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Ord 2017 - Adopting a new Chapter 9 of the Town Code regarding fire prevention and protection and realigning other sections of the Town Code in Chapter 13 to provide for toxic gas regulationsORDINANCE 2017 ORDINANCE OF THE TOWN OF LOS GATOS ADOPTING A NEW CHAPTER 9 OF THE TOWN CODE REGARDING FIRE PREVENTION AND PROTECTION AND REALIGNING OTHER SECTIONS OF THE TOWN CODE IN CHAPTER 13 TO PROVIDE FOR TOXIC GAS REGULATIONS (INCLUDES PROVISIONS FROM THE UNIFORM FIRE CODE, 1994 EDITION, AND 1995 CALIFORNIA FIRE CODE) THE TOWN COUNCIL OF THE TOWN OF LOS GATOS DOES ORDAIN AS FOLLOWS: SECTION I A. Sections 9.30.040 through 9.30.055, 9.30.095, 9.30.100, 9.30.110, 9.30.125, 9.30.135 through 9.30.200, and 9.30.250 through 9.30.300 governing the storage, handling, and use of hazardous materials are adopted pursuant to Health & Safety Code § 13143.9 to provide reasonable assurance that such materials do not pose a serious danger to the community if their storage, handling, and usage meets the requirements of the Town Code. B. Section 9.30.115 governing sale, use, handling, possession, and storage of explosives is consistent with Health & Safety Code § 12081. C. In adopting this ordinance, the Town has considered the direction of the Legislature in Health & Safety Code § 18938 to adopt the Uniform Fire Code, and has only made such amendments as are consistent with the State statutes described above, and with Section 101.4 of the 1995 California Fire Code to carry out the intent of the Uniform Fire Code and the California Fire Code. D. Section 9.30.090 governing certain activities in food preparation are adopted pursuant to the Town's constitutional police power and are not matters of general fire prevention or building standards. June 11, 1996 1 E. The Town of Los Gatos is located against the Santa Cruz Mountains where Los Gatos Creek flows from the Lexington Reservoir. It is surrounded by large areas of open space maintained in natural condition. Strong winds come down the creek valley from the Pacific Ocean. The Town is also located at the intersection of a variety of fault lines, which are only now being preliminarily understood. The Town experienced a significant earthquake in 1989, which caused extensive damage throughout the Town. A fire anywhere in Town could quickly spread because of the natural vegetation. In addition, the Downtown is a nationally recognized area of historic buildings and homes that would be irretrievably lost to fire in such a disaster. It is only through strong building standards and effective fire prevention and containment programs that citizens will receive the protection they deserve, and that citizens will be able to obtain reasonably priced insurance for their homes and businesses. In seeking to attain these goals, the building standards in Chapter 6 and this Chapter 9 are adopted, in particular Sections 9.30.060 through 9.30.070, 9.30.310, and 9.30.315. F. Article III of Chapter 13 continues what was formerly Chapter 88 in the prior adoption of the Uniform Fire Code contained in former section 9.30.190, and is adopted pursuant to the authority of the Town to govern the storage, handling, and use of hazardous materials pursuant to Health & Safety Code § 13143.9 to provide reasonable assurance that such materials do not pose a serious danger to the community if their storage, handling, and usage meets the requirements of the Town Code. In case of conflict between the provisions of Article III of Chapter 13 and the provisions of Chapter 9, the more restrictive shall govern. SECTION H Chapter 9 of the Town Code is amended to read as follows: June 11, 1996 2 Chapter 9 FIRE PREVENTION AND PROTECTION ARTICLE L IN GENERAL Sec. 9.10.010. Inclusion in Central Fire District. Definitions. (a) The Town is included in the Santa Clara County Central Fire Protection District. The Town's inclusion is provided for in Ordinance No. 997 of the Town. (b) As used in this Code, the following definitions shall apply: (i) "Fire Department" means the Santa Clara County Central Fire Protection District. (ii) "Fire Chief" means the Chief of the Fire Department. ARTICLE H. ADMINISTRATION AND ENFORCEMENT Sec. 9.20.010. Delegation of Duties. Whenever a provision appears that requires or allows the Fire Chief to do some act or make certain inspections, it is to be construed to authorize the Fire Chief to designate, delegate, and authorize subordinates to perform the act or make the inspection unless the terms of the provision or section provide otherwise Sec. 9.20.015. Plan review. The Fire Department will review all plans submitted to the Town for the construction of all buildings except the interior of dwellings for the purpose of ascertaining and causing to be corrected any condition liable to cause fire, to endanger life from fire, or to create or perpetuate any violation of the provisions or intent of this Code or State law affecting fire safety. June 11, 1996 3 Sec. 9.20.020. Citations. Fire Department officers authorized by the Fire Chief and State law may issue citations for violations of this chapter pursuant to the Code. Sec. 9.20.025. Abatement of hazards by Fire Chief. (a) If any person fails to comply with the orders of the Fire Chief, or in the event the Fire Chief is unable to locate the responsible person within a reasonable time, the Fire Chief may take such steps to abate the fire hazard as are necessary for the protection of the public health and safety. In no event is notice necessary before abatement when the fire hazard constitutes a clear and present danger to the public welfare. (b) The cost of any such abatement is a debt to the Town of the owner of the premises or of any person who, by act or inaction, caused or permitted the fire hazard to exist. The cost of the abatement shall become a lien on the premises when the need for the abatement and the amount of the cost have been established in the manner provided in Article 8 of Chapter 6 of this Code. Sec. 9.20.030. Fees for checking, inspection services and permits. The Town Council may, by resolution, establish a schedule of fees to be charged and collected for checking and inspection services performed and for the issuance and enforcement of permits and requirements under this chapter. Sec. 9.20.035. Building Official to forward plans. The Building Official will provide the Fire Chief with one (1) copy of any plans and specifications required to be reviewed by the Fire Department. June 11, 1996 4 ARTICLE M. UNIFORM FIRE CODE Sec. 9.30.005. Adoption. The Uniform Fire Code volumes I and II, 1994 edition, including Appendix Chapters I -C, H -A, II -B, H -C, II -D, H -F, H -I, Ill -A, III -B, III -D, IV -A, IV -B, V -A, VI -A, and VI -B, as amended by the 1995 California Fire Code, Title 24, Part 9, are hereby adopted by reference with the modifications and omissions as provided in this article. Sec. 9.30.010. Fire prevention bureau and police. Section 103.2.1.2 of the Uniform Fire Code adopted in this article is amended to read as follows: "103.2.1.2 Fire prevention bureau personnel and police. The chief and members of the fire prevention bureau shall have the powers authorized by the State Penal and Health & Safety Codes for such personnel in performing their duties under this code. When requested to do so by the chief, the chief of police is authorized to assign such available police officers as necessary to assist the fire department in enforcing the provisions of this code." Sec. 9.30.015. Final Inspection. Section 103.3.2.3 is added to the Uniform Fire Code adopted in this article to read as follows: "103.3.2.3 Final Inspection. No final inspection as to all or any portion of a development shall be deemed completed until the installation of the facilities and access ways required pursuant to this article have been completed and approved. No final certificate of occupancy may be granted until the Fire District issues notice of final clearance to the Building Department." June 11, 1996 5 Sec. 9.30.020. Familiarization Training. A new Section 103.3.2.4 is added to the Uniform Fire Code adopted in this article to read as follows: "103.3.2.4 Familiarization Training. When required by the chief, newly constructed buildings shall be made available for familiarization training by fire personnel before occupancy occurs. When requested by the chief, the owner of the building shall provide orientation to personnel designated by the chief and such documentation of fire safety systems as may be reasonably requested." Sec. 9.30.025. Compliance with notice and order. Section 103.4.4 of the Uniform Fire Code adopted in this article is amended to read as follows: "103.4.4 Citations. Persons operating or maintaining an occupancy, premises or vehicle subject to this code who allow a hazard to exist or fail to take immediate action to abate a hazard on such occupancy, premises or vehicle when ordered or notified to do so by the chief shall be guilty of a violation of the Town Code as provided in Chapter 1." Sec. 9.30.030. Permits for Fire Protection Systems. Section 105.8.f.6 is added to the Uniform Fire Code adopted in this article to read as follows: 'T.6. Permits for Fire Protection Systems. Unless otherwise noted herein, a permit shall be required to install, alter or change, any fire hydrant system, fire extinguishing system or fire alarm system that was previously required by permit." June 11, 1996 6 See. 9.30.035. Permits for Institutions. Section 105.8.1.1 is added to the Uniform Fire Code adopted in this article to read as follows: "11. Permits for Institutions. 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, unless otherwise preempted by State or Federal law, 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." See. 9.30.040. Permit Amounts for Compressed Gases. Table 105 -A of the Uniform Fire Code adopted in this article is amended to read as follows: TABLE 105 -A -- PERMIT AMOUNTS FOR COMPRESSED GASES' TYPE OF GAS Corrosive Flammable (except cryogenic and liquefied petroleum gases) Highly Toxic Inert and simple asphyxiant Irritant Moderately Toxic Other Health Hazards AMOUNT (cubic feet) x 0.0283 for m 200 200 Any Amount 6,000 200 20 650 June 11, 1996 7 Oxidizing (including oxygen) 504 Pyrophoric Any Amount Radioactive Any Amount Sensitizer 200 Toxic Any Amount Unstable (reactive) Any Amount r additional requirements and exce 9.30.045. Hazardous materials business plan definition. A new definition is added to Section 209 -- H of the Uniform Fire Code adopted in this article to read as follows: "HAZARDOUS MATERIALS BUSINESS PLAN is a written plan containing General Information, Emergency Response Plan, Training Plan, Inventory Statement, and Site Plan. Each section shall be in such form and detail as required by the chief shall contain at a minimum the information required pursuant to section 25500 et seq. of the Health and Safety Code." 9.30.050. Moderately toxic gas definition. A new definition is added to Section 214 -- M of the Uniform Fire Code adopted in this article to read as follows: "MODERATELY TOXIC GAS is a gas that has a median lethal concentration (LC50) in air of more than 2,000 parts per million but not more than 7,500 parts per million by volume of gas or vapor when administered by continuous inhalation for one hour, or less if death occurs within one hour, to albino rats weighing between 200 and 300 grams each." June 11, 1996 8 9.30.055. Storage facility definition. A new definition is added to Section 220 -- S of the Uniform Fire Code adopted in this article to read as follows: "STORAGE FACILITY is any one or combination of tanks, sumps, wet floors, waste treatment facilities, pipes, vaults or other portable or fixed containers, used, or designed to be used, for the storage of hazardous materials." 9.30.060. Type of water supply. Section 903.3 of the Uniform Fire Code adopted in this article is amended to read as follows: "903.3 Type of water supply. Water supply is allowed to consist of reservoirs, pressure tanks, elevated tanks, water mains or other fixed systems capable of providing the required fire flow. In setting the requirements for fire flow, compliance with Appendix III -A of this code shall be deemed adequate, except for the following: 1. Buildings in excess of two (2) stories in height or 35 ft. in height, or that require a fire flow in excess of 2,000 gallons per minute shall be equipped throughout with an approved automatic fire sprinkler system. 2. Where water supplies available for fire protection do not meet the requirements of Appendix III -A, an automatic sprinkler system approved by the chief and installed throughout the building will be an acceptable alternate means of protection provided that a sprinkler system is not otherwise required by this code or chapter 6." June 11, 1996 9 9.30.065. Tool cache rooms. A new Section 1001.11 is added to the Uniform Fire Code adopted in this article to read as follows: "1001.11 Tool cache rooms. Rooms containing fire fighting equipment are required for all new buildings having floors used for human occupancy located more than 75 feet above the lowest level of fire department vehicle access. Such rooms shall be located as required by the chief. The costs associated with the construction of the room and all original equipment costs are to be paid by the building owner. EXCEPTION: This requirement shall not apply to R -3 Occupancies as defined in the Uniform Builduig Code adopted by the Town." 9.30.070. Valves below grade. A new Section 1003.1.4 is added to the Uniform Fire Code adopted in this article to read as follows: "1003.1.4 Valves below grade. Valves for water type fire protection systems, when installed below grade, shall be installed in an approved box or vault." 9.30.075. Required hose connections. A new Section 1004.6 is added to the Uniform Fire Code adopted in this article to read as follows: "1004.6 Required hose connections. When, in the opinion of the chief, an unusual condition or hazard exists, hose connections may be required and provided as outlined in Section 4 -5.21 of NFPA Standard #13, 1994 Edition." June 11, 1996 10 9.30.080. Required standpipe systems. Table 1004 -A of the Uniform Fire Code adopted in this article is amended to read as follows: "TABLE 1004 -A -- STANDPIPE REQUIRED SYSTEMS OCCUPANCY NONSPRINKLE RED BUILDING' SPRINKLERED BUILDING x 304.8 for mm Standpipe Class Hose Requirement Standpipe Hose Requirement x 0.0929 for m Class 1. Occupancies exceeding 150 ft. in height and more than one story III Yes I No 2. Occupancies 4 stories or more I [I and II ] but less than 150 ft. in height, (or III) Yes Yes I No Group R, Division 3' 3. Group A Occupancies with No occupant load exceeding 1,000' II Yes Requirement No 4. Group A, Division 2.1 Occupancies over 5,000 sq. ft. In II Yes II Yes area used for exhibition 5. Groups I; H; B; S; M; F, Division 1 Occupancies less than No 4 stories in height but greater II I Yes Requirement No than 20,000 square feet per floor 6. Stages more than 1,000 square II No III No feet in area ' Except as otherwise specified in Item 4 of this table, Class II standpipes need not be provided in basements having an automatic fire- extinguishing system throughout. 2 The standpipe system may be combined with the automatic sprinkler system. 3 Portions of otherwise sprinklered buildings which are not protected by automatic sprinklers shall have Class II standpipes installed as required for the unsprinklered portions. I In Open structures where Class II standpipes may be damaged by freezing, the building official may authorize the use of Class I standpipes which are located as required for Class II standpipes. s Hose is required for Class II standpipes only. ' Class II standpipes need not be provided in assembly areas used solely for worship. For the purposes for this table, occupied roofs of parking structures shall be considered an additional story. In parking structures, a tier is a story. June 11, 1996 11 NOTE: (1) The chief may require the installation of Class I or II standpipes when the size or configuration of the building would not allow for the advancement of fire hose lines from the exterior of the building. The locations of the Class I standpipes shall be approved by the chief and need not comply with Section 1004.3. The locations of Class H standpipes shall comply with Section 1004.4." Sec. 9.30.085. Monitoring of automatic fire - extinguishing systems. A new section 1007.3.3.3.5 is added to the Uniform Fire Code adopted in this article as follows: "1007.3.3.3.5 Monitoring of automatic fire - extinguishing systems. When a fire alarm system is installed in a building, the system shall monitor all automatic fire- extinguishing systems. Activation of any automatic fire - extinguishing system shall send an alarm signal to the fire alarm control panel and initiate the alarm extinguishing devices." Sec. 9.30.090. Limitations on flaming and heating foods and beverages. Section 2501.18.2 of the Uniform Fire Code adopted in this article is deleted and replaced by the following sections: "2501.18.2 Flaming foods and beverages. The preparation of flaming foods or beverages shall be in accordance with the following: 1. The fuels for table side cooking shall be limited to canned heating devices (such as Sterno, etc.) and compressed natural gas. The use of liquefied petroleum gases or flammable or combustible liquids as fuel is not permitted, June 11, 1996 12 2. Flaming foods or beverages shall be prepared only in the immediate vicinity of the table being served. They shall not be transported or carried while burning, 3. The person preparing the flaming foods or beverages shall have a wet cloth towel immediately available for use in smothering the flames in the event of an emergency, 4. The serving of flaming foods or beverages shall be done in a safe manner and shall not create high flames. The pouring, ladling or spooning of liquids is restricted to a maximum height of 8 inches (203.2 mm) above the receiving receptacle, and 5.Containers shall be secured to prevent spillage when not in use. 2501.18.2.1 Canned heating devices. The heating and cooking of food by canned heating devices shall be in accordance with the following: 1. Combustible products or materials shall not be used in the immediate area where canned heating devices are being utilized. Table coverings are permitted provided they comply with Section 1103.3.3.1. 2.Carts, tables, etc. used in conjunction with canned heating devices must be of adequate construction to prevent tipping or falling. 2501.18.2.2 Use, Storage and Handling of Compressed Natural Gas. The use, storage and handling of compressed natural gas involved in the preparation of flaming foods and beverages shall be in accordance with the following: 1. Compressed natural gas cylinders shall not exceed 84 cubic feet in size. June 11, 1996 13 2. Appliances for use with compressed natural gas must be approved for use with compressed natural gas by the American Gas Association or other nationally recognized technical organization. 3. The use of compressed natural gas may be disallowed based on, but not limited to; unsafe appliances, unsafe building conditions, inadequate exiting and type of cooking involved. 4. Changing of compressed natural gas cylinders shall be done outside of the building by trained personnel. 5. Compressed natural gas cylinders shall be securely stored outside of the kitchen area away from sources of ignition. 6. There shall not be more than one compressed natural gas cylinder for each tableside cart in use at any time. 7. At no time shall the combined quantity of compressed natural gas in use and in storage that is utilized for the preparation of flaming foods and beverages exceed 400 cubic feet in any building. 2501.18.2.3 Carts used for food preparation. Carts utilized for the preparation of flaming foods and beverages must be approved for such use and be equipped with a portable fire extinguisher having a minimum rating of 2A: 1013C. 2501.18.2.4 Portable Deep Fat Fryers. Portable deep fat fryers shall be approved for such use. The portable deep fat fryers shall be placed on a surface of substantial construction as to prevent the fryer from falling over and spilling the grease. A fire extinguisher with a minimum rating of 4OB:C shall be located in the area where the deep fat fryer is being used." 9.30.095. Nozzles for fuel dispensing stations. June 11, 1996 14 The first and second paragraphs of Section 5202.4.3.2 of the Uniform Fire Code adopted in this article are amended to read as follows: "5202.4.3.2 Nozzles. 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, H or I1I -A liquids. Overhead -type dispensing units shall be provided with a listed automatic - closing type hose nozzle valve with a latch -open device." Sec. 9.30.100. Limits on storage of compressed natural gas. A new Section 5204.5.2.1 is added to the Uniform Fire Code adopted in this article as follows: "5204.5.2.1 Limits on location of storage of compressed natural gas. The storage of compressed natural gas is only permitted in locations approved by the chief and as provided in the Zoning Code." Sec. 9.30.105. Refrigeration. Section 6301 of the Uniform Fire Code adopted in this article is amended to read as follows: "SECTION 6301 -- SCOPE Refrigeration unit and system installations having a refrigerant circuit containing more than 220 pounds (100 kg) of Group Al or 30 pounds (13.6 kg) of any other group refrigerant shall be in accordance with Article 63 and the Mechanical Code. See the Mechanical Code for refrigerant group descriptions. See also Sections 8001.1.2, 8001.14.7, and 8002." 9.30.110. Securing compressed gas containers, cylinders and tanks. June 11, 1996 15 Section 7401.6.4 of the Uniform Fire Code adopted in this article is amended to read as follows: "7401.6.4 Securing compressed gas containers, cylinders and tanks. Compressed gas containers, cylinders and tanks shall be secured to prevent falling due to contact, vibration or seismic activity. The securing of compressed gas containers shall be with non - combustible restraints and tanks shall be by one of the following methods: EXCEPTION: Compressed gas containers, cylinders and tanks in the process of examination, filling, transport or servicing. 1. Containers and tanks greater than 26" in height shall be secured to a fixed object by at least two (2) restraints. The restraints shall be equally spaced, so that the bottom restraint is located approximately one third of the distance from the bottom of the container, and the top restraint is located approximately one third of the distance from the top of the container. 2. Securing containers, cylinders and tanks on a cart or other mobile device designed for the movement of compressed gas containers, cylinders or tanks. 3. Nesting of compressed gas containers, cylinders and tanks at container filling or servicing facilities or in seller's warehouses not accessible to the public. Nesting shall be allowed provided the nested containers, cylinders or tanks, if dislodged, do not obstruct the required means of egress. 4. Securing of compressed gas containers, cylinders and tanks to or within a rack, framework, cabinet or similar assembly for such use." Sec. 9.30.115. Limitations on storage of explosive materials. Section 7701.7.2 of the Uniform Fire Code adopted in this article is amended to read as follows: June 11, 1996 16 "7701.7.2 Limitations on storage of explosive materials. The storage of explosive materials is only permitted pursuant to the Zoning Code and as approved by the chief." Sec. 9.30.120. Prohibition of Fireworks. Section 7802.1 of the Uniform Fire Code adopted in this article is amended to read as follows: "7802.1 Prohibition of fireworks. It is unlawful to manufacture, sell, discharge, or possess fireworks in the Town." Sec. 9.30.125. Flammable and Combustible Liquid General Standard. Section 790 1. is added to the Uniform Fire Code adopted in this article to read as follows: "7901.1.1 Flammable and Combustible Liquid General Standard. Storage, dispensing, mixing, handling, and use of flammable and combustible liquids shall be done in a manner so as not to increase the risk of an unauthorized release." Sec. 9.30.130. Deletion of requirement for plans for certain liquid storage. Section 7901.3.2 of the Uniform Fire Code adopted in this article is deleted in its entirely 9.30.135. Spill control, containment, and drainage. Section 7901.8.1 of the Uniform Fire Code adopted in this article is amended to read as follows: "7901.8.1 General. Buildings, rooms and areas shall be provided with a means to control spillage and to contain or drain spillage and fire - protection water as set forth in Section 7901.8. See also section 8001.14.5." 9.30.140. Flammable and combustible liquid piping. June 11, 1996 17 Section 7901.11.1.1 of the Uniform Fire Code adopted in this article is amended to read as follows: "7901.11.1 General. Piping, valves, fittings and related components intended for use with flammable and combustible liquids shall be designed and fabricated from suitable materials having adequate strength and durability to withstand the pressures, structural stresses and exposures to which they can be subjected. Such equipment shall be in accordance with nationally recognized engineering standards, be listed for the application or be approved by the chief. See Article 90, Standards a .2, a.2.3, a.2.4, a.2.5, a.2.6, u.1.10, u.1.11.' Nonmetallic piping, if used, shall be installed in accordance with the manufacturer's installation instructions. Containment shall be provided for liquid hazardous materials. Containment includes but is not limited to double walled piping." 9.30.145. Locations where above ground tanks are prohibited. Section 7902.2.2.1 of the Uniform Fire Code adopted in this article is amended to read as follows: "7902.2.2.1 Locations where above ground tanks are prohibited. The storage of Class I, H, and III -A liquids in aboveground tanks outside of buildings is permitted only pursuant to the Zoning Code. In addition to the provisions of this code and the other provisions of the Town Code regarding tank locations relative to buildings and property lines, specific site locations for aboveground tanks located outside of buildings shall be as specifically approved by the chief." 9.30.150. Hazardous materials -- Scope. Section 8001.1.1 of the Uniform Fire Code adopted in this article is amended to read as follows: "8001.1.1 General. Prevention, control and mitigation of dangerous conditions related to Storage, dispensing, use, and handling of hazardous materials, regardless of quantity, and information needed by emergency response personnel shall be in accordance with Article 80. Article 80 shall include those parts of Chapter 6.95 (commencing with Sec. 25500) and Chapter June 11, 1996 18 6.7 (commencing with Sec. 25280) and Chapter 6.75 (commencing with Sec. 25299) of Division 20 of the Health and Safety Code which impose additional requirements or are more restrictive. EXCEPTIONS: 1. Off -site hazardous materials transportation in accordance with DOT requirements. 2. The quantities of alcoholic beverages, medicines, foodstuffs and cosmetics, containing not more than 50 percent by volume of water- miscible liquids and with the remainder of the solutions not being flammable, in retail sales occupancies are unlimited when packaged in individual containers not exceeding 4 liters." 9.30.155. Hazardous materials safety. Section 8001.1.1.1 is added to the Uniform Fire Code adopted in this article to read as follows: "8001.1.1.1 General safety standard. The dispensing, mixing, handling, use or storing of hazardous materials shall be done in a manner so as not to increase the risk of an unauthorized release. In the absence of direct regulation by this code, other appropriate regulations, standards, laws, ordinances, or other nationally recognized and accepted methods of good practice may be applied to define acceptable practices. In the event of conflicting authorities, the most restrictive shall apply." 9.30.160. Hazardous materials definitions. Sec. 8001.2.2 of the Uniform Fire Code adopted in this article is amended to read as follows: "8001.2.2 Limited application. For the purposes of Article 80, certain terms are defined as follows: CONTAINER is any vessel of 60 United States gallons (227.1 L) or less capacity used for transporting or storing hazardous materials. June 11, 1996 19 CONTINUOUS GAS - DETECTION SYSTEM is a gas- detection system where the analytical instrument is maintained in continuous operation and sampling is performed without interruption. Analysis is allowed to be performed on a cyclical basis at intervals not to exceed 5 minutes. EXCEPTION: Alternate systems may be approved by the chief based upon equivalent protection. OUTDOOR AREA is a single, contiguous property exterior to buildings or without buildings thereon which is under the ownership or control of a single person. See also definition of Person in Section 217." 9.30.165. Hazardous materials management plan. Section 8001.3.2 of the Uniform Fire Code adopted in this article is amended to read as follows: "8001.3.2 Hazardous materials management plan. When required by the chief, each application for a permit shall include a hazardous materials management plan (HMMP). [Note: for purposes of this code, the term "hazardous material management plan" or "HMMP" shall also mean hazardous materials business plan or HMBP]. The location of the HMMP shall be posted adjacent to permits when an HMMP is provided. The HMMP shall include a facility site plan designating the following: 1. Storage and use areas, 2. Maximum amount of each material stored or used in each area, 3. Range of container sizes, 4. Locations of emergency isolation and mitigation valves an devices, June 11, 1996 20 5. Product conveying piping containing liquids or gases, other than utility -owned fuel gas lines and low- pressure fuel gas lines, and 6. On and off positions of valves for valves which are of the self- indicating type. The plans shall be legible and approximately to scale. Separate distribution systems are allowed to be shown on separate pages." 9.30.170. Toxic gas - reduced flow orifices. A new Section 8001.4.2.1 of the Uniform Fire Code adopted in this article is added to read as follows: "8001.4.2 Flow restriction orifice. Containers for highly toxic gases shall be equipped with a flow restricting orifice." 9.30.175. Hazardous materials piping, valves and fittings. Section 8001.4.3.2 of the Uniform Fire Code adopted in this article is amended to read as follows: "8001.4.3.2 Design and construction. Piping, tubing, valves , fittings and related components used for hazardous materials shall be in accordance with the following: 1. Piping, tubing, valves, fittings and related components shall be designed and fabricated from materials compatible with the materials to be contained and shall be of adequate strength and durability to withstand pressure, structural and seismic stress, and exposure to which they are subject, 2. Piping and tubing shall be identified in accordance with nationally recognized standards (see Article 90 Standard a.2.1) to indicate the material conveyed, June 11, 1996 21 3. Emergency shutoff valves shall be identified and the location shall be clearly visible and indicated by means of a sign, 4. Backflow- prevention or check valves shall be provided when the backflow of hazardous materials could create a hazardous condition or cause the unauthorized discharge of hazardous materials, 5. 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, and instrumentation and to accommodate the expansion of regulated materials, and 6. Containment shall be provided for liquid hazardous materials. Containment includes but is not limited to double - walled piping." 9.30.180. Supply piping for health hazard materials Section 8001.4.3.3 of the Uniform Fire Code adopted in this article is amended to read as follows: "8001.4.3.3 Additional regulations for supply piping for health hazard materials. Supply piping and tubing for moderately toxic, toxic and highly toxic gases and for liquids having a health hazard ranking of 3 or 4 in accordance with UFC Standard 79 -3 shall also be in accordance with the following: 1. Piping and tubing utilized for the transmission of moderately toxic gases or toxic or highly toxic gases or material shall have welded or brazed connections throughout unless an exhausted enclosure is provided if the materials is a gas, or the piping is provided with a receptor for containment if the material is a liquid, EXCEPTION: Nonmetallic piping with approved connections. June 11, 1996 22 2. Highly toxic gases and toxic and moderately toxic corrosive gases shall be provided with double walled piping, or equivalent, EXCEPTION: Toxic or moderately toxic gases when provided with primary containment materials inert to the hazards of the gas. 3. Piping and tubing shall not be located in exit corridors, within any portion of an exit required to be enclosed in fire resistive construction, or above areas not classified as Group H Occupancies. EXCEPTION: Piping and tubing within the space defined by the walls of exit corridors and floor or roof above or in concealed space above other occupancies when installed in accordance with the Building Code as required for Group H, Division 6 Occupancies. See UBC Section 307.11.6.2. 4. Where gases or liquids are carried in pressurized piping above 15 psig (103.4kPa), excess flow control shall be provided. Where the piping originates from within a the storage room or area, the excess flow control shall be located within a hazardous materials storage room or area. Where piping originates from a bulk source, the excess flow control shall be located as close to the bulk source as practical, and 5. Readily accessible manual or automatic remotely activated fail -safe emergency shut -off valves shall be installed on supply piping and tubing at the following locations: 5.1 The point of use, and 5.2 The tank, cylinder or bulk source." June 11, 1996 23 9.30.185. Maintenance of safety controls. Section 8001.4.7.4 of the Uniform Fire Code adopted in this article is added to read as follows: "8001.4.7.4 Maintenance of safety controls. All safety control systems, such as manual and automatic shut -off valves and indicators, excess flow controls, and monitoring and detection systems, at a facility shall be maintained in good working condition and tested not less frequently than annually. Maintenance and testing shall be performed by persons qualified to perform the maintenance and tests. Maintenance records and certifications shall be available to any representative of the fire department for inspection upon request." 9.30.190. Notification of hazardous materials release. Section 8001.5.2.2 of the Uniform Fire Code adopted in this article is amended to read as follows: "8001.5.2.2 Notification. The chief shall be notified immediately when a release or unauthorized discharge escapes secondary containment, or is contained but presents a threat to health or property, or becomes reportable under state, federal or local regulations." 9.30.195. Hazardous materials identification signs. Section 8001.7 of the Uniform Fire Code adopted in this article is amended to read as follows: "8001.7 Identification signs. Visible hazard identification signs as specified in U.F.C. Standard 79 -3 shall be placed at entrances to locations where hazardous materials are stored, dispensed, used or handled in quantities requiring a permit. Signs shall be provided at specific entrances designated by the chief. June 11, 1996 24 Individual containers, cartons, packages piping, gas cabinets, equipment, or rooms shall be conspicuously marked or labeled in accordance with the departments labeling guideline or, if unavailable, with nationally recognized standards. See also Section 8003.1.2 Product - conveying ducts for venting hazardous materials operations shall be labeled with the hazard class of the material being vented and the direction of flow." 9.30.200. Separation of incompatible materials. Section 8001.9.8 of the Uniform Fire Code adopted in this article is amended to read as follows: "8001.9.8 Separation of incompatible materials. Incompatible hazardous materials shall be separated. Separation by hazard class is appropriate unless otherwise approved by the chief or in following nationally recognized standards. Separation shall be accomplished by: 1. Segregating incompatible hazardous materials by a distance of not less than 20 feet (6096 mm) and an independent containment system, or secondary containment, 2. Isolating incompatible hazardous materials by a non combustible partition extending not less than 18 inches (457.2 mm) above and to the sides of the stored material, 3. Storing liquid and solid materials in hazardous materials storage cabinets. (See Section 8003.1.10), or 4. Storing compressed gases in gas cabinets or exhausted enclosures in accordance with Sections 8003.3.1.3.2 and 8003.3.1.3.3. Materials which are incompatible shall not be within the same cabinet or exhausted enclosure." 9.30.205. Hazardous materials transport. June 11, 1996 25 Section 8001.10.1.1 is added to the Uniform Fire Code adopted in this article to read as follows: "8001.10.1.1 Removal from travel path. When hazardous materials are in transport in or about a facility, they shall remain in the travel path only for the time reasonably necessary to effect the transfer." 9.30.210. Hazardous materials transport safety. A new Section 8001.10.1.2 is added to the Uniform Fire Code adopted in this article to read as follows: "8001.10.1.2 General safety rule for transport. Movement of hazardous materials in or about a facility shall be done in a manner which will not substantially increase the risk of unauthorized release. Hazardous materials when in transit to their use or storage point shall be accompanied by a person qualified pursuant to Section 8001.1.9.1." 9.30.220. Hazardous materials containment requirements. Section 8001.14.5 is added to the Uniform Fire Code adopted in this article is amended to read as follows: "8001.14.5 Containment systems. Containment system shall be required for all hazardous materials which are liquids or solids at normal temperature and pressure (NTP). Construction shall be substantial, capable of safely and securely containing a sudden release without discharge. Design criteria shall be performance oriented and constructed of compatible materials to resist degradation, and provide structural and functional integrity for a period of time reasonably necessary to ensure detection, mitigation, and repair of the primary system. The chief may require outside containment areas to be covered with a roof or canopy for protection from the environment. June 11, 1996 26 In the case of an installation with one primary container, the secondary containment shall be large enough to contain at least 100 percent of the volume of the primary container. In the case of multiple primary tanks, the secondary container shall be large enough to contain 150 percent of the volume of the largest primary tank placed in it, or 10 percent of the volume of the aggregate internal volume of all primary tanks, whichever is greater." 9.30.225. Toxic gas - storage and use. A new Section 8001.14.6 is added to the Uniform Fire Code adopted in this article to read as follows: "8001.14.6 Toxic Gas -- storage and use 8001.14.6.1 Indoor storage. Indoor storage of toxic gases in amounts exceeding 10 cubic feet per control area, and highly toxic gases in any amount shall be in accordance with Sections 8001.1, 8001.14.6, 8001.14.7, 8003.3.1, and 8003.3.3. 8001.14.6.2 Outdoor storage. Outdoor storage of toxic gases in amounts exceeding 10 cubic feet per outdoor area, and highly toxic gases in any amount shall be in accordance with Sections 8003.1, 8001.14.6, 8001.14.7.2, 8003.3.2, and 8003.3 -3. 8001.14.6.3 Indoor use. Indoor use of toxic gases in amounts exceeding 10 cubic feet per control area and highly toxic gases in any amount shall be in accordance with Section 8001.14.6, 8001.14.7, and 8004.2.3.7. 8001.14.6.4 Outdoor use. Outdoor use of toxic gases in amounts exceeding 10 cubic feet per outdoor area and highly toxic gases in any amount shall be in accordance with Sections 8001.14.6, 8001.14.7.2 and 8004.3.6. June 11, 1996 27 8001.14.6.5 Seismic shut -off valve. An automatic shut -off valve which is of a "fail safe to close" design shall be provided to shut -off the supply of toxic or highly toxic gases. 8001.14.6.6 Fire extinguishing system. Indoor storage and use areas and exterior use areas and storage buildings shall be protected by an automatic fire sprinkler system in accordance with Section 8003.1.11. 8001.14.6.7 Automatic shut -off valve. An automatic valve which is of a fail safe to close design shall be provided to shut -off the supply of highly toxic gases for any of the following: 1. Activation of a manual fire alarm. 2. Activation of the gas detection system. 3. Failure of emergency power. 4. Manual override activated from a remote location. 5. Failure of primary containment. 6. A seismic event within five (5) seconds of horizontal semisoidal oscillation having a peak acceleration of .3g ( =2.94m /sec ) and a period of A seconds. 8001.14.6.8 Emergency control station. For highly toxic gases, signals from emergency equipment shall be transmitted to an emergency control station which is continually staffed by trained personnel. 8001.14.6.9 Local gas shut -off. Manual activation controls shall be provided at locations near the point of use and near the source, as approved by the Chief. The Chief may require additional controls at other places, including, but not limited to, the entry to the building, storage or use areas, and emergency control stations. Manual activated shut -off valves shall be of "fail safe to close design ". June 11, 1996 28 8001.14.6.10 Purge system. Gas systems shall be provided with dedicated inert gas purge systems. 8001.14.6.11 Maximum quantity. Toxic gases stored or used in quantities exceeding 500,000 cubic feet in a single container per control area or outdoor use area shall comply with the additional requirements for highly toxic gases of sections 8001.14.6, 8001.4.3.2 and 8001.4.3.3 of this code." 9.30.230. Moderately toxic gas - storage and use. A new Section 8001.14.7 is added to the Uniform Fire Code adopted in this article to read as follows: "8001.14.7 Moderately toxic Gas -- storage and use 8001.14.7.1 General. Moderately toxic gases including those used as refrigerants shall be in accordance with sections 8003.3.3.3.1, 8001.4.7.4, 8001.14.6.6, 8003.1.11 and 8001.4.3.2 in addition to the requirements of this section. 8001.14.7.1.1 Indoor storage. Indoor storage of moderately toxic gases in excess of 20 cubic feet per area bounded by no less than a one -hour fire- restive occupancy separation shall be in accordance with this section 8001.14.7.1. 8001.14.7.1.2 Ventilation. Cylinders shall be stored within gas cabinets, exhausted enclosures, or gas storage rooms. Portable and stationary tanks shall be stored within gas rooms or exhausted enclosures. 8001.14.7.1.3 Treatment systems. Treatment systems shall be utilized to process all exhaust ventilation to be discharged from gas cabinets, exhausted enclosures and gas rooms in accordance with Section 9003.3.1.3.5. June 11, 1996 29 8001.14.7.1.4 Detection. A continuous gas detection system shall be provided to detect the presence of a gas at or below the permissible exposure limit or ceiling limit in accordance with Section 8003.3.1.6. 8001.14.7.2 Outdoor storage. Outdoor storage of moderately toxic gases in excess of 20 cubic feet per outdoor area shall be in accordance with Section 8001.14.6.6 and this Section 8001.14.7.2. 8001.14.7.2.1 Storage under canopies. Portable tanks and cylinders shall be stored under a canopy of non combustible construction. 8001.14.7.2.2 Piping and controls. In addition to the requirements of Section 8001.4.3, piping and controls on stationary tanks shall be in accordance with Section 8003.3.2.4. 8001.14.7.2.3 Leaking cylinders. One or more gas cabinets or exhausted enclosures shall be provided to handle leaking cylinders in accordance with Section 8003.3.3.3. 8001.14.7.2.4 Exhaust for leaking tanks. A means of local exhaust shall be provided to capture leaks from portable tanks in accordance with Section 8003.3.3.4. 8001.14.7.3 Indoor use. Indoor use of moderately toxic gases in excess of 20 cubic feet per area bounded by not less than a one -hour fire- resistive occupancy separation shall be in accordance with Section 8001.14.7.3 and the storage provisions of Section 8001.14.7.1. 8001.14.7.3.1 Purge system. Gas systems shall be provided with dedicated inert gas purge systems. June 11, 1996 30 8001.14.7.4 Outdoor use. Outdoor use of moderately toxic gases in excess of 20 cubic feet shall be in accordance with this Section 8001.14.7.4 and the storage provisions of Section 8001.14.7.2. 8001.14.7.4.1 Ventilation. When cylinders, containers or portable tanks are used outdoors, gas cabinets or exhausted enclosures shall be provided. 8001.14.7.4.2 Treatment systems. Treatment systems shall be utilized to process all exhaust to be discharged from gas cabinets or exhausted enclosures in accordance with Section 8003.3.1.3.5. 8001.14.7.5 LC 50 < 3000 PPM. Notwithstanding the hazard class definition in Section 214 -M, moderately toxic gases with an LC50 less than 3000 parts per million shall comply with the requirements of Sections 8001.14.7. 8001.14.7.6 Maximum quantity. Moderately toxic gases stored or used in quantities exceeding 500,000 cubic feet in a single container per control area or outdoor use area shall comply with the additional requirements for toxic gases of sections 8001.14 and 8001.4.3.3 of this code; moderately toxic gases stored or used in quantities exceeding 1,000,000 cubic feet per control area or outdoor use area shall also comply with the additional requirements for highly toxic gases of sections 8001.14 and 8001.4.3.3 of this code." 9.30.235. Compressed toxic gas - storage. A new Section 8003.1.1 is added to the Uniform Fire Code adopted in this article to read as follows: "8003.1.1 Compressed toxic gas - storage. Indoor storage of toxic and highly toxic compressed gases in amounts exceeding the exempt amounts set forth in Section 8001.13 shall be in accordance with Section 8003.1, 8003.3.1, 8003.3.3.3, and 8001.14.6." June 11, 1996 31 r 9.30.240. Secondary containment of hazardous materials. Section 8003.1.7.4 of the Uniform Fire Code adopted in this article is amended to read as follows: "8003.1.7.4 Secondary containment. Drains shall be directed to containment systems or other locations designed as secondary containment for the hazardous materials liquids and fire - protection water, or the building, room or area shall be designed to provide secondary containment of hazardous materials liquids and fire protection water through the use of recessed floors or liquid -tight raised sills. Secondary containment shall be sized in accordance with section 8001.14.5. The volume contained shall include the sized amount plus the design flow rate of the automatic fire - extinguishing system for the area of the room or area in which the storage is located or the system design area, whichever is smaller. The containment capacity shall be capable of containing the flow for a period of 20 minutes. Overflow from the secondary containment system shall be provided to direct liquid leakage and fire - protection water to a safe location away from the building, valves, means of egress, fire access roadway, adjoining property or storm drains. If the storage area is open to rainfall, the secondary containment shall be designed to accommodate the volume of a 24 -hour rainfall as determined by a 25 -year storm. Where curbs are used, provisions shall be made for draining accumulations of groundwater or rainwater. A monitoring method capable of detecting hazardous material leakage from the primary containment into the secondary containment shall be provided. Visual inspection of the primary containment shall be used unless other means of monitoring are approved by the chief. Where secondary containment is subject to the intrusion of water, a monitoring method for such water shall be provided. When monitoring devices are provided, they shall be connected to distinct visual or audible alarms." June 11, 1996 32 I 9.30.245. Hazardous materials - limit controls.. Section 8003.1.14.1 of the Uniform Fire Code adopted in this article is amended to read as follows: "8003.1.14.1 General. Limit controls shall be provided in accordance with Section 8003.1.14. Sections 8003.1.14.2 and 8003.1.14.3 shall also apply to materials in quantities that do not exceed the exempt amounts ". 9.30.250. Compressed toxic gas - ventilated area. Section 8003.3.1.3.1 of the Uniform Fire Code adopted in this article is amended to read as follows: "8003.3.1.3.1 Ventilated area. Cylinders shall be stored within gas cabinets, exhausted enclosures or gas rooms. Portable and stationary tanks shall be stored within gas rooms or exhausted enclosures. The room or area in which gas cabinets or exhausted enclosures are located shall be provided with exhaust ventilation that is independent of the ventilation required for gas cabinets and exhausted enclosures." 9.30.255 Compressed toxic gas - emergency power. Section 8003.3.1.4 of the Uniform Fire Code adopted in this article is amended to read as follows: "8003.3.1.4 Emergency power. Emergency power shall be provided for highly toxic and toxic gases in amounts exceeding the exempt amounts defined in Table 8001.13 -13 in lieu of standby power for: 1. Exhaust ventilation, including the power supply for treatment systems, 2. Gas - detection systems, 3. Emergency alarm systems, and 4. Temperature control systems." June 11, 1996 33 9.30.260 Compressed toxic gas - outdoor storage. Section 8003.3.2.1 of the Uniform Fire Code adopted in this article is amended to read as follows: "8003.3.2.1 General. Outdoor storage of highly toxic or toxic compressed gases in amounts exceeding exempt amounts set forth in Section 8001.13 shall be in accordance with Sections 8003.1, 8003.3.2, 8003.3.3, and 8001.14.6." 9.30.265. Compressed toxic gas - distance to exposures. Section 8003.3.2.2.2 of the Uniform Fire Code adopted in this article is amended to read as follows: "8003.3.2.2.2 Distance limitation to exposures. Outdoor storage of moderately toxic, toxic and highly toxic compressed gases shall not be within 75 feet (22, 860 mm) of a building, property line, street, alley, public way or exit to a public way unless the storage is shielded by a structure having 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 not have more than two sides at approximately 90- degree directions, or three sides with connecting angles of approximately 135 degrees." 9.30.270. Compressed toxic gas - cylinder leak testing. A new Section 8003.3.3.3.1 is added to the Uniform Fire Code adopted in this article to read as follows: "8003.3.3.3.1 Testing. Compressed gas cylinders shall be inspected for leaks immediately upon delivery and again immediately prior to departure. Testing shall be approved by the chief in accordance with appropriate nationally recognized industry standards and practices, if any. Appropriate remedial actions shall be immediately undertaken when leaks are detected. June 11, 1996 34 9.30.275. Compressed toxic gas - excess flow control. A new Section 8003.3.3.4.1 is added to the Uniform Fire Code adopted in this article to read as follows: "8003.3.3.4.1 Excess flow control. Portable tanks, and cylinders shall be provided with excess flow control. Valves shall be permanently marked to indicate the maximum design flow rate. EXCEPTION: Moderately toxic gas." 9.30.280. Hazardous materials - use, dispensing and handling. Section 8004.1.1 of the Uniform Fire Code adopted in this article is amended to read as follows: "8004.1.1 Applicability. Use, dispensing and handling of hazardous materials where the aggregate quantity is in excess of the exempt amount set forth in Section 8001.13 shall be in accordance with Sections 8001 and 8004. Use dispensing and handling of hazardous materials where the aggregate quantity does not exceed the exempt amounts set forth in Section 8001.13 shall be in accordance with Section 8001. For flammable, oxidizing, pyrophoric, toxic, and highly toxic gases, see also Section 8001.14. Hazardous materials regulated by other articles, including refrigerants, are not required to be in accordance with Section 8004 unless specifically indicated in Section 8004." 9.30.285. Hazardous materials - emergency alarm. A new Section 8004.1.19 is added to the Uniform Fire Code adopted in this article to read as follows: "8004.1.19 Emergency alarm. See Section 8003.1.15." June 11, 1996 35 9.30.290. Liquefied petroleum gas - permits and plans. Section 8202.1 of the Uniform Fire Code adopted in this article is amended to read as follows: "8202.1 Permits and Plans. For a permit to store, use, handle, or dispense LP -gas, or to install or maintain an LP -gas container, see Section 105, Permit 1.1. EXCEPTION: A permit is not required to install or maintain portable containers of less than 125- gallon (473.2 L) aggregate water capacity. Distributors shall not fill an LP -gas container for which a permit is required unless a permit for installation has been issued for that location by the chief. Where a single container is over 125- gallon (473.2L) water capacity or the aggregate capacity of containers is over 125- gallon (473.2L) water capacity, the installer shall submit plans for such installations." 9.30.300 Liquefied petroleum gas - storage limits. Section 8204.2 of the Uniform Fire Code adopted in this article is amended to read as follows: "8204.2 Maximum capacity within Established Limits. Except where prohibited, the aggregate capacity of any one installation shall not exceed a 2,000 - gallon (7571 L) water capacity. 8204.2.1 Prohibition in heavily populated or congested commercial areas. The storage of liquefied petroleum gasses is prohibited in heavily populated or congested commercial areas." June 11, 1996 36 9.30.305. Firebreak vegetation. A new Section 16.3 is added to Appendix 11-A of the Uniform Fire Code adopted in this article to read as follows: "16.3 Firebreak Vegetation. When brush or vegetation growth is removed and cleared away to provide a firebreak as required by this section, suitable growth that will not form a means of rapidly transmitting fire shall be planted in such a manner so as to reduce the possibility of erosion." 9.30.310. Roof coverings in hazardous fire area. A new Section 25 is added to Appendix II -A of the Uniform Fire Code adopted in this article to read as follows: "SECTION 25 -- ROOF COVERINGS IN HAZARDOUS FIRE AREAS AS DEFINED BY COUNCIL RESOLUTION Roof coverings on all buildings shall be fire retardant, and shall comply with the standards established for Uniform Building Code Class A roofing. Re- roofing of existing buildings shall comply with the above except that any re- roofing of less than ten percent (10 %) of the total roof area on any building shall be exempt from this requirement. Additions to existing buildings exceeding ten percent (10 %) of the total roof area shall comply with this section." 9.30.315. Distribution of fire hydrants. Section 5 of Appendix III -B of the Uniform Fire Code adopted in this article is amended to read as follows: "SECTION 5 -- DISTRIBUTION OF FIRE HYDRANTS The average spacing between fire hydrants shall not exceed that listed in Table A- III -B -1. EXCEPTION: The maximum spacing of hydrants in commercial areas shall be 250 feet. June 11, 1996 37 Regardless of the average spacing, fire hydrants shall be located such that all points on streets and access roads adjacent to a building are within the distances listed in Table A- 111 -B -1. SECTION III Existing Article III of Chapter 13 is moved to Article IV to read as follows: ARTICLE IV. WOOD BURNING APPLIANCES Sec. 13.40.010. Restrictions on wood burning appliances. It shall be unlawful to: (a) Use fireplaces and other wood burning appliances when the Bay Area Air Quality Management District issues a ' 'Don't Light Tonight" warning and when an alternate approved heat source is available. (b) Sell, advertise, transfer, install or replace a wood burning appliance that does not meet minimum EPA Phase II Certified Standards or equivalent. (c) The following appliances are exempt from this section: (1) Wood burning appliances that are designed primarily for food preparation. (2) Environmental Protection Agency (EPA) -- Phase II certified appliances and approved equals. (3) Historic wood burning appliances as determined by the Building Official and the Planning Director. (4) Appliances of unusual character as determined by the Building Official. Sec. 13.40.020. Fuel for wood burning appliances. It shall be unlawful to burn garbage, plastics, rubber, waste solvent, paint, oil, painted or treated wood, particle board, plywood, salt -water driftwood, coal, glossy or colored paper, and any other fuel which produces noxious, corrosive or toxic smoke and fumes in wood burning appliances. June 11, 1996 38 SECTION IV A new Article III of Chapter 13 is adopted as follows: ARTICLE III. Regulation of Facilities Where Materials Which Are or May Become Toxic Gases are Found DIVISION 1. GENERAL PROVISIONS Sec. 13.30.010. 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 Chapters 6 and 9. (c) In the event of conflicting or overlapping regulatory provisions with a provision elsewhere in the Town 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 pursuant to by an act of Congress or enactment of the State Legislature, the more stringent requirement shall apply. Sec. 13.30.015. Definitions. (a) General. Unless the context otherwise requires, the words and phrases in this article shall have the meanings set forth in this section, which shall govern the construction of this article. For words and phrases not defined in this article, the definitions set forth in Chapter 9 shall control. June 11, 1996 39 (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. EVC (ppm) I = I Vapor Pressure x 10 6 Atmospheric Pressure June 11, 1996 40 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 in chapter 9. 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 501 0.1 LCLo, 0.001 LD or 0.01 LDLo. 10. "Lethal concentration" (LC 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. June 11, 1996 41 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 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: MHI = 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 June 11, 1996 42 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 13.30.401(e) of this article, and not with the requirements for Class I, H, 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 13.30.401(e) of this article. 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 13.30.020(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, June 11, 1996 43 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. DIVISION 2. REQUIREMENTS. Sec. 13.30.020. General standards. (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: June 11, 1996 44 (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: 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. June 11, 1996 45 (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 June 11, 1996 46 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. (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. June 11, 1996 47 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. 0) 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 5108 -A of the Uniform Fire Code adopted in Chapter 9. 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. June 11, 1996 48 (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. Rme 11, 1996 49 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. June 11, 1996 50 2. The design of the sprinkler systems shall be not less than that required under Uniform Building Code Standard No. 9 -1 for Ordinary Hazard Group 2 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 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 3. CLASSIFICATION OF MATERIALS Section 13.30.030. Materials Classifications. (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. June 11, 1996 51 (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 13.30.401, 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 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 IN 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 13.30.020(q) nor from the provisions relating to ' 'fire extinguishing systems," set forth in subsection 13.30.020(r). DIVISION 4. SPECIFIC PROVISIONS June 11, 1996 52 See. 13.30.040 Storage and Use Requirements. (a) General. 1. The specific provisions required by this article shall be in addition to those requirements specified in 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 quantity Includes minimum threshold quantity and exempt amount controls Exempt amounts Other applicable statutes, codes, ordinances June 11, 1996 53 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 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. June 11, 1996 54 (iii) Failure of emergency power. (iv) Seismic activity, 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. (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 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 June 11, 1996 55 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. June 11, 1996 56 5. Gas detection. A continuous gas- detection system in accordance with Chapters 6 and 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 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. June 11, 1996 57 (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 the fire code 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. (v) Signs shall be durable. June 11, 1996 58 (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 minim 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 June 11, 1996 59 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 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. June 11, 1996 60 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: Container Nonliquefied (Minutes) Liquefied (Minutes) Cylinders 5 30 June 11, 1996 61 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 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. June 11, 1996 62 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 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. June 11, 1996 63 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 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. June 11, 1996 64 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 5. MISCELLANEOUS See. 13.30.050. Fee schedule. For purposes of this article, the reference to a municipal fee schedule shall refer to the then - current Town resolution establishing fees regarding the subject matter of this article. SECTION V This ordinance was introduced at a regular meeting of the Town Council of the Town of Los Gatos on July 1, 1996 and adopted by the following vote as an ordinance of the Town of Los Gatos at a regular meeting of the Town Council of the Town of Los Gatos on August 5, 1996. This ordinance takes effect 30 days after it is adopted, or filing with the California Department of Housing and Community Development, whichever comes last. COUNCIL MEMBERS: AYES: Randy Attaway, Joanne Benjamin, Steven Blanton, Linda Lubeck NAYS: None ABSENT: Patrick O'Laughlin ABSTAIN: None SIGNED: O MAYOR 4 VTHE TOW OF LOS GATOS LOS GATOS, CALIFORNIA ATTEST: CLERK OF THE TOWN OF LOS GA .OS LOS GATOS, CALIFORNIA N: \SHARH\ATY0805.23 June 11, 1996 65