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Cleveland Overview
Cleveland, OH Code of Ordinances
CITY OF CLEVELAND, OHIO CODE OF ORDINANCES
CHARTER OF THE CITY OF CLEVELAND
PART ONE: ADMINISTRATIVE CODE
PART TWO: HEALTH CODE
PART THREE: LAND USE CODE
PART IIIA: LAND USE CODE - PLANNING AND HOUSING
PART IIIB: LAND USE CODE - ZONING CODE
PART IIIC: LAND USE CODE - HOUSING CODE
PART IIID: LAND USE CODE - FIRE PREVENTION CODE
TITLE XI: FIRE PREVENTION CODE
CHAPTER 381 - ENFORCEMENT AND GENERAL PROVISIONS
CHAPTER 383 - FLAMMABLE LIQUIDS
§ 383.01 Scope and Application
§ 383.02 Classification
§ 383.03 Definitions
§ 383.04 Conditions Requiring Permits
§ 383.05 Storage Limitations when Not in Fire- Resistive Rooms
§ 383.06 Storage in Dwellings and Row Houses
§ 383.07 Storage in Garages
§ 383.08 Storage in Multiple Dwellings
§ 383.09 Storage in Business Occupancy
§ 383.10 Storage in Mercantile Occupancy
§ 383.11 Storage in Storage Occupancy
§ 383.12 Storage in Industrial Occupancy
§ 383.13 Storage in Institutional Occupancy
§ 383.14 Storage in Assembly Occupancy
§ 383.15 Storage in Educational Occupancy
§ 383.16 Storage During Demolition or Building Moving
§ 383.17 Storage in Stores and Mercantile Establishments
§ 383.18 Storage in Fire-Resistive Storage Rooms
§ 383.19 Storage and Handling of Class I and Class II Liquids
§ 383.20 Tanks for Class I or Class II Liquid Buried Within Buildings
§ 383.21 Storage Tanks for Class III Liquids Within Buildings
§ 383.22 Underground Tanks Outside Buildings
§ 383.23 Installation of Underground Tanks
§ 383.24 Above-Ground Storage in Tanks of Class I, II or III Liquid
§ 383.25 Fire Extinguishing Equipment for Above- Ground Storage Tanks
§ 383.26 Dikes
§ 383.27 Above-Ground Outdoor Storage of Flammable Liquids in Barrels, Drums or Other Containers
§ 383.28 Materials, Construction and Equipment of Storage Tanks and Containers
§ 383.29 Tank Car and Tank Truck Loading Docks
§ 383.30 Processing Equipment
§ 383.31 Processing Room Ventilation
§ 383.32 Piping, Valves and Pumps
§ 383.33 Marking and Labeling Storage Areas
§ 383.34 Yard Hydrant Systems
§ 383.35 Storage of Flammable Liquids Subject to Drug Abuse
§ 383.36 Appeal
CHAPTER 385 - FLAMMABLE MATERIALS AND GASES
CHAPTER 387 - EXPLOSIVES, INCLUDING THE INDOOR AND OUTDOOR DISPLAY OF PYROTECHNICS, FLAME EFFECTS, AND LASERS
CHAPTER 389 - FIRE EXTINGUISHING EQUIPMENT
CHAPTER 391 - FIRE ALARM AND DETECTION SYSTEMS; FIRE DRILLS
CHAPTER 392 - SMOKE DETECTORS, SMOKE ALARMS, AND CARBON MONOXIDE ALARMS
CHAPTER 393 - HAZARDOUS CHEMICALS: RIGHT-TO-KNOW CODE
CHAPTER 394 - HAZARDOUS MATERIAL TRANSPORTATION
CHAPTER 395 - UNNECESSARY FIRE ALARMS
CHAPTER 396 - NOTIFICATION, ENVIRONMENTAL ABATEMENT AND SECURING OF CLOSED OR VACATED FACILITIES
CHAPTER 397 - EMERGENCY RAPID ENTRY SYSTEMS
PART IIIE: LAND USE CODE - BUILDING CODE
PART FOUR: TRAFFIC CODE
PART FIVE: MUNICIPAL UTILITIES AND SERVICES CODE
PART SIX: OFFENSES AND BUSINESS ACTIVITIES CODE
TITLE VIIA: CLEVELAND NEIGHBORHOOD FORM-BASED CODE
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§ 383.04 Conditions Requiring Permits
   (a)   No permit shall be required for the temporary storage of paints, oils, varnishes or similar mixtures while being used in painting or refinishing a building or other structure and stored therein for a period not exceeding thirty (30) days, in quantities not exceeding that required for one (1) week’s operations. However, this shall not apply, and permits shall be obtained, for the storing of paints, oils and varnishes kept for maintenance operations.
   (b)   No permit shall be required by an owner, occupant or agent of an owner or occupant, for the use of paints, oils, varnishes and similar mixtures in painting or finishing premises owned or occupied by such owner or occupant, except that a permit shall be required for refinishing bowling alley floors and similar surfaces in places of assembly when highly flammable liquids are used.
   (c)   Except as provided in subsections (d) and (e) hereof, no permit shall be required by a painter for the storage, use and handling of flammable liquids required for his or her trade or business, provided that no such liquids in excess of those required for the conduct of his or her trade or business are stored, and none are sold at wholesale or retail or regularly stored by him or her in buildings of residential occupancy classification or in other locations where prohibited by this chapter or deemed hazardous to the occupancy by the Division of Fire. It is provided further that the location of each such place of storage shall be registered with the Division and the location, quantity and manner of storing and handling of such flammable liquids, the precautions against fire and the provisions for fire fighting, shall be subject to the inspection, order and approval of the Division.
   (d)   A permit shall be required for the regular storage of flammable liquids in excess of an aggregate of five (5) gallons within any building or on the premises of any building of residential occupancy, business occupancy, institutional occupancy, assembly occupancy or educational occupancy classification.
   (e)   A permit shall be required for the regular storing or handling of flammable liquids in excess of the following quantities within or outside or on the premises of any building of industrial occupancy, storage occupancy or high hazard occupancy classification:
 
Gallons
Class Liquid
10
I
25
II
25
III inside building
55
III outside building
 
   (f)   No retail store, jobber, paint and oil store, hardware store, drug store or other mercantile establishment shall store, handle or sell flammable liquid unless a permit to do so has been obtained from the Fire Chief, except that no permit shall be required by a mercantile establishment to store, handle or sell perfumes, hair tonics, medicinal or toilet preparations or shoe polish, or similar mixtures intended for domestic or household use.
   (g)   Every certificate of occupancy issued after June 27, 1949, shall state the quantity, character, location and method of storage of flammable liquid permitted on the premises as approved by the Chief. A new certificate of occupancy shall be obtained whenever there is any increase in the quantity, or substantial change in the character, location or method of storage of flammable liquid on such premises.
(Ord. No. 991-49. Passed 6-27-49, eff. 6-27-49)
§ 383.05 Storage Limitations when Not in Fire- Resistive Rooms
   (a)   The provisions of this section shall not apply to buildings, each occupied by one (1) tenant and used for the manufacturing or processing of flammable liquid, provided such buildings are adequately isolated from other premises and do not present a conflagration hazard to the community.
   (b)   In applying the provisions of this section, each part of a building which is separated from all other parts by construction having a fire resistance rating commensurate to the fire load but of not less than one (1) hour may be deemed to be a separate building, and each such part may contain the maximum quantities hereinafter specified.
   (c)   Except as provided in subsections (a) and (b) hereof, or in Section 383.17, or as may be further limited or restricted by this Fire Prevention Code, the maximum quantity of flammable liquid stored or kept in containers in buildings and not stored or kept in rooms conforming to the provisions of Section 3129.43(c), or stored or kept in stationary or fixed tanks conforming to the applicable provisions of this chapter, shall be as follows: (Chapters 3125 to 3131 shall govern limits and restrictions applicable to occupancies other than high hazard occupancy.)
      (1)   Class I Liquid.
         A.   In buildings of Type IV, wood construction: in the Inner or Outer Fire District, none; in the Urban District, an aggregate of ten (10) gallons in sealed containers or safety cans of not more than one (1) gallon capacity each;
         B.   In buildings of Type I, fireproof, Type II, incombustible, or Type III, exterior protected construction: an aggregate of fifty (50) gallons in sealed containers or safety cans of not more than one (1) gallon capacity each.
      (2)   Class II Liquid.
         A.   In buildings of Type IV, wood construction: in the Inner or Outer Fire District, none; in the Urban District an aggregate of fifty (50) gallons in sealed containers or safety cans of not more than five (5) gallons capacity each;
         B.   In buildings of Type I, fireproof, Type II, incombustible or Type III, exterior protected construction: an aggregate of sixty (60) gallons in sealed containers or safety cans of not more than five (5) gallons capacity each or barrels or drums not exceeding sixty (60) gallons capacity each.
      (3)   Class III Liquid. In buildings of any type of construction; an aggregate of three thousand (3,000) gallons in sealed containers or safety cans not exceeding five (5) gallons capacity each or barrels or drums not exceeding sixty (60) gallons capacity each.
      (4)   Substitution of Liquids of Higher Flash Point. Class II or III liquid, in the same quantity, may be substituted for the permitted quantity of Class I liquid, and Class III liquid, in the same quantity, for the permitted quantity of Class II liquid. When substitutions are made, the maximum size of container may correspond to that permitted for storage of the class of liquid substituted.
   (d)   Flammable liquid in excess of the quantities given above or contained within containers exceeding the capacities specified above shall be stored either within rooms conforming to the provisions of Section 3129.43(c), or stored in aboveground or underground tanks as prescribed in this chapter, Chapters 385 and 3129, or stored in approved separate storage houses approved for such storage, or in drums or barrels stored outdoors in an approved isolated location.
(Ord. No. 991-49. Passed 6-27-49, eff. 6-27-49)
§ 383.06 Storage in Dwellings and Row Houses
   (a)   Flammable liquid with flash point of ninety degrees Fahrenheit (90°F) or less shall not be stored or used in dwelling houses or row houses in quantities aggregating more than five (5) gallons, and all such liquid shall be in containers not exceeding one (1) gallon capacity. Containers shall be kept tightly sealed when not in actual use.
   (b)   Sections 385.73(h) to (m) and 3155.32 shall govern the storage and use of fuel oil and the installation of oil-fired appliances and equipment.
(Ord. No. 991-49. Passed 6-27-49, eff. 6-27-49)
§ 383.07 Storage in Garages
   The storing and handling of flammable liquids in garages and the application of flammable finishes shall be done in conformity with the applicable provisions of this chapter and Chapter 385.
(Ord. No. 991-49. Passed 6-27-49, eff. 6-27-49)
§ 383.08 Storage in Multiple Dwellings
   (a)   No use or occupancy classified as high hazard occupancy shall be contained within any multiple dwelling, except that paint and oil stores, liquor stores and other retail stores of similar hazard may be permitted when separated from other occupancies in the building by approved occupancy separations, and when a permit for such use is issued by the Fire Chief and a certificate of occupancy therefor is issued by the Commissioner of Building.
   (b)   The provisions of this subsection apply to the storage of flammable liquid in parts of multiple dwellings classified as residential occupancy. The storage of flammable liquids in mercantile occupancies within such multiple dwellings shall be subject to the provisions of Section 383.17.
   (c)   No flammable liquid, in excess of an aggregate of five (5) gallons shall be stored without a permit from the Division of Fire. Flammable liquid with a flash point of ninety degrees Fahrenheit (90°F) or less shall be in containers not exceeding one (1) gallon capacity. Containers of flammable liquid shall be kept tightly sealed when not in use.
   (d)   Flammable liquid, including paint, stored in excess of such aggregate of five (5) gallons, shall be stored and used in conformity with the provisions of this chapter. Except as otherwise provided for the storage of fuel oil, all storage of flammable liquids in excess of an aggregate of five (5) gallons shall be within rooms or spaces contained within incombustible walls or partitions having a fire resistance rating of not less than one and one-half (1-1/2) hours with openings protected with self-closing doors having a fire resistance rating of not less than one and one-half (1-1/2) hours. Ceilings of such rooms or spaces shall have a fire resistance rating of not less than one (1) hour.
   (e)   Except as provided in subsection (d) hereof, each such storage room or space shall conform to the provisions of Section 3129.43(c).
   (f)   Sections 385.73 and 3155.22 shall govern the storage and use of fuel oil and the installation of oil- fired appliances and equipment.
   (g)   All flammable liquid stored within any multiple dwelling shall be stored only in conformity with the provisions of subsections (b) to (f) hereof.
(Ord. No. 341-A-55. Passed 6-27-55, eff. 7-1-55)
§ 383.09 Storage in Business Occupancy
   (a)   The provisions of this section apply to the storage of flammable liquids in parts of buildings classified as of business occupancy. The storage of flammable liquids in mercantile occupancies shall conform to the provisions of Section 383.17.
   (b)   No flammable liquid in excess of an aggregate of five (5) gallons shall be stored without a permit from the Division of Fire. Flammable liquid with a flash point of 90° F or less shall be in containers not exceeding one (1) gallon capacity. Containers of flammable liquid shall be kept tightly sealed when not in use.
   (c)   Flammable liquid, including paint, stored in excess of an aggregate of five (5) gallons, shall be stored and used in conformity with the provisions of this chapter, and Sections 381.05, 385.35, 391.29 and 3129.34 to 3129.50. Except as otherwise provided in the Fire Prevention and Building Codes for the storage of fuel oil, all storage of flammable liquids in excess of an aggregate of five (5) gallons shall be within rooms or spaces contained within incombustible walls or partitions having a fire resistance rating of not less than one and one-half (1-1/2) hours with openings protected with self-closing doors having a fire resistance rating of not less than one and one-half (1-1/2) hours. Ceilings of such rooms or spaces shall have a fire resistance rating of not less than one (1) hour.
   (d)   Except as provided in subsection (c) hereof, each such storage room or space shall conform to the provisions of Section 3129.43(c).
   (e)   Sections 385.73(a) to (g) and 3155.32 shall govern the storage and use of fuel oil and the installation of oil fired appliances.
(Ord. No. 991-49. Passed 6-27-49, eff. 6-27-49)
§ 383.10 Storage in Mercantile Occupancy
   (a)   Sections 383.04, 383.17, 385.63 and 385.64 shall govern the storage and handling of flammable liquids and pyroxylin products within buildings and parts of buildings of mercantile occupancy classification.
   (b)   Storage rooms and spaces for the storage of flammable liquid shall conform to the provisions of Section 3129.43(c). Except when lesser fire resistance rating is specifically approved by the Commissioner of Building for storage not exceeding a fire load of ten (10) pounds per square foot, such rooms or spaces shall be enclosed within incombustible walls or partitions having a fire resistance rating of not less than one and one-half (1-1/2) hours with openings protected with self-closing doors having a fire resistance rating of not less than one and one-half (1-1/2) hours, and ceilings of such rooms or spaces shall have a fire resistance rating of not less than one (1) hour.
   (c)   The storage and handling of flammable liquid at service stations shall conform to the applicable provisions of this chapter. Gasoline storage at service stations shall be in approved underground tanks.
   (d)   Sections 385.73(a) to (g) and 3155.32 shall govern the storage and use of fuel oil and the installation of oil-fired appliances.
(Ord. No. 991-49. Passed 6-27-49, eff. 6-27-49)
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