§ 32.121 GASOLINE CONTAINERS.

   (A)   It shall be unlawful for any person to deliver or to accept delivery of gasoline in any container other than an approved container equipped with a cap or similar device reasonably sufficient to prevent the escape of vapors.

   (B)   Signs marked “DELIVERY OR ACCEPTANCE OF GASOLINE IN ANY CONTAINER OTHER THAN AN APPROVED CONTAINER WITH A CAP TO PREVENT ESCAPE OF VAPORS IS PROHIBITED BY LAW” shall be displayed prominently at all places where gasoline is sold by any person who engages in the business of selling gasoline.

(1998 Code, § 54-9) Penalty, see § 32.999

§ 32.122 DISPENSING MOTOR FUELS FROM MOBILE DEVICES.

   The operation of vehicles, tank trucks or other mobile devices from which flammable liquids used as motor fuels may, as an act of retail sale, be dispensed into the fuel tanks of motor vehicles parked on off-street facilities is hereby prohibited within the city.

(1998 Code, § 54-10) Penalty, see § 32.999

§ 32.123 TANK TRUCKS TRANSPORTING FLAMMABLE, CORROSIVE OR TOXIC MATERIALS; ROUTE MAP; USE OF DESIGNATED ROUTES; CONSTRUCTION REQUIREMENTS; REQUIRED SIGNS AND EQUIPMENT.

   (A)   Tank trucks transporting flammable, corrosive or toxic materials; route map.

      (1)   Every tank truck, whether a common carrier or not, transporting liquefied petroleum gases, natural gasoline or corrosive or toxic chemicals, flammable liquids, combustible liquids, poisons, oxidizers, radioactive material or liquefied natural gas in bulk within the corporate limits of the city shall be confined in movement to the streets, avenues and highways designated for such use as shown on the route map, prepared by the Planning Department of the city and on file in the Director of Transportation and Planning. Such map, hereby designated as “Tank Trucks Route Map”, and all of the notations and references and information shown thereon, are hereby made as much a part of this subchapter as if set forth in full in this subchapter.

      (2)   It shall be the duty of the Director of Transportation and Planning to keep the route map on file in his or her office, and a duplicate copy shall be kept on file in the office of the City Traffic Engineer. These routes shall be adequately marked with appropriate signs. Empty trucks containing vapors of liquefied petroleum gases, natural gasoline, corrosive or toxic chemicals, flammable liquids, combustible liquids, poisons, oxidizers, radioactive material or liquefied natural gas shall be confined to the same routes.

(1998 Code, § 54-12)

   (B)   Use of designated routes. It shall be unlawful for any person to haul or transport liquefied petroleum gases, natural gasoline or flammable, corrosive or toxic chemicals, flammable liquids, combustible liquids, poisons, oxidizers, radioactive material or liquefied natural gas in bulk over any other routes than those prescribed on the tank truck route map; provided, however, that, in case of emergency, movement of such vehicles over other routes may be authorized by the Chief of the Fire Department or the Fire Marshal.

(1998 Code, § 54-13)

   (C)   Construction requirements. All trucks transporting liquefied petroleum gases, natural gasoline or flammable, corrosive or toxic chemicals in bulk within the corporate limits of the city shall meet the construction requirements of the State Railroad Commission for the commodity transported. If the State Railroad Commission does not prescribe construction requirements for tank trucks hauling one of these commodities in bulk, then the construction requirements of FERC No. 436 for that commodity shall apply.

(1998 Code, § 54-14)

   (D)   Required signs and equipment. All trucks transporting liquefied petroleum gases, natural gasoline or corrosive or toxic chemicals, flammable liquids, combustible liquids, poisons, oxidizers, radioactive material or liquefied natural gas shall have a conspicuous sign on each side and on the rear conforming to U.S. Department of Transportation standards. All trucks shall be equipped with drag chains or other approved devices long enough to reach the ground when the container is partially loaded. Each truck shall be provided with at least two hand fire extinguishers of a suitable type of not less than five-pound capacity. Each truck shall be kept in good mechanical condition.

(1998 Code, § 54-15)

Penalty, see § 32.999

FIRE MARSHAL

§ 32.135 POSITION ESTABLISHED.

   The position of Fire Marshal is hereby created as a position of the Fire Department reporting to the Fire Chief or his or her designee.

(1998 Code, § 54-31) (Ord. 00-74, passed 11-1-2000; Ord. 04-15, passed 5-19-2004)

§ 32.136 APPOINTMENT, REMOVAL AND COMPENSATION.

   (A)   The Fire Marshal shall be an appointed position within the Fire Department, and shall be assigned and appointed by the Fire Chief. The Fire Marshal may be assigned and appointed from any classification within the Fire Department.

   (B)   The following shall be minimum requirements for the appointment of Fire Marshal:

      (1)   Must be a certified basic inspector, as certified by the State Commission on Fire Protection;

      (2)   Must have passed each section of the examination (Inspector 1, Inspector 2 and Plans Examiner 1) with a minimum score of 70%;

      (3)   Must have obtained the certified basic fire investigator certification from the State Commission on Fire Protection; and

      (4)   Must have obtained the certified intermediate structural firefighter certification from the State Commission on Fire Protection or have obtained the educational requirements and are waiting on time-in-grade only.

(1998 Code, § 54-32) (Ord. 00-74, passed 11-1-2000; Ord. 04-15, passed 5-19-2004; Ord. 08-22, passed 5-21-2008)

§ 32.137 RIGHT OF ENTRY.

   The Fire Marshal or designee shall have the authority, at all times of the day or night, when necessary in the performance of the duties imposed upon him or her by the provisions of this subchapter, to enter upon and examine any building or premises where any fire has occurred, and other buildings and premises adjoining or near the fire, which authority shall be exercised only with reason and good discretion.

(1998 Code, § 54-33) (Ord. 04-15, passed 5-19-2004)

§ 32.138 INVESTIGATION OF FIRES.

   The Fire Marshal or designee shall investigate the cause, origin and circumstances of every fire occurring within the city by which property has been destroyed or damaged, and shall especially make investigation as to whether the fire was the result of carelessness or design. The investigation shall be commenced as soon as practicable.

(1998 Code, § 54-34) (Ord. 04-15, passed 5-19-2004)

§ 32.139 DUTY WHEN EVIDENCE INDICATES ARSON.

   If the Fire Marshal or designee shall be of the opinion that there is evidence sufficient to charge any person with the crime of arson, or with the attempt to commit the crime of arson, or of conspiracy to defraud or criminal conduct in connection with any fire, he or she shall cause the person to be lawfully arrested and charged with the offense, and shall furnish to the proper prosecuting attorney all such evidence, together with the names of witnesses and all the information obtained by him or her, including a copy of all pertinent and material testimony taken in the case.

(1998 Code, § 54-35) (Ord. 04-15, passed 5-19-2004)