For the purpose of this article, the following definitions shall
apply, unless the context clearly indicates or requires a different
meaning:
Any place where gasoline or other volatile liquid is sold,
supplied, dispensed or offered for sale to the retail motor vehicle
trade, and shall include marine filling stations serving boats or
other craft.
Liquids with a flash point below 200° F (93.3° C),
closed cup tester.
A metal receptacle of not more than 60 gallons’ capacity,
mounted on wheels, and provided with means for filling and withdrawing
liquid, and bearing the label of the National Board of Fire Underwriters.
Any gasoline pump or other gasoline-dispensing equipment
used by an owner or operator exclusively for motor vehicles or marine
craft owned or operated by the owner or operator and from which no
gasoline is sold.
The grade of article which is accepted by dealers in the
equipment and recognized as complying with all fire law regulations.
A metal receptacle of more than 60 gallons’ capacity,
mounted on wheels and ordinarily used for the purpose of transporting
gasoline.
Any place where gasoline or other volatile liquid is stored
for the purpose of sale to the wholesale trade, or any place where
the liquid is sold to the wholesale trade.
(1966 Code, ch. 7.0, art. I (sec. 1-A), art. II (sec.
3), art. III (sec. 2); 1994 Code, sec. 93.01)
It shall be unlawful for any person, or the agent or representative
of any person, to keep, store, handle or offer for sale gasoline or
any other volatile or explosive fuel or liquid or to sell any to any
boat or other craft using a volatile or explosive fuel or liquid,
except upon compliance by the person with the provisions of this article.
The regulations set forth in this article shall govern all filling
stations, wholesale or bulk storage plants, private plants, tank trucks,
buildings, boats, docks and beaches within the corporate limits of
the city in the sale and delivery of gasoline or any other volatile
or explosive fuel or liquid.
(1966 Code, ch. 7.0, art. I, sec. 1-B; 1994 Code, sec. 93.02)
(a)
Any
person desiring to erect a filling station, wholesale or bulk storage
plant, or private plant, or to erect or alter any building to be used
as a filling station or as such plant, shall first obtain a permit
therefor from the city council. The application for the permit shall
be in writing, and shall be signed by the owner or authorized agent
of the property upon which the filling station is to be located, and
shall be accompanied by four like plans showing:
(1)
The proposed layout of the filling station or plant, including the
proposed location of buildings, tank pumps and other service units;
(2)
Whether each proposed tank or pump bears the label of the Underwriters’
Laboratories, Inc.;
(3)
Any proposed use of the sidewalk area for driveways; and
(4)
The proposed method of collection of waste oil and water and the
final concentration of same for disposal;
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all in relation to contiguous street and property lines and
in relation to any abutting waterfront.
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(b)
In
granting or refusing the permit to erect or maintain a filling station,
wholesale or bulk storage plant, or private plant, or to erect or
alter any building to be used for the purposes of storing or handling
gasoline or other volatile or explosive liquid, the city council shall
take into consideration the place where the filling station, wholesale
or bulk storage plant or private plant is proposed to be established,
its contiguity to other buildings or residences, the location of public
buildings, schools and places of public resort in relation to the
location of the filling station or plant, the character and condition
of public traffic on streets immediately contiguous to or within 300
feet of the proposed filling station or plant, the classification
under the zoning regulations of the property on which any business
or operation is to be conducted, the hazards presented by the use
of the sidewalks as a means of ingress and egress to and from the
filling station or plant, and the question of whether the operation
of the filling station or plant might create odors, noises, nocturnal
illumination or increased traffic, as might be unreasonably offensive
to the inhabitants or occupants of buildings or residences adjacent
thereto or within 300 feet thereof as measured by the most direct
line.
(c)
If
the city council, after a consideration of the facts, is of the opinion
that an application for the permit should be refused, the council
before taking final action thereon shall first give the applicant
an opportunity to be fully and fairly heard on the application. Written
notice of the hearing shall be given to the applicant at least five
days before the date of the hearing.
(d)
Any
person desiring to locate, relocate or replace any tank or pump on
premises then being used as a filling station, wholesale or bulk storage
plant or private plant shall first obtain a permit therefor from the
building official. The application for the permit shall show the location
or proposed location of the equipment on the premises and the character
of the equipment, and shall show that each tank or pump to be used
bears the label of the Underwriters’ Laboratories, Inc., showing
that such is an Underwriters’ Laboratories approved pump or
tank.
(e)
After
the installation of pipe work connected with any tank or pump to be
used for handling or storing gasoline at a filling station, wholesale
or bulk storage plant, or private plant, but before the installation
has been covered or concealed from view, the person who was physically
in charge of the installation shall notify the plumbing inspector
of the facts. It shall be unlawful for any person to cover or conceal
from view the installation or cause same to be so covered or concealed
until the inspector has inspected and approved the installation.
(f)
After
the completion of the filling station, wholesale or bulk storage plant
or private plant, or the installation or the location, relocation,
or replacement of any equipment on premises then being used as a filling
station, wholesale or bulk storage plant or private plant, and the
inspection and approval thereof, as provided in this article, and
the full compliance by the applicant for the permit with all the pertinent
provisions of this article and of all laws and ordinances pertaining
to the matters, the building official shall issue a certificate of
operation for the filling station, wholesale or bulk storage plant
or private plant, or the equipment.
(g)
The
permit to operate a filling station, wholesale or bulk storage plant
or private plant, or to operate any of the equipment regulated in
this article, may be revoked by the city council if it is found by
the city council that the permittee or transferee of the permit has
failed and refused to comply with the provisions of this article and
all other laws applicable to the operation, but the city council,
before taking final action thereon, shall first give the permittee
or the transferee an opportunity to be fully and fairly heard and
written notice of the hearing must be given to the permittee or transferee
at least five days before the hearing.
(h)
For a permit for a new filling station, which shall include all inspection work by the engineering department of the proposed plan, revised plan, final inspection after completion but before operation, inspection by fire marshal and plumbing inspector of equipment and installation, inspection of pump equipment by the sealer of weights and measures, inspection for operation permit and issuance of permits, the fees set forth in the fee schedule in appendix A of this code shall be charged by the city and collected by the building official before the issuance of a permit, for and on account of the permits provided for in this article.
(1966 Code, ch. 7.0, art. I, sec. 2; 1994 Code, sec. 93.03; Ordinance adopting 2016 Code)
No building of Type V, as described and defined in the building
code of the city, shall be permitted in connection with any filling
station.
(1966 Code, ch. 7.0, art. I, sec. 3-A; 1994 Code, sec. 93.04)
It shall be unlawful to use, or allow to be used, any room,
or part of any building, hereafter to be constructed, altered, fitted,
equipped or furnished as living or sleeping quarters, if any portion
of the building is used at the same time as a filling station, or
for the purpose of storing or handling gasoline or other volatile
liquids, unless the walls, floors and ceilings separating that portion
of the building used as a filling station and that portion used as
sleeping or living quarters shall constitute an absolute fire separation,
which fire separation shall be composed of walls, floors and ceilings
unbroken by openings of any description, and of the thickness and
materials required in the matters by the terms of the building code
of the city.
(1966 Code, ch. 7.0, art. I, sec. 3-B; 1994 Code, sec. 93.05)
All pumps, tanks and other equipment used in filling stations
in connection with the storage or handling of gasoline or other volatile
liquid shall bear the label of the Underwriters’ Laboratories,
Inc., and all equipment shall be installed in compliance with the
rules and regulations governing the installations as prescribed by
the National Board of Fire Underwriters, and all equipment shall be
inspected by and approved by the plumbing inspector and the fire marshal
of the city before being placed in service.
(1966 Code, ch. 7.0, art. I, sec. 3-C; 1994 Code, sec. 93.06)
(a)
Only
underground tanks shall be used for the storage of gasoline at filling
stations. The tanks and appurtenances shall be placed entirely within
the property lines of the premises, and the distance from any part
of an underground storage tank to the nearest wall of any basement
or pit shall be not less than one foot, and to any property line that
may be built upon not less than three feet. All tanks shall bear labels
showing Underwriters’ Laboratories approval. Gasoline shall
be drawn from any tank only through an opening in the top thereof
and only by means of pumps bearing the approval of the National Board
of Fire Underwriters. The pumps and appurtenances shall be so located
on the premises as to make it impracticable to serve any motor vehicle
therefrom which is standing on a sidewalk, street, or alley. All pumps
shall be tested, examined, approved and sealed by the inspector of
weights and measures before being placed in service.
(b)
It
shall be unlawful for any person to serve or to receive service of
gasoline from any filling station pump to any motor vehicle while
the motor vehicle, or any part thereof, is standing upon or projecting
into or over any sidewalk, street or alley.
(1966 Code, ch. 7.0, art. I, secs. 3-D, 3-E; 1994 Code, sec. 93.07)
Only electric lights shall be used in buildings, rooms or on
premises where gasoline or other volatile liquid is stored or handled,
and all electric wiring for lights or meters shall be installed in
compliance with the provisions of this code and any other ordinances
and regulations of the city governing the wiring of any building or
premises, and all wiring and electrical equipment shall be inspected
and approved by the electrical inspector.
(1966 Code, ch. 7.0, art. I, sec. 3-F; 1994 Code, sec. 93.08)
Signs marked “No Smoking” shall be displayed prominently
in all filling stations at all times by the operator thereof. It shall
be unlawful for any filling station operator or employee to smoke
or have, cause or permit any open flame or fire on premises where
gasoline or other volatile liquid is handled or stored, but stoves
for heating purposes may be allowed in the premises if the flame in
the stoves is not less than 12 inches above the floor of the premises.
(1966 Code, ch. 7.0, art. I, sec. 3-G; 1994 Code, sec. 93.09)
It shall be unlawful for any filling station employee, or any
other person, to fill the tank of any motor vehicle, boat or other
craft with gasoline while the motor of any motor vehicle, boat or
other craft is running, and it shall be unlawful for any person in
control of any motor vehicle, boat or other craft to permit the motor
of same to be running while the tank of the motor vehicle, boat or
other craft is being filled with gasoline.
(1966 Code, ch. 7.0, art. I, sec. 3-H; 1994 Code, sec. 93.10)
Above-ground tanks for storing gasoline or other volatile liquids
may be used at wholesale or bulk storage plants, but it shall be unlawful
for any person to locate, place or cause to be located or placed any
tank installed above ground which is less than 100 feet from any dwelling,
school, church, theater, hospital, asylum, hotel, apartment building,
charitable or public institution or place of public assembly.
(1966 Code, ch. 7.0, art. I, sec. 3-I; 1994 Code, sec. 93.11)
All tanks and pumps hereafter installed and all equipment used
in connection with the storage and handling of gasoline and other
volatile or explosive liquids shall bear the label of the Underwriter’s
Laboratories, Inc., for use, and shall be constructed and installed
in compliance with the regulations of the National Board of Fire Underwriters
governing the construction and installation, and all tanks, pumps,
piping and equipment shall be inspected and approved by the plumbing
inspector and the fire marshal before being put into service.
(1966 Code, ch. 7.0, art. I, sec. 3-J; 1994 Code, sec. 93.12)
(b)
Gasoline
may be delivered from a tank truck to heavy construction equipment,
including tractors, concrete mixers, trench diggers, air compressors
and fire pumping engines, when in service, but not while the motor
of the equipment is running.
(c)
Gasoline
may be delivered from any tank truck directly to underground storage
tanks and to portable tanks by means of a hose, or from the tank truck
to underground storage tanks or portable tanks by means of standard
tank truck buckets; provided, however, that the use of the buckets
for these purposes shall be unlawful if:
(1)
Any filler pipe of an underground storage tank is not located at
a reasonably safe distance away from any public driveway or walkway
and unless the location has been approved by the building official;
(2)
The gasoline is delivered from a tank truck to any other container
when any part of the tank truck is standing on or over any public
driveway or public walkway.
(d)
Whenever
any gasoline is being delivered from a tank truck to an underground
storage tank or portable tank as permitted by this section, the person
delivering the gasoline shall at all times during the delivery remain
immediately present and attentive at the point of delivery. It shall
be unlawful for the person making the delivery to suffer or permit
the storage tank to overflow.
(e)
Every
portable tank shall have painted on each side the word “Gasoline”
in letters at least six inches high, and under the word “Gasoline”
there shall be painted the following: “No Smoking. Keep Open
Flame Or Lights Away.”
(f)
It
shall be unlawful for any tank truck driver or attendant thereof,
or portable tank attendant, to smoke or intentionally cause or permit
any open flame or fire while on or about the tank truck or portable
tank or while drawing gasoline or other volatile liquid therefrom.
(1966 Code, ch. 7.0, art. I, sec. 3-K–3-O; Ordinance 76-4 adopted 3/4/76; 1994 Code, sec. 93.13)
All tanks, pumps and any other equipment used in connection
with the storage or handling of gasoline or other volatile liquid
shall be kept in reasonably safe working order at all times, or the
use of same shall be discontinued until the equipment is put in safe
condition for use. This all also apply to storage fuel tanks of boats
or other craft.
(1966 Code, ch. 7.0, art. I, sec. 3-P; 1994 Code, sec. 93.14)
Underground storage tanks and portable tanks at docks or boathouses
shall be filled only during the day, unless adequate electric light
illumination is provided for nighttime servicing. It shall be unlawful
to fill any storage tank at a dock or boathouse at any time when any
person, other than an attendant or employee participating in the filling,
is within 25 feet of the filler pipe of the tank.
(1966 Code, ch. 7.0, art. I, sec. 3-Q; 1994 Code, sec. 93.15)
(a)
Where
a fuel pump is located on a dock on or along a lake or other body
of water, tanks of boats or other craft brought alongside the dock
may be filled by use of a hose attached to the pump. Fuel from a pump
not located on a dock may be carried only in a container having a
capacity of not more than five gallons and being equipped with a flexible
hose for transferring gasoline from the container, and being designed
for the purpose of transporting gasoline or other volatile explosive
fuel.
(b)
Extra
fuel may be carried on any boat or other craft only when contained
in a tightly closed metal container and only when placed in the craft
where it will not be reasonably liable to leak or spill.
(1966 Code, ch. 7.0, art. I, sec. 3-R, 3-S; 1994 Code, sec. 93.16)
No person, agent or representative of any person engaged in
the business of selling gasoline or other volatile or explosive fuel
on any dock or at any boathouse on or along the shores of any body
of water shall employ any person other than a responsible person of
mature age to handle any gasoline or other volatile or explosive fuels.
(1966 Code, ch. 7.0, art. I, sec. 3-T; 1994 Code, sec. 93.17)
(a)
No
person, firm or corporation shall store in any dwelling, apartment
house or tenement within the city, nor in any garage or outbuilding
used in connection with any dwelling, apartment house or tenement,
nor on the grounds of any dwelling, apartment house or tenement, a
total quantity of gasoline or other flammable liquids in excess of
five gallons.
(b)
A
total quantity of gasoline or other flammable liquids in excess of
five gallons shall not be stored in, on or under premises in the city
other than dwellings, apartment houses or tenements unless a permit
for the storage shall first have been obtained from the fire marshal.
All permits shall state the nature of the business of the applicant,
the maximum quantity of each kind of liquid to be kept and the location
of the storage. No fee shall be charged for any permit.
(1966 Code, ch. 7.0, art. II, secs. 1, 2; 1994 Code, sec. 93.18)
No person, firm, association or corporation shall keep or store
within the corporate limits of the city gasoline or other volatile
inflammable oil in or under premises used as retail establishments
in a total amount greater than 15,000 gallons, or in storage tanks
having a capacity of more than 5,000 gallons each.
(Ordinance 65-9 adopted 5/12/65; 1994 Code, sec. 93.19)
