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HomeMy WebLinkAboutORD NO 861 BE IT ORD&Ii'IV'~D '~" ~'' '"" ......... ,,,-~'r'-':,'r ~ :.I'l,~ COUNCIL OF Ti~ GITY OF as follo~:s ~ $ECTIOH 1. Defi~tions. For' the p~'pose of this el'al, thence, the folloui~ v;ords and ptmases sha~ lave the nteal~l~ hereinafter spocified~ (a) "Fl~aable liq~d" shall mean a~ include a~- liquid which~ at a given temperat~e~ xyill give ~ vapors v~hich~ when properly ~xed with o:o'cen and comi~ in contact uith a ~_anle or spark,. ;~ill ignite. (b) Fla~aable liq~ds are divided into tlmee classes, accord- i~ to their respective flash points, as follous: C~ass m inc~es ~lqulas with a flash point beio;'~ ~ degrees i~'a}~el~]eit (-4 degrees Cent%grade) closed cup tester. (2) Class II i~cludes liquids x~f&th a flash point above that for Class I and belo;; 70 degrees Fa~e~loit (~ degrees Centigrade) closed cud tester. (3) Class III includes liqui¢ls %yit[~ a flash point that for Class II a~l belo;'~ 2~ degrees Pa~'~o~'~eit (93 1/3 degrees Centigrade) closed cup tester. (c) "Flash point" shall noan tho lowest tenporattwe at vd~ich a liquid %7ill give off vapors uhich, %d~en.mi;qed ~¥ith air~ produce an e:~losive ni:~e. Tho flash point shall be as detornined ~?ith the .~liott~ &bel~ &bol-~nsky~ or the Tag closed cup tosto!'s, but the Tag closed cup tester (standardized by the Up. ted States Dureau of standards) sh~l ~ authoritative in case of dispute,, tests shall bo nade ~ accordance with the methods adopted by the dmeriean Society for Testi~ i2atorials and approved by the .tq.~ericat% Standards &ssociation. (d) "C~ef of the Flr~ Department" shall mean the head of 1. the Fire Department of the City of Bakersfield or his regularly authorized representative o (e) "Self-service station" shall mean and imclude gasoline filling station~ public garage, or any otI~er place flammable liquids are sold or dispensed to the public by any mariner or method other .than by the person-mi service and actual direct dispensing of said liquids solely by the ov~ner or operator thereof~ his agents or employees° (f) "Person" shall mean ar~l incl~de persons, firms, partner- ships~ co'rporations~ ~,~Lincorporated associations~ ~ud a'-,°~ combina- tion of pe~sons~ b'~ r~hatever x~ane designated. (g) "Permittee" shall mean the holder of a pern~/t to operate a:~d maintain a self-service station~ granted p~suant to the pro- visions of t~s ordi~.~ce~ SI~T IO ii 2. ~'olvers of tho C}~ef of tho Fire D~art~mnt. It sh~l be the duty of the C~of of tho Fire i~partnent to e~orce ~1 the provisions of t/~s ordinances and for the purpose of sec~'i~ such e~Torcemont~ he sh~l ~mve the right~ a~ he is hereby empo~;ered to enter on a~ Dre~s on %Thich a~ self- service station is located or proposed to lm located~ and inspect the s~e a~ all facilities co~ected there~vith at a~ reaso~ble time. Said C}~ef of the Fire Department is ft=ther empowered to issue orders granti~, o~ revoki~ such permits as are provided for in t~s ordi:~nce.. S~TION 3. ~r~t Req~red ~ ;~b- pe~son shall operate--er--ma~taan~---se~f~-'.serwiee--s~a-~io:% in the City of Dakersfield x~t~ut first obtainl~ a permit to do so ~om the CI~ef of the Fire Department. ~pplications for permits sha~ be made o~z for~s px'ovidod by the CI~ef of the Pi~-e D. epartnent, and shall 'give the naues of the operators of said proposed self-service station, the location thereof and such other pertine;~t information regarding the faciliti.es and maimer of .operation of said station as may be required by the Chief of the Fire Department. .,'~ny person no~'~ operating or maintaining a self- service station shall'obtain a permit, and~ e,cept as herein other- x~rlse provided, shall comply ~rith all the provisions of this ordinance v~it~i,~ t~zirty (30) days after the effective date hereof. SECTION 4. Revocation of The Chief of the Fire Departme~t shall revoke ..any permit issued under tho terms of this ordinance when he finds either: (a) T~t said permit is being used by any person other than tho person te ~?hon the permit ~'~as issued, his agents or e~ployeos, or (b)' That the conditions or limitations set .forth in said permit have been violated, or (c) .That the violations, of t~s ordinance or of c~,~ other ordinance of the City of Bakersfield or law of the State of California reg~lating or~ pertaining to the po~mittee's operations, set forth in any v.~itten notice served upon the permittee by the C~zie£ of the Fire Departme~t, have not been corrected ~'~it~n ·the time quired.by, said ~otice, or (d) That said permit is bei~ used om any premises or at any location other t,.~n that for ~'~hich it x~as issued. It s~ull be unla~?fUl for any person to operate or maintain a self-service station in the City of Bakersfield after his permit shall have been revoked.· SECT IOH ~. Do~rd of Exanin~rs o~ud &ppeals. The Doard of Explainers ~nd &ppeals, ~ppointed p~s~:nt to the provisions of Section 20% (b) of Ordinance ~o. 70% :~e'~'~ Series of the City of Bake~sfield,. shell ~'mve pod';er to determine the neces- sity al~d suitability of regulations Governing the operation ami maintenance Of self-service stations in the City of Bakersfield other t~u~n the regulations contained in t~s oFdinance, 'and recommend to the City Council such c~nges in this ordin.~.~e and/or such ne~ legislation as is consistent ~-~ith its fi~ingSo ~EC~IOA'~ 6. Self-service Stations ~okibited ~ Fire Districts° Ho permit shall be fssuod f~r the operation of a self-service station~ and no so!f-service station shall be operated or maintained v~ithin the limits of Fire Limits District Lk~mber 1, or Fire Limit,s District i~umber 2~ as' said Districts are established by No. ~0~ He~ Series a~/ Ordinance L~o. 45~ i~ev~ Series~ of the City Bakersfield. SECTIOi.~ 7. . ~{eg~ations Governi~ Operation of Self-service Stations. The follov~i~ rog~abions sh~ll apply to all self-service stations operated or maintained in the City of Bakersfi~d~ (a) a control room s~mll be provided a~ so located t~t the operator ~ms an ~bstructed vie~ of ~1 p~ps and. operations~ at least one of the tx~,o required doors to said control room s~l.be ~t less t;~n t~enty-five (2%) feet from the nearest p~p ~d sh~.l open on a different side of the control room f~om v~here is located. ~ps s~ll not be located on acre t~mn t}=ee sides of said control room. This section shall ~mve no application to a self- service station operated or maintained as such on the effective date of this ordizmnce, except that a~ ~ltorations or additions hereafter Mg~e..$9.~aid station sh~l co~Torn to this section.. (b) Telephonic faclllties~ if a~xt x';hen available~ Shall .'be provided on the pre, scs'of the station, if located more ~h~z t~ee h~red (3~) feet fron'a street fire ~arm' ]~X. 'Telep}~one fa~ilities, if PrOVided, and p~np control sv~itches, s:mall be located in the control room. The use of skates or other artificial means of locomotion shall be prol~bited. (c) No b~di~ shall be located ~'~itl~n twenty-five (2~) feet of ~ p~p ~ess such b~di~ be of type I~ II or III construction as defined by the U~.forn B~dl~ Code adopted by 0rai~mnce ~'~o. 682 New Series, or a~ other budding code hereafte= adopted by the City of Bakersfield. Every p~p sha~ be :~$ less than ~nty-five (2~) feet ~oz~ a~ property linc; provided~ t~t adjacent streets or ~leys n~ be considered as part of such t~venty- five (25) feet$ a~ f~ther provided~ t~t the C;~ef of the Fire Department in ~s discretion may allo~'~ deviations from this latter req~rement xvhen a:~l for such length of time as he finds that such deviation v~ill mint seriously e~la~er b~di~s ~nd operatiorm on adJo~ premises. (d) 'l~hen portions of the station are closed to t~ public for the delivery of gasoline~ t;~se portions s~l be so desig~ted ~y adeq~te signs. (e)' ~ot ~ore th~ five (%) ve~cles, ~it~n an ~divided area of ~t to exceed 1600 squ~e feet, and serviced from ~t more than t~ee (~) adjacent isla~s in said area, shall be serviced by a~ one atte~t at a~ one time. .at the time a~ ve~cle is being serviced l~ said area~ the attender i~ charge of-said mrea shall be e~aged in ~ activity other t~m~ attendix~ the vehicle or vehicles bel~ .serviced. (f) There .shall bo ~t less than one (1) m~e atte~ut~ over the ag$ of 18 years on duty for each six (6) p~p isla~s~ or ,~iqn .t~gre0f, .gp~ to the pub~ . ~l...such attend~ts..s~_~..~e .' i'nstruct~ in the use o~ first aid a~ fi~e fightir~ appliances. (g) It sh~l be the duty of all attond~ts to prevent persons from smo~ %:~,ithin t%'~enty-flve (2%) feet of a~ p~ap, or f~li~ operations. S~rvice shall be refused and pumps shall be st'mt off :~hen patrons do not follo','~ instructions, or are under the influence of into:-,ican%s. (h) Each pump shell bo equipped .xrlth manually operated shut- off sv~itch or lever v:hich ca:: be operated both ~t the p~m~p or by remote control fro~ the control room. (1) ~l filli~ nozzles shall bo ec~3~%ippe~ %'~ith automatic control valves and/or vacuum-operated over~o%~' check valves, C~e, of tho Fire other v~ve or s~ilar fi~o approved by the "' * Department. (J) [~l p~ps and/or facilities for delivery of gasoline s;~l be locked or other effective pydvisions shall be nad6 to prevent public access to s~oplios of gasoline ~?hon tho station opeyators~ employees or authorized representatives are absent. D~i~ no time sh~l coin-operated self-service gasoline facilities be permitted. (k) Thoro sh~ll be installed and maintained in good order on the premises of each station such portable ha~l fire extif~ishers as nay be directed by the Chief of the Fire Departuent. Said ext~ishers sh~l be located as directed by the C}~of of the Fire Department. (1) '~H0 S[.10EIi~G" a~ "STOP YO~i{ EOTOR" signs~ ¥~ith r~d letters -not less than four (4) inches in height on ~'~hite bacl~ro~u~d~ shall be placed at each p~p isla~ in u~'Dbstructed a~, clear vie~' from both sides of tho gl~ss~ shall be stored o~~ disp!~ed ~'ithin t~enty-five (2~). feet (o~ No o~ or greasy mops or ra~s~ shall be per~~ to ~e stored ~?it~n twenty-five (~) feet of ~ (p) Class I ~ II flare, able liquids shall be ~spensed into tanks of motor vehicles or into metal containers. The use of glass or ethel' fragile containers for such liquids shall be pro- hiblte~o Violations ~.~ person vlolati~ a~ of tho provisions of. t[~.s ordim~nce Shall be gusty of a '~isde~eanor and upon conviction s~l be p~s[mble by a fine ~t exceecli~k6 Five !.kn~(lred Dollars ($%00.~) o~. by impriso~ent in the i'[e~-n Comity Jail for a pex'iod ~t to exceed s~ (6) months, or ~, bo~h such fine and ir~priso~ent. SECTIOi.~ Severability If a~ seetion~ sub-section~ sentence, clause or phrase of this o~d~nce is fsz- a~ reason held to De invalid o~' m~consti- tutio~ such decision sh~l ~t affect '~;he validity of tho reuain- i~ sections of this ordinance. THe Cotmcil hereby declares tlmt it wo~d have passed this ox'die, nco, and each section~ sub-section, clause and pl=ase thereof, irrespective of.the fact tlmt a~ one or more sections~ sub-sections, sontences~ clauses o~' pl'=ases be declared lnv~id or S~TiO;; 10. O~ainanco This aeom~ to ~ in addition and supplementary to~ =q.a ~t a com~lict v;ith or ~epeal of a~dltio2~l p~'ovlslon I'eSt~ati~ tho opo~atio~} and maintenance of self-service statlol%s a~ ho~eina~3ove defined. I !]EREBY CERTIA,-~ that the foregoing Ordi~nce was ~assed ~d adopted by the Co~cil of the City of Bakorsfield at a ~egu- lar meeti~ thereof held on the ~ day of ~~, ~~_~ 19~0~ by the followi~ vote~ ' ~ e AYES: CARNAKIS, .CROSS.,.' F, UEHN, IV;C;':.Ei Pr, K, .qHURLEY, 8lEMON, VANDERL~I NOES: ...... ABSENT: ........... ~ ............. '""'- ~-~---~-- City Cleero= -and F~x,O£~lciO Clo~-..~ of the- Co~cil of tho City of Bakel'sfield.' Aff av ! of os mg r man es STATE OF CALIFORNIA ) County of Kern I ss. MARIAN S. IRVIN, ,'~(t~~, being duly sworn, deposes and says: That he is the duly appointed, acting and qualified Clerk of the City of Bakersfield; and that on____~_.e__~____z3~_ ~_~___1~_ ..................................... , 1950___, he posted on the Bulletin Board at the City Hall, a full, true and correct copy of an ordinance passed by the Council of said C!ty at a meeting thereof duly held on___~_e_t;L~ ~]zary 3-~ ........................ , 19_5D._, which ordinance was numbered ...... ~_~1 ......... New Series, and entitled: AN ORDINANCE REGULATING THE OPERATION AND MAINTENANCE OF SELF-SERVICE STATIONS IN THE CITY OF BAKERSFIELD, CELIFORNIA' ..... ? ~ '-~-.~Subs~.ribed and ·sworn to before me-this .......... '~---. ......... · '"'.t"' .~-'~.~__dc~of. ?e.-b--r'--~a~-y ........ , ]9.__5._0__.. Public in a State of Califomia.