Ordinance No. 6,982940414 -14
ORDINANCE NO. 6982
• AN ORDINANCE AMENDING CHAPTER 12 "FIRE PREVENTION AND
PROTECTION," ARTICLE II "FIRE PREVENTION CODE," SECTION
12 -16 "DEFINITION" AND SECTION 12 -17 "LIMITS FOR STORAGE
OF CERTAIN COMBUSTIBLES," OF THE CODE OF ORDINANCES, CITY
OF BAYTOWN, TEXAS; PROVIDING A REPEALING CLAUSE;
CONTAINING A SAVINGS CLAUSE; AND EFFECTIVE DATE THEREOF.
Section 1: That Chapter 12 "Fire Prevention and
Protection," Article II "Fire Prevention Code," Section 12 -16
"Definition" of the Code of Ordinances, City of Baytown, Texas is
hereby amended to read as follows:
Sec. 12 -16 Definitions.
(a) Wherever the word "Municipality" is used in the code
hereby adopted, it shall be held to mean the City of Baytown,
Texas.
(b) "Retail service station" means that portion of a property
where a flammable and /or combustible liquid used as motor fuel
is stored and dispensed as an act of retail sale from fixed
equipment into the fuel tank of a motor vehicle. The term
does not include a marina.
Section 2: That Chapter 12 "Fire Prevention and
Protection," Article II "Fire Prevention Code," Section 12 -17
"Limits for storage of certain combustibles" of the Code of
Ordinances, City of Baytown, Texas is hereby amended to read as
follows:
Sec. 12 -17. Limits for storage of certain combustibles.
(a) The limits referred to in section 902.1.1 of the code
hereby adopted in which storage of flammable liquids in
outside aboveground tanks is prohibited, the limits referred
to in section 1701.4.2 of the code hereby adopted in which
bulk storage of liquified petroleum gas is restricted, and the
limits referred to in section 1901.4.2 of the code hereby
adopted, in which storage of explosives and blasting agents is
prohibited, are hereby established as follows: The corporate
limits of the city as now existing or hereafter changed
according to law.
(b) The storage of flammable or combustible liquids in above-
ground tanks outside of buildings is prohibited within the
limits set forth in subsection (a) above, unless such tanks:
(1) comply with all applicable provisions of Chapter 2
is of NFPA 30A, Automotive and Marine Service Station
Code, all amendments thereto, and new additions
thereof;
940414 -14a
• (2) are fire - resistant and, as such, the construction
of the tanks providing the required fire- resistive
protection shall prevent release of liquid, failure
of the supporting structure, and impairment of
venting for a period of not less than two (2) hours
when tested using fire exposure environment
described in UL 2085, Outline of Investigation for
Insulated Aboveground Tanks for Flammable and
Combustible Liquids, or as hereinafter amended, or
equivalent test procedure; and
(3) are not used in the operations of a retail service
station.
Section 3: All ordinances or parts of ordinances
inconsistent with the terms of this ordinance are hereby repealed;
provided however, that such repeal shall be only to the extent of
such inconsistency and in all other respects this ordinance shall
be cumulative of other ordinances regulating and governing the
subject matter covered by this ordinance.
Section 4: If any provisions, section, exception,
subsection, paragraph, sentence, clause or phrase of this ordinance
or the application of same to any person or set of circumstances,
shall for any reason be held unconstitutional, void or invalid,
such provisions of this ordinance or their application to other
persons or sets of circumstances and to this end all provisions of
this ordinance are declared to be severable.
Section 5: This ordinance shall take effect immediately
from and after its passage by the City Council of the City of
Baytown.
INTRODUCED, READ and PASSED by the affirmative vote of the
City Council of the City of Baytown this 14th day of April, 1994.
/ ",z r a I44-c --
PETE C. ALFARO, Mayor
ATTEST:
EILEEN P. HALL, City Clerk
ACIO RAMIREZ, UK., City Attorney
• blank