HomeMy WebLinkAboutOrdinance 4478 ORDINANCE NO. f OFFICIAL RECORO
AN ORDINANCE AMENDING SECTIONS 163 AAN`D' 164 OF CHAPTER 14 CITY SECRETARY
OF THE CODE OF THE CITY OF FORT WORTH, 1950, BEING A PRO- FT. WORTH. TEX.
VISION GOVERNING FIRE PREVENTION IN THE CITY OF FORT WORTH,
BY CHANGING CERTAIN PROVISIONS REFERRING TO DRAWING OR
DISPENSING GASOLINE OR CLASS I, II OR III LIQUID, AND
CHANGING CERTAIN PROVISIONS REFERRING TO STORAGE TANKS OUT-
SIDE OF BUILDINGS; PROVIDING A SAVINGS CLAUSE; MAKING THIS
ORDINANCE CUMULATIVE OF ALL OTHER ORDINANCES WITH RESPECT TO
FIRE PREVENTION IN SAID CITY; REPEALING ALL ORDINANCES IN
CONFLICT HERErIITH; PROVIDING A PENALTY; AND NAMING AN
EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS:
SECTION 1.
That Section 163, Chapter 14 of the Code of the City of Fort Worth,
1950, be amended by adding Subsection (d) and after being so amended, it
shall read as follows:
"Section 163.
"(d) No person dispensing any Class I, II or III
flammable liquids in any service station, garage or other
location shall dispense same into any containers other
than Underwriters Approved metal cans, provided that
Class I, II and III liquids may be put into metal cans
or receptacles if they be of the type provided with tight-
fitting screw caps for filling and opening and a pouring
spout that is vapor tight. The dispensing of such flammable
liquids into glass or earthen jugs, bottles or any containers
that may be broken when subjected to being dropped or struck,
or in open containers of any kind that will allow spilling of
the flammable liquid,is deemed hazardous and is strictly for-
bidden."
SECTION 2.
That Subsection (b) of Section 164, Chapter 14 of the Code of the City
of Fort Worth, 1950, be amended and after being so amended, it shall read
as follows:
"Section 164.
"(b) No tank or container for the storing or retaining
of flammable liquids as defined by this Chapter, or pump or
filling device to be used in connection with same shall be
installed, constructed nor any work commenced in connection
therewith until a permit is obtained from the Building
Official. Application for such a permit shall be made at
the office of the Building Official. An investigation of
the application shall be made by the Building Official or
his deputy, and the Fire Marshal, or his assistant, and
if the proposed installation is found to be in compliance
with the ordinances of the City of Fort Worth, the Building
Official shall cause a permit to be issued upon payment to
the office of said Official of a fee for each installation.
Said permit shall authorize the installation of the specified
unit or units at any time within sixty (60) days from the
date of the permit, subject to inspection prior to covering
from sight as provided for in Section l39 of this Chapter."
SECTION 3.
Should any part, section, subsection, paragraph, sentence, clause or
phrase contained in this ordinance be held to be unconstitutional, such
holding shall not affect the validity of the remaining portion thereof, but
in all respects said remaining portion shall be and remain in full force
and effect; and the City Council hereby declares that it would not have
passed the unconstitutional part had it known it was invalid and that it
would have passed the remaining part that is not invalid.
SECTION 4.
That this ordinance shall be cumulative of all provisions of the
Code of the City of Fort Worth, 1950, with respect to Fire Prevention,
except in those instances where the provisions of this ordinance are in
direct conflict with the provisions of such Code, in which instances said
conflicting provisions of such Code are hereby repealed.
SECTION 5.
Any person, firm or corporation violating any of the provisions of
this ordinance shall be fined in any sun not to exceed Two Hundred Dollars
($200.00), and each day's violation thereof shall constitute a separate
offense.
SECTION 6.
That this ordinance shall become effective and be in full force and
effect from and after its passage and publication as required by law.
APPROVED AS TO FORM AND LEGALITY:
City Attorney
lip
CST pa Cfl[Fb�IL .a�
T, acz '�To fHz c;iY or and Council No.CI
�iAS PiSy1dTE1� Communication MaY
WAS ICE Y MANAGER Of lClit CORI
LrlY f June ib 196i 4f1 W6�i4 ►R
Q'
itY Secretary FT. ORTH, TEA.
ices BReguletlon of Dispensing and
iaonorab i e Mayor altn d Liquids
the City COu nc i 1 Storage of F I ammab l e i_i q
Members of
City of Fort Worth
'Mrs. McKnight and Gentlemen: _
1960, reprotentotive$ of the Te that ordinanc sas Servics Station SbeiQ
pn August 12, Council and requested
tion appeared before the City asoline ab®ve e+round
adopted which would prohibit both the storage of g of installations.
and the dispensing of gasoline through self-service types regulating
for a number of years the City has bleo liquids eabove ground gisrprohibited
these activities. S,tatge of flammable
ions and perositted in bulk type establishments
in gasoline service stat
only after Inspection and the obtePhing of a permit.
The section of the City Code prohibiting self-service
lf i c Corporation icegasstations is
Suf"
ficient as written and the legal cases tried
almost always resulted in convfct'i-ons and the levying of fines. Ifibwever,
many of the convictions and resulting fines have been appealed to the
County Court where these cases are required to be tried again. Because of
the enormous volume of cases pending in County Court, the cases in issue
are not always brought to trial. It is hoped that the recent creation of
an additional County Court will reduce the pressure on the Court's docket
to the point where such cases can be brought to trail . in any event, the
present section of the City Code prohibiting self-service operations is
adegdnte and the difficulty of enforcement lies in the scheduling of such
cases for tHal in County Court--aftwr the defendants appeal from a con-
viction in Corporation Court.
In studying the City ordinances pertaining to the dispensing and storage
of flammable liquids, two desirable changes have been revealed which are
provided for in the attached proposed ordinance. Section I of the ordinance
permits the disp4m sing of flammable liquids into safe, substantial con-
tainers only. It prdhibi+s the dangerous practice of dispensing such
liquids into glass bottles or open-top cans. There have been a number of
instances where individuals have been burned as a,result of the spilling
of flammable liquids from glass or otherwise u*&6 tab l e containers.
Section 11 of the ordinance designates the Building Official and Fire
Marshal, or their assistants, as the personnel responsible for the Inspec-
tion and issuance of permits for the construction of storage tanks for
flammable liquids. The section of the City Code which this ordinance
amends currently provides that the construction of such tanks with a capa-
city greater than two-thousand gallons requires the issuance of a special
I
M&C Gi- 81
June 16, 1961
Page 2
permit authorized by a resolution of the City Council . The ordinance F
nates the appropriate City employees to perform this function and the
relieves the City Council and City Manager of the cumbersome, routine►,
required at present.
It is recommended that the attached ordinance be adopted.
i
Respectfully submitted,
i
Cs L. C i ngham
City Manager
I
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