This Article shall apply to liquids with a flash point below two hundred degrees Fahrenheit (200º F.) and to liquids with flash points above two hundred degrees Fahrenheit (200º F.), which when heated assume the characteristics of liquids with flash points below two hundred degrees Fahrenheit (200º F.) except as provided in § 35-2B.
As used in this chapter, the following terms shall have the meanings indicated:
CLOSED CONTAINER
A container so sealed by means of a lid or other device that neither liquid nor vapor will escape from it at ordinary temperatures.
FLAMMABLE LIQUID
Any liquid having a flash point below two hundred degrees Fahrenheit (200º F.) and having a vapor pressure not exceeding forty (40) pounds per square inch (absolute) at one hundred degrees Fahrenheit (100º F.). Flammable liquids shall be divided into three (3) classes as follows:
A. 
Class I shall include those having flash points at or below twenty degrees Fahrenheit (20º F.).
B. 
Class II shall include those having flash points above twenty degrees Fahrenheit (20º F.) but at or below seventy degrees Fahrenheit (70º F.).
C. 
Class III shall include those having flash points above seventy degrees Fahrenheit (70º F.).
FLASH POINTS
The minimum temperature in degrees Fahrenheit at which a flammable liquid will give off flammable vapor as determined by appropriate test procedure and apparatus as specified below. The "flash point" of flammable liquids having a flash point below one hundred seventy-five degrees Fahrenheit (175º F.) shall be determined in accordance with the Tag closed-cup method of the American Society of Testing and Materials ASTM D56-56. The flash point of flammable liquids having a flash point of one hundred seventy-five degrees Fahrenheit (175º F.) or higher shall be determined in accordance with the Pensky-Martens closed-up method of the American Society of Testing and Materials ASTM D93-58T.
A permit shall be obtained for any of the following:
A. 
Storage, handling, or use of Class I or Class II flammable liquids in excess of one (1) gallon in a dwelling or other place of human habitation or in excess of six (6) gallons in any other building or other occupancy or in excess of ten (10) gallons outside of any building, except that no permit shall be required for the following:
(1) 
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.
(2) 
For the storage or use of paints, oils, varnish or similar flammable mixtures when such liquids are stored for maintenance, painting or similar purposes for a period of not more than thirty (30) days.
B. 
Storage, handling or use of Class III flammable liquids, in excess of twenty-five (25) gallons in a building or in excess of sixty (60) gallons outside of a building, except for fuel oil used in connection with oil-burning equipment.
C. 
For the manufacture, processing, blending or refining of flammable liquids.
D. 
For the storage of flammable liquids in stationary tanks.
A. 
The storage of Class I and II flammable liquids in aboveground tanks outside of buildings is prohibited within the limits established by law as the limits of the districts in which such storage is to be prohibited.
B. 
Distance of tank from adjoining property line.
(1) 
The minimum distance of any part of an aboveground tank for the storage of flammable liquids other than crude petroleum to the nearest line of adjoining property which may be built upon shall be not less than the distance indicated in Table 53.
TABLE 53
Capacity of Tank
(gallons)
Class of Flammable Liquid
Minimum Distance
(feet)
0 to 275
III
0
276 to 750
III
5
0 to 750
I and II
10
751 to 12,000
III
10
751 to 12,000
I and II
15
12,001 to 24,000
I, II and III
15
24,001 to 30,000
I, II and III
20
30,001 to 50,000
I, II and III
25
(2) 
All gastight tanks, including conservation-type tanks, with capacities in excess of fifty thousand (50,000) gallons shall be located in accordance with the following provisions:
(a) 
Tank protection. The distance from the line of adjoining property which may be built upon shall be not less than:
[1] 
With an approved attached extinguishing system or an approved floating roof: the greatest dimension of diameter or height of the tank, except that such distance need not exceed one hundred twenty (120) feet.
[2] 
Not equipped with either of the above: one and one-half (1 1/2) times the greatest dimension, diameter or height of the tank, except that such distance need not exceed one hundred seventy-five (175) feet.
C. 
The location of a tank for the storage of any flammable liquid with respect to any such other tank shall be such that the distance between them shall be not less than three (3) feet. For tanks above fifty thousand (50,000) gallons' individual capacity storing any flammable liquid, the distance shall be not less than one-half (1/2) the diameter of the smaller tank.
D. 
Individual tanks or groups of tanks, where deemed necessary by the Chief of the Fire Department on account of proximity to waterways, character of topography or nearness to structures of high value or to places of habitation or assembly, shall be diked or the yard shall be provided with a curb or other suitable means taken to prevent the spread of liquid onto other property or waterways. Where a diked enclosure is required under this section, the volumetric capacity of the diked area shall not be less than the capacity of the largest tank within the diked area.
E. 
In particular installations the provisions of Subsections B, C and D of this section may be altered at the discretion of the Chief of the Fire Department after consideration of special features such as topographical conditions, the nature of occupancy and proximity to buildings on adjoining property and the height and character of construction of such buildings, the capacity and construction of proposed tanks and the character of liquids to be stored, the degree of private fire protection to be provided and the adequacy of the facilities of the Fire Department to cope with flammable liquid fires.
A. 
This section shall apply to the storage of flammable liquids in drums or other portable closed containers not exceeding sixty (60) gallons' individual capacity inside buildings. This section shall not apply to the storage of closed containers in bulk plants, service stations and refineries, nor shall it apply to areas where containers are opened for dispensing, mixing or handling.
B. 
Inside storage rooms shall comply with the following general construction requirements: Walls, floors and ceilings shall be noncombustible construction having a fire resistance rating of not less than one (1) hour. Openings to other rooms or buildings shall be provided with noncombustible liquidtight sills or ramps at least six (6) inches in height and with approved fire doors arranged to close doors automatically in case of fire. A permissible alternate to either sills and ramps is open trenches covered with steel grating which drain to a safe location. Where other portions of the building or other properties are exposed, windows shall be protected in an approved manner. Wood of at least one (1) inch nominal thickness may be used for shelving, racks, dunnage, scuffboards, floor overlays and similar installations. Proper ventilation shall be provided, and natural ventilation is preferred over mechanical ventilation. Heating shall be restricted to low-pressure steam or hot water or to electric units approved for Class I hazardous location. Electric wiring and equipment located in inside storage rooms used for Class I or Class II flammable liquids shall be approved for Class I, Division 2, hazardous location and, for Class III flammable liquids, shall be approved for general use.
C. 
Storage cabinets may be used where it is desired to keep more than ten (10) gallons of flammable liquids inside buildings. No individual container shall exceed five (5) gallons' capacity, and not over fifty (50) gallons shall be stored in any one (1) cabinet.
D. 
The quantity of flammable liquids in an inside storage room shall not exceed the quantity specified in this subsection except as provided in Subsection E of this section.
(1) 
If not protected by an approved automatic fire extinguishing system: five hundred fifty (550) gallons total of Class I, II and III flammable liquids, of which not more than two hundred seventy-five (275) gallons may be of Class I and II flammable liquids, of which not more than sixty (60) gallons may be of Class I flammable liquids.
(2) 
If protected by an approved automatic fire extinguishing system: one thousand one hundred (1,100) gallons total of Class I, II and III flammable liquids, of which not more than five hundred fifty (550) gallons may be of Class I and II flammable liquids, of which not more than two hundred seventy-five (275) gallons may be of Class I flammable liquid.
E. 
The quantity of flammable liquid in an inside storage room may be increased to that permitted in this subsection, provided that the construction is as provided in Subsection B of this section but with walls, floors and ceiling of noncombustible construction having a fire-resistance rating of not less than two (2) hours.
(1) 
If not protected by an approved automatic fire extinguishing system: one thousand one hundred (1,100) gallons total of Class I, II and III flammable liquids, of which not more than five hundred fifty (550) gallons may be of Class I and II flammable liquids, of which not more than two hundred seventy-five (275) gallons may be of Class I flammable liquids.
(2) 
If protected by an approved automatic fire extinguishing system: eleven thousand (11,000) gallons total of Class I, II and III flammable liquids, of which not more than two thousand seven hundred fifty (2,750) gallons may be of Class I and II liquids, of which not more than five hundred fifty (550) gallons may be of Class I flammable liquids. These amounts may be increased to not more than one (1) day's supply where daily consumption exceeds the above limits.
F. 
Flammable liquids shall not be stored (including stock for sale) near exits, stairways or areas normally used for the safe egress of people.
G. 
The storage of flammable liquids in closed containers shall comply with the following occupancy schedule, except that the Chief of the Fire Department may impose a quantity limitation or require greater protection where, in his opinion, unusual hazard to life or property is involved, or he may authorize an increase of these amounts where the type of construction, fire protection provided or other factors substantially reduce the hazards.
H. 
Dwellings and apartment houses containing not more than three (3) dwelling units and accompanying attached or detached garages. Storage other than fuel oil for oil burner service shall be prohibited except that which is required for maintenance or equipment operation, which shall not exceed ten (10) gallons. Such flammable liquid shall be stored in metal closed containers or safety cans.
I. 
Assembly and business occupancies, apartment houses containing more than three (3) dwelling units and hotels. Storage other than fuel oil for oil burner service shall be prohibited except that which is required for maintenance and operation of the building and operation of equipment. Such storage shall be kept in closed metal containers stored in a storage cabinet or in safety cans or in an inside storage room not having a door that opens into that portion of the building used by the public.
J. 
Educational and institutional occupancies. Storage other than fuel oil for oil burner service shall be limited to that required for maintenance, demonstration, treatment and laboratory work. Flammable liquids in the laboratories and at other points of use shall be in containers not larger than one (1) quart or in safety cans or in storage cabinets.
K. 
Mercantile occupancies. In rooms or areas accessible to the public, storage shall be in closed containers and limited to quantities needed for display and normal merchandising purposes. Where the aggregate quantity of additional stock exceeds fifty (50) gallons, it shall be stored in rooms or portions of buildings that comply with the construction requirements of Subsection B of this section.
L. 
General purpose and public warehouses. Storage shall be in accordance with Table 54[1] in fire-resistive buildings or in portions of such buildings cut off by standard fire walls. Noncombustible material creating no hazard to the flammable liquids may be stored in the same area.
M. 
Flammable liquid warehouses or storage buildings. Storage shall be in accordance with Table 54.[2] Storage buildings shall be of noncombustible construction. If a storage building is located thirty (30) to fifty (50) feet from a building or line of adjoining property that may be built upon, the exposing wall shall be a noncombustible blank wall having a fire-resistance rating of at least two (2) hours. If a storage building is located ten (10) to thirty (30) feet from a building or line of adjoining property that may be built upon, the exposing wall shall be a blank wall having a fire-resistance rating of at least three (3) hours. If a storage building is less than ten (10) feet from the line of adjoining property that can be built upon, the exposing wall shall be a blank wall having a fire-resistance rating of at least four (4) hours. In particular installations the distance requirements between the storage building and other buildings may be altered at the discretion of the Chief of the Fire Department after consideration of the height, size and character of construction and occupancy of the exposed buildings. At the discretion of the Chief of the Fire Department, approved Class A fire doors may be installed in an approved manner on the otherwise blank walls.
A. 
This section shall apply to the storage of flammable liquids in drums or other portable closed containers not exceeding sixty (60) gallons' individual capacity outside of buildings in areas used solely for such storage. This section shall not apply to storage of flammable liquids in drums or portable closed containers in bulk plants, service stations and refineries.
B. 
Drums shall not be stored outside on building platforms or between buildings, or in locations adjacent thereto, in such a manner that they would contribute to the spread of fire.
C. 
Storage of over one hundred (100) drums of Class I and II flammable liquids shall be limited to groups of one hundred (100) drums, located at least sixty (60) feet from the nearest building or line of adjoining property that may be built upon, and each group shall be separated by at least forty (40) feet. Storage of over three hundred (300) drums of Class III flammable liquids shall be limited to groups of three hundred (300) drums located at least fifty (50) feet from the nearest building or line of adjoining property that may be built upon, and each group shall be separated by at least thirty (30) feet. These distances may be reduced fifty percent (50%) if sprinklers and drainage away from exposures are provided. In particular installations the distance requirements to buildings may be altered at the discretion of the Chief of the Fire Department after consideration of the height, size and character of construction and occupancy of the exposed buildings.
A. 
Location.
(1) 
Dispensing devices at automotive service stations shall be so located that all parts of the vehicle being served will be on the premises of the service station.
(2) 
Inside location. Approved dispensing units may be located inside garages upon specific approval of the Chief of the Fire Department. The dispensing area shall be separated from motor vehicle repair areas in a manner approved by the Chief of the Fire Department. The dispensing unit and its piping shall be protected against physical damage from vehicles either by mounting on a concrete island or by equivalent means and shall be located in a position where it cannot be struck by a vehicle descending a ramp or other slope out of control. The dispensing areas shall be provided with an approved mechanical or gravity ventilation system. A clearly identified switch, readily accessible in case of fire or physical damage to any dispensing unit, shall be provided to shut off the power to dispensing units. When dispensing units are located below grade, only approved mechanical ventilation shall be used, and the entire dispensing area shall be protected by an automatic sprinkler system. The ventilating systems shall be electrically interlocked with the gasoline dispensing units so that the dispensing units cannot be operated unless the ventilating fan motors are energized.
B. 
Dispensing units.
(1) 
Class I and Class II flammable liquids shall be transferred from underground tanks by means of fixed pumps so designed and equipped as to allow control of the flow and to prevent leakage or accidental discharge. Class I or Class II flammable liquids shall not be transferred from any storage tank by any equipment or procedure which subjects the shell of the storage tank to pressures above its allowable working pressure. Air or gas pressure shall not be used for this purpose.
(2) 
Supplemental means shall be provided outside of the dispensing device whereby the source of power may be readily disconnected in the event of fire or other accident.
(3) 
Dispensing devices for Class I or Class II flammable liquids shall be of an approved type.
(4) 
Class I or Class II flammable liquids shall not be a dispensed by pressure from drums, barrels and similar containers. Approved pumps taking suction through the top of the container or approved self-closing faucets shall be used.
C. 
Automatic dispensing units. The installation and use of coin-operated dispensing devices for Class I flammable liquids is prohibited.
D. 
Delivery nozzles.
(1) 
Manual nozzle. The dispensing of Class I flammable liquids into the fuel tank of a vehicle or into a container shall at all times be under the control of a competent person. The use of any device which permits the dispensing of Class I flammable liquids when the hand of the operator of the discharge nozzle is removed from the nozzle control lever is hereby forbidden except when using an automatic nozzle at an automotive service station as provided in Subsection D(2) of this section.
(2) 
Automatic nozzles with latch-open devices. In lieu of being held open by hand, an approved automatic nozzle may be used for dispensing Class I flammable liquid into the fuel tank of a vehicle. Such a nozzle shall have the latch-open device as an integral part of the assembly and shall shut off the liquid reliably and positively when the gasoline tank is filled, when it falls from the filling neck of an automobile tank, when it is subject to rough usage such as dropping or lack of proper lubrication or when an automobile is driven away while the nozzle is still in the tank. A competent attendant shall be in the immediate vicinity of the vehicle being filled by such an approved nozzle.
E. 
Dispensing containers. No delivery of any Class I or Class II flammable liquids shall be made into portable containers of five (5) gallons' capacity or less unless the container is of sound metal construction, has a tight closure with screwed or spring cover and is fitted with a spout or so designed that the contents can be poured without spilling.