Ord 1642 5/11/1953ORDINANCE 140.
Ab ORDINANCE REGULATING ALID -RESTRICTING THE STORAGE, HANDLING, TRkNSPORTA-
TIGN, SALE, DISPENSING ATND USING OF LIQUEFIED PETROLEUM GAS; DEFII\TING TERMS; PRE-
SCRIBING STANDARDS FOR THE INSTALLATION OF EQUIPMENT AND MATrRIALS AND FOR HANDLING
LIQUEFIED PETROLEUM GAS; LIMITING THE AREAS IN WHICH IT MAY BE TRANSPORTED OR USED;
PROHIBITING I`.i5 USE FOR DOMESTIC, COM14ERCIAL OR IN US`IRIAL PURPOSES ON PRER'IISES,
ANY PART OF WHICH IS WITHIN ONE HUNDRED (100) FEET OF A NATURAL GAS DISTRIBUTION
LINE; PROVIDING FOR THE ABATE�MT OF NUISANCES RESULTING FROM DEFECTIVE EQUIPMENT
OR MATERIALS OR FROM IMPROPER METHODS OF HANDLING LIQUEFIED PETROLEUM GAS; REQUIRING
LICENSES, PERMITS, INSPECTIONS ACID TESTS; REPEALING PROVISIONS IN CONFLICT; RESERVING
A SAVINGS CLAUSE; AND PROVIDING PENALTIES FOR VIOLATIONS.
BE IT ORDkINED BY THE BOARD OF ALDMMI OF 'THE CITY OF WICHITA FALLS, TEXAS:
follows: SECTION 1. The following terms used in this ordinance are defined as
"Liquefied petroleum gas" shall mean and include any material which is
composed predominantly of any of the following hydrocarbons or mixtures of them:
propane, propylene, butanes (normal butane of iso-butane, and butylenes.)
By the term t'Person" shall mean and refer to any natural person or
association of natural person, trustees, receivers, partnership, corporation, orga-
nization or the manager, agent, servant or employee of any of them.
By the term "premises" shall mean the grounds, as well as all buildings
and appurtenances pertaining thereto, and any adjacent premises, if directly or
indirectly under the control of the same person.
By the term "vehicle" shall mean automobiles, trucks, trailers, and all
appurtenances pertaining thereto.
By the term "Railroad Commission" shall mean the Railroad Commission of
the State of Texas or any regularly authorized deputy or agent thereof.
By the term "Inspector', shall mean and include the "Building Inspectortt;
"Fire Marshall' and/or "Fire Chief" of the City of Wichita Falls.
The term "Liquefied Petroleum Gas Docket No. lt, shall mean the rules and
regulations issued by the Railroad Commission of Texas, Liquefied Petroleum Gas
Division.
SECTION 2. No person shall keep, store, retain, handle, haul, transport,
dispense, distribute, use or consume within the corporate limits of the City of
Wichita Falls any liquefied petroleum gas except upon full compliance with the
requirements of this ordinance and with the requirementsof the State of Texas.
SECTION 3. Whenever liquefied petroleum gas equipment is found to be
defective or improperly installed, or is being handled or operated in such manner
as to become a menace to the public safety or welfare, same may be deemed a nuisance
by the Building Inspector or Fire Marshal and/or Fire Chief by the serving of a
written notice upon the owner thereof, or upon the person having control thereof
on the premises, whereupon the matter covered in said notice shall be immediately
remedied or abated.
SECTION 4. No person shall install any tank, container or equipment
for the storing and/or consumption of liquefied petroleum gas, or install any
piping for the distribution or use of liquefied petroleum gas on any premises
within the City of Wichita Falls, until said person shall have secured a permit
from the City of Wichita Falls and shall be regularly licensed by the Railroad
Commission of Texas in accordance with provisions of Article 6053, R. C. S. of
Texas 1925 (as amended 1951).
SECTION 5. In order that the danger of escaping combustible gas may be
minimized and to facilitate the quick detection of gas leaks all liquefied petroleum
gas shall be effectively odorized so as to indicate positively by distinctive odor
the presence of gas down to concentration in air of as much as one-half of one per
cent by volume.
SECTION 6. All containers, equipment and appurtenances installed for the
storage and dispensing of liquefied petroleum gas for the purpose of providing gas
for industrial, commercial and domestic uses shall be designed, constructeg/°equipped
and installed as specified in Liquefied Petroleum Gas Locket No. 1 for the design,
installation and construction of containers, equipment and appurtenances for the
storage and handling of liquefied petroleum gas, and these regulations are on file
with the City Clerk of the City of Wichita Falls and are available for inspection
and examination by the public at all reasonable times.
SECTION 7. All vehicles used for the transportation or removal of liquefied
petroleum gas over the streets, alleys or public thoroughfares of the City of Wichita
Falls shall be designed, constructed and operated in accordance with t;ne published
regulations for the design, construction and operation of automobile tank trucks and
trailers for the transportation of liquefied petroleum gas, as defined in Liquefied
Petroleum,Gap Docket No. 1, which regulations are on file in the Office of the City
Clerk of the City of dichita Falls and may be examined and inspected by the public
at all reasonable tines.
SECTION 8. (a) Persons having liquefied petroleum gas for sale or for
distribution within the corporate limits of the City of Wichita Falls shall not fill
tanks or containers, including tanks and containers on vehicles, with a gas having
a vapor pressure which, at 100 degrees Fahrenheit, is greater than the working
pressure of the said tank or container being filled, nor shall any such gas be
transferred when the pressure in the originating vessel exceeds the safety valve
setting on the receiving container.
(b) No consumer container shall be filled at any but an
approved liquefied petroleum gas tank location.
SECTION 9. (a) All tanks, containers, and appurtenant equipment installed
for use within the corporate limits of the City of Wichita Falls for the purpose of
providing licauefiedl. petroleum gas for industrial, commercial and domestic uses shall
be designed, constructed, equipped and installed in a manner as required by the laws
of the State of Texas as defined in the Liquefied Petroleum Gas Locket No. 1 (regu-
lating the handling and odorization of liquefied petroleum gases and specifications
for the design, construction and installation of equipment used in the transportation,
storage and dispensing of liquefied petroleum gases and adoption of terms and reports)
and all special regulations of the Railroad Commission as now or hereafter promulgated
in conformity with the laws of the State.
(b) Fire extinguishers of the type and size recoiTzended by
the 117nspecting Authority" shall be provided and maintained in good working condition,
at those storage tanks being used for the purpose of transferring liquefied petroleum
gas to motor fuel tanks or other containers.
Storage tank installations shall have adequate protection
in the form of guard rails and/or bumpers to protect them from mechanical injury from
being bumped or run into by trucks or other mobile equipment.
SECTION 10. Containers larger than one thousand (1000) water gallons
capacity shall not be erected, installed or used. Provided that this restriction
shall not be applicable to those containers attached to and used on vehicles for
transportation purposes; and provided further that contaners larger than one thousand
(1000) water gallons capacity may be authorized and installed only after applicant
has first obtained and presented to the proper city officials a written approval of
such installation by the Chief Engineer of the State Fire Insurance Commission and
by the Director of the Liquefied Petroleum Gas ]division of the Railroad Commission
of Texas.
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SECTION 11. Tanks and containers shall not be placed in service or
filled upon the premises of the ultimate user, until the work of installation has
been inspected and approved by the Building Inspector.
SECTION 12. (a)i10 underground liquefied petroleum gas storage tanks
shall be allowed within the City of Wichita Falls.
(b) No dealers or distributors bulk storage installation
for liquefied petroleum gas shall be allowed within the City of Wichita Falls.
SECTION 13. No vehicle containing liquefied petroleum gas shall be
parked or stored on the streets, alleys, public thoroughfares or at any other
point except on premises owned or leased by the owner or employee of said vehicle
and approved as permanent tank locations as provided for in Section 10 of this
ordinance; provided, however, that the vehicle may be parked at the point where the
commodity is to be delivered and such delivery is made without undue delay.
SECTION 14, No liquefied petroleum gas shall be transferred from one vehicle
to another on any streets, alleys, public thoroughfares or at any point other than the
premises on which permanent storage tanks are located, except in case of emergency
such transfer may be made under the supervision of the fire marshal or Fire Depart-
ment.
SECTION 15. Adjustments, changes or alterations in the accessories, devices,
regulators and safety devices of liquefied petroleum gas containers shall not be made
except by those persons or firms authorized by, and in the manner prescribed by, the
rules and regulations adopted by the Railroad Commission of Texas in Liquefied Pe-
troleum Gas Docket No, 1.
SECTION 16, Use of Containers inside Building. By written permission
of Fire Marshal, portab%--lique a pe ro el_um gas con ners may be used but not
stored inside of building when required as a fuel supply container for Underwriters
Laboratory approved torches being used in the construction, repair or improvement
of the building or structure and its fixtures and equipment, or for other industrial
uses. Such installations shall comply with the following additional requirements:
1) Regulator shall be connected directly to cylinder valves.
2) Containers shall not have an aggregate capacity in excess
of 100 pounds.
3) Such containers while being used in a building shall not
be placed so that they are subject to excessive rises in
temperature, mechanical injury, or to tampering by un-
authorized persons.
SECTION 17. Piping, pipe fittings, appliances and other equipment designed
or intended for the distribution and utilization of liquefied petroleum gas, shall m t
be installed, repaired, extended or altered until a detailed set of plans and speci-
fications for such use and equipment has been filed in the office of the Building
Inspector and approval and permits obtained.
SECTION 18. Piping, pipe fittings, appliances and other equipment designed
or intended for the distribution and utilization of liquefied petroleum gas for domestic
and small commercial use shall not be installed, repaired, extended or altered except
that it be made to comply with the following requirements:
(a) Al]. piping appliances and equipment shall be installed
in full compliance with this ordinance and with the regulations of the Railroad
Commission. A master cut-off valve painted red shall be readily accessible to
firemen in case of fire.
(b) Liquefied petroleum gas at pressures in excess of one
pound per square inch shall not be permitted inside buildings without specific approval
of the Building Inspector and Fire Marshal.
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(c) All piping shall be of metal, of a type, quality and
strength suitable for use with liquefied petroleum gas. All pipes shall have welded
joints or threaded joints fitted with approved joint compound which is not soluble when
used with liquefied petroleum gas, or approved tubing with compression or flared
fittings may be used. All piping shall be provided to drain in its entirety to a
point outside of the building or structure in which installed. A suitable and ap-
proved type of liquefied trap shall be installed outside the building or structure in
an approved manner, and no other pocket or low places shall exist in the gas system
irhich might provide a trap for liquid gas. If piping is to be placed underground,
it shall be buried not less than two feet underground in a trench used for no other
purposes.
(d) When an existing natural gas piping system is to be used
for liquefied petroleum gas, all piping of the existing system shall be removed,
checked and installed in the manner prescribed for new liquefied petroleum gas
installations.
(e) All appliances used with liquefied petroleum gases as a
fuel shall meet the requirements of the State of Texas as set out in Liquefied Pe-
troleum Gas pocket No. 1 of the Railroad Commission of Texas.
(f) Floor furnaces shall not be permitted on liquefied
petroleum gas systems.
(g) Liquefied petroleum gas piping, appliances and equipment
shall not be permitted in basements or pits or in any other low place where such gas
can collect to form a dangerous inflamable mixture.
(h) Houses having liquefied petroleum gas piping under the
ground floor and having a continuous or enclosed foundation shall have adequate
vents thru the foundation on all sides to prevent the accumulation of gases in
hazardous concentration.
(i) Natural rubber or leather, including rubber hose, shall
not be used where in any manner exposed to the solvent action of liquefied petroleum
gas.
SECTION 19. Piping, pipe fittings, appliances and other equipment for the
distribution and utilization of liquefied petroleum gas shall not be placed in service
until after same have been tested, inspected and approved by the Plumbing Inspector.
SECTION 20. (a) All containers for hauling or transporting liquefied
petroleum gas upon or over any premises or upon any street, alley or public thorough-
fare within the City of Wichita Falls shall be designed, constructed and operated in
a manner as required by the laws of the State of Texas and all special regulations
of the Railroad Commission as now or hereafter promulgated in conformity with the
laws of the State.
(b) All vehicles, tanks, or containers for transporting
liquefied petroleum gas shall be kept in good condition at all times, and, if found
in use when in hazardous condition or in need of repair, saidize and condition shall
constitute prima facie evidence of a violation of this ordinance.
(c) Railroad cars and trucks and trailers transporting
liquefied petroleum gas in bulk shall not be loaded or unloaded within the corporate
limits of the City of Wichita Falls except on premises that have been approved by
the Building Inspector and Fire Marshal.
(d) No vehicles transporting liquefied petroleum gas shall
be allowed inside the City limits of Wichita Falls unless it has been State approved
and carries a current liquefied petroleum gas vehicles identification card and said
vehicle is maintained in good condition.
SECTION 21. Vehicles transporting liquefied petroleum gas shall use only
the following designated streets for other than local delivery in the City of Wichita
Falls: U. S. 277 (Sheppard Access) from north city limits to intersection of U. S. 287
(Iowa Park Road) on Scott ftom Fifth Street to Sixth, and on Sixth Street from Scott
to Holliday and on Fifth Street from Holliday to West city limits; U. S. 281 (Burkburnett
Road) from North city limits to Burkburnett Street, and on Burkburnett Street to Lincoln,
and on Lincoln to Borth Scott, and on Virginia Street from East Scott to South
city limits; State Highway 72 (Galveston) from Virginia to East ,Scott; Farm
Highway 171 (Jefferson) from Barkburnett Street to East city limits; Loop 11
(Beverly Drive) from North city limits to intersection U. S. 277; U.S. 287 (Iowa
Park Road) from West city limits to Fifth and Scott Streets, on Fifth Street
to Ohio and Ohio to Twelfth Street, on Twelfth Street to Indiana, on Indiana
to Scott, and Scott to East city limits; U. S. 82 (Sixth Street) from Scott
to Ohio.
SECTION 22. Vehicles for hauling or transporting liquefied petroleum
gas shall not be used or driven within the corporate limits of the City of
Wichita. Falls unless a label of approval has been attached or affixed thereon
by the Fire Marshal and there is displayed on the sides or rear of the container
tanks the word "Bataneit or "Propane" in letters having a minimum height of six
(6) inches, except that vehicles operating under license or jurisdiction of the
Interstate Commerce Commission may be driven through the City of Wichita Falls
without first securing a permit, but said vehicles shall not distribute or
discharge any gas within the City of Wichita Falls unless a permit has been
obtained from the Fire 'Marshal.
SECTION 23. It is specifically provided that vehicles using liquefied
petroleum gas for fuel for motive power and self -propulsion, which gas has a
vapor pressure less than two hundred (200) pounds per square inch at 100 degree
Fahrenheit temperature, are exempt from all other requirements of this ordinance
provided they comply with the following requirements:
(a) Tanks or containers for liquefied petroleum gas shall
not exceed 30 water gallon capacity for passenger vehicles and shall not exceed
150 water gallon capacity for all commercial vehicles, including trucks and
buses, and such tanks shall be provided with complete free air ventilation
downward to avoid accumulation of gas and shall be vented with at least a two
inch horizontal vent.
(b) Tanks or containers for liquefied petroleum gas shall
be designed and equipped for a working pressure of at least 200 pounds per square
inch and shall comply fully with the regulations of the Railroad Commission, in-
cluding the regulations relative to excess flow valves and pressure relief valves.
(c) Tanks, containers, regulators, carburetors and all other
equipment to make a complete system for using liquefied petroleum gas as a motor
fuel shall be subject to such further regulation as the Fire IKarshal may find
necessary in the interest of public safety.
SECTION 24. (a) Additional regulations concerning Consumer Storage.
Such rules as may be deemed necessary by the Inspector applying to Bulk Storage
as set forth in Liquefied Petroleum Gas Docket No. 1 shall also apply to consumer
storage.
(b) No person shall use or store liquefied petroleum gas
for domestic, commercial or industrial use or for demonstrating purposes at any
location within the First Fire Zone.
SECTION 25. A permit shall be required for any individual to transfer
liquefied petroleum gas from one container to another within the City of Wichita
F lls. No fee will be charged for this permit. Before permit is issued he must
satisfactorily demonstrate to the inspecting authority his ability to transfer
liquefied petroleum gas. Said permit shall be valid for a period of one year
from date of issue and be revoked by the inspecting authority for any just cause.
SECTION 26. Prior to the installation of any liquefied petroleum gas
system within the City of Wichita Falls, plans and specifications for such
installation, in duplicate, shall be submitted to the inspecting authority for
examination. Upon completion of the examination one copy of the proposed plans
will be returned marked for corrections or tentative approval by the inspecting
authority. Final approval will follow a physical inspection of the completed
installation by the Inspector.
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SEC EON 27. Inspection Fees. A minimum inspection charge of $3.00 shall
be made for a single installation, and a $1.00 charge shall be made for each
additional installation.
SECTION 28. This ordinance is hereby declared to be remedial and shall
be construed to secure the beneficial interests and purposes thereof, which are
public health, safety and welfare, through provisions for safety to life and
property from fire and other hazards incident to the handling, retaining and
use of liquefied petroleum gas within or on buildings and premises within the
corporate limits of the City of Wichita Falls.
SECTION 29. This ordinance shall be construed to be supplemental to the
laws of the State of Texas and of the regulations of the Railroad Commission of
the State of Texas applying to liquefied petroleum gas as now or hereafter existent
or promulgated in conformity with the laws of the State.
SECTION 30. This ordinance shall be deemed to be cumulative of all other
ordinances of the City of Wichita Falls with respect to the building, construction,
repair or installation of any character or buildings, structures or equipment, but
insofar as the provisions of this ordinance are in direct conflict with the pro-
visions of those ordinances, they are hereby expressly repealed.
SECTION 31. If any section, part of a section or provision of any section
of this ordinance shall be held to be void, ineffective or unconstitutional by
a court of competent jurisdiction, the holding of such section, part of section
or provision of any section to be void, ineffective or unconstitutional for any
cause whatsoever shall in no way affect the validity of the remaining sections
and provisions of this cr dinance, which shall remain in full force and effect.
The Board of Aldermen would not have passed any section, parts of sections or
provisions of any section that were unconstitutional, void or ineffective at
the time of adopting this ordinance.
SECTION 32, Any person found guilty of violating any of the provisions
of this ordinance shall be fined in any sum not to exceed One Hundred ($100)
Dollars, and each violation or each day that there is a failure to comply with
terms of this ordinance shall constitute a separate offense.
PASSED AND APPROVED this the f� —17$ day of May, 1953,
ATTEST:
City Clerk
Mayor