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HomeMy WebLinkAboutOrdinance 14688ORDINANCE NO. AN ORDINANCE AMENDING AND REVISING THE FORT WORTH FIRE CODE BY AMENDING SECTIONS 105, 3402, AND 3406 AND ADDING APPENDIX K, TO PROVIDE FOR REGULATION OF MOBILE FUELING VIA AMENDMENT OF SECTION 13-1 OF CHAPTER 13, "FIRE PREVENTION AND PROTECTION," OF THE CODE OF THE CITY OF FORT WORTH (1986), AS AMENDED; PROVIDING FOR THE ISSUANCE OF PERMITS, PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE; PROVIDING FOR SEVERABILITY, PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER, AND PROVIDING AN EFFECTIVE DATE. BE IT HEREBIT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS: SECTION 1. Sections 105, 3402, and 3406 of the Fort Worth Fire Code, located in Section 13-1 of the Code of the City of Fort Worth (1986), as amended, are further amended as follows. SECTION 105 PERMITS Add Section .1 DS 6.48 to read as follows 105.6.48 Mobile fueling. A separate permit is required for each mobile refueling apparatus utilized for the purpose of transfernng fuel m accordance with this section. A separate permit is required for each site where mobile refueling operations take place m accordance with this section. Notwrthstandmg the requirements set out m Section 105, the fees for mobile refueling permits are as set forth m Appendix K SECTION 3402 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." 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 to cease. SECTION 3406 SPECIAL OPERATIONS Amend Section 3406 S 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 motor vehicles shall be prohibited unless allowed by and conducted m accordance with Sections 3406.5 4 1 through 3406 5 4.5 4 and appendix K. Add Sections 34©6.5 4 S through 3406 S 4 S 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 the fuel tanks of motor vehicles located at commercial, industrial, governmental or manufacturing establishments is allowed where permitted, provided such dispensing operations are conducted m accordance with Sections 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 saes that have been permitted to conduct mobile fueling. 2. A detailed. plan shall be submitted with each application for a permit. The site plan must indicate• a. all buildings, structures, and appurtenances on site and their uses or function, b all uses adjacent to the property lines of the site; c. the locations of all storm dram 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 Code Official 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 m areas not generally accessible to the public. 5 Mobile fueling shall not take place within 15 feet (4 572m) of buildings, property fines, or combustible storage. 3406.5.4.5.2 Refueling Operator Requirements 1 The owner of a mobile fueling operations 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 vehicle's specific function shall include that of supplying fuel to motor vehicle fuel tanks. The tank vehicle and its equipment shall be maintained m good repair 3 Signs prohibiting smoking or open flames within 25 feet (7 62m} 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 Afire 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 fisted type. 6 The dispensing hose shall not be extended from the reel more than 100 feet (30 48m) in length. 7 Absorbent materials, non-water absorbent pads, a 10 foot (3 048m) long containment boom, an approved container with lid, and anon-metallic shovel 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 single fueling operation to a maximum of 500 gallons (1893 L) between resettings 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 m the appropriate mitigating actions m the event of a fire, leak, or spill. Training records shall be maintained by the dispensing company and shall be made available to the Code Official upon request. 10 Operators of tank vehicles used for mobile fueling operations shall have in 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. 3 The engines of vehicles being fueled shall be shut off during dispensing operations. 4 Night time fueling operations shall only take place in adequately lighted areas. 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 vehicle brakes shall be set, chock blocks shall be in place and warning lights shall be m operations. 7 Motor vehicle fuel tanks shall not be topped off. $ The dispensing hose shall be properly placed on an approved reel or in an approved compartment prior to moving the tank vehicle. 9 The Code Official and other appropriate authorities shall be notified 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 m Appendix K. SECTION 2. Add a NEI~TI Appendix K to read as follows Appendix K MOBILE FUELING PERMIT FEES SECTION K101 K101.1 Mobile fueling permit fees. Mobile fueling permit fees will be assessed as set forth m Table K101 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 Crty Council shall determine. Table K101.1 Mobile Fueling Permit Fees For Each Site Initial Fee Initial Permit Fee $1,000 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 $500 Same as initial fee SECTION 3 It is hereby declared to be the intention of the City Council that the sections, paragraphs, sentences, clauses, 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 decree of any court of competent Junsdiction, such unconstituhonalrty shall not affect any of the remaining phrases, clauses, sentences, paragraphs, and sections of this ordinance, since the same would have been enacted by the City Council without the incorporation m this ordinance of any such unconstitutional phrase, clause, sentence, paragraph, or section. SECTION 4. All nghts and remedies of the Crty of Fort Worth, Texas, are expressly saved as to any and all violations of the provisions of Chapter 13 of the Code of the City of Fort Worth, as amended, or any other ordinance affecting construction and fire safety, which have accrued at the time of the effective date of this ordinance; and, as to such accrued violations and all pending htigahon, both civil and cnmmal, whether pending m court or not, under such ordinances, same shall not be affected by this ordinance but may be prosecuted until final disposition by the courts. SECTION 5. The City Secretary of the Crty of Fort Worth, Texas, is hereby directed to publish the caption, penalty clause and effective date of this ordinance for two (2) days m the official newspaper of the City of Fort Worth, Texas, as authorized by Section 52 013, Texas Local Government Code. SECTION 6. This ordinance shall be effective thirty (30) days after its passage and publication. APPROVED AS TO FORM AND LEGALITY s ,~ 711 ~f Crty orney City of Fort Worth, Texas ~1-~A~or And ~ounc~l orr~mun~cA~ion C DATE REFERENCE NUMBER LOG NAME PAGE 6/5/01 G-13263 36AMENDING 1 of 1 SUBJECT ADOPT ORDINANCE AMENDING THE FORT WORTH FIRE CODE PROVIDING FOR MOBILE FUELING ACTIVITIES AND FEES RECOMMENDATION It is recommended that the City Council adopt the attached ordinance amending the Fort Worth Fire Code, allowing for mobile fueling activities within the City DISCUSSION The ordinance amends the Fort Worth Fire Code to allow "Vehicle to Vehicle" or "Wet Fueling" (Mobile Fueling) along with new permit fees associated with those operations Mobile fleet fueling is a service provided by mobile fueling companies in which a tank vehicle is dispatched to fuel the tanks of motor vehicles located at commercial, industrial, governmental, or manufacturing establishments The proposed ordinance provides for site requirements where fleet fueling occurs, requirements for the refueling operator, and operational requirements. The ordinance also proposes that any property owner desiring refueling at its site(s) would apply for a permit and pay a $2,000 initial fee per site, and $1,000 per site for annual renewal of the permit. Mobile refueling operators would pay a fee of $1,000 to permit each refueling vehicle, and $500 per vehicle for annual renewal of the permit. FISCAL INFORMATION/CERTIFICATION The Finance Director certifies that this action wil! have no material effect on City funds LW:k Submitted for City Manager's FUND ACCOUNT CENTER AMOUNT CITY SECRETARY Office by: (to) A~PPROYED Libby Watson 6183 ~TY ~O+ ~~}~ C Originating Department Head: . v f~ v1 H. L. McMillen 6801 (from) ~jv ~~ Additional Information Conta t ~~ r`"'-" ~'"~`~ c : i ~ F w o ~ Y otth.'!'sxs.~ H. L. McMillen 6801 Adopted Ordinan~a* No;