Loading...
19820119 1982-4ORDINANCE NO. '1 9 8:2- 4 AN ORDINANCE AMENDING ARTICLE V OF CHAPTER 9 OF THE CODE OF THE CITY OF FAIRFAX, VIRGINIA BE IT ORDAINED by the City Council of the City of Fairfax) Virginia, that Article V of Chapter 9 of the Code of the City of Fairfax, Virginia, be and the same is hereby amended to read in its entirety as follows: "Article V. Alarms on Tanks for the StoraRe of Flammable or Combustible Sec. 9-23. Definitions For the purposes of this article the following definitions shall apply: (a) Comlmstible liquids. Combustible liquids as defined by The BOCA Basic Fire Prevention Cod% 0978), Section F-201.0, or any amendments thereto. {b) Flammable liquids. Flammable liquids as defined by The BOCA Basic Fire Prevention Cod% (197g), Section F-201.0, or any amendments thereto. {c) High level alarm. A device which conforms with the standards of the Under- writers Laboratories, Factory Mutual or any other testing laboratory recognized by the fire marshal, and which is capable of either of the following: (1) Emitting visible and audible signals indicating high levels of liquid in a tank, and of being monitored on the property upon which the tank is located and by the. carrier making the delivery, or (2) Emitting an audible signal and terminating the flow of liquid into the tank when the level of liquid reaches the capacity of the tank. (d) Operator. One or more persons, iointly or severally, performing their duties at the facility in whom is vested supervisory authority and responsibility for the use of a tank. The term shall include the terminal manager, the on-site supervisor or their designees. (e) Owner. One or more persons, iointly or severally, in whom is vested all or part of the beneficial ownership and a right to present use and enioyment of the premises. The term shall include a lessee. The term shall also include a mortgagee only when in possession. The term owner shall include the owner's agents, employees, and assignees. {I) Tank. Any stationary above ground container with a capacity of five thousand (5,000) liquid gallons or more which is used for the purpose of storing flammable or combustible liquids. Tanks used exclusively as "slop tanks", "pump off tanks", or "balance tanks", or "pour back tanks" are excluded from this definition provided that they are not supplied by pipelines cf interstate carriers. (g) Facility. An owners holdings of one or more tanks and adjacent buildings. {h) Property. Real and personal property of all types except combustible liquids and flammable liquids. Sec. 9-2~. (a) alarms: Alarms on Tanks. Each tank shall be equipped with one of the following types of high level (1) An alarm of the type defined in section 9-23(c)(1) above, and installed tc emit two signals. The first signal shall be activated when the amount of flammable ot combustible liquid in the tank reaches a level which is ten (10) minutes prior to reaching the tank's capacity. The second signal shall be activated when the amount of flammable or combustible liquid in the tank reaches a level which is five (5) minutes prior t¢ reaching the tank's capacity. The levels referred to herein shall be calculated at pea~ flow of the flammable or combustible liquid into the tank. -2- 1982-4 (2) An alarm of the type defined in section 9-23 (c)(2) above, and installed to emit an audible signal and terminate the flow of flammable or combustible liquid into the tank when the level of the liquid reaches the capacity of the tank. (b) No flammable or combustible liquid shall be added to any tank by any person unless it is equipped with a high level alarm certified to be in effective operating condi- tion through inspection as required in section 9-25. However, in the event of an inopera- tive high level alarm, flammable or combustible liquid may be added to a tank if such addition is manually monitored in accordance with plans approved in advance by the fire marshal. Flammable or combustible liquid may be stored in or removed from the tank when the alarm is not in effective operating condition. (c) All high level alarms installed and in operating condition on 3uly 21, 19gl shall be deemed to conform with the requirements of this ordinance provided that the visible and audible signals can readily be seen and heard on the property upon which the tank is located. Sec. 9-2.5. Inspections and reports. . (a) Inspections of alarms shall be conducted monthly by the operator in the presence of the fire marshal or his duly authorized representative. The fire marshal shall maintain a written record of such inspections. (b) The operator of each tank shall maintain a written record, in a form approved by the fire marshal, of all alarm tests, which record shall be available for inspection by the fire marshal upon request. (c) When it is discovered that an alarm is not in effective operating condition, unless the alarm can be repaired within twenty-four (2q) hours or at least two (2) hours prior to the next delivery to such tank, whichever is sooner, the operator of the tank shall immediately orally notify the fire marshal of the out of service alarm. Such oral notification shall be confirmed by the operator in writing within three (3) days thereafter on a form provided by the City. Sec. 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 require- ments 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. Within thirty (30) days of the effective date of the guidelines and procedures, any person directly subject to the guidelines and procedures may appeal such guidelines and procedures by filing with the city manager a written notice of appeal which shall be made within ten (10) days of the filing of the appeal. Such written notice shall stay the effectiveness of the guidelines and procedures pending the final decision of the city manager. Every operator of a facility with one or more tanks shall prepare and maintain an emergency plan which shall include the following: (a) Procedures for the immediate notification of the City 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 in excess of twenty-five (25) gallons: (b) On-site emergency response procedures in such event; and (c) Procedures to accomplish the requirements of this ordinance. 1982 -4 -3- (d) Such emergency plans shall be submitted to and approved by the fire marshal 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 marshal not later than sixty (60) days before such reissuance is to take place. Within thirty (30) days of the fire marshal's receipt of such plan, he 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 marshal has approved the emergency plan for the facility for which the hazardous use permit is applicable. (a) Any violation of this article which endangers or results in the loss of life, limb or property of any person shall be punished as provided by section 9-12 of this Code. (Class I misdemeanor) (b) Any violation not punishable under (a) shall be punishable by a fine of not less than $100.00 nor more than $1,000. Each day that the violation continues shall constitute a separate offense. (c) In addition to (a) and (b) a violation of section 9-28(b) which endangers or results in the loss of life, limb or property of any person shall result in the suspension of the hazardous use permit issued to the owner for storage of flammable or combustible liquids. In the event that a hazardous use permit is suspended, the operator shall have the right to appeal, the procedures for which shall be those in article IV of this chapter. Pending the appeal in a case where the violation does not result in the endangerment or loss of life, limb or property of any person, the suspension of the hazardous use permit shall be stayed. ~uspensions under this subsection shall remain in effect until the cause of the violation has been ascertained and rectified and until the facility is certified safe by the fire marshal. · Sec. 9-29. Waiver oi provisions The city manager shall have the power to waive any of the provisions of this article for up to thirty days upon application in writing by the owner when there are practical difficulties in carrying out the strict letter of this article. In all cases; the spirit of this article shall be observed and public safety secured. The particulars of such waiver when granted or allowed and the decision of the city manager thereon shall be immediately communicated to the city council, entered upon the records of the fire marshal's office and a signed copy shall be furnished to the owner. Sec. 9-30. Validity and severance. Each part, section, subsection, paragraph, sentence, clause and phrase of this article is hereby declared severable. Should any part, section, subsection, paragraph, sentence, clause or phrase of this article be declared invalid by a court of competent jurisdiction, such decision shall not affect the validity of this article in its entirety or any part thereof other than that so declared to be invalid. The city council hereby declares that it would have adopted this article and each part, section, subsection, para, graph, sentence, clause and phrase thereof, irrespective of the fact that any one or more such parts, sections, subsections, paragraphs, sentences, clauses or phrases be declared invalid. Sec. 9-3L Effective date. This article shall become effective 3anuary 20, 1982." Introduced: December 1~ 1981 Adopted: 3anuary ~ 1982 _ MAYOR ATTEST: