3-1.2259 Bulk Transfer and Process Transfer Operations.
Section 5706.5 of the 20192022 California Fire Code is hereby adopted by reference, in addition to the followingamended to read as follows:
5706.5. Bulk Transfer and Process Transfer Operations. Bulk transfer and process transfer operations shall be in approved locations. Tank cars shall be unloaded only on private sidings or railroad siding facilities equipped for transferring flammable or combustible liquids. Tank vehicle and tank car transfer facilities shall be separated from buildings, aboveground tanks, combustible materials, property lines, streets, alleys or public ways by a distance of twenty (25) feet (7620 mm) for Class I liquids and fifteen (15) feet (4572 mm) for Class II and III liquids measured from the nearest position of any loading or unloading valve.
Tank vehicles and tank cars shall be unloaded as soon as possible after arrival at point of delivery and shall not be used as storage tanks. Unless otherwise approved, a tank car shall not be allowed to remain on a siding at the point of delivery for more than twenty-four (24) hours while connected for transfer operations. 3-1.22630 Permits for Liquified Petroleum Gases.
Section 6101.2 of the 20192022 California Fire Code is hereby adopted by reference, in addition to the followingamended to read as follows:
6101.2. Permits. Permit(s) shall be required as set forth in Sections 105.56 and 105.67.
EXCEPTION:
1. Residential occupancies. Containers shall not exceed ten (10) gallons water capacity with an aggregate total of twenty (20) gallons.
2. Approved containers not exceeding sixteen and four-tenths (16.4) ounces when displayed for sale in mercantile occupancies.
3. Factory installed containers for recreational vehicles not exceeding ten (10) gallon water capacity.
4. Factory installed tanks that are permanently attached to recreational vehicles.
Distributors shall not fill an LP-gas container for which a permit is required unless a permit for installation has been issued for that location by the Fire Code Official. 3-1.231 Use of Liquified Petroleum Gas Containers in Buildings.
Section 6103.2.1 of the 2019 California Fire Code is hereby amended to read as follows:
6103.2.1 Portable Containers. Portable LP-gas containers, as defined in NFPA 58 shall not be used in buildings except as specified in this section.
1. Areas undergoing construction.
A. Portable containers, not exceeding five (5) gallon water capacity, may be allowed in buildings or areas undergoing construction, when permitted by the Fire Code Official.
B. LP-gas containers shall not be used in a basement, pit, or similar location where heavier-than-air gas might collect. LP-gas containers not exceeding sixteen and four tenths (16.4) ounces may be used in an above-grade under floor space or basement only when such space is provided with an approved means of ventilation.
2. In educational, business, and institutional occupancies when used for research and experimentation provided the individual capacity of any one container does not exceed sixteen and four-tenths (16.4) #31..
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ounces and the aggregate capacity of all containers does not exceed two and one-half (2-1/2) gallons water capacity. When more than one such container is present in the same room, each container shall be separated by a distance of not less than ten (10) feet.
3. At demonstrations and public exhibitions for temporary use provided the individual capacity of any one container does not exceed sixteen and four-tenths (16.4) ounces and when more than one such container is present in the same room, each container shall be separated by a distance of not less than ten (10) feet.
4. With self-contained torch assemblies and similar appliances provided that the individual capacity does not exceed sixteen and four-tenths (16.4) ounces.
Such containers shall not be used for commercial or residential food preparation. 3-1.232 Maximum Capacity of LPG Containers.
Section 6104.2 of the 2019 California Fire Code is hereby amended to read as follows:
6104.2 Maximum capacity within established limits
The outside storage and use of liquefied petroleum gas (LP-gas) shall conform to the provisions of City of Modesto zoning ordinances. The outside storage and use of liquefied petroleum gases is restricted as specified in this section.
The aggregate capacity of any one installation shall not exceed two thousand (2,000) gallons, except that in particular installations this capacity limit may be altered by the Fire Code Official, after consideration of special features such as topographical conditions, nature of occupancy, proximity of buildings, capacity of proposed tanks, degree of private fire protection to be provided, and facilities of the local Fire Department.
1. Storage and dispensing of LP-gas for resale purposes, into approved containers and vehicles, is restricted to those areas of the City zoned as Light Industrial (M-1), Heavy Industrial (M-2), and, in addition thereto, to other commercially zoned properties used as automotive service stations. Dispensing shall be performed only by qualified persons.
2. Dispensing of LP-gas for private use is restricted to those zones identified in subsection 1, and when approved by the Fire Code Official, may be permitted in those areas of the City zoned General Commercial (C-2). Dispensing shall be performed only by qualified persons.
3. For cooking, lighting, or heating in a building, only on a property that does not have natural gas service existing on a boundary line of said property or when prohibition of such storage would cause undue hardship.
4. For temporary use on construction sites, when authorized by the Fire Code Official.
5. For use as an alternative fuel supply for an emergency standby generator, when authorized by the Fire Code Official.
6. For use with certain mobile vending and certain commercial barbecue equipment and other specific uses when authorized by the Fire Code Official.
7. For use by artisans in pursuit of their trade, when authorized by the Fire Code Official.
8. Storage of portable containers awaiting exchange may be permitted in commercial zoned areas of the City, including those zoned Neighborhood Commercial (C-1), when approved by the Fire Code Official and stored in accordance with Section 6109. Such storage shall be located a minimum of twenty (20) feet from any fuel dispenser.
EXCEPTION:
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1. Storage of LP-gas in accordance with Subsections 3, 4 and 5 shall be limited to one container not to exceed two hundred fifty (250) gallons water capacity.
2. The aggregate capacity of containers in storage and use in accordance with subsections 6 and 7 shall not exceed fifteen (15) gallons. Individual containers shall not exceed five (5) gallons water capacity, unless authorized by the Fire Code Official, and shall not be mani-folded. 3-1.233 Storage of Portable LP-Gas Containers Awaiting Use, Resale, or Exchange.
Section 6109.12 of the 2019 California Fire Code is hereby amended to read as follows:
6109.12 Separation from exits. Containers stored inside or outside buildings accessible to the public shall be located not less than ten (10) feet from any exit door or building opening, when only one (1) exit is provided from the building or area, and not less than five (5) feet from any exit door or building opening, when two (2) or more exits are provided from the building or area.
Table 6109.12 of the 2019 California Fire Code is hereby amended to read as follows: Quantity of LP-Gas Stored
Quality of LP-Gas Stored
(Pounds)
Distances to a Building or Group
of Buildings, Public Way, or Line of
Property that can be Built Upon (feet)
720 or less 0
721 to 2,500 10
2,501 to 6,000 15
6,001 to 10,000 20
Over 10,000 25
3-1.234 Administrative Provisions.
Sections 103.2, 103.4, 103.4.1 and 108 of the 2016 California Fire Code are hereby deleted. (Ord. No. 3712-C.S., §§1, 2, effective 1-2-2020)
3-1.235 Permit Amounts For Compressed Gases.
Chapter 1, Table 105.6.9 of the 2019 California Fire Code is amended to read as follows:
105.6.9 Compressed Gases. An operational permit is required for the storage, use or handling at normal temperature and pressure (NTP) of compressed gases in excess of the amounts listed in Chapter 1, table 105.6.9.
EXCEPTION: Vehicles equipped for and using compressed gas as a fuel for propelling the vehicle.
Table 105.6.9-Permit Amounts for Compressed Gases1
Type of Gas Amount x 0.0283 for m3
Corrosive Any Amount
Flammable (except cryogenic fluids and liquefied
petroleum gases)
200 cubic feet
Highly toxic Any Amount
Inert and simple asphyxiant 200 cubic feet
Irritant 200 cubic feet
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Other Health Hazards 200 cubic feet
Oxidizing (including oxygen) 200 cubic feet
Pyrophoric Any Amount
Radioactive Any Amount
Sensitizer 200 cubic feet
Toxic Any Amount
Unstable (reactive) Any Amount
Acutely hazardous (as listed in 40-CFR-355) Threshold Planning Quantity or more. 3-1.236 Permit Amounts for Cryogens.
Chapter 1, Table 105.6.11 of the 2019 California Fire Code is amended to read as follows:
105.6.11 Cryogenic Fluids. An operational permit is required to produce, store, transport on site, use, handle or dispense cryogenic fluids in excess of the amounts listed in Chapter 1, Table 105.6.11.
EXCEPTION: Permits are not required for vehicles equipped for and using cryogenic fluids as a fuel for propelling the vehicle or for refrigerating the lading.
Table 105.6.11—Permit Amounts for Cryogens'1
Type of Cryogenic Fluid Inside Building Outside Building Corrosive Over 1 gallon Over 1 gallon
Flammable Over 1 gallon 55 gallons
Highly Toxic Over 1 gallon Over 1 gallon
Nonflammable 55 gallons 55 gallons
Oxidizer (including oxygen) 50 gallons 50 gallons
ARTICLE 3. ADMINISTRATION
3-1.301 Fees and Related Fees.
(a) Permit Fee. The Council of the City of Modesto may, by resolution adopted from time to time, fix a fee for any permit issued pursuant to the Fire Code.
(b) Plan Check Fee. When the valuation of proposed construction exceeds one thousand dollars ($1,000.00), or a plan is required to be submitted, a plan checking fee shall be paid at the time of submitting plans and specifications for checking.
Where plans are incomplete or changed so as to require an additional plan check, an additional plan check fee shall be charged. The Council of the City of Modesto may, by resolution adopted from time to time, fix a fee for plan checking.
Sections 107.1 and 107.5 of the 2022 California Fire Code is hereby added:
107.1 Fees: A permit shall not be issued until the fees have been paid, nor shall an amendment to the permit be released until the additional fee, if any, has been paid. #31..
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107.5 Related fees: The payment of the fee for the construction, alteration, removal, or demolition of work done in connection to or concurrently with the work or activity authorized by a permit shall not relieve the applicant or holder of the permit from the payment of the other fees that are prescribed by law.
3-1.302 Appeals.
Applicant may appeal the decision of the Fire Code Official to the City Council within thirty (30) days from the date of the decision being appealed whenever the Fire Code Official:
1. Disapproves an application for use of alternate materials, methods and/or types of construction,
2. Disapproves an application for permit or refuses to grant a permit applied for,
3. When it is claimed that the provisions of the code do not apply, or
4. When it is claimed that the true intent and meaning of the code have been misconstrued or wrongly interpreted.
3-1.3034 Administrative Penalties and Remedies.
In addition to any other remedies set forth in this chapter, administrative penalties may be imposed against any person, as defined in Section 1-6.207 of the Modesto Municipal Code, or any responsible party as defined herein for violating any of the requirements set forth in this chapter. Any administrative penalties assessed shall be as follows:
(a) For violations of Section 3-1.216,5 possession, manufacture, sale, use or discharge of dangerous fireworks, the administrative penalty shall be one thousand dollars ($1,000.00) for each specific act found to be in violation of that section.
(b) For all violations of this chapter, other than Section 3-1.216,5 possession, manufacture, sale, use or discharge of dangerous fireworks, the amount of the administrative penalty shall be two hundred fifty dollars ($250.00) for the first violation, five hundred dollars ($500.00) for a second violation within any twelve (12) month period, and seven hundred fifty dollars ($750.00) for any subsequent violations within any twelve (12) month period.
(c) For the purposes of this chapter, the term "responsible party" means any person or persons with the right of possession of the residence or other private property at which dangerous fireworks are possessed, manufactured, sold, used or discharged, including but not limited to:
(1) Any owner of the residence or other private property who occupies the residence or private property (hereinafter "owner-occupant"), meaning the record owner of real property as listed in the most current equalized assessment roll as maintained by the Stanislaus County Assessor at the time of the possession, manufacture, sale, storage, use or discharge of dangerous fireworks; (2) Any owner-occupant, lessee, licensee, or other person having control over a property, structure or parcel of land at the time of the possession, manufacture, sale, storage, use or discharge of dangerous fireworks;
(3) Any person(s) who organizes, supervises, officiates, conducts or controls the gathering or any other person(s) accepting responsibility for such a gathering where dangerous fireworks are possessed, manufactured, sold, used or discharged;
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(d) Responsibility for Proper Property Management. Every owner, occupant, lessee, tenant, or holder of any possessory interest of a residence or other private property within the City is required to maintain, manage and supervise property and all persons thereon in a manner so as not to violate the provisions of this chapter. A responsible party need not be present at the time dangerous fireworks are possessed, manufactured, sold, used or discharged in order for the City to issue an administrative citation under this section.
(e) Nothing in this section shall be intended to limit any of the penalties provided for under the California Health and Safety Code or Penal Code.
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CITY OF MODESTO
ORDINANCE NO. 3760-C.S.
The following Ordinance was introduced by the City Council of the City of Modesto at the meeting of March 7, 2023:
AN ORDINANCE REPEALING AND REPLACING CHAPTER 1 OF TITLE 3 OF THE MODESTO MUNICIPAL CODE AMENDING THE CITY’S FIRE CODE TO ADOPT THE 2022 CALIFORNIA FIRE CODE
Copies of the above-mentioned ordinance are posted at the following locations:
Tenth Street Place, 1010 10th Street
Maddux Youth Center, 615 Sierra Drive
Senior Citizen Center, 211 Bodem Street
Diane Nayares-Perez
City Clerk
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CITY OF MODESTO
COUNCIL AGENDA REPORT
DATE OF MEETING:
April 4, 2023
Date: March 21, 2023
TO: Mayor and City Council
THROUGH: Joseph P. Lopez, City Manager
FROM: Brandon Gillespie, Chief of Police
SUBJECT: Non-Emergency Transport Application for Heavenly Transport LLC CONTACT: Robert Reyna, Captain, [email protected], 209-572-9500 DESCRIPTION:
Hearing to consider approving the application of Heavenly Transport, LLC, and authorizing the issuance of a Permit to operate as a Non-Emergency Medical Transport Company in the City of Modesto. (Funding Source: General Fund)
STRATEGIC PLAN ELEMENT:
This item is related to the 2020-2025 Strategic Plan goal of improving community safety and quality of life through a combination of prevention and intervention efforts that address safety and its underlying issues. (Goal A of Quality of Life Goals and Strategies) BACKGROUND:
The City allows non-emergency medical transport companies to apply for a non-emergency transport permit. In addition to the application, the transport company is required to pay a filing fee of $1,000 and provide all the necessary documents and information as outlined in Modesto Municipal Code 3-9.01 to 3-9.20. Once the application, documentation, and necessary fees have been received by the Modesto Police Department (MPD), a background investigation must be completed by the department. Upon a successful completion of the background investigation, approval by Council is required. After approval from Council has been provided, the permit will be issued by the Modesto Police Department.
Currently there are seven permitted ambulance companies in Modesto to provide non-emergency transport: Amwest Ambulance, Bay Medic Transportation, Citizens Medical Transport, MacIntosh Transport LLC, Provident Senior Solutions Inc, Rose Medical Transportation and Star Nonemergent Transportation.
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City Council, April 4, 2023
Non-Emergency Transport Application for Heavenly Transport LLC
DISCUSSION:
Heavenly Transport LLC applied to operate a non-emergency medical transportation service in the City of Modesto. Heavenly Transport LLC has paid the $1,000 filing fee to cover administrative, investigative, and other incidental costs associated with the application and have provided all necessary information as outlined in Sections 3-9.01 to 3-9.20 of the Modesto Municipal Code. The Finance Department and MPD received complaints regarding this applicant in 2022 (who had a previous permit issued that had since expired), the MPD investigated the complaints and have since closed out the investigation and turned over the findings to the City Attorney’s Office for potential administrative action. The MPD concluded the required background investigation on Heavenly Transport LLC indicating the applicant has complied with the requirements contained in the Modesto Municipal Code 3-9.01 through 3-9.20 and recommended to staff to proceed with Council approval to issue the operational permit.
FISCAL IMPACT:
Heavenly Transport LLC will be required to obtain a City Business license and renew it annually – which currently costs $75, and includes a $4 fee to the State of California for Disability Act AB1379. Additionally, Heavenly Transport LLC will be required to pay mill tax, which is currently at a rate of 0.002, on their gross receipts while operating in the City. Fees and mill tax paid to the City are revenue to the General Fund.
COMMITTEE ACTION:
This was presented to Safety & Communities Committee on February 13, 2023 and was recommended to forward to Council for approval.
RECOMMEDED COUNCIL ACTION:
Staff Recommendations:
Resolution approving the application of Heavenly Transport, LLC and authorizing the issuance of a Permit to operate as a Non-Emergency Medical Transport Company in the City of Modesto.
Approved by:
Brandon Gillespie, Chief of Police
Joseph P. Lopez, City Manager
Attachments:
1. Resolution
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MODESTO CITY COUNCIL
RESOLUTION NO. 2023-XX
RESOLUTION APPROVING THE APPLICATION OF HEAVENLY
TRANSPORT, LLC, AND AUTHORIZING THE ISSUANCE OF A PERMIT TO
OPERATE AS A NON-EMERGENCY MEDICAL TRANSPORT COMPANY IN
THE CITY OF MODESTO
WHEREAS, Heavenly Transport LLC has submitted an application to provide non-emergency medical transport services within the City of Modesto; and
WHEREAS, Heavenly Transport LLC has paid the required $1,000 filing fee and has provided all necessary information as outline in Modesto Municipal Code Section 3-9.03-9.04; and
WHEREAS, the Modesto Police Department has completed background investigations regarding Heavenly Transport LLC per Modesto Municipal Code Section 3-9.05; and
WHEREAS, Council approval is required for Heavenly Transport LLC to function as a non-emergency medical transport service provider within the City of Modesto, and;
WHEREAS, a duly noticed public hearing was held by the City Council of the City of Modesto on April 4, 2023 at 5:30 p.m. in the Tenth Street Place Chambers located at 1010 Tenth Street, Modesto, California, to consider authorizing the issuance of a permit to Heavenly Transport LLC for a nonemergency medical transport service within the City of Modesto, and; WHEREAS, Modesto City Council finds that Heavenly Transport LLC will serve the public convenience and necessity requirements. #32..
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NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Modesto that it hereby approves the application of Heavenly Transport LLC and issues Heavenly Transport LLC a permit to operate as a non-emergency medical transport company in the City of Modesto.
The foregoing resolution was introduced in a regular meeting of the Council of the City of Modesto held on the 4th day of April 2023, by Councilmember ________, who moved its adoption, which motion being duly seconded by Councilmember ______, was upon roll call carried and the resolution adopted by the following vote:
AYES: Councilmembers:
NOES: Councilmembers:
ABSENT: Councilmembers:
ATTEST: _____________________________
DIANA NAYARES-PEREZ, City Clerk
(SEAL)
APPROVED AS TO FORM:
BY: _________________________________
JOSE M. SANCHEZ, City Attorney
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