For the purpose of this chapter, the following words shall have
the following meanings respectively ascribed to them by this section:
"Approved"
means the approval of the chief of the fire department, the
state commissioner of public safety or the state fire marshal.
"Dike"
means the impoundment area or wall around the aboveground
tank designed to contain and impound accidentally discharged petroleum
products.
"Flammable liquid"
means any fluid which will emit a vapor which can be ignited
by flame or spark.
A.
"Class A" means any flammable liquid having a flashpoint below
one hundred degrees Fahrenheit (37.8° C), to be ascertained by
standard closed-cup instruments.
B.
"Class B" means any flammable liquid having a flashpoint of
not less than one hundred degrees Fahrenheit (37.8° C), nor higher
than one hundred eighty-seven degrees Fahrenheit, to be ascertained
by standard closed-cup instrument.
"F.P.R."
means Fire Prevention Rules and Regulations made by the Board
of Fire Prevention Regulations of the Commonwealth of Massachusetts
Department of Public Safety in accordance with the provisions of Chapter
148, Sections 9, 10 and 38 of the General Laws, Tercentenary Edition,
as amended.
"License"
means the authority granted to the city council by General
Laws, Chapter 148, Section 13.
"Permit"
means the authority granted by the chief of the fire department.
"Storage terminal"
means a place for the bulk storage of flammable liquids in
an amount exceeding one million gallons.
(Prior revision § 7-41; C.O. 78-1061 § 1 (part))
A. No storage
tank for flammable liquids shall be located aboveground having a capacity
for more than four thousand gallons of class A liquid or five thousand
gallons of class B liquid, unless enclosed within a metal, reinforced-concrete,
clay-core or earthen dike not higher than one-half the amount of the
highest tank enclosed, forming an impoundment area not less than the
capacity of the largest tank plus ten percent of the aggregate capacity
of all other tanks within the impoundment area.
B. A dike
surrounding a tank containing fluid susceptible to a boilover shall
form an impoundment area having a capacity of not less than one hundred
twenty-five percent of the capacity of the tank or group of tanks
surrounded.
C. Tanks
containing fluid susceptible to boilover shall be equipped at the
top with a flareback section designed to turn back a boilover wave.
D. The
total gallonage of a group of tanks to be enclosed in any group of
tanks to be enclosed in any one diked area shall not exceed six million
three hundred thousand gallons, and any single tank in excess of this
amount shall be separately diked.
(Prior revision § 7-42 (part); C.O. 78-1061 § 1 (part))
A. The
dike or impoundment area embankment shall be made of earth, gravel
fill, clay core, masonry, reinforced concrete or steel designed to
be liquid-tight and to withstand a full hydrostatic load. An earthen
dike or impoundment area shall be firmly and compactly built of clean
earth from which stone, vegetable matter, etc., have been removed;
and shall have a flat top not less than three feet in width and slope
of at least one and one-half to one on both sides.
B. To permit
access, the outside base of the dike at ground level shall be no closer
than ten feet to any property line that is or can be built upon.
C. The
chief of the fire department shall direct and require the owners of
aboveground storage tanks, at their owner's expense, to give special
treatment to diked areas where class A and B liquids are stored which
are located in extremely porous soils to prevent seepage of hazardous
quantities of liquids to low-lying areas or waterways in case of spills.
D. Tanks
with capacities of not over twenty-five thousand gallons each may
be grouped and an impoundment area or dike built around the group
or tanks.
E. Impoundment
areas or dikes shall be continuous with no openings for piping or
roadways. Piping shall be laid over or under impoundment areas or
dikes.
F. No building
shall be located within a diked area.
(Prior revision § 7-42 (part); C.O. 78-1061 § 1 (part))
The following rules of the Commonwealth, Department of Public
Safety, Board of Fire Prevention Regulations, are adopted by reference
and incorporated as a part of this chapter: Rules 1, 2, 3, 4, 5, 6,
7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24,
25, 26, 27, 28, 29, 30, 31, 37, 38, 39, 40, 41, 42, 43, 44, 45, 46A,
46B, 46C, 47, 48, 49, 50.
(Prior revision § 7-73B; C.O. 78-1061 § 4; C.O. 83-52 § 41)
All tanks described in Sections
8.20.020 and
8.20.030 receiving transfer of flammable liquids from mainline pipeline or marine vessels shall be equipped with an independent alarm, at the owner's expense, located where personnel are on duty during the transfer, who shall supervise and monitor the operation and arrange for flow stoppage or diversion to prevent overfilling of tanks and to detect any leakage caused by a breach of a tank wall or footing.
(Prior revision § 7-73A; C.O. 78-1061 § 3)
Such means of fire protection shall be provided in connection
with aboveground storage of flammable liquids as may be required by
the chief of the fire department. Any person aggrieved by an order
of the chief may, in writing, appeal within ten days to the state
fire marshal. The decision of the state fire marshal relating to such
protection shall be final.
(Prior revision § 7-43)
No tank contemplated by this chapter shall be cleaned, washed
or flushed except under such conditions as may be prescribed by the
chief of the fire department. No such operation shall be started until
a permit, in writing, has been issued by the chief of the fire department.
All waste material removed from a tank shall be disposed of in a place
and manner approved by the chief of the fire department.
(Prior revision § 7-44)
No ship, tanker or watercraft shall discharge or receive any
class A or class B liquids unless competent persons are present to
supervise the operation during the entire period by such method as
may be prescribed by the chief of the fire department.
(Prior revision § 7-45)
In the event of a leak, rupture, spill, overflow or other accident
involving the handling of flammable liquids, the fire department shall
be immediately notified.
(Prior revision § 7-46)
No person shall pump, discharge, deposit, throw or spill, or
cause to be pumped, discharged, deposited, thrown or spilled, into
or on the waters of any lake, pond, river, creek, brook or drain,
or into any public or private drain or sewer, or into or on the waters
of any harbor, cove or bay, or on the land beyond that owned or controlled
by the person, any crude petroleum or its products or any other flammable
fluid, or any bilge water, or any water, or any sewerage of any private
sewer, containing any of such substances.
(Prior revision § 7-47)
A. Whenever
any ship or vessel enters any wharf or petroleum-product storage terminal
to deposit petroleum products into tanks or other receptacles, within
the city and its waters, it shall be provided with a plastic or other
boom surrounding such ship so as to contain any seepage, overflow
or excess petroleum product and prevent the same from getting into
and otherwise contaminating the waters of the city, Boston Harbor
or surrounding waters.
B. It shall
be the responsibility of the terminal owners and operators to provide
this plastic boom for such purpose.
C. The
city harbormaster shall be charged with enforcement of this section
and he or she shall report all violations to the mayor, the city council,
the state and the city departments of public health, the fire chief,
the United States Coast Guard, the Army Corps of Engineers and all
others concerned.
(Prior revision § 7-48)
The area within a dike shall only be drained with the written
consent of the chief of the fire department and until authorized by
such permit all dike drain valves shall be kept tightly closed and
locked.
(Prior revision § 7-49)
A. Any
storage terminal having a capacity for more than three million five
hundred thousand gallons of class A or class B liquids shall be protected
by an approved means of watchman service.
B. A trained
and competent yardman shall conduct systematic and periodic inspections
of all product storage areas, loading racks and dock areas not less
than every two hours to ensure the proper and safe operation of all
terminal, land and marine facilities. At the expense of the terminal
owners and operators, recording devices shall be installed at various
sector locations on terminal property, approved by the chief of the
fire department, to allow a trained and competent yardman on inspection
tours to record the time, date, location and condition of various
sector locations within the terminal area.
C. Inspection
logs shall be maintained which indicate the name of the person recording
the inspection information, the time and date of each inspection and
the condition reported at each inspection location. Inspection logs
shall be made available to personnel of the fire department for periodic
review.
(Prior revision § 7-50; C.O. 78-1061 § 7)
Before the exercise of any license granted for the storage,
sale or handling of any product authorized in the license, a certificate
of use and occupancy shall be received from the chief of the fire
department.
(Prior revision § 7-51)
The owner of any terminal, if the storage capacity is in excess
of one million gallons, shall maintain a plant fire department. The
members of such department shall be trained in the methods of fire
prevention and fire extinguishment. At least one man shall be continuously
on duty who is fully familiar with the operation of the terminal mechanical
foam system.
(Prior revision § 7-52)
No vehicle, except tank trucks, tank cars, company trucks or
freight trucks shall be allowed upon the premises where flammable
liquid is stored, transported or handled unless in an area set apart
for parking purposes by the chief of the fire department.
(Prior revision § 7-53)
Vegetation growing on dikes and within the interior of a dike
shall be kept cut close to the earth and immediately after cutting
shall be removed from the tank storage area.
(Prior revision § 7-54)
No structural changes shall be made at any plant until such
changes have been approved by the chief of the fire department.
(Prior revision § 7-55)
The chief of the fire department shall not approve the construction
or repair of any aboveground storage tank which is proposed to be
constructed or repaired using the so-called "floating roof." Further,
the chief of the fire department shall also require all storage tanks
which are equipped with floating roofs as of the effective date of
the ordinance from which this section derives to be covered on or
before December 31, 1979, with a roof which can withstand ice and
snow loading and is approved by the chief of the fire department.
(Prior revision § 7-55.1; C.O. 78-1061 § 2)
No open-flame device shall be used for the purpose of thawing
frozen pipes, valves or pipelines and no such device shall be used
to generate steam for such a purpose on premises regulated by this
chapter.
(Prior revision § 7-56)
Welding or the use of any apparatus or tool that may emit a
spark or flame shall not be permitted or used upon any premises regulated
by this chapter unless a permit, in writing, has been issued by the
chief of the fire department.
(Prior revision § 7-57)
On premises regulated by this chapter, motor vehicle batteries
shall not be repaired or charged in a garage. Vehicle repairs shall
only be made in that part of a garage separated from the storage section
by an approved unpierced firewall. A garage shall only be used for
the storage of company-owned motor trucks and the contents of a truck
storage tank.
(Prior revision § 7-58)
A. No oil
tank truck shall be filled or allowed upon any premises regulated
by this chapter unless the truck has been inspected and approved by
the fire marshal.
B. Such
certificate of approval shall be posted in a protected place near
the driver's seat on the tractor for which it was issued. In the case
of a semi-trailer the certificate or approval identification plate
shall be carried in the semi-trailer for which it was issued.
(Prior revision § 7-59)
A. There
shall be a trained and competent yard person constantly on duty during
and at the place of operation to supervise and regulate the racks
and bays where vehicular oil tankers are being loaded with petroleum
product. During the entire operation the fill valve shall be held
open only by hand and when the hand is removed the valve shall close
instantly.
B. No tank
car shall be loaded or unloaded unless a competent person is constantly
on duty during and at the place of operation and only such number
of cars shall be loaded as can be controlled without danger of accident
or overflow.
(Prior revision § 7-60; C.O. 78-1061 § 6)
"NO SMOKING" signs shall be conspicuously posted upon the premises
regulated by this chapter and smoking shall only be allowed in a section
set apart for that purpose by the chief of the fire department.
(Prior revision § 7-61)
Tanks, buildings, electrical equipment and appliances, pumps,
pipelines, loading platforms, appurtenances and fire-extinguishing
systems and appliances regulated by this chapter shall be constructed
and maintained in accordance with the requirements of the National
Fire Protection Association, and approved by the head of the fire
department.
(Prior revision § 7-62; C.O. 78-1061 § 5)
All petroleum-carrying pipes shall, wherever practical, be located
above ground. Whenever in contact with the ground or submerged in
water, the pipe shall be treated by an approved coating and wrapping.
(Prior revision § 7-63)
The motor of a tank truck shall not be left running during the
period that the truck is being loaded or unloaded. In the event of
an overflow the motor shall not be started until the liquid has been
removed sufficiently to avoid danger of ignition.
(Prior revision § 7-64)
No tank truck or watercraft shall be loaded or unloaded while
on oil-burning or coal-burning locomotive is located within one hundred
fifty feet of the place of loading or unloading, and no tank car shall
be loaded or unloaded while such type of locomotive is located within
fifty feet of the place of loading or unloading.
(Prior revision § 7-65)
No petroleum-carrying vessel, and no tank truck, car or other
vehicle shall be loaded or unloaded until first grounded securely
by approved grounding equipment.
(Prior revision § 7-66)
All electric grounding equipment shall be examined at least
once a month and any defect detected shall be repaired at once.
(Prior revision § 7-67)
All pits and drip pans shall be kept free from flammable accumulations.
No flammable liquid shall be placed into or kept in any receptacle
unless the receptacle is of an approved type.
(Prior revision § 7-68)
Repairs shall not be made to any tank truck or tank car during
the operation of loading or unloading.
(Prior revision § 7-69)
A tank truck shall not receive a divided load of class A and
class B liquid unless the tank is provided with double bulkheads forming
an air space between compartments. Such air space shall be properly
vented and provided with complete drainage facilities.
(Prior revision § 7-70)
A system of communication to be both visual and audible and
of an approved type shall be installed, maintained and kept in service
between the tank storage area, dock and warehouse office.
(Prior revision § 7-71)
All petroleum lines extending to the dock shall, within one
hundred feet of the shoreline, be equipped with approved valves.
(Prior revision § 7-72)
The provisions of this chapter shall be posted upon each premises
regulated by this chapter, under glass, in at least two locations,
and where it will be convenient for reading by the employees.
(Prior revision § 7-73)