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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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§ 383.21 Storage Tanks for Class III Liquids Within Buildings
   (a)   The provisions of this section shall not apply to buildings each occupied by one (1) tenant and used for the processing or manufacturing of flammable liquid, provided such buildings are adequately isolated from other premises and do not present a conflagration hazard to the community.
   (b)   Except as provided in subsection (a) hereof, tanks for Class III liquid larger than sixty (60) gallon capacity shall not be located above the lowest story of any building. No inside storage tank for Class III liquid shall be located within seven (7) feet horizontally of any open flame.
   (c)   In buildings of Class III, exterior protected construction, or Class IV, wood construction, the nominal aggregate capacity of such tanks for Class III liquid shall not exceed five thousand (5,000) gallons unless installed as provided in subsection (e) hereof.
   (d)   In buildings of Class I, fireproof, or Class II, incombustible construction, the nominal aggregate capacity of such tanks for Class III liquid shall not exceed fifteen thousand (15,000) gallons unless installed as provided in subsection (e) hereof.
   (e)   In any building, if within or buried below a fire-resistive detached room cut off vertically and horizontally in an approved manner by means of an incombustible separation having a fire resistance rating of not less than four (4) hours, the nominal aggregate capacity of such tanks for Class III liquid shall not exceed fifty thousand (50,000) gallons, with no individual tank capacity extending twenty-five thousand (25,000) gallon capacity. Such room shall be so constructed and openings to such room shall be so located that the room will serve as a dike to retain any leakage or seepage.
   (f)   Except as provided in subsection (a) hereof, tanks for Class III liquid located inside buildings shall not exceed two hundred seventy-five (275) gallons individual capacity or five hundred fifty (550) gallons aggregate capacity in one (1) building or fire area unless installed at least three (3) feet below a concrete floor of the lowest floor level, or installed in the lowest story within or below a fire-resistive detached room as provided in subsection (a) hereof, or in an enclosure or casing constructed as follows:
      (1)   The walls of the enclosure shall be constructed of reinforced concrete at least six (6) inches thick or of brickwork at least eight (8) inches thick, and shall be bonded to the floor. The space between the tank and the enclosure shall be completely filled with sand or well tamped earth. When the floor or other construction immediately above the tank is of fire-resistive construction capable of safely sustaining a load of one hundred fifty (150) pounds per square foot, the walls of the enclosure shall be carried to a height not less than one (1) foot above the tank and the space above the tank filled with sand or well tamped earth to the top of the wall; otherwise the enclosure shall have a top of reinforced concrete at least five (5) inches thick, or a top of equivalent construction.
      (2)   Instead of the enclosure described in subsection (f)(1) hereof, the tank may be encased in reinforced concrete not less than six (6) inches in thickness, applied directly to the tank so as to completely eliminate any air space.
(Ord. No. 991-49. Passed 6-27-49, eff. 6-27-49)
§ 383.22 Underground Tanks Outside Buildings
   (a)   Underground tanks outside buildings used for the storage of flammable liquid shall conform to the provisions of this section.
   (b)   Individual underground tanks for flammable liquid located outside of buildings shall not exceed thirty thousand (30,000) gallon capacity.
   (c)   The distance from any underground tank outside buildings to a lot line or a building shall be not less than three (3) feet.
   (d)   No underground tank for liquid with flash point of one hundred degrees Fahrenheit (100°F) or less shall be installed under any street, alley or other public thoroughfare.
   (e)   The shells of underground storage tanks for Class I or Class II flammable liquid shall be located not less than three (3) feet horizontally from the nearest outside wall of any basement, pit or cellar with floor lower in elevation than the top of such tank, except that a lesser distance may be approved when the tank is enclosed, encased or otherwise protected against injury in an approved manner. Where deemed necessary by the Division of Fire to provide a means of guarding against leakage, tanks for such liquids shall be encircled by a line of open-jointed or perforated drainage tile laid in an approved manner in porous material at a level below the lowest adjoining tank, with inspection wells extending from the drainage tile to the grade level, where directed by the Division. Such inspection wells shall have tight-fitting, easily removable plugs or caps at the grade level.
   (f)   The distance between underground tanks shall be not less than two (2) feet.
   (g)   Tanks buried underground outside buildings shall have the top of the tank below the level of any piping to which the tanks may be connected and not less than three (3) feet below the surface of the ground, except that:
      (1)   In lieu of three (3) feet earth cover, tanks may be buried under twenty-four (24) inches of earth plus a slab of reinforced concrete not less than six (6) inches in thickness extending at least one (1) foot beyond the shell of the tank in all directions.
      (2)   When tanks are buried under driveways, the total coverage shall be not less than three (3) feet when the uppermost six (6) inches of such coverage is reinforced concrete extending at least one (1) foot beyond the shell of the tanks in all directions, and four (4) feet total coverage in other cases.
   (h)   Where a tank located outside of buildings cannot be entirely buried, it shall be covered over with earth to a depth of at least three (3) feet. Any sloped surfaces of earth cover shall not be steeper than the angle of repose of the cover material.
(Ord. No. 991-49. Passed 6-27-49, eff. 6-27-49)
§ 383.23 Installation of Underground Tanks
   (a)   Underground tanks shall be bedded in and surrounded by approved noncorrosive backfill, such as clean sand. Clay or cinder backfill shall not be used. Where concrete paving is the finished surface above a tank, such concrete shall be placed upon well tamped backfill. All underground tanks shall be so located and installed as not to endanger any foundation.
   (b)   No underground storage tank or piping thereto shall be backfilled or covered until it has been inspected and approved by an authorized representative of the Division of Fire. A request for inspection shall be made when the work is ready for inspection and such inspection shall be made within two (2) working days after receipt of such request by the Division.
   (c)   Where subsurface water conditions exist or are likely to develop, tanks shall be securely anchored or weighted to prevent floating.
   (d)   Piping to or from underground tanks shall be pitched to drain back to the tanks and all such piping installed outside buildings and carrying flammable liquid shall, unless otherwise specifically approved by the Fire Chief, be installed underground with sufficient cover for protection from damage.
(Ord. No. 991-49. Passed 6-27-49, eff. 6-27-49)
§ 383.24 Above-Ground Storage in Tanks of Class I, II or III Liquid
   (a)   The location of tanks for above-ground storage of flammable liquid shall conform to the following requirements:
      (1)   Minimum Distance to Common Property Lines. The distance from a tank to a common property line shall be not less than the diameter or height of the tank, whichever is greater, but shall not be less than the following distances. However, when adjoining premises are used for a similar purpose, the Fire Chief may permit storage arranged as permitted when such premises are in one (1) ownership.
 
Capacity of Tank (Gallons)
Minimum Distance to Common Property Line (Feet)
Up to 1,100
5
1,101 to 15,000
10
15,001 to 30,000
20
Over 30,000
30
 
      (2)   Minimum Distance to Building on Same Premises. The distance from a tank to a building on the same premises as the tank shall be not less than the diameter or height of the tank, whichever is greater; but shall in no case be less than twenty (20) feet or less than the height of the building, whichever is greater, when the building is used for the processing or manufacturing of flammable liquid or other highly flammable or explosive products; or less than ten (10) feet or one-half (1/2) the height of the building, whichever is greater, in other cases.
      (3)   Minimum Distance to Street, Alley or Other Public Thoroughfare. The distance from a tank to a street line, alley line or property line abutting a public thoroughfare, shall be such that the tank shall be distant from all premises on the opposite sides of such streets, alleys or public thoroughfares a distance equal to the diameter or height of the tank, whichever is greater; provided that no tank shall be less than ten (10) feet from a street line, alley line or property line abutting a public thoroughfare, or less than thirty (30) feet from premises on the opposite side of such street, alley or public thoroughfare.
      (4)   Minimum Distance to Railroad.
         A.   The distance from a tank to a railroad main track over which passenger trains or cars or through freight trains operate shall not be less than the distance to a common property line specified in subsection (a)(1) hereof.
         B.   The distance from a tank to the right-of-way of a railroad shall be not less than one-half (1/2) the diameter or height of the tank, whichever is greater, but shall be not less than ten (10) feet.
      (5)   Maximum Number of Tanks in One (1) Group or Battery. Not more than six (6) tanks shall be included in one (1) group or battery.
      (6)   Minimum Distance Between Tanks.
         A.   The grouping of tanks shall be such that each tank shall be accessible on at least one (1) side or end for fire fighting. The minimum clear ground level distance deemed to provide such accessibility shall be twenty (20) feet.
         B.   The minimum clear distance between separate groups or batteries of tanks shall be not less than twice the diameter or height, whichever is greater, of the largest tank abutting on such clear distance; except that when such required distance exceeds forty (40) feet the minimum clear distance shall not be required to be more than one and one-half (1-1/2) times the diameter or height, whichever is greater, of the largest tank abutting on such clear distance.
         C.   The minimum distance between adjacent tanks in the same group or battery with capacities not exceeding thirty thousand (30,000) gallon each shall be three (3) feet.
         D.   Except as permitted in subsection (a)(6)C. hereof, the minimum distance between adjacent tanks in the same group or battery of capacities up to five hundred thousand (500,000) gallons shall be one-half (1/2) the diameter or height of the larger tank, whichever is greater; and three-fourths (3/4) the diameter or height of the larger tank, whichever is greater, for tanks exceeding five hundred thousand (500,000) gallon capacity.
      (7)   Liquids Subject to Boil-Over. Tanks used for the storage of crude petroleum or other flammable liquid subject to boil-over, other than gathering tanks in oil fields, shall be located at distances twice those specified in subsections (a)(1) to (4) and (6) hereof, provided that such distance shall in no case be less than fifty (50) feet. Gathering tanks in oil fields shall be located, constructed, arranged and equipped in conformity with the rules therefor of the Board of Building Standards and Building Appeals.
   (b)   All above-ground tanks shall be set upon firm foundations and shall be effectively grounded. Telephone poles or other projections liable to act as lightning discharge points shall be kept as far as practicable from tanks. Steel reinforcing of reinforced concrete tanks shall be interconnected and grounded.
   (c)   Supports for outside above-ground tanks shall be of concrete, masonry or protected steel having a fire resistance rating of not less than three (3) hours. Material used for support or for fire protection shall be either weather resistant or shall be protected against damage by frost or weather action.
(Ord. No. 991-49. Passed 6-27-49, eff. 6-27-49)
§ 383.25 Fire Extinguishing Equipment for Above- Ground Storage Tanks
   Whenever the capacity of a tank or the aggregate capacity of tanks in one (1) location and in one (1) ownership exceeds one million (1,000,000) gallons, such tank or tanks shall be protected by approved fire extinguishing equipment utilizing foam or other approved extinguishing medium maintained on or adjacent to the premises by the owner of such tanks. An adequate supply of foam-producing material or other approved fire-extinguishing material, sufficient to extinguish a fire in the largest storage tank on the premises, shall be kept available on the premises at all times.
(Ord. No. 991-49. Passed 6-27-49, eff. 6-27-49)
§ 383.26 Dikes
   (a)   All above-ground storage tanks for flammable liquid which exceed two thousand (2,000) gallon individual or aggregate capacity shall be enclosed within liquid-tight dikes constructed of reinforced concrete, masonry or earth, except that dike walls shall not be required where the contour of the ground surface provides the approved equivalent thereof. Earthen dike walls shall have a flat section at the top not less than thirty-six (36) inches in width, and shall have slopes consistent with the angle of repose of the material of which they are constructed. Concrete or masonry dikes shall not be less than thirty (30) inches in height and earthen dikes shall not be less than three (3) feet in height. The height of the dike and the distance from the inner surface of the dike to the shell of the tank shall be such as to assure the scouring action of the wind and prevent the accumulation of combustible vapors within the dike. Where ground area permits, the maximum height of the dike walls shall be four (4) feet, and the maximum height under any conditions shall be six (6) feet.
   (b)   A dike surrounding a tank used for storing crude petroleum or other flammable liquid subject to boil-over shall have a capacity not less than one and one-half (1-1/2) times the capacity of the tank contained within the dike.
   (c)   Tanks containing flammable liquid subject to boil-over shall be separately and individually diked.
   (d)   When a dike surrounds a tank containing crude petroleum or other flammable liquid subject to boil-over it shall have, in addition to the required capacity, suitable copings or deflectors pointing inward constructed so as to minimize the effect of boil-over waves. Dikes surrounding large crude oil tanks shall not be less than fifty (50) feet from the shell of the tank surrounded.
   (e)   A dike surrounding tanks used for storing flammable liquids not subject to boil-over shall have a capacity equal to that of the largest tank contained within the dike plus ten percent (10%) of the aggregate capacity of all other tanks contained within the dike.
   (f)   Whenever tanks are interconnected within the diked area or so interconnected that they cannot be individually controlled and emptied from a safe location outside the diked area, such tanks shall be deemed to be one (1) tank in determining the required capacity of the dike.
   (g)   Up to, but not exceeding six (6) tanks containing flammable liquid not subject to boil-over may be contained within one (1) dike.
   (h)   Whenever outside above-ground tanks erected prior to June 27, 1949, do not fully conform to the provisions of this Fire Prevention Code governing material, construction and equipment of tanks, and such tanks are contained within one (1) dike, the Fire Chief may require that each tank within the diked area be isolated from every other tank within such diked area by division walls arranged to provide a separated space within the dike for each tank. Such division walls shall be approximately six (6) inches less in height than the enclosing dike wall. The location, arrangement and height of such division walls shall be as directed or approved by the Division of Fire.
   (i)   Dike walls and division walls shall have stairs for access to and egress from the diked areas.
   (j)   Where necessary for the removal of surface or ground water, diked areas shall have approved provisions for drainage. All drains located within a diked area which discharge directly or indirectly into the public sewer system or into natural watercourses shall have shut-off valves, normally kept closed, installed in the drainage piping at accessible locations outside the diked area.
   (k)   The surfaces within dikes and around dikes shall be kept free of all brush and debris.
(Ord. No. 991-49. Passed 6-27-49, eff. 6-27-49)
§ 383.27 Above-Ground Outdoor Storage of Flammable Liquids in Barrels, Drums or Other Containers
   (a)   Barrels, drums or other containers containing flammable liquid stored above-ground outdoors shall not be less than five (5) feet from a common property line, street line, alley line, property line abutting a public thoroughfare or railroad right-of-way; nor less than ten (10) feet from any building wall having a fire resistance rating of less than two (2) hours, nor less than ten (10) feet from any opening in the exterior wall of a building; provided that when such containers are arranged in piles, such distance shall in no case be less than twice the height of the pile. No such barrel, drum or other container shall be placed under any door, window or other opening in an exterior wall, and no barrels, drums or other containers shall be piled one on top of another without provisions for maintaining the piles in a stable condition by the use of pallets or other suitable supports. No open flame shall be permitted in any area where such barrels, drums or other containers of flammable liquid are stored, nor shall any means of access or egress be obstructed.
   (b)   Such barrels, drums or other containers shall be arranged in groups separated by aisles not less than twelve (12) feet wide. No group or pile of barrels or drums shall include more than three hundred twenty (320) barrels or drums of capacities of sixty (60) gallons each, or other containers aggregating more than seventeen thousand six hundred (17,600) gallons in capacity, and no pile shall be more than twelve (12) feet in height above grade level.
   (c)   Unless specifically approved by the Fire Chief, no container stored outdoors shall exceed sixty (60) gallon capacity, and all such containers shall be examined daily for signs of leakage. All leaking containers shall be immediately removed to a safe location and any flammable liquid that may have been discharged shall be removed or covered with sand or earth.
   (d)   Section 385.74(g) shall govern storage of empty barrels and drums.
(Ord. No. 991-49. Passed 6-27-49, eff. 6-27-49)
§ 383.28 Materials, Construction and Equipment of Storage Tanks and Containers
   (a)   The materials, construction and equipment of tanks and containers for storing or handling flammable liquid shall conform to the applicable provisions of statutes and rules or regulations promulgated by authority of statutes, the provisions of this Fire Prevention Code and accepted safe practice. When deemed necessary, the Board of Building Standards and Building Appeals may promulgate rules or regulations supplementary to this Code to further define accepted safe practice. In the absence of such rules or regulations, conformity with the requirements and recommendations of NFPA Standard No. 30 entitled “Flammable and Combustible liquids Code” for the materials, construction, connections, piping, venting and protection of tanks and containers for flammable liquids shall be accepted as conformity with accepted safe practice.
   (b)   When deemed necessary for safety to life or property, the Fire Chief may require compliance with any requirement or recommendation of NFPA Standard No. 30.
(Ord. No. 991-49. Passed 6-27-49, eff. 6-27-49)
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