Ord. 0213 02-22-71The caption of this Ordinance published in accordance wi
Charter of the City of Pearland and said Ordinance shall
the publication which was March 4 1971.
ORDINANCE NO: 213
th Section 3.10 of the Home Rule>-
becorpe effective 10 days after S/i f7/
AN ORDINANCE OF THE CITY OF PEARLAND, TEXAS, REGULATING THE STORAGE, HANDLING
AND USE OF FLAMMABLE LIQUIDS BY RETAIL SERVICE STATIONS; PROVIDING FOR SEVER
ABILITY; REPEALING ORDINANCE NO. 186; AND PROVIDING AN EFFECTIVE DATE HEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS;
SECTION 1: DISPENSING GASOLINE AND OTHER FLAMMABLE LIQUIDS; SELF-SERVICE
STATIONS.
a. The City Council of the City of Pearland does hereby declare its intent
to adopt Article 1111c-1 Vernon's Annotated Penal Code and the rules and regula-
tions adopted by the State of Texas Board of Insurance, to insure uniform force
and effect throughout the State of Texas in enforcing the rules and regulations
for the safe storage, handling and use of flammable liquids at retail service
stations.
b. Until such time as the State of Texas Board of Insurance adopts rules
and regulations for the safe storage, handling and use of Flammable Liquids at
retail service stations the following rules and regulations for the operation
of self-service stations shall prevail, to -wit:
1. Self -Service Stations Defined. That portion of property where
flammable and combustible liquids used as motor fuels are stored, and sub-
sequently dispensed from fixed equipment into the fuel tanks of motor
vehicles by persons other than the service station attendant, and shall
include any facilities available for the sale of other retail products.
2. Attendant. Required. All self-service stations shall have at least
one qualified attendant on duty while the station is open to the public.
During all times that flammable liquids are actually being dispensed, the
attendant's primary function shall be to supervise, observe and control the
dispensing of said liquids. It shall be the responsibility of the attendant
to prevent the dispensing of flammable liquids into portable containers unless
the container is constructed of metal or is approved by the authority having
jurisdiction, has a tight closure with screwed or spring cover, and is fit-
ted with a spout or so designed that the contents can be poured without
spilling. It shall also be the responsibility of the attendant to control
sources of ignition, and to immediately handle accidental spills and fire
extinguishers if needed. The attendant or supervisor on duty shall be able
bodied, shall be capable of readily moving about the premises without the
aid of wheeled appliances, and shall be capable of performing the functions
and assuming the responsibilities covered in this section.
3. Emergency Controls. Emergency controls, including main power shut-
off switch or switches, shall be installed at a location not more than fif-
teen feet from the attendant's principal control location, and not more
than one hundred feet from the dispensers.
4. Operation Instructions. Instructions for the operation of the dis-
pensers shall be conspicuously posted on either the dispenser or the dispens-
er island.
5. Emergency Procedures. A list of emergency procedures and instruc-
tions shall be conspicuously posted at the immediate vicinity of the attend-
ant's principal control location.
6. Clear Observation. The dispensing operation shall at all times be
in clear view of the attendant, and the placing or allowing of any obstacle
to come between the dispensing operation and the attendant so as to obstruct
the attendant's view is prohibited.
7. Attendant's Control and Supervision. At self-service stations
where the remote controlled dispensing device is being used, the attendant
shall be required to remain within arms length distance of the remote con-
trolled console, at all times while flammable liquids are being dispensed.
At all self-service stations where the remote controlled dispensing devise is
not in use, the attendant shall be required to remain at the location of the
dispensing device at all times while flammable liquids are being dispensed.
8. Delivery Nozzles. Hose nozzle valves used at self-service stations
shall be an approved automatic -closing type without a latch -open device.
9. Master Shut -Off Switch. A master shut-off switch, which, when
activated, will shut off the total electrical current supply to all self-
service dispensing devices on the premises, shall be installed at the attend-
ant's principal control location.
10. Signs Required. Non-combustible signs shall be posted in the
vicinity of all self-service dispensing devices, instructing customers of
fire code provisions prohibiting the dispensing of gasoline into containers
other than safety cans or the fuel tanks of motor vehicles and prohibiting
smoking in the area of dispensing.
-2-
SECTION 2: SEVERABILITY.
The City Council of the City of Pearland, Texas, does hereby declare that
if any section, sub -section, paragraph, sentence, clause, phrase, word or portion
of this ordinance is declared invalid or unconstitutional, by a court of compe-
tent jurisdiction, that in such event it would have passed and ordained any and
all remaining portions of this ordinance without the inclusion of that portion
or portions which may be so found to be unconstitutional or invalid and declares
that its intent is to make no portion of this ordinance dependent upon the
validity of any other portion thereof, and that said remaining portions shall
continue in full force and effect.
SECTION 3: REPEAL OF ORDINANCE N0. 186
All ordinances in force when this ordinance becomes effective and which
ordinancesare inconsistent herwith or in conflict with this ordinance are here-
by repealed, insofar as said ordinances are inconsistent or in conflict with this
ordinance. Ordinance No. 186 is specifically repealed.
SECTION 4: EFFECTIVE DATE.
This ordinance shall be effective and in full force and effect after its
passage and publication in the official newspaper of the City of Pearland, Texas.
PASSED AND APPROVED at a regular meeting of the City Council of the City of
Pearland, Texas, at which meeting a quorum was present, on the first reading, this
the 8 day of February
, 1971.
PASSED AND APPROVED at a regular meeting of the City Council of the City of
Pearland, Texas, at which meeting a quorum was present, on the second and final
reading, this the 22 day of February
ATTEST:
DOROTHY COOK
CITY SECRETAR.
CITY OF PEARLAND, TEXAS
, 1971.
D. R. K 'R MAYOR OF THE
CITY OF PEARLAND, TEXAS