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A hazardous materials license, as specified in Section 4-6-210, shall be required to keep on hand or store for use in any business liquefied fume, hazard gases in single unit tank cars.
(Prior code § 90-21; Amend Coun. J. 11-30-88, p. 19547; Amend Coun. J. 2-7-96, p. 15616; Amend Coun. J. 6-6-12, p. 28356, § 36)
A hazardous materials license, as specified in Section 4-6-210, shall be required to generate or compress oxygen or hydrogen in any form of generator, holder, container or associated apparatus.
(Prior code § 90-22; Amend Coun. J. 11-30-88, p. 19547; Amend Coun. J. 2-7-96, p. 15616; Amend Coun. J. 6-6-12, p. 28356, § 37)
A hazardous materials license, as specified in Section 4-6-210, shall be required to keep any nitrocellulose products in excess of 25 pounds.
(Prior code § 90-22; Amend Coun. J. 11-30-88, p. 19547; Amend Coun. J. 2-7-96, p. 15616; Amend Coun. J. 6-6-12, p. 28356, § 38)
(a) A hazardous materials license, as specified in Section 4-6-210, shall be required to conduct or operate a lumberyard or lumber storehouse.
Included hereunder, but not limited hereby, shall be all lumberyards, lumber storehouses and other places where new, used, finished or unfinished lumber, timber, wood (except firewood), wooden boxes, wooden barrels, veneers, plywoods, flex woods and the like, in excess of 5,000 feet, are kept, placed, stored or piled for sale or use, other than lumber for use in the repair, erection or construction of buildings or improvements incident to the land on the premises where so kept, placed, stored or piled on the premises immediately adjacent thereto.
(b) It shall be unlawful to conduct or operate any lumberyard or lumber storehouse, or to pile or store lumber or any of the aforementioned wooden articles in any lot or plot of ground, without first obtaining the written consents of property owners representing the majority of the total frontage of any lot or plat of ground lying wholly or in part within limits 150 feet distant from and parallel to the boundary of the lot or plot of ground upon which said yard or storehouse is to be established or maintained; provided, however, that for the purpose of this section, only the frontage of any such lot or plot of ground as comes within the 150 foot limits herein prescribed shall be considered; and provided further, that any and all petitions containing such consents of property owners shall be based on and contain the legal description of the property affected and the date of signature. Whenever the lot or plot of ground in which said yard or storehouse is to be established is in any shape other than a rectangle, the 150 foot limiting line aforementioned shall not exceed in distance 150 feet from any point in the boundaries of such lot or plot of ground. Such written consents shall be obtained and filed with the building commissioner before a license is issued hereunder.
(c) It shall be unlawful for any person to establish within 200 feet of a school, church or institutional building, a lumberyard where lumber, either new or old, is sold, or is stored for seasoning or drying; or a box yard where wooden boxes either new or old are stored, sold, manufactured or repaired; or a barrel yard where wooden barrels, either new or old, are stored, sold, manufactured or repaired.
(d) It shall be unlawful for any person to pile or to maintain a pile of lumber, either new or old; wooden boxes, either new or old; wooden barrels, either new or old; and other materials of like combustible nature for the purpose of selling, storing, manufacturing, drying or seasoning, within 50 feet of any building or within 25 feet of any fireproof or brick building, unless the roof of the brick building shall be of fireproof construction, and all exposed windows, doors and other openings in both brick or fireproof buildings are fitted and protected with approved fire-resisting wired glass and metal sash and frames, or all windows and other openings are equipped with metal-clad shutters or doors.
No lumber, boxes or barrels shall be piled in excess of 20 feet in height. If the area covered be in excess of 1,000 square feet, it shall be divided into areas of 1,000 square feet or less by aisles or passageways at least 48 inches wide.
(Added Coun. J. 2-7-96, p. 15616; Amend Coun. J. 3-5-03, p. 104990, § 419; Amend Coun. J. 11-13-07, p. 14999, Art. II, § 1; Amend Coun. J. 4-22-09, p. 58303; Amend Coun. J. 6-6-12, p. 28356, § 39)
A hazardous materials license, as specified in Section 4-6-210, shall be required to keep or store for the purpose of selling at wholesale or retail, sawdust, shavings, excelsior or other similar flammable materials.
(Added Coun. J. 2-7-96, p. 15616; Amend Coun. J. 6-6-12, p. 28356, § 40)
(a) It shall be unlawful for any person to engage in the business of a dealer in solid fuel, within the fire limits of the city, without first having obtained a hazardous materials license, as specified in Section 4-6-210, therefor; provided, that no license shall be required of any dealer in solid fuel for any place of business operated or conducted by such dealer in solid fuel and licensed as such by any municipality which has adopted an ordinance granting privileges similar to those contained in this section.
(b) Whenever used in this section, Section 15-4-257, Section 15-4-258, and Section 15-4-259, the term "solid fuel" shall mean any anthracite, semianthracite, bituminous, semibituminous or lignite coal, briquettes, boulets, coke, gashouse coke, petroleum coke, petroleum carbon, firewood or any other manufactured or patented fuel not sold by liquid or metered measure; the term "hundredweight" shall mean 100 pounds avoirdupois; the word "ton" shall mean 20 hundredweight; the term "dealer in solid fuel" shall mean any person, as defined in this section, offering for sale, selling, delivering or selling and delivering any solid fuel; and the term "fuel oil dealer" shall mean any person who stores fuel oil for the purpose of sale, or conveys fuel oil in any vehicle for the purpose of sale. The term "storer of solid fuel" shall mean any person who stores solid fuel for use in any business but not for resale. The term "fuel oil storer" shall mean any person who keeps on hand or stores fuel oil for use in any business but not for resale.
(c) It shall be unlawful to conduct or operate any yard for the storage of solid fuel in any lot or plot of ground without first obtaining the written consents of the property owners representing the majority of the total frontage in feet of any lot or plot of ground lying wholly or in part within lines 150 feet distant from and parallel to the boundaries of the lot or plot of ground upon which said yard is to be installed; provided, however, that for the purpose of this section only the frontage of any such lot or plot of ground as comes within the 150 foot limit herein prescribed shall be considered; and provided, further, that any and all petitions containing such consents of property owners shall be based on and contain the legal description of the property affected and the date of signature. Whenever the lot or plot of ground in which said yard is to be installed is in any shape other than a rectangle, the 150 foot limiting line aforementioned shall not exceed in distance 150 feet from any point in the boundaries of such lot or plot of ground.
(d) Every dealer in solid fuel shall conform to the provisions of this Code regulating weights and measures, including the requirements as to certificates of weight, which are applicable thereto.
(e) It is hereby declared unlawful for any person to sell or offer for sale any two or more different kinds, grades or sizes of solid fuel which have been mixed in such manner as to prevent purchasers, or intended purchasers, or the inspector of weights and measures of the city or one of his deputies, from reweighing separately each kind, size and grade to determine the weight of each kind, size and grade.
If two or more different kinds, grades or sizes of solid fuel are loaded on the same wagon, truck or other conveyance, each kind, grade and size of solid fuel shall be weighed and loaded separately, and shall be placed either in bags, separated by partitions, or in closed containers, which closed containers shall have legibly stamped upon their sides the actual net weight and the kind, grade and size of each type of solid fuel contained therein; such loading shall be in a manner sufficient that any time during the selling or delivering of such solid fuel, each kind, grade and size of solid fuel may be weighed separately; and the said person selling or delivering said solid fuel shall provide the driver of the wagon, truck or other conveyance in which the same is transported, with a delivery ticket or tickets made out in conformity with the provisions of Sections 4-276-360 to 4-276-400, stating the weight of each kind, grade or size of solid fuel so delivered.
(f) No person shall display, advertise or describe solid fuel in any false or misleading manner, or use any deceptive description of size or kind of solid fuel other than specified in Section 4-276-370. The term "coarse" shall not be used to describe a size or grade and is hereby declared to be deceptive. Figures and percentages of different sizes shall be considered misleading when used to describe solid fuel.
No person shall deliver or attempt to deliver solid fuel containing more than 26 percent volatile matter, if such solid fuel has been advertised by the seller, ordered by the purchaser, or described by the public weighmaster's certificate as "Smokeless", "Low Volatile", "Pocahontas" or "New River".
(g) No solid fuel shall be stored for sale in the same building with fuel oil, gasoline or other flammable liquids unless separated therefrom by a fireproof wall.
It shall be unlawful for any person to deliver or attempt to deliver to a purchaser any kind, grade or size of solid fuel other than that advertised by the seller, ordered by the purchaser, or specified on the delivery ticket or weighmaster's certificate.
It shall be the duty of every person conducting or operating a coal yard within the fire limits of the city to store all soft coal away from the brickwork of boilers and furnaces. Whenever coal 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 and overhaul such coal pile and remove all portions of coal showing indication of ignition or coking. The floor or ground surface of all coal yards shall at all times be kept free from flammable waste material and accumulations of combustible waste materials.
(Added Coun. J. 2-7-96, p. 15616; Amend Coun. J. 6-6-12, p. 28356, § 41)
(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)
(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 Chapter 15-26 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; Amend Coun. J. 10-7-20, p. 21791, Art. VI, § 3)
(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.)
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