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Ord 1911 - AMENDING RESCINDING AND ADDING SECTIONS TO CHAPTER 9 OF THE TOWN OF LOS GATOS TOWN CODE RELATING TO FIRE PREVENTION AND PROTECTION REGULATIONS AND ADOPTING THE 1991 UNIFORM FIRE CODE WITH 1991 STATE OF CALIFORNIA AMENDMENTSORDINANCE 1911 ORDINANCE OF THE TOWN OF LOS GATOS AMENDING RESCINDING AND ADDING SECTIONS TO CHAPTER 9 OF THE TOWN OF LOS GATOS TOWN CODE RELATING TO FIRE PREVENTION AND PROTECTION REGULATIONS AND ADOPTING THE 1991 UNIFORM FIRE CODE WITH 1991 STATE OF CALIFORNIA AMENDMENTS WHEREAS, the Town of Los Gatos has determined and finds that the attached changes or modifications to the Uniform Fire Code, 1991 Edition, are reasonably necessary because of local climactic, geological, and topographical conditions. WHEREAS, Local climatic conditions can affect the acceleration, intensity, and size of fire in the community. The Town of Los Gatos experiences years with little rainfall and frequent periods of low humidity and high temperatures. This combination can create extremely hazardous fire conditions particularly in the hillside areas of the community. Prevailing winds in this area are from the Northwest with velocities generally in the 5 mph to 15 mph range and may gust up to 30 mph. These winds can have a great impact particularly during the summer months when such winds may carry burning brands and embers from grass or structure fires great distances, spreading the fire beyond the point of origin. WHEREAS, the Town of Los Gatos is situated on and adjacent to active earthquake faults. Namely the San Andreas fault, which is capable of producing substantial seismic events, as well as secondary faults known as the Berrocal and Shannon fault systems. Upon the occurrence of a major seismic event emergency resources would be substantially stressed and, therefore, would have to be prioritized to mitigate the greatest threats to public safety. The likely result of this situation would be that fire and other emergency resources will be unavailable for responses to individual single- family residences. Some of the variables that would impact and tend to intensify the overall situation would be: (1) The extent of damage to the water systems; (2) The extent of isolation of areas due to bridge and /or freeway overpass collapse; 1 (3) The extent of roadway damage and /or amount of debris blocking the roadways. WHEREAS, the Town of Los Gatos is located on the West side of the Santa Clara Valley and portions of the community exist both on the valley floor and in the hillside areas. The hillside, or urban /wildland interface areas, contain numerous residential developments constructed in canyons and on steep slopes. Due to the nature of the topography in this area roadways are narrow and steep and often are dead end with no secondary means of access or egress. The areas can pose difficulties for emergency vehicle access as well as problems associated with evacuations in the event of a wildland fire, major earthquake or other disaster. The Town Council of Town of Los Gatos does hereby ordain: SECTION I Section 9.30.010 is amended as follows: Sec. 9.30.010. Adoption. The Uniform Fire Code, 1991 edition, including Appendix Chapters IC, IIA through IID, IIIA through IIID, IIF, IVA, VA VIA, and VIB and the Uniform Fire Code Standards published by the Western Fire Chiefs' Association and the International Conference of Building Officials are hereby adopted by reference with the modifications and omissions as provided in this article. SECTION II Section 9.30.015 is hereby rescinded. SECTION III Section 9.30.020 is hereby amended as follows: C22 \0RDS \FIRE0RD.CLN 2 Sec. 9.30.020. Compliance with notice and order. Section 3.101 of the Uniform Fire Code adopted in this article is amended to delete the word "misdemeanor" and substitute the word "infraction ". SECTION IV Section 9.30.025 is hereby amended as follows: Sec. 9.30.025. Inspection required. Section 4.104 of the Uniform Fire Code adopted in this article is amended to read as follows: Sec. 4.104 (a) Before a permit may be issued, the Chief or the authorized representative of the Chief shall inspect and approve the receptacles, vehicles, buildings, devices, premises, storage spaces or areas to be used. In instances where laws or regulations are enforceable by a department other than the Fire Department, joint approval shall be obtained from all departments concerned. (b) Each portion of any equipment intended to be covered by earth or by enclosure within permanent portions of a building or structure shall be inspected prior to covering or enclosing of any such equipment. Such request for inspection shall be made not less than twenty -four (24) hours prior to the estimated time of inspection, and in no case later than 4:00 p.m. on the last working day prior to the requested date of inspection. Such installation shall not be covered until after it has been inspected and signed by an authorized person. SECTION V Section 9.30.030 is hereby amended as follows: Sec. 9.30.030. Permits required. Section 4.109 is added to the Uniform Fire Code adopted in this article as follows: (a) A permit shall be required to install, alter or change, unless otherwise herein noted, any fire hydrant system, fire extinguishing system or fire alarm system. C22 \0RDS \FIRE0RD.CLN 3 (b) It shall be unlawful to operate, maintain or use any institution until all State and local laws and regulations governing safety from fire and panic have been satisfactorily complied with and a permit from the Chief has been obtained for that occupancy. For the purposes of this section, an institution shall be but is not limited to: hospital, children's home, institution, home or institution for insane or mentally retarded persons, home or institution for the care of aged or senile persons, sanitarium, nursing or convalescent home, certified family care homes, out -of -home placement facilities, halfway house and day care nurseries or similar facility of any capacity. SECTION VI Section 9.30.035 is hereby amended as follows: Sec. 9.30.035. Authority to require exposure or to stop work. Section 4.110 is added to the Uniform Fire Code adopted in this article as follows: Whenever any installation is covered or concealed without first having been inspected, the Chief may require, by written notice, that such work shall be exposed for inspection. The work of exposing and re- covering shall not entail any expense to the public entity. Whenever any construction or installation work is being performed in violation of the plans and specifications as approved by the Chief, a written notice shall be issued to the responsible party to stop work on that portion of the work which is in violation. The notice shall state the nature of the violation and no work shall be done on that portion until the violation has been corrected. SECTION VII Section 9.30.036 is added as follows: Sec. 9.30.036. Final inspection. Section 4.111 is added to the Uniform Fire Code adopted in this article as follows: No final inspection as to all or any portion of a development shall be deemed completed until the installation of the required facilities and access ways has been C22 \0RDS \FIRE0RD.CLN 4 completed and approved. No final certificate of occupancy may be granted until the Fire District issues notice of final clearance to the Building Department. SECTION VIII Section 9.30.040 is hereby amended as follows: Sec. 9.30.040. Gates or other obstructions. Section 10.207 is added to the Uniform Fire Code adopted in this article as follows: Gates or other obstructions shall not be placed across access roadways unless of a design approved by the Chief. Application for the installation of gates or obstructions shall be made in writing and accompanied by plans and specifications detailing the proposed installation. Existing gates may be ordered to conform to the above as required by the Fire Chief. SECTION IX Section 9.30.050 is hereby amended as follows: Sec. 9.30.050. Adequate water supply. Section 10.404 is added to the Uniform Fire Code adopted in this article as follows: Compliance with Appendix IIIA shall be deemed adequate, except for the following: (1) Where water supplies available for fire protection do not meet the above requirements, buildings equipped throughout with an approved automatic sprinkler system need not mandatorily comply with the provisions of this section. (2) Buildings in excess of two (2) stories in height or that require a fire flow in excess of two thousand (2,000) gallons per minute shall be equipped throughout with an approved automatic sprinkler system. For the purpose of this subsection, dwellings with exterior walls protected in accordance with the provisions of the building code need not comply. For the purposes of C22 \0RDS \FIRE0RD.CLN 5 calculating fire flow, area and occupancy separation walls may not be used to reduce the building size. SECTION X Section 9.30.055 is hereby rescinded. SECTION XI Section 9.30.055 is hereby added to read as follows: Section 9.30.055. Valves below grade. Section 10.405 is added to the Uniform Fire Code adopted in this article to read as follows: Valves for water type fire protection systems when installed below grade shall be installed in an approved box or vault. SECTION XII Section 9.30.056 is hereby added to read as follows: Section 9.30.056. Tool caches. Section 10.501(d) is added to the Uniform Fire Code adopted in this article to read as follows: Rooms containing firefighting equipment may be required by the Chief in occupancies where personnel access, limitations and areas below grade or unusual conditions make firefighting unduly difficult. It is the intent of this section to place these rooms in buildings over sixty (60) feet high or more than five (5) stories in height. It is the intent to help mitigate the manpower requirement associated with tall building fires. All original equipment costs shall be paid by building owner. SECTION XIII Section 9.30.057 is hereby added to read as follows: Section 9.30.057. Mid -rise buildings. C22 \0RDS \FIRE0RD.CLN 6 Section 10.501(e) is added to the Uniform Fire Code adopted in this article to read as follows: Buildings between the height of sixty (60) to seventy -five (75) feet, measured around the building at lowest level of required Fire District vehicle access to the top floor finish surface, shall conform to the following conditions: 1. Smoke detector shall be provided in return air plenums and mechanical rooms, per section 1807d1 & 2 of the UBC (Uniform Building Code, 1988 edition). 2. Stair lock controls shall be provided in all stairways, per section 1807f6- 1807j 1 of the UBC. 3. Sprinkler systems shall be monitored through fire alarm system per section 1807f7 of the UBC. 4. Perimeter window shall be usable, per section 1807g of the UBC. 5. Elevator vestibules and recalls shall be provided, per section 1807h of the UBC. 6. Standby power shall be provided to elevator, fire pump (when required), smoke control, emergency lights, per section 1807i of the UBC. 7. Exit stairs shall be smokeproof enclosures with electric locks, per section 3310 of the UBC. SECTION XIV Section 9.30.058 is hereby added to read as follows: Section 9.30.058. Detailed requirements for high -rise buildings. Section 10.501(f) is added to the Uniform Fire Code adopted in this article to read as follows: 1. Central Control Station: (a) The location of the Central Control Station (CCS) will be approved by the Fire District: it will be accessible from the exterior of the building. C22 \0RDS \FIRE0RD.CLN 7 (b) A work surface adequate to accommodate building drawings and plans shall be provided. It may be collapsible or folding. (c) Minimum clear dimensions in the CCS, with equipment and fixtures installed and the work surface in the work position, shall be six feet by ten feet (6' x 10'). (d) A water storage tank low level indicator shall be provided in the CCS. It shall indicate, by means of an audible and visual signal, when the water level falls below 100% of the rated tank capacity and it shall send a tamper or trouble signal to the central station. (e) The building fire pre -plan and simplified instructions for use of all equipment, systems and controls in the CCS shall be provided in the CCS. (f) The public telephone in the CCS shall be equipped with the following features: Call waiting, call forwarding, conference calling and speed dialing. 2. Smoke Control (a) When approved fixed tempered glass is used for smoke control, these windows shall be identified with round, red - colored disks. These disks shall be two inches (2) to three inches (3) in diameter and a minimum of 3/16 inch thick. They shall be affixed to the lower right inside corner of each tempered glass panel. (b) Tempered glass panels shall be located in a straight vertical line (one above the other) when viewing a building elevation. (c) The building foundation shall be marked in a like manner at a point directly below each vertical row of tempered glass windows. 3. Elevators. When a freight elevator is provided, it shall be capable of operating in fire fighter's mode under emergency power. C22 \ORDS \FIREORD.CLN 8 SECTION XV Section 9.30.059 is hereby added to read as follows: Section 9.30.059. Training Section 10.501(g) is added to the Uniform Fire Code adopted in this article to read as follows: (1) Prior to occupancy of any newly constructed building, that building shall be made available to the fire department for training operations. The intent of this requirement is to allow an opportunity for fire fighters to train and familiarize themselves with the building. This training shall not delay occupancy of the building. (2) Prior to occupancy of any newly constructed building, the building owner may be required to provide instruction and operation manuals, and familiarization orientation to all fire department personnel regarding the building's fire protection system. This information and training is to be provided in such a manner as to cover all three fire fighter shifts. SECTION XVI Section 9.30.060 is hereby rescinded. SECTION XVII Section 9.30.060 is hereby added to read as follows: Section 9.30.060. Smokeproof enclosures Section 10.501(h) is added to the Uniform Fire Code adopted in this article to read as follows: Smokeproof enclosures shall extend to all sub- basements. Tool caches located in sub - basements shall be located within smokeproof enclosures. SECTION XVIII Section 9.30.061 is hereby added to read as follows: C22 \0RDS \FIRE0RD.CLN 9 Section 9.30.061. Stairwells Section 10.501(i) is added to the Uniform Fire Code adopted in this article to read as follows: In buildings more than 60 feet (60') in height or four (4) or more stories in height, the following shall apply: (1) At lest one stairwell shall go to the roof. All other stairwells shall have roof access by means of a ladder and hatch. (2) Stairwell doors shall have raised number affixed on the stairwell side at a height of five to six feet (5 -6') above the flow. Numbers shall be five to six inches (5 -6) in height. SECTION XIX Section 9.30.065 is hereby rescinded. SECTION XX Section 9.30.070 is hereby rescinded. SECTION XXI Section 9.30.075 is hereby rescinded. SECTION XXII Section 9.30.080 is hereby rescinded. SECTION XXIII Section 9.30.085 is hereby rescinded. SECTION XXIV Section 9.30.090 is hereby rescinded. C22 \0RDS \FIRE0RD.CLN 10 SECTION XXV Section 9.30.095 is hereby rescinded. SECTION XXVI Section 9.30.100 is hereby rescinded. SECTION XXVII Section 9.30.105 is amended as follows: Sec. 9.30.105. Shell buildings. Section 10.507(i) is added to the Uniform Fire Code adopted in this article to read as follows: 1. When a shell building is constructed and the finish ceiling is not installed, the shell sprinklers shall be installed with proper deflector distances to protect the shell and designed as ceiling sprinklers. 2. When a shell building is constructed and tenant improvements are to come later, a sign shall be placed near the riser and in the telephone and electrical rooms which states that no combustible cable may be installed above the ceiling unless it is encased in conduit or is installed according to other approved methods. 3. For shell buildings that are constructed without an identified use, the automatic fire sprinkler system shall meet NFPA standard 13 Ordinary Group III hazard design criteria as a minimum. SECTION XXVIII Section 9.30.106 is added to read as follows: Sec. 9.30.106. Standpipe required. Section 10.510(f) is added to the Uniform Fire Code adopted in this article to read as follows: C22 \0RDS \FIRE0RD.CLN 11 When, in the opinion of the Chief, an unusual condition or hazard exists, hose connections may be required and may be provided as outlined in Sections 3 -3.7 and 3 -3.8 of N.F.P.A. #13, 1989 Edition. SECTION XXIX Section 9.30.107 is added to read as follows: Sec. 9.30.107. Detailed standpipes requirements. Section 10.510(g) is added to the Uniform Fire Code adopted in this article to read as follows: (1) The standpipe shall supply 500 gpm to each roof connection hose valve at 155 p.s.i. (2) Required gpm for entire standpipe is calculated from UBC Standard 38.2. (3) Calculate to an available pressure at the fire department connection of 200 p.s.i. minimum. (4) Each 2-, inch fire department outlet shall supply 250 gpm. (5) Fire department connection (FDC) piping shall be four inches (4) or two (2) inlets, six inches (6) for four (4) inlets, and eight inches (8) for six (6) inlets. Each 2� inch FDC (receiver) shall supply 250 gpm to the system. (6) Piping, valves and fittings shall be rated for the maximum anticipated system pressure based on using an automatic nozzle and 155 pounds outlet pressure. (7) Pressure - regulating valves (not pressure- regulating disks) shall be installed as required. Standpipe hose valves shall be set at 155 p.s.i. (8) The fire department connection shall be located as specified by the Fire District. (9) Standpipe outlets shall be accessible and shall be located so that all portions of the building are within 30 feet of a nozzle attached to 100 feet of hose. SECTION XXX Section 9.30.108 is added to read as follows: C22 \0RDS \FIRE0RD.CLN 12 Section 9.30.108. Earthquake barriers for certain shelves. Section 11.305 is added to the Uniform Fire Code adopted in this article as follows: Earthquake barriers for certain shelves. Shelves used for the storage of containers of flammable or combustible liquids, corrosive or reactive materials shall be provided with approved earthquake barriers. SECTION XXXI Section 9.30.110 is amended as follows: Sec. 9.30.110. Fire alarm systems. Section 14.104(i) is added to the Uniform Fire Code adopted in this article as follows: Manual or automatic fire alarm systems shall be installed in every building three (3) or more stories in height. Fire alarm device annunciation and panel location shall be provided as required by the Chief. SECTION XXXII Section 9.30.111 is added to read as follows: Sec. 9.30.111. Water flow monitoring. Section 14.111 is added to the Uniform Fire Code adopted in this article to read as follows: When an approved automatic fire sprinkler system is installed in conjunction with a fire alarm system, the automatic sprinkler system shall be provided with a water flow device which shall cause activation of the fire alarm signaling device. SECTION XXXIII Section 9.30.112 is added to read as follows: Sec. 9.30.112. Fire alarm devices. Section 14.112 is added to the Uniform Fire Code adopted in this article to read as follows: C22 \0RDS \FIRE0RD.CLN 13 As part of any required fire alarm system, devices to alert the hearing impaired shall be installed as directed by the Fire Chief. SECTION XXXIV Section 9.30.113 is added to read as follows: Sec. 9.30.113. Explosive materials. Section 77.107(b) is added to the Uniform Fire Code adopted in this article to read as follows: Storage. The storage of explosive materials referred to in Section 77.107(a) of the Uniform Fire Code shall be prohibited in heavily populated areas. SECTION XXXV Section 9.30.114 is added to read as follows: Sec. 9.30.114. Fireworks. Section 78.103(a) of the Uniform Fire Code adopted in this article is amended as follows: The manufacture, sale or discharge or possession of fireworks in the Town is prohibited. SECTION XXXVI Section 9.30.115 is rescinded. SECTION XXXVII Section 9.30.115 is added to read as follows: Sec. 9.30.115. Pyrotechnic special effects material. Section 78.103(b) of the Uniform Fire Code adopted in this article is amended to read as follows The manufacture, compound or permanent storage of pyrotechnic special effects material in the Town is prohibited. A permit for use and handling in conjunction with C22 \0RDS \FIRE0RD.CLN 14 motion picture, television, theatrical and group entertainment productions shall be granted only to a licensed pyrotechnic operator. SECTION XXXVIII Section 9.30.116 is added to read as follows: Sec. 9.30.116. Removing flammable and combustible liquid tanks. Section 79.116(c)1.B.(v) is added to the Uniform Fire Code adopted in this article as follows: (v) Tanks shall be removed from the city by the end of the work day in which they are exposed unless they are covered with soil in an approved manner. The Chief may waive this requirement on a case by case basis when the tank is not near streets, public ways or neighboring occupancies and the site is well secured. SECTION XXXIX Section 9.30.117 is added to read as follows: Sec. 9.30.117. Stationary tank storage, above ground, outside of buildings. Section 79.501 is added to the Uniform Fire Code adopted in this article as follows: Storage of Class I, II and III liquids in above ground tanks outside of buildings is permitted only in areas zoned as industrial. Storage of Class I, II, and III -A liquids shall be within special enclosures, as defined in Section 79.902(c). SECTION XL Section 9.30.118 is added to read as follows: Sec. 9.30.118. Tank storage underground, outside or under buildings. Section 79.605(c), second paragraph, third sentence is amended to read as follows: Testing. Pneumatic testing shall not be used for tanks unless an inert gas is used to purge and test the tank. For piping, see Section 79.708. C22 \0RDS \FIRE0RD,CLN 15 SECTION XLI Section 9.30.119 is rescinded. SECTION XLII Section 9.30.120 is rescinded. SECTION XLIII Section 9.30.120 is added to read as follows: Sec. 9.30.120. Testing of piping, valves, and fittings. Section 79.708, last paragraph is added to the Uniform Fire Code adopted in this article to read as follows: Existing piping shall be tested as described above when the Chief has reasonable cause to believe that a leak exists. Piping that could contain flammable or combustible liquids or vapors shall not be tested pneumatically unless an inert gas is used to purge and test the piping. SECTION XLIV Section 9.30.121 is added to read as follows: Sec. 9.30.121. Motor vehicle fuel- dispensing stations. Section 79.902(c)5 is amended to read as follows: 5. Tanks containing Class I, II, or III -A liquids shall not exceed 2,000 gallons individual or 6,000 gallons aggregate. SECTION XLV Section 9.30.122 is added to read as follows: Sec. 9.30.122. Fuel dispensing nozzles. Section 79.903(e)2, first two paragraphs are amended to read as follows: 2. A listed automatic - closing -type hose nozzle valve with a latch -open device shall be provided on island -type dispensers used for dispensing Class I, II or III -A liquids. C22 \0RDS \FIRE0RD.CLN 16 Overhead -type dispensing units shall be provided with a listed automatic-closing- type hose nozzle valve with a latch -open device. The design of the system shall be such that the hose nozzle valve will close automatically in the event the valve is released from a fill opening or upon impact with a driveway. SECTION XLVI Section 9.30.123 is added to read as follows: Sec. 9.30.123. Underground tanks. Section 80.114 is added to the Uniform Fire Code adopted in this article to read as follows: The laws and regulations set forth in California Health and Safety Code Chapter 6.7 and 6.75, Division 20, Underground Storage of Hazardous Substances, and the associated regulations in the California Code of Regulations Title 23 Waters, Chapter 3 Water Resources Control Board, Subchapter 16 Underground Tank Regulations, as amended are adopted by reference as the minimum standards in effect in the City of Cupertino. The chief can require more stringent standards through either written policy statements or other sections of this Code. SECTION XLVII Section 9.30.124 is added to read as follows: Sec. 9.30.124. Storage of hazardous materials. Section 80.301(a)3 is added to the Uniform Fire Code adopted in this article to read as follows: Quantities not exceeding exempt amounts. A. General. Storage of hazardous materials, in container, cylinders, and tanks, not exceeding the exempt amounts specified in Sections 80.302 through 80.315 shall be in accordance with this section. SECTION XLVIII Section 9.30.125 is added to read as follows: C22 \0RDS \FIRE0RD.CLN 17 Sec. 9.30.125. Underground tanks secondary containment. Section 80.301(b)5, second sentence is amended and a new paragraph added to the Uniform Fire Code adopted in this article to read as follows: Secondary containment shall be required for new installations of underground tanks and piping. All new installations which will be used to hold a volatile substance shall be installed using a porous backfill material. One or more backfill wells must be installed to allow for confirmation should a leak be suspected. The wells need not be monitored unless the Chief has reason to believe that an unauthorized release may have occurred. SECTION XLIX Section 9.30.126 is added to read as follows: Sec. 9.30.126. Storage plan. Section 80.301 (k), first sentence is amended to read as follows: A Storage plan shall be provided for all storage facilities at which exempt amount specified in Sections 80.302 through 80.315 are exceeded. SECTION L Section 9.30.127 is added to read as follows: Sec. 9.30.127. Spill control. Section 80.301(1)1, is amended to read as follows: 1. General. Unless exempted or otherwise provided for in Sections 80.302 through 80.315, rooms, buildings or areas used for the storage of solid and liquid hazardous materials in excess of the exempt amounts specified in Sections 80.302 through 80.315 shall be provided with a means to control spillage and to contain or drain off spillage and fire protection water discharged in the storage area in accordance with this subsection and the Building Code. C22 \0RDS \FIRE0RD.CLN 18 SECTION LI Section 9.30.128 is added to read as follows: Sec. 9.30.128. Spill protection. Section 80.301(1)1, a new paragraph is added to the Uniform Fire Code adopted in this article to read as follows: Materials present below the exempt amounts shall be provided with an approved method of spill protection designed to address a release from the largest single container. Such spill protection shall take into consideration the amount and hazard of the materials and the nature of the facility. SECTION LII Section 9.30.129 is added to read as follows: Sec. 9.30.129. Ventilation. Section 80.301(m), first paragraph is amended and added to the Uniform Fire Code adopted in this article to read as follows: Ventilation. For quantities of hazardous materials in excess of the exempt amounts specified in Sections 80.302 through 80.315, unless exempted or otherwise provided for in Sections 80.302 through 80.315 indoor storage areas and storage buildings shall be provided with mechanical exhaust ventilation. SECTION LIII Section 9.30.130 is hereby rescinded. SECTION LIV Section 9.30.130 is added to read as follows: Sec. 9.30.130. Separation of Incompatible Hazardous Materials. Section 80.301(n), the exception is deleted: Storage of incompatible hazardous materials shall be separated. C22 \0RDS \FIRE0RD.CLN 19 SECTION LV Section 9.30.131 is added to read as follows: Sec. 9.30.131. Fire - extinguishing systems. Section 80.301(p), first sentence is amended and added to the Uniform Fire Code adopted in this article to read as follows: For quantities of hazardous materials in excess of the exempt amounts specified in Sections 80.302 through 80.315, unless exempted or otherwise provided for in Sections 80.302 through 80.315, indoor storage areas and storage buildings shall be protected by an automatic sprinkler system. SECTION LVI Section 9.30.132 is added to read as follows: Sec. 9.30.132. Explosion control. Section 80.301(q) is amended and added to the Uniform Fire Code adopted in this article to read as follows: Explosion Control. For quantities of hazardous materials in excess of the exempt amounts specified in Sections 80.302 through 80.315, unless exempted or otherwise provided for in Sections 80.302 through 80.315, indoor storage areas and storage buildings shall be provided with explosion control in accordance with the Building Code. SECTION LVII Section 9.30.133 is added to read as follows: Sec. 9.30.133. Limit controls. Section 80.301 (t) 1, is amended and added to the Uniform Fire Code adopted in this article to read as follows: Limit Controls. 1. General. Limit controls shall be provided in accordance with this subsection. C22 \0RDS \FIRE0RD.CLN 20 SECTION LVIII Section 9.30.134 is added to read as follows: Sec. 9.30.134. Emergency Alarm. Section 80.301 (u), the first sentence is amended and added to the Uniform Fire Code adopted in this article to read as follows: Emergency Alarm. An approved emergency alarm system shall be provided in buildings, rooms or areas used for the storage of hazardous materials in excess of the exempt amounts specified by Sections 80.302 through 80.315. SECTION LIX Section 9.30.135 is rescinded. SECTION LX Section 9.30.135 is added to read as follows: Sec. 9.30.135. Clearance from combustibles. Section 80.301 (x) is amended and added to the Uniform Fire Code adopted in this article to read as follows: Clearance from Combustibles. For quantities of hazardous materials in excess of the exempt amounts specified in Sections 80.302 through 80.315, the area surrounding an exterior storage area or tank shall be kept clear of combustible materials and vegetation for a minimum distance of 30 feet. SECTION LXI Section 9.30.136 is added to read as follows: Sec. 9.30.136. Noncombustible floor. Section 80.301 (y) is amended and added to the Uniform Fire Code adopted in this article to read as follows: Floors of storage areas shall be of noncombustible construction. C22 \0RDS \FIRE0RD.CLN 21 SECTION LXII Section 9.30.137 is added to read as follows: Sec. 9.30.137. Professional Engineer. Section 80.301 (z) is amended and added to the Uniform Fire Code adopted in this article to read as follows: The chief is authorized to require design submittals to bear the signature of an approved, qualified, professional engineer. SECTION LXIII Section 9.30.138 is added to read as follows: Sec. 9.30.138. Weather protection. Section 80.301 (aa) is amended and added to the Uniform Fire Code adopted in this article to read as follows: At the Chief's discretion, weather protection may be required for exterior storage of hazardous materials. SECTION LXIV Section 9.30.139 is added to read as follows: Sec. 9.30.139. Exempt amounts for Toxic Gases. Section 9.30.139 is added to the Uniform Fire Code adopted in this article to read as follows: Section 80.303 -A, exempt amounts for toxic gases amended as follows: Unprotected by sprinklers, gas cabinets or separate rooms 0 cubic feet at NTP Within gas cabinets in unsprinklered building In sprinklered building, not in gas cabinets or separate rooms In sprinklered building, within cabinets 20 cubic feet at NTP 0 cubic feet at NTP 40 cubic feet at NTP C22 \0RDS \FIRE0RD.CLN 22 SECTION LXV Section 9.30.140 is added to read as follows: Sec. 9.30.140. Exempt amounts for Hazardous Materials. Section 9.30.140 is added to the Uniform Fire Code adopted in this article to read as follows: Section 80.306-A, exempt amounts for Class 1 Oxidizers amended as follows: Unprotected by sprinklers or gas cabinets Within cabinets in unsprinklered building In sprinklered building, not in cabinets In sprinklered building, within cabinets SECTION LXVI Section 9.30.141 is rescinded. SECTION LXVII Section 9.30.141 is added to read as follows: 1000 pounds 2000 pounds 2000 pounds 4000 pounds Sec. 9.30.141. Pyrophoric materials. Section 80.308(a)9 is added to the Uniform Fire Code adopted in this article to read as follows: 9. Self- Detonating Pyrophoric Gases. Self- detonating pyrophoric gases such as silane and its mixtures shall be stored according to the provisions of this section and the following: A. Flow Control. All cylinders shall be equipped with reduced flow orifices to limit flow to less than 30 liters per minute. Cylinders shall be provided with approved labels to indicate the installation of a restrictive flow orifice. B. Cylinder Valve. All cylinder valve bodies shall be constructed of stainless steel. C. Fire Protection. Automatic fire protection shall be provided with water only. C22 \0RDS \FIRE0RD.CLN 23 D. Ventilation. Cylinders located inside the gas cabinets shall be exhausted to a minimum of 300 CFM for a two - cylinder cabinet, and 450 CFM for a three - cylinder cabinet. SECTION LXVIII Section 9.30.142 is added to read as follows: Sec. 9.30.142. Pyrophoric materials /storage. Section 80.308 (b) 4 is amended and added to the Uniform Fire Code adopted in this article to read as follows: Quantities, arrangement and spacing for pyrophoric liquids and solids in tanks, portable tanks and containers shall be in accordance with Article 79 as required for Class I -B flammables. The storage of self - detonating pyrophoric gases in excess of the quantity specified in Table 80.309A shall be in accordance with 80.308 (a) 9. For the purpose of this section, all exterior storage shall be considered a single control area. SECTION LXIX Section 9.30.143 is added to read as follows: Sec. 9.30.143. Unstable (reactive) materials. Section 80.309(b)4 is amended and added to the Uniform Fire Code adopted in this article to read as follows: Storage conditions. Class 3 or 4 materials shall be limited to piles not greater than 100 cubic feet. Class 1 or 2 materials shall be limited to piles not greater than 1000 cubic feet. Aisle widths between piles shall not be less than one -half the height of the pile or 10 feet, whichever is greater. SECTION LXX Section 9.30.144 is hereby rescinded. C22 \0RDS \FIRE0RD.CLN 24 SECTION LXXI Section 9.30.145 is added to read as follows: Sec. 9.30.145. Dispensing, use, and handling of hazardous materials. Section 80.401 (a), first sentence is amended and added to the Uniform Fire Code adopted in this article to read as follows: Applicability. Dispensing, use and handling of hazardous materials shall be in accordance with this division. SECTION LXXII Section 9.30.146 is added to read as follows: Sec. 9.30.146. Noncombustible floors. Section 80.401(f), is amended to read as follows: Noncombustible floors. Floors of areas where liquid or solid hazardous materials are dispensed or used in systems shall be of noncombustible, liquid tight construction. SECTION LXXIII Section 9.30.147 is rescinded. SECTION LXXIV Section 9.30.147 is added to read as follows: Sec. 9.30.147. Fire- extinguishing systems for hazardous materials dispensing areas. Section 80.401(r), first sentence is amended and added to the Uniform Fire Code adopted in this article to read as follows: Indoor rooms or areas in which hazardous materials are dispensed or used in excess of the exempt amounts specified in Tables Nos. 80.402 -A and 80.402 -13 shall be protected by an automatic fire- extinguishing system. SECTION LXXV Section 9.30.148 is added to read as follows: C22 \0RDS \FIRE0RD.CLN 25 Sec. 9.30.148. Requirements for Hazadous Materials Dispensing or Use Areas. Section 80.402(a) is added to the Uniform Fire Code adopted in this article to read as follows: Dispensing or use shall either be located in a room or area complying with this section and constructed in accordance with the Building Code, or shall be located in an exterior dispensing, use or handling area located as required for exterior storage in Section 80.301 through 80.315. SECTION LXXVI Section 9.30.149 is added to read as follows: Sec. 90.30.149. Fume hoods. Section 80.402(b)2.D. is amended and added to the Uniform Fire Code adopted in this article to read as follows: Fire - extinguishing systems. In addition to Section 80.401(r), laboratory fume hoods and spray booths where flammable materials are dispensed or used in excess of the exempt amounts specified in Tables Nos. 80.402 -A and 80.402 -B shall be protected by an automatic fire- extinguishing system. SECTION LXXVII Section 9.30.150 is added to read as follows: Sec. 9.30.150. Spray booths. Section 80.402(b)3D is amended and added to the Uniform Fire Code adopted in this article to read as follows: Fire - extinguishing systems. In addition to Section 80.401(r), laboratory fume hoods and spray booths where flammable materials are used shall be protected by an automatic fire- extinguishing system when the exempt amounts specified in Tables 80.402 -A and 80- 402 -B are exceeded. C22 \0RDS \FIRE0RD.CLN 26 SECTION LXXVIII Section 9.30.151 is added to read as follows: Sec. 9.30.151. Special requirements for highly toxic and toxic compressed gases. Section 80.402(b)3G, a new first sentence is added to the Uniform Fire Code adopted in this article to read as follows: When the exempt amounts specified in Tables 80.402 -A and 80.402 -13 are exceeded the following requirements must be met. SECTION LXXIX Section 9.30.152 of the Town Code is added to read: Section 80.402(b)3H, is added to the Uniform Fire Code adopted in this article to read as follows: Special provisions for self - detonating pyrophoric gases. (i) Dispensing Fittings. All cylinders shall be equipped with dispensing fittings which are right -hand threaded. (ii) Purge Gases. Bulk gas supply (house gases) shall not be used for purging. Only dedicated inert gas purge cylinders located within the cabinet shall be used. (iii) Aluminum Cylinders. When aluminum cylinders are in use, they shall not be located adjacent to each other. When in cabinets, they shall be limited to two cylinder configuration cabinets. Additional fire risk and protection shall be considered for aluminum cylinder use. (iv) Automatic Purging. Purging operations shall be performed by automatic purge equipment to assure complete purging. EXCEPTION: An approved manual purging system may be approved if it demonstrates that it provides effectiveness to automatic purging. (v) Cylinder Controls. Cylinders being dispensed and used from shall meet the storage provisions of Section 80.308 (a) 9. C22 \0RDS \FIRE0RD.CLN 27 (vi) Dispensing Outside of Cabinets. When dispensing outside of cabinets, the cylinder locations and dispensing methodology shall be certified by a qualified person and acceptable to the Chief. SECTION LXXX Section 9.30.153 is added to read as follows: Sec. 9.30.153. Flammable hazard materials dispensing. Section 80.402 (c) 3, is amended and added to the Uniform Fire Code adopted in this article to read as follows: Fire- extinguishing system. Flammable hazardous materials dispensing or use areas located within 50 feet of either a storage area or building, and vehicle loading racks where flammable hazardous materials are dispensed, shall be protected by an approved fire - extinguishing system when the exempt amounts specified in Tables 80.402 -A and 80.402 - B are exceeded. SECTION LXXXI Section 9.30.154 is added to read as follows: Sec. 9.30.154. Hazardous materials dispensing /clearance from combustibles. Section 80.402 (c) 5, is amended and added to the Uniform Fire Code adopted in this article to read as follows: Clearance from combustibles. The area surrounding an exterior dispensing or use area shall be kept clear of combustible materials and vegetation for a minimum distance of 30 feet when the amounts of hazardous materials present are in excess of the exempt amounts as specified in Tables 80.402 -A and 80.402 -B. SECTION LXXXII Section 9.30.153 is added to read as follows: Sec. 9.30.153. Special requirements for highly toxic and toxic compressed gases. C22 \0RDS \FIRE0RD.CLN 28 Section 80.402 (c) 8, a new first sentence is added to the Uniform Fire Code adopted in this article to read as follows: Special requirements for highly toxic and toxic compressed gases. When the exempt amounts specified in Tables 80.402 -A and 80.402 -13 are exceeded the following requirements must be met. SECTION LXXXIII Section 9.30.156 is added to read as follows: Sec. 9.30.156. Special provisions for self - detonating pyrophoric gases. Section 80.402 (c) 9, is added to the Uniform Fire Code adopted in this article to read as follows: Exterior dispensing shall be in accordance with 80.402 (b) 3. G. SECTION LXXXVI Section 9.30.157 is added to read as follows: Sec. 9.30.157. Hazardous materials /handling. Section 80.403 (a), is amended and added to the Uniform Fire Code adopted in this article to read as follows: General. When the exempt amounts specified in Tables 80.402 -A and 80.402.13 are exceeded the handling of hazardous materials shall be in accordance with this section and Section 80.401. SECTION LXXXV Section 9.30.158 is added to read as follows: Sec. 9.30.158. Liquified petroleum gases. Section 82.104 (e), is added to the Uniform Fire Code adopted in this article to read as follows: Storage. The storage of liquid petroleum gases referred to in Section 82.104(b) of the Uniform Fire Code shall be prohibited in heavily populated areas. C22 \0RDS \FIRE0RD.CLN 29 SECTION LXXXVI Section 9.30.159 is added read as follows: Sec. 9.30.159. Suppression and Control of Hazardous Fire Areas. Section 16(c) is added to Appendix II -A to the Uniform Fire Code adopted in this article to read as follows: Firebreak Vegetation. When brush or vegetation growth is removed and cleared away to provide a firebreak as required by this seciton, suitable growth which will not form a means of rapidly transmitting fire shall be planted in such a manner so as to reduce the possibility of erosion. SECTION LXXXVII Section 9.30.165 is added to read as follows: Sec. 9.30.165. Roof Coverings. Section 25 is added to Appendix II -A of the Uniform Fire Code adopted in this article to read as follows: Roof coverings on all buildings hall be fire - retardant, and shall comply with the standards established for Uniform Building Code Class A or B prepared or built -up roofing. The Town Council shall by resolution establish hazardous fire areas. Reroofing of existing buildings shall comply with the above, except that any reroofing of less than ten (10) percent (10 %) of the total roof area of any building shall be exempt from this requirement. Additions to existing buildings exceeding ten (10) percent of the total roof area shall comply with this section. SECTION LXXXVIII Section 9.30.170 is added to read as follows: Sec. 9.30.170. Hazardous fire area designations. Section 26 is added to Appendix IIA of the Uniform Fire Code adopted in this article to read as follows: C22 \0RDS \FIRE0RD.CLN 30 Hazardous fire areas are those lands as defined in section 9.110 of this code. SECTION LXXXIX Section 9.30.175 is added to read as follows: Sec. 9.30.175. Aboveground storage. Appendix II -F is revised in its entirety and added to the Uniform Fire Code adopted in this article to read as follows: APPENDIX II -F ABOVEGROUND STORAGE TANKS FOR MOTOR VEHICLE FUELS DISPENSING STATIONS 1. SCOPE Storage and dispensing of liquid motor fuels into the fuel tanks of motor vehicles from aboveground tanks which are located outside of buildings, or as approved by the chief, shall be in accordance with this appendix. 2. GENERAL Aboveground tanks and related components for fuel dispensing of motor vehicle fuel shall be listed with a nationally recognized testing agency. EXCEPTION: When required by the chief, aboveground tanks for fuel dispensing and related components shall be listed as one system with a nationally recognized testing agency. 3. INSTALLATION OF TANKS Tanks or tank systems shall be installed in accordance with Article 79, Division V, and shall be installed in special enclosures constructed in accordance with Section 79.902(c) or in listed and approved tank enclosures or materials providing fire protection of not less than two (2) hours. The following additional criteria shall apply: (a) Allowable locations for the storage of Class I, II and III -A (flammable and combustible) liquid in aboveground tanks outside of buildings shall be in accordance with Section 79.501. C22 \0RDS \FIRE0RD.CLN 31 (b) Guard posts or other means shall be provided to protect the area where tanks are installed. The design shall be in accordance with Section 80.301(w). (c) Each tank and each special enclosure shall be surrounded by a clear space of not less than three (3) feet to allow for maintenance and inspection. (d) Warning signs and identification signs shall be installed to clearly identify hazards. The design shall be in accordance with Sections 79.109, 79.110, 79.903(d), and 79.807(e). A conspicuous sign prohibiting simultaneous tank filling and fuel dispensing shall be posted. (e) At each tank installation, tanks containing Class I and II (flammable and combustible) liquid motor fuel shall not exceed 2,000 gallon individual or 6,000 gallon aggregate capacity. Each installation shall be separated from other installations by not less than 100 feet. (f) Tanks shall be provided with automatic fuel shut off devices capable of stopping delivery of fuel when the level in the tank reaches 90 percent of tank capacity. (g) The tank system or enclosure shall be designed to meet bullet resistance as defined by Section 9.104 of this Code. (h) Tanks installed in enclosures shall be at least (1) foot below the top of enclosure walls and have installed an approved fixed fire protection system. Enclosure walls shall be no less than six (6) feet high. 4. INSTALLATION OF DISPENSING SYSTEMS Dispensing systems shall be installed in accordance with Article 79, Divisions VII and IX except as follows: (a) Motor fuels shall be transferred from tanks by means of fixed pumps which are designed and equipped to allow control of the flow and to percent leakage or accidental discharge. (b) Tank openings shall be through the top only. Approved anti - siphon devices shall be installed at each connection of piping to a tank when such piping extends below the level of the top of such tank. C22 \0RDS \FIRE0RD.CLN 32 (c) Approved dispensing devices are allowed to be installed on top of special enclosures or tank systems. (d) Dispensing systems shall be located in accordance with Section 79.807 (c). (e) Spill Control and Drainage Control shall be provided for dispensing areas in accordance with Section 79.115. 5. PLANS Plans shall be submitted with each permit application: (a) One (1) set of plans shall be submitted to the appropriate Planning Department for approval before submitting plans for a Fire Department permit. (b) Plans shall include the method of storage and dispensing, quantities and types of liquids to be stored, distances from tanks and dispensers to property lines and buildings, vehicle access, fire protection appliances and fire protection systems, collision barriers, design and construction of tanks and tank supports, seismic design of tank supports, secondary containment venting system, primary tank venting system, vapor recovery provisions, emergency controls, leak detection monitoring, electrical connection system, and other information required by the chief. 6. MAINTENANCE Tanks, enclosures, and dispensing system components shall be maintained in approved condition. Damage to tanks, enclosures, or dispensing system components shall be repaired immediately using approved components, and materials having equal or greater strength and fire resistance. SECTION XC Section 9.30.180 is added to read as follows: Sec. 9.30.180. Fire flow requirements for buildings. Section 4(b) of Appendix III -A is amended and added to the Uniform Fire Code adopted in this article to read as follows: Area Separation. Area or occupancy separation walls constructed in accordance with the building code shall not be considered to create separate fire areas. C22 \0RDS \FIRE0RD.CLN 33 SECTION XCI Section 9.30.185 is added to read as follows: Sec. 9.30.185. Fire hydrant locations and distribution. Section 6 is added to Appendix III -B of the Uniform Fire Code adopted in this article to read as follows: Spacing. Commercial hydrant spacing shall be a maximum of 250 feet. SECTION XCII Section 9.30.190 is added to read as follows: Sec. 9.30.190. Regulations concerning toxic gases. Article 88 is hereby added to the Uniform Fire Code adopted in this article to read as follows: ARTICLE 88 Regulation of Facilities Where Materials Which Are or May Become Toxic Gases are Found Division I GENERAL PROVISIONS Section 88.101 Application. (a) This article applies to all new and existing facilities where regulated materials subject to this article are present in concentrations which exceed the level of concern as determined in accordance with this article. (b) It is intended that this article supplement, and be used in conjunction with, other sections of this chapter and with the Uniform Building Code, 1988 Edition. (c) In the event of conflicting or overlapping regulatory provisions within the Town of Los Gatos Municipal Code, the fire code and this article, the more stringent requirement shall prevail. C22 \0RDS \FIRE0RD.CLN 34 (d) In the event of conflicting or overlapping regulatory provisions with a Federal law or State law or regulation, unless the application of this article is expressly preempted by an act of Congress or enactment of the State Legislature, the more stringent requirement shall be deemed to apply. Section 88.102 Definitions. (a) General. Unless the context otherwise requires, the words and phrases in this article shall have the meanings set forth in this section and shall govern the construction of this article. For words and phrases not defined in this article, the definitions set forth in other articles of the fire code shall control. (b) Limited applications. For the purpose of this article, certain terms and words are defined as follows: 1. "Controls" are a means to regulate materials so as to prevent unauthorized discharges. 2. "Control area" means a space within a building where regulated materials may be stored, handled, dispensed or used. A control area is an area formed by one (1) or more of the following: (i) An occupancy separation with a minimum one -hour fire resistive rating, or (ii) The exterior wall, roof or foundation of the building. A maximum of four (4) control areas shall be permitted within a building except buildings or portions of buildings used for retail sales, which shall have a maximum of two (2) control areas. 3. "Equilibrium vapor concentration" (EVC) means the state of a regulated material at which vapor pressure has stabilized and is no longer rising or falling. The EVC value of a regulated material is determined by multiplying vapor pressure ( "VP ") by 10 and dividing by atmospheric pressure, as shown in the following equation. Atmospheric pressure is assumed to be 760 mm Hg at sea level. Vapor Pressure x 10 C22 \ORDS \FIREORD.CLN 35 Atmospheric Pressure Note: Vapor pressure for materials with a boiling point equal to or less than 25 °C shall be 760 mm Hg; materials with a boiling point greater than 25 °C shall use the actual vapor pressure for that material at 25 °C. 4. "Facility" means any building, structure, installation, equipment, pipe, container, site, area, appurtenant structure, or surrounding land area where regulated materials are stored, used, dispensed, handled, placed or otherwise have come to be located. 5. "Fire code" means the Uniform Fire Code (UFC), as adopted or modified by the Town of Los Gatos Municipal Code. 6. Fire Chief' means the Chief of the Central Fire District of Santa Clara County. 7. "Gas" means an aeriform fluid which is in a gaseous state at normal temperature and pressure. 8. "Inert construction materials" means materials which under reasonably foreseeable conditions will not degrade or react upon contact with the regulated materials to be contained. 9. "Level of concern" (LOC) means the maximum concentration of a substance in air that will not cause serious health effects in the majority of the population when exposed to the substance for a relatively short period of time. For purposes of this article, the LOC is equal to 0.1 of the IDLH value, as defined in article 80 of the fire code, if the particular substance has an established IDLH, or if not, an estimated LOC value based on acute toxicity value of 0.01 LC 0.1 LCLo, 0.001 LD or 0.01 LDLo. 10. "Lethal concentration" (LC 50) means the median lethal concentration level, at which fifty (50) percent of appropriate test animals die when exposed by inhalation for a scientifically appropriate specified time period. 11. "Lethal concentration low" (LCLo) means the lowest concentration of a chemical at which some test animals died following inhalation exposure. C22 \ORDS \FIREORD.CLN 36 12. "Lethal dose median" (LD means the dose at which fifty (50) percent of test animals die following exposure. The lethal dose is given in milligrams per kilogram of body weight of the test animals. 13. "Lethal dose low" (LDLo) means the lowest dose of a chemical at which some test animals died following exposure. 14. "Material hazard index" (MHI) means a numeric value used for ranking of chemical substances (materials) in order to determine the level of controls necessary for regulated materials. MHI is determined by dividing the EVC of a, material at 25 °C by the LOC for the material, as shown in the following equation: EVC (ppm) \@ 25 °C LOC (ppm) 15. "Maximum threshold quantity" (Max. T.Q.) means the maximum quantity of a Class II or Class III regulated material which may be stored in a single vessel before a stricter category of regulation is required by this article. Max. T.Q. is determined by the following equation: Max. T.Q.(lbs.) = 2.5 x 10 MHI 16. "Minimum threshold quantity" (Min. T.Q.) means the aggregate quantity in a control area which, due to the minimal aggregate quantities present, need only comply with specific control requirements established in subsection 88.401(e) of this article, and not with the requirements for Class I, II, or III regulated materials. Min. T.Q. for mixtures shall be based on the aggregate weight (in pounds) of the regulated components. For D.O.T. Poison A (those materials characterized by the United States Department of Transportation (D.O.T.) as Poison A): Min. T.Q. = 1 lb. or less. For other regulated materials: Min. T.Q. = 2 lbs. or less. Minimum threshold quantity controls are set forth in subsection 88.401(e) of this article. C22 \ORDS \FIREORD.CLN 37 17. 'Person" means an individual, trust, firm, joint stock company, corporation, partnership, association or other business entity, city, county, district, the State, any department or agency thereof, or the United States, to the extent authorized by law. 18. "Regulated materials" means all materials, regardless of form (i.e., liquid, solid or gas) which meet the criteria established by subsection 88.201(b), below. 19. "Responsible persons" or "persons responsible" means permittees under this article, owners, managers and persons responsible for the day -to -day operation of any facility subject to this article. 20. "Unauthorized discharge" means releasing, spilling, leaking, pumping, pouring, emitting, emptying, injecting, escaping, leaching, dumping or disposing a regulated material into the environment, including any sewer, storm drain, ditch, drainage canal, lake, river or tidal waterway, surface water, groundwater, land surface, sidewalk, street or highway, subsurface strata, or ambient air, except: (i) A "federally permitted release," as that term is defined in section 101 of the comprehensive Environmental Response, Compensation and Liability Act, 42 U.S.C. § 9602(10), or pursuant to a permit of the Bay Area Air Quality Management District, or waste discharge requirements of the San Francisco Bay Regional Water Quality Control Board or local wastewater pretreatment requirements for publicly owned treatment works; or (ii) The normal application of materials used in weed abatement, erosion control, soil amendment or similar application when used in accordance with manufacturers' instructions or nationally recognized standards. C22 \ORDS \FIREORD.CLN 38 Division II GENERAL PROVISIONS Section 88.201 (a) General. This article governs the storage, dispensing, use and handling of regulated materials. To the extent that the application of this article to the registration and use of pesticides is preempted by an express provision of an Act of Congress or a statute adopted by the State Legislature, this article does not apply. (b) Regulated materials. "Regulated materials," including but not limited to gases, are those materials which meet the following criteria: 1. The material has an established level of concern (LOC) as defined in this article; and 2. The material meets either of the following criteria: (i) It is shipped in compressed gas cylinders, and the material is or becomes or acts as a gas upon release at normal temperature and pressure (70 °F and 760 mm Hg); or (ii) The material is used or handled as a gas, whether or not the material meets the definition of a compressed gas as set forth in article 9 of the fire code. Materials which meet the foregoing criteria are subject to the provisions of this article. EXCEPTION: Flammable anesthetic and nonflammable medical gases used at hospitals or similar facilities and fixed installations of medical gases intended for sedation wherein the patient is not rendered unconscious, such as, but not limited to, analgesia systems used for dentistry, podiatry, veterinary and other similar uses are not regulated by this article but do remain subject to other articles in the Uniform Fire Code. (c) General obligation. No person shall cause, suffer or permit the storage, handling, use, or dispensing of materials regulated by this article: C22 \0RDS \FIRE0RD.CLN 39 1. In a manner which is contrary to a provision of this article or any other Federal, State or local statute, code, ordinance, rule, regulation or standard of performance relating to materials subject to this article; or 2. In a manner which causes an unauthorized discharge or which poses a significant risk of such unauthorized discharge. A person responsible for a facility shall, as soon as such person has knowledge of an unauthorized discharge from or at such facility, immediately notify the Fire Chief of such discharge. (d) Permits. 1. 2. General. No person shall store, dispense, use or handle any regulated material in excess of an exempt amount at a facility unless a compliance plan has been submitted to the Fire Chief and a permit for the facility has been issued pursuant to this article. The specific requirements for obtaining a permit shall be established by the Fire Chief in accordance with the provisions of article 4 of the fire code. The Fire Chief may charge a fee or fees in connection with the filing of a compliance plan and the issuance of a permit, in accordance with the municipal fee schedule. MHI calculations for each regulated material to be stored, dispensed, used or handled at the facility shall be submitted to the Fire Chief as part of the compliance plan. The Fire Chief may require the submission of any additional available acute toxicity data to support the MHI value proposed for each material. (e) Compliance. 1. Notwithstanding section 1.103 of the fire code, persons responsible for any facility lawfully in existence on July 16, 1990, which is not in compliance with the provisions of this article shall submit a compliance plan to the Fire Chief no later than July 16, 1991. For purposes of this section, the term "lawfully in existence" includes, but is not limited to, C22 \ORDS \FIREORD.CLN 40 those facilities for which a building permit has been issued and construction has begun. The compliance plan shall set forth the time and manner in which the facility is proposed to be brought into compliance. 2. Persons responsible for facilities lawfully in existence on July 16, 1990, shall cause their facilities to be in full compliance with this article not later than July 16, 1993. The Fire Chief may extend this time period at the request of a responsible person for a maximum of two (2) additional years if the Fire Chief makes a written determination that hardship, unique circumstances or other good cause exists for such extension. The Fire Chief may charge a fee for processing a request for extension, in accordance with the municipal fee schedule. 3. Persons responsible for a facility not lawfully in existence or operating on July 16, 1990, shall submit a compliance plan and obtain a permit prior to storing, dispensing, using or handling any regulated material. (f) Closure. 1. General. It shall be unlawful for any person to abandon, remove, or close a facility or other area regulated by this article until a closure plan has been submitted to and approved by the Fire Chief. The Fire Chief may charge a fee or fees for reviewing and processing a closure plan in accordance with the municipal fee schedule. 2. Closure plan. A closure plan shall be submitted by a responsible person to the Fire Chief at least thirty (30) days prior to facility closure. The closure plan shall demonstrate to the satisfaction of the Fire Chief that regulated materials which are or have been stored, dispensed, handled or used in the facility will be transported, disposed of or reused in a manner consistent with public health and safety. The Fire Chief may waive all or part of the thirty -day period upon a finding of good cause. C22 \ORDS \FIREORD.CLN 41 (g) Seismic protection. Persons responsible for a facility with one (1) or more stationary tanks and piping systems used for regulated materials shall cause such tanks and piping systems to be seismically braced in accordance with the provisions of the Uniform Building Code. (h) Security. Responsible persons shall cause facilities where materials subject to this article are stored, handled, dispensed or used to be secured against unauthorized entry. (i) Breathing apparatus. 1. In order to provide for immediate initial on -scene response in the event of an unauthorized discharge and to provide on -scene assistance to Firefighters and other emergency response personnel, persons responsible for any facility where Class I or corrosive regulated materials are present shall provide a minimum of two (2) self- contained breathing apparatus. When self - contained breathing apparatus would be inadequate protection due to the nature of the gases present, other appropriate protective equipment shall be provided. 2. The breathing apparatus or other protective equipment shall be suitable for use with the material present and shall be in a conspicuously marked place immediately near the area where the materials are present in a location that provides safety for those expected to don the apparatus. 3. A "location that provides safety" is one which is not likely to be immediately affected by the release of a regulated material. (j) Incompatible materials. Responsible persons shall cause incompatible classes of regulated materials to be separated, and shall cause regulated materials to be separated from other incompatible hazardous materials as listed in Table 51 -110 -A of the fire code. Separation shall be maintained by means of one -hour fire resistive construction, or by the use of separate gas cabinets. For purposes of this section, the term "incompatible" shall mean those materials listed in the above- mentioned Table 51- 110 -A. C22 \ORDS \FIREORD.CLN 42 (k) Leak testing. Responsible persons shall cause containers of regulated materials to be tested for leaks immediately upon delivery, and again immediately prior to departure of such containers from facilities. Testing shall be approved by the Fire Chief in accordance with appropriate nationally recognized industry standards and practices, if any. Appropriate remedial actions shall be immediately undertaken when leaks are detected. (1) Protective plugs /caps. Responsible persons shall cause the protective plugs and caps of regulated materials to be in place at all times unless and until the materials are properly placed into use. (m) Emergency response plans. 1. If the preparation of an emergency response plan for the facility is not required by any other law, responsible persons shall prepare, or cause to be prepared, and filed with the Fire Chief a written emergency response plan. 2. If the preparation of an emergency response plan is required by any other law, a responsible person shall file a copy of the plan with the Fire Chief. (n) Emergency response team. 1. If not required to do so by another law, a person responsible for a facility subject to this article shall designate, or cause to be designated, an on -site emergency response team which shall be composed of an adequate number of trained, responsible persons, and which shall serve as liaison to the Fire Department. 2. Emergency response team members shall ascertain all on -site locations where regulated materials are stored, handled and used, shall become familiar with the emergency response plan, and the chemical nature of such regulated material, shall act as facility liaison to the Fire Department and shall be prepared to respond in an emergency. C22 \ORDS \FIREORD.CLN 43 (o) Emergency drills. 1. Responsible persons shall cause emergency drills of each on -site emergency response team to be conducted not less frequently than once every three (3) months. 2. Records of drills conducted shall be maintained at the facility for three (3) years and shall be made available for inspection upon request by the Fire Chief. (p) Annual maintenance. 1. Responsible persons shall cause all safety control systems at a facility to be tested not less frequently than annually and maintained in good working condition. 2. Maintenance and testing shall be performed by persons qualified to perform the maintenance and tests. 3. Maintenance records and certifications shall be available to the Fire Chief upon inspection or request. (q) Flow limiting orifices and devices for D.O.T. Poison A. Containers for those materials classified as D.O.T. Poison A, regardless of the amount of D.O.T. Poison A, shall be equipped with a flow restricting orifice, when available from the supplier of the D.O.T. Poison A. If a flow restricting orifice is not available, the container shall be used with a flow limiting device. (r) Fire extinguishing systems. 1. Except as hereinafter provided, responsible persons shall cause all interior and exterior use areas and interior storage areas and storage buildings to be protected by automatic sprinkler systems. 2. The design of the sprinkler systems shall be not less than that required under Uniform Building Code Standard No. 38 -1 for ordinary Hazard Group 3 with a minimum design area of three thousand (3,000) square feet. Where the materials or storage arrangement require a higher level of sprinkler system protection in accordance with nationally C22 \ORDS \FIREORD.CLN 44 recognized standards, the higher level of sprinkler system protection shall be provided. 3. If the chemical properties of the regulated materials are such that the materials will be incompatible with the use of a sprinkler system, the Fire Chief may require alternative forms of fire protection. Division III CLASSIFICATION OF MATERIALS Section 88.301 (a) General. Regulated materials shall be classified according to their material hazard index (MHI) value. (b) Class I regulated materials. Of the materials regulated by this article, Class I materials pose the greatest potential hazard. A regulated material which has an MHI value equal to or greater than five hundred thousand (500,000), or which is classified as D.O.T. Poison A, shall be classified as a Class I regulated material. (c) Class II regulated materials. A regulated material which has an MHI equal to or greater than ten thousand (10,000) but less than five hundred thousand (500,000) shall be classified as a Class II regulated material. (d) Class III regulated materials. A regulated material which has an MHI equal to or greater than four thousand nine hundred (4,900) but less than ten thousand (10,000) shall be classified as a Class III regulated material. (e) Maximum threshold quantity (Max. T.Q.). Regulated materials which exceed their Max. T.Q. shall be classified one (1) level higher than otherwise determined by the MHI (i.e., Class III to Class II, or Class II to Class I). (f) Materials not exceeding minimum threshold quantity (Min. T.Q.). Regulated materials which do not exceed the Min. T.Q. shall satisfy only the specific requirements established in section 88.401, and shall not otherwise be required to meet the requirements applicable to materials classified as Class I, II or III regulated materials. C22 \0RDS \FIRE0RD.CLN 45 (g) Exempt amounts. 1. Except as provided in subsection (2) of this section, material which would otherwise be regulated is exempt from regulation under this article if: (i) The material has an MHI less than four thousand nine hundred (4,900); or (ii) The aggregate quantity of the material in a control area does not exceed the Min. T.Q., and the quantity of the material in a single vessel does not exceed the amounts specified as follows: D.O.T. Poison A, 1/4 lb. Other regulated materials, 1 lb. 2. Notwithstanding the exemption in subsection (1), above, no Class I material, regardless of the amount thereof, is exempt from the provisions relating to "flow limiting devices," set forth in subsection 88.201(q) nor from the provisions relating to "fire extinguishing systems," set forth in subsection 88.201(r). Division IV SPECIFIC PROVISIONS Section 88.401 (a) General. 1. The specific provisions required by this article shall be in addition to those requirements specified in other articles of the fire code. The requirements for the use or indoor storage of regulated materials shall be cumulative as the hazard class of regulated material increases, in accordance with the following table: C22 \0RDS \FIRE0RD.CLN 46 Hazard Classifications and Controls Hazard Classification Hazard Controls Class I Class II Class III Minimum threshold quantity Exempt amounts Includes Class I, Class II, Class III, minimum threshold quantity and exempt amount controls Includes Class II, Class III, minimum threshold quantity and exempt amount controls Includes Class III, minimum threshold quantity and exempt amount controls Includes minimum threshold quantity and exempt amount controls Other applicable statutes, codes, ordinances 2. Exterior storage of regulated materials is covered by subsection (f) of this section. 3. All control equipment for materials regulated by this article shall meet appropriate nationally recognized standards, if any, approved by the Fire Chief. (b) Class I controls. Persons responsible for any facility where Class I materials are present shall comply with all of the requirements of this subsection (b) and with subsections (c), (d), (e), and (f) of this section. 1. Piping. (i) Piping for Class I materials shall be designed and fabricated from materials compatible with the material to be contained. Piping shall be of strength and durability sufficient to withstand the pressure, structural, and seismic stress and exposure to C22 \0RDS \FIRE0RD.CLN 47 which it may be subjected, as required by the Uniform Building Code. (ii) Secondary containment shall be provided for piping for Class I materials. The secondary containment shall be capable of directing a sudden release into an approved discharge treatment system, and shall be monitored continually with a continuous gas monitoring system approved by the Fire Chief. Secondary containment includes, but is not limited to, double walled piping. 2. Automatic shut -off. An automatic shut -off valve which is of a "fail- safe to close" design shall be provided. Each of the following shall activate automatic shut -off: (i) Gas detection. (ii) Manually, from remote locations. (iii) Failure of emergency power. (iv) Seismic activity, upon a seismic event within five (S) seconds of horizontal semisoidal oscillation having a peak acceleration of .3g (= 2.94m /sec and a period of .4 seconds. (v) Failure of primary containment. (vi) Activation of manual fire alarm. 3. Emergency control station. Signals from emergency equipment shall be transmitted to an emergency control station which is continually staffed by trained personnel. (c) Class II controls. Responsible persons shall cause materials which are classified as Class II materials to be provided with the controls specified in this subsection (c) and in subsections (d), (e) and (f) of this section. 1. Connections. (i) Piping and tubing shall be installed in accordance with appropriate nationally recognized standards, if any, approved by C22 \ORDS \FIREORD.CLN 48 the Fire Chief, and shall have welded connections compatible with the regulated material throughout unless an exhausted enclosure is provided. (ii) Material which is not compatible with ferrous piping may be installed in nonferrous piping approved by the Fire Chief. (iii) Where connections other than welded connections meet appropriate nationally recognized industry standards, if any, a person responsible for a facility may seek an exception from the Fire Chief, by filing a request for exception with the Fire Chief, which shall document the standards and reason for the C22 \ORDS \FIREORD,CLN 49 exception. 2. Local gas shut -off. (i) Manual activation controls shall be provided at locations near the point of use and near the source, as approved by the Fire Chief. (ii) The Fire Chief may require additional controls at other places, including, but not limited to, the entry to the building, the area in the building where regulated materials are stored or used, and emergency control stations. (iii) Manually activated shut -off valves shall be of "fail -safe to close" design. 3. Emergency power. Emergency power shall be provided for: (i) Exhaust ventilation, including the power supply for treatment systems. (ii) Gas - detection systems. (iii) Emergency alarm systems. (iv) Temperature - control systems which comply with the fire code. 4. Excess flow control. C22 \ORDS \FIREORD,CLN 49 (i) Portable tanks and cylinders shall be provided with excess flow control. (ii) Valves shall be permanently marked to indicate the maximum design flow rate. 5. Gas detection. A continuous gas- detection system (in accordance with the Uniform Fire Code, 1988 Edition, section 80.303.a.9) shall be provided to detect the presence of gas at or below the permissible exposure limit. The detection system shall initiate a local alarm and transmit a signal to a continually staffed remote location to provide an immediate response to an alarm. The alarm shall be both visual and audible and shall be designed to provide warning both inside and outside of the storage, use or handling area. The audible alarm shall be distinct from all other on -site alarms. 6. Reduced flow valves. Reduced flow valves may be utilized to reduce the maximum flow rate from cylinders and tanks under full flow conditions. Valve flow rates may be considered in determining the size of treatment systems required for a worst case release. 7. Seismic shut -off valves. A seismically activated valve meeting standards approved by the Fire Chief shall be provided for automatic shut -off of regulated materials upon a seismic event within five (5) seconds of horizontal semisoidal oscillation having a peak acceleration of .3g ( _ 2.94m /sec and a period of .4 seconds. 8. Class II corrosives. Inert construction materials shall be used for the primary containment of Class II regulated materials which are corrosives. Alternatively, secondary containment shall be provided for Class II materials which are corrosives. 9. Emergency alarms. When materials regulated by this article are transported through exit corridors or exit enclosures, there shall be an emergency telephone system or a local manual alarm station or a C22 \ORDS \FIREORD.CLN 50 signaling device approved by the Fire Chief at not more than one hundred fifty -foot intervals and at each exit doorway throughout the transport route. The signal shall be relayed to an approved central, proprietary or remote station service or a constantly attended on -site location and shall also initiate a local audible alarm. (d) Class III controls. Persons responsible for a facility shall cause materials which are classified as Class III materials to be provided with the controls specified in this subsection (d) and in subsections (e) and (f) of this section. 1. Piping, valves, and fittings. (i) Piping, valves, fittings and related components shall be designed and fabricated from materials compatible with the material to be contained. They shall have strength and durability sufficient to withstand the pressure, structural and seismic, and any other stress and exposure to which they may be subjected. (ii) Expansion chambers shall be provided between valves whenever the regulated gas may be subjected to thermal expansion. Chambers shall be sized to provide protection for piping, valves and instrumentation and to accommodate the expansion of regulated materials. 2. Signage. (i) Stationary aboveground tanks shall be placarded with hazard identification signs as specified in fire code Standard No. 79- 3, for the specific material contained. (ii) Signs prohibiting smoking shall be posted in indoor storage, use and handling areas and within twenty -five (25) feet of outdoor storage, use and handling areas. (iii) Signs shall not be obscured or removed. (iv) Signs shall be in English and such other languages as may be appropriate, as determined by the Fire Chief. C22 \ORDS \FIREORD.CLN 51 (v) Signs shall be durable. (vi) The size, color and lettering shall be in conformance with nationally recognized standards determined by the Fire Chief to be applicable to the regulated material. 3. Inert gas purge system. Gas systems for regulated materials shall be provided with individually dedicated inert gas purge systems (e.g., nitrogen, helium, argon and neon). (e) Minimum threshold quantity controls. Responsible persons shall cause materials which do not exceed the minimum threshold quantity to be provided with the controls specified in this subsection (e) and in subsection (f) of this section. 1. Exhaust ventilation. (i) Storage of cylinders shall be within ventilated gas cabinets, exhausted enclosures or within a ventilated separate gas storage room as defined in the fire code. (ii) Storage of portable and stationary tanks shall be within a separate ventilated room without other occupancy or use. (iii) If gas cabinets are provided, the room or area in which they are located shall have independent exhaust ventilation. (iv) Exhaust systems for gas cabinets, exhausted enclosures and separate gas storage rooms shall be designed to handle the accidental release of gas. Such exhaust systems shall be capable of diluting, absorbing, neutralizing, burning or otherwise processing the entire contents of the single tank or cylinder of gas which presents the highest potential hazard. (v) Systems utilized for such processing shall be designed as a treatment system, as described in subsection (e)3 of this section. If a total containment system is utilized, the system shall be designed to handle the maximum anticipated pressure of release to the system when the system reaches equilibrium. C22 \ORDS \FIREORD.CLN 52 2. Gas cabinets. When gas cabinets are provided they shall be: (i) Operated at negative pressure in relation to the surrounding area. (ii) Provided with self - closing limited access ports or fire -rated windows to give access to equipment controls. The average velocity of ventilation at the face of access ports or windows shall be not less than two hundred (200) feet per minute (fpm) with a minimum of one hundred fifty (150) fpm at any other point of the access port or window. (iii) Connected to a treatment system. (iv) Provided with self- closing doors. (v) Constructed of steel with a thickness not less than twelve (12) gauge. 3. Treatment systems. (i) Treatment systems shall be utilized to process all exhaust ventilation to be discharged from gas cabinets, exhausted enclosures or separate storage rooms. Treatment systems shall be designed to reduce the maximum allowable discharge concentration of the gas to one -half IDLH at the point of discharge to the atmosphere as specified in subsections (e)5 and 6 below. (ii) When more than one (1) gas may be emitted to the treatment system, the treatment system shall be designed to handle the worst case release based on the release rate, the quantity and the IDLH for all the gases stored or used. 4. Treatment system sizing. Treatment systems shall be sized to process the worst case release of each gas based on the maximum flow rate of release from the cylinder or tank utilized which presents the highest C22 \ORDS \FIREORD,CLN 53 potential hazard. The entire contents of tanks and cylinders shall be considered. 5. Stationary tanks. (i) Stationary tanks shall be labeled with the maximum rate of release for the gas contained based on any valves or fittings that are inserted directly into the tank. (ii) If multiple valves or fittings are provided, the maximum flow rate of release for the valve or fitting with the highest flow rate shall be indicated. If liquefied gases are in contact with any valve or fitting, the liquid flow rate shall be utilized for purposes of computation of the maximum flow rate of release. All flow rates indicated on the label shall be converted to cubic feet per minute of gas at normal temperature and pressure. 6. Portable tanks and cylinders. (i) For portable tanks and cylinders, the maximum flow rate of release shall be calculated based on assuming the total release from the cylinder or tank within the time specified in the table below: Container Nonliquefied (Minutes) Liquefied (Minutes) Cylinders 5 30 Portable tanks 40 240 (ii) When portable tanks or cylinders are equipped with approved reduced flow valves, the worst case release will be determined by the maximum achievable flow from the valve as determined by the valve manufacturer or the gas supplier. Reduced flow and excess flow valves shall be permanently marked to indicate the maximum design flow rate. Such markings shall indicate the flow rate for air under standard conditions. C22 \ORDS \FIREORD.CLN 54 7. Gas detection for D.O.T. Poison A. A portable or fixed gas detection system capable of monitoring at PEL for each regulated material classified as a D.O.T. Poison A stored or used within the facility shall be provided. (f) Exterior storage. 1. General. Persons responsible for a facility where there is exterior storage of any regulated material shall comply with the provisions of this subsection (f) and the Uniform Building Code. 2. Distance limitation to exposures. Exterior storage of regulated materials shall not be within seventy -five (75) feet of a building, structure, property line, street, alley, public way or exit to a public way unless the storage is shielded by a structure which has a minimum fire resistive rating of two (2) hours and which interrupts the line of sight between the storage and the exposure. The shielding structure shall be at least five (5) feet from any exposure. The shielding structure shall have not more than two (2) sides which shall be at approximately ninety- degree directions. 3. Openings in buildings subject to exposure. When an exterior storage area is located within seventy -five (75) feet of a building, openings into the building other than piping shall not be above the height of the top of the shielding structure referred to in subsection (f)2 of this section or within fifty (50) feet horizontally from the storage area, whether or not protected by a shielding structure. 4. Air intakes. No exterior storage area for regulated materials shall be within seventy -five (75) feet of any air intake. 5. Canopies. Portable tanks and cylinders stored outside of buildings shall be stored under a canopy constructed of noncombustible materials. Such exterior storage shall not be considered indoor storage. An automatic fire - sprinkler system, or alternative systems as determined C22 \ORDS \FIREORD.CLN 55 by the Fire Chief for materials incompatible with water, shall be provided for canopies installed for the storage of regulated materials. 6. Stationary tank controls. Controls on stationary tanks shall be in accordance with the following: (i) Pressure - relief devices shall be vented to a treatment system designed in accordance with the provisions of subsection (e)3 of this section. (ii) Where filling or dispensing connections are provided, they shall be provided with a means of local exhaust. Such exhaust shall be designed to capture fumes and vapors. The exhaust shall be directed to a treatment system designed in accordance with the provisions of subsection (e)3 of this section. (iii) Stationary tanks shall be provided with a means of excess flow control on all tank inlet or outlet connections. Inlet connections that are designed to preclude backflow and pressure - relief devices are exempt from this requirement. 7. Gas cabinets for leaking cylinders. (i) At least one (1) gas cabinet or exhausted enclosure shall be provided for the handling of leaking cylinders. The cabinet or enclosure shall be within or adjacent to the exterior storage area and connected to a treatment system as specified in subsection (e)3 of this section. (ii) A gas cabinet or exhausted enclosure need not be provided for leaking cylinders if all cylinders are stored within gas cabinets or exhausted enclosures. 8. Local exhaust for leaking portable tanks. (i) A means of local exhaust shall be provided to capture regulated material leaking from portable tanks. The local exhaust may consist of portable ducts or collection systems designed to be C22 \ORDS \FIREORD.CLN 56 applied to the site of a leak in a valve or fitting on the tank. The local exhaust system shall be connected to a treatment system as specified in subsection (e)3 of this section. (ii) A local exhaust system shall be provided within or immediately adjacent to every exterior storage area; and within separate gas storage rooms used for portable or stationary tanks. (g) Tank cars and piping. 1. The provisions of this article shall not apply to tank cars which meet all requirements of the U.S. Department of Transportation, while such tank cars are used for the transportation and unloading of regulated material, as such terms are used in the Hazardous Materials Transportation Act, 49 U.S.C. § 1801 et seq. "Unloading" does not include the use of tank cars to store regulated materials. 2. The provisions of this article shall apply to piping and control systems, automatic shut -off valves, emergency control stations, gas detection systems, treatment systems and alarm systems used with piping which connect tank cars to facilities for the unloading and delivery of regulated material, and to tank cars used to store regulated materials. Division V MISCELLANEOUS Section 88.501 Provisions severable. The provisions of this article are severable. If any provision of this article or its application to any person or circumstance is held invalid, the invalidity shall not affect other provisions or applications of this article which can be given effect without the invalid provision or application. Section 88.502 Fee schedule. C22 \0RDS \FIRE0RD.CLN 57 For purposes of this article 88 the reference to the municipal fee schedule shall refer to the Town Resolution Establishing a Fee Schedule for Permits for the Storage of Hazardous Materials, Resolution No. 1984 -4, as may be amended. SECTION XCIII This Ordinance takes effect 30 days after the date it is adopted. Within 15 days after this ordinance is adopted, the Town Clerk shall cause it to be published once in a newspaper of general circulation published and circulated in the Town. This Ordinance was introduced at a regular meeting of the Town Council of the Town of Los Gatos on July 20, 1992, and adopted by the following vote as an Ordinance of the Town of Los Gatos at a regular meeting of the Town Council on August 17, 1992. COUNCIL MEMBERS: AYES: Joanne Benjamin, Steven Blanton, Brent Ventura, Mayor Eric D. Carlson NAYS: None ABSENT: Randy Attaway ABSTAIN: None SIGNED: ! t!Y MAYOR OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA ATTEST: CLERK OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA C22 \0RDS \FIRE0RD,CLN 58