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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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§ 383.32 Piping, Valves and Pumps
   (a)   Piping used for flammable liquid shall be suitable for the pressure to which it will be subjected. For working pressures in excess of one hundred (100) psi, approved heavy fittings shall be used.
   (b)   Before being placed in service, all piping shall be tested at a pressure not less than twice the pressure to which it will be subjected in use, and such tests shall be made in the presence of an authorized representative of the Division of Fire.
   (c)   Defective or leaking piping shall be made tight immediately or replaced.
   (d)   All piping shall be firmly supported. Outside exposed piping shall be protected against mechanical injury and shall be so located and arranged or diked that a break in the piping or leakage will be unlikely to result in flammable liquid flowing onto adjacent property, streets, alleys, thoroughfares, railroads, streams or into public sewers or against buildings.
   (e)   All piping and pumps shall be effectively grounded. All flanged gasketted connections which would otherwise prevent effective grounding of the pipe shall be jumpered and electrically bonded across the flange. The resistance to earth of any grounding connection shall not exceed five (5) ohms.
   (f)   Piping carrying flammable liquid with a flash point of one hundred degrees Fahrenheit (100°F) or less, unless without joints or connections, shall not extend through any room in which there is an open flame.
   (g)   The ends of filling pipes for underground or inside storage tanks for flammable liquid with a flash point of one hundred degrees Fahrenheit (100°F) or less shall be in approved locations outside of any building and not less than ten (10) feet from any entrance door or cellar opening, and shall be closed by a tight sealing cap.
   (h)   The terminals of vent pipes from tanks containing flammable liquid with a flash point of one hundred degrees Fahrenheit (100°F) or less shall be located outdoors above the liquid level of the highest reservoir from which the tank may be filled and not less than twelve (12) feet above grade level for outside underground tanks and not less than twelve (12) feet above the fill opening for other tanks, shall not discharge downward, and when deemed necessary by the Fire Chief, shall be equipped with approved flame arresters or with approved normally-closed vacuum and pressure relief devices.
   (i)   The terminals of vent pipes from tanks containing flammable liquid with a flash point over one hundred degrees Fahrenheit (100°F) shall be located in a safe location above the liquid level of the highest reservoir from which the tank may be filled, and may be equipped with a return bend or approved weather cap or flame arrester. Unless otherwise specifically approved by the Chief, such vent terminal shall be located outdoors.
   (j)   All vent pipe terminals located outdoors shall be not less than six (6) feet from and not directly below any door, window or other opening in the exterior wall of a building and shall not be located where flammable vapor may be trapped under eaves or other projections.
   (k)   Deliveries of flammable liquid of Class I or Class II, wherever practical, shall be made directly to the storage tank through the filling pipe by means of a hose or pipe between the filling pipe and the barrel, tank truck or tank car from which such liquid is drawn.
   (l)   Except as permitted in subsection (n) hereof, or by special ruling of the Chief, flammable liquid shall be drawn for discharge from tanks only by means of approved pumps so constructed as to prevent leaking or splashing, with controlling apparatus and piping so arranged as to allow control of the amount of discharge and prevent leakage. When inside a building, the pump or other approved drawing-off device for Class I or II liquid shall, wherever practicable, be above the grade level, and preferably near an entrance or other source of positive ventilation.
   (m)   Except as permitted in subsection (n) hereof, no tank, drum or other container inside a building, or discharging inside a building, shall be provided with a faucet or other bottom-drawing device which will permit the gravity flow of liquid inside the building, and the discharge pipes shall not terminate at a point lower than the level of the source of supply.
   (n)   In specific instances, where deemed necessary for the manufacturing process, the Chief may approve the gravity discharge of flammable liquid in refineries and in manufacturing or jobbing plants when adequate and approved safeguards are provided. In any plant, when approved safeguards are provided, the Chief may also approve the gravity discharge of Class II or Class III liquid of a nature which does not permit pumping.
   (o)   Where gravity discharge of Class I liquid from tanks or containers located within a building is permitted, the contents of such tanks or containers shall be sufficient only for one (1) day’s operations. Such tanks or containers shall be stored and drawn from in a room conforming to the applicable provisions of Section 3129.43(c). However, the limitations and restrictions of this subsection (o) shall not apply in a building adequately isolated from adjacent buildings and occupied by only one (1) tenant, and used for manufacturing or processing flammable liquid.
   (p)   All drawing-off pipes from underground tanks and from outside above-ground tanks terminating inside of any building shall have valves at the discharge end, and a second valve located at a suitable remote point in the line for use in an emergency.
   (q)   Where tanks are above ground there shall be a valve located near the tank in each pipe. In case two (2) or more tanks are cross-connected there shall be a valve near each tank in each cross-connection.
   (r)   Except where specifically permitted and approved by the Chief, tanks containing flammable liquids of different classifications shall not be interconnected, or connected into a common header.
   (s)   At each pipeline connected below the liquid level to an above-ground storage tank for flammable liquid there shall be, in addition to the valves required by subsection (q) hereof, an emergency internal check valve installed on the inside of the tank and operable both manually and by an effective heat releasing device which will automatically prevent the flow of liquid from the tank in the event of fire even when pipe lines are broken from the tank. However, the Chief may permit the omission of such valves on tanks at refineries, on tanks equipped with an approved swing line, tanks where the transfer of products between tanks in the event of fire is practical and tanks where such valves would interfere with operation of the planned emergency procedure approved by the Chief.
   (t)   Whenever practicable, all valves on or adjacent to tanks for flammable liquid and located below the normal liquid level in the tank shall be of steel. Whenever steel valves cannot be used because of the character of the flammable liquid, valves which have less resistance to fire than steel valves shall be insulated and protected against fire as directed or approved by the Division.
   (u)   All gate valves on or adjacent to tanks used to control the flow of liquid to or from tanks shall be of the outside-screw-and-yoke type.
   (v)   Pumps delivering to or taking supply from above-ground storage tanks shall be provided with valves on both suction and discharge of pump, and when delivering to tanks, a check valve to prevent backflow of liquid. No internal combustion engines, and no electric motors except approved explosion-proof motors, shall be placed beneath tanks or elsewhere within the line of vapor travel.
   (w)   Compressed air or gas shall only be used for transporting flammable liquid when suitable approved safeguards are provided and then only when specifically approved by the Chief.
(Ord. No. 991-49. Passed 6-27-49, eff. 6-27-49)
§ 383.33 Marking and Labeling Storage Areas
   All rooms or other spaces and all tanks or containers used for storing flammable liquid shall be suitably marked with a warning sign when and as directed by the Division of Fire.
(Ord. No. 991-49. Passed 6-27-49, eff. 6-27-49)
§ 383.34 Yard Hydrant Systems
   Yard hydrant systems shall be provided where and as required by Section 389.20.
(Ord. No. 991-49. Passed 6-27-49, eff. 6-27-49)
§ 383.35 Storage of Flammable Liquids Subject to Drug Abuse
   (a)   Definitions. For purposes of this section, certain forms are defined as follows:
      (1)   “Storage” for the purposes of this section means the regular storage of flammable liquids in containers in excess of fifty-five (55) gallon capacity which are equipped, intended or used for stationary storage.
      (2)   “Police Chief” means the Police Chief or any designated representative of the Chief.
      (3)   “Person” means any natural person or business entity.
      (4)   “Commercial storage” means storage in fifty-five (55) gallon steel containers or containers of size and construction that are standard for the industry.
   (b)   Upon receipt of information as set forth in Section 383.02, the Police Chief or his or her designated representative shall take whatever action he or she deems reasonably necessary to protect the health, safety and welfare of the populace including but not limited to promulgating the following orders in writing to the person or persons in control of such storage tank to prevent the abuse of the liquid:
      (1)   Requiring underground storage of such containers;
      (2)   Requiring locking mechanisms on such containers;
      (3)   Requiring security for the storage of such substance which may include guards, dogs, sensing cables, motion detection systems, photoelectric beams, or contacts on access gates;
      (4)   Requiring the erection of an adequate fence and installation of gate locking mechanisms;
      (5)   Requiring the outlet for an outdoor storage tank to be placed inside a building meeting the requirements of the Building Code.
   (c)   Notice of an order of the Chief shall be sent by certified mail return receipt requested, and shall notify the addressee of his or her rights to appeal to the Board of Building Standards and the time within which such appeal must be filed.
   (d)   In issuing a permit pursuant to Section 383.04, the Fire Chief shall review the storage of any liquid subject to drug abuse prior to the issuance of a permit and shall order a person applying for a permit to meet any requirement necessary to prevent drug abuse of the liquid prior to issuing a permit.
   (e)   The Fire Chief may revoke the permit of any person who fails to comply with an order issued pursuant to this section.
(Ord. No. 2865-78. Passed 1-29-79, eff. 1-30-79)
§ 383.36 Appeal
   (a)   Any person adversely affected by any order, requirement, decision or determination by the Fire Chief, Police Chief or their designated representatives with respect to the storage of flammable liquids subject to drug abuse may appeal to the Board of Building Standards and Building Appeals pursuant to Charter Section 76-6. An appeal shall stay the action appealed. The Board shall commence to hear the merits of an appeal within fifteen (15) days after the filing of such appeal or at the next scheduled meeting closest in time thereto in the office of the Board. Thereafter, the Board shall hear the final arguments and shall reach a decision on such appeal without unreasonable or unnecessary delay.
   (b)   Any person, property owner, or member of the general public shall be permitted by the Board to intervene when such intervention is timely and the person, property owner, or member of the general public claims an interest relating to the matter and/or the person is so situated that the disposition of the matter by the Board may impair or impede his or her ability to protect an interest. For the purpose of this subsection “timely” means prior to the commencement of a hearing by the Board on the merits of the appeal before the Board.
   (c)   Any appeal from an order, requirement, decision or determination of the Chief must be filed with the Board within fifteen (15) days after dispatch of notice of the action of the Chief.
   (d)   The Chief shall be a party to all appeals brought under this Code and shall be required to file a statement for the basis of the order appealed with the Board within seven (7) days of receipt of the notice of appeal. The statement shall contain facts and findings upon which the Chief promulgated the order appealed. The Board may also require any other party or intervenor to file a summary of his or her position prior to the hearing. The Board shall cause notice of any hearing on an appeal to be published in the City Record.
   (e)   In the event that any term or provision of Sections 383.02, 383.35 and 383.36, with respect to flammable liquids subject to drug abuse is held invalid, illegal or unenforceable in any respect, such illegality or unenforceability shall not affect any other term or provision thereof.
(Ord. No. 2865-78. Passed 1-29-79, eff. 1-30-79)