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DATE:
05/20/02 |
SUBJECT: FINAL READING OF ORDINANCE NO.
2002-O-090
An ordinance amending and revising the
2000 International Fire Code by adding
Sections 105, and amending Sections 3402, and 3406 adding Appendix H
to provide for Regulation of Mobile Fueling via Amendment of Section 3406 of
Chapter 34, “Flammable and Combustible Liquids”, of the code of the City of
Laredo (2001), as amended: Providing for the issuance of permits; providing
that this ordinance shall be cumulative;
providing for severability; providing a saving clause; providing for
publication in the official newspaper and providing an effective date.
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INITIATED BY: Larry Dovalina, City Manager |
STAFF SOURCE: Luis F. Sosa,
Jr., Fire Chief |
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PREVIOUS COUNCIL ACTION: Public Hearing and Introduction of
Ordinance held May 8, 2002. |
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BACKGROUND: The 2000 International Fire Code
Sections 105, 3402, and 3406 located in Chapters 1 and 34 of the Code of the
City of Laredo, Texas (2001) be amended as stated.
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FINANCIAL: The revenue projections for the current Fiscal Year is
$8,500.00. Amount will be deposited into account number 101-0000-312-2098. |
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RECOMMENDATION: Ad-Hoc Committee recommends the adoption
of this Ordinance. |
STAFF: Final
Reading and approval of Ordinance No.
2002-0-090.
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ORDINANCE NO. 2002-0-090
AN ORDINANCE AMENDING AND REVISING THE 2000 INTERNATIONAL FIRE CODE BY
ADDING SECTIONS 105 AND AMENDING SECTIONS 3402 AND 3406 AND ADDING APPENDIX H
TO PROVIDE FOR REGULATION OF MOBILE FUELING VIA AMENDMENT OF SECTION 3406 OF
CHAPTER 34, “FLAMMABLE AND COMBUSTIBLE LIQUIDS,” OF THE CODE OF THE CITY OF
LAREDO (2001), AS AMENDED: PROVIDING FOR THE ISSUANCE OF PERMITS; PROVIDING
THAT THIS ORDINANCES SHALL BE CUMULATIVE; PROVIDING FOR SEVERABILITY; PROVIDING
A SAVING CLAUSE; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWPAPER AND
PROVIDING AN EFFECTIVE DATE.
BE IT HEREBY ORDAINED BY THE CITY COUNCIL OF THE CITY OF LAREDO, TEXAS:
The 2000 International Fire Code, located in Chapters 1 and 34 of the Code of the City of Laredo, Texas (2001), as amended, is further amended by adding Sections 105.6.47 and amending 3402, 3406 and Appendix H as follows:
PERMITS
Add Section 105.6.47 to read as follows:
105.6.47 Mobile fueling. A
separate permit is required for each mobile refueling apparatus utilized for
the purpose of transferring fuel in accordance with this section. A separate permit is required for each site
where mobile refueling operations take place in accordance with this
section. Notwithstanding the requirements
set out in Section 105, the fees for mobile refueling permits are as set forth
in Appendix H.
FUEL STORAGE. All above ground fuel
storage tanks must conform with National Fire Protection Association (NFPA),
National Electrical Codes (NEC), Environmental Protection Agency (EPA), and
International Commerce Commission (ICC) Requirements. The fuel spillage containment area (Diked off area) must hold a
capacity of not less than 1 ½ times the total capacity of the largest storage
tank on the permitted property.
DEFINITIONS
Add Definitions to read as follows:
FUEL LIMIT SWITCH. A
mechanism, located on a tank vehicle, which limits the quantity of product
dispensed at one time.
MOBILE FUELING. The
operation of dispensing liquid fuels from tank vehicles into the fuel tanks of
motor vehicles. Mobile fueling may also
be known by the terms “Mobile Fleet Fueling,” “Wet Fueling,” or “Wet Hosing.”
TRANSPORT FUELING VEHICLE. A
detachable tank wagon not to exceed 8,000 gallons. These fuel transport trailers are not permissible for mobile
fueling. Vehicles shall comply with the
requirements of NFPA 385 and Local, State, and Federal requirements.
TANK FUELING
VEHICLE (BOB-TAIL). A
self-contained non-detachable fuel-dispensing vehicle not exceeding a 5,000
gallon capacity. Vehicles shall comply
with the requirements of NFPA 385 and Local, State, and Federal
requirements.
REMOTE EMERGENCY SHUT – OFF DEVICE. The
combination of an operator carried signaling device and a mechanism on the tank
vehicle. Activation of the remote
emergency shut – off device sends a signal to the tanker-mounted mechanism and
causes fuel flow to cease.
REPORTABLE SPILL QUANTITY. Spills of 25 Gallons or more.
UNAUTHORIZED DISCHARGE. Spills
of less than 25 gallons.
SPECIAL OPERATIONS
Amend Section 3406.5.4 to read as follows:
3406.5.4. Dispensing
from tank vehicles and tank cars.
Dispensing from tank vehicles and tank cars into the fuel tanks of
motors vehicles shall be prohibited unless allowed by and conducted in
accordance with sections 3406.5.4.1 through 3406.5.4.4 and Appendix H. No gasoline fuel dispensing is permitted
whatsoever.
Add Sections 3406.5.4.5 through 3406.5.4.5.4 to read as follows:
3406.5.4.5. Commercial,
Industrial, Governmental or Manufacturing. Dispensing of Class II and III Motor Vehicle Fuel from tank
vehicles into fuel tanks of motor vehicles located at Commercial, Industrial,
Governmental or Manufacturing establishments is allowed where permitted, provided
such dispensing operations are conducted in accordance with Sections
3406.5.4.5.1 through 3406.5.4.5.4.
3406.5.4.5.1 Site requirements.
1.
Dispensing may occur at sites that have been permitted to
conduct mobile fueling.
2.
A detailed plan shall be submitted with each application
for a permit and the site plan must indicate:
a.
All Buildings, Structures, and Appurtenances on site and
their uses or functions;
b.
All uses adjacent to the property lines of the site;
c.
The locations of all storm drain openings, adjacent
waterways or wetlands;
d.
Information regarding slope, natural drainage, curbing,
impounding and how a spill will be retained upon the site property; and,
e.
The scale of the site plan.
3. The
Fire Chief is authorized to impose limits upon: The times and/or days during
which mobile fueling operations are allowed to take place, and specific
locations on a site where fueling is permitted.
4.
Mobile Fueling Operations shall be conducted in areas not
generally accessible to the public.
5.
Mobile Fueling shall not take place within 25 feet of
Buildings, Property Lines, or Combustible Storage.
3406.5.4.5.2. Refueling Operator Requirements
1. The owner of a mobile
fueling operation shall provide to the jurisdiction a written response plan
which demonstrates readiness to respond to a fuel spill, carry out appropriate
mitigation measures, and to indicate its process to properly dispose of
contaminated materials when circumstances require.
2. The
tank vehicle shall comply with the requirements of NFPA 385 and Local, State
and Federal requirements. The tank
vehicles specific function shall include that of supplying fuel to motor
vehicle fuel tanks. The tank
vehicle and its equipment shall be maintained in good repair.
3. Signs
prohibiting smoking or open flames within 25 feet of the tank vehicle or the
point of fueling shall be prominently posted on 3 sides of the vehicle
including the back and both sides.
4. A
fire extinguisher with a minimum rating of 40:BC shall be provided on the
vehicle signage clearly indicating its location.
5. The
dispensing nozzles and hoses shall be of an approved and UL Listed type.
6. The
dispensing hose shall not be extended from the reel more than 50 feet in
length.
7. A
fifty (50) pound absorbent bag, absorbent materials, non-water absorbent pads,
a 10 foot long containment boom, an approved container with lid, and a
non-metal shovel (intrinsically safe) shall be provided to mitigate a minimum 5
gallon fuel spill.
8. Tanker
vehicles shall be equipped with a fuel limit switch such as a count-back
switch, limiting the amount of a single fueling operation to a maximum of 500
gallons between resetting of the limit switch.
Exception: Tankers
utilizing remote emergency shut – off device capability where the operator
constantly carries the shut –off device which, when activated, immediately
causes flow of fuel from the tanker to cease.
9.
Persons responsible for dispensing operations shall be
trained in HMF 126 (Haz-Mat Certification) and Occupation Safety and Health
Administration (OSHA) Requirements to appropriately mitigate actions in the
event of a fire, leak, or spill. This
training will be available at the Laredo Fire Department International Training
Facility. All training records shall be
maintained by the dispensing company and shall be made available to the Fire
Chief upon request.
10. Operators
of tank vehicles used for mobile fueling operations shall have on their
possession at all times an emergency communications device to notify the proper
authorities in the event of an emergency.
3406.5.4.5.3 Operational Requirements.
1. The tank vehicle
dispensing equipment shall be constantly attended and operated only by
designated personnel who are trained to handle and dispense motor fuels.
2.
Prior to beginning dispensing operations, precautions shall
be taken to assure ignition sources are not present. Examples: No Smoking,
welding, or electrical producing equipment is allowed to be used while in the
fueling area. The fueling process must
include grounding.
3.
The engines of vehicles being fueled shall be shut off
during dispensing operations.
4. Nighttime fueling operations shall only take place in adequately lighted areas. All fueling vehicles must be equipped with spot lighting.
5.
The tank vehicle shall be positioned with respect to
vehicles being fueled so as to preclude traffic from driving over the delivery
hose and between the tank vehicles and the motor vehicle being fueled.
6.
During fueling operations, tank vehicles brakes shall be
set, chock block shall be in place and warning lights shall be in operation.
7.
Motor vehicle fuel tanks shall not be topped off.
8.
The dispensing hose shall be properly placed on an approved
reel or in an approved compartment prior to moving the tank vehicle.
9.
The Fire Chief and other appropriate authorities shall be
notified immediately when a reportable spill or unauthorized discharge occurs.
3406.5.4.5.4 Fees. Not
withstanding the requirements set forth in section 105, the fees for mobile
refueling permits are as set forth in Appendix H.
SECTION 2.
Add a NEW Appendix H to read as follows:
H 101.1 Mobile fueling permit
fees. Mobile
fueling permit fees will be assessed as set forth in Table H 101.1. Permits shall renew annually. Permit fees shall be reviewed on the
one-year anniversary date of passage of this ordinance and at such times
thereafter as the City Council shall determine.
Table H 101.1
Mobile Fueling Permit Fees
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For Each Site |
Initial Fee
(Refueler) |
Initial Permit
Fee
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$ 250 |
1-3 vehicles: $200 flat fee 4-6 vehicles: $400 flat fee 7-10 vehicles: $600
flat fee 11 or more: $800 flat fee |
Permit Renewal fee |
$250 |
Same as initial fee |
H 101.2
Fund. All
funds generated as a result of this ordinance will be deposited into the Fire Inspection Fees and
Permitting Fund and shall be used for the purpose of administering and
enforcing the provisions of the International Fire Code.
SECTION 3.
It is hereby declared to be the intention of the City Council that the sections, paragraphs, sentences, clause, and phrases of this ordinance are severable, and, if any phrase, clause, sentence, paragraph, or section of this ordinance shall be declared unconstitutional by the valid judgment or degree of any court of competent jurisdiction such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs, and sections of this ordinances, since the same would have been enacted by the City Council without the incorporation in this Ordinance of any such unconstitutional phrase, clause, sentence, paragraph, or section.
All rights and remedies of the City of Laredo, Texas, are expressly saved as to any and all violations of the provisions of Chapter 34 of the Code of the City of Laredo, Texas, as amended, or any other ordinance affecting construction and fire safety, which have accured at the time of this Ordinance; and, as to such accured violations and all pending litigation, both Civil and Criminal, whether pending in court or not, under such Ordinances, same shall not be affected by this Ordinance but may be prosecuted until final disposition by the courts.
The City Secretary of the City of Laredo, Texas, is hereby directed to publish the caption, penalty clause and effective date of this Ordinance for two (2) days in the official newspaper of the City of Laredo, Texas, as authorized by section 52.013, Texas Local Government Code.
This Ordinance shall be effective sixty (60) days after its passage and publication.
PASSED BY THE CITY COUNCIL AND APPROVED BY THE MAYOR ON THIS
THE __________ DAY OF _____________,
2002.
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Elizabeth G. Flores
Mayor
ATTEST:
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APPROVED AS TO FORM:
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Jaime L. Flores
City Attorney