Subsection 3406.5.4.5 of the IFC is amended to read as follows:

3406.5.4.5—MOBILE FUELING

3406.5.4.5.1 General. Mobile fueling includes any method of transferring or dispensing motor vehicle fuels into the fuel tanks of on-road motor vehicles from tank or cargo vehicles. Mobile fueling shall be in accordance with this section.

3406.5.4.5.2 Permits. Permits are required for mobile fueling for diesel fuel and shall be issued based upon the standards contained in the International Fire Code. Fueling with Class I flammable liquids is prohibited. A permit is required:

1. To engage in mobile fueling, which permit shall identify permitted vehicles and operators; and

2. For each site where mobile fueling occurs.

3406.5.4.5.3 Prohibited locations.

Mobile fueling is limited to those areas zoned in Title 40 of the Clark County Code allowing vehicle fuel dispensing stations unless otherwise expressly allowed in the International Fire Code, and is expressly prohibited within the following:

1. Critical Aquifer Recharge areas;

2. Locations fifty (50) feet from a body of water or a designated wetland;

3. Areas sloped towards or that provide logical paths that would funnel spilled fuels toward a body of water or wetland; and

4. Planned unit developments (PUD’s) or residentially zoned areas.

3406.5.4.5.4 Prohibited materials. Except as provided in Section 3406.5.4.2, mobile fueling other than diesel fuel is prohibited.

3406.5.4.5.5 Company Requirements. Company Requirements shall be as provided in this Subsection.

3406.5.4.5.5.1 Insurance. Fueling companies shall present proof of an insurance policy in effect in the amount of not less than two million dollars ($2,000,000) per incident that covers the following activities:

1. Property and casualty.

2. Fuel loading and unloading.

3. Fuel transportation.

4. Remedial environmental mitigation.

5. Malicious actions.

The insurance shall name Clark County as an additional insured. The fueling company shall notify the fire marshal, in writing, not less than thirty (30) days prior to the effective date of any termination or material change to the policy or bond.

3406.5.4.5.5.2 Emergency and spill response plan. Fueling companies shall submit a written emergency and spill response plan detailing its preparation and ability to respond to a spill and carry out appropriate mitigation measures and to dispose of hazardous materials and hazardous waste material. The plan shall include:

1. The operator and company spill notification process.

2. The operator’s on-site spill mitigation procedures.

3. The fueling company’s spill mitigation resources and response plan.

4. A description of the fueling company’s spill clean up capability and/or identification of a company approved by the fire marshal contracted by the fueling company to clean up fuel spills.

5. The fueling company’s hazardous material and hazardous waste material disposal process and methods used to safeguard hazardous waste materials on fuel delivery vehicles.

Such plans shall be updated at least annually and approved by the fire marshal prior to issuing or renewing permits or commencing fueling operations.

3406.5.4.5.5.3 Vehicle and operator identification. Fueling companies shall maintain current lists of operators and vehicles used for mobile fueling together with their proof of compliance with the requirements of this section. Copies of the lists and proof of compliance shall be provided to the fire marshal. Any changes to the list or in the status of operators or vehicles shall be reported to the fire marshal in writing.

3406.5.4.5.5.4 Operator requirements. Operators must possess a current state issued Commercial Driver’s License with tank vehicle and hazardous material endorsements. Operators shall be trained annually in the use of fire extinguishers, handling and dispensing motor fuels, spill control and mitigation procedures and the fueling company’s emergency and spill response plan.

3406.5.4.5.6 Vehicle requirements. Vehicle requirements shall be provided in this Subsection.

3406.5.4.5.6.1 Construction and inspection. Vehicles used for mobile fueling shall comply with NFTPA 385 Standard for Tank Vehicles for Flammable and Combustible Liquids, this Section and as approved by the fire marshal. Cargo tanks shall pass an annual visual and kinetic inspection and a five-year internal and pressure inspection per DOT standards. Certification from an approved, DOT registered inspector shall serve as proof of compliance with this section.

3406.5.4.5.6.2 Switch loading. Gasoline or other Class I flammable liquids shall not be used or carried on vehicles used for mobile fueling. Vehicles having empty compartments previously used to carry gasoline or other flammable liquids shall not be used for mobile fueling until such compartments are drained and flushed consistent with switch loading. Switch loading shall be in accordance with 3406.5.

EXCEPTION:

1. The normal fuel tank of the fueling vehicle.

2. The fire marshal may approve limited quantities of gasoline or other flammable liquids to be carried on special or multi-purpose fueling vehicles.

3406.5.4.5.6.3 Fuel hose. Fuel hoses shall be listed for their intended use. Fuel hose shall not be extended further than fifty (50) from the fueling vehicle and shall have a maximum inside diameter of one and one-fourth (1-1/4) inches.

EXCEPTION: Fuel hoses may be extended beyond fifty (50) feet when the operator carries at all times during fueling, a remote emergency shut-off device capable of stopping the fuel flow. The approved distance shall not exceed one hundred twenty-five (125) feet, the maximum operating distance specified by the device manufacturer or the maximum demonstrated operational capability of the shut off device, whichever is less.

A band shall mark fuel hoses at least twelve (12) inches long in a contrasting color at either the fifty (50) foot mark or the alternatively approved maximum extension distance.

3406.5.4.5.6.4 Fuel nozzles. Dispensing nozzles may be either listed automatic closing-types without latch-open devices or auto start and stop types with latch-open devices.

3406.5.4.6.5 Fuel limiting device. Every mobile fueling vehicle shall have installed a device that limits the maximum amount of fuel that can be dispensed during a single fueling evolution to five hundred (500) gallons.

EXCEPTION: The fuel limiting device may be omitted when the operator has on his possession, at all times during fueling, an operational remote emergency shut-off device capable of shutting off the flow of fuel.

3406.5.4.5.6.6 Emergency shut off valve. Every vehicle used for mobile fueling shall have an approved emergency fuel shut off valve capable of immediately stopping the flow of fuel. Such valve shall be clearly identified.

3406.5.4.5.6.7 Fire protection equipment. Every vehicle used for mobile fueling shall have an operational fire extinguisher with a minimum rating of 2A:40B:C.

3406.5.4.5.6.8 Fuel spill kit. Every vehicle used for mobile fueling shall carry a fuel spill kit and a drip pan at all times. The fuel spill kit shall include:

1. Non-water absorbing pads capable of absorbing at least fifteen (15) gallons of fuel,

2. Loose granular absorbent material sufficient to absorb at least five (5) gallons of fuel,

3. An approved storm drain cover,

4. A non-water absorbent containment boom at least ten (10) feet long capable of absorbing at least twelve (12) gallons of fuel,

5. A non-metallic shovel, and

6. Two five (5) gallon buckets with lids.

The fuel spill kit shall be readily available in an uncontaminated location.

The drip pan shall be liquid tight and of at least three (3) gallon capacity.

3406.5.4.5.6.9 Documentation. Every vehicle used for mobile fueling shall carry a copy of the mobile fueling company permit and the spill response plan.

3406.5.4.5.7 Site requirements. Copies of the mobile fueling company permit and the site permit shall be retained at each mobile fueling site. Site permitees shall immediately notify the fire marshal whenever site or procedural alterations occur that might impact mobile fueling or if there is any change in fuel providers.

3406.5.4.5.7.1 Fueling location. A site map showing approved fueling locations shall be conspicuously posted and maintained at each mobile fueling site. In addition to or as an alternative to the site map the fire marshal may require or approve signs and ground markings to identify approved fueling locations. Mobile fueling is prohibited:

1. In any area accessible by the general public.

2. Within fifteen (15) feet of buildings, combustible storage, compressed or liquefied gas tanks or Class I, II or III tanks or storage areas. Where structures used solely for vehicle parking are constructed of non-combustible materials and entirely open on all four sides fueling may occur adjacent to or within the structure.

3. Within twenty-five (25) feet of building openings, storm drains or sources of ignition. The distance to storm drains may be reduced when an approved storm drain cover is placed over the drain prior to commencing fueling. Storm drains that direct intake to approved oil water separators need not be covered.

4. Within twenty-five (25) feet of any property line, street, alley or public way. The distance may be reduced where the ground is distinguishably sloped away from the boundary or when curbs or other approved barriers exist that would prevent liquid flow off-site.

3406.5.4.5.7.2 Unusual hazards. The fire marshal may require additional measures or prohibit mobile fueling at sites with unusual hazards to life or to property.

3406.5.4.5.7.3 Site illumination. Where site yard lighting in approved fueling areas is less than 1.0-foot candle fueling operations shall be limited to daylight hours.

EXCEPTION: Where fueling vehicles are capable of providing an equivalent level of lighting, around both vehicles, fueling may occur at night.

3406.5.4.5.8 Operational requirements. Operational requirements shall be as provided in this Subsection.

3406.5.4.5.8.1 Spill notification. Operators shall report any spill that is not immediately contained by the spill pan and/or absorbent by calling 911. Operators of tank vehicles used for mobile fueling operations shall have in their possession at all times an emergency communications device to notify the proper authorities in the event of an emergency.

3406.5.4.5.8.2 Vehicle location. Fueled and fueling vehicles shall be on the permitted site in approved fueling areas during fueling and shall not block fire apparatus access routes.

3406.5.4.5.8.3 Ignition sources. Smoking and open flames are prohibited within twenty-five (25) of fueling vehicles or points of fueling. Signs stating “No Smoking or Open Flames Within 25 Feet” shall be clearly visible and readable at the fueling vehicle and at the point of fueling at all times. Signs may be permanent or portable.

3406.5.4.5.8.4 Warning lights. The fueling vehicle’s hazard warning lights or a yellow flashing light mounted on the fueling vehicle and visible from all directions shall be activated during fueling.

3406.5.4.5.8.5 Parking brakes and engines. The fueling vehicles parking or emergency brake shall be fully set in the on position during fueling. Engines of both the fueling vehicle and the vehicle being fueled shall be turned off during fueling.

EXCEPTION: Where the fueling vehicle’s engine is required to be operating in order to dispense fuel.

3406.5.4.5.8.6 Hoses in traffic lanes. Fuel hoses shall not extend across traffic lanes without florescent traffic control cones being placed to effectively block traffic from driving over the fuel hose.

3406.5.4.5.8.7 Attendance during fueling. Operators shall not leave the point of dispensing while fuel is being transferred.

3406.5.4.5.8.8 Overfill and drip protection. Operators shall place the required drip pan under the fueled vehicle’s fueling connection during dispensing operations.

EXCEPTION: Absorbent in good condition with a minimum three-gallon capacity may be substituted for the drip pan.

Operators, when fueling, shall have on their person absorbent pads capable of capturing diesel overfill foam and drips from fuel nozzles.

3406.5.4.5.8.9 Topping off. Topping off fuel tanks is prohibited. Fuel expansion space shall be provided in each vehicle fuel tank to prevent overflow. Operators shall cease fueling and remove the fuel nozzle when the automatic shut-off engages.

(Sec. 2 of Ord. 2002-07-22; amended by Sec. 1 of Ord. 2004-06-05; amended by Sec. 1 of Ord. 2006-09-13; amended by Secs. 38, 39 and 40 of Ord. 2007-06-19)