Article 4-3 CARE, STORAGE AND TRANSPORTING INFLAMMABLES, COMBUSTIBLES AND EXPLOSIVES

4-301      Application of This Chapter.

      This Ordinance shall apply to all plants, systems, equipment or devices hereafter constructed or installed, within the corporate limits of the City of Rock Springs, for the use, handling, storage or sale of gasoline or other inflammable liquids, and to existing plants, systems, equipment or devices, when in the judgment of the Fire Inspector the same constitutes a menace to life or property. An inflammable liquid, for the purpose of this Ordinance, is defined as one having a flash point of 200° Fahrenheit or less, and any fuel oil regardless of the flash point. This Ordinance shall not apply to the storage of paints, varnishes or other commercial mixtures in sealed containers when in the judgment of the City Inspector such storage is not unduly hazardous to life or property. (Ord. No. 28, 8-12-04; 32-1, Rev. Ord. 1938; Rev. Ord. 1963; Ord. No. 2006-16, 7/5/06). 

 4-302      Permit Required.

     It shall be unlawful for any person, firm or corporation to keep or have in excess of five gallons of gasoline or other inflammable liquids on any premises within the corporate limits of the City of Rock Springs without first obtaining a permit from the Fire Inspector, except as hereinafter provided. (Ord. No. 28, Sec. 5, 8-12-04; 32-2, Rev. Ord. 1938; Rev. Ord. 1963; Ord. No. 2006-16, 7/6/06). 

 4-303      Application For Permit.

     Every application for a permit to sell or store gasoline or other inflammable liquids must be made in writing to the Fire Inspector, who upon receipt of the application shall forthwith make an inspection of the premises proposed to be used for such sale or storage, and the means of distribution, and if the conditions, surroundings and arrangements are such that the intent of this Ordinance can be observed, then he shall issue a permit for the installation of the system or equipment, subject to his final inspection. (Ord. No. 28, Sec. 5, 8-12-04; 32-3, Rev. Ord. 1938; Rev. Ord. 1963; Ord. No. 2006-16, 7/6/06). 

 4-304      Notification For Inspection.

      Before any installation is covered from sight, a notification in writing shall be given the Fire Inspector, who shall inspect the installation within 48 hours after the receipt of such notification and give his written approval or disapproval. Upon failure of the Fire Inspector to inspect within the specified time, the installation may be covered, but shall then be subject to inspection by the Fire Inspector at the expense of the City. (Ord. No. 28, Sec. 3, 8-1-04; 32-4, Rev. Ord. 1938; Rev. Ord. 1963; Ord. No. 2006-16, 7/5/06). 

 4-305      General Provisions.     

     (a)  It shall be unlawful for any person, firm or corporation to have or keep for business, commercial, residential or other non-commercial purposes more than ten (10) gallons of gasoline, liquified petroleum gases, or other flammable liquids on the premises at any one time unless the storage meets the requirements of this section.

     Exceptions:

          1.  Liquids in the fuel tanks of motor vehicles, aircraft or boats.

          2.  Alcoholic beverages in retail sales or storage uses, provided the liquids are packaged in individual containers not exceeding 4 liters.

          3.  Medicines, foodstuffs and cosmetics, containing not more than 50 percent by volume of water-miscible liquids and with the remainder of the solution not being flammable, in retail sales or storage uses when packaged in individual containers not exceeding 4 liters.

          4.  The storage  of liquids that have no firepoint when tested in accordance with Uniform Fire Code Standard No. 9-6.

          5.  The Storage of distilled spirits and wines in wooden barrels or casks.

     (b)  Quantities Allowed Within Specific Buildings.  Storage of Class I, II, or III-A liquids in buildings in quantities in excess of those listed in this subsection is prohibited except in I-2 zones with the requirements of UFC Section 7902 applying.  Class I-A liquids shall not be stored in basement areas.  In addition to these requirements, see requirements for permits, in the Uniform Fire Code, Section 7901.31.  Amounts permitted shall be stored in approved containers, approved locations, and shall be limited in accordance with UFC Sections 7902.5.7 and 7902.5.8.

     (c)  The amount of LPG shall be limited for residential or non-commercial purposes to a maximum of 25 gallon aggregate water capacity.

      Exceptions:

            1.  Factory installed tank on R.V. (recreational vehicles) unit.

            2.  Vehicles governed by LPG or LNG (liquified natural gas) that are governed by DOT.

            3.  Other equipment and vehicles powered by LPG excluding cooking or heating equipment.

            4.  Temporary use of LPG on construction sites is subject to Nationally Recognized Standards of good practices and rules and regulations of the authority having jurisdiction.

    (d)  Storage and Use of LPG gas for business of commercial purposes shall comply with Ordinance 7-108.3(d) and UFC Standard 82-1.

    (e)  The provisions of this section shall "sunset" and repeal and be of no further force and effect on July 1, 2003.  After July 1, 2003, refer to Section 4-326, General Provisions.

 (Ord. No. 28, Sec. 1 and 2, 8-12-04; 32-5, Rev. Ord. 1938; Rev. Ord. 1963; Ord. No. 85-12, 8-6-85; Ord. No. 91-15, 10-1-91; Ord. No. 94-18, 6-7-94).

(96-06, Amended, 05/07/1996) 

4-306 - 4-308 repealed by Ordinance 96-06.

 4-309      Filling Pipes.    

 (Ord. No. 32-9, Rev. Ord. 1938; Rev. Ord. 1963; Repealed Ord. No. 2006-17, 7/5/06). 

 4-310      Underground Piping.

      The piping of gasoline or other inflammable liquids in the streets or alleys of the City of Rock Springs, for any distance exceeding fifty feet shall not be permitted except in outlying districts, where such piping shall be buried below frost line, kept clear of other piping and sewers, and where in the judgment of the City Inspector such piping can be maintained so as not to create a hazard to life and property. (Ord. No. 32-10, Rev. Ord. 1938; Rev. Ord. 1963).

  4-311      Above Ground Storage.

      By special permission of the City Council, above ground storage tanks may be permitted in sparsely built up sections of the City, but not within 200 feet of any buildings except those used in connection therewith. (Ord. No. 32-11, Rev. Ord. 1938; Rev. Ord. 1963). 

 4-312      Emptying Tank Cars.     

     The drawing of gasoline or other inflammable liquids from tank cars shall not be permitted at any location where in the judgment of the City Inspector such operations would be unsafe to life and property. The piping, pumps or other equipment used for the emptying of such tank cars must be of sufficient size and so arranged to permit the emptying or withdrawing of the gasoline or other inflammable liquids within a period of twelve hours. The person or firm to whom such tank cars are consigned shall be required to complete the emptying of the same within a period of twenty-four hours from the time the tank car is placed in position for unloading.

      The provisions of this section shall "sunset" and repeal and be of no further force and effect on July 1, 2003.  After July 1, 2003, refer to Section 4-326, General Provisions. (Ord. No. 32-12, Rev. Ord. 1938; Rev. Ord. 1963). 

 4-313     No Smoking.     

     In all rooms or parts of buildings used for commercial purposes which contain gasoline or other inflammable liquids in open containers or in which vapors from gasoline or other inflammable liquids are present, smoking shall be a misdemeanor. 

The provisions of this section shall "sunset" and repeal and be of no further force and effect on July 1, 2003.  After July 1, 2003, refer to Section 4-326, General Provisions.         

 4-314      Hazardous Conditions Prohibited.     

      It is hereby expressly prohibited to open or fill any gasoline tank of any automobile, motorcycle or other internal combustion engine while the engine or motor is running. No inflammable liquids shall be stored, drawn or handled in dangerous proximity to fire or open flame. (Ord. No. 32-14, Rev. Ord. 1938; Rev. Ord. 1963).

 4-315     Dry Cleaning.

      This Ordinance shall not be construed as applying to gasoline or other inflammable liquids while contained in washers used in connection with dry cleaning establishments when located outside the fire limits of the City of Rock Springs, as now established or hereafter extended, or when inside the fire limits, provided the buildings used for dry cleaning purposes is constructed wholly of noncombustible material, not used for other occupancy and located at least ten feet from other buildings and/or a public thoroughfare. (Ord. No. 32-15, Rev. Ord. 1938; Rev. Ord. 1963).

      The provisions of this section shall "sunset" and repeal and be of no further force and effect on July 1, 2003.  After July 1, 2003, refer to Section 4-326, General Provisions. 

 4-316      Tank Wagons.     

     All tank wagons or trucks, and wagons or trucks, containing tanks with faucets, when used for the distribution of gasoline or other inflammable liquids, shall be of a substantial, workmanlike construction and shall be subject to the approval of the City Inspector, who shall inspect and keep a record of such wagons or vehicles, which shall be plainly marked with their record number. All faucets connected to such tracks or wagons shall be kept locked or have handles removed when not in actual use, such handles to be so constructed that they may not be removed except when the faucet is tightly closed, and all measures and faucets shall be covered or otherwise protected. (Ord. No. 32-16, Rev. Ord. 1938; Rev. Ord. 1963).

      The provisions of this section shall "sunset" and repeal and be of no further force and effect on July 1, 2003.  After July 1, 2003, refer to Section 4-326, General Provisions. 

 4-317     Oil Burners.

     Oil burners and systems for domestic heating in stoves and furnaces shall not be used or installed unless approved by the Underwriter's Laboratories and installed in accordance with the standards of the National Board of Fire Underwriters, and such standards are hereby made a part of the requirements of this Ordinance. This section shall not apply to oil burners using a wick. (Ord. No. 32-17, Rev. Ord. 1938; Rev. Ord. 1963).

 4-318      Other Occupancies Prohibited.     

     No dry cleaning establishment or automobile garage, repair shop or other business using or keeping on hand at any one time gasoline or other highly volatile inflammable liquids in quantities exceeding five gallons shall hereafter be allowed in any building which is occupied above the first floor as a place of public assemblage, or as a factory employing over five persons, or as a hotel, rooming house or for dwelling purposes. (Ord. No. 32-18, Rev. Ord. 1938; Rev. Ord. 1963).

 4-319      Explosives--Definition.     

     (a)  The term "explosive" or "explosives" whenever used in this Ordinance shall be held to mean and include any chemical compound or mechanical mixture that contains any oxidizing and combustible units, or other ingredients, in such proportion, quantities or packing that an ignition by fire, by friction, by concussion, by percussion, or by detonator of any part of the compound or mixture may cause such a sudden generation of highly heated gases that the resultant gaseous pressures are capable of producing destructive effects on contiguous objects or of destroying life or limb.

     (b)  Nothing in this part shall be held to mean and include any small arms, ammunition or signal rockets, or devices or compositions used to obtain visible or audible pyrotechnic effects. (Ord. No. 32-19, Rev. Ord. 1938; Rev. Ord. 1963).

 4-320      Transportation of Explosives.     

     (a)  Permit Required. It is prohibited for any person to have, keep, use, store or transport any explosives, except under permit therefor. The permit for transporting explosives shall designate the time when, and may designate the route whereon, the same may be transported.

     (b)  Prohibited on Certain Conveyances. It is prohibited for any person to transport or carry any explosive in or upon any public conveyance which is carrying passengers for hire.

     (c)  It is prohibited for any person in charge of a vehicle containing such explosive to smoke in or upon such vehicle, to drive the vehicle while intoxicated, to drive the vehicle or to conduct himself in a careless or reckless manner, to load or unload such vehicle in a careless manner or while smoking or intoxicated.

     (d)  It is prohibited for any person to place or carry or cause to be placed or carried, in the bed or body of any vehicle containing explosives, any exploders, detonators, blasting caps or other similar explosive material, or to carry in or upon any such vehicle any matches. (Ord. No. 32-20, Rev. Ord. 1938; Rev. Ord. 1963; Ord. No. 2006-16, 7/5/06).

 4-321      Transportation and Storage of Certain Explosives Prohibited.

      It is prohibited for any person to have, keep, store, sell, offer for sale, give away, use, transport, or manufacture any of the following explosives in any quantity: Liquid nitroglycerine; high explosives containing over 60 per cent nitroglycerine (except gelating dynamite); high explosives having an unsatisfactory absorbent or one that permits leakage of nitroglycerine under any conditions liable to exist during transportation or storage; nitrocellulose in a dry condition, in quantity greater than ten (10) pounds in one exterior package; fulminate of mercury in bulk in a dry condition, and fulminate of all other metals in any condition, except as a component of manufactured articles not hereinafter forbidden: or explosives containing any ammonium salt and chlorate. (Ord. No. 32-21, Rev. Ord. 1938; Rev. Ord. 1963).

 4-322      Permit Required For Blasting.

      No person shall blast or carry on any blasting operations without first having obtained a permit from the Fire Inspector. The applicant for such permit must file a bond deemed adequate in each case by the Fire Inspector, which bond shall become available in the payment of any damage arising from the neglect of the contractor or his agents or employees. (Ord. No. 32-22, Rev. Ord. 1963; Ord. No. 2006-16, 7/5/06).

 4-323      Keeping Combustible Material.

      No person shall stack or keep within the limits of the City any hay, straw or other combustible material unless the same is enclosed or secured so as to protect it from flying sparks of fire. (Ord. No. 32-23, Rev. Ord. 1938; Rev. Ord. 1963).

 4-324      Search For Explosives.     

     It shall be lawful for the City Inspector or person designated by him, when he shall have cause to suspect that any gunpowder, gun-cotton, nitroglycerine, dynamite, giant powder or other explosive is concealed or kept within the city, in violation of the purpose of determining whether any gunpowder, gun-cotton, nitroglycerine, dynamite, giant powder or other explosives are concealed or kept as aforesaid. Any person who shall obstruct or hinder such officer making search in the execution of his duties under this section, shall forfeit and pay to said City for each offense a sum not less than Ten ($10.00) Dollars, not more than Fifty ($50.00) Dollars. (Ord. No. 32-24, Rev. Ord. 1963).

 4-325      Penalty For Violation.

    Any person violating any of the provisions of this Chapter shall be deemed guilty of a misdemeanor, and upon conviction thereof, shall be fined in any sum not more than One Hundred ($100.00) Dollars, to which may be added the costs at the discretion of the Court. (Ord. No. 32-25; Rev. Ord. 1938; Rev. Ord. 1963).

4-326      General Provisions.