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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)
(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)
(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.
(Ord. No. 2865-78. Passed 1-29-79, eff. 1-30-79)