§ 98.005 GENERALLY; ABOVE GROUND STORAGE TANKS.
   The storage of flammable liquids in outside, above tanks is prohibited unless a permit for the same is obtained as hereafter provided and the tanks are constructed and comply with the following regulations and specifications.
   (A)   Tank and vault specifications. Any above ground storage tank shall meet the following specifications.
      (1)   A steel tank meeting the requirements of the National Fire Prevention Association (NFPA) rule 30, for above ground tanks, which NFPA 30, is incorporated herein by reference.
      (2)   Steel tanks, having a capacity in excess of 301 gallons, shall have a six-inch emergency vent, and tanks having a capacity of 300 gallons or less shall have a four-inch emergency vent.
      (3)   Steel tank openings shall be threaded, except for any detector tube.
      (4)   Steel tanks and secondary containment tanks shall be encased in a vault having reinforced concrete walls of not less than six inches.
      (5)   Vaults shall be constructed so as to permit monitoring between the primary and secondary containment tanks.
      (6)   Vaults shall be placed on a reinforced concrete pad, consisting of exterior steel posts located not more than four feet in width from each other, which pad and posts shall be approved by the Building Inspector.
      (7)   Exterior vault surfaces shall be covered by a protective epoxy coating or similar surface.
      (8)   Vaults shall be marked with the name of the product stored and by the words “FLAMMABLE - KEEP FIRE AND FLAME AWAY,” both in letters at least four inches high and in contrasting color from the vault.
      (9)   Vaults shall contain a minimum five gallon recovery or spill containment vessel mounted to the vault fill pipe or on the top of the vault system.
   (B)   Public use prohibited. Above ground storage tanks shall be used solely for storage at commercial, industrial, governmental or manufacturing establishments and solely for the purpose of fueling vehicles used in connection with their respective business or operation and not for the purpose of retail sale or other sale of the stored flammable liquid.
   (C)   Size and location. Any above ground tank shall not exceed 2,500 gallon capacity and no more than two containers may be located on any single lot, tract, property or any combination or series of lots, tracts or properties which are adjacent or contiguous to each other and which are owned or titled in the name of the same person or persons. Any tanks shall further be located the minimum distances described below from the following:
      (1)   A minimum of 50 feet from any residential structure;
      (2)   A minimum of 85 feet from any school, church, hospital, nursing home or other place of public assembly or accommodation;
      (3)   A minimum of 30 feet from any other building or flammable stored liquid;
      (4)   A minimum of 300 feet from any mine shaft or any air or escape shaft for any mine;
      (5)   A minimum of 200 feet from any well located on property adjacent to the property upon which the tank is located;
      (6)   A minimum of 75 feet from any well located on the same property as the property upon which the well is located; and
      (7)   A minimum of 30 feet from any adjoining property line, and from all sewers, manholes catch-basins, septic tanks, cisterns or cesspools.
   (D)   Permit. A permit and fee shall be required for the construction and location of any above round storage tanks as provided in §§ 98.051 through 98.053, inclusive of this code. In addition to the requirements, no permit shall be issued by the Building Inspector unless a permit therefore has been obtained from the State Fire Marshal, if required, and until the application and all required plans have been approved by the City Fire Marshal, and the proposed tank, vault and pad comply with the requirements of this code.
   (E)   Appeal. Any person who is aggrieved by an order, ruling or decision or interpretation of the above provisions, by the Fire Marshal and/or Building Inspector may request appeal or review of the order, ruling, decision or interpretation, in the same manner provided for appeals under §§ 159.01 through 159.04 of this code. In addition to the power and authorities therein provided, the Fire Chief shall have the power to grant a variance from the requirements of this section, provided the general health, safety and welfare of the public is not endangered thereby.
   (F)   Incorporation of other regulations. The City Clerk shall maintain on file in the office of the City Clerk, three copies of the NFPA regulation or rule referred to above.
(1980 Code, § 27.005) Penalty, see § 98.999