Sutter County Municipal Code Ch. 610 Overhead Storage of Flammable Liquids

Footnotes:

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Editor's note— Ord. No. 1703, § 2, adopted January 24, 2023, amended Chapter 610 in its entirety to read as herein set out. Former Chapter 610, §§ 610-010—610-070, pertained to similar subject matter, and derived from Ord. No. 1670, § 2, April 7, 2020.

This Chapter shall be known as the "Overhead Storage of Flammable Liquids Regulation Ordinance."

(Ord. No. 1703, § 2, 1-24-2023)

The purpose of this Chapter is to regulate the servicing of overhead tanks used for the storage of flammable liquids to protect the public health and safety. California Fire Code (CFC), Chapter57, Section 5704.

(Ord. No. 1703, § 2, 1-24-2023)

As used in this Chapter, the words below are defined as follows:

A. "Person" shall mean any individual, partnership, association, corporation, or any other type of legal entity.

B. "Distributor" shall mean any person who engages in or carries on a business of selling, providing or delivering flammable liquids used in overhead storage tanks located within the unincorporated areas of Sutter County. "Distributor" shall include agents of a distributor for the limited purpose of representing the principal in the conduct of the principal's activity as a distributor.

C. "California Fire Code" shall mean the 2025 California Fire Code as adopted, with amendments thereto, pursuant to Chapter 600 of the Sutter County Ordinance Code.

D. "Flammable liquids" shall have the meaning as set forth in Chapter 2 Definitions of the 2025 California Fire Code.

E. "Overhead Storage Tanks" shall mean containers, tanks, equipment, apparatus and devices of all kinds, the intended use of which is the storage of flammable liquids which are located above ground inside or outside any building or other structure.

F. "Service" shall mean to fill any overhead storage tank with flammable liquid; to deliver, provide or transfer a flammable liquid to any overhead storage tank; or to sell, provide, deliver or transfer a flammable liquid to any person where the intended use of the flammable liquid is storage in an overhead storage tank.

(Ord. No. 1703, § 2, 1-24-2023; Ord. No. 1742, § 2, 2-10-2026)

It shall be unlawful for any distributor to service, or permit to be serviced, any overhead storage tank that is situated, located, fabricated, constructed, vented, supported or designed in any manner that is inconsistent with the provisions of Chapter 57, Section 5706 Special Operations of the California Fire Code, or any provision of the Sutter County Ordinance Code.

(Ord. No. 1703, § 2, 1-24-2023)

It shall be the duty of the Sutter County Fire Services Manager to enforce the provisions of this Chapter. In performing his duty, the Sutter County Fire Services Manager shall have the right of entry as set forth in subsection 600-060 of Chapter 600 of the Sutter County Ordinance Code.

(Ord. No. 1703, § 2, 1-24-2023)

Any person who violates any of the provisions of this Chapter shall be guilty of a misdemeanor or an infraction at the discretion of the District Attorney. Each act of service in violation of the provisions of the Chapter shall constitute a separate offense.

Upon conviction of a misdemeanor the person shall be punishable by a fine not exceeding five hundred dollars ($500.00) or by imprisonment in the County Jail for a period not exceeding six months, or both. Upon conviction of an infraction, the person shall be punishable by a fine not exceeding fifty dollars ($50.00) for the first violation; by a fine not exceeding one hundred dollars ($100.00) for a second violation within one year; and by a fine not exceeding two hundred fifty dollars ($250.00) for each additional violation within one year.

(Ord. No. 1703, § 2, 1-24-2023)