Arcadia Municipal Code Div. 1 Flammable and Explosive Material

Footnotes:

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Editor's note— Ord. No. 2367, § 6, adopted 12-17-19, amended Div. 1 in its entirety to read as herein set out. The former Div. 1, §§ 3141—3142.4, pertained to similar subject matter and derived from Ord. 2313 adopted 12-3-13 and Ord. No. 2343, § 5, 12-6-16.

Storage of flammable liquids in outside aboveground tanks is prohibited within the boundaries of the City as the same now exist or as the same may at any time hereafter exist. Aboveground tanks may be permitted on a case by case basis with approval of the Chief.

(Ord. No. 2367, § 6, 12-17-19; Ord. No. 2395, § 6, 11-15-22; Ord. No. 2409, § 5, 11-18-25)

The limits in which new bulk storage of liquefied petroleum gas is restricted are established as the boundaries of the City.

(Ord. No. 2367, § 6, 12-17-19; Ord. No. 2395, § 6, 11-15-22; Ord. No. 2409, § 5, 11-18-25)

All real property which has been or may hereafter be classified as, changed to or placed in Zones R-M, R-O, R-1, R-2 or R-3 shall be limited to the storage of a maximum of the equivalent to ten (10) gallons of water capacity outdoors and five (5) gallons of water capacity in either free standing or attached accessory structures.

(Ord. No. 2367, § 6, 12-17-19; Ord. No. 2395, § 6, 11-15-22; Ord. No. 2409, § 5, 11-18-25)

1. Individual containers with a 500-gallon water capacity or less or multiple container systems having an aggregate quantity not exceeding 500 gallons, used exclusively for emergency power generation and serving occupancies in Group R-3.

2. The City Council may, upon written application, and after receipt of the report and recommendation of the Chief, after finding upon the evidence received that the public health, safety and welfare will not be jeopardized, alter the limits fixed by any of the preceding section.

(Ord. No. 2367, § 6, 12-17-19; Ord. No. 2395, § 6, 11-15-22; Ord. No. 2409, § 5, 11-18-25)

Clean up or abatement; liability for cost.

(Ord. No. 2367, § 6, 12-17-19; Ord. No. 2395, § 6, 11-15-22; Ord. No. 2409, § 5, 11-18-25)

The Fire Department is authorized to abate or cause to be cleaned up the effects of any hazardous material deposited upon or into any property or facilities in the City; and any such person or persons responsible for such property or who intentionally, negligently or otherwise caused such deposit shall be liable for the payment of all such cost incurred by the Fire Department as a result of such cleanup or abatement activity. The remedy provided by this part shall be in addition to any other remedies provided by law.

(Ord. No. 2367, § 6, 12-17-19; Ord. No. 2395, § 6, 11-15-22; Ord. No. 2409, § 5, 11-18-25)

For the purposes of this part, "Hazardous Materials" shall be defined as any substance or materials in a quantity or form which, in the determination of the Fire Chief or his authorized representative, poses an unreasonable and imminent risk to the life, health or safety of persons or property or to the ecological balance of the environment, and shall include, but not be limited to, such substances as explosives, radioactive materials, unstable or toxic materials, petroleum or petroleum products or gases, poisons, etiologic (biologic) agents, pesticides, flammables and corrosives.

(Ord. No. 2367, § 6, 12-17-19; Ord. No. 2395, § 6, 11-15-22; Ord. No. 2409, § 5, 11-18-25)

For purposes of this part, cost incurred by the Fire Department shall include, but shall not necessarily be limited to the following: actual labor costs of City personnel, including workers compensation benefits, fringe benefits, administrative overhead, cost of equipment operations, cost of materials obtained directly by the City and cost of any contract labor, equipment and materials as necessary to clean up and abate the hazard.

(Ord. No. 2367, § 6, 12-17-19; Ord. No. 2395, § 6, 11-15-22; Ord. No. 2409, § 5, 11-18-25)

The authority to recover costs under this part shall not include actual fire suppression services which are normally or usually provided by the Fire Department.

(Ord. No. 2367, § 6, 12-17-19; Ord. No. 2395, § 6, 11-15-22; Ord. No. 2409, § 5, 11-18-25)