of a "boil over"
wave. Dikes surrounding crudeoil tanks shall be riot less than
fifty feet from the shell of the tank or tanks surrounded. 1
SECTION 20. Distinctive Markings. (a) Portable containers
for Class land II liquids shall.be painted red (entire contain-
er- or conspicuous band or stripe) and 1.1e conspicuously lettered
in black,. "DANGER - KEEP LIGHTS AND FIRE AW;i7."
SECTION.21. Piping. (Piping used for flammable'liquids ' •
•
shall be standardfull,weight wrought iron, steel or brass pipe,
or approved brass,oi-copper-tubing; for working pressures in
91
excess of one hundred pounds per square:inch extra heavy fitting4
shall be used. .No pipe or tubing less than one-quarter inch t ,
internal diameter shall be used. Outside piping shall be pro- A .
tected against mechanical injury.
(b) Piping carrying Class 1 and JI.liquids, unless withOut
d joints or connections, shall not extend through any room whidh
contains any Open light or fire.
'SECTION 22. Valves at tanks and Pumps. (a) • Where tanks
%NW I are aboveground, there shall be a valve locate near the tank' in
each pipe. In case two or more tanks are cross; -connected, there
shall be a valve near each tank in each cross -connection.
(b) Pumps delivering to or taking supply from aboveground
storage tanks shall be provided with valves on both suction and
q discharge of pump and in delivering to tanks a. check valve to,
prevent flow of liquid from tank to pump.'
(c) In systems using pumps to supply auxiliary, tanks or
headers, which feed internal combustion engines or fuel oil .
burners, provision shall be made to return surplus oil to the. -'
supply tank; any valve installed in the line small be of pressure .•
relief type.
SECTION 23. Tanking Filling and Filling Connections. (a) '
Deliveries of flammable liquids of Class 1 and II shall fbe made:
directly to the storage tanks through the filling pipe by means
of a hose or pipe between -the filling pipe and barrel, tank
wagon or tank car from which'such liquid is being drawn. .
(b) The end of the filling pipe for underground storage
tanks for Class 1 and II liquids shall be carried to.a location' •;4
outside of any building, but not within five feet of any entrance
door, or cellar opening; this filling pipe shall be closed by a
screw cap.
•
SECTION 24. Fire Extinguishers. ::here flammable liquids are
kept, used or handled, a quantity of loose nen-combustible ab-
sorbents, such as dry sand or ashes, together with pails or scopps'-
and approved chemical or other extinguishing devices or materials
shall be provided in such quantities as may be directed by the
Chief Inspector.
SECTION 25. Liquefied Petroleum Gas Containers. (a) Non-'
portable containers for the storage of liquefied petroleum gases
(propane and butane are the principal constituents) shall be con-
structed in accordance with. the Unfired Pressure Vessel Code of
the American Society of Mechanical Engineers.
(b) Storage containers shall be located with respect to
nearest buildings or group of buildings, or line of adjoining
property which may be built upon, in accordance with the follow-
ing table, except that the Chief Inspector may exempt minor out-
buildings.and,buildings devoted exclusively to gas,manufaeturir4;
and,distributing.operationS from. this requirement:
. • ,
i
•'
4
Water Capacity
per Container
Less than 125 gallons
.125 to 500 gallons
500 to 1200 gallons
aver'1200 gallons
•
Minimum Distance
Underground
10 feet
10 feet
25 feet
50 feet
ARTICLE IV
NITROCELLULOSL • ?OTION PICTURE FIL"'i
Aboveground
. None
10 feet.
25 feet
50 feet
SECTION 1. Application. This article applies to motion
picture film having a cellulose nitrate base. The word "film"
wherever used in this article refers to such film. Cellulose
• acetate film, marked,safety film is exempt from these provisions.
SECTION 2. Permits. No person shall store, keep or have on
hand more than twenty-five pounds (about five thousand feet of
thirty-five .m.m. film) or nitrocellulose motion picture film
:without a permit from the Chief Inspector.
.No person shall sell any toy or miniature motion picture
machine containing nitrocellulose motion picture film, or sell,
lease or otherwise. dispose of any nitrocellulose motion picture::
fill to any person not having a permit to handle, use or display
:Such film.
SECTION 3. Cabinets having a capacity of over fifty pounds
of film shall be provided with a vent from each compartment to.
the outside of the building. The vent shall have a r ;inimurn
:,effective sectional area of fourteen 'square inches rer one.
hundred pounds of film capacity.
SECTION -4. Smoking or the carrying of a lighted
cigarette or other form of, smoking material in -rooms
is stored or handled is prohibited.
Piper
where
cigar,
film -
SECTION 5. It shall be unlawful for any person•to ute in any
cinematograph or other apparatus or machine for projecting or
exhibiting motion pictures, in any building in the Town of
Wappinger, outside the limits of the. Village of Wappingers Falls,
any film or inflammable or combustible material, unless such
machine or apparatus and all such inflammable or co.tbustible
• film shall be enclosed in a' fire -proof .booth, and approved by
. the Chief Inspector. 'No person under eighteen years of age shall.
be allowed in any such booth. +
ARTICLE. V
EXPLOSIVES
SECTION 1. Application. This article applies to all ex-
plosives except small arms, ammunition and pyrotechnic devices
and materials covered by Article 6.
1
•
93
SECTION 2. Permits. The manufacturing of explosives is
prohibited. A permit shall, be obtained from the Chief Inspector
to have keep, use, store -.or transport.any explosives.
SECTION 3. Transportation. (a)' Explosives shall not be
transported or' carried on or in any conveyance carrying
passengers for hire.
(b) Every vehicle, while carrying explosives, shall display
upon an erect pole at the front end of such vehicle and at such
height that it.s'hall be visible from all directions, a red flag
with the word "DANGER" printed, stamped or sewed: thereon in
white •letters at least six (6) inches in height, or in lieu of
such flag, the word "EnPLOSIVE:S" must be painted on, or attached
to the rear end and each side of such vehicle in letters at
least four (4) inches in height.
(c) .It shall be unlawful for any person in charge of a
vehicle containing explosives to smoke in, upon or near such
vehicle, to drive, load or unload the. vehicle while intoxicated
to drive the vehicle in a careless or reckless manner, or to
load or unload such vehicle in a carless or reckless manner.
(d) It shall be unlawful for any person to place or carry
or cause to be placed or carried in the bed or body -of a vehicle
containing explosives, any metal tool or other piece of metal,
or -any matches. •
(e) It shall be unlawful for any person to place or carry.
or cause to be placed or carried, in the bed or body of a
vehicle containing explosives,. any exploders, detonator, blast-
ing caps or other similar explosive material.
SECTION 4. Storage. (a) Explosives shall be stored.only
in magazines made of fireproof material or of wood covered with
sheet iron and conspicuously marked "MAGAZINES-EXPLOSIVES-
DANGEROUS."
MAGAZINES-EXPLOSIVES-
DANGROliS."
(b) Magazines containing explosives shall be located at
distances from neighboring buildings, highways and railroads in
conformity with the American quantity and distance taLle; pro-
vided that one portable magazine containing not more tan fifty
pounds of explosives may be allowed in a building not occapieJ
as a dwelling or place of public assembly if placed on wheels
and located not more than ten feet from, on•the same floor with
and directly opposite to the entrance on the floor J,earest the
street level, and one magazine containing not more than five
thousand blasting caps, may be allowed if placed on wheels -.and
located on the floor nearest the street level.
(c) Blasting caps or detonators of any kind shell not be
placed or kept in the sane magazine with other explosives.
{cl} ;iagazines shall be' kept locked except when being in-
specteor when explosives are being placed thereon or being
reci,oved . therefrom.
(e) :lagazines.shall be kept clean and free from grit;
rubbish and empty packages.
94
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ARTICLE VI
PUBLIC, PRIVATE ANL) PAROCHIAAL
SCHOOLS AND THEATRES.
SECTION 1. Public, private anti, parochial schools. 'In each
public, private or parochial school or educational institution -in
the Town of oppinger, there shall be held at' least one fire '
drill each month while such school is in session, such fire drill
to be given when required under the *supervision of the Chief ' of
the Fire District'or his duly'appointed Inspector.
SECTION 2.' Theatres.. Smoking shall be prohibited in the
•
• lobbies, upon the stage,.and in all rooms, dressing rooms;
orchestra ,pits, passages or .halls, in all theatres of the frown of
-Wappinger, and any' person, performer, or employee smoking in such
,prohibited places-, shall. be guilty of a violation of this ordi-
nance.
SECTION 3 No fire or open flame of any description shfal l ' be
used by any performer or employee, or by any peron:; during any
act or,performance given in any threatre or public or private
hall or auditorium in, the Town of :'7appinyer unless a permit for
the same shall first be issued by the Chief Inspector.
' SECTION 4. The Chief of. the Fire District shall have tare"
power to place a fireman on.continuous duty at any or all
theatres in their respective district in the Town of '.;appinger,
during any or. all performances,'shows or exhibitions for the
.purpose of enforcing all laws'and ordinances.
SECTION 5. In any theatre, hall or auditorium, public or -
private,' in the Town of ZJappinger, where any forms of.entertain-
mernt-, concert or exhibition shall be given, smo;;inq shall be
permitted only in a room that is built or -altered for that purr:
pose. Such room shall have no connection with any,part of the
stage or.dressing room, and shall be used as such only after
permi.t.'for the same has been granted by the Chief Inspector.
ARTICLE VII
MISCELLANEOUS PROVISIONS
SECTION 1. IIot ashes and other dangerous materials. Ashes,
smouldering. coals or embers, greasy or oily substances and
other matter liable to spontaneous ignition shall not be ueposit
ed or allowed to remain within ten feet of any comLustible
materials or construction made up of combustible matLcrials,' ex-
cept in metal or'other non-combustible receptacles. Such re-
ceptacles shall be placed on non-combustible stands, unless rest-
ing on ,o non-combustible floor or on the ground outsic;e the.
building, and shall be kept at least two feet away from any •
combustible wall'or partition.
'SECTION 2. Accumulations of Combustible Materials. (a) No
person shall permit to remain upon any roof or in any court,. yard,-
vacant lot or open space, any accumulation'of_ waste paper, hay
grass, straw, woods, litter or combustible or .flanuaable. waste or
rubbish o;.,any kind.
kiv
111 11 11 111111111111111.1111111MIL-
-• /4,
b. Every person making, lasing, storing or having charge
or control of any shavings, exctlsior, rubbish, sacks, bags, ;
11, litter, hay, straw or combustible trash, waste or fragments '
shall at the close of each day cause all such material which is
not compactly baled and stacked in an orderly manner to be re. -
moved from the premises or stored in suitable vaults or in
J metal or metal -lined and covered receptacles or bins. Suitable
11 presses shall, be installed in stores, apartment buildings,
:i factories and similar places where accumulations of paper and'
1 -'-,
''! Iwaste materials are not removed at least every second day. - • ' ,
,
SECTION 3. Flammable becorations. (a) Cotton batting,
li straw, dry vines, leaves, trees, celluloid or other flam-
mable materials shall not be used 'for decorative purposes in t •':
show windows or in stores without a permit from the Chief In -;1,'
it specter. . ' '-•••
(b) Paper and other readily flammable materials shall : .• :•'.
! not be used for decorative purposes in any place of public
assembly, unless such materials have first been treated to ,.,....
,•
render them flame-proofto the satisfaction of the Chief In-
'' specter.
I I
II, SECTION 4. Maintenance of Protective and Extinguishing
11 Systems. Sprinkler systems, standpipe.systems, alarm systems ,. .
ill and other protective or extinguishing systems which have been
If installed in compliance with any.permit or order, or because ..i.•:
Id of any law or ordinance, shall be maintained in operative con ..,,,
II
U dition at all times, -and it shall be unlawful for any owner
1! or occupant to reduce the effectiveness of the protection
;I furnished. Provided this shall not prohibit the owner or occu-
pant from temporarily reducing Or discontinuing the protec-
tion where necessary to make tests, repairs, alternations or ...,%
11 additions. The Chief Inspector shall be notified when
2 -
II; tests, repairs,'alternations or additions are started.
ii
ARTICLE IX
SECTION 1. No liability shall be attributed to the Town'
of Wappinger, the Fire Districts, the Chief of a fire district
11 nor to such inspectors as they shall apoint, if they fail to
r make such inspection as called for in thislaw.
! I
il SECTION 1. Any Person, owner or occupant of a building i
structure or other premises or any person in control of
articles, materials, goods , wares or merchandise hereinoefore
referred to who shall violate any of thep rdvisions of this
law or any rule, order or regulation made in pursuance there-:
of shall be guilty of a violation as defined by Section 10.00
(3) of the Penal Law, and upon conviction thereof shall te 1
punished in accordance with the provisions of Article 55 of 1:
the Penal Law, providing for a sentence of imprisonment not
to exceed fifteen days and/or a fine not to exceed the sum of:
two hundred fifty dollars.
SECTION 2. No fire inspector shall be held liable should
fire or other damage occur after they have made an inspection
or issued a permit, under the provisions of this law.
1
ARTICLE X
VIOLATIONS, CONFLICTING ORDINANCES AND DATE OF EFFECT
•I SECTION 2. Validity. If any section or part of a section
or paragraph of this law is declared to be invalid, it shall
. not affect or impair the validity, force or.effect of any
other section or sections or part of a section or paragrapr.
of this law. • i .
SECTION 3. This local law shall'take effect immediately
upon adoption, posting and publicatidn,as.provided.by Town i H
• t•
Seconded by::-/.1dIiiseti; - ,.,.
•
r- ,
6
„„,
(Supervisor Diehl waived the reading of the Local Law due to
its length, seconded by Mr. Jensen and unanimously carried).
MR. CLAUSEN moved that a Public Hearing be set for March 11, 1974,
at 7:00 P.M. at the Town Hall, Mill Street, Wappingers Falls, New
York, on a proposed Local Law for Fire Prevention and Safety, at
which time all interested persons will be heard.
Seconded by Mr. Versace.
Roll Call Vote: 4 Ayes 0 Nays
Mr. Rappleyea informed the Board that John M. Reed and Mr.
Trautmanis would like to meet with the Board in executive session
regarding the Mid -Point Park Sewer Plant.
MR. CLAUSEN moved that the Board meet with Mr. Reed and Mr.
7Trautmanis in executive session on February 25th, 1974 at 7:30 P.M.
Seconded by Mr. Versace
Roll Call Vote: 4 Ayes 0 Nays
MR. CLAUSEN,moved the meeting be adjourned, seconded by Mr. Jensen
and unanimously carried.
The meeting adjourned at 7:12 P.M.
Spl. Mtg. 2/20/74
Elaine H. Snowden
Town Clerk