Absent: Joyce Woodson.
Also Present: Mr. Hartmann, City Manager; Mr. Pessoa, City Attorney; Ms. Evans, Deputy City Manager; Mr. Jinks, Deputy City Manager; Mr. Johnson, Director, Office of Management and Budget (OMB); Ms. Fogarty, Director, Planning and Zoning (P&Z); Mr. Josephson, Deputy Director, P&Z; Ms. Peterson, Urban Planner, P&Z; Mr. Hunt, Urban Planner, P&Z; Mr. Kincannon, Director, Recreation, Parks and Cultural Activities; Ms. Barnett, Deputy Director, Recreation, Parks and Cultural Activities; Mr. Farner, Division Chief, P&Z; Mr. Mason, Special Assistant to the City Manager; Mr. Forman, Urban Planner, P&Z; Ms. Boyd, Director, Citizen Assistance; Mr. Hannigan, Public Information Officer; Mr. Mann, Urban Planner, P&Z; Ms. Vosper, Landscape Architect, Recreation, Parks and Cultural Activities; Ms. Durham, Open Space Coordinator/Architect, Recreation, Parks and Cultural Activities; Mr. Robinson, General Services; Ms. Goodwine, ITS; Mr. Martinez, ITS; Police Lt. Uzzell and Mr. Lloyd.
Recorded by: Gloria Sitton, Deputy City Clerk and Clerk of Council
OPENING
1. Calling the Roll. The meeting was called to order by Mayor Euille, and the Deputy City Clerk called the Roll; all the Members of Council were present, except Councilwoman Woodson, who had an excused absence. 2. Public Discussion Period. The following persons participated in the Public Discussion Period: (a) Jim Hursyz, 127 South Fairfax Street, #202, spoke of the base realignment and the possible establishment of more rapid mass transit to the area. (b) Van Van Fleet, 26 Wolfe Street, President of the Old Town Civic Association, spoke about the closing of the George Mason Station of the United States Postal Service and requested that Council consider adopting a resolution regarding the location of the George Mason Postal Service. Mayor Euille noted that City staff has been working with the Postmaster to resolve this issue and maintain a postal station within the parameters of the King Street and Washington Street corridors. Mayor Euille also requested that staff docket the resolution for consideration at the June 27 legislative meeting. (c) Charlotte Hall, 205 The Strand, representing the Jamestown 400th Anniversary Citizens Committee, recognized Janet Barnett, Deputy Director, Recreation, Parks and Cultural Activities, for her work and dedication during the planning of the events surrounding the Godspeed visit. REPORTS OF BOARDS, COMMISSIONS AND COMMITTEES ACTION CONSENT CALENDAR1 (3-14) Planning Commission 3. SPECIAL USE PERMIT #2006-0023 4551-A DUKE STREET (Parcel Address: 4513 DUKE STREET) RESTAURANT Public Hearing and Consideration of a request for a special use permit to operate a restaurant; zoned CG/Commercial General. Applicant: Demetris, Gus and Diane Monis. PLANNING COMMISSION ACTION: Recommend Approval 6-0 (A copy of the Planning Commission report dated June 6, 2006, is on file in the Office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 3; 06/17/06, and is incorporated as part of this record by reference.) 4. SPECIAL USE PERMIT #2006-0024 2701 CAMERON MILLS ROAD AND 526 MONTICELLO BOULEVARD WESTMINSTER PRESBYTERIAN CHURCH Public Hearing and Consideration of a request for a special use permit to allow a temporary office trailer; zoned R-8/Residential. Applicant: Robert Calhoun PLANNING COMMISSION ACTION: Recommend Approval 6-0 (A copy of the Planning Commission report dated June 6, 2006, is on file in the Office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 4; 06/17/06, and is incorporated as part of this record by reference.) 5. SPECIAL USE PERMIT #2006-0025 3160 COMMONWEALTH AVENUE (20A) WELLNESS/MASSAGE CENTER Public Hearing and Consideration of a request for a special use permit to operate a wellness and massage facility; zoned CL/Commercial Low. Applicant: Maryellen Thorp PLANNING COMMISSION ACTION: Recommend Approval 6-0 (A copy of the Planning Commission report dated June 6, 2006, is on file in the Office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 5; 06/17/06, and is incorporated as part of this record by reference.) 6. SPECIAL USE PERMIT #2006-0030 3223 B DUKE STREET (Parcel Address: 3125 Duke Street) JW TUMBLES Public Hearing and Consideration of a request for a special use permit to operate a children's physical fitness and sports preparation facility (commercial school); zoned CG/Commercial General. Applicant: JW Tumbles c/o JBG Rosenfeld Retail by David Gill, attorney PLANNING COMMISSION ACTION: Recommend Approval 6-0 (A copy of the Planning Commission report dated June 6, 2006, is on file in the Office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 6; 06/17/06, and is incorporated as part of this record by reference.) 7. SPECIAL USE PERMIT #2006-0031 3223 DUKE STREET (Parcel Address: 3125 Duke Street) JHOON RHEE TAE KWON DO Public Hearing and Consideration of a request for a special use permit to operate a tae kwon do school (commercial school); zoned CG/Commercial General. Applicant: Jhoon Rhee c/o JBG Rosenfeld Retail by David Gill, attorney PLANNING COMMISSION ACTION: Recommend Approval 6-0 (A copy of the Planning Commission report dated June 6, 2006, is on file in the Office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 7; 06/17/06, and is incorporated as part of this record by reference.) 8. SPECIAL USE PERMIT #2006-0035 2305 MOUNT VERNON AVENUE COMMERCIAL SCHOOL Public Hearing and Consideration of a request for a special use permit to allow lifestyle and wellness classes at an existing wellness facility and for a parking reduction. Applicant: TechnoloChi, LLC by Daisy Birch PLANNING COMMISSION ACTION: Recommend Approval 6-0 (A copy of the Planning Commission report dated June 6, 2006, is on file in the Office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 8; 06/17/06, and is incorporated as part of this record by reference.) 9. SPECIAL USE PERMIT #2006-0027 209 MADISON STREET SPORT AND HEALTH COMPANY Public Hearing and Consideration of a request for a special use permit amendment for an increase in the hours of operation and an expansion of the existing health and athletic facility; zoned OCM (50)/Office Commercial Medium. Applicant: Old Town Athletic Club, Inc., d/b/a Sport and Health Company by M. Catharine Puskar, attorney PLANNING COMMISSION ACTION: Recommend Approval 6-0 (A copy of the Planning Commission report dated June 6, 2006, is on file in the Office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 9; 06/17/06, and is incorporated as part of this record by reference.) 10. SPECIAL USE PERMIT #2006-0029 606 KING STREET RESTAURANT Public Hearing and Consideration of a request for a special use permit to operate a restaurant (bakery/cafe); zoned CD/Commercial Downtown. Applicant: Bruegger's Enterprises, Inc., by Duncan Blair. PLANNING COMMISSION ACTION: Recommend Approval as Amended 6-0 (A copy of the Planning Commission report dated June 6, 2006, is on file in the Office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 10; 06/17/06, and is incorporated as part of this record by reference.) 11. SPECIAL USE PERMIT #2006-0022 2609 AND 2611 MOUNT VERNON AVENUE CURVES Public Hearing and Consideration of a request to extend the time period of a special use permit to operate a fitness facility; zoned CL/Commercial Low. Applicant: Curves for Women by Jim Gasson PLANNING COMMISSION ACTION: Recommend Approval 6-0 (A copy of the Planning Commission report dated June 6, 2006, is on file in the Office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 11; 06/17/06, and is incorporated as part of this record by reference.) 12. SPECIAL USE PERMIT #2006-0037 110 SOUTH PITT STREET EAT GOOD FOOD, LLC Public Hearing and Consideration of a request for a special use permit amendment to enclose the existing outdoor dining area and a modification of a zone transition setback; zoned CD/Commercial Downtown. Applicant: Eat Good Food, LLC by Duncan Blair, attorney PLANNING COMMISSION ACTION: Recommend Approval 6-0 (A copy of the Planning Commission report dated June 6, 2006, is on file in the Office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 12; 06/17/06, and is incorporated as part of this record by reference.) 13. SPECIAL USE PERMIT #2006-0038 228 SOUTH PITT STREET ST. PAUL' S EPISCOPAL CHURCH Public Hearing and Consideration of a request for a special use permit for a parking reduction; zoned RM/Residential. Applicant: St. Paul's Episcopal Church by Duncan Blair, attorney PLANNING COMMISSION ACTION: Recommend Approval as Amended 5-0-1 (A copy of the Planning Commission report dated June 6, 2006, is on file in the Office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 13; 06/17/06, and is incorporated as part of this record by reference.) 14. ENCROACHMENT #2006-0001 228 SOUTH PITT STREET (400 BLOCK OF DUKE STREET FRONTAGE) Public Hearing and Consideration of a request for an encroachment into the public right-of-way for installation of an ADA complaint access ramp, stairs and landing, zoned RM/Residential. Applicant: St. Paul's Episcopal Church by Duncan Blair, attorney PLANNING COMMISSION ACTION: Recommend Approval 6-0 (A copy of the Planning Commission report dated June 6, 2006, is on file in the Office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 14; 06/17/06, and is incorporated as part of this record by reference. END OF ACTION CONSENT CALENDAR WHEREUPON, upon motion by Vice Mayor Pepper, seconded by Councilman Gaines and carried unanimously, City Council approved the action consent calendar, with the removal of docket items #8, #13 and #14, as follows: 3. City Council approved the Planning Commission recommendation. 4. City Council approved the Planning Commission recommendation. 5. City Council approved the Planning Commission recommendation. 6. City Council approved the Planning Commission recommendation. 7. City Council approved the Planning Commission recommendation. 9. City Council approved the Planning Commission recommendation. 10. City Council approved the Planning Commission recommendation. 11. City Council approved the Planning Commission recommendation. 12. City Council approved the Planning Commission recommendation. The voting was as follows:
Subsequent Year’s Budget as Designated
901.6.7 Periodic testing, inspection and maintenance. All carbon dioxide extinguishing systems shall be maintained, periodically inspected and tested in accordance with NFPA 12 listed in Chapter 45 and Sections 904.8.1 through 904.8.5. Any required inspections and tests shall be performed in the presence of the Code Official unless such requirement is waived by the Code Official. Fees for the attendance of the Code Official shall be charged in accordance with the fee schedule of the Code Enforcement Bureau. 901.6.8 Periodic testing, inspection and maintenance. All halogenated extinguishing systems shall be maintained, periodically inspected and tested in accordance with NFPA 12 A listed in Chapter 45 and Sections 904.9.1 through 904.9.3. Any required inspections and tests shall be performed in the presence of the Code Official, unless such requirement is waived by the Code Official. Fees for the attendance of the Code Official shall be charged in accordance with the fee schedule of the Code Enforcement Bureau. 901.6.9 Periodic testing, inspection and maintenance. All clean agent fire extinguishing systems shall be maintained, periodically inspected and tested in accordance with NFPA 2001 listed in Chapter 45, the system manufacturer’s instructions and Sections 904.10.1 through 904.10.3. Aby required inspections and tests shall be performed in the presence of the Code Official, unless such requirement is waived by the Code Official. Fees for the attendance of the Code Official shall be charged in accordance with the fee schedule of the Code Enforcement Bureau. 901.6.10 Periodic testing, inspection and maintenance. All dry-chemical extinguishing systems shall be maintained, periodically inspected and tested in accordance with NFPA 17 listed in Chapter 45, the system manufacturer’s instructions and Sections 904.11.1 through 904.11.4. Any required inspections and tests shall be performed in the presence of the Code Official. Fees for the attendance of the Code Official shall be charged in accordance with the fee schedule of the Code Enforcement Bureau. 901.6.11 Periodic testing, inspection and maintenance. All wet-chemical extinguishing systems shall be maintained, periodically inspected and tested in accordance with NFPA 17A listed in Chapter 45 and Sections 904.5.1 and 904.5.2. Any required inspections and tests shall be performed in the presence of the Code Official, unless such requirement is waived by the Code Official. Fees for the attendance of the Code Official shall be charged in accordance with the fee schedule of the Code Enforcement Bureau. 901.6.12 Periodic testing, inspection and maintenance. All fire detection and alarm systems shall be maintained, periodically inspected and tested in accordance with NFPA 72 listed in Chapter 45 and section 907.20.1 and 907.20.5. Any required inspections and tests shall be performed in the presence of the Code Official, unless such requirement is waived by the Code Official. Fees for the attendance of the Code Official shall be charged in accordance with the fee schedule of the Code Enforcement Bureau. 901.6.13 Periodic testing, inspection and maintenance. Emergency alarms in building, rooms or areas used for the storage of hazardous materials shall be maintained, periodically inspected and tested. Test methods and frequency shall be in accordance with NFPA 72 listed in Chapter 45. Any required inspections and tests shall be performed in the presence of the Code Official. unless such requirement is waived by the Code Official. Fees for the attendance of the Code Official shall be charged in accordance with the fee schedule of the Code Enforcement Bureau. 901.6.14 Periodic testing, inspection and maintenance. All fire pumps shall be inspected, tested and periodically inspected and tested in accordance with NFPA 25 listed in Chapter 45. Any required inspections and tests shall be performed in the presence of the Code Official, unless such requirement is waived by the Code Official. Fees for the attendance of the Code Official shall be charged in accordance with the fee schedule of the Code Enforcement Bureau. 901.6.15 Periodic testing, inspection and maintenance. Water tanks, fire service mains, and fire hydrants shall be periodically inspected, tested and maintained in accordance with NFPA 25 listed in Chapter 45. Any required inspections and tests shall be performed in the presence of the Code Official, unless such requirement is waived by the Code Official. Fees for the attendance of the Code Official shall be charged in accordance with the fee schedule of the Code Enforcement Bureau. 901.6.16 Periodic testing, inspection and maintenance. All fire department connections shall be maintained, periodically inspected and tested and maintained in accordance with NFPA 25 listed in Chapter 45. Any required inspections and tests shall be performed in the presence of the Code Official, unless such requirement is waived by the Code Official. Fees for the attendance of the Code Official shall be charged in accordance with the fee schedule of the Code Enforcement Bureau. 901.6.17 Periodic testing, inspection and maintenance. All smoke control and smoke management systems shall be maintained, periodically inspected and tested and maintained in accordance with the requirements listed in Section 909.21. Any required inspections and tests shall be performed in the presence of the Code Official, unless such requirement is waived by the Code Official. Fees for the attendance of the Code Official shall be charged in accordance with the fee schedule of the Code Enforcement Bureau. 901.6.18 Periodic testing, inspection and maintenance. All access control systems shall be maintained, periodically inspected and tested and maintained in conjunction with any fire protection system inspection and test. Any required inspections and tests shall be performed in the presence of the Code Official, unless such requirement is waived by the Code Official. Fees for the attendance of the Code Official shall be charged in accordance with the fee schedule of the Code Enforcement Bureau. (56) Chapter 9 Section 901.7 is amended by adding the following text after the first sentence to the first paragraph. 901.7 Systems out of Service. Fire watches shall be established and operate in accordance with Appendix B, “Requirements for a Fire Watch”. (57) Chapter 9, Section 903.5 is amended by adding the following text and subsections: 903.5 Testing and maintenance. Sprinkler systems shall be tested and maintained in accordance with this Section and Section 901. 903.5.1 Flow test. All systems shall be tested at the test pipe to determine that the water-flow detecting devices, including the associated alarm circuits are in proper working order. Dry pipe systems shall deliver water to the inspectors’ test pipe in not more than 60 seconds. 903.5.2 Air test. Before the water supply for a dry pipe system is turned on and the system is placed into service, the system shall be tested with air pressure of at least 40 psi (276 k Pa) and be allowed to stand 24 hours with a maximum pressure loss of 1 ½ psi (10.34 k Pa). To prevent damaging the valve, the clapper valve of a differential-type dry pipe valve shall be held off the seat during any test at a pressure in excess of 50 psi (344.75 k Pa). Automatic air pressure maintenance devices shall be capable of restoring normal operating pressure to the system within 30 minutes, except for low-differential dry pipe systems where the maximum recovery time shall be 60 minutes. (58) Chapter 9, Section 906 is amended by adding the following: 906.11 Maintenance. Maintenance of fire extinguishers shall be in accordance with NFPA 10, but no less than monthly visual checks, yearly service by a certified individual and hydrostatic test of cylinders every five years. (59) Chapter 9, Section 912.3 is deleted and substitute the following: 912.3 Access. Immediate access to fire department connections shall be maintained at all times and without obstructions by fences, bushes, trees, walls or any other object for a minimum of 4 feet. (59) Chapter 10, Section 1002.1 is amended by adding the following definition: Overcrowding: A condition in which the number of occupants exceeds the total number approved persons permitted to occupy a structure at any one time. (60) Chapter 10, Section 1008.1.8.7 , exception 3 is deleted. (61) Chapter 10, Section 1024 is amended by changing the following code subsection: 1024.16 Accountability. A person responsible for controlling the occupancy capacity shall develop a system to manage the occupancy capacity for approval by the Director of Code Enforcement. This system shall be implemented outside the main entrance and consist of a mechanism to count persons as they enter a facility without restricting egress. (62) Chapter 10, Section 1027 is amended by adding the following subsections: 1027.6 Overcrowding. A person shall not permit overcrowding or admittance of any person beyond the approved occupant load. The code official, upon finding overcrowded conditions or obstruction in aisles, passageways or other means of egress, or upon finding any condition which constitutes a hazard to life and safety, shall cause the occupancy, performance, presentation, spectacle or entertainment to be stopped until such a condition or obstruction is corrected and the addition of any further occupants prohibited until the approved occupant load is re-established. 1027.7 Operator responsibility. The operator or the person responsible for the operation of an assembly or educational occupancy shall check egress facilities before such building is occupied to determine compliance with this section. If such inspection reveals that any element of the required means of egress cannot be accessed, is obstructed, locked, fastened or otherwise unsuited for immediate utilization, admittance to the building shall not be permitted until necessary corrective action has been completed. (63) Chapter 11, Subsection 1101.3 is deleted and substitute the follows: 1101.3 Permits. Permits to operate aircraft-refueling vehicles, application of flammable or combustible finishes, and hot works shall be obtained from the Director of Code Enforcement in accordance with Table 107.2. (64) Chapter 11, Section 1107 is amended by adding the following subsection: 1107.1.1 Permits. Permits shall be obtained from the Director of Code Enforcement in accordance with Table 107.2 (65) Chapter 11, Section 1107.2 is amended by adding the following subsection: 1107.2.1 Safety Personnel. A minimum of two trained safety personnel shall supervise the landing area during landing and takeoff. Safety personnel shall be dedicated to the landing area and ensure the area is clear of pedestrians and unauthorized personnel. (66) Chapter 12, Subsection 1201.2 is deleted and substitute the following: 1201.2 Permits. Permits shall be obtained from the Director of Code Enforcement in accordance with Table 107.2. (67) Chapter 13, Subsection 1301.2 is deleted and substitute the following: 1301.2 Permits. Permits shall be obtained from the Director of Code Enforcement in accordance with Table 107.2. (68) Chapter 14, Section 1403 is amended by adding the following subsections: 1403.1.1 Plans. Floor plans designating location of heating equipment, heating fuel source, exits, fire extinguishers and fire department access points shall be submitted to the code official for approval prior to temporary heat operations are implemented. 1403.1.2 Membranes and Sheathing. All material utilized for isolation of heating areas shall be fire retardant. (69) Chapter 14, Section 1404 is amended by adding the following sentence to the end of paragraph 1404.5: Refer to Appendix B for additional fire watch requirements. (70) Chapter 14, Section 1405 is amended by adding the following subsection: 1405.7 Refueling Tanks. All tanks utilized on construction sites shall be equipped with secondary containment and vehicle protection. (71) Chapter 14, Section 1410 is amended by adding the following subsection: 1410.3 Building Access. At least two covered access points shall be provided. Each access point shall be posted with the building address, equipped with an approved fire safety map and constructed of approved fire retardant materials. (72) Chapter 15, Section 1501 is amended by adding the following subsections: 1501.1 4. Floor surfacing or finishing operations. 1501.1 5. The application of dual-component coatings or Class I or II liquids when applied by brush or roller in quantities exceeding 1 gallon (4L). (73) Chapter 15, Section 1501 is amended by adding the following subsection: 1501.2 Permits. Permits shall be obtained from the Director of Code Enforcement in accordance with Table 107.2 for spraying, dipping, and exterior spraying operations included within the scope of this chapter and Appendix F “Requirements for Exterior Spray Painting Operations” utilizing any amount of flammable or combustible liquids on any working day. (74) Chapter 15, Section 1510 add the following subsection: 1510.1.1 Permits. Permits shall be obtained from the Director of Code Enforcement in accordance with Table 107.2 (75) Chapter 16, Section 1601.2 is deleted and substitute the following: 1601.2 Permits. Permits shall be obtained from the Director of Code Enforcement in accordance with Table 107.2. (76) Chapter 17, Section 1701.2 is deleted and substitute the following: 1701.2 Permits. Permits shall be obtained from the Director of Code Enforcement in accordance with Table 107.2. (77) Chapter 18, Section 1801.5 is deleted and substitute the following: 1801.5 Permits. Permits shall be obtained from the Director of Code Enforcement in accordance with Table 107.2. (78) Chapter 19, Section 1901.2 is deleted and substitute the following: 1901.2 Permits. Permits shall be obtained from the Director of Code Enforcement in accordance with Table 107.2. (79) Chapter 19, Section 1907 is amended by adding the following: 1907.1.1 Permits. Permits shall be obtained from the Director of Code Enforcement in accordance with Table 107.2. (80) Chapter 20, Section 2001.2 is deleted and substitute the following: 2001.2 Permits. Permits shall be obtained from the Director of Code Enforcement in accordance with Table 107.2. (81) Chapter 21, Section 2101.2 is deleted and substitute the following: 2101.2 Permits. Permits shall be obtained from the Director of Code Enforcement in accordance with Table 107.2. (82) Chapter 22, Section 2201.2 is deleted and substitute the following: 2201.2 Permits. Permits shall be obtained from the Director of Code Enforcement in accordance with Table 107.2. (83) Chapter 22, Section 2204.3.1 is amended to read as follows: 2204.3.1. General. Where approved, unattended self-service stations are allowed where the public does not have access. As a condition of approval, the owner or operator shall provide and be accountable for, daily site visits, regular equipment inspection and yearly maintenance. (84) Chapter 22, Section 2206.2.3 is amended as follows: 2206.2.3 Above-ground tanks located outside, above grade. Above-ground tanks shall not be used for the storage of Class I, II or IIIA liquid motor fuels except where the public does not have access, and as provided by this section. (1) Above-ground tanks used for outside, above-grade storage of liquid motor fuels shall be listed and labeled as protected above-ground tanks and be in accordance with Chapter 34. Such tanks shall be located in accordance with Table 2206.2.3. (2) Above-ground tanks used for above-grade storage of Class II or IIIA liquids shall be protected above-ground tanks that comply with Chapter 34. Tank locations shall be in accordance with Table 2206.2.3. Tanks containing motor fuels shall not exceed 6,000 gallons in individual capacity or 18,000 gallons in aggregate capacity. Installations shall be separated from other such installations by not less than 100 feet (30 480mm). (3) Tanks located at farms, construction projects or rural areas shall comply with Section 3406.2. (85) Chapter 23, Section 2301 is amended by adding the following: 2301.2 Permits. Permits shall be obtained from the Director of Code Enforcement in accordance with Table 107.2. (86) Chapter 24, Section 2401.2 is deleted. (87) Chapter 24, Section 2403.2 is amended by adding the following: 2403.2 Permits. Tents and membrane structures having an area in excess of 200 square feet (19 m²) and canopies in excess of 400 square feet (37 m²) shall not be erected, operated or maintained for any purpose without first obtaining a permit and approval from the Director of Code Enforcement in accordance with Table 107.2. (88) Chapter 24, Section 2403.4 is deleted. (89) Chapter 25, Section 2501 is deleted and add the following: 2501.2 Permits. Permits shall be obtained from the Director of Code Enforcement in accordance with Table 107.2. (90) Chapter 25, Section 2503.1.2 is deleted. (91) Chapter 25, Section 2509.2 and 2509.3 is added: 2509.2 Indoor Storage of Scrap Tires and Tire Byproducts. The storage of scrap tires and tire by products exceeding 2,500 cubic feet (71m³) shall require a permit. 2509.3 Permits. Permits shall be obtained from the Director of Code Enforcement in accordance with Table 107.2. (92) Chapter 26, Section 2601.2 is deleted and substitute the following: 2601.2 Permits. Permits shall be obtained from the Director of Code Enforcement in accordance with Table 107.2. (93) Chapter 26, Section 2604 is amended by adding the following: 2604.2.6.1 Exterior Operations. Areas where welding and cutting carts are moved or relocated out of an approved welding and cutting area, the welding and cutting carts shall be equipped with an approved 2A-20BC fire extinguisher. The fire extinguisher shall be securely mounted to the welding and cutting cart. (94) Chapter 27, Subsection 2701.1 is amended as follows: 2701.1 - Exceptions 1, 4, and 8, 9 are deleted. (95) Chapter 27, Section 2701.5 deleted and substitute the following: 2701.5 Permits. Permits shall be obtained from the Director of Code Enforcement in accordance with Table 107.2. (96) Chapter 28, Subsection 2801.2 is deleted and substitute the following: 2801.2 Permits. Permits shall be obtained from the Director of Code Enforcement in accordance with Table 107.2. (97) Chapter 29, Section 2901.3 is deleted and substitute the following: 2901.3 Permits. Permits shall be obtained from the Director of Code Enforcement in accordance with Table 107.2. (98) Chapter 30, Section 3001.2 is deleted and substitute the following: 3001.2 Permits. Permits shall be obtained from the Director of Code Enforcement in accordance with Table 107.2. (99) Chapter 31, Subsection 3101.2 is deleted and substitute the following: 3101.2 Permits. Permits shall be obtained from the Director of Code Enforcement in accordance with Table 107.2. (100) Chapter 32, Subsection 3201.2 is deleted and substitute the following: 3201.2 Permits. Permits shall be obtained from the Director of Code Enforcement in accordance with Table 107.2. (101) Chapter 33, Subsection 3301.1 is deleted and substitute the following: 3301.1 Scope. The equipment, processed and operations involving the manufacture, possession, storage, sale, use, maintenance and transportation of explosive materials shall comply with the requirements of this code, NFPA 495 and DOTn 49 CFP listed in Chapter 45 of this code. Exceptions: 1. The transportation and use of explosives by federal or state military agencies or federal, state or municipal agencies while engaged in normal or emergency performance of duties. 2. The manufacture and distribution of explosive material to, or storage of such materials by military agencies of the United States. 3. The use of explosive materials in medicines and medicinal agents in the forms prescribed by the U.S. Phamacopeia or the National Formulary. 4. Pyrotechnics such as flares, fuses and railway torpedoes. 5. Common fireworks in accordance with this Chapter 31.6. The possession, transportation and use of not more than 15 pounds of black powder or 15 pounds r (6.18 kg) 20 pounds of smokeless powder and 1,000 small arms primers for hand loading of small arms ammunition for personal use. 7. The storage, handling, transportation or use of explosives or blasting agents pursuant to provisions of Title 45.1 of the Code of Virginia. (102) Chapter 33, Section 3301.2 is deleted and substitute the following: 3301.2 Permits. Permits shall be obtained from the Director of Code Enforcement in accordance with Table 107.2 for all blasting operations, firework aerial displays, pyrotechnic events before an audience, the transportation , manufacture, possession, use, storage of explosives and fireworks and the operation of a terminal for handling explosive material and the delivery to or receipt from a carrier at a terminal between sunset and sunrise. (103) Chapter 33, Section 3301.1.3 delete the following: Delete exception 1, 2 and 4. (104) Chapter 33, Section 3302.1. The definition of Fireworks is deleted and replaced with the following: 3302.1. Fireworks. “Fireworks” shall mean and include any combustible or explosive composition, or any substance or combination of substances or articles prepared for the purpose of producing a visible or an audible effect by combustion, explosion, chemical reaction, deflagration or detonation and shall include blank cartridges, toy pistols, toy cannons, toy canes or toy guns in which explosives are used, the type of balloons which require fire underneath to propel them, firecrackers, torpedoes, skyrockets, model rockets, Roman candles, Daygo bombs, sparklers, pinwheels, poppers, or other devices containing any explosive or flammable compound, or any tablets or other devices containing any explosive; except that the term “fireworks” shall not include auto flares, paper caps containing not in excess of an average of twenty-five hundredths of a grain of explosive content per cap manufactured in accordance with the DOT regulations for packing and shipping as provided therein, and toy pistols, toy cannons, toy canes, toy guns or other devices for use of the caps, the sale and use of which shall be permitted at all times. Pyrotechnics (special fireworks) shall comply with the applicable provisions of this Chapter. (105) Chapter 33, Section 3303.2 is amended by adding the following definition: 3303.2.1 Records. Daily records shall be kept of the amount of explosives received from a supplier and the amount delivered to the magazine. A daily record shall be kept of the amount of explosives removed from the magazine for daily use and the amount returned to the magazine. This record will be kept within the magazine so that, on inspection of the magazine, an inventory for all explosives can be made. The inventory shall be separated as to the different types of explosives stored and used. Forms for these records shall be approved by the Director of Code Enforcement. (106) Chapter 33, Section 3304.5 is amended by adding the following subsection: 3304.5.2.1 Type 2 magazines: Type 2 magazines may be used for temporary storage of explosives at the site of blasting operations where the amount constitutes not more than one day’s supply for use is current operations. All explosives not used in the day’s operation shall be returned to a Type 1 magazine at the end of the work day for overnight storage. In no case shall a Type 2 magazine be used for overnight storage unless approved by the Director of Code Enforcement. Type 2 magazines shall be allowed only in the I/Industrial Zone. (107) Chapter 33, Section 3306.4 is amended by adding the following: 3306.4.1 Small arms primers and ammunition. No more than 10,000 small arms primers and ammunition shall be stored in occupancies limited to Groups R-3 and R-5. (108) Chapter 33, Section 3308.1 is deleted and amended by substituting the following subsections: 3308.1 General. (a) This chapter shall apply to fireworks as hereinafter defined in 3302.1 (b) Nothing in this chapter shall be construed to prohibit: (i) any resident wholesaler, dealer or jobber to sell at wholesale any fireworks as are not herein prohibited; (ii) the sale of any kind of fireworks, provided they are to be shipped directly out of the state, in accordance with the Department of Transportation (DOT) regulations covering the transportation of explosives and other dangerous articles; (iii) the use of fireworks by railroads or other transportation agencies for signal purposes or illumination; or (iv) the sale or use of blank cartridges for a show or theater or for signal or ceremonial purposes in athletics or sports or fur use by military organizations or the police department. Fireworks permitted by this section shall be stored in accordance with this Chapter: 3308.1.1 Manufacture, sale, possession and discharge of fireworks. (a) The manufacture of fireworks is prohibited within the city. (b) It shall be unlawful for any person to store, offer for sale, expose for sale, sell at retail, use, possess, or explode any fireworks except as otherwise provided in subsections (c) through (f). (c) The Director of Code Enforcement shall adopt rules and regulations for the granting of permits for supervised public displays of fireworks. The permits shall be issued upon application to the Director of Code Enforcement after the filing of a bond by the applicant as provided in subsection 3308.1.2. Every such display shall be handled by an experienced and competent operator approved by the Director of Code Enforcement and shall be of such composition, character and so located, discharged or fired as will, in the opinion of the Director of Code Enforcement after proper inspection, not be dangerous or hazardous to any property or person. (d) Application for permits shall be made in writing at least 45 days in advance of the date of the display. After the permit had been granted, sale, possession, use and distribution of fireworks for display purposed shall be lawful for the purpose only. No permit granted hereunder shall be transferable. Applications for permit shall be in accordance with the requirements in Appendix C, “Requirements for Fireworks Displays”. (e) The sale, possession, use and distribution of fireworks for display purposes shall be conducted so as to be safe to persons and property. Evidence that the sale, possession, use and distribution of fireworks for display purposes has been conducted in accordance with the applicable provision of this chapter of the city code and the applicable standards contained in chapter 45 of the Virginia Statewide Fire Prevention Code shall be evidence that such sale, possession, use and distribution of fireworks fore display purposed provides safety to persons and property. (f) The Director of Code Enforcement shall adopt rules and regulation for the use of model rockets. The design, construction and use of model rockets shall be safe to persons and property. Evidence that the design, construction and use of model rockets is in accordance with the currently adopted edition of NFPA 1122, “Code for Model Rocketry”, published by the National Fire Protection Association, shall be evidence that any design, construction and use provides safety to persons and property. 3308.1.2 Permits. Permits shall be obtained from the Director of Code Enforcement in accordance with Table 107.2. 3308.1.3 Disposal of unfired fireworks. Any fireworks that remain unfired after the display is concluded shall be immediately disposed of in a manner safe for the particular type of fireworks remaining. Aerial fireworks shall be destroyed in an approved manner prior to removal form mortar tubes. 3308.1.4 Seizure of fireworks. The Director of Code Enforcement or designee shall seize, take, remove or cause to be removed at the expense of the owner, all fireworks offered for sale, stored or held in violation of this code. (109) Chapter 33, Section 3301.11 is amended to read: 3308.11 Retail display and sale. The retail display or sale of fireworks is prohibited. (110) Chapter 33, add Section 3309 Transportation as follows: 3309.1 Prohibited transportation. Explosive materials shall not be carried or transported on a public conveyance or vehicle carrying passengers for hire. 3309.2 Vehicle design. Vehicles transporting explosive materials shall be strong enough to carry the load and shall be in good and safe mechanical condition. The floors shall be tight and have no exposed spark producing surface on the inside of the body. Where explosive materials are transported on a vehicle with an open body, the explosive material shall be stored in a portable magazine or closed container securely fastened to the vehicle body. 3309.3 Vehicle prohibitions. The attachment of a trailer behind a truck, tractor of semi trailer combination for transporting explosive materials is prohibited. The transport of explosive materials in any pole trailer is prohibited. Exception: Such transport is permitted by DOTn 49 CFR listed in Chapter 45 of this code. 3309.4 Vehicle restrictions. Vehicles containing explosive materials shall not be taken into a garage or repair shop for repair or storage. 3309.5 Vehicle contents. Only those dangerous articles authorized to be loaded with explosive materials in accordance with the provisions of this chapter shall be carried in the body of a vehicle transporting explosive materials. 3309.6 Vehicle inspections. The person to whom a permit has been issued to transport explosive materials over the streets and highways of the city shall inspect each vehicle used for such purposes daily, to ensure that: 1. Fire extinguishers are filled and in working order. 2. All electrical wiring is completely protected and securely fashioned to prevent short circuiting. 3. The motor, chassis, oil pan and body undersides are reasonably clean and free of excess grease and oil. 4. Both the fuel tank and fuel line are secure and free from leaks. 5. The brakes, lights, windshield wipers, horn and steering mechanism are functioning properly. 6. The tires are property inflated, have proper tread depth and are free of defects. 7. The vehicle is otherwise in proper operating condition and acceptable for transporting explosive materials. 8. The operator shall maintain all inspection reports in vehicle at all times. 3309.6.1 Prior Inspection. Vehicles routinely transporting explosive materials within the city shall be inspected by the Code Official prior to entering the city limits. Inspection shall occur at six month intervals. The Code Official shall issue a fire prevention permit to all approved vehicles. 3309.7 Vehicle signs. Vehicles transporting any quantity of explosive materials shall display all placards, signs lettering or numbering in accordance with DOTn 49 CFR listed in Chapter 45. 3309.8 Separation of detonators and explosives. Detonators shall not be transported in the same vehicle with Class A or Class B explosive materials or blasting agents, except as permitted by DOTn 49 CFR listed in Chapter 44. 3309.9 Vehicle traveling clearances. Vehicles transporting explosive materials and traveling in the same direction shall not be driven within 300 feet (91,440 mm) of each other. 3309.10 Vehicle routing. The route followed by vehicles transporting explosive materials shall not pass through congested areas or heavy traffic, except as permitted by the Code Official. A transportation plan identifying the route of travel shall be submitted to the Code Official for review and approval. 3309.11 Restricted transportation. Explosive materials shall not be transported through any vehicular tunnel or subway or over any bridge, roadway or elevated highway through or over which such transport is prohibited. 3309.12 Portable fire extinguishers. Every vehicle transporting explosive materials shall be equipped with portable fire extinguishers capable of being readily accessed, filled and ready for immediate discharge. 3309.12.1 Small trucks. At least two portable fire extinguishers with a minimum 2-A:40-B:C rating shall be provided on trucks with a gross vehicle weight of 14,000 lbs. (6356 kg) or greater. 3309.13 Operating precautions. No person shall carry matches of any other flame producing device, or carry unauthorized firearms or cartridges while in or near a vehicle transporting or storing explosive materials. No person shall drive, load or unload such a vehicle in a careless or reckless manner. 3309.14. Spark protection. Spark producing metal or tools, oils, matches, firearms, electric storage batteries, flammable materials, acids, oxidizers or corrosives shall not be transported or stored in the body of any vehicle being used to store or transport explosive materials or blasting agents. 3309.15 Unattended vehicles. Vehicles being used to store or transport explosive materials shall not be left unattended at any time within the city. No unauthorized person shall ride or be permitted to ride on any such vehicle. 3309.15.1 Responsibilities. The authorized vehicle attendant shall remain awake and alert at all times. 3309.16 Vehicle parking and transfer. Vehicles being used to transport explosive materials shall not be parked, attended or unattended on any street or road withing the city or adjacent to or in proximity to any building or structure, including a bridge or tunnel. or other place where persons work, congregate or assemble, prior to reaching the vehicles’ destination. Explosive materials shall not be transferred from one vehicle to another except in an emergency and under the supervision of the Director of Code Enforcement. 3309.16.1 Emergency conditions. In the event a vehicle being used to transport explosive materials breaks down, is involved in an accident or catches on fire, the city police and fire department shall be notified immediately. Only in the event of a breakdown or accident shall explosive materials be transferred from the disabled vehicle to another and then only by proper and qualified personnel and under the supervision of the Director of Code Enforcement. 3308.17 Delivery. Delivery of explosive materials shall only be made to authorized persons and into approved magazines or approved temporary storage or handling areas. 3309.18 Explosive materials at terminals. The Code Official shall designate the location and specify the maximum quantity of explosive materials which are to be loaded, unloaded, reloaded or stored at any given time at each terminal where such operations are permitted. 3309.19 Carrier responsibility. A carrier shall immediately notify the Code Official when explosive materials or blasting agents are to be transported within the City. 3309.20 Notice to consignee. A carrier shall immediately notify the consignee of the arrival of explosive materials at the carrier’s terminal. 3309.21 Consignee responsibility. Upon notification that a shipment of explosive materials has arrived at a terminal, the consignee shall remove such materials to a storage area complying with the provisions of this chapter. Such removal shall be accomplished within 48 hours after receipt of notice, excluding Saturdays, Sundays and legal holidays. (111) Chapter 34, Section 3401.4 is deleted and substitute the following: 3401.4 Permits. Permits shall be obtained from the Director of Code Enforcement in accordance with Table 107.2. (112) Chapter 34, Section 3404 is amended by adding the following subsections: 3404.2.7.12 Spill prevention plan. The owner or operator of any storage facility comprised of one or more tanks above or below ground with a total capacity of 5,000 gallons or more shall prepare and maintain on site a plan for product spill prevention, control and countermeasures certified by a professional engineer registered in the Commonwealth of Virginia and approve by the Director of Code Enforcement. The certification of the professional engineer shall be that the plan is in substantial compliance with the spill prevention, control and countermeasures plan requirements of the Environmental Protection Agency contained in part 112 of title 40, Code of Federal Regulations. A plan that has been approved by the Environmental Protection Agency may be submitted to the Director of Code Enforcement in lieu of one certified by a professional engineer. 3404.2.7.13 Clean-up of spill and leaks. The owner, tenant or other person in control of premises where a spill of leak has occurred shall be responsible for taking immediate and effective countermeasures to contain the spill, clean up the flammable or combustible liquid and dispose of all waste in an approved manner. Upon notification by the city that is has determined that such person lacks the capability or intent to perform these countermeasures, the person notified shall have a reasonable opportunity to elect either to contract with another for the performance of these countermeasures or to join the city in a contract with another for such work. In either case, the person shall pay the entire cost of the work. If a person who has received a notice from the city under this section fails to inform the city of his election within the time specified in the notice, the city may proceed without delay to undertake the required countermeasures, and to charge the owner, tenant or other person in control of the premises the entire cost of such work. 3404.2.7.14 Monitoring wells. Two permanent monitoring wells shall be installed in opposing corners of the tank field on all new installation after the effective date of this regulation. These wells shall extend to a minimum depth of two feet below the bottom of the tanks in the tank field. These wells shall be a minimum of four inches schedule 40 PVC screen pipe or equivalent and shall be flush with covering surface and covered with standard metal cover and gravel packed to prevent clogging. The screened section shall have a minimum size of .025 inch. 3404.2.7.15. Tank closure. All underground storage tanks permanently removed from service shall have a site assessment in accordance with the regulation of the Virginia Statewide Water Control Board. A copy of this assessment must be submitted to the Fire Official and to the Virginia Water Control Board if it so requires. A minimum of three soil samplings should be obtained to complete this assessment. Previously used tanks which are removed from the ground shall not be reinstalled unless the original manufacturer certifies that they are suitable for service. The manufacturers written certification must be kept on file at the facility and be available for inspection by the Director of Code Enforcement. 3404.2.7.16 Product inventory. All buried tanks installed after this regulation is effective shall have provision for taking direct measurements of readings of content level by the stick method. Liquid levels of storage tanks shall be measured by the operator each day of operation and compared with pump meter readings taken on receipt of the product. These records shall be kept in a log book and be available for reasonable inspection by the Director of Code Enforcement and/or his representative. Loss of product above normal evaporation (one-half of one percent of pump meter sales readings) shall be reported immediately to the Director of Code Enforcement. Records shall be retained for two years. This period shall be extended upon request of the Director of Code Enforcement. 3404.2.7.17 Special equipment. High liquid level gauges or alarm systems as well as pump cut-off devices shall be installed by the owner or the authorized operator in all oil storage tanks wherever in the judgement of the Director of Code Enforcement there is a possibility that product may be lost by overflowing. Since these emergency devices can fail to operate, their use for spill prevention purposes shall be considered only as auxiliary and supplementary to the use of personnel engaged in a transfer of fill operation. (113) Chapter 34, Section 3406 is amended by adding the following subsection: 3406.6.5 Maintenance. Tank vehicles operating within the city while in transit into or out of the city shall be maintained in accordance with the federal regulations contained in parts 390 through 397 of title 49, Code of Federal Regulations. Part 397.3 of Title 49 requires that all motor vehicles carrying hazardous materials comply with state and local laws, ordinances and regulations, unless the regulations of the U.S. Department of Transportation apply and are more strict. Pursuant to the authority granted in section 18.2-278.4 of the Code of Virginia(1950), as amended, any duly sworn law enforcement officer of the city, including the Chief Fire Marshal, Chief Deputy Fire Marshal, and any Deputy Fire Marshals may halt any tank vehicle which is observed to have a condition or characteristic which indicates that there is a violation of city, state or federal regulations governing the transportation of hazardous materials. The vehicle may be detained long enough to determine whether the permits required for transporting hazardous materials have been obtained, whether the cargo is secure, and whether the observed condition or characteristic presents a immediate threat of a transportation related spill or other catastrophic event. The tank vehicle may resume operation if it is found to be in good repair and free of leaks in accordance with NFPA 385. If that finding is not made, the vehicle shall not be detained any longer than necessary for the officer or official to determine that arrangements for the repair of the vehicle where situated of for its removal to a safe place and repair there, whichever in the judgement of the officer or official if appropriate, are made. Upon refusal of the operator to make arrangements required by the officer or official, the vehicle shall be impounded and held until the repair is made or until the officer or official is certain that it will be made. (Ord. No. 4243, 3/16/02, Sec.1) (114) Chapter 35, Section 3501.2 is deleted and substitute the following: 3501.2 Permits. Permits shall be obtained from the Director of Code Enforcement in accordance with Table 107.2. (115) Chapter 36, Section 3601.2 is deleted and substitute the following: 3601.2 Permits. Permits shall be obtained from the Director of Code Enforcement in accordance with Table 107.2. (116) Chapter 36, Section 3606.2 is amended by adding the following section: 3606.1.2 Permits. Permits shall be obtained from the Director of Code Enforcement in accordance with Table 107.2. (117) Chapter 37, section 3701.2 is deleted and substitute the following: 3701.2 Permits. Permits shall be obtained from the Director of Code Enforcement in accordance with Table 107.2. (118) Chapter 38, section 3801.2 is amended as follows: 3801.2 Permits. Permits shall be obtained from the Director of Code Enforcement in accordance with Table 107.2. (119) Chapter 38, section 3803.2.2.1 is amended by adding the following subsection: 3803.2.2.1. Permits. Permits shall be obtained from the Director of Code Enforcement in accordance with Table 107.2 for the storage and operation of industrial vehicles and floor maintenance machines. (120) Chapter 39, section 3902.1 is deleted and substitute the following: 3901.2 Permits. Permits shall be obtained from the Director of Code Enforcement in accordance with Table 107.2. (121) Chapter 40, section 4001.2 is deleted and substitute the following: 4001.2 Permits. Permits shall be obtained from the Director of Code Enforcement in accordance with Table 107.2. (122) Chapter 41, section 4101.2 is deleted and substitute the following: 4101.2. Permits. Permits shall be obtained from the Director of Code Enforcement in accordance with Table 107.2. (123) Chapter 42, section 4201.2 is deleted and substitute the following: 4201.2. Permits. Permits shall be obtained from the Director of Code Enforcement in accordance with Table 107.2. (124) Chapter 43, section 4301.2 is deleted and substitute the following: 4301.2 Permits. Permits shall be obtained from the Director of Code Enforcement in accordance with Table 107.2. (125) Chapter 44, section 4401.2 is deleted and substitute the following: 4401.2 Permits. Permits shall be obtained from the Director of Code Enforcement in accordance with Table 107.2. Section 2. That this ordinance shall become effective upon the date and at the time of its final passage. 24. Public Hearing, Second Reading and Final Passage of an Ordinance to Establish the Cameron Station Community Center and St. James Church Voting Precincts, and Adjust the Boundaries of the Tucker School, Beatley Library and South Port Apartment Precincts. (#20, 6/13/06) (ROLL-CALL VOTE) (A copy of the City Manager's memorandum dated June 6, 2006, is on file in the Office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 24; 06/17/06, and is incorporated as part of this record by reference. A copy of the informal memorandum explaining the ordinance is on file in the Office of the City Clerk and Clerk of Council, marked Exhibit No. 2 of Item No. 24; 06/17/06, and is incorporated as part of this record by reference. A copy of the ordinance referred to in the above item, of which each Member of Council received a copy not less than 24 hours before said introduction, is on file in the Office of the City Clerk and Clerk of Council, marked as Exhibit No. 3 of Item No. 24; 06/17/06, and is incorporated as part of this record by reference.) WHEREUPON, upon motion by Vice Mayor Pepper, seconded by Councilman Macdonald and carried unanimously by roll-call vote, City Council closed the public hearing and passed an ordinance to establish the Cameron Station Community Center and St. James Church Voting Precincts, and adjust the boundaries of the Tucker School, Beatley Library and South Port Apartment Precincts. The voting was as follows: