CC Ordinance No. 1911ORDINANCE NO. 1911
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CUPERTINO REPEALING AND RE-ENACTING CHAPTER 16.40
OF THE CUPERTINO MUNICIPAL CODE ADOPTING THE
2001 EDITION OF THE CALIFORNIA FIRE CODE
THE CITY COUNCIL OF THE CITY OF CUPERTINO HEREBY ORDAINS that
Chapter 16.40 of the Cupertino Municipal Code is repealed and re-enacted as contained in
attached Exhibit A.
INTRODUCED at a regular meeting of the City Council of the City of Cupertino the 4th
day of November 2002 and ENACTED at a regular meeting of the City Council of the City of
Cupertino the 18th day of November 2002, by the following vote:
Vote:
Members of the City Council
Ayes: Lowenthal, Chang, James, Kwok, Sandoval
Noes: None
Absent: None
Abstain: None
ATTEST:
City Clerk
'~' APPROVE~
ay~or, City of Cupertino
EXHIBIT A
16.40.010 Adoption Of The 2001 California Fire Code And 2000 Uniform Fire Code
There is hereby adopted by the City of Cupertino for the purpose of prescribing
regulations governing conditions hazardous to life and property from fire or explosion, that
certain code known as the 2001 California Fire Code and als0 the 2000 Uniform Fire Code,
including Appendix Chapters I-C, II-A, II-B, II-I, II-J, III-A, III-B, III-C, III-D, IV-A, V-A, VI-
A, VI-B, VI-C, and VI-J being particularly the 2000 Editions thereof and the whole thereof, save
and except such portions as are hereinafter deleted, modified or amended by this ordinance, of
which one copy has been filed for use and examination by the public in the office of the City
Building Official and the City Fire Chief and the same adopted and incorporated as fully as if set
out at length herein, and from the date on which this ordinance shall take effect, the provision
thereof shall be controlling within the limits of the City of Cupertino.
16.40.020 Administration
Section 101.3.1 is added to read as follows:
101.3.1 Administration. The City Manager, through the powers vested by the City Commil,
shall have the authority to delegate any and all responsibility for the maintenance and
enforcement of the provisions of this Code to whichever legal entity he feels best serves the
interests of the City.
Wherever the words "Chief," "Fire Marshal," "Fire Department," "Fire Prevention Bureau,"
"Fire Chief," and other such similar words are used, they shall mean and refer to such legal entity
designated by the City Manager of Cupertino under the authority of the City Council of
Cupertino.
Wherever the words "municipality," "jurisdiction," or "city" are used, they shall mean the
City of Cupertino.
Wherever the words "Executive Body" are used, they shall mean the City Council of
Cupertino.
Wherever the words "Administrator" or "Executive" are used, they shall mean the City
Manager of Cupertino.
Wherever the words "District Attorney" or "Corporation Counsel" are used, they shall mean
the City Attorney of Cupertino.
Wherever the words "Board of Appeal" are used, they shall mean the City Council of
Cupertino or the body appointed by the Council to pass on matters pertaining to fire safety.
16.40.030 Establishment of limits of districts in which storage of flammable or combustible
liquids in outside aboveground tanks is prohibited.
The limits referred to in Sections 7902.2.2.1 and 7904.2.5.4.2 of the California Fire Code, in
which the storage of flammable or combustible liquids in aboveground tanks is prohibited are
hereby established as all locations of the City of Cupertino that are residential or congested
commercial areas as determined by the Chief.
16.40.040 Establishment of limits in which storage of liquefied petroleum gases is
prohibited.
The limits referred to in Section 8204.2 of the California Fire Code, in which storage ofliquefied
petroleum gas is restricted, are hereby established as all locations of the City of Cupertino that
are residential or congested commercial areas.
Exceptions: LPG may be used for industrial operations or when natural gas would not provide a
viable substitute for LPG. Portable containers for temporary heating and/or cooking uses may be
permitted if stored and handled in accordance with this code. Facilities in commercial areas for
refueling portable or mobile LGP containers may be approved by the Chief on a case by case
basis.
16.40.050 Establishment of limits of districts in which the storage of explosives and blasting
agents is to be prohibited.
The limits referred to in Section 7701.7.2 of the Uniform Fire Code, in which the storage of
explosives and blasting agents is prohibited, are hereby established as the City limits of the City
of Cupertino.
16.40.060 Establishment of limits of districts in which the storage of compressed natural
gas is to be prohibited.
The limits referred to in Section 5204.5.2 of the Uniform Fire Code, in which the storage of
compressed natural gas is prohibited, are hereby established as all locations of the City of
Cupertino that are residential. Locations for the storage and/or dispensing of compressed natural
gas in commercial areas shall be as approved by the Chief on a case by case basis.
16.40.070 Establishment of limits of districts in which the storage of stationary tanks of
flammable cryogenic fluids are to be prohibited.
The limits referred to in Section 3-1.5 of the Uniform Fire Code Standard 80-3 in which the
storage of flammable cryogenic fluids in stationary containers is prohibited are hereby
established as all locations of the City of Cupertino which are residential and congested
commercial areas as determined by the chief.
16.40.080 Appeals
Section 103.1.4 is amended to read as follows:
103.1.4 Appeals. To determine the suitability of alternate materials and types of construction and
to provide for reasonable interpretations of the provisions of this code, there shall be and hereby
is created a board of appeals. The board of appeals shall be construed to mean and shall consist
of the City Council of the City of Cupertino.
16.40.090 Final Inspection
Section 103.3.2.4 is added to read as follows:
103.3.2.4 Final Inspection. No final inspection as to all or any portion of a development shall be
deemed completed until the installation of the required fire protection facilities and access ways
have been completed and approved. No final certificate of occupancy may be granted until the
Fire Department issues notice of final clearance to the Building Department.
16.40.100 Permits for Compressed Gases
Section 105.8 c.7 is amended to read as follows:
c.7. COMPRESSED GASES. To store, use or handle at normal temperatures and pressures
compressed gases in excess of the amounts listed in Table 105-A, to install any piped distribution
system for compressed gases, or to install a non-flammable medical gas manifold system. A
permit is required to install, repair, abandon, remove, place temporarily out of service, close or
substantially modify a compressed gas system.
EXCEPTIONS: 1. Routine maintenance.
2. For emergency repair work performed on an emergency basis, application for permit
shall be made within two working days of commencement of work.
3. Inert and simple asphyxiants at or below the mnounts listed in Table 105-A.
The permit applicant shall apply for approval to close storage, use or handling facilities at least
30 days prior to the termination of the storage, use or handling of compressed or liquefied gases.
Such application shall include any change or alteration of the facility closure plan filed pursuant
to Section 8001.13. This 30-day period may be waived by the chief if there are special
circumstances requiring such waiver.
16.40.110 Permits for Cryogens
Section 105.8 c.9 is amended to read as follows:
c.9. CRYOGENS. Except where federal or state regulations apply and except for
fuel systems of the vehicle, to produce, store or handle cryogens in excess of the amounts listed
in Table 105-B, or to install a cryogenic vessel or piping system for the storage or distribution of
cryogens. See Article 75.
16.40.120 Permits for Day Care Facility
Section 105.8 d.3 is added to read as follows:
d.3 Day care facility. To operate a business as a day care facility for more than 6 people.
16.40.130 Permits for Fire Protection Systems
Section 105.8 f.6 is added to read as follows:
L6 Fire protection systems. To install, alter or change any fire hydrant system, fire
extinguishing system or fire alarm system.
16.40.140 Permits for Institutions
Section 105.8 i.1 is added to read as follows:
i. 1 Institutional. To operate, maintain, or use any institutional type occupancy. For the purpose
of this Section, an institution shall be, but is not limited to: hospitals, children's home, 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, resldentlal
care homes for the elderly, out of home placement facilities, halfway house, and day care
nurseries or similar facility of any capacity.)
16.40.150 Permit Amounts for Compressed Gases
Table 105-A is amended as follows:
TABLE 105-A PERMIT AMOUNTS FOR COMPRESSED GASES~
TYPE OF GAS AMOUNTIcubic feet)2
X 0.0283 for m=
Corrosive 200
Flammable (except cryogenic and liquefied petroleum gases) 200
Highly toxic Any amount
Inert and simple asphyxiant 6,000
irritant 200
Moderately toxic 20
Other health hazards 650
Oxidizing (including oxygen) 504
Pyrophoric Any amount
Radioactive Any amount
Sensitizer 200
Toxic Any Amount
Unstable (reactive) Any amount
I See Articles 74, 80 and 82 for additional requirements and exceptions.
2 Cubic feet measured at normal temperature and pressure.
16.40.160 PERMIT AMOUNTS FOR HAZARDOUS MATERIALS
Table 105-C is amended as follows:
TABLE 105-C PERMIT AMOUNTS FOR HAZARDOUS t/IATERIALS~
TYPE OF MATERIAL AMOUNT
x 0.4536 for lbs. to kg
x 3.785 for gal. to L
Carcinogens 10 pounds
Cellulose nitrate See No. c.4
Combustible fiber See No. c.5
Combustible liquids See No. f. 3
Corrosive n?~ See No. c.7
Corrosive liquids 55 gallons
Corrosive solids 500 pounds
Cryogens See No. c.9
Explosives See No. e.1
Fireworks, 1.4G See No. [2
Flammable gases See No. c.7
Flammable liquids See No. f.3
Flammable solids 10 pounds
Highly toxic ~ase~ (including ?~ticides and fumigants) See No. c.7
Highly toxic liquids and solids (including pesticides and fumigants) Any amount
Irritant liquids 55 gallons
Irritant solids 500 pounds
Liquefied petroleum gases See No. I. 1
Magnesium gee No. m.t
Moderately toxic gas See No. c.7
Nitrate film See No. c.3
Oxidizing n~.,~s See No. c.7
Oxidizing liquids Any amount
Oxidizing solids Any amount
Organic peroxide liquids and solids Any Amount
Other health hazards: Liquids 55 gallons
Other health hazards: Solids 500 pounds
Pyrophoric gases See No. c.7
Pyrophoric liquids Any amount
Pyrophoric solids Any amount
Radioactive materials (including gases, liquids and solids) See No. c.7 and r. 1
Sensitizer liquids 55 gallons
Sensitizer solids 500 pounds
Toxic gases See No. c.7
Toxic liquids Any amount
Toxic solids Any amount
Unstable (reactive) n?~-s See No. c.7
Unstable reactive liquids Any amount
Unstable reactive solids Any amount
Water reactive liquids Any amount
Water reactive solids Any amount
1 See Article 80 for additional requirements and exce ~tions.
16.40.170 Permit Fees
Section 105.9 is added to read as follows:
105.9 Permit Fees. Fees shall be paid to the Santa Clara County Fire Department as follows:
ONE TIME FEE
1. Permit fees and plan review fees for fire hydrant systems, fire
extinguishing systems, fire alarm systems shall be charged in
accordance with Section 107 of the Building Code. For the
purposes of determining the fee amount, the total valuation shall
be limited to the value of the system for which the permit is
being issued.
2. Additional reinspections $30.00 each
3. Tents in excess of 200 sq. ft. or canopies in excess of 400 sq. ft. $85.00
(or for each permit)
4. Job site consultation as determined by the Fire Chief $50.00 Man Hour/1
Hour Minimum
ANNUAL FEES
1. Institutional permits
A. Over 50 persons $100.00
B. More than 6 persons $ 75.00
2. Day Care Facilities
More than 6 clients $35.00
3. Places of Assembly
A. 50-300 persons
B. Over 300 persons
$5O.OO
$§5.00
16.40.180 Continuous Gas Detection System and Corrosive Liquid Definitions
Section 204-C is amended to add definitions to read as follows:
SECTION 204-C
CONTINUOUS GAS DETECTION SYSTEM. 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.
CORROSIVE LIQUID. Corrosive liquid is a liquid which, when in contact with living
tissue, will cause destruction or irreversible alteration of such tissue by chemical action.
Examples include acidic, alkaline or caustic materials. Such material will be considered
corrosive when the Ph is 2 or less or 12.5 or more, except for foodstuffs or medicine.
Included are materials classified as corrosive by the Department of Transportation and
Title 22 California Code of Regulations Section 66261.
16.40.190 Hazardous Materials Management Plan Definition
Section 209-H is amended to add a definition to read as follows:
209-H
HAZARDOUS MATERIALS MANAGEMENT PLAN (HMMP). Hazardous
materials management plan (HMMP) is a written plan containing at a minimum the
information required pursuant to section 25500 et. seq. of the California Health and
Safety Code.
16.40.200 Moderately Toxic Gas Definition
Section 214-M is amended to add a definition to read as follows:
214-M
MODERATELY TOXIC GAS is a chemical or substance that has a median lethal
concentration (LC50) in air more that 2000 parts per million but not more than 5000 parts
per million by volume of gas or vapor, when administered by continuous inhalation for
an hour, or less if death occurs within one hour, to albino rats weighing between 200 and
300 grams each.
16.40.210 Refrigerant Circuit Definition
Section 219-R is amended to add a definition to read as follows:
SECTION 219-R
REFRIGERANT CIRCUIT shall consist of all portions of a system that contain refrigerant.
16.40.220 Secondary Containment, Segregated, Semiconductor Fabrication Storage/Use
Facility, Definitions
Section 220-S is amended to add definitions to read as follows:
SECTION 220-S
SECONDARY CONTAINMENT. Secondary containment is that level of containment
that is external to and separate from primary containment and is capable of safely and
securely containing the material, without discharge, for a period of time reasonably
necessary to ensure detection and remedy of the primary containment failure.
SEGREGATED. Segregated is storage in the same room or inside area, but physically
separated by exclusive secondary containment from incompatible materials.
STORAGE/USE FACILITY. Storage/use facility is a building, portion of a building,
or exterior area used for the storage, use, or handling of hazardous materials where the
quantity of hazardous materials is equal to or greater than the permit amounts specified in
Section 105.
STORAGE/USE SYSTEM. Storage/use system is any one or combination of tanks,
sumps, waste treatment facilities, pipes, vaults or other portable or fixed containers, and
their secondary containment systems which are used, or designed to be used, for the
storage, use, or handling of hazardous materials at a storage/use facility.
16.40.230 Workstation Definition
Section 224-W is amended to add a definition to read as follows:
SECTION 224 - W
WORKSTATION is a defined space or independent principal piece of
equipment using hazardous materials where a specific function, laboratory
procedure or research activity occurs. Approved or listed hazardous materials
storage cabinets, flammable liquid storage cabinets or gas cabinets serving a
workstation are included as part of the workstation. A workstation is allowed to
contain ventilation equipment, fire protection devices, electrical devices, and
other processing and scientific equipment.
16.40.240 Access Control Devices
Section 902.5 is added to read as follows:
902.5 Access Control Devices. When access control devices including bars, grates, gates,
electric or magnetic locks or similar devices which would inhibit rapid fire department
emergency access to the building are installed, such devices shall be approved by the chief. All
access control devices shall be provided with an approved means for deactivation or unlocking
by the fire department.
Access control devices shall also comply with Article 12 for exiting.
16.40.250 Water Supplies
Section 903.3 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, the chief may be guided by Appendix III-A.
Where water supplies available for fire protection do not meet the requirements of Appendix III-
A, an approved (approved means as approved by the Fire Chief) automatic fire sprinkler system
installed throughout the building will be an acceptable alternate to all or a portion of the water
supply required, as determined by the Chief, provided that a sprinkler system is not otherwise
required by this code or the Building Code.
16.40.260 Fire Extinguishing System Standards
Section 1003.1.2, is amended to read as follows:
1003.1.2 Standards. Fire extinguishing systems shall comply with the Building Code. Fire
sprinkler systems required by the Building Code or Fire Code, as herein amended, shall be
installed in accordance with National Fire Protection Association 0NFPA) Standards, as
referenced in the Building Code, and Fire Department Standards.
16.40.270 Monitoring of Other Approved Fire Extinguishing Systems
Section 1003.1.3 is added to read as follows:
1003.1.3 Monitoring of Other Approved Fire Extinguishing Systems. When a fire alarm
system or fire sprinkler monitoring system is installed in a building, the system shall monitor all
fire extinguishing systems including, but not limited to, commercial kitchen extinguishing
systems, clean agent systems, CO2 systems, dry chemical and foam systems. When a fire alarm
system is installed, activation of any fire extinguishing system shall send an alarm signal to the
system control panel and initiate the alarm signaling devices.
16.40.280 Required Fire Sprinkler Systems for Buildings
Section 1003.2.2, paragraph 1 is amended to read as follows:
All occupancies. An automatic fire sprinkler system shall be installed:
16.40.290 Fire Sprinkler Systems for Buildings
Section 1003.2.2, items 6 through 9 are added to read as follows:
6. In all new buildings where the fire flow for the building, in accordance with Appendix III-A,
exceeds 2,000 gallons per minute or, is three (3) or more stories in height or, the floor area
exceeds 10,000 square feet.
7. Throughout all existing buildings when modifications are made that increases the fire flow, in
accordance with Appendix III-A, to more than 2,000 gallons per minute or, increases the number
of stories to three (3) or more or, increases the floor area to more than 10,000 square feet.
8. In all new buildings located in the designated Hazardous Fire Area.
Exception: Accessory structures to single family residences that are 500 square feet or
less.
9. Throughout all existing remodeled buildings located in the designated Hazardous Fire Area.
Exception: When additions of 500 square feet or less are made to the original permitted
structure.
16.40.300 Immersion Heaters.
Section 1107.3 is added to read as follows
1107.3 Immersion heaters. All electrical immersion heaters used in dip tanks, sinks, vats and
similar operations shall be provided with approved over-temperature controls and low liquid
level electrical disconnects. Manual reset of required protection devices shall be provided.
16.40.310 Portable Fueled Open-Flame Heating Appliances.
Section 1109.3.1 is added to read as follows:
1109.3.1 Portable Fueled Open-Flame Heating Appliances. Portable fueled open-flame
heating devices shall be approved for use by the Chief.
16.40.320 Emergency Plans.
Section 1303.4.4 is added to read as follows:
1303.4.4 Cabinets. In large commercial, industrial or residential complexes the Chief may
require the Emergency Plan and the HMBP to be in locked cabinets at an approved Location.
16.40.340 Protected aboveground tanks.
Section 5202.3.7.1 is amended to read as follows:
5202.3.7.1 Size. Primary tanks of protected aboveground tanks shall not exceed a 2,000 gallon
individual or 6,000 gallon aggregate capacity. Tank installations having the maximum allowable
aggregate capacity shall be separated from other installation of protected tanks not less than 100
feet.
16.40.350 Refrigeration Systems
Section 6301 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 A1 or 30 pounds (13.6 kg) of any other group refrigerant shall be in
accordance with Article 63 and the Mechanical Code. See Appendix VI-J for refrigerant group
descriptions. See also Sections 8001.1.2, 8001.16.7, and 8002.
EXCEPTION: The chief is authorized to exempt temporary or portable installations.
16.40.360 Refrigeration Definitions
Section 6303 is amended to read as follows:
SECTION 6303 - DEFINITIONS
For definitions of IMMEDIATELY DANGEROUS TO LIFE AND HEALTH (IDLH), LOWER
FLAMMABILITY LIMIT (LFL), PERMISSIBLE EXPOOSURE LIMIT (PEL) AND
REFRIGERANT AND REFRIGERANT CIRCUIT, see Article 2. For refrigerant groups,
Appendix VI - J.
16.40.370 Battery System Ventilation
Section 6404.6 is amended to read as follows:
6404.6 Ventilation. Ventilation shall be provided in accordance with the Mechanical Code and
the following:
1. The ventilation system shall be designed to limit the maximum concentration of hydrogen to
1.0 percent of the total volume of the room in accordance with nationally recognized standards,
or
2.Continuous ventilation shall be provided at a rate of not less than 1 cubic foot per minute per
square foot (5.1 cubic meter per second per square meter) of floor area of the room.
3. Failure of the ventilation system shall initiate a local alarm and transmit a signal to a
constantly attended station or automatically disengage the charging system.
16.40.380 Flammable And Combustible Liquids-Plans
Section 7901.3.2 is amended to read as follows:
7901.3.2 Plans. Plans shall be submitted with each application for a permit to store liquids
outside of buildings in containers or tanks. The plans shall indicate the method of storage,
quantities to be stored, distances from buildings and property lines, accessways, fire-protection
facilities, and provisions for spill control and secondary containment.
16.40.390 Flammable And Combustible Liquids-Monitoring
Section 7901.14 is added to read as follows:
7901.14 Monitoring. Monitoring of flammable and combustible liquid storage/use systems shall
be provided on a regular or continuous basis. The monitoring system and its frequency shall be
included in the Hazardous Materials Management Plan if otherwise required or shall be in
writing for approval by the chief. Monitoring methods may include but are not limited to the
following;
1. Visual inspection, no less than monthly.
2. Continuous leak detection and alarm system.
3. Any system which will provide continuous, reliable monitoring of the primary container(s)
capable of alerting occupants to an alarm or trouble condition; all systems are subject to approval
by the chief.
16.40.400 Flammable And Combustible Liquids-Containment
Section 7901.15 is added to read as follows:
7901.15 Containment requirements. A containment system shall be required for all flammable
and combustible liquids. 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.
16.40.410 Flammable And Combustible Liquids-Tank Locations
Section 7902.2.2.1 is amended to read as follows:
7902.2.2.1 Locations where above ground tanks are prohibited. The storage of Class I, II and
III-A liquids in aboveground tanks outside of buildings is permitted only in locations not
prohibited by this ordinance, or as otherwise approved by the Chief, and shall be installed as
follows:
1. Double wall steel aboveground tanks used for the storage of Class II and III-A liquids
including integral diesel fuel storage tanks for generators or fire pumps, which are listed and
limited to a capacity of 660 gallons. Tanks shall be located a minimum often (10) feet from any
building and property line which is or can be built upon, unless protected by an unpierced two
(2) hour fire resistive wall extending not less than 30 inches above and to the sides of the storage
area.
2. Protected aboveground storage tanks storing diesel fuel that is used to power generators or
fire pumps shall not exceed 4,000 gallons individual capacity and 16,000 gallon aggregate
capacity. Tanks with capacities of 661-4,000 gallons shall be located a minimum of ten (10)
feet from any building and fifteen (15) feet from a property line which is or can be built upon
unless protected by an non-pierced two (2) hour tim resistive wall extending not less than 30
inches above and to the sides of the storage area. Tanks shall be installed in accordance with
Article 52.
3. As approved by the Fire Chief, aboveground storage tanks used for dispensing fuel for motor
vehicles shall be installed and maintained in accordance with Article 52.
16.40.430 Hazardous Materials Permits
Section 8001.3.2 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). 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 and devices,
5. Product conveying piping containing liquids or gases, other than utility-owned fuel gas lines
and low-pressure fuel gas lines,
6. On and off positions of valves for valves which are of the self-indicating type, and
7. Storage plan showing the intended storage arrangement, including the location and dimensions
of aisles.
The plans shall be legible and approximately to scale. Separate distribution systems are allowed
to be shown on separate pages.
The applicant may use a copy of an up to date Hazardous Materials Business Plan, which has
been approved under Health and Safety Code, Chapter 6.95, Sections 25500 through 25545, and
the regulations adopted thereunder, to satisfy the requirements for an HMMP.
16.40.440 Hazardous Materials Inventory Statement
Section 8001.3.3 is amended to read as follows:
8001.3.3 Hazardous materials inventory statement. When required by the chief, owners or
operators of storage/use facilities shall submit a hazardous materials inventory statement
(HMIS). The HMIS shall include the information required for a hazardous materials inventory
statement prepared under Health and Safety Code, Chapter 6.95, Sections 25500 through 25545,
and Title 19, Division 2, Chapter 3. A hazardous materials/waste registration form may be
submitted for materials below the threshold limit of Chapter 6.95, Sections 25500 through
25545, and Title 19, Division 2, Chapter 3.
16.40.450 Systems, Equipment and Processes - Design and Construction
Section 8001.4.3.2 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 material to be contained and shall be of adequate strength and
durability to withstand the 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,
_ 3. Emergency shutoff valves shall be identified and the location shall be clearly visible and
indicated by means of a sign, and
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. Secondary containment or equivalent protection from spills shall be provided for piping for
liquid hazardous materials and for highly toxic and toxic corrosive gases above permitted
amounts. Secondary containment includes, but is not limited to double walled piping.
EXCEPTIONS: 1. Secondary containment is not required for toxic corrosive
gases if the piping is constructed of inert materials.
2. Piping under sub-atmospheric conditions if the piping is equipped with an
alarm and fail-safe-to-close valve activated by a loss of vacuum.
6. Piping and tubing used for the transmission of toxic gases shall have welded connections
throughout unless an exhausted enclosure is provided.
7. 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.
16.40.460 Piping for Health Hazard Materials
Section 8001.4.3.3 is amended to read as follows:
8001.4.3.3 Additional regulations for piping for health hazard materials. Supply piping and
tubing for gases and 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 highly toxic or toxic material shall have
welded or brazed connections throughout unless an exhausted enclosure is provided if the
material is a gas, or the piping is provided with a receptor for containment if the material is a
liquid,
2. Piping and tubing shall not be located within corridors, within any portion of a means of
egress required to be enclosed in fire-resistive construction or in concealed spaces in areas not
classified as Group H Occupancies,
EXCEPTION: Piping and tubing within the space defined by the walls of corridors and
floor or roof above or in concealed space above other occupancies when installed in
accordance with the Building Code as required for semi-conductor fabrication facilities
classified as Group H Occupancies.
3. Where gases or liquids are carried in pressurized piping above 15 psig (103.4 kPa), excess
flow control shall be provided. Where the piping originates from within a hazardous material
storage room or area, the excess flow control shall be located within the storage room or area.
Where the piping originates from a bulk source, the excess flow control shall be located as close
to the bulk source as practical, and
4. Readily accessible manual or automatic remotely activated fail-safe emergency shutoff valves
shall be installed on supply piping and tubing at the following locations:
4.1 The point of use, and
4.2 The tank, cylinder or bulk source.
16.40.470 Release of Hazardous Materials
Section 8001.5.2.2 is amended to read as follows:
8001.5.2.2 Notification. The chief shall be notified immediately when a release or an
unauthorized discharge escapes containment or is contained but presents a threat to health or
property or becomes reportable under state, federal or local regulations.
16.40.480 Identification signs
Section 8001.7 is amended to read as follows:
8001.7 Identification Signs. Visible hazard identification signs as specified in UFC Standard
79-3 shall be placed on stationary aboveground tanks and 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 and locations designated by the chief.
EXCEPTION: The chief may waive this requirement in special cases when consistent with
safety if the owner or operator has submitted a hazardous materials management plan and
hazardous materials inventory statement. See Sections 8001.3.2 and 8001.3.3.
Individual containers, cartons or packages shall be conspicuously marked or labeled in
accordance with nationally recognized standards.
Hazardous materials shall be identified, at a minimum, with legible, readily visible labels in
contrasting colors that clearly identify the material by generic chemical name(s), percentage
concentration(s), and hazard class(es). Such labels shall be legible from a relatively safe distance
dependent upon volume and use.
Rooms or cabinets containing compressed gases shall be conspicuously labeled COMPRESSED
GAS.
Signs shall not be obscured or removed.
Signs shall be in English as a primary language or in symbols allowed by this code.
Signs shall be durable.
The size, color and lettering shall be in accordance with nationally recognized standards.
16.40.490 Ventilation Ducting Labeling
Section 8001.7.1 is added to read as follows:
8001.7.1 Ventilation ducting. 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.
16.40.500 Piping and Tubing Labeling
Section 8001.7.2 is added to read as follows:
8001.7.2 "H" occupancies. In "H" occupancies, all piping and tubing may be required to be
identified when there is any possibility of confusion with hazardous materials transport tubing or
piping. Flow direction indicators are required.
16.40.510 Separation of Incompatible Materials
Section 8001.11.8 is amended to read as follows:
8001.11.8 Separation of incompatible materials. Incompatible materials in storage and storage
of materials incompatible with materials in use shall be separated Separation shall be
accomplished by:
1. Segregating incompatible materials storage by a distance of not less than 20 feet (6096 mm),
2. Isolating incompatible materials storage by a noncombustible 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
8001.3.2), 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 stored within the same cabinet or exhausted
enclosure.
16.40.520 Monitoring of Hazardous Materials
Section 8001.11.10 is added to read as follows:
8001.11.10 Monitoring. Monitoring of storage/use systems of liquid and solid hazardous
materials shall be provided on a regular or continuous basis. The monitoring system and its
frequency shall be included in the Business Plan if otherwise required or shall be in writing for
approval by the Chief. Monitoring methods may include but are not limited to the following;
1. Visual inspection, no less than monthly.
2. Continuous leak detection and alarm system.
3. Any system which will provide continuous, reliable monitoring of the primary container(s)
capable of alerting occupants to an alarm or trouble condition; all systems are subject to approval
by the Chief.
16.40.530 Secondary Containment Requirements
Section 8001.11.11 is added to read as follows:
8001.11.11 Secondary containment requirements. A 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 degradatlon 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.
16.40.540 Storage/Use System Closure
Section 8001.13 is amended to read as follows:
8001.13 Facility and Storage/Use System Closure.
16.40.550 Temporarily Out-of-Service Facilities
Section 8001.13.1 is amended to read as follows:
8001.13.1 Temporarily out-of-service facilities and storage/use systems. Facilities which are
temporarily out of service shall continue to maintain a permit and be monitored and inspected.
16.40.560 Temporarily Out-of-Service Facilities
Section 8001.13.2 is amended to read as follows:
8001.13.2 Permanently out-of-service facilities and storage/use systems. Facilities for which
a permit is not kept current or is not monitored and inspected on a regular basis shall be deemed
to be permanently out of service and shall be closed in accordance with Section 8001.13.3.
16.40.570 Storage Termination Plan
Section 8001.13.3 is amended to read as follows:
8001.13.3 Plan. The permit holder or applicant shall submit a plan to the fire department to
terminate storage, dispensing, handling or use of hazardous materials at least 30 days prior to
facility or storage/use system closure. The plan shall demonstrate that hazardous materials,
which were stored, dispensed, handled or used in the facility, have been transported, disposed of
or reused in a manner that eliminates the need for further maintenance and any threat to public
health and safety. Such plan shall be submitted in accordance with Section 8001.3.1.
16.40.580 Highly Toxic Gases
Section 8001.16.5 is added to read as follows:
8001.16.5 Highly Toxic Gases.
16.40.590 Highly Toxic Gas Storage Indoors
Section 8001.16.5.1 is added to read as follows:
8001.16.5.1 Indoor storage. Indoor storage of any amount of highly toxic gases shall be in
accordance with Sections 8001.1 - 8001.15, 8001.16.5, 8001.16.6, 8001.16.7, 8003.3.1, and
8003.3.3.
16.40.600 Highly Toxic Gas Storage Outdoors
Section 8001.16.5.2 is added to read as follows:
8001.16.5.2 Outdoor storage. Outdoor storage of any amount of highly toxic gases in shall be in
accordance with Sections 8001.1 - 8001.15, 8001.16.5, 8001.16.6, 8001.16.7, 8003.3.2, and
8003.3.3.
16.40.610 Highly Toxic Gas Use and Handling
Section 8001.16.5.3 is added to read as follows:
8001.16.5.3 Indoor use and handling. Indoor use and handling of any amount of highly toxic
gases shall be in accordance with Sections 8001.1 - 8001.15, 8001.16.5, 8001.16.6, 8001.16.7,
8004.1, 8004.2.3.7.1 -8004.2.3.7.6, and 8004.4.3.
16.40.620 Highly Toxic Gas Shut-Off Valves
Section 8001.16.5.3.1 is added to read as follows:
8001.16.5.3.1 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 higtdy toxic gases for any of the following:
1. Activation of a fire alarm system.
2. Activation of the gas detection system.
3. Failure of emergency power.
4. Failure of primary containment.
6. Seismic activity.
7. Failure of required exhaust flow ventilation.
16.40.630 Highly Toxic Gas Emergency Control Station Signals
Section 8001.16.5.3.2 is added to read as follows:
8001.16.5.3.2 Emergency control station. Signals from emergency equipment used for highly
toxic gases shall be transmitted to an emergency control station which is continually staffed by
trained personnel.
16.40.640 Highly Toxic Gas - Outdoor Use
Section 8001.16.5.4 is added to read as follows:
8001.16.5.4 Outdoor use. Outdoor use of any amount of highly toxic gases shall be in
accordance with Sections 8001.1 - 8001.15, 8001.16.5, 8001.16.6, 8001.16.7, 8004.1, and
8004.3.5
16.40.650 Toxic and Highly Toxic Gases
Section 8001.16.6 is added to read as follows:
8001.16.6 Toxic Gases Including Highly Toxic Gases.
16.40.670 Toxic Gases - Indoor Storage
Section 8001.16.6.1 is added to read as follows:
8001.16.6.1 Indoor storage. Indoor storage of toxic gases in quantities exceeding 10 cu. fi. per
control area shall be in accordance with Sections 8001.1 - 8001.15, 8001.16.6, 8001.16.7,
8003.3.1, and 8003.3.3.
16.40.680 Toxic Gases - Outdoor Storage
Section 8001.16.6.2 is added to read as follows:
8001.16.6.2 Outdoor storage. Outdoor storage of toxic gases in mounts exceeding 10 cu. ft.
per outdoor control area shall be in accordance with Sections 8001.1 - 8001.15, 8001.16.6,
8001.16.7, 8003.3.2, and 8003.3.3.
16.40.690 Toxic Gases - Indoor Use and Handling
Section 8001.16.6.3 is added to read as follows:
8001.16.6.3 Indoor use and handling. Indoor use and handling of toxic gases in mounts
exceeding 10 cu. ft. per control area shall be in accordance with Sections 8001.1 - 8001.15,
8001.16.6, 8001.16.7, 8004.1, 8004.2.3.7.1 - 8004.2.3.7.6, and 8004.4.3.
16.40.700 Toxic Gases - Seismic Shut-OffValve
Section 8001.16.6.3.1 is added to read as follows:
8001.16.6.3.1 Seismic shutoff valve. An automatic valve, which is of a fall safe to close design,
shall be provided to shutoff the supply of gases.
16.40.710 Toxic Gases - Outdoor Use
Section 8001.16.6.4 is added to read as follows:
8001.16.6.4 Outdoor use. Outdoor use of toxic gases in amounts exceeding 10 cu. ft. per
outdoor control area shall be in accordance with Sections 8001.1 - 8001.15, 8001.16.6,
8001.16.7, 8004.1, and 8004.3.5.
16.40.720 Toxic Gases - Maximum Threshold Quantity
Section 8001.16.6.5 is added to read as follows:
8001.16.6.5 Maximum threshold quantity. Toxic gases stored or used in quantities exceeding
500,000 cu. ft. in a single vessel per control area or outdoor control area shall comply with the
additional requirements for highly toxic gases of Section 8001.16.5 of this code.
16.40.730 Moderately Toxic Gases
Section 8001.16.6.7 is added to read as follows:
8001.16.7 Moderately Toxic Gases Including Those Used as Refrigerants, Toxic Gases
and Highly Toxic Gases.
16.40.740 Moderately Toxic Gases - Indoor Storage
Section 8001.16.7.1 is added to read as follows:
8001.16.7.1 Indoor storage. Indoor storage of moderately toxic gases in excess of 20 cu. ft. per
area shall be bounded by a one-hour fire-resistive occupancy separation and shall be in
accordance with Sections 8001.1 - 8001.15, 8001.16.7, 8003.3.1.2, 8003.3.1.3, and 8003.3.3.
16.40.750 Moderately Toxic Gases - Cylinder Leak Testing
Section 8001.16.7.1.1 is added to read as follows:
8001.16.7.1.1 Cylinder leak testing. Cylinders shall be tested 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 action shall be immediately undertaken when leaks are detected.
16.40.760 Moderately Toxic Gases - Cylinder Leak Testing
Section 8001.16.7.2 is added to read as follows:
8001.16.7.2 Outdoor storage. Outdoor storage of moderately toxic gases in excess of 20 cu. ft.
per outdoor area shall be in accordance with Sections 8001.1 - 8001.15,8001.16.7, 8003.3.2, and
8003.3.3.
16.40.770 Moderately Toxic Gases - Indoor Use
Section 8001.16.7.3 is added to read as follows:
8001.16.7.3 Indoor use. Indoor use and handling of moderately toxic gases in excess of 20 cu.
ft. per area shall be bounded by a one-hour fire-resistive occupancy separation and shall be in
accordance with Sections 8001.1 - 8001.15, 8001.16.7, 8004.1, and 8004.2.3.7.1 - 8004.2.3.7.5.
16.40.780 Moderately Toxic Gases - Purge System
Section 8001.16.7.3.1 is added to read as follows:
8001.16.7.3.1 Inert gas purge system. Gas systems shall be provided with dedicated inert gas
purge systems. A dedicated inert gas purge system may be used to purge more than one gas,
provided the gases are compatible. Purge gas systems shall be located in an approved gas cabinet
unless the system operates by vacuum demand or a check valve is supplied for the piping within
the gas cabinet.
16.40.790 Moderately Toxic Gases - Outdoor Use
Section 8001.16.7.4 is added to read as follows:
8001.16.7.4 Outdoor use. Outdoor use of moderately toxic gases in excess of 20 cu. ft. per
outdoor area shall be in accordance with Sections 8001.1 - 8001.15,8001.16.7, and 8004.3.5.
16.40.800 Moderately Toxic Gases - Compliance with Toxic Gas Requirements
Section 8001.16.7.5 is added to read as follows:
8001.16.7.5 Moderately toxic gases with a LC50 equal to or less than 3000 parts per million.
Notwithstanding the hazard class definition in Section 214-M, moderately toxic gases with an
LC50 less than 3000 parts per million shall additionally comply with the requirements for toxic
gases in Section 8001.16.6 of this code.
16.40.810 Moderately Toxic Gases - Maximum Threshold Quantity
Section 8001.16.7.6 is added to read as follows:
8001.16.7.6 Maximum threshold quantity. Moderately toxic gases stored or used in quantities
exceeding 500, 000 cu. ft. in a single vessel in an indoor or outdoor use area shall comply with
the additional requirements for toxic gases of Section 8001.16.6 of this code.
Moderately toxic gases stored or used in quantities exceeding 1,000,000 cu. ft. in a single vessel
per area bounded by no less than a one-hour fire resistive occupancy separation or outdoor use
area shall also comply with the additional requirements for highly toxic gases of Sections
8001.4.3.3, 8001.16.5, and 8001.16.6 of this code.
16.40.820 Fire Protection for Workstations and Exhaust Ducts
Section 8001.17 is added to read as follows:
8001.17 Fire Protection for Workstations and Exhaust Ducts
16.40.830 Fire Protection for Workstations
Section 8001.17.1 is added to read as follows:
8001.17.1 Fire Protection Systems for Workstations. When the building is protected by an
automatic fire protection system, an approved fire protection system shall be provided for all
workstations where hazardous materials are dispensed, stored or used. An automatic fire
sprinkler head shall be installed within each branch exhaust connection or within individual
plenums of workstations of combustible construction. The automatic fire sprinkler system head
in the exhaust connection or plenum shall be located not more than 2 feet (610 mm) from the
point of the duct connection or the connection to the plenum. When necessary to prevent
corrosion, the automatic fire sprinkler head and connecting piping in the duct shall be coated
with approved or listed corrosion-resistant materials. The automatic fire sprinkler system head
shall be accessible for periodic inspection.
EXCEPTIONS: 1. Approved alternate automatic fire-extinguishing
systems are allowed. Activation of such systems shall deactivate the
related processing equipment.
2. Process equipment, which operates at temperatures exceeding
932 degrees F (500 degrees C) and which is provided with automatic shutdown capabilities for
hazardous materials.
3. Exhaust ducts less than 10 inches (254 mm) in diameter.
16.40.840 Hazardous Materials - Storage In Excess of Exempt Amounts
Section 8003.1.1 is amended to read as follows:
8003.1.1 Applicability. Storage of hazardous materials where the aggregate quantity is in excess
of the exempt amounts set forth in Section 8001.15 shall be in accordance with Sections 8001
and 8003.
Storage of hazardous materials where the aggregate quantity does not exceed the exempt
amounts set forth in Section 8001.15 shall be in accordance with Section 8001. For highly toxic,
toxic, and moderately gases, see also Sections 8001.16 and 8003.3.
For display and storage in retail and wholesale sales occupancies, see Section 8001.14.
16.40.850 Hazardous Materials - Spill Control for Liquids
Section 8003.1.3.2 is amended to read as follows:
8003.1.3.2 Spill control for hazardous materials liquids. Rooms, buildings or areas used for
the storage of hazardous materials liquids shall be provided with spill control to prevent the flow
of liquids to adjoining areas. Floors in indoor locations and similar surfaces in outdoor locations
shall be constructed to contain a spill from the largest single vessel by one of the following
methods:
1. Liquid-tight sloped or recessed floors in indoor locations or similar areas in outdoor locations,
2. Liquid-tight floors in indoor locations or similar areas in outdoor locations provided with
liquid-tight raised or recessed sills or dikes, or
3. Sumps and collection systems.
Except for surfacing, the floors, sills, dikes, sumps and collection systems shall be constructed of
noncombustible material, and the liquid-tight seal shall be compatible with the material stored.
When liquid-tight sills or dikes am provided, they are not required at perimeter openings, which
are provided with an open-grate trench across the opening that connects to an approved
collection system.
16.40.860 Hazardous Materials - Secondary Containment for Liquids and Solids
Section 8003.1.3.3 is amended to read as follows:
8003.1.3.3 Secondary containment for hazardous materials liquids and solids. Buildings,
rooms or areas used for the storage of hazardous materials liquids or solids shall be provided
with secondary containment in accordance with this section.
The building, room or area shall contain or drain the hazardous materials and fire-protection
water through the use of one of the following methods:
1. Liquid-tight sloped or recessed floors in indoor locations or similar areas in outdoor locations,
2. Liquid-tight floors in indoor locations or similar areas in outdoor locations provided with
liquid-tight raised or recessed sills or dikes,
3. Sumps and collection systems, or
4. Drainage systems leading to an approved location.
Incompatible materials shall be separated from each other in the secondary containment system.
Secondary containment for indoor storage areas shall be designed to contain a spill from the
largest vessel plus the design flow volume of tim-protection water calculated to discharge from
the fire-extinguishing system over the minimum required system design area or area of the room
or area in which the storage is located, whichever is smaller, for a period of 20 minutes.
Secondary containment for outdoor storage areas shall be designed to contain a spill from the
largest individual vessel. If the area is open to rainfall, secondary containment shall be designed
to include the volume of a 24-hour rainfall as determined by a 25-year storm and provisions shall
be made to drain accumulations of groundwater and rainwater.
A monitoring method shall be provided to detect hazardous materials in the secondary
containment system. The monitoring method is allowed to be visual inspection of the primary or
secondary containment, or other approved means. Where secondary containment is subject to the
intrusion of water, a monitoring method for detecting water shall be provided. When monitoring
devices are provided, they shall be connected to distinct visual or audible alarms.
Drainage systems shall be in accordance with the Plumbing Code and the following:
1. The slope of floors in indoor locations or similar areas in outdoor locations to drains shall not
be less than 1 percent,
2. Drains from indoor storage areas shall be sized to carry the volume of the fire-protection water
as determined by the design density discharged from the automatic fire-extinguishing system
over the minimum required system design area or area of the room or area in which the storage is
located, whichever is smaller,
3. Drains from outdoor storage areas shall be sized to carry the volume of the fire flow and the
volume of a 24-hour rainfall as determined by a 25-year storm,
4. Materials of construction for drainage systems shall be compatible with the materials stored,
5. Incompatible materials shall be separated from each other in the drainage system, and
6. Drains shall terminate in an approved location away from buildings, valves, means of egress,
fire access roadways, adjoining property and storm drains.
16.40.870 TABLE 8003.1-A - REQUIRED SECONDARY
HAZARDOUS MATERIALS SOLIDS AND LIQUIDS STORAGE
Table 8003.1-A is amended to read as follows:
CONTAINMENT
Table 8003.1-A is deleted
16.40.880 Toxic and Highly Toxic Compressed Gases - Indoor Storage
Section 8003.3.1.1 is amended to read as follows:
8003.3.1.1 General. Indoor storage of toxic gases exceeding 10 cu. t~. per control area and any
amount of highly toxic compressed gases shall be in accordance with Sections 8001.16.5,
8001.16.6, 8001.16.7, 8003.3.1 and 8003.3.3.
Indoor storage of moderately toxic gases in excess of 20 cu. ft. per area bounded by no less than
a one-hour fire-resistive occupancy separation shall be in accordance with Sections 8001.16.7,
8003.3.1.2, 8003.3.1.3, and 8003.3.3.
Indoor storage of toxic and highly toxic compressed gases in amounts exceeding the exempt
amounts set forth in Section 8001.15 shall be in accordance with Sections 8001.16.5, 8001.16.6,
8001.16.7, 8003.1, 8003.3.1 and 8003.3.3.
16.40.890 Toxic and Highly Toxic Compressed Gases - Treatment Systems
Section 8003.3.1.3.5.1 is amended to read as follows:
8003.3.1.3.5.1 General. Treatment systems shall be utilized to handle the accidental release of
gas. Treatment systems shall be utilized to process all exhaust ventilation to be discharged from
gas cabinets, exhausted enclosures and gas rooms.
16.40.900 Toxic and Highly Toxic Compressed Gases - Outdoor Storage
Section 8003.3.2.1 is amended to read as follows:
8003.3.2.1 General. Outdoor storage of toxic gases exceeding 10 cu. ft. per control area and any
amount of highly toxic compressed gases shall be in accordance with Sections 8001.16.5,
8001.16.6, 8001.16.7, 8003.3.2, and 8003.3.3.
Outdoor storage of moderately toxic gases in excess of 20 cu. ft. per outdoor area shall be in
accordance with Sections 8001.1 - 8001.15,8001.16.7, 8003.3.2 and 8003.3.3.
Outdoor storage of highly toxic or toxic compressed gases in amounts exceeding the exempt
amounts set forth in Section 8001.15 shall be in accordance with Sections 8001.16.5, 8001.16.6,
8001.16.7, 8003.1, 8003.3.2 and 8003.3.3.
16.40.910 Toxic and Highly Toxic Compressed Gases - Outdoor Storage Distances to
Exposures
Section 8003.3.2.2.1 is amended to read as follows:
8003.3.2.2.1 General. Outdoor storage of highly toxic or toxic compressed gases exceeding the
exempt amounts set forth in Section 8001.15 shall comply with the Building Code and Section
8003.3.2.2.
16.40.920 Hazardous Materials - Use Dispensing and Handling
Section 8004.1.1 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 amounts set forth in Section 8001.15 shall be in
accordance with Sections 8001 and 8004.
EXCEPTIONS: 1. For stationary lead-acid battery systems used for standby power, emergency
power or uninterrupted power supply, see Article 64.
2. Application of pesticide products registered with the United States Environmental Protection
Agency.
Use, dispensing and handling of hazardous materials where the aggregate quantity does not
exceed the exempt amounts set forth in Section 8001.15 shall be in accordance with Sections
8001.
Use, dispensing and handling of toxic gases exceeding 10 cu. ft. per control area and any amount
of highly toxic compressed gases shall additionally be in accordance with sections 8004.1.6,
8004.1.7, 8004.1.8, 8004.1.10, 8004.1.11, 8004.2.3.7.1 - 8004.2.3.7.6, 8004.3.5 and 8004.4.3
except as other wise noted.
Use, dispensing and handling of moderately toxic gases exceeding 20 cu. ft. per area bounded by
no less than a one-hour fire-resistive occupancy separation or 20 cu. ft. per outdoor area gases
shall additionally be in accordance with sections 8004.1.8, 8004.10, and 8004.2.3.7.1 -
8004.2.3.7.5 and 8004.3.5, except as otherwise noted.
For highly toxic, toxic, moderately toxic, flammable, oxidizing and pyrophoric gases, see also
Section 8001.16.
For requirements pertaining to oxidizing cryogenic fluids, see UFC Standard 80-2. For
requirements pertaining to flammable cryogenic fluids, see UFC Standard 80-3. For
requirements pertaining to inert cryogenic fluids, see UFC Standard 80-4.
16.40.930 Hazardous Materials Liquids Indoor Dispensing and Use In Open Systems -
Spill Control
Section 8004.2.2.5.1 is amended to read as follows:
8004.2.2.5.1 Spill control for hazardous materials liquids. Buildings, rooms or areas where
hazardous materials liquids are dispensed into vessels or used in open systems shall be provided
with spill control in accordance with Section 8003.1.3.2.
16.40.940 Hazardous Materials Liquids Indoor Dispensing and Use In Open Systems -
Secondary Containment
Section 8004.2.2.5.2 is amended to read as follows:
8004.2.2.5.2 Secondary containment for hazardous materials liquids. Buildings, rooms or
areas where hazardous materials liquids are dispensed or used in open systems shall be provided
with secondary containment in accordance with Section 8003.1.3.3.
16.40.950 Hazardous Materials Liquids Indoor Dispensing and Use - Spill Control
Section 8004.2.3.6.1 is amended to read as follows:
8004.2.3.6.1 Spill control for hazardous materials liquids. Buildings, rooms or areas where
hazardous materials liquids are used shall be provided with spill control in accordance with
Section 8003.1.3.2.
16.40.960 Hazardous Materials Liquids Indoor
Containment
Section 8004.2.3.6.2 is amended to read as follows:
Dispensing and Use - Secondary
8004.2.3.6.2 Secondary containment for hazardous materials liquids. Buildings, rooms or
areas where hazardous materials liquids are used in vessels or systems shall be provided with
secondary containment in accordance with Section 8003.1.3.3.
16.40.970 Hazardous Materials Outdoor Dispensing and Use - Quantities Not Exceeding
Exempt Amounts
Section 8004.3.1.2 is amended to read as follows:
8004.3.1.2 Quantities not exceeding exempt amounts. Outdoor dispensing or use of hazardous
materials where the aggregate quantity does not exceed the exempt amounts specified in Tables
8001.15-C and 8001.15-D are not required to be in accordance with Section 8004 except as
provided in Section 8004.3.
Outdoor dispensing or use of moderately toxic gases exceeding 20 cu. ft. per omdoor area, toxic
gases exceeding 10 cu. ft. per control area and any amount of highly toxic compressed gases
shall be in accordance with Sections 8001.16.5, 8001.16.6, 8001.16.7, and 8004.3.5 except as
other,vise noted.
16.40.980 Hazardous Materials Liquids Outdoor Dispensing and Use - Spill Control for
Open Systems
Section 8004.3.3.1.1 is amended to read as follows:
8004.3.3.1.1 Spill control for hazardous materials liquids. Outdoor areas where hazardous
materials liquids are dispensed or used in open systems shall be provided with spill control in
accordance with Section 8003.1.3.2.
16.40.990 Hazardous Materials Liquids Outdoor Dispensing
Containment for Open Systems
Section 8004.3.3.1.2 is amended to read as follows:
and Use - Secondary
8004.3.3.1.2 Secondary containment for hazardous materials liquids. Outdoor areas where
hazardous materials liquids are dispensed or used in open systems shall be provided with
secondary containment in accordance with Section 8003.1.3.3.
16.40.1000 Hazardous Materials Liquids Outdoor Dispensing and Use - Spill Control for
Closed Systems
Section 8004.3.3.2.1 is amended to read as follows:
8004.3.3.2.1 Spill control for hazardous materials liquids. Outdoor areas where hazardous
materials liquids are used in closed systems shall be provided with spill control in accordance
with Section 8003.1.3.2.
16.40.1010 Hazardous Materials Liquids Outdoor Dispensing and Use - Secondary
Containment for Closed Systems
Section 8004.3.3.2.2 is amended to read as follows:
8004.3.3.2.2 Secondary containment for hazardous materials liquids. Outdoor areas where
hazardous materials liquids are dispensed or used in closed systems shall be provided with
secondary containment in accordance with Section 8003.1.3.3.
16.40.1020 Special Requirements for Moderately
Compressed Gases
Section 8004.3.5 is amended to read as follows:
Toxic, Toxic
and Highly Toxic
8004.3.5 Special requirements for moderately toxic, toxic and highly compressed gases.
16.40.1030 Special Requirements for Moderately
Compressed Gases - Treatment systems
Section 8004.3.5.4 is amended to read as follows:
Toxic, Toxic and Highly Toxic
8004.3.5.4 Treatment systems. Treatment systems shall be provided in accordance with
Section 8003.3.1.3.5.
EXCEPTION: Moderately toxic, toxic, and highly toxic gases where the aggregate quantity
does not exceed the exempt amounts set forth in Tables 8001-I 5C and 8001-15D.
16.40.1040 Hazardous Materials Handling
Section 8004.4.3 is amended to read as follows:
8004.4.3 Emergency alarm. When hazardous materials having a hazard ranking of 3 or 4 in
accordance with UFC Standard 79-3, toxic gases exceeding 10 cu. ft. per control area and any
amount of highly toxic compressed gases are transported through corridors or exit enclosures,
there shall be an emergency telephone system, a local manual alarm station or an approved
alarm-initiating device at not more than 150-foot (45 720 mm) intervals and at each exit and exit-
access doorway throughout the transport route. The signal shall be relayed to an approved
central, proprietary or remote station service or constantly attended on-site location and shall also
initiate a local audible alarm.
16.40.1050 TABLE 8004.2-A - REQUIRED SECONDARY
HAZARDOUS MATERIALS SOLIDS AND LIQUIDS USE
Table 8004.2-A is amended to read as follows:
Table 8004.2-A is deleted
CONTAINMENT
16.40.420 Liquefied Petroleum Gases-Permits And Plans
Section 8202.1, third paragraph, is amended to read as follows:
8202.1 Permits and plans.
Where a single container is equal to or greater than 125 gallons water capacity or the aggregate
capacity of containers is 250 gallon water capacity or greater, the installer shall submit plans for
such installations.
16.40.1060 Fire Protection Plan Urban-Wildland Interface (UWI) Areas
Article 86 is amended to read as follows:
Article 86 is deleted
16.40.1070 Fire Hydrant Locations And Distribution
Section 5 of Appendix III-B 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.
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-III-B-1.
16.40.1080 Suppression And Control Of Hazardous Fire Areas
Section 16.3 is added to Appendix II-A 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 which will not form a means of
rapidly transmitting fire shall be planted in such a manner so as to reduce the possibility o£
erosion.
STATE OF CALIFORNIA )
COUNTY OF SANTA CLARA )
CITY OF CUPERTINO )
I, KIMBERLY SMITH, City Clerk and ex-officio Clerk of the City
Council of the City of Cupertino, California, do hereby certify the attached
to be a tree and correct copy of Ordinance No.1911, which was enacted on
November 18, 2002, and that it has been published or posted pursuant to law
(G.C. 40806).
IN WITNESS WHEREOF, I have hereunto set my hand and seal this
204 day of November, 2002.
KIMBERLY SMI~,, City Clerk and Ex-officio Clerk
of the City Councff of the City of Cupertino, California
ordinance ce~ificate