Chapter 7.03
STORAGE REGULATIONS
Sections:
7.03.010 Liquids prohibited by storage temperatures.
7.03.020 Storage quantities enumerated.
7.03.030 Storage tank regulations.
7.03.040 Permit required – Fees.
7.03.050 Certain substances prohibited.
7.03.010 Liquids prohibited by storage temperatures.
It shall be unlawful for any person or the agent or manager thereof to keep or store, or permit the keeping or storing, within the City limits any gasoline, benzine, naphtha or distillate, without regard to the degree of heat Fahrenheit or other test at which it will flash or emit an inflammable vapor, or any other product of petroleum or hydrocarbon liquid which will so flash or emit an inflammable vapor at a temperature lower than 110 degrees Fahrenheit, in any building or in any manner, except as hereinafter provided. (Ord. 2022-4 § 1 (Att. A), 12-13-2022; Ord. 2019-6 § 1 (Att. A), 10-22-2019; Ord. 2016-5 § 1 (Att. A), 11-8-2016; Ord. 2008-1, 2-12-2008)
7.03.020 Storage quantities enumerated.
A. The quantity not exceeding one gallon of any of the liquids or articles mentioned in NCC 7.03.010 may be kept or stored inside the walls of any building in the City; provided, the same be kept or stored in closed cans, bottles or other vessels; provided, however, that this subsection shall not apply to public or private garages or to engine rooms where the aforesaid articles or liquids are kept or stored in the tanks of automobiles or gas engines; and provided further, that this subsection shall not apply to merchants dealing in said articles or liquids where the same are kept or stored in metal cans or tanks, as hereinafter provided:
1. Retail automobile filling stations, which term shall also include public garages selling gasoline at retail, shall be permitted to have maximum storage facilities for gasoline of 10,000 gallons, at any one location, providing the storage facilities shall comply with the requirements of subsection (A)(3) of this section, and that no single storage tank on said premises shall have a maximum storage capacity of over 6,000 gallons.
2. In addition to the quantity of the articles or liquids mentioned in NCC 7.03.010, no more than five gallons of any such articles or liquids mentioned in said section shall be kept or stored on any one premises in the City, except as hereinafter provided, and the said additional five gallons or less must be kept or stored in approved or listed closed metal cans or tanks, outside the walls of any building.
3. Any of the articles or liquids mentioned in NCC 7.03.010 may be kept or stored in bulk in quantities of not more than 12,000 gallons on any one premises in addition to the quantity thereof mentioned in subsections (A)(1) and (2) of this section, if the same be kept or stored in tanks installed pursuant to rules and regulations as found in the California Fire Code and any federal, state, county or municipal code, ordinance, law or regulation pertaining to the storage of such substances.
4. In addition to the quantity of the article or liquid mentioned in NCC 7.03.010, hereinbefore permitted to be kept or stored within the walls of any building by the provisions of subsection (A)(2) of this section, merchants dealing in such articles or liquids may keep or store a quantity thereof, not exceeding 100 gallons, if the same be kept or stored in the original package, to be only disposed of in unbroken packages, said original packages to be kept or stored within the walls of a warehouse, hereinafter in subsection (B) of this section described and provided for, for the keeping or storing of ordinary commercial coal oil or kerosene.
B. The article or liquid known and described ordinarily in commerce as coal oil or kerosene may be kept or stored in metal tanks or in metal cans, properly closed, in quantities of not to exceed 500 gallons, on any one premises in the City, provided the same shall be kept or stored in a warehouse, which shall be properly closed and ventilated, and constructed of brick, stone, concrete or a combination of these materials or, if the said warehouse is erected at least 30 feet from any other structure, it may be built of corrugated iron; in warehouses constructed of corrugated iron the floor shall be either earth or cement concrete. Said warehouse, of whatever material constructed, shall be provided with doors either of iron or wood covered with iron, and the roof shall be composed of some fire-resisting substance, and the said building shall in every respect be as nearly fireproof as possible, and be constructed to the satisfaction of the Fire Chief, hereinafter mentioned.
C. In that portion of the City lying west of the west line of N Street or its extension, no more than 15,000 gallons of the article or liquid commonly known as fuel oil shall be kept or stored on any one premises, and the same shall be kept or stored in tanks sunk in the ground, which shall be properly covered and vented so as to prevent ignition of the contents, to the satisfaction of the Fire Chief of the Fire Department.
1. After the effective date of the ordinance codified in this chapter, no new tanks for the aforementioned purposes shall be constructed in that portion of the City abovementioned, except on the written permission of the City Council first had and obtained, which permission shall be signed by the Mayor and countersigned by the City Clerk and the Fire Chief.
2. The article or liquid mentioned in the preceding subsection may be kept or stored in quantities of not more than 50,000 gallons on any one premises in that portion of the City which lies east of the east line of N Street or its extension, but the same must be so kept or stored in tanks sunk in the ground, which tanks must be constructed and maintained in a safe condition and to the satisfaction of the Fire Chief. And after the effective date of the ordinance codified in this chapter no new tanks for the aforementioned purpose shall be constructed in that portion of the City mentioned in subsection (C) of this section, except on the written permission of the City Council first had and obtained, which permission shall be signed and countersigned as in subsection (C)(1) of this section.
3. When such article of liquid commonly known as fuel oil is used as a fuel in stoves, furnaces or ovens in the City, the same shall be kept or stored and used from a tank not exceeding 200 gallons in capacity. Said tank shall not be placed nearer than 10 feet to any building or structure or any part thereof. The feed pipe from said tank to the burner shall not exceed one-fourth inch in diameter inside, and shall be fitted with an automatic control or shut-off at the burner, and a shut-off at or near the tank. Said tank may be installed either above or below ground in tanks installed pursuant to rules and regulations as found in the California Fire Code and any federal, state, county or municipal code, ordinance, law or regulation pertaining to storage of such substances; providing, however, that no such fuel oil may be kept, stored or used for fuel as herein provided, until after the system, plant, device or apparatus has been inspected by the Fire Chief of the City, and a permit issued therefor by said Fire Chief. (Ord. 2022-4 § 1 (Att. A), 12-13-2022; Ord. 2019-6 § 1 (Att. A), 10-22-2019; Ord. 2016-5 § 1 (Att. A), 11-8-2016; Ord. 2008-1, 2-12-2008; Ord. 87-8, 7-14-1987; Ord. 156, 11-12-1946; Ord. 50, 11-29-1910)
7.03.030 Storage tank regulations.
The storage tank, herein provided for, shall not be covered with earth until the same and its connections have been inspected by the Fire Chief, who shall have the authority to condemn all work under this chapter, including the warehouse provided for herein, from whose order of condemnation the person aggrieved may appeal to the City Council, whose decision shall be final. (Ord. 2022-4 § 1 (Att. A), 12-13-2022; Ord. 2019-6 § 1 (Att. A), 10-22-2019; Ord. 2016-5 § 1 (Att. A), 11-8-2016; Ord. 2008-1, 2-12-2008)
7.03.040 Permit required – Fees.
Upon the completion and inspection of work hereunder, the Fire Chief shall issue a permit allowing the maintenance of the tank or other thing requiring permission and sign the same and deliver it to the Chief of Police, who shall countersign the said permit and deliver the same to the person for whom it is intended, collecting the sum of $1.00 as a fee for the same, which shall be paid to the City Treasurer as other moneys of the City are paid. Upon the delivery of said permit, and not before, the permittee shall be authorized to do or maintain the thing named in said permit. (Ord. 2022-4 § 1 (Att. A), 12-13-2022; Ord. 2019-6 § 1 (Att. A), 10-22-2019; Ord. 2016-5 § 1 (Att. A), 11-8-2016; Ord. 2008-1, 2-12-2008)
7.03.050 Certain substances prohibited.
No person or agent thereof shall keep, store or maintain dynamite, nitroglycerine or giant powder in any quantity within the City without the permission of the Council first being had and obtained; nor shall any person keep in any one building or place more than 100 pounds of ordinary commercial explosive powder, which said powder shall be kept only in a box which shall have on the outside the word “powder” in large letters, painted thereon so the same can be easily seen, the said box to be provided with handholds or handles so that the same can be easily removed in case of danger. Nor shall any such person keep any quantity of phosphorus, unless the same be enclosed in glass jars, or metal cans, which must be filled with water and properly closed. (Ord. 2022-4 § 1 (Att. A), 12-13-2022; Ord. 2019-6 § 1 (Att. A), 10-22-2019; Ord. 2016-5 § 1 (Att. A), 11-8-2016; Ord. 2008-1, 2-12-2008)
7.03.060 Enforcement.
It is made the duty of the Fire Chief to enforce the provisions of this chapter, and for that purpose the Fire Chief or fire official shall have authority to enter upon any premises in the City, at any reasonable hour of the day, for the purpose of inspecting the same or any of the structures, tanks and appliances herein mentioned. (Ord. 2022-4 § 1 (Att. A), 12-13-2022; Ord. 2019-6 § 1 (Att. A), 10-22-2019; Ord. 2016-5 § 1 (Att. A), 11-8-2016; Ord. 2008-1, 2-12-2008; Ord. 50, 11-29-1910)
7.03.070 Zoning.
The construction of new bulk plants for storage of flammable or combustible liquids is restricted to areas of the City of Newman zoned heavy industrial. All existing nonconforming bulk plants for storage of flammable or combustible liquids, which substantially comply with the requirements of this title or any chapter of the California Fire Code, may be continued in use if the Chief grants a permit. (Ord. 2022-4 § 1 (Att. A), 12-13-2022; Ord. 2019-6 § 1 (Att. A), 10-22-2019; Ord. 2016-5 § 1 (Att. A), 11-8-2016)