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Home My WebLink AboutORD 2004-89 - Above Ground TanksAN ORDINANCE OF THE CITY OF GEORGETOWN, TEXAS ADOPTING REGULATIONS PERTAINING TO THE USE, HANDLING, TRANSPORTATION, AND STORAGE OF LIQUEFIED PETROLEUM GAS; ESTABLISHING THAT A VIOLATION SHALL CONSTITUTE A MISDEMEANOR OFFENSE WITH STATED PENALTIES; PROVIDING A SAVINGS CLAUSE; AND REPEALING ALL ORDINANCES IN CONFLICT. WHEREAS, the City Council of the City of Georgetown, Texas is required to and desires to appropriately exercise its police power to protect the health, welfare and safety of its citizenry; and WHEREAS, the City Council recognizes that liquefied petroleum gases, if not properly controlled and regulated, constitute a dangerous and hazardous condition affecting the health, safety, and welfare of the general public; and WHEREAS, the City Council recognizes the need to regulate the use, handling, transportation, and storage of any form of liquefied petroleum gases within the city limits of the City of Georgetown, Texas; WHEREAS, the City Fire Marshal and Building Official have evaluated the effect of the current City regulations pertaining to liquefied petroleum gas and recommends that a separate section or provision specifically dealing with liquefied petroleum gas is necessary to clarify the City's regulations pertaining such materials. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF GEORGETOWN, TEXAS: Section 1. New Section 8.04.056 is hereby added to the City of Georgetown Code of Ordinances, and that Section 8.04.056 shall read as follows: Section 8.04.056 Liquefied Petroleum Gas (LP -Gas) A. Definitions 1. Liquefied petroleum gas or LP Gas; and LP Gas System: These terms shall have the same meaning as in the most recent edition of NFPA 58, Liquefied Petroleum Gas Code. 2. Bulk Plant: This term shall have the same meaning as in the most Ordinance No. LP Gas Page 1 of 5 recent edition of NFPA 58, Liquefied Petroleum Gas Code. 3. NFPA: National Fire Protection Association, Inc. 4. Railroad Commission Standards: The most current Railroad Commission of Texas Safety Rules for Liquefied Petroleum Gas, as amended. 5. Centralized Distribution S sem: An LP Gas distribution system consisting of one or more underground storage tanks with total capacity not to exceed 30,000 gallons, by which LP Gas is distributed through underground lines for use by end consumers. B. Adoption by Reference of Certain Regulations and Standards 1. The most current version of the Railroad Commission of Texas Safety Rules for Liquefied Petroleum Gas, as the same may be amended from time to time, are hereby adopted by the City and made a part hereof and incorporated into this Section as if set forth in full. 2. The applicable provisions of the 2003 International Fire Code (ICC) as adopted by the City in Chapter 8.04 of the Code of Ordinances, as the same may be amended from time to time, are adopted by the City and make a part hereof and incorporated into this Section as if set forth in full. 3. The most current version of the applicable provisions of the National Fire Protection Association, Inc. (NFPA) Life Safety Code , as the same may be amended from time to time and as adopted by the City is Section 8.04.020 of the Code of Ordinances, are hereby adopted by the City and made a part hereof and incorporated into this Section as if set forth in full. C. Provisions Applicable to Storage and Use of Liquefied Petroleum Gas 1, No LP -Gas Bulk Plants shall be located in the City limits. 2. LP Gas may be not be used as a fuel source within the City limits of the City of Georgetown unless one or more of the following exceptions apply: Ordinance No. C2004 9 LP Gas Page 2 of 5 a. There are no natural gas lines serving the property at the time LP Gas use commences, and the building is not classified under the Building Code as the following Occupancy Classifications: Assembly (A), Educational (E), Institutional (I) or Dwellings Classified as "R2"; or b. State or Federal law requires the property or the use on the property to have a secondary fuel source available for operation of emergency generators, fire pumps, and similar emergency equipment; or C, LP Gas in containers of less than 40 pounds total weight, provided that the LP Gas is not used for commercial purposes; or d. The use is for LP Gas fueled vehicles; or e. The use is for a Centralized Distribution System that is installed, maintained, and used under a valid Franchise Agreement approved by the City Council after notice and hearing in accordance with the procedures established in Section 8.03 of the City Charter, and consistent with the provisions of Article VIII of the City Charter. In addition, all requirements of the City's Unified Development Code pertaining to "Major Utilities" must also be met. 3. If LP Gas fuel is allowed to be used in the City under any of the exceptions set forth in Section C.2, above, then such use shall be in accordance with the following: a. No LP Gas System shall be installed in the City limits without first obtaining a permit from the City, except for LP Gas containers having less than 40 pounds total weight and used for non-commercial purposes or in LP Gas vehicles. In addition, a copy of the documentation submitted to and received from the Railroad Commission of Texas must be transmitted to the City within thirty (30) days after installation. b. The installation, storage, use, transportation and handling of the LP Gas System must be in compliance with each of the Regulations and Standards adopted by reference in Section B, above. In addition, all requirements of the City's Unified Development Code pertaining to "Major Utilities" must also be met. Ordinance No. 00� LP Gas Page 3 of 5 c. All LP Gas Systems must be installed underground, except for: i. LP Gas containers having less than 40 pounds total weight and used for non-commercial purposes or in LP Gas fueled vehicles; or, ii. An LP Gas tank that is less than 9,595 gallons in size that is installed as part of a temporary or interim Centralized Distribution System (e.g., prior to full build out of a subdivision) provided that (1) such temporary or interim above -ground tank is installed, maintained, and used in accordance with the terms of a valid Franchise Agreement between the LP Gas provider and the City pursuant to the requirements of Article VIII of the City Charter; (2) the Franchise Agreement mandates the replacement of the above- ground tank with a permanent underground tank(s) on a specific date or on the occurrence of a specific event but in any case not to exceed 1 %2 years from the Effective Date of the Franchise Agreement; and (3) meets all requirements pertaining to "Major Utilities" in the City's Unified Development Code. d. No more than one (1) 500 -gallon tank shall be allowed per legal lot, unless a larger tank is specifically approved by the City or as otherwise provided for herein. e. All LP Gas shall be effectively odorized by an agent of such character as to indicate positively by distinctive odor the presence of gas down to concentrations in air of not over one-fifth (1/5t) of the lower limit of combustibility. D. Authority of the Fire Marshal It shall be the duty of the Fire Marshal to determine if the provisions of this Section are being satisfactorily complied with. Any requirement necessary for the protection of the health, safety, and welfare of the citizens of Georgetown which is not specifically covered by this ordinance shall be determined by the Fire Marshal. E. Penalties Any person, firm, corporation, or entity who violates any provision of this ordinance shall be deemed guilty of a Class C misdemeanor and, upon Ordinance No. �Q LP Gas Page 4 of 5 conviction, shall be subject to a fine not to exceed Two Thousand and No/ 100 Dollars ($2,000.00), and each day such violation continues shall be deemed a separate offense. SECTION 2: All ordinances, parts of ordinances, or resolutions in conflict herewith are expressly repealed. SECTION 3: The invalidity of any section or provision of this ordinance shall not invalidate other sections or provisions thereof. SECTION 4: The Mayor is hereby authorized to sign this ordinance and the City Secretary to attest. This ordinance shall become effective and be in full force and effect in accordance with the provisions of the Charter of the City of Georgetown. READ and APPROVED on first reading this the 23`d day of November 2004. READ, APPROVED and ADOPTED on second reading this the r 4 day of hr ° >, , .£_ 2004. CITY OF GEORGETOWN Lity or ueorgetown, 1 exas ATTEST: Y Sandra D. Lee, City Secretary APPROVED AS TO FORM: Patricia E. Carls, City Attorney, Brown & Carls, LLP Ordinance No. LP Gas Page 5 of 5