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LPG tanks and Public Way

Mark Sigler

Registered User
Joined
Mar 6, 2017
Messages
15
Location
West Coast
Can a properly listed 2,000 gallon LPG tank be buried in a 10'-0" wide planting strip within a parking lot?

The parking lot is privately owned but allows for public parking while patronizing the businesses served.

2018 IBC, IFC, IFGC

Appreciate the input,

Sigs
 
Pc-
So the relief valve and vent must meet the tabular values setbacks to the Public Way but all the parts underground must be 10' from property line or a building. This footnote provision is aimed at smaller tanks that are permitted to be closer than 10' from the building or property line per the table to maintain adequate separation from the tank and not intended to allow any sized buried tank to be within 10' of the building or property line.

The hang up for me on this is the parking lot. Is the privately owned parking lot part of the public way? By definition it appears to be.

Sigs
 
Mark,

See IFC definition of "Public Way" Compare this to the Municipality's definition, may need to contact the City's Planning Department for guidance.
 
Pc-
So the relief valve and vent must meet the tabular values setbacks to the Public Way but all the parts underground must be 10' from property line or a building. This footnote provision is aimed at smaller tanks that are permitted to be closer than 10' from the building or property line per the table to maintain adequate separation from the tank and not intended to allow any sized buried tank to be within 10' of the building or property line.

The hang up for me on this is the parking lot. Is the privately owned parking lot part of the public way? By definition it appears to be.

Sigs

By definition seems yes

But in common sense land,, I would say no

Otherwise there maybe a lot of tanks in violation
 
A parking lot is rarely a public way....around here...

[A] PUBLIC WAY. A street, alley or other parcel of land
open to the outside air leading to a street, that has been
deeded, dedicated or otherwise permanently appropriated to
the public for public use
and which has a clear width and
height of not less than 10 feet (3048 mm).
 
Steveray/cda - I don't disagree and certainly understand the perspective. I also appreciate the thoughtful responses but let me play devils advocate here.

Where does exit discharge end?
If I had a development that was all privately held including the parking lots, sidewalks, and streets until the State highway is reached, which I have in my jurisdiction, per the highlighted section of the definition above the exit discharge would not end until the "deeded, dedicated or otherwise permanently appropriated to the public for public use" (public way) was reached. Does Walmart own the parking lot? Is it public way?

So in common sense land per cda's comment "Otherwise there maybe a lot of tanks in violation" I would say, yes there may be, but how many more violations of the code are there given the information above.

Sigs
 
Steveray/cda - I don't disagree and certainly understand the perspective. I also appreciate the thoughtful responses but let me play devils advocate here.

Where does exit discharge end?
If I had a development that was all privately held including the parking lots, sidewalks, and streets until the State highway is reached, which I have in my jurisdiction, per the highlighted section of the definition above the exit discharge would not end until the "deeded, dedicated or otherwise permanently appropriated to the public for public use" (public way) was reached. Does Walmart own the parking lot? Is it public way?

So in common sense land per cda's comment "Otherwise there maybe a lot of tanks in violation" I would say, yes there may be, but how many more violations of the code are there given the information above.

Sigs



An example, since the rules also apply to a house.

I want to bury a tank in the back yard.

All my bedroom windows face the backyard.

So my windows have to open to a public way or yard or court that gets to a public way,,

SO applying the table, I cannot have a tank in my back yard.
 
If it's not deeded, dedicated, or otherwise appropriated to the public, then it's not public land and cannot be a "public way". WalMart typically owns their parking lots, so they are not a public way. All of those interior stop signs they put up and all their little "roads" and traffic directional signage, etc.? Not enforceable. It's private property. WM themselves can enforce whatever signage they put up there, but no one else can; UNLESS it's dedicated to the city.

On your tank - per the IFC as long as you're greater than 10' away from the property line and any buildings you can put it anywhere under the parking lot you want to.
 
They can use the parking lot if they want:

1028.5 Access to a public way. The exit discharge shall provide
a direct and unobstructed access to a public way.
Exception: Where access to a public way cannot be provided,
a safe dispersal area shall be provided where all of
the following are met:
1. The area shall be of a size to accommodate not less
than 5 square feet (0.46 m2) for each person.
2. The area shall be located on the same lot not less
than 50 feet (15 240 mm) away from the building
requiring egress.
3. The area shall be permanently maintained and identified
as a safe dispersal area.
4. The area shall be provided with a safe and unobstructed
path of travel from the building.

In theory they can have people standing on the LP tank, just like kids do at houses.....
 
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