Appeal 16766

PFC 6104.3

On our Fire Marshal's Fire Protection Systems check sheet it was listed that "Provide proper distance from building and property line on plan for a propane tank of 275 gallons" The code requires that the tank itself be more than 10 feet from a property line and 10 feet from a building when the tank is propane or a another explosive material.

When the Mechanical and Fire permit were applied for (3/22/18) for it was made fairly clear that the tank being installed is a Heating oil tank. A site map was provided showing distances to the property line and the building along with mechanical permits for the above ground tank as well. The pad form was constructed and placed on site after the approval of the Mechanical Permit with the city (2018-139424-000-00-MT) and at this point we had been waiting to hear back from the Fire Marshal.

I called in an inspection for the pad form with the City of Portland (Confirmation #251894) and it was passed by Eric Gessner 3/29/18 with corrections. After this we poured the concrete in the Pad form due to the passed inspection.

It was a week later that we finally had heard back from the Fire Marshal regarding the status of our permit. We received a check sheet showing 3 items were needed to complete the permit section (attached).

Item 2 is the basis of this appeal. We have the City already approving of our pad and its location but the pad according to code PFC 6104.3 will not be approved by the Fire Marshal.

I am appealing to have the pad's current location be approved by the Fire Marshal as it was approved by the City during the 670 Oil Tank Pad Inspection. Our client is unwilling to relocate the pad as it would impede on the back lot of his property and could be against the wishes of the Future owners of the property (already sold). We as a company install many of these Heating Oil tanks/pads at homes in Portland area that are typically within this same range to the property structure and property line.

We have tried to be patient and work with the City of Portland and the Fire Marshal to get this issue resolved; but due to the time it took to get back to us, work was completed due the clients request and now we are left in this predicament.

Hope we can get this appeal passed through so we can finish this simple job for our client.

The current location of the pad is standard for our Heating Oil Tanks and Pads. With cement jersey barriers to protect it from vehicles to the East; the tank will be protected. Heating Oil is a very stable material and if the concern of this tank being to close to the building is too much of a concern; perhaps we can come up with a wall solution or some sort.

I've attached many documents: Site Map of the AST Pad, Mechanical Plans for the Tank, Fire Marshal Check-sheet and copies of the permits pulled.