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HomeMy WebLinkAbout2009_1_29_Local_Law_No_1 Local Law No. 1 - 2009 This local law shall be known as the "Regulation of Underground Propane Storage Tanks Law" BE IT ENACTED by the Town Board of the Town of Mamaroneck Section 1- Purpose: Over the Memorial Day 2008 weekend, a leaking underground propane tank was reported. Due to the professionalism of the Town's personnel along with the expertise of the propane company, the propane in the tank was burned off without injury to person or property. If this corrective action had not been taken, there could have been damage not only to the home on the property where the tank was located but to people and neighboring properties. Because of the poor condition of the tank, it took over 24 hours for the gas to be burned off. Throughout this time, Town personnel were required to remain on site, causing the Town to incur thousands of dollars in overtime compensation. The cost would have been even higher had not so many of the responders been volunteers willing to sacrifice their time on a holiday weekend. This incident has alerted the Town Board to the necessity of developing regulations to control underground propane storage tanks. Section 2-Enactment of a New Section of the Mamaroneck Code: Section 106-27 of the Code of the Town of Mamaroneck hereby is added to the Code and reads as follows: §106-27.Inspection of large underground propane tanks. A. For the purpose of this law, the term "tank" shall mean containers located within the unincorporated area of the Town of Mamaroneck which are installed underground and are used to store propane gas. B. For the purpose of this law, the term "inspector" shall mean a person who (a) has graduated from, and passed the propane industry course for underground storage tanks given by the Certified Employee Test Program ("CETP"), (b) holds a CETP certification for the installation and maintenance of underground storage tanks and (c) has attended the course offered by the Propane Education and Resource Council entitled"Cathodic Protection". C. By no later than June 1, 2009, the owner of the property on which a tank was installed prior to the effective date of this section shall submit to the Director of Building Code Enforcement and Land Use Administration a certification by an inspector that (1) such inspector has personally inspected the tank and (2) on the date of the inspection, the tank satisfied the requirements of the National Fire Protection Association Code for the installation and protection of propane tanks. D. By no later than the first anniversary of its installation, the owner of the property on which a tank is installed on or after the effective date of this section shall submit to the Director of Building Code Enforcement and Land Use Administration a certification by an inspector that (1) such inspector has personally inspected the tank and (2) on the date of the inspection, the tank satisfied the requirements of the National Fire Protection Association Code for the installation and protection of propane tanks. E. By no later than each anniversary of the date when this law required the first certification by an inspector to be submitted to the Director of Building Code Enforcement and Land Use Administration, the owner of the property on which a tank is installed shall submit to the Director of Building Code Enforcement and Land Use Administration a certification by an inspector that (1) such inspector has personally inspected the tank, (2) the inspection occurred no earlier than nine (9) months after the most recent inspection occurred and (3) on the date of the inspection, the tank satisfied the requirements of the National Fire Protection Association Code for the installation and protection of propane tanks. F. Notwithstanding any provision of the National Fire Protection Association Code to the contrary, each inspection of a tank shall include, but not be limited to, (1) a visual inspection of the interior of the tank's dome, risers and valve fittings which inspection shall include a soap based test for leaks, (2) four bar hole tests, one on each side of the tank and one at each end of the tank, taken no more than three feet from the exterior walls of the tank and (2) a leakage test, done after the bar hole tests are completed, with tank pressure at or above 60 pounds per square inch. G. An owner of property on which a tank is installed who fails to submit a certification which complies with this law shall be guilty of a violation punishable by a fine of not more than two hundred fifty and no/100ths ($250.00) dollars per day for each day starting with the day after the day on which such certification was required to be filed with the Director of Building Code Enforcement and Land Use Administration and ending on the day on which a certification which complies with this law is submitted to the Director of Building Code Enforcement and Land Use Administration. Section 3 - Severability: Should any provision of this Local Law be declared invalid or unconstitutional by any court of competent jurisdiction, such declaration of unconstitutionality or invalidity shall not affect any other provisions of this Local Law, which may be implemented without the invalid or unconstitutional provisions. Section 4 -Effective Date: This Local Law shall become effective upon filing with the Secretary of State.