Lassen County Municipal Code Ch. 12.50 Regulations for Aboveground Storage of Flammable and Combustible Liquids

This chapter shall be known and may be cited as the "Lassen County Fire Code for Aboveground Storage of Flammable and Combustible Liquids." The provisions of this chapter shall apply to all of the unincorporated areas of the County.

(Ord. 485 § 1, 1987)

Unless the context otherwise requires, the following words shall have the following meanings:

"Agricultural operations"

means ranches, farms and logging operations.

"Building department"

means the county building department.

"Combustible liquids"

means a liquid having a flash point at or above one hundred degrees Fahrenheit.

"Combustible material"

means all refuse that will ignite through contact with flames, including, but not limited to magazines, books, trimmings from lawns, trees, gardens, pasteboard boxes, rags, paper, straw, sawdust, leaves, twigs, branches, grass, brush, packing material, shavings and boxes.

"County fire warden"

means the fire warden of the county, or his authorized representative.

"Fire chief"

means the chief officer of the responsible fire agency having jurisdiction for the enforcement of this code, or his authorized representative.

"Flammable liquid"

means any liquid having a flash point below one hundred degrees Fahrenheit, and having a vapor pressure not exceeding forty pounds per square inch (absolute) at one hundred degrees Fahrenheit.

"Liquid fuels"

means both flammable and combustible liquids.

"Portable tank"

means any closed vessel having a liquid capacity over sixty U.S. gallons and not intended for fixed installation.

"Responsible fire agency"

means a fire protection district or a community services district having responsibility for providing fire protection within a legally established district boundary.

"Stream"

means a natural watercourse as designated by a solid line or dash and three dots symbol shown on the largest scale United States Geological Survey map most recently published.

"Structure"

means anything built or constructed, an edifice or building of any kind, or any piece of work artificially built up or composed of parts joined together in some definite manner.

"Tank"

means an aboveground storage tank used for the purpose of storing sixty or more gallons of flammable and combustible liquids.

"UFC"

means the Uniform Fire Code, the most current edition.

(Ord. 485 § 1, 1987)

A permit to install aboveground storage tanks for flammable and combustible liquids must be obtained from the county building department. The building department will notify the responsible fire agency of all permit applications at least ten days before a permit is granted.

(Ord. 485 § 1, 1987)

The county fire warden, fire chief of the responsible fire agency, and an official of the building department shall have responsibility for enforcement of this chapter.

(Ord. 485 § 1, 1987)

Should the provisions of this chapter conflict with the provisions of an ordinance adopted by a fire protection district or a community services district within the county, the provisions of the district's code shall take precedence over this chapter within the boundaries of the district so long as the provisions of the district's code are not less restrictive.

(Ord. 485 § 1, 1987)

Existing tanks need not comply with this chapter except when alterations, repairs or replacements are made amounting to more than twenty-five percent of the value of the tanks or when a tank is relocated to another site.

(Ord. 485 § 1(part) 1987)

The provisions of this chapter do not apply to the following:

(1) Liquid fuels used for domestic heating purposes;

(2) Liquid fuels used for other than heating purposes in tanks five hundred sixty gallons and less, so long as:

(a) A permit is obtained from the building department,

(b) Tanks are not located within fifty feet of a tank not exempted by this section,

(c) A diking system lined with impervious materials, or a closed draining system to an approved basin lined with impervious materials is constructed with the capability of holding a minimum of one hundred percent of total tank capacity, and

(d) Tanks are not used for retail sales of fuel,

(e) Such tanks are conspicuously labeled as per Section 12.50.090(b) of this chapter and signs are posted in storage areas prohibiting open flames and smoking within fifty feet from the tank;

(3) Agricultural and construction operations so long as:

(a) A permit is obtained from the building department,

(b) A diking system lined with impervious materials, or a closed draining system to an approved basin lined with impervious materials is constructed with a capability of holding a minimum of one hundred percent of total tank capacity,

(c) Tanks are conspicuously labeled as per Section 12.50.090(b) of this chapter,

(d) Signs are posted in storage areas prohibiting open flames and smoking within fifty feet from the tank, and

(e) Tanks are not used for retail sales of fuels.

(Ord. 485 § 1, 1987; Ord. 485-A § 1, 1990)

All permit applications submitted to the building department, with the exception of tanks identified in Section 12.50.070 of this chapter shall contain an installation plan certified by a registered professional engineer. The engineer will certify that provisions of this chapter are included in the plan.

(Ord. 485 § 1, 1987)

(a) The aboveground storage of flammable and combustible liquids will comply with the Uniform Fire Code, the most current edition, except when other requirements are stated in this chapter.

(b) Tanks shall be conspicuously labeled with the word "DANGER," the name of the product, i.e. "Gasoline," and the Department of Transportation placard number. The lettering shall be red on white background. The letters shall not be less than three inches in height and one-half-inch in stroke.

(c) All electrical installations shall be installed in accordance with the National Electrical Code, the most current edition.

(d) Tanks shall be equipped with permanently attached pumping devices. The only exception will be for tanks that supply a pumping device at a remote location and the supply line is equipped with an anti-siphon device such as a Tokheim T-52 valve or its equal. All pumping devices shall have been approved for use in the state by the Director of Food and Agriculture.

(e) Tanks shall be equipped with a locking device on all openings to prevent tampering.

(f) Tanks shall be designed, fabricated and tested in accordance with the following standards; provided, that in the event of conflict of this chapter with the provisions of Uniform Fire Code Section 79.105, as amended, the provisions of UFC Section 79.105 shall prevail.

(Ord. 485 § 1, 1987)

(a) Construction Specifications. Tanks shall be designed and built in accordance with recognized good engineering standards for the material and construction being used with the following limitations and exceptions:

(1) The materials of tank construction shall be compatible with the liquid to be stored. The chief may require that evidence be submitted to substantiate that the properties of the liquid are compatible with the tank;

(2) Tanks constructed of combustible materials shall be subject to the approval of the chief and limited to:

(A) Installation underground, or

(B) Use where required by the properties of the liquid stored, or

(C) Storage of Class III-B liquids aboveground in areas not exposed to a spill or leak of Class I or Class II liquid, or

(D) Storage of Class III-B liquids inside a building protected by an approved automatic fire-extinguishing system;

(3) Unlined concrete tanks may be used for storing liquids having a gravity of forty degrees API or heavier. Concrete tanks with special linings may be used for other services, provided the design is in accordance with sound engineering practice. See also Section 79.502 UFC;

(4) Tanks may have combustible or noncombustible linings;

(5) Special engineering consideration shall be used if the specific gravity of the liquid to be stored exceeds that of water or if the tank is designed to contain liquids at a liquid temperature below zero degrees Fahrenheit.

(b) Fabrication. Tanks may be of any shape or type consistent with sound engineering design.

(c) Atmospheric Tanks.

(1) Atmospheric tanks shall be built in accordance with recognized standards of design. See Section 2.303(b) UFC.

(2) Low pressure tanks and pressure vessels may be used as atmospheric tanks. Atmospheric tanks shall not be used for the storage of a liquid at a temperature at or above its boiling point.

(d) Low-pressure Tanks.

(1) The normal operating pressure of the tank shall not exceed the design pressure of the tank.

(2) Low pressure tanks shall be built in accordance with recognized standards of design. See Section 2.202(b) UFC.

(3) Tanks regulated in Subsection (c) of this section may be used for operating pressures not exceeding one psig and shall be limited to 2.5 psig under emergency venting conditions.

(4) Pressure vessels may be used as low-pressure tanks.

(e) Pressure Vessels.

(1) The normal operating pressure of the vessel shall not exceed the design pressure of the vessel.

(2) Except where otherwise approved by the chief, fired and unfired pressure vessels shall be designed and constructed in accordance with nationally recognized standards of design. See Section 2.303(b) UFC.

(Ord. 485 § l, 1987)

Tanks at grade shall rest on the ground or on foundations made of concrete, masonry, piling or steel. Tank foundations shall be designed to minimize the possibility of uneven settling of the tank and to minimize corrosion in any part of the tank resting on the foundations.

Tanks above grade shall be securely supported. Supports for tanks storing Class I, II or III-A liquids shall be of concrete, masonry or protected steel. Single wood timber supports (not cribbing) laid horizontally may be used for outside, aboveground tanks if not more than twelve inches high at their lowest point. See Section 79.505 of the Uniform Fire Code.

(Ord. 485 § 1, 1987; Ord. 485-A § 2, 1990)

Tanks shall have an impervious diking system capable of holding one hundred percent of total tank capacity.

(Ord. 485 § 1, 1987; Ord. 485-A § 3, 1990)

The basin within the diking system shall be impervious to prevent soil contamination.

(Ord. 485 § 1, 1987; Ord. 485-A § 4 1990)

The location of tanks with respect to property lines, public ways and buildings shall comply with Section 79.503 of the Uniform Fire Code.

(Ord. 485 § l, 1987; Ord. 485-A § 5, 1990)

The electrical supply to surrounding buildings or structures may not be located within twenty-five feet of tanks.

(Ord. 485 § 1, 1987; Ord. 485-A § 6, 1990)

Drainage shall conform to the standards of Section 79.405 UFC as follows: The storage area shall be graded in a manner to divert possible spills away from buildings or other exposure or shall be surrounded by a curb at least six inches high. When curbs are used, provisions shall be made for draining of accumulations of groundwater or rainwater or spills of liquids. Drains shall terminate at a safe location and shall be accessible to operation under fire conditions.

(Ord. 485 § l, 1987)

Tank storage area shall be protected against tampering or trespassers by fencing or other control measures. The area shall be kept free of weeds, debris and other combustible materials not necessary to the storage. A distance of not less than thirty feet shall be maintained between the tanks and combustible material.

(Ord. 485 § 1, 1987)

Signs shall be posted in storage areas prohibiting open flames and smoking within fifty feet from the tank.

(Ord. 485 § 1, 1987)

The storage of empty tanks and containers previously used for the storage of flammable or combustible liquids, unless free from explosive vapors, shall be stored as if filled. Tanks and containers when emptied shall have the covers or plugs immediately replaced in openings.

(Ord. 485 § 1, 1987)

All tanks shall have an electrical grounding system.

(Ord. 485 § 1, 1987)

Provision shall be made for draining or removing excess water from a drainage system or diked area. Such drains shall not discharge to adjoining property, natural watercourses, public sewers or public drainage channels unless the drain is so designed as to prevent the release of flammable or combustible liquids. A valve operable from outside the dike shall be provided in the dike system and shall normally be kept closed. Control of drainage shall be accessible under fire conditions.

(Ord. 485 § 1, 1987)

(a) Any person may appeal the requirements of this chapter. Any such appeal shall be in compliance with the following provisions:

(1) A written appeal must be filed with the clerk of the board of supervisors within fifteen days of the appellant's receipt of the permit application. The written appeal shall state the requirements being appealed and the basis for the appeal.

(2) The clerk of the board of supervisors shall immediately notify the county fire warden, the fire chief of the responsible fire agency and the building inspector upon receiving an appeal.

(3) The clerk of the board of supervisors shall set the appeal for hearing within forty-five days of receipt of the written appeal and its attachments. The clerk shall provide the appellant notice of the time and place of the hearing at least fifteen days prior to the hearing.

(4) Within fifteen days of the close of its hearing on the appeal, the board shall render its decision.

(b) The board of supervisors shall not render a decision of appeal at variance with the terms of this chapter unless at least one of the following two findings is made:

(1) That the purpose of the requirement being appealed will be substantially achieved by an alternative requirement;

(2) That as applied to the facts of the specific case, the requirement will not serve its intended purpose.

(c) The filing of an appeal from any of the requirements of this chapter shall not stay:

(1) Proceedings for criminal prosecution for violations of this chapter; or

(2) An order for correction of a matter which, in the judgment of the board, poses a serious and immediate threat to life and property.

(Ord. 485 § 1, 1987)

Any person violating any of the provisions of this chapter shall be guilty of a misdemeanor and upon conviction thereof shall be punished by a fine of not more than five hundred dollars or by imprisonment in the County Jail for a period not exceeding six months or by both such fine and imprisonment.

(Ord. 485 § 1, 1987)