Ord 54-30 XII
AN 0RDINANGI REGULATZNG T~ STORAGE, SAI~, HANDLING A~D
USE OF INFLAMMABLE LIQUIDS AND THE PRODUCTS THEREOF IN THE
CITY OF DELRAY BEAOH, FDOEIDA,
Be It Ordained By the Nayor and the City Council in the City
of Delray Beach, Florida, that for the purpose of regulating
the %torage, sale, handling and use of gasoline, benzine,
benzol, naphtha, aleoho~l, kerosene and other inflammable
liquids and the produtts thereof in the City of Delray Beach,
the f'ollowing is hereby ordained:
S~TION I. For the purpose of this ordinance in-
flammable liquids are divided into three classes a~cording
to the flash point as follows:
Glass I: Liquids with flash point below E5 degrees
F~amheit closed c~P tester.
Glass E: LiQu~lds with flash point above that for
Glass I and below ?0 degrees Fahrenhe!~
c!~e'ed cup tester,
~laese~: Liquid's, with flash point above that for
Claes E and below E00 de~rees Fahrenheit
closed cup tester.
Flash points shall be determined with the Abel-
Pensky or. t~ ~ ensky-Martins or Tag closed cup
tee~er. Tag closed cup tester as standardized
by the U. S, Burear of Standards,
SEGTION 2. Representative examples of the inflam-
mable, liquid's are:
~lass I - Ether
Carbon bisulphide :~'~
~? Gasoline
~ Naphtha
' Benzol
O~llo di on
" Hydro-~arbon
Liquefied Petroleum. gas,
Glass E - Accotone
Alcohol
Amyl acetate
Toluol,
O'lass 3 - Kerosene
Amyl alcohol
Tmrpentine
Whi ske y
Brandy.
SEOTION 3. Exoept as specified in Section 4, a
permit, whieh shall be for one or both of the following sub-
divisions, shall be obtained;
Ia) For the storage or handling of a total quantiSy
of Clas? I liquids in excess of one gallon in any dwelling,
apartment house or tenement; and in excess of fi~e gallons
in any other building; and in excess of ten g~llons outside
of any building, and then only if kept in se.If-closing metal
cans Or t~ks made for the purpose, and free from leaks; and
provided, further, no cans shall be lille d inside the building.
(b) For the storage or handling of a total quantity
of Class E liquids in ex~ess of ~ive gallons in any dwelling,
apartment' house or tenement; and in excess of ten gallons in
any other building; and in exeess of 'P.5 gallons 0utsi .~'~'~,.of
any building and then only if kept in self-closing metal
eans or tanks made for the purpose, and free from leaks; a~d
provided further, no cans shall be filled inside the building.
(e) For the. storage or handling of a total quantity
of Class 3 liquids in excess of ~ gallons inside any buil~llng
and in excess of ~ gallons outside of any b;ilding, and then
only if kept in self-closing metal cans or tanks made for the
purpose.
S~CTION $. Unless a storage of quantities in exoess
of those given in Section 3 is to be maintained for at leas~
30 days, nothing in this ordinance shall require an owner ~r
occupant, or his agent,~to obtain a permit for the use of,nor
does it prohibit the use by him of, paints, oils, varnishes,
and similar inflammable liquids.
ApRlication. for a permit shall be made to the
ahief of the Fire Department in writing a~d shall state the
looation of the building and q~antity of gasoline, benzine,
benzol, naphtha, or other, inflammable liquids l~ is desired
to keep o~m s~t~ox~age er~.~i~ale; provided, howe~er, no provision
in this ordinanoe is intended to prohibit the oarrying of
gasoline ' in the storage tanks of automobiles, or other
gasoline driven vehieles~
SECTION §. No permit shall be issued for the
storage or keeping four sale or use of gasoline, benzine, ben-
zol, naphtha, or otber~ inflammable liquids exoeeding l0
gallons in quantity, exeept Glass Z'liQuids as 'provided f~
in Seotion Z, save in underground (bnried in the ground)
metal tanks with an ~0pening for drawing off contents below
the level of th~ ground but to be drawn from by pump.
Sueh tanks shall be eOnstruoted ~f steel or iron galvanized
or painted and of suitable thiokness and weight, and shall be
equippe& with a fill~pipe outside and at least tan feet fr~
the building. Fill pipe shall be provided with a soreen
near the top and terminating in an iron oover whieh shall be
kept looked. The vent pipe shall extend outside to a point
at least l0 feet away from the building or to a point E feet
above the roof, and~be equipped at the en~ with a goose neek
and s~reen Z0 mesh.
Tanks must be set ~pon a firm foundatimm, and
outside ~.tanks when above ground, except portable tanks, mu~t
be eleetrieally group, ed.
Tanks more then one foot above the ground must have
foundations and supports of non-~ombustible material, except
wooden cushions; no combustible mater~al shall be permitted
under nor within l0 feet of any above ground outside stor-
age tank.
Tanks containing crude petroleum shall be surrounded
by an embankment or wall .of sufficient height to provide
storage e~ual to l~ times the capacity of the tank.
SEOTION 6. Tanks shall be lo~ated undergr~_~d with
their tops~ at laas~ three feet below the surface of the ground
and below the level of the lowest pipe in building t~ be mxp-
~plied, Tanks may be permitted .underneath building if buried
at least three feet below the ground; p~ovlded, howevem,
tha~ fill ~r~ vent pipe shall be extended to outside of build-
lng in accorance with provisions ~f Section §e Tanks ahall
be set on a firm foundation and surrounded with soft earth
or sand well tam, ed into place or encase~ in concrete. ~ank
may have a test well, provided well extends to near bottom
of tank, and top end shall be hermetically' sealed ~m.d locked,
except when ~ecesserlly open. ¥~hen tank is located underneath
a building the .test' well shall extend at least twelve feet
above the source of supply. The limit of storage permit'te~
shall depend upon location of tanks with respect to the
building to be supplied and adjacent buildings, as fallows:
Not exceeding §0'0 gallons total capacity~ if top
of tank is not lower than every floor, basement,~ cellar cr
pit in any building within l0 feet, in which case it must
be entirely encased in six inches of concrete~
Not e::eeeding 1,500 gallons tatal capacity, if tod
of ta~'~k is lower tt~~n any floor, basement, cellar or pit
within a radius of ZO fe~t.
Over 1,500 but not exceeding 5,000 gallons, if
top ol tank is lower than any floor, basement, cellar or
pit within a radius of ~0 feet.
Over 5,000, but not e}~eeeding 20,000 gallons, if
top of tank is lower than any floor, basement, cellar or
pit within a radius of 50 f~et.
Eore than 20,000 gallous may be installed
~;rou~d o~ly by special permission of council; provided,
however, that more than 20,000 gallons ~hall not be stored
within fire limits nor within 50 feet of any building
outside fire limits, unless top oi' tank is lower than any
floor, aellar or pit ~thin a radius of 50 feet.
SECTION '~. The stor~-~ge of inflammable liquids
inside building, e::~epting building now so used, s~ll be
a~ oiven in t~ following sub-section; provided that a
special storage room or fire-proof building conforming to
requirement~ given in seetion 8 an unlimited quantity may
bo maintained therein, except oi~ Class i liquids:
(a) Within the limits given in Section lC.
In frame buildings:
Classes I and 2 prohibited.
Class Z. t~l'aximum limit of any tank or container
to be 60 gallons.
In other than frame buildings:
Class 1. In sealed ~ontainers or safety cans of
not more than i gallon capacity and not
exceeding a total of l0 gallons.
Class 2. In sealed c~ntainers or safety cans of
not more titan 5 gallon~ capacity, and in
barrels, drums or tanks of not more thsn
60 gall,ns capacity. (Total quantity to
be stored in this manner unlimited.
Class Z. In sealed containers in not m~.e than 5
gallons capacity, in barrels sz~d ~ums
and in ~anks not enceeding 1E0 gallons
capacity. (Total ~uantity to be stored
in this manner unlimited,)
(b) Outside the limits given in ~e~tion 10.
In frame buildings:
Class 1. In sealed .~o~tainers o~~ safety cans of not
more than I gallon capacitY, and not
exeeedin¥ ~ total of l0 gallons,
Class 2, In sealed ~ontainers of not more t~n 5
gallons eaps~eity and in barrels, d~s
or ta~s not e:.~eeeding 60 gallons capacity.
(Total q~ntity to be stored in this
m~ner ~limited. )
C~ss Z. In sealed ~onts. iners or safety cans not
exceeding 5 gallons capacity, i~ barrels
and dr~s a~ld t~ks not e::eeed.i~ lB0
g~lons eapacZ~. (Total quantity to
be stored in this n~ner ~limited,)
In other ~ frsme buildings:
Class 1. Sot ex~eedi~ ~0 gallons in sealed con-
trainers or safety ~ans ~ not more
5 gallon~ e~p~.eity, i~'~. dr~s ~nd barrels
~.nd i~ tan?~s not e~eeding 120 ~s. llons
capacity. (2ot~1%uantit~ to b~ stored
in th~s manner ~limited.)
Cls. ss 3. In sealed containers, dr~s ~nd barrels
~d in t~s not exceeding 240
capacity. (Tot~:~l quantity to be stored
in this ~na~m~er ~li:~ite~l[. )
SZCTION 8. Sp~ial rooms for the storage ~infl~-
~able liquids and the handling ~d use of infl~n~'~,.ble' li%~ds
where celled for i~ +i~is ordi~.~a~-~ .{~:.h~-:.ll be eonstru,}ted as
follows:
~f[alls, floor and ceiling to be of eight i~hcs of
b~'iek o~" concrete, or four inches of ~'einforeed ~
door openi~ngs ~ other rooms o~- b'mildi~s to be provl, ded with
sills raised six i~ehos s~nd ~'~ith ~utom~.tieally-~losing fire-
doors; windows to be wired glass in metalli~ sash ~d frames;
no ~ombustible material ~ed i~ ~onst~-uetio~ except tha. t
floor s~faeing ms.y be of wood, ~gth proper ventilation
provided no ppening to rooms below ex,~ept as made necessary
by trade or manufacturing process, and openings 'to rooms ~nd
other parts of b~ldin~ abo~e to be provided with sa tomati-
eally-elosing flro-doors or trap doors.
SECTi~ 9. ~o~'tabic ta~s (by wLi~h ~hail b~ ~der-
stood a metal receptacle mo~ted o~ v~he~ls and provided with
means for filling and withdrawing liquids) sh~l, wh~ not
in usc bc kept outsid~ of building, ~less .b~fore ~e estab-
lishment is closed at ni~t the liquid shall ~ve been with-
dr~ fro$ such t~k or ta~s and smeh ta~s shall b~ filled
outside of building o~ly. l~o such portable ta~'~ks shall
have a ~apa~ity in e~ess of 60 gallons.
SEOTION 10. Except as otherwise permitted in th~
ordinance, the storage of i~fl~m.~able liquids shs&l be out-
side build~g in ~dergro~d t~ks or abo~e gro~d t~ks~
e]~eept that the storage in tanks above the ground ~d outside
building is prohibited wi~in the following limits:
Within the City L~its of Ci~ of Delray Beach, except alo~
the ~i~t of Way of the Florida East Coast Railway or Seaboard
Air Line Railway, not to extend a distance of more than 1~5'
]?rom such ri~t of way, ~d not to be within the inner or outer
fire li~ts of the City.
provided that for existiz~g tanks within s,~h limits which
are properly safeguarded s.~d do not introduce a distinct
hazard to other property a permit shall be granted.
SECTIOi~ ll. Eixing, storing or handling of inflam-
mable liquids of Class i and Class 2 in open e o~'~tainers is
prohibited in any store or in any building housing more than
two fan~ilies, or in a frame building housing more than one
family, provided that this shall not apply to drug sto~es vhere
inflamnmble liquids are used in making and compounding
medicines aud prescriptions.
SZOTION 12. '~Zx~ept wlmre kept in sealed containers ,
Class Z liquids shall be kept in storage ta~s ~derground or
outside of building, and no dis~harg~ system shall have o~t-
l~t inside building, ~less in a special room, a~ given in
5eeti .a~ 8; pro~ided .... ~ t ....
.~apa. city may be used; ~x~ept tM~.t if of over one-gallon eap-
a~ity they must be kept ~d used in ~e~ial rooms, as giv~
in ~etion 8.
~ECTI0::: 1Z. Drawin~ or handling of Classes 1 and
2 liquids in rooms t~ing open heat or lights other than in-
~smdesaent elactrie, will not be ?ermitted. And no d~aler
shall sell or deal in liquids in the abo~e mentioned classes
to any ~ust0mer i~ c.~ae~s of one pint, except in metal
if pro~r appliances for automatically alosing tho apert~'e
when such e~s are ~ot bci~o used for filling or emptyi~E,
or thresh iio~e
SECTION 14. The usc of ~asoli~ in open vessels
in a buil~ for eleani~ purposes ia prohibited.
5~CTI0i~ 15. All tanks ~. containers ~o~i~ within
the pro~isions of tLis ~dinaneo, exaept those of t~ gallons
a~z~y or less, ~.~cpt ou~si.d~ the buildi~ 'above ~ro~,
~hail bear th~ lsbcl of tho Und-~. "~'
~tl~or~ ~abora~ories, ins.
SZC2'IuN 16. Ail dezlers sLa!l report to CLief
Fire Depar~ent daily 't~ n~es ~'~d addresses of all
fi~s or so rporat ions to whom over one 6~1o~ of ~asoline~
benzine, benzol or naphtha is delivered; provided, however,
nothin~ in ~is asstio:~ shall apsly t~ tLe delivery of tha
abovo-n~ed liquids to tanks of automobiles or other gasoline-
driven vehisles.
SECTION 1~. Nothing in tLis ordinanee is inten~ied
prohibit d~y lisensed wholesale dealers in oils ~d gasoli~
from earr$ing su~,h liquids ~ tanks abo~e gro~ud on their
pi~'emis~s, provided such t~ are lo~ated lO0 feet or more
fro:p any b~lding, other ths~ dealer's own warehomse, stable
or shed, or in tanks, wagons, barrels or ~losed ~ans for
livery to their ~usto~ers, but no such tanks shall be so
located that thc oils or gasoline in ev~ntof aeeid~t v~ould
drain into a r~in~ stre~ or towards other ~ildiz~s in 'the
vie inity.
SECTION 18. CONSTPJJCTION, INST~LATI0~[ ~D USE
~AooL~,~ V~ER GAS LI~TIEG ~il,~Eo, L~PS AND oYSE~S -
The ~o~struetion, installation and use of all gasoline raper
yas li~ting macbits, l~ps and systems ~gl conform to
thc "R~les and Reguirements of the l~ational Doard of Fire
Underwriters" as the~ are no~ established or may hereafter
bc amended, a~d thc said r~es and re2u.irements are hereby
approved as a part of this oz'dina~ee. All i~tallations ~' ~is
character st-roll be subject to t~ inspection ~ the Chief ~ ~e
Fire Departm~t, ~md it shall be ~lawf~ to install my such
system without first obtain~.ng a permit ~herefor f~ him,
or the use of su,~h system ~.til t'ne inspection st~ll have be~
made and the permi'.~sion grated for the ~e of s~e by the
~aid Chief.
S]~CTION 19, STATIONARY WASoLii~-E ~.'~'~ ~'~
stru~tion, installation and uae of all stationary gasoli~
gines shall eonfo~ to the "Rules and Req~ements of tim
l~atiol~al Doard of ?ire Underwriters" as they are ~ow
tablished or may be hereafter amended, ~d the said ~s ~d
requirements are hereby approved as a part o~ this ~dinance.
All installations of this ~araeter shall be $ubjeet ~ the
inspection of the Chief of the ~ire Department ~d it shall be
unlawful t~o install any ~u~h engine without first ob taintng
a permit therefor from him, or to use sueh engine ~until the
inspeetion shall have been made and the permis;sion granted
for the use of same by the said Chief. '
SEaTION ~0~ All persons, firms ar eorparation
failing to eomply with or violating any of the terms of ~his
ordinanee shall be fined not more than twenty (SE0.00)
del]arm, for eaeh and every day said person, firm or ~orpor-
ation shall so fail to offmmd~
~ECTION El. All ordinanees or parts of ordinanees
_-£n-.~onfliet' with the above are hereby repealed.~
SEGTION £E. This ordinance shall be in effeet.
on· and after' i~s passage.
.... l~pted by the C. ity .C. ouneil of the City of Delray Beacl
ATTEST :~P~eSiden~ of the ,
APl?ROVED THIS l~th day of /ranuary, A. D. 19~0.