Ord. 0606 03-25-91ORDINANCE N0. 606
AN ORDINANCE AMENDING THE CODE OF ORDINANCES AT CHAPTER 10,
FIRE PREVENTION AND PROTECTION, BY ADDING ARTICLE V,
SECTIONS 10-91 THROUGH 10-106 FOR THE PURPOSE OF PROVIDING
REGULATION OF HAZARDOUS MATERIALS, CONTAINING A SAVINGS
CLAUSE, A SEVERABILITY CLAUSE, PROVIDING FOR A PENALTY,
PUBLICATION AND AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PEARLAND:
Section One. That the Code of Ordinances of City of Pearland, as
same has been from time to time amended, be further amended at Chapter
10, Fire Prevention and Protection, by the addition of Article V,
Sections 10-91 through 10-106 for the purpose of providing regulations
of hazardous materials.
Section Two. The full text of the amending Article and Sections
is annexed hereto, designated as Exhibit "A" hereof and incorporated
herein for all purposes as if fully set forth herein.
Seettaihrees All rights and remedies which have accrued in the
favor of the City by reason of previous ordinances on this subject,
and amendments thereto, shall be and are preserved for the benefit of
the City.
Section Four. If any provision of this ordinance or the
application thereof to any person or circumstance is held invalid,
such invalidity shall not affect any other provision or application of
this ordinance which can be given effect without the invalid provision
or application and to this end the provisions of this ordinance are
declared to be severable.
Section Five. Any person, firm or corporation who shall violate
or fail to comply with the requirements of any provisions of this
ordinance herein adopted shall be guilty of a misdemeanor, and shall,
upon conviction by a court of competent jurisdiction, be punished in
accordance with Section 1-11 of the City Code of Ordinances.
Section Six. The City Secretary is hereby authorized and
directed to cause publication of the descriptive caption and penalty
clause of this ordinance as provided by law.
Section Seven. This ordinance is effective upon final passage by
the Council.
PASSED and APPROVED on First Reading this & day of
A. D., 1991.
C. V. CO
MAYOR
ATTEST:
PAT JONES
CITY SEC ARY
PASSED and APPROVED on Second Reading thisg5day of 4' c—_
A. D., 1991.
C. V. COP )$ NGER\ ,Q/9;0% .Y,n, th
MAYOR Ppo TEn1
ATTEST:
PAT JONES Kb61-°---/
CITY SECRET
AP D AS TO FORM:
LESTER G. RORICK
CITY ATTORNEY
VOTING RECORD (FIRST READING) MARCH 4, 1991
Voting "Aye" - Councilmembers Wolff, Weber, Smith, Tetens and Miller
Voting "No" - None
Motion passed 5 to 0.
VOTING RECORD (SECOND READING) MARCH 25, 1991
Voting "Aye" - Councilmembers Miller, Tetens, Weber and Wolff
Voting "No" - None
Motion passed 4 to 0.
Councilmember Smith served as Mayor Pro Tem.
PUBLICATION DATE: MARCH 29, 1991
EFFECTIVE DATE: APRIL 8, 1991
PUBLISHED AS REQUIRED BY SECTION 3.10 OF THE CHARTER OF THE CITY OF PEARLAND,
TEXAS.
EXHIBIT "A"
CHAPTER 10
FIRE PREVENTION AND PROTECTION
ARTICLE V. HAZARDOUS MATERIALS
Sec. 10-91. Definitions; Applicability.
(a) For the purposes of this article, the terms used herein are
defined as follows:
Hazardous Materials: A substance or material which has been
determined by the U. S. Secretary of Transportation to be capable of
posing an unreasonable risk to health, safety and property when manu-
factured, stored or transported in commerce and which has been so
designated.
(b) This article shall apply to materials not otherwise covered
in this code which are highly flammable, or which may react to cause
fires or explosions, or which by their presence create or augment a
health, fire or explosion hazard, or which because of the toxicity,
flammability, or liability to explosion render firefighting abnormally
dangerous or difficult; also to flammable or combustible liquids which
are chemically unstable and which may spontaneously form explosive
compounds, or undergo spontaneous reactions of explosive violence or
with sufficient evolution of heat to be a fire hazard. Hazardous
chemicals, oxidizing materials, potentially explosive chemicals,
highly toxic materials and poisonous gases are defined in the National
Fire Protection Manuals.
Sec. 10-92. When permit required.
(a) A permit shall be required for the storage, manufacturing or
handling of more than fifty-five (55) gallons of corrosive liquids; or
more than five hundred (500) pounds of oxidizing materials; or more
than ten (10) pounds of organic peroxides; or more than five hundred
(500) pounds of nitromethane; or five hundred (500) pounds of water
reactive chemicals or one thousand (1,000) pounds or more of ammonium
nitrate, ammonium nitrate fertilizers and fertilizer mixtures covered
in section 19-6(d); or any amount of highly toxic materials, pyro-
phoric materials, hypergolic materials, cryogenic materials or
poisonous gases.
(b) A permit shall be required for the storage, transportation
or handling of more than one (1) microcurie of radium not contained in
a sealed source; or more than one (1) millicurie of radium or other
radioactive material in a sealed source or sources, or any amount of
radioactive material for which a specific license from the United
States Atomic Energy Commission is required.
(c) No person shall store or handle, or suffer, permit or allow
the storage, existence or handling of any of the substances described
in subsection (a) above on any property unless a permit issued pur-
suant to this chapter is in effect for the storage or handling of the
substances on the premises. Only one (1) permit shall be required for
the storage and handling of any or all of the substances listed in
section 10-92(a) if the substances are stored or handled on the same
premises.
Sec. 10-93. Protective facilities for manufacture, storage, handling
and use generally; defective containers; retail sale.
(a) The manufacture, storage, handling and use of hazardous
materials shall be safeguarded with such protective facilities as
public safety requires.
(b) The fire marshal may require the separation, or isolation of
any substance that in combination with other substances may bring
about a fire or explosion or may liberate a flammable or poisonous
gas. The fire marshal may require separation from other storage,
occupancies or buildings when the quantity stored constitutes a mate-
rial hazard.
(c) Defective containers which permit leakage or spillage shall
be disposed of or repaired, in accordance with recognized safe prac-
tices; no spilled materials shall be allowed to accumulate on floors
or shelves.
(d) Where kept for retail sale in containers or packages usual
to the retail trade, storage shall be neat and orderly and shelves
shall be of substantial construction.
(e) Where specific requirements are not otherwise established,
storage, handling and use of hazardous materials shall be in
accordance with nationally recognized good practice.
Sec. 10-94. Storage of oxidizing materials.
(a) Packaged oxidizing materials shall be stored in dry loca-
tions and separated from stored organic materials. Bulk oxidizing
materials shall not be stored on or against wooden surfaces.
(b) Oxidizing materials shall be stored separately from flamma-
ble liquids, flammable solids, combustible materials, hazardous chemi-
cals, corrosive liquids and such other noncompatible materials as may
be determined by the fire marshal.
(c) Oxidizing agents shall be stored and handled in accessible
areas in fully sprinkled, fire -resistive buildings.
Sec. 10-95. Radioactive materials.
(a) Durable, clearly visible signs of warning of radiation
dangers shall be placed at all entrances to areas or rooms where
radioactive materials are used or stored. In addition, each container
in which radioactive materials are used, stored or transported shall
bear a durable, clearly visible, appropriate warning sign. Such signs
2
shall bear the three -bladed radiation symbol in magenta or purple on a
yellow background in accordance with nationally recognized good
practice.
(b) Signs are not required for storage of manufactured articles
other than liquids, such as instruments or clock dials or electronic
tubes or apparatus of which radioactive materials are a component
part, and luminous compounds, when securely packed in strong contain-
ers, provided the gamma radiation at any surface of the package in
less than ten (10) milliroentgens in twenty-four (24) hours.
(c) When not in use, radioactive materials shall be kept in
adequately shielded fire-resistant containers of such design that the
gamma radiation will not exceed two hundred (200) milliroentgens per
hour or equivalent at any point of readily accessible surface.
Sec. 10.96. Manufacture and storage of potentially explosive mate-
rials.
(a) General - Potentially explosive, combustible or flammable
materials (liquid, solids, powders, etc.) shall be manufactured and
stored away from all heat producing appliances and electrical devices
which are not intrinsically safe, and shall be protected from external
heat, fire or explosion. Explosive and blasting agents shall not be
stored in the same building or in close proximity to such materials,
except by approval of the fire marshal. Hazardous materials that are
packaged in sealed containers and that are subject to pressure build-
up due to ambient temperatures, shall be stored in a covered, tempera-
ture controlled atmosphere so as not to allow pressure build-up to
occur. Uncontaminated contents of broken or cracked bags, packages or
other container shall be immediately transferred, in an approved
manner, to new and clean containers before the product is stored.
Other spilled materials and discarded containers shall be immediately
gathered up and disposed of in an approved manner._ All electric
bulbs, appliances or devices shall be explosion and/or *vapor proof.
Open ignition sources, flames and smoking shall be prohibited in or
near manufacturing and storage areas of hazardous materials, and shall
be so posted. Internal combustion motor vehicles, i.e. (fork lift
trucks, etc.) shall not be operated in areas where such hazardous
materials are manufactured or stored unless said vehicles are intrin-
sically safe and display manufacturers plaque stating same.
(b) Organic peroxides - A detached, well isolated, ventilated
and unheated storage building with walls having not less than a two-
hour fire -resistive rating constructedin accordance with the building
code, a noncombustible floor and a lightweight insulated roof shall be
provided for the storage of fifty (50) pounds or more of organic
peroxides. If not adequately protected by a fast -acting deluge type
automatic sprinkler system, the storage building shall be located the
following minimum distances from flammable or combustible liquid stor-
*Upon approval by the fire marshal, vapor proof devices may suffice in
some areas.
3
age, combustible materials in the open and from any other building or
highway:
Weight of Organic Peroxide
(Pounds) Distance
[Over], [Not Over] (Feet)
50 to 100 75
100 to 500 100
500 to 1,000 125
1,000 to 3,000 200
3,000 to 5,000 300
The organic peroxides shall be stored in the original shipping
containers (DOT containers). Care shall be taken to avoid rough
handling or contamination of these chemicals. Readily legible warning
signs and placards shall be prominently placed in the storage and pro-
cessing areas.
Where organic peroxides are stored in refrigerated rooms or
vaults, a warning placard is to be conspicuously placed in an approved
manner and shall set forth emergency procedure in case of loss of
electrical power or refrigeration.
(c) Nitromethane and other nitro -hydrocarbon compounds - A suit-
ably isolated outdoor storage area shall be, provided for nitromethane.
Hazardous processing shall not be permitted in the vicinity of this
storage area. Nitromethane shall be stored in the drums in which it
is received or in an underground tank with suitable corrosion protec-
tion and a minimum of two (2) feet of earth over the tank or in
barricaded tanks aboveground. If the drum storage is not adequately
protected by a fast -acting deluge type automatic sprinkler system, the
storage of two thousand (2,000) pounds or moreshall be located the
following minimum distances from inhabited buildings:
Pounds Weight
(Over) (Not Over)
Approximate Number Distance
of Drums (Feet)
Beginning at 2,000 4 100
2,000 to 10,000 20 200
10,000 to 20,000 40 300
20,000 to 40,000 80 400
40,000 to 80,000 160 500
Care shall be taken to avoid rough handling or contamination of
this chemical. Readily legible warning signs and placards shall be
prominently placed in the storage and processing areas.
(d) Ammonium nitrate:
(1) All flooring in storage and handling areas shall be of non-
combustible material and shall be without drains, traps,
pits or pockets into which any molten ammonium nitrate could
flow and be confined in case of fire.
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(2) Each storage pile of bags or other authorized packages and
containers of such materials shall not exceed twelve (12)
feet in height, twelve (12) feet in width and thirty (30)
feet in length. Such pile units shall be separated by a
clear space of not less than thirty-six (36) inches in width
from the base to the top of the piles. Cross aisles in the
storage area shall be not less than four (4) feet in width.
A clearance of not less than thirty (30) inches shall be
maintained from building walls and partitions and of not
less than thirty-six (36) inches from ceilings or roof
structural members with a minimum of eighteen (18) inches
from sprinklers.
(3) Ammonium nitrate storage areas shall be separated by a space
of thirty (30) feet or by a tight noncombustible partition
from storages of organic chemicals, corrosive liquids, com-
pressed gases, flammable and combustible materials or other
contaminating substances such as sulphur, coal, flour, and
metallic powders such as zinc, copper and magnesium where
storage of such materials is permitted with ammonium nitrate.
(4) Quantities of ammonium nitrate or ammonium nitrate fertiliz-
er, having no organic coating, in the form of crystals,
flakes, grains or pills including fertilizer grade, dynamite
grade, nitrous oxide grade and technical grade ammonium
nitrate and ammonium nitrate phosphate (containing sixty
(60) percent or more ammonium nitrate by weight) of more
than fifty (50) tons total weight shall be stored in a well -
ventilated building. Such building shall be of one -hour
fire -resistive or noncombustible construction as specified
in the building code or shall be equipped with an approved
automatic fire extinguishing system. In populated areas,
quantities of two thousand five hundred (2,500) tons or more
shall be stored in well -ventilated buildings of one -hour
fire -resistive or noncombustible construction as specified
in the building code equipped with an approved automatic
fire extinguishing system. No combustible materials or
ammonium nitrate sensitizing contaminants shall be stored in
this building.
(5) Storage of ammonium nitrate, coated or mixed with organic
anti -caking materials except compounded blasting agents,
shall not be permitted in populated and congested areas.
Outside such areas, quantities of five hundred (500) tons or
less may be stored in well -ventilated buildings of one -hour
fire -resistive or noncombustible construction, as specified
in the building code, equipped with an approved automatic
fire extinguishing system.
(6) Under no circumstances shall ammonium nitrate be stored with
explosives, blasting agents, booster chargers, or detonating
materials.
(7) Avoid material handling practices and maintenance of mate-
rial handling equipment that would result in contamination
5
of the ammonium nitrate with organic materials. Remove and
dispose of contaminated material in an approved manner.
(e) Hydrogen peroxide:
(1) Concentrations over thirty (30) percent to be stored in
permanent containers only in approved locations under spe-
cial permit.
(2) Bulk storage tanks of hydrogen peroxide shall be located out
of doors in vessels equipped with safeguards required by
good engineering practices with due consideration for tem-
perature and concentration.
(3) Dikes or drainage shall be provided to prevent storage area
spills from approaching buildings and other storage. Avoid
drains that may contain other wastes or pass under buildings.
(4) Arrangements shall be made for remote shutoff of hydrogen
peroxide supply.
(5) Unloading stations for tank cars or trucks shall be located
at least one hundred (100) feet from storage tanks, or guard
rails should be provided to prevent mechanical damage by
unloading equipment. Isolate the unloading station from
other material unloading stations. Clearly identify the
pipe connections to prevent introducing any other material
into the hydrogen peroxide system or vice versa. Lock all
fill lines, and assign the key to the person responsible for
the storage tank. Provide water hose near the unloading
stations to wash down any spills. Tank cars and trucks
shall be unloaded and removed promptly. Full tank cars
should be kept on sidings at least one hundred (100) feet
from important buildings or equipment until they are un-
loaded.
Sec. 10-97. Storage of highly toxic materials.
(a) Highly toxic materials are materials so toxic to man as to
afford an unusual hazard to life and health.
(b) Highly toxic materials shall be segregated from other chemi-
cals and combustible and flammable substances by storage in a room or
compartment separated from other areas by a one -hour occupancy separa-
tion construction as specified in the building code. The storage room
shall be provided with adequate drainage facilities and natural or
mechanical ventilation to the outside atmosphere constructed as speci-
fied in the mechanical code.
(c) Legible warning signs and placards stating the nature and
location of the highly toxic materials shall be posted at all
entrances to areas where such materials are stored or used. All
permanent containers and facilities to be marked in accordance with
N.F.P.A. Standard No. 740m. The fire marshal or his representative
upon survey may require placards setting forth emergency procedures in
case of fire.
Sec. 10-98. Storage of poisonous gases.
(a) Storage of poisonous gases shall be in rooms of at least
one -hour fire -resistive construction as specified in the building code
and having natural or mechanicalventilation adequate to remove leak-
ing gas. Such ventilation shall not discharge to a point where the
gases may endanger any person.
(b) Legible warning signs stating the nature of hazard shall be
placed at all entrances to locations where poisonous gases are stored
or used. All pertinent facilities for storage to be marked in compli-
ance with N.F.P.A. Standard No. 704m.
(c) Where severity of hazard is sufficiently dangerous to fire-
fighting operations or other emergency operations, the fire marshal
may require approved breathing apparatus in numbers sufficient to
allow plant personnel to assist emergency personnel in controlling
emergency spills, leaks or ruptures.
Sec. 10-99. Containing and neutralizing or safely flushing away
leakage of corrosive liquids; piping of acids and
corrosive liquids; storage of corrosive liquids; warn-
ing signs.
(a) Satisfactory provisions shall be made for containing and
neutralizing or safely flushing away leakage of corrosive liquids
which may occur during storage or handling. Quantities of approved
absorptive materials shall be maintained in quantities to control any
spill from portablecontainer, drum or carboy. Such material to be
stored in a readily accessible location and employees are to be ade-
quately trained in emergency procedures.
(b) Piping of acids and corrosive liquids in process areas shall
not be in overhead piping unless approved safeguards are taken to
guard against drips, leaks and ruptures.
(c) Storage of corrosive liquids shall be selected to prevent
reaction with building components should leaks or spills occur.
(d) Legible warning signs, stating the nature of hazard, shall
be placed at all storage areas. All permanent facilities for storage
shall be marked in compliance with N.F.P.A. Standard No. 704m.
Sec. 10-100. Storage and handling of materials that are hazardous in
contact with water.
Metals and compounds that react vigorously with water include
lithium, sodium, potassium, calcium, rubidium, cesium, and the alloys
and amalgams of these metals; phosphides, sulfides, borides, nitrides,
selenides, arsenides, carbides, silicides, hydrides, acid anhydrides,
and concentrated acids or alkalies.
7
Sec. 10-102. Transporting hazardous materials.
(a) No person shall operate any vehicle transporting any hazard-
ous materials unless, at the time of such transportation, there is
displayed upon each side and the rear of the vehicle, a sign in
letters not less than three (3) inches in height upon a background of
sharply contrasting color, which shall specifically designate the
cargo. Emergency information such as emergency telephone numbers
along with the appropriate symbol(s) according to N.F.P.A. Standard
No. 704m shall be displayed in an approved manner.
(b) A "Hazardous Materials Route", consisting of State Highway
35 (Main St.) running north to south, FM 518 (Broadway) running east
to west, and the Santa Fe Railroad tracks running north and south is
hereby designated as the authorized routes for the transportation of
hazardous materials. No person shall cause any vehicle transporting
hazardous materials to travel any routes other than the ones estab-
lished herein, except as follows:
1. Vehicles delivering or picking up hazardous materials to or
from commercial and industrial complexes may travel the
nearest and most direct public roadway to said complex.
2. Vehicles containing hazardous materials that are operated by
local businesses, may travel the nearest and most direct
public roadway to said place of business.
(c) Vehicle parking - Except in an emergency, no vehicle trans-
porting hazardous materials shall be left unattended on any
street, highway, alley or parking lot, provided that this
shall not prevent the driver or operator from the necessary
absence from said vehicle in connection with the delivery or
pick up of the load, except that during actual discharge of
said hazardous materials, some responsible person shall be
present at said vehicle; nor shall it prevent stops for
meals during the day or night, provided that said vehicle be
parked in a safe manner; nor shall it prevent said vehicle
from being parked for any reason at an area approved by the
fire marshal.
Sec. 10-103. Handling of emergency conditions; fire protection and
prevention measures generally.
(a) Provisions shall be made in all storage areas .for hazardous
materials, for the proper handling of emergency conditions such as
leaks, spills and ruptures. Employees shall be instructed on proper
procedures for notifying emergency services, appropriate emergency
action, if any; and appropriate evacuation procedures.
(b) Where open flame constitutes a hazard, the fire marshal may
restrict smoking and require posting of "NO SMOKING" signs.
(c) Portable fire extinguishers shall be provided in accordance
with special care to any reactivity between chemicals stored and
extinguisher agent selected.
9
(d) Large fire suppression systems or devices may be required
where determined by the fire marshal.
(e) A conspicuous placard shall be permanently displayed begin-
ning with the words, "In Case of Fire"; such placard shall designate
the fire department phone number and such other safety precautions the
fire marshal deems necessary.
(f) Means shall be available for calling the fire department.
Such means may consist of a proprietary alarm system, fire department
alarm box or telephone not requiring a coin to operate; whichever it
is, it must be within one hundred (100) feet of the storage or manu-
facturing area.
Sec. 10-104. Disposition of hazardous materials incidents.
(a) No hazardous materials of any type shall be disposed of by
any means unless approved by the fire marshal.
(b) Hazardous materials incidents, (spills, leaks, etc.) shall
be cleaned up in an approved manner, beginning immediately upon re-
lease of the scene by the fire marshal. The following principals
shall be responsible for said clean-up.
1. By the carrier or his designee, if on a public roadway or
parking area normally accessible to the public;
2. By the owner or tenant (as determined by the fire marshal)
of private properties where hazardous materials incidents
occur. This shall include fixed properties (buildings,
slabs, etc.) that may be damaged as the result of said
incident.
3. All clean-up costs, reimbursements, etc. shall be the com-
plete responsibility of the carrier, owner(s), tenant(s),
etc. as determined by the fire marshal or investigating
official. Local authorities shall have the right to engage
environmental disposal contractors for clean-up, if
necessary.
Sec. 10-105. Hazardous materials.
The storage and transportation of flammable and combustible
liquids, liquefied petroleum gas, explosives, fireworks, and other
hazardous materials shall be as specified in this code.
Sec. 10-106. Penalty.
Any person, firm or corporation who shall violate or fail to
comply with the requirements of any provision of this article, shall
be guilty of a misdemeanor and shall, upon conviction by a court of
competent jurisdiction, be punished as provided in Section 1-11 of the
City Code of Ordinances.
10
These substances react strongly with water, steam or water solu-
tions to produce heat and flammable or explosive
rials, such as the alkali metals and metal hydrides, Some undergotea
vigorous exothermic reaction with water, evolving hydrogen, which may
be ignited spontaneously by the heat of reaction. The alkali metals
also react strongly with all common extinguishing agents.
The acid anhydrides, concentrated acids, and alkalies will react
to produce considerable heat. Other compounds react with water or
decompose when heated to produce flammable gases or explosive
hydrides. In many cases, these gases are extremely toxic. The vola-
tile hydrides, including those of boron, phosphorous, and arsenic,
will ignite spontaneously in air.
(1) Materials that are hazardous in contact with water shall be
stored and handled in buildings of fire -resistive or damage
limiting construction, safely protected from floods and
windstorm damage.
(2) Complete sprinkler protection shall be provided if ordinary
combustibles are present or if construction is combustible.
Sprinkler water does not increase the hazard of an explosion
because flammable gases released by reaction with water
would ignite immediately. The sprinkler discharge would
protect the building, prevent ignition beyond the immediate
burning zone, and ultimately extinguish or control the fire.
(4) Buildings having these materials shall be dry, cool and well
ventilated. They may be heated indirectly by dry hot air
systems. Avoid the use of steam heating systems. Buildings
shall be designed as for hydrogen storage, with approved
powered roof vents to remove light gases promptly.
(5) Automatic detection and alarm systems to warn of dangerous
accumulations of flammable gases may be required by the fire
marshal where sufficient hazards exist.
(6) The materials shall usually be stored in airtight sealed
containers and handled in dry boxes containing an inert gas
atmosphere.
Sec. 10-101. Construction of cabinets for storage of hazardous mate-
rials.
Cabinets for the storage of hazardous materials shall be approved
and substantially constructed of No. 16 gauge sheet iron or a minimum
of one -inch plywood or equivalent. Doors shall be painted with an
intumescent type paint and shall be conspicuously labeled in red
letters "Hazardous --Keep Fire Away." All facilities to be marked with
the symbols required in N.F.P.A. Standard No. 704m. Where more than
one (1) hazardous chemical is stored in a given cabinet, then list the
most dangerous first, followed by the remaining chemicals.
8