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Amherst, NY Fire Regulations: Propane Storage (2026)

Some Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified August 2026

Key Facts

Governing section
Amherst Code § 83-5-3
Permit trigger 1
LP-gas containers over 1,000 gallons
Permit trigger 2
Any permanent installation, any size
Issuing office
Commissioner of Building
Filed with
Town Clerk, under oath
Permits
Non-transferable

Summary

Amherst Code § 83-5-3 requires a fire prevention permit for any liquefied petroleum gas installation over 1,000 gallons' water capacity, and for every permanent LP-gas installation regardless of container size, issued by the Commissioner of Building.

A fire prevention permit specifying the specific activity or operation shall be obtained for the following: ... LIQUEFIED PETROLEUM GAS: for each installation of liquefied petroleum gas employing a container or an aggregate of interconnected containers of over 1,000 gallons' water capacity, and for each permanent installation, irrespective of size of containers.

Full Breakdown

Section 83-5-3 lists the activities that need a fire prevention permit before they may occur in the Town, and the Liquefied Petroleum Gas entry sets two separate triggers: a permit is required for each installation of liquefied petroleum gas employing a container or an aggregate of interconnected containers of over 1,000 gallons' water capacity, and separately for each permanent installation, irrespective of size of containers. In practice that means a small permanently plumbed residential propane tank needs a permit even though it is far below the 1,000-gallon threshold, while any temporary or portable LP-gas setup only needs one once its containers add up past 1,000 gallons of water capacity.

Applications go to the Commissioner of Building on the prescribed forms, must be made under oath, must describe the location, quantities and storage method for the gas, and are filed with the Town Clerk along with the fee set by the Town's fee schedule. Permits are not transferable, and any change in the activity, operation, location, ownership or use of the installation requires a new permit application. A certificate of occupancy that specifically certifies the LP-gas installation can serve as the fire prevention permit in lieu of a separate filing.

The Commissioner of Building conducts periodic inspections of permitted installations for compliance with the Uniform Code and the terms of the permit, and issues notices or orders when violations are found, setting deadlines for correction or ordering the activity to stop until it is fixed.

Violations & Fines

Operating an LP-gas installation without the required fire prevention permit is unlawful under Amherst Code § 83-1-5, subject to a fine of not more than $250 per day of violation or imprisonment for up to 15 days, or both, with each day counted separately. The Commissioner of Building may also revoke or suspend a permit obtained on a false statement or misrepresentation, and bar reissuance while any violation remains uncorrected.

Frequently Asked Questions

Does a small home propane tank in Amherst need a permit?
Yes, if it's permanently installed. Amherst Code § 83-5-3 requires a fire prevention permit for every permanent liquefied petroleum gas installation regardless of container size, in addition to the separate 1,000-gallon threshold that applies to larger or temporary setups.
What size propane installation needs a permit under the 1,000-gallon rule?
Section 83-5-3 requires a permit once a container or an aggregate of interconnected containers exceeds 1,000 gallons of water capacity, a threshold aimed at larger bulk LP-gas storage rather than a single small residential tank.
Who issues the LP-gas fire prevention permit in Amherst?
The Commissioner of Building issues it after an application made under oath is filed with the Town Clerk describing the location, quantity and storage method for the gas, along with payment of the fee set by the Town's fee schedule.

Sources & Official References

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