Ord 1830 - Amending Chapter 12 of the Code and Amending 1988 Edition of the Uniform Fire Code by Adding Article 88 Regulating Facilities Where Material Which are or Which May Become Toxic Gas Are FoundORDINANCE 1830
ORDINANCE OF THE TOWN OF LOS GATOS AMENDING CHAPTER 12
OF THE TOWN CODE AND AMENDING THE 1988 EDITION OF THE
UNIFORM FIRE CODE BY ADDING ARTICLE 88 REGULATING
FACILITIES WHERE MATERIALS WHICH ARE OR WHICH MAY BECOME
TOXIC GASES ARE FOUND
WHEREAS, Article 80 of the 1988 Uniform Fire Code contains provisions for the
regulation of hazardous materials, including regulation of compressed gases; and
WHEREAS, the aforesaid Article 80 does not regulate other types of gases; and
WHEREAS, the 1987 -88 Santa Clara County Grand Jury found that the use of
toxic gases industry posed a threat to the health and safety of local residents, and
recommended that the Intergovernmental Council ( "IGC ") develop an ordinance
acceptable to industry, citizen groups, and local government; and
WHEREAS, in response to the aforesaid recommendation, the IGC developed a
model ordinance which could be used as a part of and a complement to, the Uniform
Fire Code, and which is proposed to be adopted by the governing bodies of all cities
within Santa Clara County and by the County Board of Supervisors; and
WHEREAS, this Council desires to adopt the model ordinance to provide for the
prevention, control, and mitigation of dangerous conditions, to provide for building
standards and for emergency response to protect the public from acute exposure due to
accidental releases of toxic gases;
NOW, THEREFORE, THE TOWN COUNCIL OF THE TOWN OF LOS GATOS
DOES HEREBY ORDAIN:
SECTION I
Section 12.03.150 of Article 3 of Chapter 12 is hereby enacted and added to read
as follows:
Section 12.03.150 - Regulations concerning toxic gases.
Article 88 is hereby added to the Uniform Fire Code, 1988 Edition, 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.
(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.
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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 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 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 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. EVC value of a regulated material determined by multiplying vapor
pressure ( "VP ") by 10 and dividing by atmospheric pressure; as shown in the
following equation: mm Hg; atmospheric pressure is assumed to be 760 mm
at sea level.
EVC (ppm) = Vapor Pressure x 10
Atmospheric Pressure [760 mmHg]
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.
Atmospheric pressure is assumed to be 760 mm at sea level.
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.
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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 509 0.1 LCLo, 0.001 LD or 0.01 LDLo.
10. "Lethal Concentration" ( "LC means the median lethal
concentration level, at which 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.
12. "Lethal Dose Median" ( "LD means the dose at which 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:
MHI = EVC (ppm) (d? 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.
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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.
17. "Persons" 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, ground water, land surface, sidewalk, street or highway, subsurface
strata, or ambient air, except:
() 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 waste water 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.
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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 non - flammable 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:
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.
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A person responsible for a facility shall, as soon as he or she has knowledge
of an unauthorized discharge from or at such facility, immediately notify the Fire
Chief of such discharge.
(d) Permits.
1. 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.
2. 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,
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.
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(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 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
30 day period upon a finding of good cause.
(g) Seismic Protection. Persons responsible for a facility with one 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 fire
fighters 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 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.
(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.
(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 months.
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2. Records of drills conducted shall be maintained at the facility for three
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 3,000 square feet. Where the
materials or storage arrangement require a higher level of sprinkler system
protection in accordance with nationally 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.
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(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 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.
(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 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
materials, 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).
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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:
HAZARD CLASSIFICATIONS AND CONTROLS
HAZARD CLASSIFICATION HAZARD CONTROLS
Class I Includes Class I, Class II, Class III, Minimum
Threshold Quantity and Exempt Amount
Controls
Class II Includes Class II, Class III, Minimum
Threshold Quantity and Exempt Amount
Controls
Class III Includes Class III, Minimum Threshold
Quantity and Exempt Amount Controls
Minimum Threshold Includes Minimum Threshold Quantity and
Quantity Exempt Amount Controls
Exempt Amounts 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 subsection (c) , (d) , (e), and (f) of this section.
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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 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 5 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
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by 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 non - ferrous 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
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.
(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.
[Ell
5. Gas Detection. A continuous gas- detection system (in accordance with
the 1988 Ed. Uniform Fire Code, 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 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 signaling
device approved by the Fire Chief at not more than 150 -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
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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 above ground 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 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.
(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.
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(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.
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 200 feet per minute (fpm) with a
minimum of 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 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.
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(ii) When more than one 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
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:
Nonliquefied Liquefied
Container (Minutes) (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.
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 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
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 sides which
shall be at approximately 90- degree directions.
3. Openings in Buildings Subject to Exposure. When an exterior storage
area is located within 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 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 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 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 Sbsection (e) 3
of this section.
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(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 this 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 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 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.
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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
I � .Y �� 11 I 1 I \ ► I � � 1 i l.�
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. 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 II
The adoption of this ordinance will not have a significant effect on the
environment.
SECTION III
This ordinance takes effect 30 days after 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.
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This ordinance was introduced at a regular meeting of the Town Council of the
Town of Los Gatos on July 2, 1990 and adopted by the following vote as an ordinance
of the Town of Los Gatos at a meeting of the Town Council of the Town of Los Gatos
on July 16, 1990.
COUNCIL MEMBERS:
AYES: Joanne Benjamin, Eric D. Carlson
Robert L. Hamilton, Brent N. Ventura
Mayor Thomas J. Ferrito
NAYS: NONE
ABSENT: NONE
ABSTAIN: NONE
SIGNED:
MAYOR OF
LOS GATOS,
A - I "- �' '-1 11�
TOWN OF LOS GATOS
ATTE ST:
Y 9
CLERK OF TH TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
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