HomeMy WebLinkAbout1124 01-25-1994NO. 1124
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY _
OF EULESS, TEXAS, AMENDING THE EULESS CODE OF
ORDINANCES BY AMENDING CHAPTER 34, SECTION 34-
105 "AMENDMENTS TO THE FIRE CODE" TO INCLUDE
AMENDMENTS TO SECTIONS 79.501 AND 79.1001 OF
SAID UNIFORM FIRE CODE; AND AMENDING SECTION
34 -101 "UNIFORM FIRE CODE ADOPTED" BY THE
ADOPTION OF APPENDIX II -F OF SAID UNIFORM FIRE
CODE; PROVIDING FOR THE ESTABLISHMENT OF
PROTECTED ABOVEGROUND FLAMMABLE AND
COMBUSTIBLE LIQUID STORAGE TANKS; PROVIDING
FOR PERMITS AND PLANS FOR DESIGN AND
CONSTRUCTION AND MAINTENANCE; PROVIDING A
SEVERABILITY CLAUSE; PROVIDING A SAVING
CLAUSE; REPEALING CONFLICTING ORDINANCES;
PROVIDING A PENALTY BY FINE NOT TO EXCEED THE
SUM OF TWO THOUSAND DOLLARS ($2,000.00) AND A
SEPARATE OFFENSE SHALL BE DEEMED COMMITTED
UPON EACH DAY DURING OR ON WHICH A VIOLATION
OCCURS; DECLARING AN EMERGENCY AND PROVIDING
AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EULESS, TEXAS:
I.
THAT Chapter 34, Section 34 -105 "Amendments to the Fire Code" is
hereby amended by the addition thereto of the following amendments
to Sections 79.501 and 79.1001 of said Uniform Fire Code, which
sections are hereby amended to read as follows:
"Section 79.501. Storage of Class I and Class II liquids in
aboveground tanks outside of buildings is prohibited within the
corporate limits of the City of Euless.
Exceptions: 1. Combustible Liquids (NFPA Class II, III -A and III -
B) used for the temporary storage of diesel fuel solely to be used
for supplying of equipment during periods of construction. 2. The
storage of Naphtha or White Gas meeting the requirements of Article
79 of the Uniform Fire Code, 1991 Edition. 3. Aboveground tank
installations meeting the requirements of Appendix II -F as amended
of the Uniform Fire Code, 1991 Edition."
Section 79.1001. Storage and Dispensing of flammable and
combustible liquids on farms and construction projects in
aboveground storage tanks is prohibited within the corporate limits
of the City of Euless.
Exceptions: 1. Combustible Liquids (NFPA Class II, III -A and III -
B) used for the temporary storage of diesel fuel solely to be used
for supplying of equipment during periods of construction. 2. The
storage of Naphtha or White Gas meeting the requirements of Article
79 of the Uniform Fire Code, 1991 Edition. 3. Aboveground tank
installations meeting the requirements of Appendix II -F as amended
of the Uniform Fire Code, 1991 Edition."
II.
THAT Chapter 34, Section 34 -101 "Uniform Fire Code Adopted" of the
Code of Ordinances, City of Euless, Texas, as amended, be hereby
amended to hereafter be and read as follows:
Section 34 -101. Fire prevention code - Adopted.
There is adopted by the city council for the purpose of
prescribing regulations governing conditions hazardous to
life and property from fire or explosion that certain
code known as the Uniform Fire Code recommended by the
International Fire Code Institute and the International
Conference of Building Officials, being particularly the
1991 edition thereof, including appendix I -A through C,
appendix II -A, II -D, II -E, II -F, appendix III -C, appendix
IV -B, appendix V -A, appendix VI -D, save and except such
portions as are hereafter deleted, modified or amended by
this chapter, copies of which Uniform Fire Code are on
file in the office of the city secretary. The code is
adopted and incorporated as fully as if set out at length
herein and the provisions thereof shall be controlling
within the limits of the city.
M iii
THAT Chapter 34, Section 34 -105 of the Euless Code of Ordinances,
"Amendments to the Fire Code ", is hereby amended by the addition of
a new subsection amending Appendix II -F to hereafter be and read as
follows:
"APPENDIX II -F
PROTECTED ABOVEGROUND TANKS FOR MOTOR VEHICLE
FUEL- DISPENSING STATIONS OUTSIDE BUILDINGS
1. SCOPE
Storage and dispensing of motor fuels into the fuel tanks of motor
vehicles from protected aboveground tanks located outside buildings
shall be in accordance with this appendix. However, aboveground
storage of flammable or combustible liquids shall be prohibited
from any location in which the intended use is for the retail sale
of the product or wholesale dispensing of the product to the
general public.
ORDINANCE NO. 1124, PAGE 2 OF 8
2. DEFINITIONS
For the purpose of this appendix, certain terms are defined as
follows:
FUEL DELIVERY SYSTEM is a system which consists of a tank
vehicle containing a pump, fill hose with appropriate
connections, and a person who performs the tank filling
operation of transferring fuel from the tank vehicle to an
aboveground tank.
PRECONNECTED FLEXIBLE HOSE SYSTEM is a fuel delivery system
containing a reel- mounted preconnected flexible hose having a
maximum nominal diameter of 2 inches and a manually controlled
fuel delivery nozzle at the downstream end of the hose.
RIGID HOSE SYSTEM is a fuel delivery system utilizing one or
more sections of large diameter rigid hose (usually 3 to 4
inches in nominal diameter) which does not contain a nozzle
but which contains interlocking connections for manually
connecting the hose from the tank vehicle to the tank.
PRIMARY TANK is a listed aboveground atmospheric tank used to
store liquid. See definition of "primary containment" in
Section 9.118.
PROTECTED ABOVEGROUND TANK is a tank system consisting of a
primary tank provided with protection from physical damage,
and fire - resistive protection from a high- intensity liquid
pool fire exposure. The tank system may provide these
protection elements as a unit or may be an assembly or
components, or a combination thereof.
3. PERMITS AND PLANS
A permit is required to install, operate, repair or modify
protected aboveground tanks used for storage and dispensing of
flammable or combustible liquid motor fuels.
Plans shall be submitted with permit applications. The plans shall
include the design, details, and specifications of the following:
(a) Quantities and types of liquid to be stored;
(b) Distances from tanks and dispensers to property lines and
buildings;
(c) Emergency equipment access;
(d) Fire appliances;
(e) Vehicle impact protection;
(f) Protected aboveground tanks and their supports;
(g) Method of storage and dispensing;
(h) Overfill prevention, spill containment, vents, vapor,
recovery, dispensers, and other equipment and
accessories;
(i) Seismic design in accordance with the Building Code;
ORDINANCE NO. 1124, PAGE 3 OF 8
(j) Secondary containment;
(k) Diking design and capacity;
(1) Venting;
(m) Piping;
(n) Electrical systems;
(o) Emergency controls; and,
(p) Other information as required by the Fire Marshal.
4. TANK DESIGN
(a) Protection. Protected aboveground tanks shall meet the
requirements of U.L. Subject 2085.
(b) Primary Tanks. Primary tanks shall be designed in
accordance with Article 79, Division V.
(c) Size. Individual primary tanks shall not exceed a 6,700
gallon or 18,000 gallon total aggregate capacity per
property site.
(d) Vents. 1. Capacity. The vent capacity reduction factor
as provided for in Section 79.509 (b) 4 shall not be
allowed. 2. Flame arresters. Approved flame arresters
shall be installed in normal vents.
5. INSTALLATION OF TANKS
Protected aboveground tanks shall be installed in accordance with
the following:
(a) Separation Distances. A protected aboveground tank shall
be separated by not less than:
1. Fifteen feet from any property line of property
which is or can be built upon, including the
opposite side of a public way;
2. Five feet from the nearest side of any public way
or from the nearest occupied building on the same
property; and,
3. Three feet from adjacent tanks.
4. A minimum of seventy -five feet from any residential
property line.
(b) Total Quantity. Protected aboveground tank installations
shall not exceed 18,000 gallons aggregate capacity of
primary tanks. Tank installations having the maximum
allowable aggregate capacity shall be separated from
other installations or protected aboveground tanks by not
less than 100 feet.
ORDINANCE NO. 1124, PAGE 4 OF 8
(c) Secondary Containment. Protected aboveground tanks shall
be provided with drainage or diking in accordance with a
component of the listed protected tank system. Secondary
containment systems shall be monitored either visually or
automatically. Enclosed secondary containment systems
shall be provided with emergency venting.
(d) Diking Specifications. Above ground tank facilities
shall be diked in a manner that provides for a minimum
collection of one -half (1/2) of the total aggregate
capacity. Diking method shall be of reinforced concrete
construction.
(e) Vehicle Impact Protection. Guard posts or other approved
barrier protection shall be separately provided for each
protected aboveground tank and for connected piping
subject to vehicle impact. The design of guard posts
shall be in accordance with Section 80.301 (w).
(f) overfill Prevention. Protected aboveground tanks shall
not be filled in excess of 90 percent of their capacity.
An overfill prevention system shall be provided for each
tank. During tank filling operation, the system shall:
1. Provide an independent means of notifying the
person filling the tank that the fluid level has
reached 85 percent of tank capacity. This may be
accomplished by any one of the following:
A. An alarm providing an audible or visual
signal.
B. A tank level gauge marked at 85 percent of
tank capacity.
C. Other approved means.
2. Automatically shut off the flow of fuel to the tank
when the quantity of liquid in the tank reaches 90
percent of tank capacity. For rigid hose fuel -
delivery systems, an approved means shall be
provided to empty the fill hose into the tank after
the automatic shutoff device is activated.
A permanent sign shall be provided at the fill
point for the tank documenting the filling
procedure and the tank calibration chart. The
filling procedure shall require the person filling
the tank to determine the gallonage required to
fill it to 90 percent of capacity before commencing
the fill operation.
ORDINANCE NO. 1124, PAGE 5 OF 8
(g) Fill Pipe Connections. The fill pipe shall be provided
with a means for making a direct connection to the tank
vehicle's fuel delivery hose so that the delivery of fuel
is not exposed to the open air during the filling
operation. When any portion of the fill pipe exterior to
the tank extends below the level of the top of the tank,
a check valve shall be installed in the fill pipe not
more than 12 inches from the fill hose connection. See
Section 79.508 for tank valves.
(h) Spill Containers. A spill container having a capacity of
not less than 5 gallons shall be provided for each fill
connection. For tanks with a top fill connection, spill
containers shall be noncombustible and shall be fixed to
the tank and equipped with a manual drain valve which
drains into the primary tank. For tanks with a removable
fill connection, a portable spill container shall be
provided.
(i) Signs. Warning signs and identification signs shall be
installed to clearly identify hazards. The design of
such signs shall be in accordance with Sections 79.109,
79.110, 79.807 (e) and 79.903 (d) . Conspicuous signs
prohibiting simultaneous tank filling and fuel dispensing
shall be posted.
6. INSTALLATION OF DISPENSING AND PIPING SYSTEMS
Dispensing and piping systems and electrical controls shall be
installed in accordance with Article 79, Divisions VII and IX,
except as follows:
(a) Tank Openings. Tank openings in protected aboveground
tanks shall be through the top only.
(b) Dispensing Devices. Dispensing devices are allowed to be
installed on top of or immediately adjacent to protected
aboveground tanks.
(c) Antisiphon Devices. Approved antisiphon devices shall be
installed in each external pipe connected to the tank
when the pipe extends below the level of the top of the
tank.
7. PARKING OF TANK VEHICLES
Tank vehicles shall not be parked within 25 feet of a protected
aboveground tank.
EXCEPTION: When the tank is being filled from the tank vehicle.
ORDINANCE NO. 1124, PAGE 6 OF 8
8. MAINTENANCE
Protected aboveground tanks, piping and dispensing systems shall be
maintained in a safe operating condition. Protected aboveground
tanks and components of dispensing systems shall be maintained in
accordance with their listings.
"Damage to protected aboveground tanks shall be repaired using
materials having equal or greater strength and fire resistance."
IV.
SEVERABILITY CLAUSE. That it is hereby declared to be the
intention of the City Council that the sections, paragraphs,
sentences, clauses and phrases of this ordinance are severable, and
if any phrase, clause, sentence, paragraph or section of this
ordinance shall be declared invalid or unconstitutional by the
valid judgement or decree of any court of competent jurisdiction,
such invalid or unconstitutionality shall not affect any of the
remaining phrases, clauses, sentences, paragraphs and sections of
this ordinance, since the same would have been enacted by the City
Council without the incorporation in this ordinance of any such
invalid or unconstitutional phrase, clause, sentence, paragraph or
section.
NIA
SAVINGS CLAUSE. That Chapter 34 of the Euless Code of Ordinances
and the Uniform Fire Code shall remain in full force and effect,
save and except as amended by this ordinance.
VI.
PENALTY FOR VIOLATION. Any person, firm or corporation violating
the terms and provisions of this chapter shall be deemed guilty of
a misdemeanor, and shall be punished as provided in Section 1 -12 of
this Code of Ordinances, and each day that such violation continues
shall be a separate offense; this penalty shall be cumulative of
all other remedies. Any such violation shall be deemed a violation
of a provision governing public health and sanitation under said
Section 1 -12 of this Code.
VII.
EFFECTIVE DATE. This ordinance shall be in full force and effect
from and after its passage and publication as provided by the
Euless City Charter and the laws of the State of Texas.
PRESENTED AND GIVEN FIRST AND FINAL READING at a regular meeting of
the Euless City Council on the 25th day of January
1994, by a vote of 6 ayes, 0 nays, and 0
abstentions.
ORDINANCE NO. 1124, PAGE 7 OF 8
APPROVED:
Mary Lib aleh, Mayor
ATTEST:
c
usan Cr-r'
City Secretary
APPROVED AS TO FORM:
D F
City Attorney
ORDINANCE NO. 1124, PAGE 8 OF 8