Unless clearly indicated to the contrary, the words and phrases used in this article shall have the same meanings ascribed to them by V.T.C.A., Health and Safety Code ch. 753, and by the Rules and Regulations for the Safe Storage, Handling and Use of Flammable Liquids at Retail Service Stations, promulgated by the Texas State Board of Insurance and dated July 15, 1970.
(Code 1972, § 10-67)
This article shall apply to all persons, firms, corporations, copartnerships, government agencies except federal, and voluntary associations storing, handling or transporting flammable liquids, and to the owner or lessee of any building, premises, equipment or vehicle in or on which flammable liquids are stored, handled, used or transported.
(Code 1972, § 10-68)
The city council shall have the power to grant exemptions from the application of this article upon request in writing so to do when such request shows that the enforcement of this article will cause unnecessary hardship to the petitioner, provided that such request shall not be granted where the requested use will constitute a distinct hazard to life or adjoining property. The particulars of such exemptions, when granted, shall be entered upon the approval granted. A copy thereof shall be retained by the city secretary.
(Code 1972, § 10-69)
Any plant, store, equipment, buildings, structure, installation, or tank vehicle for the storage, handling, use or transportation of flammable liquids which is in service as of June 22, 1964, and which is not in strict compliance with the provisions of this article, may be continued in such use unless the city council finds that such use constitutes a distinct hazard to life or adjoining property. When any use or condition is found to be distinctly hazardous to life or adjoining property, the city council shall notify the owner or operator of the facility, in writing, of such determination, and the owner or operator shall, on receipt of the notice, eliminate the hazardous condition, within 30 days.
(Code 1972, § 10-70)
Containers, tanks, equipment, apparatus, installations, tank vehicles and procedures meeting the applicable standards of the publications known as NFPA No. 30, Flammable and Combustible Liquids Code, issue of 1990 or as amended, and NFPA No. 385, Standard for Tank Vehicles for Flammable and Combustible Liquids, issue of 1990 or as amended, as published by the National Fire Protection Association, 1 Batterymarch Park, Quincy, Massachusetts 02269-9101, shall be considered as meeting the requirements of this article.
(Code 1972, § 10-71)
(a) 
The storage of class I flammable liquids in aboveground tanks outside of buildings is prohibited within the primary fire limits of the city.
(b) 
No new bulk plant shall be constructed within any portion of the city which, upon consideration of a request for a permit, is deemed primarily residential by the city council.
(Code 1972, § 10-72)
No refinery or plant storing or handling crude petroleum shall be constructed within that part of the city zoned solely for residential occupancies or for mercantile establishments predominantly retail in character. No such refinery or plant shall be constructed until approval has been given for the proposed locations with respect to topography, nearness to places of public assembly, and adequacy of water supply for fire control.
(Code 1972, § 10-73)
No one to whom this article applies shall, without first obtaining the approval of the city council:
(1) 
Store, handle or use class I liquids in excess of one gallon in a dwelling or other place of human habitation, or in excess of six gallons in any other building or other occupancy, or in excess of ten gallons outside of any building; except that no approval shall be required for the following:
a. 
For the storage or use of flammable liquids in the fuel tank of a motor vehicle, aircraft, motorboat, mobile power plant or mobile heating plant.
b. 
For the storage or use of paints, oils, varnishes or similar flammable mixtures when such liquids are stored for maintenance, painting or similar purposes for a period of not more than 30 days.
(2) 
Store, handle or use class II or class III flammable liquids in excess of 25 gallons in a building or in excess of 60 gallons outside of a building.
(3) 
Manufacture, process or refine flammable liquids.
(4) 
Operate a vehicle in the transportation of flammable liquids in bulk quantity, except tank vehicles designed in accordance with and operating under applicable rules and regulations of the interstate commerce commission, or trucks transporting flammable or combustible liquids in drums, cans or other containers of less than 60 gallons individual capacity.
(Code 1972, § 10-74)
(a) 
Application for approval to construct or erect facilities for storage, handling or use of flammable liquids, or for the operation of tank vehicles in the transportation of flammable liquids, as required by section 46-93, shall be made in writing to the city council. The council shall then cause to be made an inspection of the premises, equipment or tank vehicle proposed to be used. If they are found to be in compliance with provisions of section 46-90, a statement to that effect shall be noted on the application and the application shall be signed by the mayor. The city council shall thereupon grant approval as applied for.
(b) 
Before operating any equipment, storing any portion of any such equipment, or operating any tank vehicle for which an approval is required by this article, notification shall be made to city secretary, and the city council shall, within two working days thereof, cause such premises, equipment or tank vehicle to be inspected.
(c) 
The city council may, at any reasonable time, inspect or cause to be inspected, premises, buildings, installations, equipment or tank vehicles used for the storage, handling, use or transportation of flammable liquids. If a violation of this article is found to exist, the city council shall file with the owner, occupant or operator a notice citing the violation and ordering its correction. If the order is not complied with, the city council may suspend the approval for the facility.
(Code 1972, § 10-75)