HomeMy WebLinkAbout1827 ORDINANCE NO.
AN ORDINANCE relating to and regulating the location, storage, trans-
rtation, hanmling, an~ use cZ' liquefied petroleum gases known as butane,
~ and others; providing a permit therefor, proviming a penalty for
violation of this ordinance; anm declaring an emergency.
CITY 0F BREI~ERTON .DOES ORDAIN:
~tion 1. For the purpose of this ordinance tanks and containers
used mispensing, storing, hand, ling, ~ransporting an~ transferring liq-
uefied ;roleum gas are mefined as follows:
DIVI [ON 1. Cyiinmers having a water capacity o~' not more than ?.75
cubic feet ch nave ~een air, proved by ~h~ (J~it~d States Inter-Stat~ Com-
merce ~ ion for the interstate transportation of liquefied petroleum
gas.
DIVI .lo Stationary tanks not included within Division 1.
DIVISION .1. Tani~s used as cargo tanks in connection with tank
vehicles.
Liquefied pe .oleum gas for the purpose of t.:-~is orminance shall mean
and inclume any ma rial which is composed predominately o~' sm.y o~' the I'ol-
lowing hymrocarbons, or mixtures of them: propane, propylene, 0utane and
butylene.
Section ~. No p .on, firm or corporation shall establish, conmuct,
maintain or use any lng, structure, parcel of land or premises as a
storage mistribution or warehouse, or use any tank, tank truck, cyl-
inder or equipment for .~andling and/or dealing in liquez'ied petroleum
gases, or use any liquefied~petroleum gas un,er pressure oI' more than twenty
(~0) potu~ms to the square ~h at seventy (70) ~egrees Fahrenheit, except in
accordance with the provisio~ of the National ~ire Protection Association
and the National Board of Fi rSk Underwriters Fire Codes for Liquefied Petrol-
eum Gases, Pamohle~ Number 58,~dition of January, 1W4V, or a~endment~ there-
of, three copies cz which are o~I'ile in the oYfice oI' the City Clerk; and
such tanks must bear the seal of k~poroval of the National Board of ~ire Under
writers or the written certiI'icat~f an authorized member of the American
Society of ~echanical Engineers, ?tifying that the tank, tank truck, cylin-
der or equipment meets the requirem, s of the National Fire Protection Ass-
ociation an~! the National Board of Underwriters Fire Codes for Liquefied
Petroletun Gases, except as hereinai't~ modified.
Section 3. No tank, tank car, truck, cylinder or equipment for the
storage, use, transportation, or burnin liquefied petroleum gases shall
be used except as authorized by this and only after a certificate
of approval thereof shall have been is the Chief of the Fire Departmen
provioed, that the provisions of t~is subs~ tion shall not apply to Division
I tanks.
Section ~. No liquefied petroleum gas be stored or used except as
authorized by this orminance anm then only the issuance o~~ a permit by
the Chief cz' the Fire Department, authorizing h storage an~ the applica-
tion for said permit shall be ~'iled with the of the Fire ~epartment
and shall contain sufficient data to in~'orm him the location, nature,
character anm extent of the proposem installation.
Section 8. No liquefied petroleum gas shall be kept, stored or used in
the First Fire Zone except in metal cylinders approved for interstate trans-
portation of liquefied petroleum gas by the United States Interstate Com-
merce Co~nission, anm none o~' such cylinders shall ~ave a water capacity of
more than I'our (~) cubic ~eet. No more than two of any such tanks shall ce
installed at any one location.
No liquefied petrole~un gas shall be kept or stored for use or consump-
tion on the premises in the Second Fire Zone except in metal cylinmers ap-
proved for interstate transporation of l~.que£ied petroleum gases by the
United States Interstate Co~m~erce Connuission having a water capacity o~~ more
than 7.78 cubic feet of which there shall be no more than eight in any one
installation, or except in approved stationary tanks having a water capacit~~
of not more than twelve hundred gallons. No portable tank or container used
for liquefied petroleum gas shall be re~illed in the First or Seconm Fire
Zones, except in a cylinder filling plant approved as provimed by Section O~
No liquefied petroleum gas shall be kept, storem or usem in the Third
Fire Zone except in metal cylinders approved for interstate transportation
ox' liquefied petroleum gas by the United States Interstate Commerce Commis-
sion, and none of such cylinders shall have a water capacity of more than
?.7~ cu. ft. Not more than two of any such tanks shall be installed in any
one location.
Ordinance No. 1827 (eon't)
d 6. The transferring or dispensing of liqueI'ie~ petroleum gas
into any cylinder or tank in any building is proh~ibi ted, except at a cylin-
er tilling plant which has been approved for such use and in a builming
~ich is open on at least three sides. The transferring or ~ispensing of
l~uefied ga~s into s~y Division 11 tank on the premises where consumed shall
be~ccomplisned only by a Division 111 tank equipped with approved transfer
apparatus.
~o Division 1 cylinmer shall be filled within twenty-five (~S) feet of
any bd~lming or house trailer except in buildings constructed for such oc-
cupanc~and used exclusively ~or ohe Yiliing of cylinders. The transi~err-
lng o£ l~quefied petroleum gas from one cylinder or tank to another in any
puolic street, simewalk, alley or public way, is prohibited.
No person shall fill any cylinder or tank with liquefied petroleum gas
unless they~are a qualified operator employem by the person, firm or cor-
poration holding a vali~ permit f~.?om the Chief of the Fire Department, auth-
orizing them ~o do business, or Iill any cylinder or tank with liquei'ied
petroleum gas ~aving a vapor pressure in excess of the ratem working pres-
sure of such cy]~inder or tank; nor fill any cylinder or tank in excess
t'he rate~ capacity. ·
Attendant shA~l remain at transfer connections continuously while trans-
ferring liquefied ~troleum gas from the time connections are first made un-
til finally broken. ~
During~' the tran~er of liquei'ied petroleuun gas l'rom any Division 111 tan]
the vehicle shall be' ~Qequately protected against movement by use of chock
bl o cks.
SectionT. Divisional cylinmers must be installed upon a firm non-com-
bustible foundation, and must be secured by metal straps or chains in a man-
ner which will prevent the 'possibility of overturning, and shall be provided
with a metal enclosure with %ocking boom, except, however, that Division 1
cylinders having a maximum volumetric capacity of five gallons may be used
inside a buil~ing in connectio~ with plumbers~ pots, cutting torches, welding..
solmering aha similar uses, but~rovirled that suca use is not permanent.
Readily ignitiOle material ~hall not be permitted within ten (10) feet
of any Division 1 cylinder.
Division I cylinmers with theiF regulators, when installed on portable
equipment, shall be installed on th~exterior ~f any enclosure at least z'ive
(5) feet from the source of any ignition and shall be securely mounted and
protected from mechanical injury or st~$11 be installed in a compartment sep-
arated l'rom any other compartment by a \vapor- tight partition of non-combus-
, k
title or ~'ire-resistive material. Such ~ompartment shall be v entilatem
directly to the outsi~e.
Section ~. No more than four Division i tanks shall be transported
~simultaneously in the Fir~st Fire Zone, except on the following streets: Firs1
,Street north from the ferry terminal to Washington Street, ant Washington
Street between First Street, anm the West enm of the ~anette Bridge.
Where more than i'our such tanks are transported, they shall De carried
over the routes hereinabove described ~irectly anc.[ without stops z'or any
local delivery.
No liquefied petrole%m~ gas shall be transportem in Division lll tanks
in the First Fire Zone, except over the following streets: State ttighway No.
21-B North from the East enm of the I~,'[anette bridge, an~ ilth Street between
WycoI'f and Montgomery.
Section 9. No liquei'iem petroletuu gas shall be kept or store~ in the
Third Fire Zone in any container which shall have a,. water capacity in ex-
cess oI' thirty thousand (30,000) gallons.
k~
Section lO. No Division 111 tank shall be driven int&~, stored, parXed
or repaired in a Ouilming unless all fla~aable an~ explosive, vapors or gases
have been first removed, except buiimings used exclusively i'~ the storage or
Division 111 tanks.
\
All liquefied petroleum gas tanks which are being used as'~ holder of
fuel i'or any motor veaicle sh~l be socurely mountem anm must cO~form in all
m~ners to the ~tandarms o~' the i~ational ~oard of Fire Unaerwrita~s for such
type tanks.
Any vehicle equipped with a liqueI'ied petroleum gas fuel tanic~'shall not
be storeG, par~ed or kept in any building occupied or use~ as a pu~£c assem-
blage, theatre, apartment house, hotel, rooming house, ~etention bom% orphan-
age, hospital, sanitarium, puOlic garage, or similar occupancy.
The use of lique1'ied petroleum gas I'or che operation of' air horns'or
similar uses is prohibited.
Section 11. The following rules shall be applicable to statiomary ~is-
pensing units:
~ (a) Dispensing units shall be located at least thirty (3~) feet I'rom
~ Ordinance No. 1827 (CCh't)
ev~y above groun~ tank, public sidewalk, street, thoroughfare, property
lin~anm bui±ming.
\\(b) Dispensing un,ts shall be located not less than I'ifty (50) feet
from &~y pit or ope~ I'lame. , ~
(~) Dispensing units shall be installed on a concrete island.
(d~ Dispensing units shall be adequately protected by crash barriers
or guard~ails not less than ~0 inches in height measured above the vehicu-
lar roadway. Crash barriers ~.na guard rails shall be oI' non-cumDustible
material h~ a strength equivalent to that of six (6) inch standard weigt~J
steel pipe ~¥here vertical posts are utilized, they shall be imbedde¢~ in not
less than (2) feet of concrete below grade surface.
Section Warning signs shall be displayed as follows:
(a) 11 and Division 111 tank shall have painted where
readily visible, the word "INFLA~[[',[ABLE", having a height o~' letters at least
one-sixth (1/6) the diameter of the tank, but need not exceed 'twelve (12)
inches.
(b) Every sion 11 tank havin~ a water capacity of more than three
thousand (3000) ns shall have warning signs with the following ~ording:
"N0 ~.,iOKING 0~ OPEY, PER~',[I'fTED ~,ITHIN 50 FEET".
Section 13. On e ry Division 111 tank an~ on the premises where there
is located a Division tank, having a water capacity oi' more (titan) twelve
h'~ldred (1200) gallons, .ere shall be installed and maintained not less
than one unit of carbon ,xide type fire extinguisher or one approved dry
powder type fire extin ~r. Each type to be oi' fii'teen (lb) pound size.
Section 14. No permit s~all be granted by the Chief of the Fire Depart-
ment I'or the maintenance oI° an~ Ouilding, structure, parcel oi~ .land or pre-
mises as a storage distributi plant or warehouse l'or th~ stonage oI' lique-
I'ied petroleum gases known as :ane and propane an~ others, unless written
consent to the establis~zaent of ;orage, distribution plant or warehouse,
shall be given by the owner or ~rs oi' all property within one hundred
twenty-five (125) feet I'rom the erty lines on the property upon which
saia storage distribution plant or 'ehouse is to be located, an~ such
written consent must be obtained and ~resented to the Chief of ~he Fire De-
partment ~efore the granting of any ~'or the erection or establJ, s~ment
of said storage distribution plant or ; provided that the require-
ment oi' this section shall not apply to ting installations.
Section 15. No permit hereunder sh~ be issue~ until evimence has
been submitted to the Chie~ cZ' the Fire De~ , as hereinafter provided,
that the person, I'irm or corpoz,ation appl for a permit has the ability
to respond in damages resultin~i from the ~ship or operation oi' said plant
or warshouse sum/or tank, tank truck, cN or equipment used by said per-
son, i'ir~n or corporation in handling and/or ling in lique~'ied petroleum
gases i'or resale, and arising by reason cz' injuries to, or ~eath of,
any one person in the s~nount oi' at least ~i~5, and subject 'to -the limit
of ,~25, 000. 00 for each person injured or killed a _t .in the amount oi' at least
~50,O00.00 i'or such injury to or death of 'two or ?e persons i~ any one ac-
cident, and for the mamaLe to property of at lea~t 000.00 resulting from
any one accident.
Such proof' of ability to respond in mamages given as follows:
By delivering saim insurance policy or policies in roi' the City of
Bremerton, a municipal corporation, with said City, or ;he written certi-
ficate or certificates of any insurance carrier duly orized to mo busi-
ness within this State that it is issued to or I'or the ~el'it of said per-
son, i'irm or corporation named therein and/or the City of ~remerton, a muni-
cipal corporation, a public liability and property aamage ,licy in lawful
form, in the limits oi' ~he above named, covering dsm~ages in~: out oI' the
use anm operation of saim plant or warehouse and/or tank, truck, cylin-
der or equipment used for handling and/or dealing in liquefie petroleum
gases owned or used by sai~ person, f~rm or corporation, an~ at said pol-
icy is and will be during period cz' such permit in z'uil Z'orce ~ effect.
: Section 16.. No liqu'ei'ied petroleum gas shall be kept or st~ in con-
tanners below ~hc surface oI' the ground. Each above ground ~er for
the storage or Keeping oI' liquefied petroleum gas shall be located ~ith res-
pect to thenearest bui±oing or group oI' buildings an~ the line oi' ~rby pro-
perty that is capable oi' being ~sed l'or a building, in accordance wi the
following table:
Ordinance No. 1827 (Con,t)
~]inimum PermitteC.~ Distance from
Water Capacity Nearest Building, and the Line of
per Container Nearby .Property
Not to exceed 125 gallons
.25 to 500 gallons 10 feet
0 to 1200 gallons~ 25 feet
1 0 to 3000 gallons 50 feet
Ow 3000 gallons 75 feet
The provisions of this section shall not apply to storage or lceeping of
li¢ led petroleum gas in any metal cylinder which has a water capacity of
not 'e than V.75 cubic feet and w~'lich is ai:~proved by the United States In-
ters Commerce Commission for the interstate transportation o~' liquefied
~ gases, provided ~his section shall not apply to existing install-
ati ons.
Secti !V. Each aoove ground stationary tank ~'or storing of liquei'ied
petroleum shall be protected from impact by trucks, tractors or other
similar ~ent, where such impact is possible, by strong and heavy curbs,
fences, or s and railing, which shall be so arranged as to not hamper
free ventil around the tank; and whenever such tank is so locate~ that
it may be tampe ~d with by %uaauthorized persons it shall be surrounded by a
substantial ~'~n Ail curbs, fences, posts mum railings herein required
shall be such as a~e approvea by the Chief oi' the Fire Department as meeting
the requirements oi'~this ordinance.
Section 18. ?>.e~kearth's surface iimuediately under such aboveground tank
used i'or storage oi' liquefied petroleum gas and /'or a distance et' at least
twenty (20) feet outwaf~ therefrom, shall ~e ~ept permanently cleared of dry
grass or vegetation anm~ree from combustible or flammable material and de-
Section 19. Every syg~tem ~'or burning liqueI'i~ed petroleuzn gas with a
boiling point above zero (0~egrees Fahrenheit, shall be equipped wita a
revaporizer located o~.tside 6~' any building, which will no~ allow gas ~o con-
dense between the revaporizer ~nm the burner; anm no such system shall be
used unless the same shall be ~proved by the Chief oI' the Fire Department
~s conforming to the provisions ~I' ~his ordinance,
Section 20. All piping conve~ing liquefied petroleum gas to a burner
sha~l slope downward toward the reV~aporizer; provided, t2-~at the provisions
of 'this subsection shall not apply ~en the liqueI'ied petroleum gas is piped
to the burner from a metal cylinder W~ich nas a water capacity of not more
than 7.78 cubic feet szzd which is app~ved by the United States Interstate
Commerce Co~aission t'or interstate tra~portation of ±iquefied petroleum
gas. ~
Section 21. The following fees shall be collected for services under
this section:
For certificate of approval i'o r tank truck ~5.00
For each annual reinspec~ion o~' tank truck 2.00
For permit to install and maintain storage tank 1.00
Application z'or certii'icate, permit or reinspection shall 'be accompanied
by receipt of the City freasurer showing payment of the required amount.
Section 22. Any person, I'irm or corporation violating any of the pro-
visions of this ordinance shall be deemed guilty o~' a misdemeanor and be
punished by a l'ine in any sum not exceeding Three Hundred Dollars ((~300.00),
or by imprisonment l'or a perio~ not exceeding ninety (90) days, or both such
fine and imprisonment.
APPROVED on first reaming this 20th day of April, 19~9.
PASSED on I'inal reaming by the City Council oz' the City oi' Bremerton,
si~aed by the B~ayor and attested by the City Clerk in authentication of
such passage this 27th day o~' April, 1~49.
ATTEST: - - Mayor