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19920714 1992-22ORDINANCE NO. 1992- AN ORDINANCE AMENDING SECTION 9-7 OF ARTICLE I, CHAPTER 9 OF THE CODE OF THE CITY OF FAIRFAX, VIRGINIA CONCERNING PENALTIES FOR VIOLATIONS OF CHAPTER 9 AND THE VIRGINIA STATEWIDE FIRE PREVENTION CODE; AMENDING SECTION 9-14 OF ARTICLE III, CHAPTER 9 OF THE CITY CODE CONCERNING LOCAL AMENDMENTS TO THE FIRE PREVENTION CODE, INCLUDING SUSPENSION AND INVALIDATION OF PERMITS, PERSONS OR ENTITIES RESPONSIBLE FOR COMPLIANCE WITH THE CODE, DEFINITIONS, SPILLS AND LEAKS, DRIVER RESPONSIBILITY, AND SAFETY ATTENDANT; AMENDING SECTION 9-19 OF ARTICLE IV, CHAPTER 9 OF THE CITY CODE CONCERNING APPEALS FROM ACTIONS OF THE FIRE MARSHAL; AMENDING SECTION 9-26 OF ARTICLE V, CHAPTER 9 OF THE CITY CODE CONCERNING AUTHORITY OF FIRE MARSHAL; REDESIGNATING AND AMENDING SECTION 9-27 OF ARTICLE V, CHAPTER 9 CONCERNING EMERGENCY PLANS; AND REPEALING SECTIONS 9-28 AND 9-29 OF ARTICLE V, CHAPTER 9 OF THE CITY CODE CONCERNING PENALTIES AND WAIVER OF PROVISIONS. 1. BE IT ORDAINED by the City Council of the City of Fairfax, Virginia that Section 9-7, Article I, Chapter 9 of the Code of the City of Fairfax is hereby amended to read in its entirety as follows: Section 9-7. Penalty. Except as otherwise noted, any person, firm or corporation who shall violate any of the sections of this chapter, including any sections of the Virginia Statewide Fire Prevention Code adopted by section 9-13, and any additions to the Virginia Fire Prevention Code adopted by section 9-14 or shall fail to comply therewith, or who shall violate or fail to comply with any order made thereunder, or who shall fail to comply with such an order within the time fixed therein shall separately for each and every such violation and noncompliance respectively, be guilty of a violation of this chapter, and shall, upon conviction, be guilty of a Class 1 misdemeanor. Each day that a violation continues after a service of notice as provided for in this Code shall be deemed a separate offense. 2. BE IT FURTHER ORDAINED by the City Council of the City of Fairfax, Virginia that a new Subsection F-104.7.1, Section 9-14, Article III, Chapter 9 of the Code of the City of Fairfax is hereby added to read in its entirety as follows: Section 9-14. Additions, deletions to the Virginia Statewide Fire Prevention Code. 1992-22 - 2 - F-104.7.1. Suspension of permit: Add Subsection F- 104.7.1 as follows: The local fire official may suspend a permit or approval under the SFPC if a violation of this code or ordinance under the fire official's jurisdiction may pose an imminent and substantial endangerment to life, limb or property. In the event that a permit or approval is suspended, the permit holder or operator shall have the right to appeal, the procedures for which shall be those in section F-105.0. Pending the appeal in a case where the violation may not pose an imminent and substantial endangerment to life, limb or property of any person, the suspension of the permit or approval shall be stayed by the Board. Suspensions under this subsection shall remain in effect until the cause of the violation has been ascertained and rectified to meet the requirements of this code or other ordinance under the fire official's jurisdiction as determined by the fire official. 3. BE IT FURTHER ORDAINED by the City Council of the City of Fairfax, Virginia that a Subsection F-104.8, Section 9- ].4, Article III, Chapter 9 of the Code of the City of Fairfax is hereby amended to read in its entirety as follows: Section 9-14. Additions, deletions to the Virginia Statewide Fire Prevention Code. F-104.S. Invalidation of permit: A permit shall become invalid if the authorized activity is not commenced within six months after issuance of the permit, or if the authorized activity is suspended or abandoned for a period of six months after the time of commencement. 4. BE IT FURTHER ORDAINED by the City Council of the City of Fairfax, Virginia that a new Subsection F-107.6.1, Article I, Section 9-14, Article III, Chapter 9 of the Code of the City of Fairfax is hereby added to read in its entirety as follows: Section 9-14. Additions, deletions to the Virginia Statewide Fire Prevention Code. F-107.$.1. Person(s) Responsible. A person in charge of, in control of or responsible for any building, structure, vehicle, device, other property, substance, material, gas, liquid, chemical or condition regulated either by this code or by an ordinance under the fire official's jurisdiction shall be responsible for compliance with all such code and ordinance provisions and regulations relating thereto. 1992-22 - 3 - 5. BE IT FURTHER ORDAINED by the City Council of the City of Fairfax, Virginia that Subsection F-201.0, Article 2, Section 9-14, Article III, Chapter 9 of the Code of the City of Fairfax is hereby amended to read as follows: Section 9-14. Additions, deletions to the Virginia Statewlde Fire Prevention Code. F-Z01.0. General Definitions. Add to this section the following definition in its entirety: Immediately: The term "immediately" shall mean without delay. 6. BE IT FURTHER ORDAINED by the City Council of the City of Fairfax, Virginia that Subsections F-2801.9 and F- 2809.2.3, Article 28, Section 9-14, Article III, Chapter 9 of the Code of the City of Fairfax are hereby amended to read in their entirety as follows: Section 9-14. Additions, deletions to the Virginia Statewide Fire Prevention Code. F-2SOL.9. Spills and Leaks. Delete the entire subsection and substitute the following: Any person in charge who witnesses, discovers, or otherwise has knowledge of a spill, leak, or other release of flammable or combustible liquids shall immediately report such spill, leak, or release to the fire official. A person in charge shall initiate appropriate procedures to contain and clean up such a spill, leak or release. The owner, operator, and other person in charge of the premises where the spill or leak occurs or of the equipment or vehicle from which the spill or leak emanates, shall be 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 waste. A written report describing the cause, location and amount of the spill, leak or release, and describing the containment and cleanup actions related thereto shall be submitted by the owner, operator or permit holder to the fire official within seven (7) calendar days after the spill, leak or release. 1992-22 - 4 - For the purposes of this subsection, the phrase "Person in Charge" shall mean any firm, corporation, or person, even a person of low rank or authority, who is solely or jointly in control of all or any portion of a premises, facility, building, structure, vehicle, device, other property, substance, material, gas, liquid, chemical or condition regulated by this code. A person in charge includes an owner, operator, permit holder, tenant, occupant, manager, employee, agent, contractor, attendant or other person. F-2809.2.3. Driver responsibility. 2809.2.3 as follows: Add subsection F- At all times before, during, and after the discharging of any flammable or combustible liquid from any tank vehicle, the driver, operator or attendant of such vehicle shall take all necessary precautions to prevent the overflow of any tank or other equipment into which such vehicle is discharging flammable or combustible liquids. At all times before, during, and after the receiving of any flammable or combustible liquid into any tank vehicle, the driver, operator or attendant of such vehicle shall take all necessary precautions to prevent the overflow of such tank vehicle or other equipment into which flammable or combustible liquids are received. As used in this section, the term "overflow" includes spillage of flammable or combustible liquids from any cause whether or not the tank or other equipment is filled to capacity. 7. BE IT FURTHER ORDAINED by the City Council of the City of Fairfax, Virginia that Subsection 9-27 of Article V, Chapter 9 of the Code of the City of Fairfax is hereby redesignated as Subsection F-2810.2, Article 28, Section 9- 14, Article III, Chapter 9 of the Code of the City of Fairfax, and is hereby amended to read as follows: Section 9-14. Additions, deletions to the Virginia Statewide Fire Prevention Code. F-2810.2. Emergency Plans. Add the following subsection: Every operator of a facility with one or more tanks shall prepare, maintain, and at all times fully comply in all respects with the approved emergency plan for that facility which shall meet the requirements of NFiPA 30 and include the following: (a) Procedures for the immediate notification of the fire official in the event of: (1) The ignition of combustible or flammable liquids, or (2) Conditions indicating the reasonable likelihood of such ignition, including but not limited to tank leaks, and combustible or flammable liquid spills; 1992-22 - 5 - (b) On-site emergency response procedures in such event; and (c) Procedures to accomplish the requirements of this section. (d) Such emergency plans shall be submitted to and approved by the fire official prior to the issuance of a hazardous use permit to operate a facility with a tank or tanks. In the case of a proposed reissuance of a hazardous use permit to operate a facility with a tank or tanks, such emergency plan shall be submitted to the fire official not later than sixty (60) days before such reissuance is to take place. Within thirty (30) days of the fire official's receipt of such plan, the fire official shall approve such plan, or disapprove such plan indicating proposed amendments to such plan which would allow its approval. No hazardous use permit shall be reissued unless the fire official has approved the emergency plan for the facility for which the hazardous use permit is applicable. 8. BE IT FURTHER ORDAINED by the City Council of the City of Fairfax, Virginia that a new Subsection F-2810.3, Article 28, Section 9-14, Article III, Chapter 9 of the Code of the City of Fairfax, is hereby added to read in its entirety as follows: Section 9-14. Additions, deletions to the Virginia Statewide Fire Prevention Code. F-2810.3. Safety attendant. follows: Add Subsection F-2810.3 as (a) Each bulk plant and terminal, as defined in NFiPA 30, shall have a designated trained and competent safety attendant present on-site and on-duty at all times when flammable or combustible liquids are received, transferred, dispensed or loaded from a pipeline, tank, container, vehicle or other vessel. Individuals receiving, transferring, dispensing or loading such liquids to or from tank vehicles shall not be designated as safety attendants. (b) The safety attendant shall observe or monitor the receipt, transfer, dispensing and loading of such liquids. (c) The safety attendant shall assure compliance with all federal, state and local laws, ordinances and safety requirements including, but not limited to, the approved emergency plan of the plant or terminal. The safety attendant shall be knowledgeable about such laws, ordinances, requirements and plan, including such requirements concerning fire safety, emergency response and spill or leak notification. 1992-22 - 6 - (d) The safety attendant shall be familiar with the location and operation of all pump controls, emergency shut-off devices, and other safety equipment, and shall be responsible for using such equipment to detect, prevent, and abate, or cause to be abated, any emergency situation. (e) At all times while on duty, the safety attendant shall be mentally and physically capable of immediately: (1) taking all necessary, appropriate and required action to detect and prevent a fire, explosion, spill or leak; (2) taking all necessary, appropriate and required action in the event of a fire, explosion, spill or leak; and (3) performing the functions and assuming the responsibilities required by this section. 9. BE IT FURTHER ORDAINED by the City Council of the City of Fairfax, Virginia that Section 9-19, Article IV, Chapter 9 of the Code of the City of Fairfax, is hereby amended to read in its entirety as follows: Section 9-19. Appeals from actions of the fire marshal. Appeals from actions of the fire marshal shall be in accordance with the currently applicable Statewide Fire Prevention Code. 10. BE IT FURTHER ORDAINED by the City Council of the City of Fairfax, Virginia that Section 9-26, Article V, Chapter 9 of the Code of the City of Fairfax, is hereby amended to read in its entirety as follows: Section 9-26. Authority of the fire marshal. (a) The fire marshal or his duly authorized representative shall administer and enforce this article. (b) The fire marshal shall have the authority to adopt and enforce reasonable guidelines and procedures pertaining to the requirements of this article, including but not limited to alarms, inspections, emergency plans, and reports. The fire marshal shall make available to the public draft guidelines and procedures pertaining to the requirements of this article, and shall mail copies of such draft guidelines and procedures to all known persons directly subject to such draft guidelines and procedures. Within thirty (30) days after the issuance of such draft guidelines and procedures any person may submit written comments on such draft guidelines and procedures to the fire marshal. The fire marshal shall thereafter establish an effective date for the guidelines and procedures and any amendments thereto, and provide copies to owners and operators. Enforcement of the guidelines by the fire marshal is subject to appeal pursuant to the procedures set forth in Section 9-14, F-105.0 of this chapter. 1992-22 - 7 - 11. BE IT FURTHER ORDAINED by the City Council of the City of Fairfax, Virginia that Sections 9-28 and 9-29 of Article V, Chapter 9 of the Code of the City of Fairfax are hereby repealed in their entirety. 12. BE IT FURTHER ORDAINED by the City Council of the City of Fairfax, Virginia that the remaining sections and subsections of Chapter 9 shall continue to read as previously enacted. This ordinance shall become effective as provided by law, with the exception of Section F-2810.3, which shall become effective 30 days after signature hereof by the Mayor. INTRODUCED: May 26, 1992 PUBLIC HEARING: June 9, 1992 ADOPTED: July 14, 1992 MAYOR DATE ATTEST: