FLAMMABLE LIQUIDS

Codified Ordinances of Cleveland pt. THREE, pt. IIID, tit. XI, ch. 383

in effect

Codified Ordinances of Cleveland § 383.01 Scope and Application

§ 383.01 Scope and Application (a) The provisions of this chapter shall govern the use, handling, storage and sale of flammable liquids, and the products thereof, having a flash point of two hundred degrees Fahrenheit (200°F) or less; except that this chapter applies to fuel oil installations and fuel oil storage in connection with oil-burning equipment used for the heating of buildings and for similar purposes only as specified in Chapter 3155. (b) After June 27, 1949, all new installations and new storage of flammable liquid and all use and handling thereof shall be in conformity with this chapter. (c) When existing installations or methods of storage do not conform to the provisions of this chapter and are deemed unusually hazardous to life or to adjacent property by the Fire Chief, such installations and methods of storage shall be altered or changed to substantially conform with the provisions of this chapter. (d) The use, handling and storage of flammable liquid having a vapor pressure above fifteen (15) psi absolute pressure, at one hundred degrees Fahrenheit (100°F), shall be under special permit only, and in conformity with the conditions of the permit prescribed by the Fire Chief. (e) The use, handling and storage of combustible liquid with a flash point over two hundred degrees Fahrenheit (200°F) shall be in conformity with accepted safe practice as approved by the Fire Chief. When deemed necessary, the Board of Building Standards and Building Appeals may promulgate rules or regulations to define accepted safe practice in the use, handling and storage of such combustible liquid. (Ord. No. 991-49. Passed 6-27-49, eff. 6-27-49)

Codified Ordinances of Cleveland § 383.02 Classification

§ 383.02 Classification (a) For the purposes of this chapter, “flammable liquid” means liquid having a flash point of two hundred degrees Fahrenheit (200°F) or less and having a vapor pressure less than forty (40) psi absolute pressure at one hundred degrees Fahrenheit (100°F). Flammable liquids shall be divided into three (3) classes, according to the flash point, as follows: (1) Class I Liquids with flash point at or below twenty degrees Fahrenheit (20°F), Tag. closed cup tester. (2) Class II Liquids with flash point above twenty degrees Fahrenheit (20°F) to seventy degrees Fahrenheit (70°F) Tag. closed cup tester. (3) Class III Liquids with flash point from seventy degrees Fahrenheit (70°F) to two hundred degrees Fahrenheit (200°F), Tag. closed cup tester or, for thick paints or paint vehicles, or other liquids having a flash point above one hundred seventy-five degrees Fahrenheit (175°F), Pensky-Martens closed tester. (b) “Flash point” means the minimum temperature, in degrees Fahrenheit, at which a flammable liquid will give off vapor sufficient to form an ignitable mixture in the air immediately above the liquid or in the vessel in which the liquid is stored. All tests for flash point shall be made in accordance with ASTM D 56, except that pigmented and thick paints or paint vehicles, and liquids having a flash point above one hundred seventy-five degrees Fahrenheit (175°F), may be tested and classified in accordance with ASTM D 93. (c) Representative examples of classes of flammable liquids are: Class I | Flash Point F.(approx.) Class I | Flash Point F.(approx.) Ether | -49 Carbon Bisulfide | -22 Gasoline | -45 Benzol | 12 Collodion | 0 Acetone | 0 Class II | Flash Point F.(approx.) Alcohol (Ethyl) | 55 Amyl Acetate | 70 Toluene | 40 Ethyl Acetate | 25 Naphtha V.M. & P. | 25 - 45 Class III | Flash Point F.(approx.) Kerosene | 100 - 165 Amyl Alcohol | 100 Turpentine | 95 Fuel Oil No. 1 | 100 - 165 Fuel Oil No. 2 | 110 - 190 Fuel Oil No. 3 | 110 - 230 Fuel Oil No. 4 | 150 and more (d) Any manufactured liquid or fluid which is flammable, such as paint, varnish, dryer, cleaning solution or polishing liquid, shall be classified according to the flash point of the mixture. (e) Liquefied petroleum gases shall be subject to the provisions included under Sections 385.18 and 385.19, and shall not be deemed to be flammable liquids as defined in this section. (f) The Police Chief and such members of the Police Division as may be designated by him or her shall designate flammable liquids in addition to the designation in subsection (g) hereof which are subject to drug abuse. The Police Chief shall make his or her determination in consultation with the Fire Chief as to what flammable liquids are subject to drug abuse on the basis of information provided to the Police Chief by such members of the Police Division as may be designated by him or her. The following information, including but not limited to the following, is relevant in determining that a flammable liquid is subject to drug abuse: (1) Possession of the liquid is a crime as provided in Chapter 607; (2) Arrests have been made for possession, use, and abuse of the liquid as provided in Chapter 607; (3) Theft and burglary offenses have been committed to obtain the liquid for drug abuse purposes; (g) Toluene, also known as tuleol, is hereby designated as a flammable liquid which is subject to drug abuse. (h) The Police Chief or his or her designated representative may, from time to time, add to or delete flammable liquids from the list of drug abuse substances promulgated in subsection (g) hereof and pursuant to this section. Notice of additions or deletions to the list of flammable liquids subject to drug abuse shall be published in the City Record for two (2) consecutive weeks. (Ord. No. 2864-78. Passed 1-29-79, eff. 1-30-79)

Codified Ordinances of Cleveland § 383.03 Definitions

§ 383.03 Definitions As used in this chapter: (a) “Container” means any can, bucket, barrel, drum, tank or other vessel in which flammable liquid or mixtures are stored or kept, except stationary or fixed tanks, tank vehicles and tank cars. “Closed container” means a container sealed by a lid, attached pump or other device. (b) “Retail store” means a store or mercantile establishment in which flammable liquids are sold direct to consumers in containers usually portable, and usually in small quantities. (c) “Jobber” means a person, firm or corporation which sells flammable liquids at wholesale and usually in large quantities. (d) “Paint and oil store” means a store or mercantile establishment in which paints, varnishes, oils or other flammable liquids used in painting and finishing are stored, handled and sold at retail. (e) “Painter” means a person, firm or corporation handling and mixing paints, varnishes, oils or other flammable liquids to be used in painting and finishing by himself or herself or his or her employees on premises other than those occupied by him or her. (Ord. No. 991-49. Passed 6-27-49, eff. 6-27-49)

Codified Ordinances of Cleveland § 383.04 Conditions Requiring Permits

§ 383.04 Conditions Requiring Permits (a) No permit shall be required for the temporary storage of paints, oils, varnishes or similar mixtures while being used in painting or refinishing a building or other structure and stored therein for a period not exceeding thirty (30) days, in quantities not exceeding that required for one (1) week’s operations. However, this shall not apply, and permits shall be obtained, for the storing of paints, oils and varnishes kept for maintenance operations. (b) No permit shall be required by an owner, occupant or agent of an owner or occupant, for the use of paints, oils, varnishes and similar mixtures in painting or finishing premises owned or occupied by such owner or occupant, except that a permit shall be required for refinishing bowling alley floors and similar surfaces in places of assembly when highly flammable liquids are used. (c) Except as provided in subsections (d) and (e) hereof, no permit shall be required by a painter for the storage, use and handling of flammable liquids required for his or her trade or business, provided that no such liquids in excess of those required for the conduct of his or her trade or business are stored, and none are sold at wholesale or retail or regularly stored by him or her in buildings of residential occupancy classification or in other locations where prohibited by this chapter or deemed hazardous to the occupancy by the Division of Fire. It is provided further that the location of each such place of storage shall be registered with the Division and the location, quantity and manner of storing and handling of such flammable liquids, the precautions against fire and the provisions for fire fighting, shall be subject to the inspection, order and approval of the Division. (d) A permit shall be required for the regular storage of flammable liquids in excess of an aggregate of five (5) gallons within any building or on the premises of any building of residential occupancy, business occupancy, institutional occupancy, assembly occupancy or educational occupancy classification. (e) A permit shall be required for the regular storing or handling of flammable liquids in excess of the following quantities within or outside or on the premises of any building of industrial occupancy, storage occupancy or high hazard occupancy classification: Gallons | Class Liquid 10 | I 25 | II 25 | III inside building 55 | III outside building (f) No retail store, jobber, paint and oil store, hardware store, drug store or other mercantile establishment shall store, handle or sell flammable liquid unless a permit to do so has been obtained from the Fire Chief, except that no permit shall be required by a mercantile establishment to store, handle or sell perfumes, hair tonics, medicinal or toilet preparations or shoe polish, or similar mixtures intended for domestic or household use. (g) Every certificate of occupancy issued after June 27, 1949, shall state the quantity, character, location and method of storage of flammable liquid permitted on the premises as approved by the Chief. A new certificate of occupancy shall be obtained whenever there is any increase in the quantity, or substantial change in the character, location or method of storage of flammable liquid on such premises. (Ord. No. 991-49. Passed 6-27-49, eff. 6-27-49)

Codified Ordinances of Cleveland § 383.05 Storage Limitations when Not in Fire- Resistive Rooms

§ 383.05 Storage Limitations when Not in Fire- Resistive Rooms (a) The provisions of this section shall not apply to buildings, each occupied by one (1) tenant and used for the manufacturing or processing of flammable liquid, provided such buildings are adequately isolated from other premises and do not present a conflagration hazard to the community. (b) In applying the provisions of this section, each part of a building which is separated from all other parts by construction having a fire resistance rating commensurate to the fire load but of not less than one (1) hour may be deemed to be a separate building, and each such part may contain the maximum quantities hereinafter specified. (c) Except as provided in subsections (a) and (b) hereof, or in Section 383.17, or as may be further limited or restricted by this Fire Prevention Code, the maximum quantity of flammable liquid stored or kept in containers in buildings and not stored or kept in rooms conforming to the provisions of Section 3129.43(c), or stored or kept in stationary or fixed tanks conforming to the applicable provisions of this chapter, shall be as follows: (Chapters 3125 to 3131 shall govern limits and restrictions applicable to occupancies other than high hazard occupancy.) (1) Class I Liquid. A. In buildings of Type IV, wood construction: in the Inner or Outer Fire District, none; in the Urban District, an aggregate of ten (10) gallons in sealed containers or safety cans of not more than one (1) gallon capacity each; B. In buildings of Type I, fireproof, Type II, incombustible, or Type III, exterior protected construction: an aggregate of fifty (50) gallons in sealed containers or safety cans of not more than one (1) gallon capacity each. (2) Class II Liquid. A. In buildings of Type IV, wood construction: in the Inner or Outer Fire District, none; in the Urban District an aggregate of fifty (50) gallons in sealed containers or safety cans of not more than five (5) gallons capacity each; B. In buildings of Type I, fireproof, Type II, incombustible or Type III, exterior protected construction: an aggregate of sixty (60) gallons in sealed containers or safety cans of not more than five (5) gallons capacity each or barrels or drums not exceeding sixty (60) gallons capacity each. (3) Class III Liquid. In buildings of any type of construction; an aggregate of three thousand (3,000) gallons in sealed containers or safety cans not exceeding five (5) gallons capacity each or barrels or drums not exceeding sixty (60) gallons capacity each. (4) Substitution of Liquids of Higher Flash Point. Class II or III liquid, in the same quantity, may be substituted for the permitted quantity of Class I liquid, and Class III liquid, in the same quantity, for the permitted quantity of Class II liquid. When substitutions are made, the maximum size of container may correspond to that permitted for storage of the class of liquid substituted. (d) Flammable liquid in excess of the quantities given above or contained within containers exceeding the capacities specified above shall be stored either within rooms conforming to the provisions of Section 3129.43(c), or stored in aboveground or underground tanks as prescribed in this chapter, Chapters 385 and 3129, or stored in approved separate storage houses approved for such storage, or in drums or barrels stored outdoors in an approved isolated location. (Ord. No. 991-49. Passed 6-27-49, eff. 6-27-49)

Codified Ordinances of Cleveland § 383.06 Storage in Dwellings and Row Houses

§ 383.06 Storage in Dwellings and Row Houses (a) Flammable liquid with flash point of ninety degrees Fahrenheit (90°F) or less shall not be stored or used in dwelling houses or row houses in quantities aggregating more than five (5) gallons, and all such liquid shall be in containers not exceeding one (1) gallon capacity. Containers shall be kept tightly sealed when not in actual use. (b) Sections 385.73(h) to (m) and 3155.32 shall govern the storage and use of fuel oil and the installation of oil-fired appliances and equipment. (Ord. No. 991-49. Passed 6-27-49, eff. 6-27-49)

Codified Ordinances of Cleveland § 383.07 Storage in Garages

§ 383.07 Storage in Garages The storing and handling of flammable liquids in garages and the application of flammable finishes shall be done in conformity with the applicable provisions of this chapter and Chapter 385. (Ord. No. 991-49. Passed 6-27-49, eff. 6-27-49)

Codified Ordinances of Cleveland § 383.08 Storage in Multiple Dwellings

§ 383.08 Storage in Multiple Dwellings (a) No use or occupancy classified as high hazard occupancy shall be contained within any multiple dwelling, except that paint and oil stores, liquor stores and other retail stores of similar hazard may be permitted when separated from other occupancies in the building by approved occupancy separations, and when a permit for such use is issued by the Fire Chief and a certificate of occupancy therefor is issued by the Commissioner of Building. (b) The provisions of this subsection apply to the storage of flammable liquid in parts of multiple dwellings classified as residential occupancy. The storage of flammable liquids in mercantile occupancies within such multiple dwellings shall be subject to the provisions of Section 383.17. (c) No flammable liquid, in excess of an aggregate of five (5) gallons shall be stored without a permit from the Division of Fire. Flammable liquid with a flash point of ninety degrees Fahrenheit (90°F) or less shall be in containers not exceeding one (1) gallon capacity. Containers of flammable liquid shall be kept tightly sealed when not in use. (d) Flammable liquid, including paint, stored in excess of such aggregate of five (5) gallons, shall be stored and used in conformity with the provisions of this chapter. Except as otherwise provided for the storage of fuel oil, all storage of flammable liquids in excess of an aggregate of five (5) gallons shall be within rooms or spaces contained within incombustible walls or partitions having a fire resistance rating of not less than one and one-half (1-1/2) hours with openings protected with self-closing doors having a fire resistance rating of not less than one and one-half (1-1/2) hours. Ceilings of such rooms or spaces shall have a fire resistance rating of not less than one (1) hour. (e) Except as provided in subsection (d) hereof, each such storage room or space shall conform to the provisions of Section 3129.43(c). (f) Sections 385.73 and 3155.22 shall govern the storage and use of fuel oil and the installation of oil- fired appliances and equipment. (g) All flammable liquid stored within any multiple dwelling shall be stored only in conformity with the provisions of subsections (b) to (f) hereof. (Ord. No. 341-A-55. Passed 6-27-55, eff. 7-1-55)

Codified Ordinances of Cleveland § 383.09 Storage in Business Occupancy

§ 383.09 Storage in Business Occupancy (a) The provisions of this section apply to the storage of flammable liquids in parts of buildings classified as of business occupancy. The storage of flammable liquids in mercantile occupancies shall conform to the provisions of Section 383.17. (b) No flammable liquid in excess of an aggregate of five (5) gallons shall be stored without a permit from the Division of Fire. Flammable liquid with a flash point of 90° F or less shall be in containers not exceeding one (1) gallon capacity. Containers of flammable liquid shall be kept tightly sealed when not in use. (c) Flammable liquid, including paint, stored in excess of an aggregate of five (5) gallons, shall be stored and used in conformity with the provisions of this chapter, and Sections 381.05, 385.35, 391.29 and 3129.34 to 3129.50. Except as otherwise provided in the Fire Prevention and Building Codes for the storage of fuel oil, all storage of flammable liquids in excess of an aggregate of five (5) gallons shall be within rooms or spaces contained within incombustible walls or partitions having a fire resistance rating of not less than one and one-half (1-1/2) hours with openings protected with self-closing doors having a fire resistance rating of not less than one and one-half (1-1/2) hours. Ceilings of such rooms or spaces shall have a fire resistance rating of not less than one (1) hour. (d) Except as provided in subsection (c) hereof, each such storage room or space shall conform to the provisions of Section 3129.43(c). (e) Sections 385.73(a) to (g) and 3155.32 shall govern the storage and use of fuel oil and the installation of oil fired appliances. (Ord. No. 991-49. Passed 6-27-49, eff. 6-27-49)

Codified Ordinances of Cleveland § 383.10 Storage in Mercantile Occupancy

§ 383.10 Storage in Mercantile Occupancy (a) Sections 383.04, 383.17, 385.63 and 385.64 shall govern the storage and handling of flammable liquids and pyroxylin products within buildings and parts of buildings of mercantile occupancy classification. (b) Storage rooms and spaces for the storage of flammable liquid shall conform to the provisions of Section 3129.43(c). Except when lesser fire resistance rating is specifically approved by the Commissioner of Building for storage not exceeding a fire load of ten (10) pounds per square foot, such rooms or spaces shall be enclosed within incombustible walls or partitions having a fire resistance rating of not less than one and one-half (1-1/2) hours with openings protected with self-closing doors having a fire resistance rating of not less than one and one-half (1-1/2) hours, and ceilings of such rooms or spaces shall have a fire resistance rating of not less than one (1) hour. (c) The storage and handling of flammable liquid at service stations shall conform to the applicable provisions of this chapter. Gasoline storage at service stations shall be in approved underground tanks. (d) Sections 385.73(a) to (g) and 3155.32 shall govern the storage and use of fuel oil and the installation of oil-fired appliances. (Ord. No. 991-49. Passed 6-27-49, eff. 6-27-49)

Codified Ordinances of Cleveland § 383.11 Storage in Storage Occupancy

§ 383.11 Storage in Storage Occupancy (a) No flammable liquid in excess of the quantities specified in Section 383.04(e) shall be stored in any building or part of a building of storage occupancy classification without a permit from the Fire Division. Sections 381.05, 385.35, 391.29 and 3129.34 to 3129.50 shall govern permits required for storing other hazardous substances. (b) When issuing permits for the storage of flammable liquid and other hazardous substances, the Fire Chief may prescribe maximum quantities, maximum height at which such material may be stored and other conditions necessary for safety or efficient fire fighting. (c) Storage of any of the hazardous substances listed in Section 3129.34 shall be in substantial conformity with the provisions for such storage included in Sections 381.05, 385.35, 391.29 and 3129.34 to 3129.50. (Ord. No. 991-49. Passed 6-27-49, eff. 6-27-49)

Codified Ordinances of Cleveland § 383.12 Storage in Industrial Occupancy

§ 383.12 Storage in Industrial Occupancy (a) No flammable liquid in excess of the quantities specified in Section 383.04(e) shall be stored in any building or part of a building of industrial occupancy classification without a permit from the Fire Division. Sections 381.05, 385.35, 391.29 and 3129.34 to 3129.50 shall govern permits required for storing or handling other hazardous substances. (b) Storing or handling of any of the hazardous substances listed in Section 3129.34 shall be in conformity with the provisions of this chapter, Chapters 385 and 3129. (Ord. No. 991-49. Passed 6-27-49, eff. 6-27-49)

Codified Ordinances of Cleveland § 383.13 Storage in Institutional Occupancy

§ 383.13 Storage in Institutional Occupancy (a) No flammable liquid in excess of an aggregate of five (5) gallons shall be stored in any building of institutional occupancy classification without a permit from the Division of Fire. (b) Flammable liquid, including paint, stored in excess of an aggregate of five (5) gallons, and all flammable or explosive gases, and all gases which support combustion or promote oxidation such as oxygen and nitrous oxide, shall be stored and used in conformity with the applicable provisions of Sections 381.05, 385.35, 391.29 and 3129.34 to 3129.50. Except as otherwise provided in the Fire Prevention and Building Codes for the storage of fuel oil, all such storage shall be within rooms or spaces contained within incombustible walls or partitions having a fire resistance rating of not less than one and one-half (1-1/2) hours with openings protected with self-closing doors having a fire resistance rating of not less than one and one-half (1-1/2) hours. Ceilings of such rooms or spaces shall have a fire resistance rating of not less than one (1) hour. (c) Except as provided in subsection (b) hereof, each such storage room or space shall conform to the provisions of Section 3129.43(c). (d) Flammable or explosive liquids or gases shall be stored in separate rooms from oxygen and oxidizing agents. (e) Flammable gases, other than illuminating gas, and including hydrogen, ether and other flammable or explosive anesthetics; all gases which support combustion or promote oxidation or are flammable or explosive when combined with other gases, and all gases under pressure, shall be stored within cylinders conforming to the requirements of the Interstate Commerce Commission and bearing the ICC label. All such containers shall be clearly marked to indicate the gases contained within them. All cylinders, except those containing low pressure oxygen, shall have approved regulators or other approved gas flow control devices. No equipment shall be used which might result in the intermixing of different gases from various cylinders by an error in manipulation. (f) Cylinders containing flammable, explosive or oxidizing gases shall be removed from the storage room or space only as needed for immediate use. (g) Every room in which flammable gases are administered as anesthetics shall have provisions for mechanical ventilation which will provide not less than twelve (12) air changes per hour and will maintain a temperature of not less than seventy degrees Fahrenheit (70°F) and a relative humidity of not less than fifty percent (50%). All air exhausted from such rooms shall be discharged outdoors and none shall be recirculated. (h) Every room in which flammable gases are administered as anesthetics shall have an approved floor of conductive material, or an approved floor equipped with a conductive grid, properly grounded, to draw off charges of static electricity from objects and persons thereon. (i) Electrical equipment in rooms where flammable gases are administered as anesthetics shall be explosion-proof and shall conform to the applicable provisions of Chapter 3161. (j) No open flames, and no device equipped with gas burners, shall be installed or maintained within any room in which flammable gases are administered as anesthetics. (k) Section 385.73(a) to (g) shall govern the storage and use of fuel oil and the installation of oil- fired appliances. (Ord. No. 991-49. Passed 6-27-49, eff. 6-27-49)

Codified Ordinances of Cleveland § 383.14 Storage in Assembly Occupancy

§ 383.14 Storage in Assembly Occupancy (a) No flammable liquid in excess of an aggregate of five (5) gallons shall be stored in any building of assembly occupancy classification without a permit from the Division of Fire. No flammable liquid in any quantity shall be kept or stored in any location where deemed hazardous by the Fire Chief. No flammable liquid shall be contained within the fuel tank of any motor vehicle placed on exhibition in a place of public assembly. (b) No flammable gas of any kind whether natural gas, manufactured gas or compressed gas, shall be stored or used in any part of a building of assembly occupancy classification accessible to the public, or in any room or space of assembly occupancy, except for the preparation of food in kitchens where adequate approved and independent means of natural or mechanical ventilation are provided, or for heating by means of properly vented approved appliances, or for special necessary purposes when approved by the Commissioner of Building. (c) Bowling pin finishing or refinishing operations shall be performed only in separate rooms used only for that purpose conforming to the provisions of Section 3129.43(c), except that the fire resistance rating of walls and partitions shall be not less than one and one-half (1-1/2) hours, and of floors and ceiling construction not less than one (1) hour. (d) No flammable liquid shall be used for refinishing within any building or part of a building of assembly occupancy classification at a time when any part of the building is in use by the public, and no such building shall again be used by the public until all flammable vapor and dust have been removed. (e) Sections 385.73(a) to (g) and 3155.32 shall govern the storage and use of fuel oil and the installation of oil-fired appliances. (Ord. No. 991-49. Passed 6-27-49, eff. 6-27-49)

Codified Ordinances of Cleveland § 383.15 Storage in Educational Occupancy

§ 383.15 Storage in Educational Occupancy (a) No flammable liquid in excess of an aggregate of five (5) gallons shall be stored in any building of educational occupancy classification without a permit from the Division of Fire. (b) Flammable liquid, including paint, stored in excess of an aggregate of five (5) gallons, and all flammable or explosive gases, and all gases which support combustion or promote oxidation, such as oxygen, shall be stored and used in conformity with the applicable provisions of Sections 381.05, 385.35, 391.29 and 3129.34 to 3129.50. Except as otherwise provided in the Fire Prevention and Building Codes for the storage of fuel oil, all such storage shall be within rooms or spaces contained within incombustible walls or partitions having a fire resistance rating of not less than one and one-half (1-1/2) hours with openings protected with self-closing doors having a fire resistance rating of not less than one and one-half (1-1/2) hours. Ceilings of such rooms or spaces shall have a fire resistance rating of not less than one (1) hour. (c) Except as provided in subsection (b) hereof, each such storage room or space shall conform to the provisions of Section 3129.43(c). (d) Flammable or explosive liquids or gases shall be stored in separate rooms from oxygen and oxidizing agents. (e) Flammable gases, other than illuminating gas, and including acetylene and other flammable or explosive gases, all gases which support combustion or promote oxidation or are flammable or explosive when combined with other gases, and all gases under pressure, shall be stored within cylinders conforming to the requirements of the Interstate Commerce Commission and bearing the ICC label. All such containers shall be clearly marked to indicate the gases contained within them. All cylinders, except those containing low pressure oxygen, shall have approved regulators or other approved gas flow control devices. No equipment shall be used which might result in the intermixing of different gases from various cylinders by an error in manipulation. (f) Cylinders containing flammable, explosive or oxidizing gases shall be removed from the storage room or space only as needed for immediate use. (g) Sections 385.73(a) to (g) and 3155.32 shall govern the storage and use of fuel oil and the installation of oil-fired appliances. (Ord. No. 991-49. Passed 6-27-49, eff. 6-27-49)

Codified Ordinances of Cleveland § 383.16 Storage During Demolition or Building Moving

§ 383.16 Storage During Demolition or Building Moving The storage of flammable liquids shall be limited to the amount necessary for immediate use, and they shall be stored and handled in a safe and approved manner. Flammable liquids with flash point less than ninety degrees Fahrenheit (90°F) and in excess of one (1) day’s supply shall be stored in approved standard storage cabinets conforming to the provisions of Section 3129.43(d). Flammable finishing material in excess of that required for three (3) days’ operations shall be stored in approved fire resistive rooms for storing or handling hazardous substances substantially conforming to the provisions of Section 3129.43(c). (Ord. No. 991-49. Passed 6-27-49, eff. 6-27-49)

Codified Ordinances of Cleveland § 383.17 Storage in Stores and Mercantile Establishments

§ 383.17 Storage in Stores and Mercantile Establishments (a) Maximum Quantity. The storage of flammable liquids within the sales space of any retail store, paint and oil store or other mercantile establishment shall not exceed the limits set in Section 383.05, and shall not exceed the following quantities in any one (1) establishment or fire area: (1) The aggregate quantity of flammable liquid with flash point less than ninety degrees Fahrenheit (90°F) shall not exceed one hundred (100) gallons and of this quantity not more than one-half (1/2) shall be liquid with flash point of twenty-five degrees (25°F) or less. (2) The aggregate quantity of flammable liquid with flash point of ninety degrees Fahrenheit (90°F) or more shall not exceed three thousand (3,000) gallons. (b) Material and Size of Containers. In retail stores, paint and oil stores, hardware stores, drugstores and other mercantile establishments, flammable liquids within the sales space, and all Class I liquids in any location, shall be stored, handled and sold in sealed containers conforming to the following requirements: (1) Liquids with flash point of fifty degrees Fahrenheit (50°F) or less shall be in metal or other approved incombustible nonfragile containers not exceeding one (1) gallon in size except that glass containers not exceeding one (1) quart in size may be used for shellac and other flammable liquids with a flash point more than twenty-five degrees Fahrenheit (25°F) which are shown to be unstable when stored in metal containers, and except that glass containers not exceeding four (4) ounce capacity may be used for flammable liquid irrespective of flash point. (2) Flammable liquids with flash point of fifty degrees Fahrenheit (50°F) or more shall be in metal or other approved incombustible nonfragile containers not exceeding five (5) gallons capacity except that flammable liquids with a flash point of ninety degrees Fahrenheit (90°F) or more may be in glass containers not exceeding one (1) gallon capacity. (c) Storage in Fire-Resistive Storage Rooms. Storage of flammable liquid in excess of the quantities specified in subsection (a) hereof, and storage of flammable liquid in metal containers or other approved incombustible containers exceeding the capacities specified in subsection (b) hereof, but not exceeding sixty (60) gallon capacity, shall be either within rooms conforming to the provisions of Section 3129.43(c), or in aboveground or underground tanks as prescribed in this chapter and Chapters 385 and 3129, or in approved separate storage houses approved for such storage, or in drums or barrels stored outdoors in an approved isolated location. Class I liquids stored within such fire- resistive rooms shall be in sealed containers not exceeding the sizes specified in subsection (b)(1) hereof. (d) Dispensing. (1) The provisions of this subsection (d) shall not apply to the mixing or compounding of medicines by a registered pharmacist. (2) Except as provided in subsections (d)(1) and (4) hereof, there shall be no dispensing of flammable liquid by drawing into a container within the sales space of any retail store, paint and oil store, hardware store, drugstore or other mercantile establishment. (3) Any Class I liquid stored or handled within the sales space of any retail store, paint and oil store, hardware store, drugstore or other mercantile establishment shall be in sealed containers, and none shall be dispensed or transferred from one (1) container to another except as provided in subsection (d)(1) hereof. (4) Flammable anti-freeze liquid with a flash point of fifty degrees Fahrenheit (50°F) or more, and Class III liquid, may be dispensed in the rooms of a service station building, provided there is no open flame which is less than eight (8) feet above the floor level within the room where dispensing of flammable liquid with a flash point of one hundred degrees Fahrenheit (100°F) or less is done, or within the range of vapor flow from containers of flammable liquid with flash point of one hundred degrees Fahrenheit (100°F) or less, and provided no container of flammable liquid with flash point of one hundred degrees Fahrenheit (100°F)or less in such room exceeds sixty (60) gallon capacity. (5) Flammable liquid with a flash point of ninety degrees Fahrenheit (90°F) or more, such as kerosene or turpentine, and flammable anti-freeze with a flash point of fifty degrees Fahrenheit (50°F) or more, may be dispensed within a retail store, paint and oil store, hardware store, drugstore or other mercantile establishment if the dispensing or drawing of such liquid is done within a room, separate from the sales space, provided with approved natural or mechanical ventilation adequate to prevent fire and health hazards and enclosed in partitions, floor and ceiling construction and self-closing doors having a fire resistance rating of not less than three-fourths (3/4) hour, and provided further that there is no source of ignition which is less than eight (8) feet above the floor level within the room where dispensing is done or within the range of vapor flow, and no container within such room exceeds sixty (60) gallon capacity. (6) The floor surface in any such dispensing room shall be of incombustible material. (7) All withdrawal from containers exceeding ten (10) gallon capacity shall be done by means of approved pumps. No withdrawal from such containers shall be by operation of a pressure or gravity system. (e) Construction Requirements. (1) Every retail store, paint and oil store, hardware store, drugstore or other mercantile establishment in which flammable liquid is stored, handled and sold, contained within any building of residential occupancy classification, shall be separated from other occupancies in the same building by an occupancy separation having a fire resistance rating of not less than three-fourths (3/4) hour. (2) Whenever any basement or cellar in any retail store, paint and oil store, hardware store, drugstore or other mercantile establishment is used for storing, handling or selling flammable liquid, the floor construction above such basement or cellar shall have a fire resistance rating of not less than three-fourths (3/4) hour. (3) There shall be not less than two (2) approved means of egress from the sales area of all retail stores, paint and oil stores, hardware stores, drugstores or other mercantile establishments storing in excess of an aggregate of three hundred (300) gallons of flammable liquid in the sales area. (f) Labeling. All containers in which flammable liquid is sold to the retail trade or for domestic or household use shall have a warning label or marking. Such warning label or marking shall conform to nationally recognized standards therefor approved by the Division of Fire. (Ord. No. 991-49. Passed 6-27-49, eff. 6-27-49)

Codified Ordinances of Cleveland § 383.18 Storage in Fire-Resistive Storage Rooms

§ 383.18 Storage in Fire-Resistive Storage Rooms (a) Flammable liquid stored within fire resistive storage rooms and not stored in approved stationary or fixed storage tanks shall be within approved containers or safety cans not exceeding sixty (60) gallon capacity. No open containers shall be permitted and caps, plugs and bungs shall be in place and containers closed except when being filled or emptied. A container with an attached approved dispensing pump shall be deemed to be a closed container. (b) Containers shall be stored on or in suitable incombustible racks or cabinets, or shall be stored on racks of wood heavily treated so as to make them fire- resistant, or shall be stored on suitable approved open strip-type pallets or dunnage which may be of untreated wood. All storage shall be so arranged that Fire Division access for fire fighting purposes shall not be obstructed and so that efficient operation of any automatic fire extinguishing system shall not be prevented. No containers shall be stored by being piled one on top of another without provisions for maintaining the piles in a stable condition by the use of pallets or other suitable supports. (c) Whenever practicable, withdrawal from containers or from stationary or fixed tanks shall be by pumping. Incombustible drip pans shall be provided to catch all drip or overflow. (Ord. No. 991-49. Passed 6-27-49, eff. 6-27-49)

Codified Ordinances of Cleveland § 383.19 Storage and Handling of Class I and Class II Liquids

§ 383.19 Storage and Handling of Class I and Class II Liquids (a) Bulk storage of Class I liquid shall be in underground storage tanks or in outdoor aboveground storage tanks, except that outdoor aboveground storage tanks shall not be installed at gasoline service stations or garages. Storage in containers shall conform to the limitations specified in Sections 383.05, 383.17, 383.18 and 383.27. (b) No outlet from a discharge system from a stationary or fixed tank for storing or handling Class I or Class II liquid shall be within a building unless such discharge outlet is within a room which conforms to the provisions of Section 3129.43(c), or is connected to an approved system of piping equipped with approved manual and automatic safety devices which will prevent the continued flow of liquid in case of fire or breakage of piping. (c) Except as provided in subsection (d) hereof, no containers exceeding five (5) gallon capacity shall be opened or used in buildings not devoted primarily to the manufacturing or processing of flammable liquid, except within a room conforming to the provisions of Section 3129.43(c). (d) In manufacturing plants, where necessary for the processes involved, and in garages, the Fire Chief may authorize the storing and handling of Class I and Class II liquids in portable wheeled tanks conforming to Class C of NFPA Standard No. 30 entitled “Flammable and Combustible Liquids Code” or in closed containers not exceeding sixty (60) gallon capacity. In plants devoted primarily to the manufacture or processing of flammable liquid the Chief may authorize the handling of Class I or Class II flammable liquid in approved covered portable or wheeled containers not exceeding one hundred fifty (150) gallon capacity. (e) So far as practicable, the use of flammable liquids shall be from approved safety cans or by pumping from sealed containers. (f) Flammable liquid in kettles, vats or tanks and being processed in a plant which processes or manufactures flammable liquid shall not be deemed to be in storage. (Ord. No. 991-49. Passed 6-27-49, eff. 6-27-49)

Codified Ordinances of Cleveland § 383.20 Tanks for Class I or Class II Liquid Buried Within Buildings

§ 383.20 Tanks for Class I or Class II Liquid Buried Within Buildings (a) No storage tank for Class I or Class II liquid shall be buried within a building except under special permit from the Division of Fire, and no such permit shall be issued where such tank can practicably be located on the premises outside the building. (b) No storage tank for Class I or Class II liquid shall be buried within a building except in buildings of storage occupancy, high hazard occupancy or industrial occupancy classification, and all such storage tanks shall be so located and protected as to present the minimum practicable hazard to the occupants. (c) In such buildings, two (2) storage tanks for Class I or Class II liquid, not exceeding five thousand (5,000) gallon aggregate capacity, may be installed under a concrete floor construction at the lowest floor level provided they are so located and installed that any seepage or leakage therefrom will not drain into the basements or cellars of adjacent properties. (d) All tanks buried within buildings shall be not less than three (3) feet below the floor, measured from the top of the tank to the floor level directly above. (e) The floor directly above such tanks, and for a distance of not less than two (2) feet on all sides above such tanks, shall be of reinforced concrete not less than six (6) inches in thickness, properly constructed and anchored to the floor construction to resist uplift. (f) Gauge openings of such tanks shall be protected against vapor release and liquid overflow by means of spring loaded check valves, and against vapor release by extending the gauge wells to within three (3) inches of the bottoms of the tanks. All such tanks shall have approved fill and vent connections extended to an approved outdoor location. (Ord. No. 991-49. Passed 6-27-49, eff. 6-27-49)

Codified Ordinances of Cleveland § 383.21 Storage Tanks for Class III Liquids Within Buildings

§ 383.21 Storage Tanks for Class III Liquids Within Buildings (a) The provisions of this section shall not apply to buildings each occupied by one (1) tenant and used for the processing or manufacturing of flammable liquid, provided such buildings are adequately isolated from other premises and do not present a conflagration hazard to the community. (b) Except as provided in subsection (a) hereof, tanks for Class III liquid larger than sixty (60) gallon capacity shall not be located above the lowest story of any building. No inside storage tank for Class III liquid shall be located within seven (7) feet horizontally of any open flame. (c) In buildings of Class III, exterior protected construction, or Class IV, wood construction, the nominal aggregate capacity of such tanks for Class III liquid shall not exceed five thousand (5,000) gallons unless installed as provided in subsection (e) hereof. (d) In buildings of Class I, fireproof, or Class II, incombustible construction, the nominal aggregate capacity of such tanks for Class III liquid shall not exceed fifteen thousand (15,000) gallons unless installed as provided in subsection (e) hereof. (e) In any building, if within or buried below a fire-resistive detached room cut off vertically and horizontally in an approved manner by means of an incombustible separation having a fire resistance rating of not less than four (4) hours, the nominal aggregate capacity of such tanks for Class III liquid shall not exceed fifty thousand (50,000) gallons, with no individual tank capacity extending twenty-five thousand (25,000) gallon capacity. Such room shall be so constructed and openings to such room shall be so located that the room will serve as a dike to retain any leakage or seepage. (f) Except as provided in subsection (a) hereof, tanks for Class III liquid located inside buildings shall not exceed two hundred seventy-five (275) gallons individual capacity or five hundred fifty (550) gallons aggregate capacity in one (1) building or fire area unless installed at least three (3) feet below a concrete floor of the lowest floor level, or installed in the lowest story within or below a fire-resistive detached room as provided in subsection (a) hereof, or in an enclosure or casing constructed as follows: (1) The walls of the enclosure shall be constructed of reinforced concrete at least six (6) inches thick or of brickwork at least eight (8) inches thick, and shall be bonded to the floor. The space between the tank and the enclosure shall be completely filled with sand or well tamped earth. When the floor or other construction immediately above the tank is of fire-resistive construction capable of safely sustaining a load of one hundred fifty (150) pounds per square foot, the walls of the enclosure shall be carried to a height not less than one (1) foot above the tank and the space above the tank filled with sand or well tamped earth to the top of the wall; otherwise the enclosure shall have a top of reinforced concrete at least five (5) inches thick, or a top of equivalent construction. (2) Instead of the enclosure described in subsection (f)(1) hereof, the tank may be encased in reinforced concrete not less than six (6) inches in thickness, applied directly to the tank so as to completely eliminate any air space. (Ord. No. 991-49. Passed 6-27-49, eff. 6-27-49)

Codified Ordinances of Cleveland § 383.22 Underground Tanks Outside Buildings

§ 383.22 Underground Tanks Outside Buildings (a) Underground tanks outside buildings used for the storage of flammable liquid shall conform to the provisions of this section. (b) Individual underground tanks for flammable liquid located outside of buildings shall not exceed thirty thousand (30,000) gallon capacity. (c) The distance from any underground tank outside buildings to a lot line or a building shall be not less than three (3) feet. (d) No underground tank for liquid with flash point of one hundred degrees Fahrenheit (100°F) or less shall be installed under any street, alley or other public thoroughfare. (e) The shells of underground storage tanks for Class I or Class II flammable liquid shall be located not less than three (3) feet horizontally from the nearest outside wall of any basement, pit or cellar with floor lower in elevation than the top of such tank, except that a lesser distance may be approved when the tank is enclosed, encased or otherwise protected against injury in an approved manner. Where deemed necessary by the Division of Fire to provide a means of guarding against leakage, tanks for such liquids shall be encircled by a line of open-jointed or perforated drainage tile laid in an approved manner in porous material at a level below the lowest adjoining tank, with inspection wells extending from the drainage tile to the grade level, where directed by the Division. Such inspection wells shall have tight-fitting, easily removable plugs or caps at the grade level. (f) The distance between underground tanks shall be not less than two (2) feet. (g) Tanks buried underground outside buildings shall have the top of the tank below the level of any piping to which the tanks may be connected and not less than three (3) feet below the surface of the ground, except that: (1) In lieu of three (3) feet earth cover, tanks may be buried under twenty-four (24) inches of earth plus a slab of reinforced concrete not less than six (6) inches in thickness extending at least one (1) foot beyond the shell of the tank in all directions. (2) When tanks are buried under driveways, the total coverage shall be not less than three (3) feet when the uppermost six (6) inches of such coverage is reinforced concrete extending at least one (1) foot beyond the shell of the tanks in all directions, and four (4) feet total coverage in other cases. (h) Where a tank located outside of buildings cannot be entirely buried, it shall be covered over with earth to a depth of at least three (3) feet. Any sloped surfaces of earth cover shall not be steeper than the angle of repose of the cover material. (Ord. No. 991-49. Passed 6-27-49, eff. 6-27-49)

Codified Ordinances of Cleveland § 383.23 Installation of Underground Tanks

§ 383.23 Installation of Underground Tanks (a) Underground tanks shall be bedded in and surrounded by approved noncorrosive backfill, such as clean sand. Clay or cinder backfill shall not be used. Where concrete paving is the finished surface above a tank, such concrete shall be placed upon well tamped backfill. All underground tanks shall be so located and installed as not to endanger any foundation. (b) No underground storage tank or piping thereto shall be backfilled or covered until it has been inspected and approved by an authorized representative of the Division of Fire. A request for inspection shall be made when the work is ready for inspection and such inspection shall be made within two (2) working days after receipt of such request by the Division. (c) Where subsurface water conditions exist or are likely to develop, tanks shall be securely anchored or weighted to prevent floating. (d) Piping to or from underground tanks shall be pitched to drain back to the tanks and all such piping installed outside buildings and carrying flammable liquid shall, unless otherwise specifically approved by the Fire Chief, be installed underground with sufficient cover for protection from damage. (Ord. No. 991-49. Passed 6-27-49, eff. 6-27-49)

Codified Ordinances of Cleveland § 383.24 Above-Ground Storage in Tanks of Class I, II or III Liquid

§ 383.24 Above-Ground Storage in Tanks of Class I, II or III Liquid (a) The location of tanks for above-ground storage of flammable liquid shall conform to the following requirements: (1) Minimum Distance to Common Property Lines. The distance from a tank to a common property line shall be not less than the diameter or height of the tank, whichever is greater, but shall not be less than the following distances. However, when adjoining premises are used for a similar purpose, the Fire Chief may permit storage arranged as permitted when such premises are in one (1) ownership. Capacity of Tank (Gallons) | Minimum Distance to Common Property Line (Feet) Up to 1,100 | 5 1,101 to 15,000 | 10 15,001 to 30,000 | 20 Over 30,000 | 30 (2) Minimum Distance to Building on Same Premises. The distance from a tank to a building on the same premises as the tank shall be not less than the diameter or height of the tank, whichever is greater; but shall in no case be less than twenty (20) feet or less than the height of the building, whichever is greater, when the building is used for the processing or manufacturing of flammable liquid or other highly flammable or explosive products; or less than ten (10) feet or one-half (1/2) the height of the building, whichever is greater, in other cases. (3) Minimum Distance to Street, Alley or Other Public Thoroughfare. The distance from a tank to a street line, alley line or property line abutting a public thoroughfare, shall be such that the tank shall be distant from all premises on the opposite sides of such streets, alleys or public thoroughfares a distance equal to the diameter or height of the tank, whichever is greater; provided that no tank shall be less than ten (10) feet from a street line, alley line or property line abutting a public thoroughfare, or less than thirty (30) feet from premises on the opposite side of such street, alley or public thoroughfare. (4) Minimum Distance to Railroad. A. The distance from a tank to a railroad main track over which passenger trains or cars or through freight trains operate shall not be less than the distance to a common property line specified in subsection (a)(1) hereof. B. The distance from a tank to the right-of-way of a railroad shall be not less than one-half (1/2) the diameter or height of the tank, whichever is greater, but shall be not less than ten (10) feet. (5) Maximum Number of Tanks in One (1) Group or Battery. Not more than six (6) tanks shall be included in one (1) group or battery. (6) Minimum Distance Between Tanks. A. The grouping of tanks shall be such that each tank shall be accessible on at least one (1) side or end for fire fighting. The minimum clear ground level distance deemed to provide such accessibility shall be twenty (20) feet. B. The minimum clear distance between separate groups or batteries of tanks shall be not less than twice the diameter or height, whichever is greater, of the largest tank abutting on such clear distance; except that when such required distance exceeds forty (40) feet the minimum clear distance shall not be required to be more than one and one-half (1-1/2) times the diameter or height, whichever is greater, of the largest tank abutting on such clear distance. C. The minimum distance between adjacent tanks in the same group or battery with capacities not exceeding thirty thousand (30,000) gallon each shall be three (3) feet. D. Except as permitted in subsection (a)(6)C. hereof, the minimum distance between adjacent tanks in the same group or battery of capacities up to five hundred thousand (500,000) gallons shall be one-half (1/2) the diameter or height of the larger tank, whichever is greater; and three-fourths (3/4) the diameter or height of the larger tank, whichever is greater, for tanks exceeding five hundred thousand (500,000) gallon capacity. (7) Liquids Subject to Boil-Over. Tanks used for the storage of crude petroleum or other flammable liquid subject to boil-over, other than gathering tanks in oil fields, shall be located at distances twice those specified in subsections (a)(1) to (4) and (6) hereof, provided that such distance shall in no case be less than fifty (50) feet. Gathering tanks in oil fields shall be located, constructed, arranged and equipped in conformity with the rules therefor of the Board of Building Standards and Building Appeals. (b) All above-ground tanks shall be set upon firm foundations and shall be effectively grounded. Telephone poles or other projections liable to act as lightning discharge points shall be kept as far as practicable from tanks. Steel reinforcing of reinforced concrete tanks shall be interconnected and grounded. (c) Supports for outside above-ground tanks shall be of concrete, masonry or protected steel having a fire resistance rating of not less than three (3) hours. Material used for support or for fire protection shall be either weather resistant or shall be protected against damage by frost or weather action. (Ord. No. 991-49. Passed 6-27-49, eff. 6-27-49)

Codified Ordinances of Cleveland § 383.25 Fire Extinguishing Equipment for Above- Ground Storage Tanks

§ 383.25 Fire Extinguishing Equipment for Above- Ground Storage Tanks Whenever the capacity of a tank or the aggregate capacity of tanks in one (1) location and in one (1) ownership exceeds one million (1,000,000) gallons, such tank or tanks shall be protected by approved fire extinguishing equipment utilizing foam or other approved extinguishing medium maintained on or adjacent to the premises by the owner of such tanks. An adequate supply of foam-producing material or other approved fire-extinguishing material, sufficient to extinguish a fire in the largest storage tank on the premises, shall be kept available on the premises at all times. (Ord. No. 991-49. Passed 6-27-49, eff. 6-27-49)

Codified Ordinances of Cleveland § 383.26 Dikes

§ 383.26 Dikes (a) All above-ground storage tanks for flammable liquid which exceed two thousand (2,000) gallon individual or aggregate capacity shall be enclosed within liquid-tight dikes constructed of reinforced concrete, masonry or earth, except that dike walls shall not be required where the contour of the ground surface provides the approved equivalent thereof. Earthen dike walls shall have a flat section at the top not less than thirty-six (36) inches in width, and shall have slopes consistent with the angle of repose of the material of which they are constructed. Concrete or masonry dikes shall not be less than thirty (30) inches in height and earthen dikes shall not be less than three (3) feet in height. The height of the dike and the distance from the inner surface of the dike to the shell of the tank shall be such as to assure the scouring action of the wind and prevent the accumulation of combustible vapors within the dike. Where ground area permits, the maximum height of the dike walls shall be four (4) feet, and the maximum height under any conditions shall be six (6) feet. (b) A dike surrounding a tank used for storing crude petroleum or other flammable liquid subject to boil-over shall have a capacity not less than one and one-half (1-1/2) times the capacity of the tank contained within the dike. (c) Tanks containing flammable liquid subject to boil-over shall be separately and individually diked. (d) When a dike surrounds a tank containing crude petroleum or other flammable liquid subject to boil-over it shall have, in addition to the required capacity, suitable copings or deflectors pointing inward constructed so as to minimize the effect of boil-over waves. Dikes surrounding large crude oil tanks shall not be less than fifty (50) feet from the shell of the tank surrounded. (e) A dike surrounding tanks used for storing flammable liquids not subject to boil-over shall have a capacity equal to that of the largest tank contained within the dike plus ten percent (10%) of the aggregate capacity of all other tanks contained within the dike. (f) Whenever tanks are interconnected within the diked area or so interconnected that they cannot be individually controlled and emptied from a safe location outside the diked area, such tanks shall be deemed to be one (1) tank in determining the required capacity of the dike. (g) Up to, but not exceeding six (6) tanks containing flammable liquid not subject to boil-over may be contained within one (1) dike. (h) Whenever outside above-ground tanks erected prior to June 27, 1949, do not fully conform to the provisions of this Fire Prevention Code governing material, construction and equipment of tanks, and such tanks are contained within one (1) dike, the Fire Chief may require that each tank within the diked area be isolated from every other tank within such diked area by division walls arranged to provide a separated space within the dike for each tank. Such division walls shall be approximately six (6) inches less in height than the enclosing dike wall. The location, arrangement and height of such division walls shall be as directed or approved by the Division of Fire. (i) Dike walls and division walls shall have stairs for access to and egress from the diked areas. (j) Where necessary for the removal of surface or ground water, diked areas shall have approved provisions for drainage. All drains located within a diked area which discharge directly or indirectly into the public sewer system or into natural watercourses shall have shut-off valves, normally kept closed, installed in the drainage piping at accessible locations outside the diked area. (k) The surfaces within dikes and around dikes shall be kept free of all brush and debris. (Ord. No. 991-49. Passed 6-27-49, eff. 6-27-49)

Codified Ordinances of Cleveland § 383.27 Above-Ground Outdoor Storage of Flammable Liquids in Barrels, Drums or Other Containers

§ 383.27 Above-Ground Outdoor Storage of Flammable Liquids in Barrels, Drums or Other Containers (a) Barrels, drums or other containers containing flammable liquid stored above-ground outdoors shall not be less than five (5) feet from a common property line, street line, alley line, property line abutting a public thoroughfare or railroad right-of-way; nor less than ten (10) feet from any building wall having a fire resistance rating of less than two (2) hours, nor less than ten (10) feet from any opening in the exterior wall of a building; provided that when such containers are arranged in piles, such distance shall in no case be less than twice the height of the pile. No such barrel, drum or other container shall be placed under any door, window or other opening in an exterior wall, and no barrels, drums or other containers shall be piled one on top of another without provisions for maintaining the piles in a stable condition by the use of pallets or other suitable supports. No open flame shall be permitted in any area where such barrels, drums or other containers of flammable liquid are stored, nor shall any means of access or egress be obstructed. (b) Such barrels, drums or other containers shall be arranged in groups separated by aisles not less than twelve (12) feet wide. No group or pile of barrels or drums shall include more than three hundred twenty (320) barrels or drums of capacities of sixty (60) gallons each, or other containers aggregating more than seventeen thousand six hundred (17,600) gallons in capacity, and no pile shall be more than twelve (12) feet in height above grade level. (c) Unless specifically approved by the Fire Chief, no container stored outdoors shall exceed sixty (60) gallon capacity, and all such containers shall be examined daily for signs of leakage. All leaking containers shall be immediately removed to a safe location and any flammable liquid that may have been discharged shall be removed or covered with sand or earth. (d) Section 385.74(g) shall govern storage of empty barrels and drums. (Ord. No. 991-49. Passed 6-27-49, eff. 6-27-49)

Codified Ordinances of Cleveland § 383.28 Materials, Construction and Equipment of Storage Tanks and Containers

§ 383.28 Materials, Construction and Equipment of Storage Tanks and Containers (a) The materials, construction and equipment of tanks and containers for storing or handling flammable liquid shall conform to the applicable provisions of statutes and rules or regulations promulgated by authority of statutes, the provisions of this Fire Prevention Code and accepted safe practice. When deemed necessary, the Board of Building Standards and Building Appeals may promulgate rules or regulations supplementary to this Code to further define accepted safe practice. In the absence of such rules or regulations, conformity with the requirements and recommendations of NFPA Standard No. 30 entitled “Flammable and Combustible liquids Code” for the materials, construction, connections, piping, venting and protection of tanks and containers for flammable liquids shall be accepted as conformity with accepted safe practice. (b) When deemed necessary for safety to life or property, the Fire Chief may require compliance with any requirement or recommendation of NFPA Standard No. 30. (Ord. No. 991-49. Passed 6-27-49, eff. 6-27-49)

Codified Ordinances of Cleveland § 383.29 Tank Car and Tank Truck Loading Docks

§ 383.29 Tank Car and Tank Truck Loading Docks (a) Where liquid with a flash point of one hundred twenty degrees Fahrenheit (120°F) or less is loaded or unloaded, loading or unloading docks for tank cars and loading docks for tank trucks shall be located distant from all sources of ignition and so that the distance from the tank on the car or truck to buildings other than the dock itself, above-ground storage tanks or to lot lines, except lot lines that form the inner boundary of a railroad siding or private siding right-of-way, shall be not less than twenty-five (25) feet. (b) All tank cars and tank trucks shall be effectively grounded when loading or unloading. (c) Bottom discharge from tank cars of flammable liquid with a flash point of one hundred twenty degrees Fahrenheit (120°F) or less, when top discharge is safe and feasible, is prohibited. (d) A thirty (30) pound carbon dioxide first-aid fire extinguisher, or equivalent first-aid extinguishers approved by the Division of Fire, shall be provided and maintained available for immediate use at all loading and unloading docks. (Ord. No. 991-49. Passed 6-27-49, eff. 6-27-49)

Codified Ordinances of Cleveland § 383.30 Processing Equipment

§ 383.30 Processing Equipment Kettles, vats, saturators and other process vessels used in manufacturing processes, containing more than five (5) gallons of flammable liquid having a flash point of one hundred degrees Fahrenheit (100°F) or less before, during or after processing, or in which materials of higher flash point are heated to or above their flash point, shall not be located within five (5) feet of combustible material nor within five (5) feet of any exit. All combustible flooring thereunder within a radius of ten (10) feet shall be protected with incombustible covering. All kettles and other open process vessels used for such flammable liquid shall be provided with substantial covers arranged to close automatically in case of fire, or which can be easily placed in position, or shall have approved attached automatic fire extinguishing equipment. (Ord. No. 991-49. Passed 6-27-49, eff. 6-27-49)

Codified Ordinances of Cleveland § 383.31 Processing Room Ventilation

§ 383.31 Processing Room Ventilation (a) Rooms in which Class I or II liquid is used in open vats, pans or other vessels, or in which Class I, II or III liquid is heated or otherwise treated in such a manner as to produce flammable vapor, shall be well ventilated either by ample natural ventilation or by approved mechanical exhaust ventilation adequate to prevent fire and health hazards and as approved by the Fire Chief and the Commissioner of Air Pollution Control. Ventilation shall be such that the percentage of flammable vapor present in any room or exhaust duct at any time shall not exceed one-fifth (1/5) the lower explosive limit and that toxicity will be reduced by dilution to a safe concentration. Exhaust openings shall be located at or adjoining the floor level near each open receptacle containing such liquid, or near each heated receptacle from which vapor may escape, and remote from any door or other air inlet. (b) All discharge outlets of vent ducts shall be so located that they will neither be fire-hazardous to surrounding property nor create a nuisance. (Ord. No. 991-49. Passed 6-27-49, eff. 6-27-49)

Codified Ordinances of Cleveland § 383.32 Piping, Valves and Pumps

§ 383.32 Piping, Valves and Pumps (a) Piping used for flammable liquid shall be suitable for the pressure to which it will be subjected. For working pressures in excess of one hundred (100) psi, approved heavy fittings shall be used. (b) Before being placed in service, all piping shall be tested at a pressure not less than twice the pressure to which it will be subjected in use, and such tests shall be made in the presence of an authorized representative of the Division of Fire. (c) Defective or leaking piping shall be made tight immediately or replaced. (d) All piping shall be firmly supported. Outside exposed piping shall be protected against mechanical injury and shall be so located and arranged or diked that a break in the piping or leakage will be unlikely to result in flammable liquid flowing onto adjacent property, streets, alleys, thoroughfares, railroads, streams or into public sewers or against buildings. (e) All piping and pumps shall be effectively grounded. All flanged gasketted connections which would otherwise prevent effective grounding of the pipe shall be jumpered and electrically bonded across the flange. The resistance to earth of any grounding connection shall not exceed five (5) ohms. (f) Piping carrying flammable liquid with a flash point of one hundred degrees Fahrenheit (100°F) or less, unless without joints or connections, shall not extend through any room in which there is an open flame. (g) The ends of filling pipes for underground or inside storage tanks for flammable liquid with a flash point of one hundred degrees Fahrenheit (100°F) or less shall be in approved locations outside of any building and not less than ten (10) feet from any entrance door or cellar opening, and shall be closed by a tight sealing cap. (h) The terminals of vent pipes from tanks containing flammable liquid with a flash point of one hundred degrees Fahrenheit (100°F) or less shall be located outdoors above the liquid level of the highest reservoir from which the tank may be filled and not less than twelve (12) feet above grade level for outside underground tanks and not less than twelve (12) feet above the fill opening for other tanks, shall not discharge downward, and when deemed necessary by the Fire Chief, shall be equipped with approved flame arresters or with approved normally-closed vacuum and pressure relief devices. (i) The terminals of vent pipes from tanks containing flammable liquid with a flash point over one hundred degrees Fahrenheit (100°F) shall be located in a safe location above the liquid level of the highest reservoir from which the tank may be filled, and may be equipped with a return bend or approved weather cap or flame arrester. Unless otherwise specifically approved by the Chief, such vent terminal shall be located outdoors. (j) All vent pipe terminals located outdoors shall be not less than six (6) feet from and not directly below any door, window or other opening in the exterior wall of a building and shall not be located where flammable vapor may be trapped under eaves or other projections. (k) Deliveries of flammable liquid of Class I or Class II, wherever practical, shall be made directly to the storage tank through the filling pipe by means of a hose or pipe between the filling pipe and the barrel, tank truck or tank car from which such liquid is drawn. (l) Except as permitted in subsection (n) hereof, or by special ruling of the Chief, flammable liquid shall be drawn for discharge from tanks only by means of approved pumps so constructed as to prevent leaking or splashing, with controlling apparatus and piping so arranged as to allow control of the amount of discharge and prevent leakage. When inside a building, the pump or other approved drawing-off device for Class I or II liquid shall, wherever practicable, be above the grade level, and preferably near an entrance or other source of positive ventilation. (m) Except as permitted in subsection (n) hereof, no tank, drum or other container inside a building, or discharging inside a building, shall be provided with a faucet or other bottom-drawing device which will permit the gravity flow of liquid inside the building, and the discharge pipes shall not terminate at a point lower than the level of the source of supply. (n) In specific instances, where deemed necessary for the manufacturing process, the Chief may approve the gravity discharge of flammable liquid in refineries and in manufacturing or jobbing plants when adequate and approved safeguards are provided. In any plant, when approved safeguards are provided, the Chief may also approve the gravity discharge of Class II or Class III liquid of a nature which does not permit pumping. (o) Where gravity discharge of Class I liquid from tanks or containers located within a building is permitted, the contents of such tanks or containers shall be sufficient only for one (1) day’s operations. Such tanks or containers shall be stored and drawn from in a room conforming to the applicable provisions of Section 3129.43(c). However, the limitations and restrictions of this subsection (o) shall not apply in a building adequately isolated from adjacent buildings and occupied by only one (1) tenant, and used for manufacturing or processing flammable liquid. (p) All drawing-off pipes from underground tanks and from outside above-ground tanks terminating inside of any building shall have valves at the discharge end, and a second valve located at a suitable remote point in the line for use in an emergency. (q) Where tanks are above ground there shall be a valve located near the tank in each pipe. In case two (2) or more tanks are cross-connected there shall be a valve near each tank in each cross-connection. (r) Except where specifically permitted and approved by the Chief, tanks containing flammable liquids of different classifications shall not be interconnected, or connected into a common header. (s) At each pipeline connected below the liquid level to an above-ground storage tank for flammable liquid there shall be, in addition to the valves required by subsection (q) hereof, an emergency internal check valve installed on the inside of the tank and operable both manually and by an effective heat releasing device which will automatically prevent the flow of liquid from the tank in the event of fire even when pipe lines are broken from the tank. However, the Chief may permit the omission of such valves on tanks at refineries, on tanks equipped with an approved swing line, tanks where the transfer of products between tanks in the event of fire is practical and tanks where such valves would interfere with operation of the planned emergency procedure approved by the Chief. (t) Whenever practicable, all valves on or adjacent to tanks for flammable liquid and located below the normal liquid level in the tank shall be of steel. Whenever steel valves cannot be used because of the character of the flammable liquid, valves which have less resistance to fire than steel valves shall be insulated and protected against fire as directed or approved by the Division. (u) All gate valves on or adjacent to tanks used to control the flow of liquid to or from tanks shall be of the outside-screw-and-yoke type. (v) Pumps delivering to or taking supply from above-ground storage tanks shall be provided with valves on both suction and discharge of pump, and when delivering to tanks, a check valve to prevent backflow of liquid. No internal combustion engines, and no electric motors except approved explosion-proof motors, shall be placed beneath tanks or elsewhere within the line of vapor travel. (w) Compressed air or gas shall only be used for transporting flammable liquid when suitable approved safeguards are provided and then only when specifically approved by the Chief. (Ord. No. 991-49. Passed 6-27-49, eff. 6-27-49)

Codified Ordinances of Cleveland § 383.33 Marking and Labeling Storage Areas

§ 383.33 Marking and Labeling Storage Areas All rooms or other spaces and all tanks or containers used for storing flammable liquid shall be suitably marked with a warning sign when and as directed by the Division of Fire. (Ord. No. 991-49. Passed 6-27-49, eff. 6-27-49)

Codified Ordinances of Cleveland § 383.34 Yard Hydrant Systems

§ 383.34 Yard Hydrant Systems Yard hydrant systems shall be provided where and as required by Section 389.20. (Ord. No. 991-49. Passed 6-27-49, eff. 6-27-49)

Codified Ordinances of Cleveland § 383.35 Storage of Flammable Liquids Subject to Drug Abuse

§ 383.35 Storage of Flammable Liquids Subject to Drug Abuse (a) Definitions. For purposes of this section, certain forms are defined as follows: (1) “Storage” for the purposes of this section means the regular storage of flammable liquids in containers in excess of fifty-five (55) gallon capacity which are equipped, intended or used for stationary storage. (2) “Police Chief” means the Police Chief or any designated representative of the Chief. (3) “Person” means any natural person or business entity. (4) “Commercial storage” means storage in fifty-five (55) gallon steel containers or containers of size and construction that are standard for the industry. (b) Upon receipt of information as set forth in Section 383.02, the Police Chief or his or her designated representative shall take whatever action he or she deems reasonably necessary to protect the health, safety and welfare of the populace including but not limited to promulgating the following orders in writing to the person or persons in control of such storage tank to prevent the abuse of the liquid: (1) Requiring underground storage of such containers; (2) Requiring locking mechanisms on such containers; (3) Requiring security for the storage of such substance which may include guards, dogs, sensing cables, motion detection systems, photoelectric beams, or contacts on access gates; (4) Requiring the erection of an adequate fence and installation of gate locking mechanisms; (5) Requiring the outlet for an outdoor storage tank to be placed inside a building meeting the requirements of the Building Code. (c) Notice of an order of the Chief shall be sent by certified mail return receipt requested, and shall notify the addressee of his or her rights to appeal to the Board of Building Standards and the time within which such appeal must be filed. (d) In issuing a permit pursuant to Section 383.04, the Fire Chief shall review the storage of any liquid subject to drug abuse prior to the issuance of a permit and shall order a person applying for a permit to meet any requirement necessary to prevent drug abuse of the liquid prior to issuing a permit. (e) The Fire Chief may revoke the permit of any person who fails to comply with an order issued pursuant to this section. (Ord. No. 2865-78. Passed 1-29-79, eff. 1-30-79)

Codified Ordinances of Cleveland § 383.36 Appeal

§ 383.36 Appeal (a) Any person adversely affected by any order, requirement, decision or determination by the Fire Chief, Police Chief or their designated representatives with respect to the storage of flammable liquids subject to drug abuse may appeal to the Board of Building Standards and Building Appeals pursuant to Charter Section 76-6. An appeal shall stay the action appealed. The Board shall commence to hear the merits of an appeal within fifteen (15) days after the filing of such appeal or at the next scheduled meeting closest in time thereto in the office of the Board. Thereafter, the Board shall hear the final arguments and shall reach a decision on such appeal without unreasonable or unnecessary delay. (b) Any person, property owner, or member of the general public shall be permitted by the Board to intervene when such intervention is timely and the person, property owner, or member of the general public claims an interest relating to the matter and/or the person is so situated that the disposition of the matter by the Board may impair or impede his or her ability to protect an interest. For the purpose of this subsection “timely” means prior to the commencement of a hearing by the Board on the merits of the appeal before the Board. (c) Any appeal from an order, requirement, decision or determination of the Chief must be filed with the Board within fifteen (15) days after dispatch of notice of the action of the Chief. (d) The Chief shall be a party to all appeals brought under this Code and shall be required to file a statement for the basis of the order appealed with the Board within seven (7) days of receipt of the notice of appeal. The statement shall contain facts and findings upon which the Chief promulgated the order appealed. The Board may also require any other party or intervenor to file a summary of his or her position prior to the hearing. The Board shall cause notice of any hearing on an appeal to be published in the City Record. (e) In the event that any term or provision of Sections 383.02, 383.35 and 383.36, with respect to flammable liquids subject to drug abuse is held invalid, illegal or unenforceable in any respect, such illegality or unenforceability shall not affect any other term or provision thereof. (Ord. No. 2865-78. Passed 1-29-79, eff. 1-30-79)

Source: City of Cleveland, Ohio, Codified Ordinances and City Charter (American Legal Publishing, codelibrary.amlegal.com)URL: https://codelibrary.amlegal.com/codes/cleveland/latest/cleveland_oh/0-0-0-16924Fetched: 11/1/2026