19911126 1991-32ORDINANCE NO. lggl - 32
AN ORDINANCE AMENDING SECTION 9-14 OF
ARTICLE III, CHAPTER 9 OF THE CODE OF THE
CITY OF FAIRFAX, VIRGINIA CONCERNING
LOCAL AMENDMENTS TO THE VIRGINIA STATE-
WIDE FIRE PREVENTION CODE.
BE IT ORDAINED by the City Council of the City of Fairfax,
Virginia, that Section 9-14 of Article III, Chapter 9 of the Codei
of the City of Fairfax, Virginia is hereby amended to read in its!
entirety as follows:
Sec. 9-14. Additions, deletions to the Virginia Statewide Fire Prevention Code.
The City of Fairfax hereby adopts the additional regulations to the Virginia Statewide
Fire Prevention Code pursuant to Section 27-97 of the Code of Virginia as follows:
ARTICLE I
ADMINISTRATION AND ENFORCEMENT
SECTION F-102.0. Enforcement Authority
F-lO2.1. Enforcement officer. The provisions of the Virginia Statewide Fire Prevention
Code and the additional regulations shall be enforced by the fire marshal of the City of
Fairfax and assistant city fire marshals, also herein referred to as the fire marshal's
office, the fire marshal, assistant fire marshal, the fire prevention bureau or the fire
official.
F-lO2.1.1. Inspections by others. Add subsection F-102.1.1 as follows: The fire marshal
with approval of the chief of the fire department, may designate such other qualified
persons as he deems necessary to make fire safety inspections.
F-102.1.2. Impersonation. Add subsection F-102.1.2 as follows: It shall be unlawful for
any unauthorized person to use a badge, uniform or any other credentials so as to gain
access to any building, vehicle or premises or to otherwise falsely identify himself as thei
fire marshal or his designated representative.
F-103.4. Investigation o/ /ires. Add subsection F-103.4 as follows: The fire marshal shall
investigate or cause to be investigated, every fire or explosion occurring within the city
that is of a suspicious nature or which causes destruction of or damage to property. Such
investigation shall be made at the time of the fire or at a subsequent time, depending on
the nature and circumstances of the physical evidence and in order to preserve any
physical evidence relating to the cause or origin of such fire or explosion, take means
1991-32 -2
to prevent access by any person or persons to such building, structure or premises until
such evidence has been properly processed. The city police department, upon request
of the city fire marshal, shall assist in the investigation as needed. The results of any
such investigation shall be forwarded, by the fire marshal, to the commonwealth's
attorney for proper disposition.
F-103.$. Powers of arrest. Add subsection F-103.5 as follows: The fire marshal and
assistant fire marshals permitted under Title 27 of the Code of Virginia to do so shall
have the same police powers as a regular member of the city police department and
shall be responsible for the investigation and prosecution of all offenses involving
fires, fire bombings, bombings, attempts or threats to commit such offenses, false
alarms relating to such offenses, possession and manufacture of explosive devices,
substances, and fire bombs, and other offenses involving the calling or summoning of
fire or rescue equipment without just cause in violation of the Code of Virginia or the
Code of the City of Fairfax.
F-105.6. Responsibility. Add subsection F-103.6 as follows: It shall be in the
responsibility of the fire department's officer-in-charge, or his designee, to file with
the chief of the fire department, in such form as he shall prescribe, a report of every
fire, explosion, or incident to which apparatus or equipment responds. Such reports
shall be filed at such time and location prescribed by the chief of the fire department.
F-105.7. Summoning the fire marshal Add subsection F-103.7 as follows: The fire
department officer-in-charge at the scene of any fire, explosion or incident scene shall
immediately summon the fire marshal or assistant fire marshal to such scene to
investigate the circumstances involved where such circumstances require investigation
as outlined in F-103.4 of this code.
F-105.8. Notification of fire department. Add subsection F-103.8 as follows: In any
building subject to inspection under any provision of this code or any other code
adopted or enforced by the City of Fairfax, Virginia, where there is a fire or evidence
of a recent fire, even though extinguished, that fact shall be immediately reported by
the owner, manager, person in control of the building at the time of discovery or the
city inspector to the chief of the fire department or his designee
1991-32 -3
SECTION F-104.0. Permits
F-104.9.1. Local Fees. Add subsection F-104.9.1 as follows: Fees charged by the City
of Fairfax fire marshal's office for permits and other services will be listed in the
Rates and Levies Schedule published annually by the City of Fairfax.
ARTICLE 2
DEFINITIONS
F-201.O. Applied meaning of words and terms. Add to this section the following words,
terms and meanings:
The fire chief or chief of the fire department: The head of the city fire department, City
of Fairfax, Virginia, also referred to as the fire chief or chief of the fire department.
Fire lanes: An area designated by clearly visible signs in which parking shall be
prohibited, whether on public or private property, to ensure ready access for and to
firefighting and rescue equipment and facilities.
Fire marshal's office: The City of Fairfax Fire Marshal, and, under the authority of
the fire marshal, assistant fire marshals and other qualified designees per Section F-
102.1.1 also referred to as the fire prevention bureau or the fire official.
Legal office: Commonwealth's attorney for the City of Fairfax, and/or the office of
the city attorney for the City of Fairfax.
Occupant: Any person physically located or situated in or on any property, structure,
space or vehicle irrespective of the length of time or the reason for such occupancy.
City building code board of appeals: The local board hearing appeals of decisions of the
fire marshal also referred to as the city board.
ARTICLE 3
GENERAL PRECAUTIONS AGAINST FIRE
SECTION F-301.0 Open Burning
F-$01.3. Permit required. Delete the entire subsection and substitute the following: If
under the requirements of the City of Fairfax Air Pollution Control Chapter, a bonfire
or controlled burning is allowed, a permit for each such fire shall be obtained from the
fire official. This permit requirement does not apply to campfires, fire used for the
cooking of food, the training of firefighters under the direction of the chief of the fire
1991-32 -4
department, or fire set by a public health or safety officer where a health or fire
hazard cannot be abated by any other means.
F-301.11. Endangering other property. Add subsection F-301.11 as follows: No person
shall kindle nor authorize to be kindled nor maintain any permitted fire in such a
manner that will endanger the property of another.
F-$01.12. Negligence. Add subsection F-301.12 as follows: If any person shall carelessly
or negligently set fire to or burn or cause to be burned any property either real or
personal, whether the property of himself or of another, he shall be subject to the
penalties as set forth in section 9.7 of the Code of the City of Fairfax.
SECTION F-305.0 Torches For Removing Paint Or Sweating Pipe Joints.
F-303.3. Sweating joints. Add the following subsection F-303.3: Any person using a
torch or other lame producing device for sweating pipe joints in any building or
structure shall have available in the immediate vicinity where the sweating is done one
approved fire extinguisher or water hose connected to a water supply. Combustible
material in close proximity to the work shall be protected against ignition by shielding,
wetting or other approved means. In all cases, a fire watch shall remain in the vicinity
of the sweating operation for one-half (1/2) hour after the torch or flame producing
device has been used.
F-$06.1. General. Delete the entire subsesction and substitute the following:
Combustible materials such as paper, cotton batting, straw, cut or dry vines, leaves,
trees, artificial flowers or shrubbery, and foam plastic materials shall not be used for
decorative purposes in show windows, building lobbies, exits or exit access or other
parts of buildings, or any area of public use in such a quantity as to constitute a fire
hazard. Electric light bulbs shall not be decorated with paper or other combustible
materials.
SECTION F-313.0 Fire Lanes
F-313.1. Designation. Delete the entire subsection and substitute as follows: The fire
official shall designate fire lanes on public streets and on private property where
necessary to ensure that firefighting and rescue apparatus has the required access to
fire department connections, buildings and structures. Fire lanes shall have a minimum
width of eighteen (18) feet.
1991-32
-5
F-313.4. Signs and markings. Add section F-313.4 as follows: The property owner or
designee shall supply and install signs and other required markinss to delineate fire
lanes as directed by the fire official.
F-313.5. Specifications. Add section F-313.5 as follows: Fire Lanes shall conform to the
following specifications:
(1) Approved fire lane signs must meet the following specifications:
(a) Metal construction, dimensions twelve (12) inches by fifteen (15) inches.
(b) Red letters on a reflective white background with three-eights-inch red
trim strip around the entire outer edge of the sign.
(c) Lettering size to be as follows:
"NO PARKING" - 2 inches
"OR"- I inch
"STANDING" - 2 inches
"FIRE LANE"- 2 1/2 inches
Arrows I inch solid
Spacing between words to be uniform
(d) Other type signs or markings as approved by the fire official.
(2) Signs shall be posted at intervals and at a height above the finished grade as
directed by the fire official.
(3) Curbing shall be painted yellow within the limits of the fire lane.
F-$13.6. Illegal use. Add section F-313.6 as follows:
(1) It shall be unlawful for any person to park in the designated and marked area,
except for school buses that are in the process of receiving or discharging
students as long as the bus driver remains with the bus at all times. For the
purposes of this subsection, the term park shall mean the standing of a vehicle,
whether occupied or not, except while obeying traffic regulations, signs or
signals or except while involuntarily stopping because of causes beyond the
control of the operator of the vehicle.
(2) In any prosecution under this section, proof that the vehicle described in the
complaint, summons or warrant was parked in violation of this code, together
with proof that the defendant was at the time of such parking the registered
owner of the vehicle, shall constitute a prima facie evidentiary presumption
that such registered owner of the vehicle was the person who parked the vehicle
1991-32 -6
at the place and at the time such violation occurred.
(3) In addition, the vehicle parked in violation of this section, may be impounded
by the City of Fire Marshal's Office, Fairfax Police Department or the city fire
marshal's office and held until the penalty provided and the towing and storage
charges incurred are paid.
(4) This section shall be enforced by the city fire marshal or his staff and the city
police department.
(5) Penalty for violation of this section shall be a fine of fifty dollars ($50.00) for
each offense.
F-$15.7. Existing signs. Add subsection F-313.7 as follows: It shall be unlawful for any
person to deface, injure, tamper with, remove, destroy or impair the usefulness of any
posted fire lane sign installed under the provisions of this code.
SECTION F-319.0 Cooking Devices
F-319.1. General. Add subsection F-319.1 as follows: No charcoal cooker, brazier,
hibachi or grill or any gasoline or other flammable liquid or liquefied petroleum gas-
fired stove or similar device shall be ignited or used on the balconies or within fifteen
(15) feet of any apartment building or other structures with similar occupancy. The
management of such occupancies which have balconies shall notify their tenants in
writing of the code requirement when the tenant initially occupies the apartment and
periodically thereafter as may be necessary to ensure compliance.
F-319.2. Approved cooking devices. Add subsection F-319.2 as follows: Cooking devices
listed under section F-319.1 using either electric or natural gas as a fuel source and
listed by a recognized testing authority will be exempt from the prohibitions listed in
F319.1. The cooking device shall also be designed or approved for the use of lava rocks
or permanent bricketts only.
F-319.3. Cooking device storage. Add subsection F-319.3 as follows: The storage of
cooking devices using flammable or combustible liquids or liquefied petroleum gas
(LPG) as a fuel source shall be prohibited inside, on any balcony, or within 15 feet of
any apartment building or other structure with similar occupancy.
1991-32 -7
SECTION F-320.0 Carnival and Circus
F-320.1. Access. Add subsection F-320.1 as follows: It shall be the responsibility of the
owner, operator or other person responsible for the establishment, erection or operation
of any carnival or circus to establish, erect and operate such carnival or circus so that
there is provided and maintained an access lane, at least eighteen (18) feet in width and
capable of supporting fire and rescue apparatus in all weather conditions and so
arranged as to afford access to within fifty (50) feet of all booths, tents, rides and other
equipment, buildings, and structures used as part of or in conjunction with the carnival
or circus.
SECTION F-321.0 Blocking Exterior Access Doors
F-321.1. General. Add subsection F-321.1 as follows: In any building or structure
where exterior doors are blocked by storage, other use, or otherwise rendered
inaccessible or non-usable for fire department access, a permanent durable sign with
the words, "NO ACCESS" shall be provided on the exterior side of each door. The size
of the required lettering shall be six-inch block letters on a contrasting background as
approved by the fire official.
F-321.2. Showcases or temporary displays. Add subsection F-321.2 as follows: Showcases
or temporary displays placed, piled or installed so as to obstruct any exterior door shall
be prohibited.
SECTION F-322.0 Storage, Display, Repair
F-$22.1. General. Add subsection F-322.1 as follows: It shall be unlawful to store,
display or repair any vehicle, tool or equipment that has a fuel tank that contains a
flammable or combustible liquid or liquefied petroleum gas as a source of fuel in or on
any building or structure, or part thereof, unless such building or structure is built in
accordance with all the requirements of the Virginia Uniform Statewide Building Code.
When permitted, all flammable or combustible liquids or liquefied petroleum gas shall
be removed from the fuel tanks, fuel lines, carburetor bowls, etc., and properly purged
with an approved inert material as specified by the fire official. This section shall not
apply to single-family dwellings unless such storage, display or repair is conducted as
a business. Such businesses shall then comply with all applicable provisions of the Code
of the City of Fairfax.
1991-32 -8
SECTION F-323.0 Promulgation of Fire Safety Instructions
F-325.1. Regulations. Add subsection F-323.1 as follows: The fire official shall issue
regulations which require the owner or occupant of buildings to post signs where, in
professional judgement of the fire official, it is deemed to be effective in minimizing
the danger to persons and property in case of fire or other emergency.
ARTICLE 5
FIRE PROTECTION SYSTEMS
SECTION F-501.0 Protection Maintenance
F-501.1. General. Add the following to the first sentence of this section after the word
"order": "or voluntarily installed," ....
F-501.1.1. Faulty Alarms. Add subsection F-501.1.1 as follows: Both manual fire alarm
systems and automatic fire alarm and suppression systems shall, in addition to the
testing required by section F-511.0 of the code, be tested by the occupant/owner of a
structure whenever faulty alarms in an occupancy exceed three (3) in any three-month
period. The results of the test shall be made available to the fire official.
F-501.6. Tampering. Add subsection F-501.6 as follows: It shall be unlawful for any
person to tamper with, damage, destroy or use without just cause or authorization any
fire protection system, equipment or fire extinguisher installed in any building or
structure.
F-501.7. Hydrants and water mains. Add subsection F-501.7 as follows: It shall be
unlawful for any person to use, tamper with, damage or destroy any fire hydrants,
valve or water main within the city limits, except that fire departments may use such
hydrants for firefighting or training purposes. Such hydrants may be used by a person
who has obtained a permit for use from the public authority or utility having
jurisdiction over these items. A person who has a valid permit shall comply with all
policies as outlined on the permit or application and the permit shall be kept on the
premises and available for review by the fire marshal.
F-501.8. Obstruction. Add subsection F-501.8 as follows: No person shall plat or erect
any obstruction within four (4) feet of any fire hydrant or of any fire department
siamese connection.
1991-32 -9
F-501.10. Fire department building access. Add subsection F-501.10. All public
buildings shall provide a fire department access system as approved by thc fire official.
ARTICLE 6
MEANS OF EGRESS
SECTION F-604.0 Signs and Lighting
F-604.4. Elevator ~varning signs. Add subsection F-604.4 as follows: Elevator lobby call
stations on each floor and on all elevator cars shall be marked with approved signs
reading as follows: "USE STAIRWAYS IN CASE OF FIRE DO NOT USE
ELEVATOR". The requirements of this section shall apply to all buildings. Elevators
installed in use groups R-3 and R-4 shall be exempt from the provisions of this section.
ARTICLE 9
Application of Flammable Finishes
SECTION F-906.0 Floor Refinishing
F-P06.1. General. Add subsection F-906.1 as follows: Floor refinishing operations shall
be conducted in areas having adequate natural or mechanical ventilation to remove
flammable vapors.
F-906.2. Fire safety requirements. Add subsection F-906.2 as follows:
(1) Smoking or open flames shall not be permitted in an area where floor finish is
bcing applicd.
(2) All sourccs of ignition shall bc rcmovcd or cut off prior to applying any floor
finishcs, i.e. pilot lights, refrigerators, furnaccs, etc.
(3) Thc structurc shall be kcpt vcntilatcd until floor surf acc is dry and is not
emitting a flammablc vapor.
1991-32 -10
ARTICLE 26
EXPLOSIVES, AMMUNITION AND BLASTING AGENTS
SECTION F-2602.0 Storage of Explosive Materials
F-2602.9. Records. Add subsection F-2602.9 as follows: Daily records shall be kept as
to the amount of explosives received from a supplier and delivered to the magazine.
Also, a daily record shall be kept of the explosives removed from the magazine for
daily use and the amount of explosives returned. This record will be kept within the
magazine so that on inspection of the magazine, an accountability for all explosives
shall be broken down to the different types stored and used.
F-2603.1.1. Vehicle permit. Add new subsection as follows: Each vehicle transporting
explosives within the city shall be required to obtain a vehicle permit from the fire
official. The permit shall be valid for six (6) months and shall be revoked for failure
to maintain the vehicle in a safe operating condition.
Article 27. Fireworks. Delete in its entirety and substitute the following:
ARTICLE 27
FIREWORKS AND MODEL ROCKETRY
F-2700.1. Scope. The manufacture of fireworks is prohibited within the City of
Fairfax. The display, sale, or discharge of fireworks shall comply with the
requirements of this article. This article shall also govern the design, construction, and
use of model rockets.
F-2700.2. Definitions.
(a) Fireworks shall mean and include any article, device, or any substance or
combination of substances designed for the purpose of producing a visible or
audible effect by combustion, explosion, deflagration or detonation, regardless
of its name or form of construction. This shall include, but not be limited to,
those items known as firecrackers, cherry bombs, Roman candles, torpedoes,
skyrockets and any other substance or thing of whatever form of construction
containing nitrates, chlorates, oxalate, sulphide of lead, barium, antimony,
nitroglycerine, phosphorus or any other explosive or flammable compound or
substance.
1991-32 -11
(b)
(c)
(d)
Retailer shall mean any persons selling fireworks or offering fireworks for sale
at retail.
Wholesalers shall mean a person, firm or corporation offering fireworks for sale
or selling fireworks to a retailer. Such term shall include a manufacturer of
fireworks, a representative of any such manufacturer, a distributor, a jobber
and a middleman of any description dealing in fireworks, any of whom shall
sell or offer to sell fireworks to a retailer within the city.
Approved shall mean as approved by the city fire marshal
SECTION F-2701.0 Unlawful Use and Approval
F-2701.1. Unla~vful activities. Except as hereinafter provided, it shall be unlawful for
any person, firm or corporation to transport, manufacture, store, possess, sell, offer for
sale, expose for sale or to buy, use, ignite or explode any fireworks.
F-2701.2. Permissible fireworks. The provisions of F-2701.1 shall not apply to fireworks
which have been approved by thc fire marshal's office. Such permissible fireworks
shall have a hard-coated or slow-burning fuse at least one and one-half (1 1/2) inches
long with a burning rate of not less than four (4) seconds. Such permissible fireworks
shall be used only on private property with thc approval of the owner. Any fireworks
which explode or which emit flame or sparks to a distance greater than twelve (12) feet
or perform as a projectile or have a quick match fuse are prohibited. The sale or
storage of any fireworks shall be prohibited on the property of another without thc
express written permission of thc owner. Thc sale of fireworks to minors shall be
prohibited unless the minor is accompanied by a parent, legal guardian or responsible
adult. The sale of fireworks by a minor shall be prohibited.
F-2701.$. Approval of permissible fire~vorks. Persons engaged in the business of selling
or offering to sell fireworks at wholesale shall submit to the city fire marshal for
approval, at least five (5) samples of each fireworks intended to bc sold or delivered
by such wholesaler, together with complete specifications including thc manufacturer
and trade name of such fireworks and a chemical analysis of each such fireworks so
submitted. Said samples, specifications and chemical analysis shall be submitted to thc
fire marshal no later than ninety (90) days prior to thc proposed sale date in the city.
No wholesaler shall sell or deliver in thc city any fireworks other than those so
approved.
1991-32 -12
SECTION F-2702.0 Records
F-2702.1. Records to be kept by wholesaler and retailer. Each wholesaler shall maintain
full and complete records of all purchases and sales of fireworks and each retailer shall
maintain full and complete records of all purchases of fireworks. The city fire marshal
or his designated agent is authorized to examine the books and records of any
wholesaler or retailer as they relate to the purchases and sales of fireworks within the
city.
SECTION F-2703.0 Permits
F-2705.1. Permit required for sale of fireworks. It shall be unlawful for any person,
firm or corporation, wholesaler or retailer to sell, offer for sale or expose for sale any
fireworks within the city without a permit from the fire marshal's office. This permit
shall be valid for the period June 1 to July 15 of each year. Such permit shall be issued
only after the applicant files with the fire marshal's office a certificate of insurance
which shows that the applicant has liability insurance in the amount of at least two
million dollars ($2,000,000.00) combined single limit for bodily injury and property
damage. This insurance policy shall become available for the payment of any damage
arising from the acts or omissions of the applicant, his agents or his employees in
connection with the activities authorized by the permit. The applicant shall ensure that
the insurance policy is in effect at the time of the commencement of the activities
authorized by the permit, and remains continuously in effect until such activities are
completed. Retailing of fireworks shall be done only from a fixed location. Such
locations shall comply with all City of Fairfax rules and regulations applicable to such
sites.
F-2705.2. Permit required for display of aerial fireworks. The fire marshal's office may
issue permits, upon application in writing, for the display of aerial fireworks,
commonly known as pyrotechnic displays, for fair associations, amusement parks or by
any organization, individual, or group of individuals; provided such display is in
general accord with the applicable sections of NFiPA 1123, as listed in Appendix A of
this code. After such permit has been issued, sales of fireworks may be made for use
under such permit and the association, organization, group or individual to which it is
issued may make use of such fireworks under the terms and conditions of such permit.
No permit shall be issued until the applicant files with the fire marshal's office a
certificate of insurance which shows that the applicant has liability insurance in the
amount of at least two million dollars ($2,000,000.00) combined single limit for bodily
1991-32
-13
injury and property damage. This insurance policy shall become available for the
payment of any damage arising from the acts or omissions of the applicant, his agents
or his employees in connection with the display of aerial fireworks. The applicant shall
ensure that the insurance policy is in effect at the time of the commencement of the
activities authorized by the permit, and remains continuously in effect until such
activities are completed.
SECTION F-2704.0 Seizure and Destruction
F-2704.1. Seizure and destruction of certain fireworks. Any City of Fairfax law
enforcement officer arresting any person for a violation of this chapter shall seize the
fireworks in question in the possession or under the control of any person so arrested
and shall hold the same until final disposition of any criminal proceedings against such
person. If a judgement of conviction be entered against such person the court shall
order destruction of such article upon expiration of the time allowed for appeal of such
judgement of conviction. Any fire marshal encountering fireworks in violation of this
code shall seize such fireworks and shall hold such until final disposition of any
criminal procedures related to the violation. If a judgement of conviction be entered
against such person, the court shall order destruction of such articles upon expiration
of the time allowed for appeal for such judgement of conviction.
F-2704.2. Criminal proceedings. Where no criminal proceedings can be instituted due
to lack of knowledge as to who owns or is responsible for the fireworks, the fireworks
in question shall be destroyed after thirty (30) days.
SECTION F-2705.0 Model Rocketry
F-2705.1. The design, construction and use of model rockets. The design, construction and
use of model rockets shall be reasonably safe to persons and property. Evidence that
design, construction and use of model rockets is in accordance with NFiPA 1122 as
listed in Appendix A of this code, shall be evidence that such design, construction and
use provides reasonable safety to persons and property. Any type of rocketry other
than that described in the definition of model rocketry as set forth in NFiPA 1122 as
listed in Appendix A of this code, is prohibited.
1991-32 -14
ARTICLE 28
Flammable and Combustible Liquids
SECTION F-2801.0 Fire Safety Requirements
F-2801.2. Containers, tanks, equipment, and apparatus. Add the following at the end of
the existing subsection: "by the fire official. All storage facilities comprised of any
number of tanks above or below ground with a total capacity of one thousand (1,000)
gallons or more shall maintain a spill prevention and control plan on site on a form
prescribed by the fire official and approved by the fire official.
F-2801.9. Spills and leaks. Delete the entire subsection and substitute the following:
Flammable and combustible liquid spills and leaks shall be reported to the fire official
immediately the owner and the tenant or other person in control of the premises when
a spill or leak occurs, or when a spill or leak is discovered, shall be fully responsible for
the containment and clean up of the flammable or combustible liquid and containment
of the vapors released therefrom to the satisfaction of the fire official and for the
disposal of the waste.
SECTION F-2805.0 Above-ground Tank Storage
F-2805.1.1. Other accepted use. Add subsection F-2805.1.1 as follows: Aboveground
tanks may be used for the storage of flammable or combustible liquids which are used
as motor fuel for agricultural or privately owned vehicles such tanks shall have a
maximum two hundred seventy-five (275) gallon capacity and shall be located on
property under the control of the operator of such vehicles. All other applicable
regulations and requirements of this code and other applicable laws shall govern.
Other applications for above ground storage of flammable or combustible liquids may
be approved by the fire official.
F-2805.1.2. Tank protection. Add subsection F-2805.1.2 as follows: All tanks shall be
protected from flooding and corrosion in accordance with NFiPA 30 listed in Appendix
A to protect the tank and its piping and fittings. All storage systems protected by a
cathodic protection system must have a test system installed to take structure-to-soil
potential measurements which must be taken at one-year intervals. The measurements
must be recorded and kept at the facility for inspection by the fire official. All storage
systems protected by impressed current systems must be designed so that the impressed
current source cannot be de-energized, even in the event that the facility is closed.
1991-32 -15
SECTION F-2809.0 Tank Vehicles
F-2809.1.2. (1) Parking. Delete the entire section and substitute the following: Tank
vehicles shall not be parked or left unattended on any street, highway, avenue or alley,
provided that this restriction shall not prevent a driver from the necessary absence
from the vehicle in connection with the delivery of the load, except that during actual
discharge of the liquid, some responsible person shall be present at the vehicle. Tank
vehicles shall ONLY be parked out of doors at bulk petroleum storage facilities or other
locations approved by the fire official.
F-2809.1.2 (4). Smoking. Add subsection F-2809.1.2 (4) as follows: It shall be unlawful
for any driver, operator, attendant or passenger to smoke in, or around any tank vehicle
which hauls any flammable or combustible liquid. It shall be unlawful to load or
unload wherever there is smoking, lighting of matches, or other flame or spark-
producing devices or the carrying of any flame or lighted cigar, pipe cigarette.
F-2809.2.3. Driver responsibility. Add subsection F-2809.2.3 as follows: The driver,
operator or attendant of any tank vehicle shall take all necessary precautions to prevent
the overflow of any tank into which it is discharging flammable or combustible liquids,
before he discharges any liquid from such tank vehicle.
SECTION F-2810.0 Bulk, Processing, and Industrial Plants
F-2810.1. General. Add the following subsection: Bulk, processing or industrial plants,
refineries or other plants and distilleries and all buildings, tanks and equipment used
for the storage, processing, distillation, refining or blending of flammable or
combustible liquids shall be located, constructed and used in accordance with the
building code and NFiPA 30 listed in Appendix A and any other applicable law or
ordinance of the jurisdiction. Such installation shall be permitted only under a special
use permit granted by the City Council.
ARTICLE 34
PESTICIDE STORAGE
SECTION F-3400.0 General
F-3400.2. Permit required. Add new section as follows: A permit shall be required for
the manufacture, storage, or use of pesticides exceeding twenty-five (25) gallons or
twenty-five (25) pounds.
1991-32 -16
Appendix A add the following standards:
NFiPA Code for Unmanned Rockets. 1122-87. (Ref. F-2705.1)
NFiPA Code for Public Display of Fireworks. 1123-90. (Ref. F-2703.2)
(Ord. No. 1988-12, 5-31-88; Ord. No. 1989-1, 1-10-89; Ord. No. 1989-39, 8-29-89)
Sees. 9-15 -- 9-18. Reserved.
This ordinance shall become effective as provided by law.
INTRODUCED:
PUBLIC HEARING:
ADOPTED:
November 12, 1991
November 26. 1991
November 26, 1991
MAYOR
ATTEST:
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