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HomeMy WebLinkAboutOrdinance 3853 Page 2 Ordinance No. 3853 C. OUTSIDE ABOVEGROUND FLAMMABLE AND COMBUSTIBLE LIQUID TANKS . 1 . All aboveground tanks used for the outside storage of flammable and Class 11 combustible liquids in quantities in excess of 200 gallons shall comply with the following: a. Such tanks shall be fire resistant tanks as defined in NFPA 30A and shall comply with all the requirements for fire resistant tanks in NFPA 30A in addition to any applicable requirements specified herein, or b . Such tanks shall be installed in vaults that meet all the applicable requirements of NFPA 30A . 2. The fire official may impose additional requirements to reduce the level of hazard for a proposed installation where, in his judgment, the circumstances warrant such action. 3. Aboveground tanks having an individual capacity of 200 gallons or less shall be allowed on the same premises as fire resistant tanks or tanks in vaults provided the total cumulative capacity of such aboveground tanks does not exceed 500 gallons and the total cumulative capacity of all aboveground tanks on the same premises does not exceed 40,000 gallons. D. FIRE RESISTANT TANKS 1 . All fire resistant tanks shall be tested and labeled as protected aboveground tanks in accordance with Uniform Fire Code Standard A-II-F- 1 or Southwest Research Institute Test Standard 93-01 by a nationally recognized testing laboratory having follow up inspection service. Such tanks shall also be tested for bullet resistance and vehicle impact resistance as specified in those standards. 2 . All fire resistant tanks shall be placed on a reinforced concrete pad adequate to support the loading of a full tank and in accordance with the manufacturer's recommendations. 3 . 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 Page 3 Ordinance No. 3853 equipped with a manual drain valve which drains into the primary tank. For tanks with a remote fill connection, a portable spill container shall be provided. 4. All fire resistant tanks shall have automatic leak detection devices installed and operational at all times. 5 . A chain link fence shall not be required to enclose fire resistant tanks as specified in NFPA 30A . E. TANKS IN VAULTS 1 . All aboveground tanks installed in vaults shall comply with all applicable requirements of NFPA 30A and this ordinance. F. TEMPORARY ABOVEGROUND TANKS 1 . Temporary aboveground tanks with a cumulative capacity of not more than 500 gallons of Class II combustible liquids for use at a construction site may be granted a temporary permit for not more than 90 days by the fire official if, in the opinion of the fire official, no unusual danger to life or property is presented. Aboveground tanks used at temporary construction sites shall be exempt from the requirement of this ordinance provided they comply with all applicable requirements of NFPA 30 and NFPA 30A . G. DISPENSING 1 . Dispensing from aboveground tanks and dispensing systems shall comply with NFPA 30 and NFPA 30A . 2. Dispensing devices shall be located no closer than ten ( 10) feet to a premise line or building. H . GENERAL FIRE SAFETY 1 . All electrical devices used with or located within twenty (20) feet of the aboveground tank storage area shall conform to NFPA 70 for hazardous locations. Page 4 Ordinance No. 3853 2. Smoking is prohibited within fifty (50) feet of all storage and dispensing devices. Signs which prohibit smoking shall be conspicuously posted. 3 . A fire hydrant meeting all requirements of the City of Fayetteville, and having an available flow of not less than fifteen hundred ( 1500) gallons per minute at a pressure of not less than 20 PSI shall be located not more than three hundred (300) feet road travel distance away from any permanent above-ground storage tank covered under this ordinance. 4. Portable fire extinguishers shall be provided for the extinguishment of fire in accordance with NFPA 10 for high hazard occupancies. Additional fire control equipment may be required where, in the opinion of the fire official , an unusual exposure hazard exists. 5 . Labeling of all tanks shall be in accordance with NFPA 704. 6. Fire department vehicle access shall be provided within 150 feet of any tank. I . LOCATION 1 . All aboveground tanks used for the outside storage of flammable and Class II combustible liquids shall be located in the rear yard of the facility which they are intended to serve unless an exemption from this requirement is both recommended by the fire chief and granted by the Planning Commission. J. REVIEW PROCESS 1 . All proposals for the installation of permanent above ground storage tanks for flammable and Class II combustible liquids shall go through the large scale development process of the City of Fayetteville. K. ADOPTION OF STANDARDS BY REFERENCE. 1 . National Fire Protection Association Standard (NFPA) No. 30, NFPA 30A, Uniform Fire Code Standard A-II- 1 , Southwest Research Institute Test Standard 93-01 , NFPA 70, and NFPA 10 and NFPA 704 are hereby adopted by the City Council, by reference thereto, save and except such that may be deleted, modified, or amended; and are hereby adopted and incorporated Page 5 Ordinance No. 3853 as fully as if set out in length herein, and the provisions thereof shall be controlling within the corporate limits of the City . 2 . Copies of the above standards incorporated by reference shall be available for examination and review in the office of the City Clerk. Section 2. Emergency Clause: The City Council hereby determines that the aforesaid provisions are necessary and unless put into effect immediately, the public health, safety, and welfare of the people of Fayetteville will be adversely affected. Therefore, an emergency is hereby declared to exist and this ordinance being necessary for the public health, safety and welfare shall be in full force and effect from and after its passage and approval. PASSED AND APPROVED this 20th_ _ day of December 1994. APPROVED : By : ke Fred Hanna, Mayor ATTEST: By: ( Aa,1''t dp Traci Paul, City Clerk ORDINANCE NO. 3853 capacity of su`cli ebovo' -more than three hundred AN ORDINANCE REPEAL ground tanks does not ex- (300) feet road travel dis- ING CHAPTER 94. FIRE teed 500 gallons and ilia lance away from any par- . , PREVENTION , SECTION total cumulative capacity of manent above-ground stor- 94.05, FLAMMABLE ANC all aboveground tanks on age tank covered under this COMBUSTIBLE LIQUIDS the same premises does 4. Portable fire exting- LIQUEFIED PETROLEUM not exceed 40.000 gallons. uishers shall be provided. GASES, SUBSECTION (A), D . FIRE RESISTANT for the extinguishment ofll STATE OF ARKANSAS OF THE CODE OF FAYET- TANKS ' f;re in accordance with TEVILLE. AND ADOPTING 1. All fire resistant tanks NFPA ' 10 for high hazard SS. PROVISIONS ALLOWING shall be tested and labeled THE ABOVEGROUND g occupancies. Additional fire. of of Washin ton STORAGE OF FLAMMABLE as groin ac above round y g t tanks in accordance with control equipment may be AND CLASS II COMBUSTI- Uniform Fire Code Standard .iequired where, in the opin- ��� � � BLE LIQUIDS. - on of the fire official, an A-11-F-1 ns Southwest Re- unusual exposure hazard I• -- t, hereby daily WHEREAS, new teg,oun - saarch Institute Test Stan- � gies related ro aboveground lard 93-01 by a nationally ,exists. tify that I am the publisher of TAE NORTHWEST ARKANSAS TIMES, a daily tank storage of flammable recognized testing Inbomt- newspaper havin a second class mailing privilege, and being not less than four pages of 'arid Class 11 combustible liq- ory having follow up anspoc_ 5. Labeling of all tanksg BP g g P g aids have made them much lion service . Such tanks' shall be in accordance with five lwlumns each, published at a fixed place of business and at a fixed (daily) intervals safer and compliant with shall also be tested for but. r NFPA 704. EPAregulations and related let resistance and vehicle continuously in the City of Fayetteville, County of Washington, Arkansas for more than . expenses applying to under in..,acl resistance as sped- 6. Fire department vehicle a period of twelve months, circulated and distributed from an established place of business ground storage. access shall be providec NOW. THEREFORE, BE IT lied in those standards. y,•dhip 150 feet of any tank to subscribers and readers generally of all classes in the City and County for adefmite price ORDAINED BY THE CITY 2. All fire resistant tanks COUNCIL OF THE CITY OF shall be placed on a rein- 1- LOCAATabova aboveground tanks for each copy, or a fixed price per annum, which price was fixed at what is considered the F A Y E T T E V 1 L L E forced concrete pad adequ- far the outside stor_ value of the publication, based upon the news value and service value it contains, that at ARKANSAS: ate to support the loading. least fifty percent of the subscribers thereto have aid cash for their subscriptions to the of a full tank and in actor- lase of flammable and Class y Qe p P Section 1. That Chapter dance with the manufac-' II combustible liquids shall newspaper or its agents or through recognized news dealers over a period of at least six 94. Fire Prevention, :Section turer's recommendations. be located in the rear yard 94.05, Flammable and Com- 3. A spill container having V the facility which they. months; and that the said newspaperpublishes an average of more than forty percent news bustible Liquids; Liquefied a capacity of not less them are intended to serve un- matter. Petroleum Gases, Subsec- 5 gallons shall be providetlless an exemption from this tion (A), of the Code of Fay- for each fill connection. For, requirement is both recom- etteville, shall hereby be re- tanks with a top fill connect mended by the Fire Chief I further certify that the legal notice hereto attached in the matter of Pealed and the fellowmg hon, spill containers shall[ and granted by the Planning shall be inserted in its be noncombustible and Commission. � e f 1('; c) �/Q 1 5.3stead: shall be fixed to the tank 1 _ A. ADOPTION OF NFPA r .,J REVIEW PROCESS 30 AND NFPA 30A fro the prinhary tank. For 1. The requirements our. tanks with a remote fill con- A. All proposals for the in- tained in his ordinance nection. a portable spill on. stallation of permanent was published in the regular daily issue of said newspaper for shall be applicable to all tainer shall be provided. :above ground storage tanks consecutive insertions as follows: aboveground tanks used for 4. All fire resistant tanks !or flammable and Class II the outside storage and dist shall have automatic leakcombustible liquids shall go �.n , C Parsing of flammable and detection devices installed 'through the large scale de- The fust insertion on the ' J1 day of 19 Class it combustible juxls and operational at all times. [ velopment process of the within the City. Such Instal- 5. A chain link fence shall !City of Fayetteville. rations shall comply with not be required to encloses the second insertion on the day of 19 the applicable requirements fire resistant tanks as speci. IK. ADOPTION OF STAN- of National Fire Association fietl in NFPA 30A. DARDS BY REFERENCE. .Protection Standard (NFPA) 1. National Fire Protection the thud insertion on the da Of 19 30 - 1993 antl NFPA E. TANKS IN VAULTS I 'Association Standard y 30A-1993, except as modi- " All aboveground tanks (NFPA) No. 30. NFPA 30A, fietl herein. Refineries that Installed in vaults shall com- (Uniform Fire Code Standard. and the fourth insertion on the da of 19 comply with NFPA 30 and ply with all applicable re-[ A- 11 - 1 QSouthwest Re- y the applicable sections of qulrements of NFPA 30AI 'seerch Institute Test Stan- RECEIVE D the Standard Fire Proven- and this Ordinance' i tion Code adopted by the GROUND TANKS ldartl 93-01 , NFPA 70, and ! NFPA 3- and NFPA 0, are —� City shall be exempt from I . . Temporary above. NFPA adopted by the Cary this ordinance. ground tanks with a cumu- JAN O 1G95 B. DEFINITIONS lative capacity of not moral )Council , by reference 1 . In addition to the defier- than 500 gallons of Class II ) thereto, save and ' except tions contained in NFPA 30 combustible liquids for use lstuch that may be deleted. �� Publisher / General Manager and NFPA 30A, the follow- at a construction site may ?modified. or amended: and FINANCE DEf 1p�. ing definition shall apply. be granted a temporary per- ,are herby adopted and in- PREMISES : A parcel of obit for not more than 90 ,corporated as fully as if set land, which may Include days by ilia fire official If. in out in length herein, and one or more contiguous the opinion of the lire offi-, Ae provisions thereof shall Platted lots, occupied or in- Ciel. no unusual danger to be controlling within the tended for occupancy for a fe „r property is pre-• Particular use or set of "er ,l, Aboveground tanks) corporate limits of Ilia City. sen at tem 2. Copies Of the above uses, including buildaccessory hall b Construe- together incorporated by together with accessory vn, saes hall be exempt C . OUTSIDE ABOVE - t .. the requirement of 'reference shell available. GROUND FLAMMABLE this Ordinance provided they. ,for examination and review AND COMBUSTIBLE LID- comply with all apps_cabial lin the office of the City UID TANKS G. DISPENSING Clerk. 1 . All aboveground rinks 1. Dapensing from above (Section 2. Emergency L used for the outside stor- gv� ' round tanks and dispens- Clause: The City Council Swom to and subscribed before me on this da Of age of flammable and Class ing systems shall comply hereby determines that the y A combustible liquids in with NFPA 30 and NFPA laforesaid provisions are quantities in excess of 20030A. (necessary and unless put /=t�� 'gallons shall comply with 2. Dispensing devices shall, [into effect immediately, the mu VI 1959 following: be located no closer than public health, safety, and a. Such tanks shall be fire tan ( 10) feel to a premise welfare of the people of resistant tanks as defined in line or building. Fayetteville will be ad NFPA end shall comply I with allll t tanker is H . GENERAL F I R E1 vemely affected. Therefore, for Lire resistant tanks in SAFETY cf ed to emergency is hereby de- Notary Public NFPA 30A in addition quine n to I . All electric devices dared to exist and this ordi- any applicable requirements used with or located uviihip ^ante being necessary for specified herein, or twenty 1201 feet of the the public health, safety My Commission Expires: b. Such tanks shall be above9r0end tank storage and welfare shall be in full installed in vaults that moatsrea shall conform to NFPA force and effect from and oq _/\ - /1 i all the applicable require- wlahi Iilry (501 feet of all ; af ter its passage antl l / n mems of NFPA 30A. stOM;o and dispensing tle- approval. may 2. The fire official vices. Signs which prohibit PASSED AND APPROVED impose additional require- mints to reduce the eve smoking shall be conspicu- ' Ibis 20th day of December,' ll of hazard for a proposed in- ..oust Y Posted. ;1 g9q. _ -_ — Q"1 I C stallation where, in his judg-I APPROVED: Fees for Printing $ 38 I 1" men, the circumstanced 3. A fire hydrant meeting By: Fred Hanna, Mayor warrant such action. all requirements of the City ATTEST: Cost of Proof S s of Fayetteville. antl having y, $ Z G� , ll 3. Aboveground tanks R Traci Paul 39 having g lons individual l capacity en available flow i not less' City Perk Total of 200 gallons or less shall than fifteen hun<tretl I1500h - be allowed on the same gallons per minute at a promises as fire resistant pressure of not less than! tanks of tanks in vaults pro- 20 P51 shall be_ located not. vided the total cumulative.- - I ORDINANCE NO. 3853 AN ORDINANCE REPEALING CHAPTER 94, FIRE PREVENTION, SECTION 94.05, FLAMMABLE AND COMBUSTIBLE LIQUIDS; LIQUEFIED PETROLEUM GASES, SUBSECTION (A), OF THE CODE OF FAYETTEVILLE, AND ADOPTING PROVISIONS ALLOWING THE ABOVEGROUND STORAGE OF FLAMMABLE AND CLASS II COMBUSTIBLE LIQUIDS. WHEREAS , new technologies related to aboveground tank storage of flammable and Class II combustible liquids have made them much safer and compliant with EPA regulations; and, WHEREAS, above ground tank storage of flammable and Class II combustible liquids is desirable from a user's standpoint because of today's EPA regulations and related expenses applying to underground storage. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS : Section 1 . That Chapter 94, Fire Prevention, Section 94.05 , Flammable and Combustible Liquids; Liquefied Petroleum Gases, Subsection (A), of the Code of Fayetteville, shall hereby be repealed and the following shall be inserted in its stead: A. ADOPTION OF NFPA 30 AND NFPA 30A 1 . The requirements contained in this ordinance shall be applicable to all aboveground tanks used for the outside storage and dispensing of flammable and Class II combustible liquids within the City. Such installations shall comply with the applicable requirements of National Fire Association Protection Standard (NFPA) 30- 1993 and NFPA 30A- 1993 , except as modified herein . Refineries that comply with NFPA 30 and the applicable sections of the Standard Fire Prevention Code adopted by the City shall be exempt from this ordinance. B. DEFINITIONS 1 . In addition to the definitions contained in NFPA 30 and NFPA 30A, the following definition shall apply : PREMISES : A parcel of land, which may include one or more contiguous platted lots, occupied or intended for occupancy for a particular use or set of uses, including buildings together with accessory buildings, the yard area, and parking spaces.