15-4-257 Storage of solid fuel not for retail.

   (a)   It shall be unlawful for any person to keep, pile or store on any lot, plot of ground, railroad siding, switch track or other place within the fire limits of the city, any solid fuel in quantities greater than 1,000 tons without first having obtained a hazardous materials license, as specified in Section 4-6-210. Provided, however, that this requirement shall not apply to any person conducting or operating a coal yard licensed under this chapter.

   (b)   It shall be the duty of every person establishing and maintaining such lot, plot of ground, railroad siding, switch track or other place within the fire limits of the city to store all soft coal away from the brickwork of boilers and furnaces. Whenever solid fuel in storage shows indication of spontaneous ignition or gives off gases, it shall be the duty of the licensee, agent or person in charge or control of the premises to turn over or overhaul such solid fuel and remove all portions of the same showing indication of ignition or coking. Such work shall be done under the supervision of the fire commissioner. The floor or ground surface of the premises shall at all times be kept free from flammable waste material and accumulations of combustible waste materials. Gasoline, fuel oil or other flammable liquids shall not be placed or stored upon the licensed premises unless separated from such solid fuel by fireproof walls.

(Added Coun. J. 2-7-96, p. 15616; Amend Coun. J. 6-6-12, p. 28356, § 42; Amend Coun. J. 5-18-16, p. 24131, § 64)

15-4-258 Fuel oil dealers.

   (a)   It shall be unlawful for any person to engage in the business of fuel oil dealer without first having obtained a hazardous materials license, as specified in Section 4-6-210 .

      This section shall not be construed to include or apply to dealers in fuel oil who are licensed at the same place, location or premises under the provisions of this Code licensing “filling stations”, in such a way as to require an additional license fee from persons so licensed who pay an annual license fee that is equal to or greater than the annual license fee required of a fuel oil dealer hereunder who uses or proposes to use storage facilities in connection with his business.

   (b)   The fire commissioner shall investigate such application and the matters and things therein stated.

   (c)   All places of business of fuel oil dealers shall be kept in a clean condition, free from accumulations of rags, wastepaper and other combustible waste materials. Smoking shall be prohibited thereon. Adequate toilet facilities shall be provided. All such premises and all vehicles used in connection with the business of fuel oil dealers shall be conducted and operated in accordance with the provisions of this Code in Chapters 15-26 and 13-84 and shall be inspected by the fire commissioner at least once every year.

   It shall be unlawful for any fuel oil dealer to refill any fuel oil storage container or tank used in connection with an oil-burning heater, boiler or furnace, unless such storage container or tank is equipped with an automatic or return vent pipe, or unless the fill pipe of such storage container or tank is equipped with a screw or automatic cap. It shall be the duty of every such dealer after filling or refilling any fuel oil storage container or tank to replace the screw cap on such fill pipe, or if equipped with an automatic cap, to see to it that said fill cap pipe is properly closed.

   (d)   [Reserved.]

(Added Coun. J. 2-7-96, p. 15616; Amend Coun. J. 12-14-05, p. 66732, § 2; Amend Coun. J. 6-6-12, p. 28356, § 43; Amend Coun. J. 5-18-16, p. 24131, § 65)

 

Notes

4-6-210

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15-4-259 Fuel oil storers.

   (a)   It shall be unlawful for any person to keep on hand or store fuel oil for use in any business, other than the business of dealer in such oil, without first procuring a hazardous materials license, as specified in Section 4-6-210, for each location, place or premises where such person keeps on hand or stores for use any such oil. Provided, however, that no license shall be required of any person who keeps on hand or stores fuel oil in a quantity less than 2,150 gallons for use exclusively in the heating of any building.

   (b)   The fire commissioner, upon receipt of such application, shall investigate or cause to be investigated the place of business described in such application and the methods and equipment intended to be used by such applicant in the storage and handling of fuel oil.

   (c)   All containers or tanks used for the storage of fuel oil and all buildings and premises wherein fuel oil is stored shall be constructed and maintained in accordance with the provisions of the building and fire prevention chapters of this Code.

   All containers or tanks used for the storage of fuel oil, either above or below ground or within a building, and the premises used for the storage of such oil, shall be inspected by the fire commissioner at least once each year.

   Rags, soiled waste and wastepaper shall be kept in metal containers pending removal from the premises.

   No person shall smoke in that part of any premises where such oil is stored.

   It shall be unlawful for any fuel oil storer to refill any fuel oil storage container or tank used in connection with an oil-burning heater, boiler or furnace, unless such storage container or tank is equipped with an automatic or return vent pipe, or unless the fill pipe of such storage container or tank is equipped with a screw or automatic cap. It shall be the duty of every such storer after filling or refilling any fuel oil storage container or tank to replace the screw cap on such fill pipe, or if equipped with an automatic cap, to see to it that said fill pipe cap is properly closed.

(Added Coun. J. 2-7-96, p. 15616; Amend Coun. J. 6-6-12, p. 28356, § 44; Amend Coun. J. 5-18-16, p. 24131, § 66)

ARTICLE IV. CERTIFICATES OF FITNESS (15-4-260 et seq.)

15-4-260 General requirements.

   Where a certificate of fitness is required in connection with licenses covered in Sections 15-4-210 to 15-4-240, and in connection with Section 15-4-290, the licensee shall obtain the certificate of fitness. He shall file with the fire commissioner, in writing, the name of the person or persons in charge of the operation and shall certify that each person complies with the requirements outlined below and with any special requirements outlined in Sections 15-4-210 to 15-4-240, inclusive, and Section 15-4-290:

      1.   At least 21 years of age;

      2.   Able to understand and speak the English language;

      3.   Of temperate habits;

      4.   Familiar with the provisions of the law and the regulations governing the use and handling of the material involved;

      5.   Is familiar with the risks incident to the service performed by him and capable of taking all necessary precautions.

   The licensee shall notify the fire commissioner in case of change of personnel among those designated to have direct charge of the operation. When new names are submitted for such persons, similar certificates shall be made by the licensee as to the above mentioned and special qualifications for such person or persons so substituted.

(Prior code § 90-24; Amend Coun. J. 2-7-96, p. 15616; Amend Coun. J. 5-18-16, p. 24131, § 67)

15-4-270 Acetylene gas.

   A certificate of fitness shall be required before any operation shall begin under a license for the collecting or compressing of acetylene gas at any pressure in excess of 15 pounds per square inch.

(Prior code §  90-25)

15-4-280 Liquefied fume hazard gases.

   No liquefied fume hazard gas in single-unit tank cars shall be used, stored or handled unless in the direct charge of a person possessing a certificate of fitness. The annual fee for such certificate shall be $15.00.

   The licensee shall also certify that the person or persons are:

      1.   Familiar with and capable of applying and using emergency repair devices to control any leakage which may develop;

      2.   Familiar with and capable of applying and using gas masks and air or oxygen containers necessary to operate said masks.

(Prior code §  90-26)

15-4-290 Flammable liquid tank truck drivers.

   Every driver of a motor tank vehicle conveying Class I flammable liquids, as defined in Section 15-24-020 of this Code, including those drivers of vehicles with loads originating outside the City limits for deliveries in the City, but not drivers of carriers holding certificates of public convenience and necessity, or permits as a contract carrier, issued by the Department of Transportation under federal Motor Carrier Act of 1935 as amended, shall be required to receive a certificate of fitness from the Fire Commissioner. The annual fee for such certificate of fitness shall be: originals – $5.00; renewals – $2.00, to be paid to the Comptroller.

   In addition to the requirements outlined in Section 15-4-260 the applicant shall pass an examination conducted by the issuing officer upon the law and ordinance regulations governing the transportation, storage, and use of the flammable liquid to which his employment and services relates.

(Prior code § 90-27; Amend Coun. J. 11-16-11, p. 13798, Art. I, § 11; Amend Coun. J. 5-18-16, p. 24131, § 68; Amend Coun. J. 11-7-18, p. 88803, § 35)

ARTICLE V. BLASTING AND EXPLOSIVES (15-4-300 et seq.)