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Hempstead, NY Fire Regulations: Propane Storage (2026)

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

Key Facts

Residential exemption cap
500 gallons water capacity
Commercial exemption cap
2,000 gallons water capacity
Board-approval trigger, residential
501 gallons or more
Construction permit fee (11-50 gal)
$12
Storage-permit application fee
$250
Maximum misdemeanor fine
$500 plus 6 months

Summary

Outside its villages, the Town of Hempstead caps residential propane storage at 500 gallons water capacity before Town Board approval kicks in. Go over that and you need a public hearing, a storage permit, and Nassau County Fire Marshal sign-off under NFPA 58.

Tank sizes which qualify for exemption from Town Board approval are as follows: A. Liquefied petroleum gas installations for residential use on premises of a single- or two-family dwelling shall not exceed 500 gallons' water capacity. B. Liquefied petroleum gas installations for commercial premises shall not exceed 2,000 gallons' water capacity.

View official code

Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: rev 4863878; v67 updated 2026-04-28; through 04-28-2026).

Full Breakdown

Chapter 133 of the Town Code, adopted by Local Law No. 105-1982, governs every LP-gas installation in unincorporated Hempstead. Section 133-8 sets the exemption thresholds: residential installations on a one- or two-family lot are capped at 500 gallons' water capacity, and commercial installations at 2,000 gallons, before Town Board approval is triggered. Retail propane cylinder cages get their own carve-out added in 1993: a single lockable steel security cage per premises, capped at 45 filled cylinders or 212 total gallons, built to Chapter 86 building standards.

Section 133-9 flips the switch once those caps are exceeded: 501 gallons or more for residential use, or 2,001 gallons or more for commercial/industrial use, requires a Town Board storage permit, and a public hearing is mandatory at those thresholds. Every installation also needs a construction permit from the Department of Buildings under Section 133-4, sized to NFPA Pamphlet 58 (1979 edition) and cleared by the Nassau County Fire Marshal. Construction permit fees run on a sliding scale in Section 133-6, from $12 for tanks of 11 to 50 gallons up to $200 for 2,001 to 30,000 gallons, plus a flat $15 plumbing-approval fee. A Town Board hearing carries a separate $350 fee, and the storage-permit application itself costs $250 under Section 133-10.

Violations & Fines

Violating Chapter 133 is a misdemeanor under Section 133-11, punishable by a fine of up to $500, imprisonment up to six months, or both. Each week the violation continues counts as a separate additional offense, so an unpermitted tank left in place can generate repeat weekly exposure.

Frequently Asked Questions

How much propane can I store at my Hempstead home without Town Board approval?
Up to 500 gallons' water capacity for a one- or two-family residence under Section 133-8. Anything at or above 501 gallons requires a Town Board storage permit and, at that threshold, a public hearing under Section 133-9.
Do I need a permit for a small home propane tank in the Town of Hempstead?
Yes. Section 133-4 requires a construction permit from the Department of Buildings for every LP-gas installation, sized to NFPA Pamphlet 58 and cleared by the Nassau County Fire Marshal, regardless of whether it also needs Town Board storage approval.
Does this chapter apply inside the Village of Hempstead?
No. Section 133-1 limits Chapter 133 to areas within the Town of Hempstead outside incorporated villages; the Village of Hempstead and other villages in the town enforce their own separate codes.

Sources & Official References

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