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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: ~it~21e~k