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HomeMy WebLinkAboutOrdinance 2234 ORDINANCE NO. AN ORDINANCE REGULATING AND RESTRICTING THE STORAGE, HANDLING, TRANSPORTATION, SALE, DISPENSING AND USING OF LIQUEFIED PETROLEUM GAS; DEFINING TERMS; PRESCRIB- ING STANDARDS FOR THE INSTALLATION OF EQUIPMENT AND MATERIALS AND FOR HANDLING LIQUEFIED PETROLEUM GAS; LIMITING THE AREAS IN WHICH IT MAY BE TRANSPORTED OR USED; PROHIBITING ITS USE FOR DOMESTIC, COMMERCIAL OR INDUSTRIAL PURPOSES ON PREMISES, ANY PART OF WHICH IS WITHIN ONE HUNDRED (100) FEET OF A NATURAL GAS DIS- TRIBUTING LINE; PROVIDING FOR THE ABATEMENT OF NUI- SANCES RESULTING FROM DEFECTIVE EQUIPMENT OR !MATERIALS OR FROM IMPROPER METHODS OF HANDLING LIQUEFIED PETROLEUM GAS; REQUIRING LICENSES, PERMITS, INSPECTIONS AND TESTS; REPEALING PROVISIONS IN CONFLICT; RESERVING A SAVINGS CLAUSE; PROVIDING PENALTIES FOR VIOLATIONS; AND DECLAR- ING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS: SECTION 1. The follQVing terms used in this ordinance are defined as follows: "Liquefied petroleum gas" shall mean and include any ma- terial which is composed predominantly of any of the follow- ing hydrocarbons or mixtures of them: propane, propylene, butanes (normal butane or iso-butane), and butylenes. By the term "person" shall mean and refer to any natural person or association of natural persons, trustees, receivers, partnership, corporation, organization, or the manager, agent, servant or employe of any of them. By the term "premises" shall mean the grounds, as well as all buildings and appurtenances pertaining thereto, and any adjacent.premises, if directly or indirectly under the control of the same person. By the term "vehicle" shall mean automobiles, trucks, trailers, and all appurtenances pertaining thereto. By the term "Railroad Commission" shall mean the Railroad Commission of the State of Texas or any regularly authorized deputy or agent thereof. By the term "Building Commissioner" shall mean and include any duly authorized deputy or assistant of the Director of j the Department of Public Works of the City of Fort Worth. SECTION 2. No person shall keep, store, retain, handle, haul, transport, dis- pense, distribute, use or consume within the corporate limits of the City r i of Fort Worth any liquefied petroleum gas except upon full compliance with the requirements of this ordinance and with the requirements of the State of Texas. SECTION 3. Whenever liquefied petroleum gas equipment is found to be defective or improperly installed, or is being handled or operated in such a manner as to become a menace to public safety or welfare, same may be deemed a . nuisance by the Building Commissioner or Fire Marshal by the serving of a written notice upon the owner thereof, or upon the person having control thereof on the premises, whereupon the matter covered in said notice shall be immediately remedied or abated. SECTION 4. No person shall install or repair any tank, container or equipment for the storing and/or consumption of liquefied petroleum gas, or install any piping for the distribution or use of liquefied petroleum gas on any premises within the City of Fort Worth, until said person shall have secured a permit as required by said City for Gas Fitters• SECTION 9. In order that the danger of escaping combustible gas may be mini• mined and to facilitate the quick detection of gas leaks, all liquefied pe- troleum, gas shall be effectively odorized so as to indicate positively by a distinctive odor the presence of gas down to concentrations in air of as much as one-half of one per cent by volute. SECTION b. All containers, equipment and appurtenances installed for the storage and dispensing of liquefied petroleum gas for the purpose of providing gas for industrial, commercial and domestic uses shall be designed, constructed, equipped and installed as specified under the published regulations of the National Board of Fire Underwriters for the design, installation and con- struction of containers, equipment and appurtenances for the storage and handling of liquefied petroleum gas, and these regulations are on file with the City Secretary of the City of Fort Worth and are available for inspec- tion and examination by the public at all reasonable times. SECTION 7. All vehicles used for the transportation or removal of liquefied petroleum gas over the streets, alleys or public thoroughfares of the City of Fort Worth shall be designed, constructed and operated in accordance with the published regulations for the design, construction and operation of automobile tank trucks and tank trailers for the transportation of lique- fied petroleum gas, adopted by the National Board of Fire Underwriters and the National Fire Protection Association, which regulations are on file in the Office of the City Secretary of the City of Fort Worth and may be ex- amined and inspected by the public at all reasonable times. SECTION 8. Persons having liquefied petroleum gas for sale or for distribution within the corporate limits of the City of Fort Worth shall not fill tanks or containers, including tanks and containers on vehicles, with a gas hav- ing a vapor pressure which, at 100 degrees Fahrenheit, is greater than the working pressure of the said tank or container being filled, nor shall any such gas be transferred when the pressure in the originating vessel exceeds the safety valve setting on the receiving container. SECTION 9. All tanks, containers and appurtenant equipment installed for use within the corporate limits of the City of Fort Worth for the purpose of providing liquefied petroleum gas for industrial, commercial and domestic uses shall be designed, constructed, equipped and installed in a manner r as required by the laws of the State of Texas and all special regulations of the Railroad Commission as now or hereafter promulgated in conformity with the laws of the State. SECTION 10. Containers larger than one thousand (1,000) water gallons capacity shall not be erected, installed or used unless a special permit authorized by resolution of the City Council has been issued by the Building Commis- sioner, with the approval of the Fire Marshal, after a careful investiga- tion of the proposed installation, considering possible hazards to life and contiguous property. SECTION 11, Tanks and containers shall not be placed in service or filled upon the premises of the ultimate user, or, when placed under ground, tanks shall not be covered over, until the work of installation has been in- spected and approved by the Building Commissioner. SECTION 12. Underground tanks shall be emptied and purged of all gas before be- ing dug up or uncovered. The gas from such tanks shall not be discharged to atmosphere unburned, but must be recovered by compression pumps or piped a safe distance from the tank and burned as a flare. Tanks shall be purged of all gas by filling at least one time with water before they are moved or worked on, and this work shall be done or supervised only by persons authorized by license or permit to handle liquefied petroleum gas in the City of Fort Worth. SECTION 13. No vehicle containing liquefied petroleum gas shall be parked or stored on'�the.(streets, alleys, public thoroughfares or at any other point except on premises owned or leased by the owner of said vehicle and ap- proved as permanent tank locations as provided for in Section 10 of this ordinance; provided, however, that the vehicle may be parked at the point where the commodity is to be delivered and such delivery is made without undue delay. SECTION 14. No liquefied petroleum gas shall be transferred from one vehicle to another on any streets, alleys, public thoroughfares or at any point other than the premises on which permanent storage tanks are located, except, in case of emergency such transfer may be made under the supervision of the Fire Marshal. SECTION 15. Adjustments, changes or alterations in the accessories, devices, regulators and safety devices of liquefied petroleum gas containers shall not be made except by persons licensed to do such work. SECTION 16. No liquefied petroleum gas shall be stored or retained inside of any structure within the City of Fort Borth, except in Interstate Commerce Com- mission containers in sixes of sixteen (16) pounds of gas or less,iwhich containers may be used inside of buildings by obtaining written permission from the Fire Marshal, and Interstate Commerce Commission containers in sizes of one hundred (100) pounds or less may be used for cutting metals when used inside buildings and under conditions approved by the Fire Marshal. SECTION 17. Piping, pipe fittings, appliances and other equipment designed or intended for the distribution and utilization of liquefied petroleum gas for industrial and similar uses other than for domestic and small commer— cial use, as provided elsewhere, shall not be installed, repaired, extend~ ed or altered until a detailed set of plans and specifications for such use and equipment has been filed in the, Office of the Building Commissioner and approval and permits obtained. SECTION 18. Piping, pipe fittings, appliances and other equipment designed or intended for the distribution and utilization of liquefied petroleum gas for domestic and small commercial use shall not be installed, repaired, ex- tended or altered except that it be made to comply with the following re- quirements: (a) All piping, appliances and equipment shall be in- stalled in full compliance with the ordinances of the City of Fort Worth regulating installations for natural gas ex- cept where otherwise specifically required by this ordi- nance and by the regulations of the Railroad Commission. A master cut-off valve painted red shall be readily acces- sible to firemen in case of fire. (b) Liquefied petroleum gas at pressures in excess of one pound per square inch shall not be permitted inside build- ings without specific approval of the Building Commissioner and Fire Marshal. (c) All piping shall be of metal, of a type, quality and strength suitable for use with liquefied petroleum gas. All pipes shall have welded joints or threaded joints fitted with approved joint compound, which is not soluble when used with liquefied petroleum gas, or approved tubing with compression or flared fittings may be used. All piping shall be provided to drain in its entirety to a point outside of the building or structure in which installed. A suitable and approved type of liquid trap shall be installed outside the building or structure in an approved manner, and no other pockets or low places shall exist in the gas system which might pro- vide a trap for liquid gas. If piping is to be placed under- ground, it shall be buried not less than two feet underground in a trench used for no other purpose. (d) When an existing natural gas piping system is to be used for liquefied petroleum gas, all piping of the existing system shall be removed, checked and installed in the manner prescribed for new liquefied petroleum gas installations. (e) All appliances used with liquefied petroleum gas shall be designed and adapted for use with the particular mixture of liquefied petroleum gas normally supplied to the piping sys- tem. Automatic appliances having a pilot light shall have an approved automatic safety cut-off. (f) Floor furnaces shall not be permitted on liquefied petroleum gas systems. (g) Liquefied petroleum gas piping, appliances and equip- ment shall not be permitted in basements or pits or in any other low place where such gas can collect to form a danger- ous inflammable mixture. (h) Houses having continuous foundations shall have suita- ble vents from under such house if liquefied petroleum gas pip- ing is installed under said house. (i) Rubber or leather, including rubber hose, shall not be used where in any manner exposed to the solvent action of liquefied petroleum gas. SECTION 19. Piping, pipe fittings, appliances and other equipment for the dis- tribution and utilisation of liquefied petroleum gas shall not be placed in service or used until after same have been tested, inspected and ap- proved by the Plumbing Inspector. SECTION 20. (a) All containers for hauling or transporting liquefied petroleum gas upon or over any premises or upon any street, alley or public thorough- fare within the City of Fort north shall be designed, constructed and operated in a manner as required by the laws of the State of Texas and all special regulations of the Railroad Commission as now or hereafter promul- gated in conformity with the laws of the State. (b) All vehicles, tanks or containers for transporting liquefied petroleum gas shall be kept in good condition at all times, and, if found in use when in a hazardous condition or in need of repair, said use and condition shall constitute prima facie evidence of a violation of this ordinance. (c) Railroad cars and trucks and trailers transporting liquefied petroleum gas in bulk shall not be loaded or unloaded within the corporate limits of the City of Fort Worth except on premises that have been approved by the Building Commissioner and Fire Marshal. SECTION 21. Vehicles for hauling or transporting liquefied petroleum gas shall not be driven in the following described areas unless a permit has been issued by the Fire Marshal and tanks and containers have been emptied and purged by filling with water: Area No. 1 The area bounded by the main line of the G. C. & S. F. R. R. on the east; by the north line of Vickery Blvd. on the south; by the vast line of Henderson Street on the west; and by the south line of Belknap Street on the north. Area No. 2 The area bounded by Ellis Avenue on the west; 20th Street and 20th Street produced east to the G. C. & S. F. R. R. on the south; the G. C. & S. F. R. R. on the east; and 28th Street or Highway No. 183 on the north. SECTION 22, Vehicles for hauling or transporting liquefied petroleum gas shall not be used or driven within the corporate limits of the City of Fort Worth unless a label of approval has been attached or affixed thereon by the Fire Marshal and there is displayed on the sides and rear of the container tanks the word "butane" in letters having a height of twelve (12) inches, except that vehicles operating under license or jurisdiction of the Interstate Commerce Commission may be driven through the City of Fort Worth without first securing a permit, but said vehicles. shall not distribute or discharge any gas within the City of Fort Worth unless a permit has been obtained from the Fire Marshal. SECTION 23. No person shall use liquefied petroleum gas for domestic, commercial or industrial purposes on premises, any part of which is within one hundred (100) feet of a natural gas distributing line, except as provided in Sec- tion 16. SECTION 24. It is specifically provided that vehicles using liquefied petroleum gas for fuel for motive power and self-propulsion, which gas has a vapor pressure less than one hundred and eighty (180) pounds per square inch at 100 degrees Fahrenheit temperature, are exempt from all other requirements of this ordinance provided they comply with the following requirements: (a) Tags or containers for liquefied petroleum gas shall not exceed 90 water gallon capacity for passenger ve- hicles and shall not exceed 150 water gallon capacity for all commercial vehicles, including trucks and buses, and such tanks shall be provided with complete free air ventilation downward to avoid accumulation of gas. (b) Tanks or containers for liquefied petroleum gas shall be designed and equipped for 200 pounds per square inch working pressure, and shall comply fully with the regu- lations of the Railroad Commission, including the regu- lations relative to excess flow valves, (c) Tanks, containers, regulators, carburetors and all other equipment to make a complete system for using liquefied petroleum gas as a fuel shall be subject to such further regulation as the Fire Marshal may find necessary in the interest of public safety. SECTION 25, This ordinance is hereby declared to be remedial and shall be con- strued to secure the beneficial interests and purposes thereof, which are public health, safety and welfare, through provisions for safety to life and property from fire and other hazards incident to the handling, retain- ing and use of liquefied petroleum gas within or on buildings and promisee within the corporate limits of the City of Fort North. SECTION 26, This ordinance shall be construed to be supplemental to the laws of the State of Texas and of the regulations of the Railroad Commission of the State of Texas applying to liquefied petroleum gas as now or hereafter existent or promulgated in conformity with the laws of the State. SECTION 27. This ordinance shall be deemed to be cumulative of all other ordi- nances of the City of Fort Worth with respect to the building, construc- tion, repair or installation of any character of buildings, structures or equipment, but insofar as the provisions of this ordinance are in direct conflict with the provisions of those ordinances, they are hereby expressly repealed. SECTION 28, If any section, part of a section or provision of any section of this ordinance shall be held to be void, ineffective or unconstitutional by a court of competent jurisdiction, the holding of such section, part of a section or provision of any section to be void, ineffective or uncon- stitutional for any cause whatsoever shall in no way affect the validity of the remaining sections and provisions of this ordinance, which shall re- main in full force and effect. The Council would not have passed any sec- tions, parts of sections or provisions of any sections that were unconsti- tutional, void or ineffective if they had known that they were unconstitu- tional, void or ineffective at .the time of adopting this ordinance. SECTION 29. Any person found guilty of violating any of the provisions of this ordinance shall be fined in any sum not to exceed Two Hundred Dollars ($200.00), and each violation or each day that there is a failure to comply with the terms of this ordinance shall constitute a separate offense. SECTION 30. Whereas, on account of the need for the protection of the public and property and the lives of the citizens of the City of Fort !Forth against the hazard of fire or explosion arising out of the improper storing, handling, hauling, dispensing or use of liquefied petroleum gas; and whereas, the use of such liquefied petroleum gas for illumination, heating, cooking and other domestic, commercial and industrial purposes, or as a substitute for natural gas (methane), is a rather new use insofar as the City of Fort Worth is concerned, and the misuse of such liquefied petroleum gas is dangerous; and whereas, the existing ordinances and regulations are not adequate or suffi- cient to regulate same, there is created an urgent and imperative public emergency for the immediate preservation of the public peace, health and safety, and requires that this ordinance take effect from and after its passage and publication as required by law, and it is accordingly so or- dained. APPROVED AS TO FORM: mlp=a� City Attorney ORDINANCE rid �f filed -.., 1' r City Secretary