§ 383.17 Storage in Stores and Mercantile Establishments
   (a)   Maximum Quantity. The storage of flammable liquids within the sales space of any retail store, paint and oil store or other mercantile establishment shall not exceed the limits set in Section 383.05, and shall not exceed the following quantities in any one (1) establishment or fire area:
      (1)   The aggregate quantity of flammable liquid with flash point less than ninety degrees Fahrenheit (90°F) shall not exceed one hundred (100) gallons and of this quantity not more than one-half (1/2) shall be liquid with flash point of twenty-five degrees (25°F) or less.
      (2)   The aggregate quantity of flammable liquid with flash point of ninety degrees Fahrenheit (90°F) or more shall not exceed three thousand (3,000) gallons.
   (b)   Material and Size of Containers. In retail stores, paint and oil stores, hardware stores, drugstores and other mercantile establishments, flammable liquids within the sales space, and all Class I liquids in any location, shall be stored, handled and sold in sealed containers conforming to the following requirements:
      (1)   Liquids with flash point of fifty degrees Fahrenheit (50°F) or less shall be in metal or other approved incombustible nonfragile containers not exceeding one (1) gallon in size except that glass containers not exceeding one (1) quart in size may be used for shellac and other flammable liquids with a flash point more than twenty-five degrees Fahrenheit (25°F) which are shown to be unstable when stored in metal containers, and except that glass containers not exceeding four (4) ounce capacity may be used for flammable liquid irrespective of flash point.
      (2)   Flammable liquids with flash point of fifty degrees Fahrenheit (50°F) or more shall be in metal or other approved incombustible nonfragile containers not exceeding five (5) gallons capacity except that flammable liquids with a flash point of ninety degrees Fahrenheit (90°F) or more may be in glass containers not exceeding one (1) gallon capacity.
   (c)   Storage in Fire-Resistive Storage Rooms. Storage of flammable liquid in excess of the quantities specified in subsection (a) hereof, and storage of flammable liquid in metal containers or other approved incombustible containers exceeding the capacities specified in subsection (b) hereof, but not exceeding sixty (60) gallon capacity, shall be either within rooms conforming to the provisions of Section 3129.43(c), or in aboveground or underground tanks as prescribed in this chapter and Chapters 385 and 3129, or in approved separate storage houses approved for such storage, or in drums or barrels stored outdoors in an approved isolated location. Class I liquids stored within such fire- resistive rooms shall be in sealed containers not exceeding the sizes specified in subsection (b)(1) hereof.
   (d)   Dispensing.
      (1)   The provisions of this subsection (d) shall not apply to the mixing or compounding of medicines by a registered pharmacist.
      (2)   Except as provided in subsections (d)(1) and (4) hereof, there shall be no dispensing of flammable liquid by drawing into a container within the sales space of any retail store, paint and oil store, hardware store, drugstore or other mercantile establishment.
      (3)   Any Class I liquid stored or handled within the sales space of any retail store, paint and oil store, hardware store, drugstore or other mercantile establishment shall be in sealed containers, and none shall be dispensed or transferred from one (1) container to another except as provided in subsection (d)(1) hereof.
      (4)   Flammable anti-freeze liquid with a flash point of fifty degrees Fahrenheit (50°F) or more, and Class III liquid, may be dispensed in the rooms of a service station building, provided there is no open flame which is less than eight (8) feet above the floor level within the room where dispensing of flammable liquid with a flash point of one hundred degrees Fahrenheit (100°F) or less is done, or within the range of vapor flow from containers of flammable liquid with flash point of one hundred degrees Fahrenheit (100°F) or less, and provided no container of flammable liquid with flash point of one hundred degrees Fahrenheit (100°F)or less in such room exceeds sixty (60) gallon capacity.
      (5)   Flammable liquid with a flash point of ninety degrees Fahrenheit (90°F) or more, such as kerosene or turpentine, and flammable anti-freeze with a flash point of fifty degrees Fahrenheit (50°F) or more, may be dispensed within a retail store, paint and oil store, hardware store, drugstore or other mercantile establishment if the dispensing or drawing of such liquid is done within a room, separate from the sales space, provided with approved natural or mechanical ventilation adequate to prevent fire and health hazards and enclosed in partitions, floor and ceiling construction and self-closing doors having a fire resistance rating of not less than three-fourths (3/4) hour, and provided further that there is no source of ignition which is less than eight (8) feet above the floor level within the room where dispensing is done or within the range of vapor flow, and no container within such room exceeds sixty (60) gallon capacity.
      (6)   The floor surface in any such dispensing room shall be of incombustible material.
      (7)   All withdrawal from containers exceeding ten (10) gallon capacity shall be done by means of approved pumps. No withdrawal from such containers shall be by operation of a pressure or gravity system.
   (e)   Construction Requirements.
      (1)   Every retail store, paint and oil store, hardware store, drugstore or other mercantile establishment in which flammable liquid is stored, handled and sold, contained within any building of residential occupancy classification, shall be separated from other occupancies in the same building by an occupancy separation having a fire resistance rating of not less than three-fourths (3/4) hour.
      (2)   Whenever any basement or cellar in any retail store, paint and oil store, hardware store, drugstore or other mercantile establishment is used for storing, handling or selling flammable liquid, the floor construction above such basement or cellar shall have a fire resistance rating of not less than three-fourths (3/4) hour.
      (3)   There shall be not less than two (2) approved means of egress from the sales area of all retail stores, paint and oil stores, hardware stores, drugstores or other mercantile establishments storing in excess of an aggregate of three hundred (300) gallons of flammable liquid in the sales area.
   (f)   Labeling. All containers in which flammable liquid is sold to the retail trade or for domestic or household use shall have a warning label or marking. Such warning label or marking shall conform to nationally recognized standards therefor approved by the Division of Fire.
(Ord. No. 991-49. Passed 6-27-49, eff. 6-27-49)