HomeMy WebLinkAbout1394~'AN ORDINANCE relating to and regulating the manufacture, storage, use, handl-
ing ~nd sale of flammable liquids; pr~scribing penalties for the violation thereof,
and r~pealtng Ordinance No. 439, and Sections E, 5, 4 and 5 of Ordinance El4 of
the Clt~of Bremerton.
THE~ITY COMMISSION OF THE CITY OF BREMERTON DOES ORDAIN AS FOLLOWS:
Sectio~ 1. ~nenever used in the various sections of this ordinance relating
to the manufacture, storage, use, handling and sale of flammable liquids, the
following wo?~s and expressions are used in the sense defined in this section:
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ABOVEGROUN~TANK: A tank permanently installed above ground, and used exclu-
sively for stora~of flammable liquids.
BULK STORAGE I~LANT: Any installation for the storage, handling and selling
of flammable licuid~ or oils, from which such liquids or oils are sold at wholesale
or distributed to retail stations or private storage by tank trucks.
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CONTAINER: Any t~qk, drum, can or other vessel used for the storage, trans-
portation, mixing or using of flammable liquids.
DIP TANK: A tank or ~at or other vessel used to contain flammable liquids in
which articles are immersed~or dipped for the purposes of tempering, coating,
finishing or other treatment'A
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DISCHARGE: The flow of f~mmable liquid by gravity, pressure, syphoning,
pumping or by any other means f~pm a container. The term shall include any faucet,
pump, piping or any other device~@r means permitting such flow.
FAHR., FAHRENHEIT: The Fahrenheit thermometer.
FLAMMABLE LIQUID: Any oil or l~uid, whether of animal, vegetable or mineral
origin or a mixture, compound or disti%lation thereof, which, when heated, may be
ignited or caused to burn.
FLAMMABLE OIL: A flammable liquid.
FLASH POINT: The flash point of a flakmmable liquid as determined by the
Tagliabue Flash Point Tester or the Abel-PenSky Flash Point Tester.
MANUFACTURE: To produce any fl,mmable li~id or flammable liquid compound or
mixture, or any produce of the same, by distilling, condensing, boiling, pressing
or compounding, or by any other process.
MANUFACTURING PLANT: A factory or other establishment in which flammable
licuids are used in the process of manufacture or production of any article.
OIL STORAGE CABINET: A portable metallic cabinet~or enclosure provided espe-
cially for the storage, or keeping of small quantities O~ paints, oils and flammable
liquids.
0IL STORAGE HOUSE: A one story structure built and used exclusively for the
storage and mixing of flammable liquids, and having a floor ~rea not exceeding five
hundred (~00) square feet.
OIL STORAGE ROOM: A room constructed and used especially ~or the storage and
mixing of flammable liquids.
OIL STORAGE YARD: Any open space used exclusively for the st~age of flammable
liquids in original sealed portable containers and which is surrounded or enclosed
by a strong wire fence.
PAINT AND OIL STORE: A building or portion thereof, in which arc'stored,
handled and sold at retail, paints, varnishes, oils and flammable liquids.
PERMIT: The written authority of the Building Inspector and the Chief of the
Fire Department, issued pursuant to this ordinance for the manufacture, transporta-
tion, storage, sale or use of flammable liquids. ....
PETROLEUM: Any oil or flammable liquid taken from the earth or rock.
PETROLEUM PRODUCTS: Flammable oils derived from crude petroleum, or shale~ils,
by processes or distillation or derived from coal by distillation and known as
by-products of coke ovens.
PORTABLE CONTAINER: Any bottle, can, drum, barrel or tank, except stationary
or fixed tanks, tank trucks and tank cars, in which flammable liquids are stored for
sale or use.
Ordinance No. 1494 (cont.)
~0RTABLE SAFETY TANK: A tank for storage of gasoline or 9thor volatile
flammable liquid, which has a capacity not in excess of sixty (60) gallons, which
is so ~onstructed, arranged and guarded as to automatically prevent the posibility
of igni~on of the liquid inside.
PRIVATE STORAGE: Any installation for the storage and handling of flsm~able
liquids so~ly for private use and not for sale.
REFINER~: Any industrial establishment in which petroleum is transformed into
finished or s~i-finished products or in which flammable petroleum products are
produced. ~ .
RETAIL STATlON. Any installation,, including gasoline service stations, from
which fl~mmablel~uids are sold direct to the ultimate consumer.
SAFETY CAN:--' ~A~an for storage of gasoline or other volatile flammable liquid,
which is so constructed, arranged and guarded as to automatically prevent the
possibility of ignitio~of the liquid inside.
SEALED CONTAINER. ~ny· \ original container of flammable licuids which is sealed
as required for shipment ~r transportation by the regulations of ~he Interstate
Commerce Commission.
UNDERGR0~ND TANK: A t~k for storage underground of flammable liquids. One
which is reeulred by the terms hereof to be buried in the earth.
USE OF FL~BLE LIQUIDS: ~"~Burning, washing, cleaning, heating, generating
gas, mixing, applying, spraying~,~dipping or any other purpose or purposes to which
such liquids may be put.
: Gasoline, benzine, benzol, naphtha, toluol, carbon
VOLATILE FLAMMABLE LIQUID
bisulphide, or any other flammable i!~uld or oil having a flash point of one
hundred (100) degrees Fehrenheit or lower.
WITHDRAWAL: The discharge Or remSval of flammable liquids from a container by
any process or means.
Section 2. For the purposes hereof, ~,~lammable liquids are divided into four
(4) classes, according to flash point as follows:
Class 1. Liquids with flash point be~w twenty-five (25) degrees ~'ahrenheit.
Class 2. Liquids with flash point abov~ that for Class i liquids and below
seventy (70) degrees Fahrenheit..,
Class 3. Liquids with flash point above that for Class 2 liquids and below
one hundred eighty-seven (187) de~ees Fahrenheit.
Class 4. Liquids with a flash point above tha~ for Class 3 liquids.
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The flash points of flammable liquids shall be as ~etermined with the Tagliabue
~'lash Point Tester, or the Abel-Pensky Flash Point Testers. The Tagliabue Closed
Cup Tester (standardized by The United States Bureau of ~andards), shall, however,
be authoritative in case of dispute.~ All tests shall be m~de in accordance with
the methods adopted by the American ~ociety for Testing Ma~rials~
Representative examples of the classes of flammable_lie~ds~ are: Class 1 Liquids Class 2 Liquids~
Acetone Alcohol (Except ~yl)
Benzol Amyl-Acetate
Benzine Ethyl-Acetate
Carbon bisulphide Methyl-Acetate
Collodion Solvent Naphtha
Eth~l Toluol
Gasoline ......
Class 3 Liquids Class 4 Liquids
Amy1 Al~0hol Bean 0il
Kerosene Cylinder 0il
Naphthalene Linseed Oil
Turpentine Lubricating 0il
Pacific Coast Diesel 0fl
Any manufactured liquids or fluid commodities, such as paints, varnishes,~
dryers, thinners, cleaning solutions and polishing liquids, which contain flammable
liquids, shall be included in the above classifications according to the flash ~gint
of the mixture; provided that perfumes, hair tonics, medicinal and toilet preparat~
tions shall not be included in said classification.
Ordinance No. 1~4 (cont.)
~ere the terms "Gasoline Grade", "Alcohol Grade", "Kerosene Grade" and "Low
~" are commonly used in referring to flammable liqui~is, the same shall be held
Class l, class 2, class 3 and ulass 4 liquids respectively.
~ion 3. It shall hereafter be unlawful to manufacture, mix, store, trans-
port, or use, any flammable liquids as hereinbefore defined, without first
obtaining written permit from the Building Inspector and the uhtef of the ~'ire
Department nd without complying with all.of the provisions hereof relating to
flammable ·
Section Permits as above provided, shall be issued in accordance with the
following provi .ons:
(a) Permits ll be issued only upon applications made in writing at the office
of the Building ctor of the City of Bremerton on forms provided for the purpose,
which applications set forth the applicant's name and address, the nature of
the business at which t is intended to manufacture, store, keep or use flammable
liquids, the kind and ximum quantity of flammable licuids to be stored or used,
the location at Which same will be maintained, the purposes for which the same
are to be manufactured, Ired or used, and such other information as the Building
Inspector may require.
(b) On receiving such a ication, the Building Inspector shall refer same to
the Chief of the Fire Departme , who shall forthwith make an inspection of the
premises proposed to be used the manufacture, storage or use of such liquids
and if the same and their ings and arrangements and all tank installations,
containers, pumps, appliances and intended or required to be used in
connection therewith comply with requirements hereof, the Building Inspector
and the Chief of the Fire Dep~ ~hall issue a permit authorizing the manufac-
ture, storage or use of flammable lic ds, which permit shall be framed under glass
and posted conspicuously at such n as shall be prescribed by the Chief of
the Fire Department.
(c) The Building Inspector or the of the Fire Department are authorized
to refuse to issue such a permit if he shal ~find that the premises or their
surroundings or arrangements or the storage t~nks, containers, pumps or other
equipment as above described, do not comply wi~ the requirements hereof.
(d) A fee for issuance of each permit shall be $2.00, which shall be paid in
advance at the office of the Building Inspector on the filing of the application;
provided however, that in the event that any construction, alteration, repair or
other work is necessary in order to comply with the provisions of this ordinance,
before such permit can be issued, it shall be necessary to apply for a building
permit pursuant to the provisions of the Bremerton Building Code and to pay the
license fees prescribed thereby, in addition to the $2.00 permit fee herein referred
to.
Section 5. Ezcept in buildings and plants now used, ~re the Building
Inspector and Chief of the Fire Department consider that and surrounding
property would not be endangered thereby, no permit as above .ovided shall hereafter
be granted:
(a) To erect or establish an oil refinery within the limits the First,
Second or T~ird Building Districts, as provided and established b' he Building
Code.
(b) To manufacture flammable liquids within the above-mentioned mits.
(c) To establish any bulk storage plant, or store in aboveground , any
flammable liquids within the above-mentioned limits.
(d) To establish or maintain a paint and oil store in any building
construction within the First and Second Building Districts, or in any non- ireproof
building containing a ~la~ce of habitation, refuge or public assembly.
(e) To manufacture, store or use flammable liquids in any non-fireproof
building containing a'place of habitation, refuge or public assembly, except
drug stores, such flammable liquids as are essential in the making and
of medicines and prescriptions, providing the foregoing shall not be construed
applying to storage and use for fuel purposes of flammable liquids used in connee
tion with oil burners.
Section 6. No permit shall be re~,uired for any of the following:
~ (a) The storing or using of flammable liquids in quantities not exceeding the
following, except as otherwise specifically stated herein;
Class 1 Liquids - - - 1 Gal. Class 3 Liquids - - - 60 Gal.
Class 2 Liquids - - - 5 Gal. Class 4 Liquids - - - 120 Gal.
. ~ Ordinance No. 1494 (cont.)
(b) Gasoline or other volatile liquids contained in the service tanks of motor
vehicles, vessels, boats or aeroplanes, when such tanks are permenently connected
with the motor engines which they supply.
(c) The transportation of flammable liquids by pipe lines below ground to
refineries.
(d) The transportation of flammable liquids by railroad, provided such trans-
portation conforms to the requirements of the Interstate Commerce Commission as
formulated and published from time to time.
(e) The storing, keeping or using of paints, oils and varnishes having a flash
point not below that herein specified for Class 2 flammable liquids when maintained
temporarily for the purposes of painting or renovating.
Sect~.on 7. It shall be unlawful to make any alternations, change or addition
to any plant or installation for the manufacture, storage, use, withdrawal or
distribution of flammable liquids without the written approval of the Building
Inspector and the Chi&{ of the Fire Department.
Section 8. The Bui%ding Inspector and the Chief of the Fire Department shall
have the right, and it stikall be their duty, to require compliance with the terms of
this ordinance within thikty (30) days by giving Written notice to the party or
parties involved whenever t~.ey consider that life and surrounding property are
endangered, regardless of w~ether or not the dangerous plant or installation may
have been lawfully in operation prior to the effective date of this ordinance.
Section 9. The Buildin~spector and the Chief of the Fire Department shall
have power to modify any of the ~rovisions of this ordinance relating to the
manufacture, storage, sale and e of flammable liquids, upon application in writing
by the owner or lessee of any ding, property or thing affected thereby, when
in his Judgment there are diff ies that would make it impossible or impracticable
to carry out the strict letter or ~ent of this ordinance; provided, life and
surrounding property would not be ered thereby. The particulars of such
modification when granted, and the sion of the Chief of the Fire Department
thereon, shall be entered upon the re of the Chief of the Fire Department's
office, and a signed copy shall be shed the applicant.
Section 10. Except as otherwise in provided in this ordinance for oil
compounding tanks, every aboveground tank or the storage of flammable liquid, and
having a capacity in excess of sixty (60) ~lons, shall be located outside of any
building, and shall be constructed, i and maintained as required by this
and all other ordinances of the City of ton relating to above ground tanks
for the storage of flammable liquids.
(a) Except as otherwise provided in this inance for tanks having a capacity
of not more than sixty (60) gallons, flammable uids shall not be stored in
aboveground tanks within the First, Second, or d Building Districts, as defined
in the Building Code; provided, that this shall not,apply to tanks installed un. der
permit before the taking effect of this ordinance. ~
(b) Except as herein provided' in subsection for f~ammable liquids having a
flash point of more than four hundred (400) degrees Fahrenheit, the bapacity of
each aboveground storage tank or group of such tanks use~, designed or intended for
the storage of any flammable liquid, shall be limited in ~elation to the distance
from other property as given in the following table:
Minimum distance in ~eet that nearest tank
shall be from line ofkadJoining property
that may be built uponk, from buildings not
Capacity of Tank or Tanks in used in connection with~the flsmmeble
gallons liquid tanks, and from t~he highwater mark
of tide water and the shoe line of fresh
water bodies.
61 to 1,000 - - - ~- - 20
1,001 to ' 3,000 - - - ~ - 25
3,001 to 10,000 .... \.,~- 30
10,001 to 21,000 .... ~- 35
21,001 to 45,000 .... ~ 40
45,001 to 64,000 .... -\
64,001 to 80,000 .....
80,001 to 128,000 ....
128,001 to 200,000 ....
200,001 to 666,000 ..... lC0k
666,001 to 2,666,000 ..... 12~
~ 2,666,001 to 22,000,000 .... 150
More than 22,000,000 .... 350
Ordinance No. ~ (cont.)
n tanks are in groups of two or more, the aggregate capacity of all tanks in the
) shall be used to determine the required distance between the nearest tank
;he line of adjoining property that may be built upon, from buildings not used
in cc :tion with the tanks, and from the high water mark of tide water and the
shore .ine of fresh water bodies.
(c On premises where the aggregate capacity of all tanks used for the storage
of fl le liquids does not exceed two hundred thousand (200,000) gallons in
tanks, of which has a capacity of more than twenty thousand (20,000) gallons
and the oils stored on the premises are those having a flash point above four
hundred ( degrees Fahrenheit, the requirements of the following table of
distances 1 be complied with:
Minimum distance in feet that the nearest
tank shall be from line of adjoining
property that may be built upon, from
Quantity, in ,ions of Flammable buildings not used in connection with
Liquids Stored the Premises the flammable liquid tanks, and from the
high water ma~k of tide water and the
shore line of fresh water bodies.
121 to 500 ..... 10 feet
501 to 1,000 ..... 15 feet
1,001 to 3,000 ..... 20 feet
3,001 to 10,000 ..... 25 feet
10,001 to 40,000 ..... 30 feet
40,001 to 80,000 ..... 35 feet
80,00~ to 200,000 ..... 45 feet
(d) No aboveground tank storage of any flammable liquid Shall have a
capacity in excess of 5,000,000 ~llons and no such tank shall exceed forty-three
(43) feet in height for one forty-five (145) feet in diameter or horizon-
tal dimension if the tank is not Llndrical.
(e) No open tank shall be used~r the storage of fl.mmable liquid.
Section il. The minimum distance ~ermitted from aboveground tanks to adjacent
tanks shall be, as given in the followin~table:
Capacity of the largest of the Two
Tanks between which Distance is to Minimum Distance $o any Other
be Measured (Gallons) tank (feet)
61 to SO0 ........... 3
301 to 500 .......... 4
501 to 1,000 ..........
1,001 to 8,000 ........... 6
8,001 to 24,000 ..........
24,001 to 48,000 .......... 10
48,001 to 75,000 ........... 12
75,001 to 100,000 .......... 15
When the capacity~exceeds 100,000 gallons, the ~ance between the tanks shall
be equal to one-half (2) the diameter (or greatest ,ntal dimension if the tank
is not cylindrical), of the larger of the two tanks .n which distance is to
be measured, but in no case less than fifteen (15) feet.
Section 12. Each aboveground storage tank shall be tided with one or more
vents of sufficient capacity to adecuately relieve.internal or vacuum due
to temperature, breathing or pumping displacement. Each vent )pening shall be
provided with a noncorrodible wire screen of not less than 30 30 mesh or other
suitable flame arrestor, so attached as to completely cover ~ent opening.
Screens covering vent openings shall be made removable, but shal be kept normally
firmly attached. Screens covering vent openings must be kept cle at all times.
Each vent shall be covered at the top with a weatherproof hood.
Each gauge hole opening in an aboveground storage tank shall ~rotected with
a self-closing, non-sparking cover.
Section 13; Every aboveground storage tank shall be thoroughly unded
electrically so as to carry away all kinds of electric charges to which may
become subjected.
Section 14. Any oil filling or withdrawal pipe entering an above storage
tank below the top of the tank, shall be provided with a shut-off valve ne the
tank and a like valve immediately outside of the wall surrounding the tank.
Ordinance No. ~ (~ont.)
~ Section 15. 0ils lighter than twenty-five (25) degrees Baume shall not be
hea~ed in aboveground storage tanks. 0ils of twenty-five (25) degrees Baume and
heavier shall not be heated to a temperature of more than one hundred twenty
(120) egrees Fahrenheit while in aboveground storage tanks.
Wh~re the heating of oil in aboveground storage tanks is permitted, heating
shall be~done by steam or hot water only. Heaters shall be of substantial
construction and all Joints shall be oil tight. Heaters shall be by-passed or
provided w~th suitable means to prevent abnormal pressure. Thermometers shall be
provided at,points necessary to assure control of oil temperatures.
Section ~6. Each aboveground tank or group of less than four tanks for the
storage, of f~a~.able liquid, shall be surrounded by a reinforced concrete retain-
ing wall enclosing a space capable of holding one and one-half (1½) times the
capacity of the ~ank or group of tanks. ~here such tanks are in groups of four
or more, they sh~ be surrounded by a reinforced concrete retaining wall enclosing
a space capable of\holding the contents of all tanks in the group. The retaining
wall around every s~ch tank or group of tanks shall be entirely surrounded at the
top by an inward pro~ecting surge lip. Every such retaining wall shall be
constructed throughou~ in accordance with the provisions of the Building Code
pretaining to the construction of reinforced concrete structures. Retaining walls
shall be.constructed an'~maintained without openings other than for pipes, which
openings must be closed'tight around the pipes with concrete before oil is placed
i~ the tank or tanks. No, structure other than oil storage tank shall be placed in
the space enclosed by the retaining walls and this space must be kept free of wood,
paper, combustible rubbish 'er other combustible material, except the oil in the
tanks. No boiler, furnace Or stove shall be placed or maintained within the
enclosure and no fire shall be lighted therein for any purpose, provided, nothing
herein contained shall be construed as prohibiting the use of open flame, electric
arc or spark producing tools on, or within any tank or pipe within the enclosure
that has been made free of all f~ammable liquids and flammable and explosive vapors.
Section 17. No tank having ~,,capacity of 21,000 gallons or less shall be
within less than five (5) feet of ~e retaining wall.
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No tank having a capacity of mo~ than 21,000 gallons, but not more than
666,000 gallons, shall be within less~$han twelve (12) feet of the retaining wall.
No tank having a capacity of more $~an 666,000 gallons shall ~e within less
than sixteen (16) feet of the retaining ~all.
Section 18. Each aboveground tank foX. the storage of Class 1 and 2 liquids
shall have painted upon its sides in red le~ters at least six (6) inches high
and of proportionate width, the wording "FLAMMABLE - KEEP FIRE AWAY."
Section 19. Each aboveground tank for th~ storage of flammable liquid and
each flammable liquid still in treating tank an~all apparatus used in connection
therewith shall be provided with an efficient c~ical fire extinguishing system
that will effectually control and extinguish any ~ire that may occur in said tanks,
stills, or apparatus. If the flammable liquid tar~k or container has a capacity
of five thousand (5,000) gallons or less, the chemical fire extinguishing agent
shall be of either the carbon tetra-chloride, carbo~-dioxide, or aluminum sulphate-
licorice foam type. If the flammable liquid tank or\9ontainer has a capacity in
excess of five thousand (5,000) gallons, the chemical~ire extinguishing agent
shall be of the foam type. Each recuired chemical fir~extinguishing system shall
be connected to an adequate supply of the fire extingui~ing agent and shall be so
designed and maintained that all points of control are r~adily accessible. Carbon
tetra-chloride, when used as a fire extinguishing agent, ~hall be chemically pure
and free from moisture. Carbon-dioxide, when used as a fi~e extinguishing agent,
shall be capable of forming an oxygen-excluding blanket of ~as or foam over the
burning substance. Foam, when used as a fire extinguishing ~gent, shall consist
of a cohesive and adhesive mass of minute, long-lasting incombustible bubbles that
will not be asily broken down by intense heat or vigorous agitation. Generation
of the foam from its consituents must be practically instantane~us, leaving no
appreciable solid or liquid residum when mixed in proper proportions. One volume
of foam producing solution at a temperature of seventy (70) degree, s Fahrenheit must
produce at least eight (8) volumes of foam.
A sufficient number of employees to properly operate the recuir~d fire
extinguishing equipment shall be on hand at all times.
In addition to the foregoing, all premises upon which bulk storage~of flammable
licuids in aboveground tanks is maintaine~, shall be provided with a fi~ alarm
system as prescribed by the Chief of the ~ire Department and which shall~e connected
directly to the fire alarm system of the City of Bremerton.
Section 20. No flammable liquid shall be placed in any aboveground s age
tank until a written permit covering the storage of said liquid has been obt$ined
from the Chief of the ~Ire Department. ~\
Ordinance No. 1494 (cont.)
Lon 21. Ordinance No. 439 of the City of Bremerton, passed January 13,
1930, and ~ions 2, 3, 4 and 5 of Ordinance No. 214 of the City of Bremerton,
passed , 1907, be and the same are hereby repealed.
Section 22. Any son violating any of the provisions of this ordinance,
or £ailing to comply (301 days with the written notice of the
Building Inspector and the of the Fire Department, as in Section 8 of this
ordinance provided, shall be of a misdemeanor and may be punished by a
fine in any sum not exceeding one d dollars ($100o00), and by imprisonment
in the city Jail for not exceeding thirt 0) days.
PASSED by the City Commission of the City , signed by the Mayor,
and attested by the City Clerk in authentication h passage, this 14th day
of May, 1941.