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57-77 ORDINANCE NO. 57-77 ~q ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 9 "BUILDING CODE" OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH BY REPEALING SECTION 505. AND SUBSTITUTING IN ITS PLACE A NEW SECTION 505. REQUIREMENTS FOR SERVICE AND STORAGE AREAS OF INSTALLATION OF FLAMMABLE AND COMBUSTIBLE LIQUIDS; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. NOW, THEREFORE, BE IT ORDAINED BY THE CITY couNCIL OF THE CITY OF DELRAY BEACH, FL©RIDA, AS FOLLOWS: Section 1. That Section 505.of Chapter 9 of the Building 'Code is hereby repealed and a new Section 505.is enacted to read as follows: SEC. 505. REQUIREMENTS FOR SERVICE AND STORAGE AREAS OF INSTALLATION OF FL~2~BLE AND COMBUSTIBLE LIQUIDS. (d) (1) Permit required for all installations. It shall be unlawful for any person to install, place, locate, bury, erect or maintain, or to aid or assist in the installations, placing, locating, burying, erecting or maintaining any tank designed or intended to be used for the storage of any Class I, II, or III Liquid, as defined and set forth in the Fire Prevention Code and the National Fire Code, and commonly used for fuel, upon any property or premises within the City of Delray Beach, unless there first be secured approval from the Fire Department and a written permit from the City Building Official. (2) Information to be furnished by applicant for permit. It shall be the duty of an applicant for such a permit to furnish written application to the building official, accompanied with payment of a fee in~ the sum of ten dollars ($10.00) to cover the cost of investigation, which application shall show the following information~ (a) The name and address of the Applicant. (b) The name and address of the owner of ~ the premises. ~ (c) The legal description of the premises and its street location. (d) The zoning district in which such property is located. (e) A sketch showing the exact proposed location of the tank upon or under the premises; also, the exact location of any other existing tanks upon or under the premises. (f) The size, type, construction, capacity and purpose of the proposed tank, or tanks, and any other existing tanks. (3) Type, construction, design, and installation to meet regulations of the Fire Prevention Code, as recommended by the American Insurance Association. The location, design, construction and installation of all such tanks must comply with all Ordinances of the City of Delray Beach, including Zoning, Building and Fire Codes. In addition, the type, construction, design and installation thereof, must conform strictly to the rules and regulations of the Fire Prevention Code, as recommended by the American Insurance Association. (4) Permit refused when fire hazard increased or ordinance violated. No permit shall be granted where a violation of any City Ordinance is involved,'or where the building official determines the operation or maintenance of any such proposed tank would unduly increase the fire hazard of the surrounding neighbor- hood or property, or where the public safety or welfare is jeopardized. (5) This Ordinance shall not be construed to require a carrier to obtain a permit for the trans- portation of storage tanks or for the storage of same, pending delivery to the consignee, or to reqhire a manufacturer, or dealer in such tanks, to obtain a permit in order to display the same for sale or where not used for the storage of any liquid commonly used for fuel. (8) Thirty thousand (30,000) gallon tQtal aggregate storage limit. It shall be unlawful to construct or install within the City of Delray Beach, facilities for storage of more than thirty thousand (30,000) gallons of said Class I, II, or III flammable or combustible liquids in any one service or storage area, except bulk storage plants in industrial areas, and no permit shall be granted for storage facilities in excess of thirty thousand (30,000) .gallons, except as provided herein. (f) All above ground tank installations shall be of a capacity of three hundred (300) gallons or less and shall be in ~he form of skid tanks. Tanks exceeding three hundred (300) gallon capacity, shall be installed underground.. Above.ground storage tanks in,excess of three h~ndred~ (300) .gallon capacity now in use shall not be replaced with above ground tanks but only with underground tanks. (g) All bulk storage plants shall use underground storage tanks only, regardless of capacity. Section 2. That should any section or,provision of this ordinance or any portion thereof, any paragraph, sentence or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 3. That this ordinance shall become effective ten days after passage on second and final reading. Ord. No. 57-77. PASSED AND ADOPTED in regular session on second and final reading this the l~th day of September ,1977. ATTEST: ~ City Clerk First Reading August 22, 1977 Second Reading. September 12, 1977 - 3 - Ord. No. 57-77.