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Montgomery County Overview
Montgomery County Code
Preliminary Information
Preface
Part I. The Charter. [Note]
Part II. Local Laws, Ordinances, Resolutions, Etc.
Chapter 1. General Provisions.
Chapter 1A. Structure of County Government.
Chapter 2. Administration. [Note]
Chapter 2A. Administrative Procedures Act. [Note]
Chapter 2B. AGRICULTURAL LAND PRESERVATION.*
Chapter 3. Air Quality Control. [Note]
Chapter 3A. Alarms. [Note]
Chapter 4. Amusements. [Note]
Chapter 5. Animal Control. [Note]
Chapter 5A. Arts and Humanities. [Note]
Chapter 6. Auction Sales.
Chapter 6A. Beverage Containers. [Note]
Chapter 7. Bicycles. [Note]
Chapter 7A. Off-the-road Vehicles
Chapter 8. Buildings. [Note]
Chapter 8A. Cable Communications. [Note]
Chapter 9. Reserved.*
Chapter 9A. Reserved. [Note]
Chapter 10. Reserved.*
Chapter 10A. Child Care.
Chapter 10B. Common Ownership Communities. [Note]
Chapter 11. Consumer Protection. [Note]
Chapter 11A. Condominiums. [Note]
Chapter 11B. Contracts and Procurement. [Note]
Chapter 11C. Cooperative Housing. [Note]
Chapter 12. Courts. [Note]
Chapter 13. Detention Centers and Rehabilitation Facilities. [Note]
Chapter 13A. Reserved*.
Chapter 14. Development Districts.
Chapter 15. Eating and Drinking Establishments. [Note]
Chapter 15A. ECONOMIC DEVELOPMENT.*
Chapter 16. Elections. [Note]
Chapter 17. Electricity. [Note]
Chapter 18. Elm Disease. [Note]
Chapter 18A. ENVIRONMENTAL SUSTAINABILITY [Note]
Chapter 19. EROSION, SEDIMENT CONTROL AND STORMWATER MANAGEMENT. [Note]
Chapter 19A. Ethics. [Note]
Chapter 20. Finance. [Note]
Chapter 20A. Special Obligation Debt.
Chapter 21. Fire and Rescue Services.*
Chapter 22. Fire Safety Code. [Note]
Sec. 22-1. Short title.
Sec. 22-2. Purpose; intent.
Sec. 22-3. Construction and scope of chapter.
Sec. 22-4. Application of building code.
Sec. 22-4A. Certification procedure.
Sec. 22-5. Definitions.
Sec. 22-6. Administration.
Sec. 22-7. Right of entry.
Sec. 22-8. Report of fire and rescue incident.
Sec. 22-9. Investigation of fires.
Sec. 22-10. Permits and certificates.
Sec. 22-11. Failure to obtain permit, approval or certificate.
Sec. 22-12. Operation under expired, suspended or revoked permits.
Sec. 22-13. Regulations.
Sec. 22-14. National standards.
Sec. 22-15. Special hazards.
Sec. 22-15A. Compilation of requirements.
Sec. 22-16. Order to eliminate dangerous or hazardous conditions generally.
Sec. 22-17. Service of orders and notices.
Sec. 22-18. Compliance.
Sec. 22-19. General authority to combat fires and related emergencies and conduct rescue operations; interfering with fire department.
Sec. 22-20. Evacuation of persons.
Sec. 22-21. Appeals.
Sec. 22-22. Penalties and other remedies for violations.
Sec. 22-23. Inspection.
Sec. 22-24. Damage or injury liability.
Sec. 22-25. Inspection and tests of suppression systems, etc.
Sec. 22-26. Maintenance of fire safety equipment.
Sec. 22-27. Approval of fire detection systems and devices.
Sec. 22-28. Protection of hood and duct ventilation systems and related commercial cooking appliances.
Sec. 22-29. Water supply and fire hydrants generally.
Sec. 22-30. Obstructing fire hydrants or fire department connections.
Sec. 22-31. Fire hydrant maintenance.
Sec. 22-32. Required access for fire apparatus.
Sec. 22-33. Fire lanes.
Sec. 22-34. Tampering with fire safety equipment.
Sec. 22-35. Portable fire extinguishers generally.
Sec. 22-36. Sale of unapproved portable fire extinguishers prohibited.
Sec. 22-37. Regulating fire extinguisher service.
Sec. 22-38. Servicing of portable fire extinguishers generally.
Sec. 22-39. Rules and regulations for servicing portable fire extinguishers.
Sec. 22-40. Exits and means of egress in buildings generally.
Sec. 22-41. Places of assembly.
Sec. 22-42. Tents and air supported structures.
Sec. 22-43. Permits required.
Sec. 22-44. Flammable liquids generally.
Sec. 22-45. Aboveground tank storage of flammable liquids.
Sec. 22-46. Abandonment of tanks of flammable or combustible liquids.
Sec. 22-47. Garages.
Sec. 22-48. Service stations.
Sec. 22-49. Bowling alleys.
Sec. 22-50. Application of flammable finishes.
Sec. 22-51. Flammable liquids transportation.
Sec. 22-52. Use of certain gasoline stoves.
Sec. 22-53. Gasoline torches and plumbers’ furnaces maintenance and use.
Sec. 22-54. Liquefied petroleum gases.
Sec. 22-55. Anesthetics and medical gases in hospitals and similar occupancies.
Sec. 22-56. Gas shut offs.
Sec. 22-57. Cutting and welding.
Sec. 22-58. Home use of inhalation therapy.
Sec. 22-59. Pyroxylin plastics (cellulose nitrate).
Sec. 22-60. Matches.
Sec. 22-61. Scrap, waste and junkyards and collection stations.
Sec. 22-62. Storage and handling of combustible fibres.
Sec. 22-63. Tire rebuilding plants.
Sec. 22-64. Lumber yards and woodworking plants.
Sec. 22-65. Hazardous chemicals generally.
Sec. 22-66. Hazardous chemicals in low hazard occupancies.
Sec. 22-67. Hazardous gas in balloons.
Sec. 22-68. Compressed gases generally.
Sec. 22-69. Fumigation.
Sec. 22-70. Fireworks.
Sec. 22-71. Explosives and blasting agents generally.
Sec. 22-72. Model rocketry.
Sec. 22-73. False alarms; injuring fire alarm system.
Sec. 22-74. Fire safety instructions.
Sec. 22-75. Procedures in case of fire.
Sec. 22-76. Warning notice in elevators.
Sec. 22-77. Shaftways to be marked.
Sec. 22-78. Vacant lots and parcels of land.
Sec. 22-79. Dangerous buildings.
Sec. 22-80. Combustible waste and refuse.
Sec. 22-81. Use of certain cooking equipment adjacent to multi-family dwellings.
Sec. 22-82. Use of charcoal burning equipment in buildings, etc.
Sec. 22-83. Use of portable heaters.
Sec. 22-84. Use of torches for removing paint and sweating pipe joints.
Sec. 22-85. Smoking generally.
Sec. 22-86. Hot ashes and other dangerous materials.
Sec. 22-87. Chimneys, heating appliances, etc., to be maintained in safe condition.
Sec. 22-88. Open fires generally.
Sec. 22-89. Decorative materials generally.
Sec. 22-90. Electrical wiring.
Sec. 22-91. Electrical products.
Sec. 22-92. Access to utilities.
Sec. 22-93. Mobile home parks.
Sec. 22-94. Construction and demolition.
Sec. 22-95. Control of materials.
Sec. 22-96. Smoke detectors.
Sec. 22-97. Address numbers.
Sec. 22-98. Roof materials.
Chapter 22A. Forest Conservation - Trees. [Note]
Chapter 23. RESERVED*
Chapter 23A. Group Homes. [Note]
Chapter 23B. Financial Assistance to Nonprofit Service Organizations. [Note]
Chapter 24. Health and Sanitation.
Chapter 24A. Historic Resources Preservation. [Note]
Chapter 24B. Homeowners' Associations. [Note]
Chapter 25. Hospitals, Sanitariums, Nursing and Care Homes. [Note]
Chapter 25A. Housing, Moderately Priced. [Note]
Chapter 25B. Housing Policy. [Note]
Chapter 26. Housing and Building Maintenance Standards.*
Chapter 27. Human Rights and Civil Liberties.
Chapter 27A. Individual Water Supply and Sewage Disposal Facilities. [Note]
Chapter 28. RESERVED.* [Note]
Chapter 29. Landlord-Tenant Relations. [Note]
Chapter 29A. Legislative Oversight.
Chapter 30. Licensing and Regulations Generally. [Note]
Chapter 30A. Montgomery County Municipal Revenue Program. [Note]
Chapter 30B. RESERVED*
Chapter 30C. Motor Vehicle Towing and Immobilization on Private Property. [Note]
Chapter 31. Motor Vehicles and Traffic.
Chapter 31A. Motor Vehicle Repair and Towing Registration. [Note]
Chapter 31B. Noise Control. [Note]
Chapter 31C. NEW HOME BUILDER AND SELLER REGISTRATION AND WARRANTY. [Note]
Chapter 32. Offenses-Victim Advocate. [Note]
Chapter 33. Personnel and Human Resources. [Note]
Chapter 33A. Planning Procedures. [Note]
Chapter 33B. Pesticides. [Note]
Chapter 34. Plumbing and Gas Fitting. [Note]
Chapter 35. Police. [Note]
Chapter 36. Pond Safety. [Note]
Chapter 36A. Public Service Company Underground Facilities.
Chapter 37. Public Welfare. [Note]
Chapter 38. Quarries. [Note]
Chapter 38A. Radio, Television and Electrical Appliance Installation and Repairs. [Note]
Chapter 39. Rat Control. [Note]
Chapter 40. Real Property. [Note]
Chapter 41. Recreation and Recreation Facilities. [Note]
Chapter 41A. Rental Assistance. [Note]
Chapter 42. Revenue Authority. [Note]
Chapter 42A. Ridesharing and Transportation Management. [Note]
Chapter 43. Reserved.*
Chapter 44. Schools and Camps. [Note]
Chapter 44A. Secondhand Personal Property. [Note]
Chapter 45. Sewers, Sewage Disposal and Drainage. [Note]
Chapter 46. Slaughterhouses.
Chapter 47. Vendors.
Chapter 48. Solid Waste (Trash). [Note]
Chapter 49. Streets and Roads.*
Chapter 49A. Reserved.*
Chapter 50. Subdivision of Land. [Note]
Chapter 51. Swimming Pools. [Note]
Chapter 51A. Tanning Facilities. [Note]
Chapter 52. Taxation.* [Note]
Chapter 53. TAXICABS.*
Chapter 53A. Tenant Displacement. [Note]
Chapter 54. Transient Lodging Facilities. [Note]
Chapter 54A. Transit Facilities. [Note]
Chapter 55. TREE CANOPY. [Note]
Chapter 56. Urban Renewal and Community Development. [Note]
Chapter 56A. Video Games. [Note]
Chapter 57. Weapons.
Chapter 58. Weeds. [Note]
Chapter 59. Zoning.
Part III. Special Taxing Area Laws. [Note]
Appendix
Montgomery County Zoning Ordinance (2014)
COMCOR - Code of Montgomery County Regulations
COMCOR Code of Montgomery County Regulations
FORWARD
CHAPTER 1. GENERAL PROVISIONS - REGULATIONS
CHAPTER 1A. STRUCTURE OF COUNTY GOVERNMENT - REGULATIONS
CHAPTER 2. ADMINISTRATION - REGULATIONS
CHAPTER 2B. AGRICULTURAL LAND PRESERVATION - REGULATIONS
CHAPTER 3. AIR QUALITY CONTROL - REGULATIONS
CHAPTER 3A. ALARMS - REGULATIONS
CHAPTER 5. ANIMAL CONTROL - REGULATIONS
CHAPTER 8. BUILDINGS - REGULATIONS
CHAPTER 8A. CABLE COMMUNICATIONS - REGULATIONS
CHAPTER 10B. COMMON OWNERSHIP COMMUNITIES - REGULATIONS
CHAPTER 11. CONSUMER PROTECTION - REGULATIONS
CHAPTER 11A. CONDOMINIUMS - REGULATIONS
CHAPTER 11B. CONTRACTS AND PROCUREMENT - REGULATIONS
CHAPTER 13. DETENTION CENTERS AND REHABILITATION FACILITIES - REGULATIONS
CHAPTER 15. EATING AND DRINKING ESTABLISHMENTS - REGULATIONS
CHAPTER 16. ELECTIONS - REGULATIONS
CHAPTER 17. ELECTRICITY - REGULATIONS
CHAPTER 18A. ENERGY POLICY - REGULATIONS
CHAPTER 19. EROSION, SEDIMENT CONTROL AND STORMWATER MANAGEMENT - REGULATIONS
CHAPTER 19A. ETHICS - REGULATIONS
CHAPTER 20 FINANCE - REGULATIONS
CHAPTER 21 FIRE AND RESCUE SERVICES - REGULATIONS
CHAPTER 22. FIRE SAFETY CODE - REGULATIONS
CHAPTER 22A. FOREST CONSERVATION - TREES - REGULATIONS
CHAPTER 23A. GROUP HOMES - REGULATIONS
CHAPTER 24. HEALTH AND SANITATION - REGULATIONS
CHAPTER 24A. HISTORIC RESOURCES PRESERVATION - REGULATIONS
CHAPTER 24B. HOMEOWNERS’ ASSOCIATIONS - REGULATIONS
CHAPTER 25. HOSPITALS, SANITARIUMS, NURSING AND CARE HOMES - REGULATIONS
CHAPTER 25A. HOUSING, MODERATELY PRICED - REGULATIONS
CHAPTER 25B. HOUSING POLICY - REGULATIONS
CHAPTER 26. HOUSING AND BUILDING MAINTENANCE STANDARDS - REGULATIONS
CHAPTER 27. HUMAN RIGHTS AND CIVIL LIBERTIES - REGULATIONS
CHAPTER 27A. INDIVIDUAL WATER SUPPLY AND SEWAGE DISPOSAL FACILITIES - REGULATIONS
CHAPTER 29. LANDLORD-TENANT RELATIONS - REGULATIONS
CHAPTER 30. LICENSING AND REGULATIONS GENERALLY - REGULATIONS
CHAPTER 30C. MOTOR VEHICLE TOWING AND IMMOBILIZATION ON PRIVATE PROPERTY - REGULATIONS
CHAPTER 31. MOTOR VEHICLES AND TRAFFIC - REGULATIONS
CHAPTER 31A. MOTOR VEHICLE REPAIR AND TOWING REGISTRATION - REGULATIONS
CHAPTER 31B. NOISE CONTROL - REGULATIONS
CHAPTER 31C. NEW HOME BUILDER AND SELLER REGISTRATION AND WARRANTY - REGULATIONS
CHAPTER 33. PERSONNEL AND HUMAN RESOURCES - REGULATIONS
CHAPTER 33B. PESTICIDES - REGULATIONS
CHAPTER 35. POLICE - REGULATIONS
CHAPTER 36. POND SAFETY - REGULATIONS
CHAPTER 38A. RADIO, TELEVISION AND ELECTRICAL APPLIANCE INSTALLATION AND REPAIRS - REGULATIONS
CHAPTER 40. REAL PROPERTY - REGULATIONS
CHAPTER 41. RECREATION AND RECREATION FACILITIES - REGULATIONS
CHAPTER 41A. RENTAL ASSISTANCE - REGULATIONS
CHAPTER 42A. RIDESHARING AND TRANSPORTATION MANAGEMENT - REGULATIONS
CHAPTER 44. SCHOOLS AND CAMPS - REGULATIONS
CHAPTER 44A. SECONDHAND PERSONAL PROPERTY - REGULATIONS
CHAPTER 45. SEWERS, SEWAGE DISPOSAL AND DRAINAGE - REGULATIONS
CHAPTER 47. VENDORS - REGULATIONS
CHAPTER 48. SOLID WASTES - REGULATIONS
CHAPTER 49. STREETS AND ROADS - REGULATIONS
CHAPTER 50. SUBDIVISION OF LAND - REGULATIONS
CHAPTER 51 SWIMMING POOLS - REGULATIONS
CHAPTER 51A. TANNING FACILITIES - REGULATIONS
CHAPTER 52. TAXATION - REGULATIONS
CHAPTER 53. TAXICABS - REGULATIONS
CHAPTER 53A. TENANT DISPLACEMENT - REGULATIONS
CHAPTER 54. TRANSIENT LODGING FACILITIES - REGULATIONS
CHAPTER 55. TREE CANOPY - REGULATIONS
CHAPTER 56. URBAN RENEWAL AND COMMUNITY DEVELOPMENT - REGULATIONS
CHAPTER 56A. VIDEO GAMES - REGULATIONS
CHAPTER 57. WEAPONS - REGULATIONS
CHAPTER 59. ZONING - REGULATIONS
CHAPTER 60. SILVER SPRING, BETHESDA, WHEATON AND MONTGOMERY HILLS PARKING LOT DISTRICTS - REGULATIONS
MISCELLANEOUS MONTGOMERY COUNTY REGULATIONS
TABLE 1 Previous COMCOR Number to Current COMCOR Number
TABLE 2 Executive Regulation Number to Current COMCOR Number
TABLE 3 Executive Order Number to Current COMCOR Number
INDEX BY AGENCY
INDEX BY SUBJECT
County Attorney Opinions and Advice of Counsel
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Sec. 22-43. Permits required.
   (a)   A permit shall be obtained from the Director for any of the following:
      (1)   To install, remove, repair or alter in any way a stationary tank for the storage of flammable or combustible liquids, or to modify, and/or replace any line or dispensing device connected thereto.
      (2)   For the storage, handling or use of class I liquids in excess of one (1) gallon in a dwelling or other place of human habitation; or in excess of five (5) gallons in any other building or other occupancy; or in excess of ten (10) gallons outside of any building; except, that no permit shall be required for the following:
         i.   Flammable or combustible liquids in the fuel tank of a motor vehicle, aircraft, boat or portable or stationary engine;
         ii.   Flammable or combustible paints, oils, varnishes and similar mixtures used for painting or maintenance when not kept for a period in excess of thirty (30) days;
         iii.   Beverages when packaged in individual containers not exceeding one (1) gallon in size.
      (3)   Storage, handling or use of class II or class III combustible liquids in excess of twenty-five (25) gallons in a building; or in excess of sixty (60) gallons outside of a building; except, that no permit shall be required for the following:
         i.   Combustible liquids in the fuel tank of a motor vehicle, aircraft, boat or portable or stationary engine;
         ii.   Beverages when packaged in individual containers not exceeding one (1) gallon in size;
         iii.   Fuel oil in tanks connected to oil burning equipment used for heating a building or structure.
      (4)   For the manufacture, processing, blending or refining of flammable or combustible liquids.
      (5)   For the storage of flammable or combustible liquids in stationary tanks.
      (6)   For placing any flammable or combustible liquid stationary tank temporary or permanently out of service (see section 22-46).
   (b)   No person shall sell, deliver, or cause to be delivered, any commodity to any person not in possession of a valid permit when such permit is required by the provisions of this section. (1975 L.M.C., ch. 23, § 1.)
Sec. 22-44. Flammable liquids generally.
   (a)   Generally. Except where more specific requirements are found elsewhere in this chapter the use, storage and handling of flammable and combustible liquids shall be in accordance with National Fire Protection Association Flammable and Combustible Liquids Code, NFPA #30.
   (b)   Storage of class I liquids. The storage in excess of five (5) gallons of class I liquids shall be prohibited in all dwellings, dwelling units, apartment houses, hotels and other residential occupancies.
   (c)   Operation of gasoline power equipment in certain structures. It shall be unlawful to store any motor vehicle or any other gasoline powered equipment in any multi-family, hotel, motel, office, educational or institutional occupancy or any balcony attached thereto except as follows:
      (1)   In a garage construction in accordance with the provisions of the local building code.
      (2)   A storage room, not containing other combustible materials, separated from other parts of the building by construction having a fire resistance rating of at least one (1) hour and communicating openings protected by approved self-closing fire doors and equipped with automatic fire suppression system.
   (d)   Testing underground installations. Before being covered or placed in use, tanks and piping connected to underground tanks must be tested for tightness in the presence of the fire official. No portion of the system may be covered, filled with product or used until it has been approved by the department of Permitting Services. Test procedures must be specified by the Director. (1975 L.M.C., ch. 23, § 1; 2016 L.M.C., ch. 30, §1.)
Sec. 22-45. Aboveground tank storage of flammable liquids.
   (a)   Generally. Aboveground storage tanks for the storage of class I flammable and class II liquids shall be prohibited except as provided for in subsections (b), (c) and (d) of this section.
   (b)   Existing tanks. Existing aboveground tanks approved by the fire marshal prior to April 28, 1959, may be continued provided the installation does not constitute a hazard. The Director shall periodically inspect the installation for safety, and if he determines the installation or operation is no longer conducted or maintained in a safe manner, he shall have authority to require their removal or replacement with underground tanks.
   (c)   Agricultural storage. On farms portable tanks not exceeding six hundred sixty (660) gallons of class I liquid are hereby permitted, if stored fifty (50) feet or more away from buildings and adjoining property lines.
   (d)   Temporary use of portable tanks. The provisions of subsection (a) of this section do not prohibit the temporary use of portable tanks less than six hundred sixty (660) gallons capacity in conjunction with the dispensing of flammable or combustible liquids into the fuel tanks of motor vehicles or other motorized equipment on premises not normally accessible to the public. Such installation must only be made under permit from the department of Permitting Services. The permit must include a definite time limit, not to exceed six (6) months.
   (e)   Outside tanks supplying oil burning equipment. Outside aboveground tanks not exceeding five-hundred-fifty-gallon capacity may be used to supply oil burning equipment in one- or two-family detached dwelling.
   (f)   Bulk storage. Aboveground tanks for bulk storage of class II combustible liquids may be established in noncongested areas when the Director finds that installation will not adversely affect the safety of surrounding property. These installations shall be equipped with fixed fire suppression systems and such other safeguards as may be deemed necessary by the Director. (1975 L.M.C., ch. 23, § 1; 2016 L.M.C., ch. 30, §1.)
Sec. 22-46. Abandonment of tanks of flammable or combustible liquids.
   (a)   Permit required. A permit must be obtained from the department of Permitting Services to remove, abandon, place temporarily out of service or otherwise dispose of any flammable or combustible liquid tank.
   (b)   Procedures. The procedures outlined in appendix C of the Flammable and Combustible Liquids Code, NFPA #30, shall be followed when tanks are placed temporarily out of service, abandoned or removed.
   (c)   Exposed piping. Whenever a tank is removed all exposed or aboveground fill inlets and vent pipes shall be removed unless such fill or vent pipes are to be immediately connected to another tank. (1975 L.M.C., ch. 23, § 1; 2016 L.M.C., ch. 30, §1.)
Sec. 22-47. Garages.
   (a)   Generally. Garages shall conform to all other applicable requirements of this code as well as the following provisions.
   (b)   Permit required. No person shall use any building, shed or enclosure as a place of business for the purpose of repairing any motor vehicle therein, without a permit from the Director.
   (c)   Dispensing of class I liquids into motor vehicles. Class I flammable liquids shall not be dispensed into the fuel tank of motor vehicles when the vehicle is located inside the building.
   (d)   Applicability of section to incidental uses. The provisions of this section shall apply to repair garages which are used incidental to another business.
   (e)   Applicability of section to off-road equipment. The provisions of this section shall apply to the repair of off-the-road type self-propelled equipment not classified as motor vehicles including but not limited to earth movers, tractors, cranes, mowers, snowmobiles, trenching machines and recreational vehicles.
   (f)   Maintenance and operation standards. All garages regulated by this section shall be maintained and operated in accordance with National Fire Protection Association Standard for Repair Garages, NFPA #88-B.
   (g)   Repair of non-self-propelled equipment. Repair of lawn mowers, outboard motors, chain saws, generators, pumps and other non-self-propelled equipment powered by internal- combustion engines shall be conducted in facilities that comply with the construction, ventilation, electrical and heating requirements for service stations. (1975 L.M.C., ch. 23, § 1.)
Sec. 22-48. Service stations.
   All servicing facilities where fuel is dispensed from fixed or temporary tanks or tank vehicles into the fuel tanks of motor vehicles or other equipment shall be designed, constructed, maintained and operated in accordance with the provisions of this code and chapter 7 of the Flammable and Combustible Liquids Code, NFPA #30. (1975 L.M.C., ch. 23, § 1.)
Sec. 22-49. Bowling alleys.
   (a)   Bowling alleys shall conform to all other applicable requirements of the code, as well as the following provisions.
   (b)   No person shall conduct bowling alley resurfacing and refinishing operations involving the use and application of flammable liquids or materials without a permit from the Director.
   (c)   Resurfacing and refinishing operations shall not be carried on while the establishment is open for business. Approved ventilation shall be provided. Heating, ventilating or cooling systems employing recirculation of air shall not be operated during resurfacing and refinishing operations or within one (1) hour following the application of flammable finishes. All electric motors or other equipment in the area which might be a source of ignition shall be shut down, and all smoking and use of open flames prohibited during the application of flammable finishes and for one (1) hour thereafter.
   (d)   The refinishing of pins is prohibited in bowling alleys. (1975 L.M.C., ch. 23, § 1.)
Sec. 22-50. Application of flammable finishes.
   (a)   Permit required. A permit must be obtained from the department of Permitting Services for spraying or dipping operations utilizing more than one (1) gallon of flammable or combustible liquids on any working day for the following activities:
      (1)   The application of flammable or combustible paint, varnish, lacquer, stain or other flammable or combustible liquid applied as spray by compressed air, “airless” or “hydraulic atomization,” or by steam, or electrostatic methods or by any other means in continuous or intermittent processes; and
      (2)   Dip tank operations in which articles or materials are passed through contents of tanks, vats or containers of flammable or combustible liquids, including coating, finishing, treatment and similar processes; and
      (3)   The application of combustible powders when applied by powder spray guns, electrostatic powder spray guns, fluidized beds or electrostatic fluidized beds.
   (b)   Standards. The provisions of the Standard for Spray Application Using Flammable and Combustible Materials, NFPA #33, and the Standard for Dip Tanks Containing Flammable or Combustible Liquids, NFPA #34, shall apply to all operations for the application of flammable finishes covered within the scope of this section.
   (c)   Smoking. It shall be unlawful to smoke in any spray finishing or coating areas and in the vicinity of dip tanks. “No Smoking” signs with lettering of approved size shall be conspicuously posted in such areas. (1975 L.M.C., ch. 23, § 1; 2016 L.M.C., ch. 30, §1.)
Sec. 22-51. Flammable liquids transportation.
   (a)   Tank vehicles. Any vehicle used to transport flammable and combustible liquids in a container that exceeds one hundred ten (110) gallons capacity shall be designed, constructed and operated in accordance with National Fire Protection Association
   Recommended Regulatory Standard for Tank Vehicles for Flammable and Combustible Liquids, NFPA #385.
   (b)   Portable containers. No vehicle shall be used to transport more than one hundred ten (110) gallons of flammable liquids in portable containers unless such flammable liquids are in their original department of transportation approved shipping containers.
   (c)   Parking and garaging. No tank vehicle shall be left unattended on any street, highway, avenue or alley; provided, that this shall not prevent a driver from the necessary absence from the truck in connection with the delivery of his load; except, that during actual discharge of the liquid some responsible person shall be present at the vehicle.
      (1)   This section shall not prevent stops for meals during the day or night if the street is well lighted at the point of parking.
      (2)   Tank vehicles containing flammable liquids shall not be parked out of doors at any point for longer than one (1) hour, except off the streets, and at least twenty-five (25) feet from any building used for assembly, institutional or residential occupancy. (1975 L.M.C., ch. 23, § 1.)
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