HomeMy WebLinkAbout331 114
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ORDINANCE NO. 331
AN ORDINANCE AMENDING CHAPTER 8 ENTITLED "FIRE
PREVENTION CODE: OF TITLE 8 OF THE LOS ALTOS HILLS
MUNICIPAL CODE TO ADOPT BY REFERENCE THE 1988
EDITION OF THE UNIFORM FIRE CODE, INCLUDING
CERTAIN APPENDICES AND AMENDMENTS THERETO
The City Council of the Town of Los Altos Hills DOES ORDAIN as follows:
SECTION 1. AMENDMENT OF CODE.
Chapter 8 entitled "Fire Code" of Title 8 of the Los Altos Hills Municipal
Code hereby is amended to read as follows:
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CHAPTER 8. FIRE CODE.
SECTION 8-8.01. ADOPTION OF UNIFORM FIRE CODE, 1988 EDITION.
The Code of rules, regulations and standards printed in one volume
and published by the International Conference of Building Officials and the
Western Fire Chiefs Association under the title "Uniform Fire Code, 1988
Edition," including Appendix Chapters I through VI, inclusive, thereto,
hereinafter collectively called the "Fire Code," prescribing regulations
governing conditions hazardous to life and property from fire or explosion,
and governing the maintenance of buildings and premises and safeguarding
life, health, property and public welfare by regulating the storage, use, and
handling of dangerous and hazardous materials, substances and processes,
and by regulating the maintenance of adequate egress facilities in the Town
of Los Altos Hills and providing for the issuance of permits and the collection
of fees therefor, defining terms, providing penalties for its violation, and
repealing conflicting Ordinances, printed in book form and filed in the Office
of the City Clerk of the Town of Los Altos Hills on February 22 , 1990, IS
HEREBY ADOPTED, and by reference incorporated herein as if fully set forth,
except as hereinafter otherwise provided, as the Fire Code of the Town of Los
Altos Hills and as for the rules, regulations, and standards within this City, as
to all matters therein contained, except as herein otherwise provided and
subject, however, to the amendments, additions, and deletions set forth in
this Chapter. The mandatory requirements of the adopted appendices to the
Fire Code shall be enforceable to the same extent as if contained in the body
of the Fire Code. One copy of the Fire Code shall, at all times, be kept on file
in the Office of the City Clerk.
SECTION 8-8.02. DEFINITIONS.
(a) Whenever the term "Administrator" is used or appears in
the Fire Code, such term shall be deemed and construed to
mean the City Manager of the Town of Los Altos Hills or his
or her designated representative.
(b) Whenever the terms "Chief" or "Fire Chief" are used or
appear in the Fire Code, such term shall be deemed and
construed to mean the Fire Chief of the Los Altos County
Fire Protection District, or his designated representative.
(c) Whenever the term "Fire Department" is used or appears in
the Fire Code, such term shall be deemed and construed to
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mean the Fire Department of the Los Altos County Fire
Protection District.
(d) Whenever the term "Chief of Police" is used or appears in
the Fire Code, such term shall be deemed and construed to
mean the Sheriff of the County of Santa Clara with whom
the Town contracts for Police services, or his designated
representative.
(e) Whenever the term "Police Department" is used or appears
in the Fire Code, such term shall be deemed and construed
to mean the Sheriff's Department of the County of Santa
Clara with whom the Town contracts for Police service.
(f) Whenever the word "jurisdiction" is used or appears in the
Fire Code such term shall be deemed and construed to
mean the Town of Los Altos Hills.
(g) Whenever the term "Corporation Counsel" is used or
appears in the Fire Code such term shall be deemed and
construed to mean the City Attorney for the Town.
SECTION 8-8.03. AMENDMENT OF SECTION 2.104.
Section 2.104 of the Fire Code is hereby amended to read as follows:
Section 2.104. Fire Prevention Engineer or Fire Marshall.
The Chief of the Los Altos County Fire Protection District may
designate a member of the fire division of the Los Altos County Fire
Protection District to exercise the powers and perform the duties of
Fire Prevention Engineer as set forth in this Code.
SECTION 8-8.04. DELETION OF SECTION 2.303.
There is hereby deleted from the Fire Code Section 2,303, and
wherever the term "Board of Appeals" is used or appears in the Fire Code
such term shall be deemed and construed to mean the City Council of the
Town of Los Altos Hills.
SECTION 8-8.05. AMENDMENT OF SECTION 2.304.
Section 2.304 of the Fire Code is hereby amended by adding thereto
Subsection (b) to read as follows:
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Section 2.304(b) National Fire Protection Association Standards.
All National Fire Protection Association Standards referenced in
this Fire Code are those contained in the most current Edition of the
National Fire Protection Association Standards published by the
National Fire Protection Association.
SECTION 8-8.06. AMENDMENT OF SECTION 4.104.
Section 4.104 of the Fire Code hereby is amended by adding thereto
the following:
Section 4.104. Inspection Required.
No portion of any equipment intended to be covered by earth or
by enclosure within permanent portions of a building or structure
shall be enclosed until inspected and approved.
An inspection shall be requested prior to covering or enclosing
of any such equipment. Such request shall be made not less than 24
hours prior to the estimated time of inspection, and in no case later
than 4:00 p.m. on the last working day prior to the requested date of
inspection. Such installation shall not be covered until after it has
been inspected and signed by an authorized person.
SECTION 8-8.07. ADDITION OF SECTION 4.109.
A new Section, not otherwise provided for in the Fire Code, adopted by
reference and to be known as Section 4.109 of the Fire Code is hereby
provided, which Section shall read as follows:
Section 4.109. Permit Fees Set by Resolution.
The City Council shall, by Resolution, establish fees for issuance
of permits required by the Fire Code, and for checking and inspection
services required under the Fire Code.
SECTION 8-8.08. ADDITION OF SECTION 4.1010.
A new Section, not otherwise provided for in the Fire Code, adopted by
reference and to be known as Section 4.1010 of the Fire Code is hereby
provided, which Section shall read as follows:
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Section 4.1010. Authority to Require Exposure or to Stop Work.
Whenever any installation is covered or concealed without first
having been inspected, the Chief may require, by written notice, that
such work shall be exposed for inspection. The work of exposing and
recovering shall not entail any expense to the Town of Los Altos Hills.
Whenever any construction or installation work is being performed in
violation of the Plans and Specifications as approved by the Chief, a
written notice shall be issued to the responsible party to stop work on
that portion,of the work which is in violation. The notice shall state
the nature of the violation and no work shall be done on that portion
until the violation has been corrected.
SECTION 8-8.09. ADDITION OF SECTION 4.1012.
A new Section, not otherwise provided for in the Fire Code, adopted by
reference and to be known as Section 4.1012 of the Fire Code is hereby
provided, which Section shall read as follows:
Section 4.1012. Abatement of Hazard; Intent.
(a) If any person fails to comply with the order of the Fire
Department, or in the event the Fire Department is unable
to locate the responsible person within a reasonable time,
the Fire Department may take such steps to abate a fire
hazard or health 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 City, of the
owner of the premises or who, by his act or inaction,
caused the fire hazard. 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.
c) Intent.
It is the intent of this Section to provide a method of
hazard abatement on private property where no owner or
responsible person can be found and the hazard is of a
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nature requiring immediate action in order to protect the
public.
SECTION 8-8.10. DELETION OF APPENDIX VI-B9 VI-C, AND VI-D.
Appendix VI-C entitled "Model Citation Program," Appendix VI-D
entitled "Reference Tables From the Uniform Building Code," and Appendix
VI-E entitled "Unit Conversion Tables," and each of them hereby is deleted
from the Fire Code.
SECTION 8-8.11. REGULATION OF FACILITIES WHERE .MATERIAL
WHICH ARE OR MAY BECOME TOXIC GASES ARE FOUND.
The Fire Code hereby is amended by adding thereto Article 88 to read
as follows:
ARTICLE 88. REGULATION OF FACILITIES WHERE MATERIALS
WHICH ARE OR MAY BECOME TOXIC GASES ARE FOUND.
DIVISION I. GENERAL PROVISIONS.
Section 88.101. Application.
(a) This Article applies to all new and existing facilities where
regulated materials subject to this Article are present in
concentrations which exceed the Level of Concern as
determined in accordance with this Article.
(b) It is intended that this Article supplement, and be used in
conjunction with, other Sections of this Chapter and with
the Uniform Building Code, 1988 Edition.
(c) In the event of conflicting or overlapping regulatory
provisions within the Los Altos Hills Municipal Code, the
Fire Code and this Article, the more stringent requirement
shall prevail.
(d) In the event of conflicting or overlapping regulatory
provisions with a federal law or state law or regulation,
unless the application of this Article is expressly
preempted by an Act of Congress or enactment of the State
Legislature, the more stringent requirement shall be
deemed to apply.
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Section 88.102. Definitions.
(a) General.
Unless the context otherwise requires, the words and
phrases in this Article shall have the meanings set forth in
this Section and shall govern the construction of this
Article. For words and phrases not defined in this Chapter,
the definitions set forth in other Articles of the Fire Code
shall control.
(b) Limited Applications.
For the purpose of this Article, certain terms and words are
defined as follows:
1. "Controls" are a means to regulate materials so as to
prevent unauthorized discharges.
2. "Control Area" means a space within a building where
regulated materials may be stored, handled,
dispensed, or used. A control area is an area formed
by one or more of the following:
(i) An occupancy separation with a minimum one-
hour fire resistive rating, or
(ii) The exterior wall, roof, or foundation of the
building.
A maximum of four control areas shall be permitted
within a building except buildings or portions of
buildings used for retail sales, which shall have a
maximum of two control areas.
3. 'Equilibrium Vapor Concentration" ("EVC') means the
state of a regulated material at which vapor pressure
has stabilized and is no longer rising or falling. EVC
value of a regulated material determined by
multiplying vapor pressure ("VP") by 106, and
dividing by atmospheric pressure; as shown in the
following equation; mm Hg; atmospheric pressure is
assumed to be 760 mm at sea level.
EVC (ppm) = Vapor Pressure X 106
Atmospheric Pressure (760 mm Hg)
NOTE: Vapor pressure for materials with a boiling
point equal to or less than 25° C shall be 760 mm Hg;
materials with a boiling point greater than 25° C shall
use the actual vapor pressure for that material at
25°C. Atmospheric pressure is assumed to be 760 mm
at sea level.
4. "Facility" means any building, structure, installation,
equipment, pipe, container, site, area, appurtenant
structure, or surrounding land area where regulated
materials are stored, used, dispensed, handled, placed,
or otherwise have come to be located.
5. Fire Code means the Uniform Fire Code ("UFC"), as
adopted or modified by the Los Altos Hills Municipal
Code.
6. "Gas" means an aeriform fluid which is in a gaseous
state at normal temperature and pressure.
7. "Inert Construction Materials" means materials which
under reasonably foreseeable conditions will not
degrade or react upon contact with the regulated
materials to be contained.
8. "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 IDLH value
based on acute toxicity data of 0.001 LC50, 0.1 LCLO,
0.001 LD 0.01 LDL
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9. "Lethal Concentration" ("LC50") means the median
lethal concentration level, at which 50 percent of
appropriate test animals die when exposed by
inhalation for a scientifically appropriate specified
time period.
10. "Lethal Concentration Low" ("LCLO") means the lowest
concentration of a chemical at which some test
animals died following inhalation exposure.
11. "Lethal Dose Median" ("LD50") means the dose at
which 50 percent of test animals die following
exposure. The lethal dose is given in milligrams per
kilogram of body weight of the test animals.
12. "Lethal Dose Low" ("LDLO") means the lowest dose of a
chemical at which some test animals died following
exposure.
13. "Material Hazard Index" ("MHI") means a numeric
value used for ranking of chemical substances
(materials) in order to determine the level of control
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)
14. "Maximum Threshold Quantity" ("Max. T.Q.1 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 I O8
MHI
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15. "Minimum Threshold Quantity" ("Min. T.Q.") means the
aggregate quantity in a control area which, due to the
minimal aggregate quantities present, need only
comply with specific control requirements established
in Subsection 88.401(e) of this Article, and not with
the requirements for Class I, II, or III regulated
materials. Min T.Q. for mixtures shall be based on the
aggregate weight (in pounds) of the regulated
components.
For D.O.T. Poison A (those materials characterized by
the United States Department of Transportation
("D.O.T.") as Poison A): Min. T. Q. = 1 lb. or less.
For other regulated materials: Min T.Q. = 2 lbs. or
less.
Minimum threshold quantity controls are set forth in
Subsection 88.401 (e) of this Article.
16. "Persons" means an individual, trust, firm, joint stock
company, corporation, partnership, association, or
other business entity, city county, district, the state,
any department or agency thereof, or the United
States, to the extent authorized by law.
17. "Regulated Materials" means all materials, regardless
of form (i.e., liquid, solid, or gas) which meet the
criteria established by Subsection 88.201(b), below.
18. "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.
19. "Unauthorized Discharge" means releasing, spilling,
leaking, pumping, pouring, emitting, emptying,
injecting, escaping, leaching, dumping, or disposing a
regulated material into the environment, including
any sewer, storm drain, ditch, drainage canal, lake,
river, or tidal waterway, surface water, ground water,
land surface, sidewalk, street, or highway, subsurface
strata, or ambient air, except:
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(a) 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. S 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
(b) 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.
IDIVISION II. GENERAL. PROVISIONS
Section 88.201.
(a) General.
This Article governs the storage, dispensing, use, and
handling of regulated materials. To the extent that the
application of this Article to the registration and use of
pesticides is preempted by an express provision of an Act
of Congress or a statue adopted by the State Legislature,
this Article does not apply.
(b) Regulated Materials.
"Regulated Materials," including but not limited to, gases,
are those materials which meet the following criteria:
1. The material has an established Level of Concern
("LOC") as defined in this Article; and
2. The material meets either of the following criteria:
(i) It is shipped in compressed gas cylinders, and the
material is or becomes or acts as a gas upon
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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.
(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 he or
she has knowledge of an unauthorized discharge from or at
such facility, immediately notify the Fire Chief of such
discharge.
(d) Permits.
1. General.
No person shall store, dispense, use, or handle any
regulated material in excess of an exempt amount at a
facility unless a compliance plan has been submitted
to the Fire Chief and a permit for the facility has been
issued pursuant to this Article. The specific
requirements for obtaining a permit shall be
established by the Fire Chief in accordance with the
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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 March 21 , 1990. which is
not in compliance with the provisions of this Article
shall submit a compliance plan to the Fire Chief no
later than one (1) year after the date set forth above.
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 March.21 , 1990, shall cause their
facilities to be in full compliance with this Article not
later than three (3) years after the date set forth
above. The Fire Chief may extend this time period at
the request of a responsible person for a maximum of
two (2) additional years if the Fire Chief makes a
written determination that hardship, unique
circumstances, or other good cause exists for such
extension. The Fire Chief may charge a fee for
processing a request for extension, in accordance with
the Municipal Fee Schedule.
3. Persons responsible for a facility not lawfully in
existence or operating on March. 21 ,1990,
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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 30 days prior to
facility closure. The closure plan shall demonstrate to
the satisfaction of the Fire Chief that regulated
materials which are or have been stored, dispensed,
handled, or used in the facility will be transported,
disposed of, or reused in a manner consistent with
public health and safety. The Fire Chief may waive all
or part of the 30 day period upon a finding of good
cause.
(g) Seismic Protection.
Persons responsible for a facility with one or more
stationary tanks and piping systems used for regulated
materials shall cause such tanks and piping systems to be
seismically braced in accordance with the provisions of the
Uniform Building Code of the Los Altos Hills Municipal
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.
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(i) Breathing Apparatus.
1. In order to provide for immediate initial on-scene
response in the event of an unauthorized discharge
and to provide on-scene assistance to fire fighters and
other emergency response personnel, persons
responsible for any facility where Class I or corrosive
regulated materials are present shall provide a
minimum of two self-contained breathing apparatus.
When self-contained breathing apparatus would be
inadequate protection due to the nature of the gases
present, other appropriate protective equipment shall
be provided.
2. The breathing apparatus or other protective
equipment shall be suitable for use with the material
present and shall be in a conspicuously marked place
immediately near the area where the materials are
present in a location that provides safety for those
expected to don the apparatus.
3. A "location that provides safety" is one which is not
likely to be immediately affected by the release of a
regulated material.
(j) Incompatible Materials.
Responsible persons shall cause incompatible classes of
regulated materials to be separated, and shall cause
regulated materials to be separated from other
incompatible hazardous materials as listed in Table 51-
110-A of the Fire Code. Separation shall be maintained by
means of one-hour fire resistive construction, or by the use
of separate gas cabinets. For purposes of this Section, the
term "incompatible" shall mean those materials listed in
the above mentioned Table 51-110-A.
(k) Leak Testing.
Responsible persons shall cause containers of regulated
materials to be tested for leaks immediately upon delivery,
and again immediately prior to departure of such
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containers from facilities. Testingshall be approved b the
pp Y
Fire Chief in accordance with appropriate nationally
recognized industry standards and practices, if any.
Appropriate
remedial actions shall be immediately
undertaken when leaks are detected.
(1) Protective Plugs/Caps.
Responsible persons shall cause the protective plugs and
caps of regulated materials to be in place at all times
unless and until the materials are properly placed into use.
(m) Emergency Response Plans.
1. If the preparation of an emergency response plan for
the facility is not required by any other law,
responsible persons shall prepare, or cause to be
prepared, and filed with the Fire Chief, a written
emergency response plan.
2. If the preparation of an emergency response plan is
required by any other law, a responsible person shall
file a copy of the plan with the Fire Chief.
(n) Emergency Response Team.
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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.
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(o) Emergency Drills.
1. Responsible persons shall cause emergency drills on
each on-site emergency response team to be
conducted not less frequently than once every three
months.
2. Records of drills conducted shall be maintained at the
facility for three years and shall be made available for
inspection upon request by the Fire Chief.
(p) Annual Maintenance.
1. Responsible persons shall cause all safety control
systems at a facility to be tested not less frequently
than annually and maintained in good working
condition.
2. Maintenance and testing shall be performed by
persons qualified to perform the maintenance and
tests.
3. Maintenance records and certifications shall be
available to the Fire Chief upon inspection or request.
(q) Flow Limiting Orifices and Devices for D.O.T. Poison A.
Containers for those materials classified as D.O.T. Poison A,
regardless of the amount of D.O.T. Poison A, shall be
equipped with a flow restricting orifice, when available
from the supplier of the D.O.T. Poison A. If a flow
restricting orifice is not available, the container shall be
used with a flow limiting device.
(r) Fire Extinguishing Systems.
1. Except as hereinafter provided, responsible persons
shall cause all interior and exterior use areas and
interior storage areas and storage buildings to be
protected by automatic sprinkler systems.
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2. The design of the sprinkler systems shall be not less
than that required under Uniform Building Code
Standard No. 38-1 for Ordinary Hazard Group 3 with a
minimum design area of 3,000 square feet. Where the
materials or storage arrangement require a higher
level of sprinkler system protection in accordance
with nationally recognized standards, the higher level
of sprinkler system protection shall be provided.
3. If the chemical properties of the regulated materials
are such that the materials will be incompatible with
the use of a sprinkler system, the Fire Chief may
require alternative forms of fire protection.
.DIVISION III. CLASSIFICATION OF MATERIALS
Section 88.301.
(a) General.
Regulated materials regulated 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 materials.
(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
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thousand (10,000) shall be classified as a Class III
regulated material.
(e) Maximum Threshold Quantity ("Max. T.Q.").
Regulated materials which exceed their Max, T.Q. shall be
classified one level higher than otherwise determined by
the MHI (i.e., Class III to Class II, or Class II to Class I).
(f) Materials Not Exceeding Minimum Threshold Quantity
("Min. T.Q.").
Regulated materials which do not exceed the Min. T.Q. shall
satisfy only the specific requirements established in
Section 88.401, and shall not otherwise be required to
meet the requirements applicable to materials classified as
Class I, II, or III regulated materials.
(g) Exempt Amounts.
1. Except as provided in Subsection (2) of this Section,
material which would otherwise be regulated is
exempt from regulation under this Article if:
(i) The material has an MHI less than 4,900; or
(ii) The aggregate quantity of the material in a control
area does not exceed the Min. T.Q., and the
quantity of the material in a single vessel does not
exceed the amounts specified as follows:
D.O.T. Poison A 1/4 lb.
Other Regulated Materials 1 lb.
2. Notwithstanding the exemption in Subsection (1),
above, no Class I materials, regardless of the amount
thereof, is exempt from the provisions relating to
"flow limiting devices," set forth in Subsection
88.201(q) nor from the provisions relating to 'fire
extinguishing systems," set forth in Subsection
88.201W.
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DIVISION IV. SPECIFIC PROVISIONS
Section 88.401.
(a) General.
1. The specific provisions required by this Article shall
be in addition to those requirements specified in other
Articles of the Fire Code. The requirements for the
use or indoor storage of regulated materials shall be
cumulative as the hazard Class of regulated material
increases, in accordance with the following table.
HAZARD CLASSIFICATION AND CONTROLS
Hazard Classification Hazard Controls
Class I Includes Class I, Class II, Class III,
Minimum Threshold Quantity and
Exempt Amount Controls
Class II Includes Class II, Class III,
Minimum Threshold Quantity and
Exempt Amount Controls
Class III Includes Class III, Minimum
Threshold Quantity and
Exempt Amount Controls
Minimum Threshold Includes Minimum Threshold
Quantity Quantity and Exempt Amount
Controls
Exempt Amounts Other Applicable Statutes, Codes,
Ordinances
2. Exterior storage of regulated materials is covered by
Subsection (f) of this Section.
All control equipment for materials regulated b
3g Y this
Article shall meet appropriate nationally recognized
standards if any, approved by the Fire Chief.
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(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
IIS 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 of the Los
Altos Hills Municipal Code.
(ii) Secondary containment shall be provided for
piping for Class I materials. The secondary
containment shall be capable of directing a
sudden release into an approved discharge
treatment system, and shall be monitored
continually with a continuous gas monitoring
system approved by the Fire Chief. Secondary
containment includes, but is not limited to,
double walled piping.
2. Automatic Shut-Off.
An automatic shut-off valve which is of a "fail-safe to
close" design shall be provided. Each of the following
shall activate automatic shut-off:
(i) Gas detection.
(ii) Manually, from remote locations.
(iii) Failure of emergency power.
(iv) Seismic activity, upon a seismic event within 5
seconds of horizontal semisoidal oscillation
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having a peals acceleration of .3g (=2.94m/sec2)
and a period of .4 seconds.
(v) Failure of primary containment.
NO 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 non-ferrous piping
approved by the Fire Chief.
(iii) Where connections other than welded
connections meet appropriate nationally
recognized industry standards, if any, a person
responsible for a facility may seek an exception
from the Fire Chief, by filing a request for
exception with the Fire Chief, which shall
document the standards and reason for the
exception.
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r
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.
S. Gas Detection.
A continuous gas-detection system shall be provided
to detect theg
resence of as at or below the
p
permissible exposure limit. The detection system
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..... . ...............
shall initiate a local alarm and transmit a signal to a
continually staffed remote location to provide an
immediate response to an alarm. The alarm shall be
both visual and audible and shall be designed to
provide warning both inside and outside of the
storage, use, or handling area. The audible alarm shall
be distinct from all other on-site alarms.
6. Reduced Flow Valves.
Reduced flow valves may be utilized to reduce the
maximum flow rate from cylinders and tanks under
full flow conditions. Valve flow rates may be
considered in determining the size of treatment
systems required for a worst case release.
7. Seismic Shut-Off Valves.
A seismically activated valve meeting standards
approved by the Fire Chief shall be provided for
automatic shut off of regulated materials upon a
seismic event within 5 seconds of horizontal
semisoidal oscillation having a peak acceleration of .3g
(=2.49m/sec2) and a period of .4 seconds.
8. Class II Corrosives.
Inert construction materials shall be used for the
primary containment of Class II Regulated Materials
which are corrosives. Alternatively, secondary
containment shall be provided for Class II materials
which are corrosives.
9. Emergency Alarms.
When materials regulated by this Article are
transported through exit corridors or exit enclosures,
there shall be an emergency telephone system or a
local manual alarm station or a signaling device
approved by the Fire Chief at not more than 150-foot
intervals and at each exit doorway throughout the
transport route. The signal shall be relayed to an
approved central, proprietary or remote station
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0
service or a constantly attended on-site location and
shall also initiate a local audible alarm.
(d) Class III Controls.
i
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 above ground tanks shall be placarded
with hazard identification signs as specified in
Fire Code Standard No. 79-3, for the specific
material contained.
(ii) Signs prohibiting smoking shall be posted in
indoor storage, use, and handling areas and
within 25 feet of outdoor storage, use, and
handling areas.
(iii) Signs shall not be obscured or removed.
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(iv) Signs shall be in English and such other languages
may be appropriate, as determined by the Fire
Chief.
(v) Signs shall be durable.
NO The size, color, and lettering shall be in
conformance with nationally recognized
standards determined by the Fire Chief to be
applicable to the regulated material.
3. Inert Gas Purge System.
Gas systems for regulated materials shall be provided
with individually dedicated inert gas purge systems
(e.g., nitrogen, helium, argon, and neon).
(e) Minimum Threshold Quantity Controls.
Responsible persons shall cause materials which do not
exceed the Minimum Threshold Quantity to be provided
with the controls specified in this Subsection (e) and in
Subsection (f) of this Section.
1. Exhaust Ventilation.
(i) Storage of cylinders shall be within ventilated gas
cabinets, exhausted enclosures, or within a
ventilated separate gas storage room as defined
in the Fire Code.
(ii) Storage of portable and stationary tanks shall be
within a separate ventilated room without other
occupancy or use.
(iii) If gas cabinets are provided, the room or area in
which they are located shall have independent
exhaust ventilation.
(iv) Exhaust systems for gas cabinets, exhausted
enclosures, and separate gas storage rooms shall
be designed to handle the accidental release of
gas. Such exhaust systems shall be capable of
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diluting, adsorbing, absorbing, neutralizing,
burning or otherwise processing the entire
contents of the single tank or cylinder of gas
which presents the highest potential hazard.
(v) Systems utilized for such processing shall be
designed as a treatment system, as described in
Subsection (e) 3 of this Section. If a total
containment system is utilized, the system shall
be designed to handle the maximum anticipated
pressure of release to the system when the
system reaches equilibrium.
2. Gas Cabinets.
When gas cabinets are provided they shall be:
(i) Operated at negative pressure in relation to the
surrounding area.
(ii) Provided with self-closing limited access ports or
fire-rated windows to give access to equipment
controls. The average velocity of ventilation at
the face of access ports or windows shall be not
less than 200 feet per minute (fpm) with a
minimum of 150 fpm at any other point of the
access port or window.
(iii) Connected to a treatment system.
(iv) Provided with self-closing doors.
(v) Constructed of steel with a thickness not less than
12-gauge.
3. Treatment Systems.
(i) Treatment systems shall be utilized to process all
exhaust ventilation to be discharged from gas
cabinets, exhausted enclosures, or separate
storage rooms. Treatment systems shall be
designed to reduce the maximum allowable
discharge concentration of the gas to one-half
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IDLH at the point of discharge to the atmosphere
as specified in Subsections (e) 5 and 6 below.
(ii) When more than one gas may be emitted to the
treatment system, the treatment system shall be
designed to handle the worst case release based
on the release rate, the quantity and the IDLH for
all the gases stored or used.
4. Treatment System Sizing.
Treatment systems shall be sized to process the worst
case release of each gas based on the maximum flow
rate of release from the cylinder or tank utilized
which presents the highest potential hazard. The
entire contents of tanks and cylinders shall be
considered.
5. Stationary Tanks.
(i) Stationary tanks shall be labeled with the
maximum rate of release for the gas contained
based on any valves or fittings that are inserted
directly into the tank.
(ii) If multiple valves or fittings are provided, the
maximum flow rate of release for the valve or
fitting with the highest flow rate shall be
indicated. If liquefied gases are in contact with
any valve or fitting, the liquid flow rate shall be
utilized for purposes of computation of the
maximum flow rate of release. All flow rates
indicated on the label shall be converted to cubic
feet per minute of gas at normal temperature and
pressure.
6. Portable Tanks and Cylinders.
(i) For portable tanks and cylinders, the maximum
flow rate of release shall be calculated based on
assuming the total release from the cylinder or
tank within the time specified in the Table below:
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Nonliquefied Liquefied
Container (Minutes) (Minutes)
Cylinders 5 30
Portable Tanks 40 240
(ii) When portable tanks or cylinders are equipped
with approved reduced flow valves, the worst
case release will be determined by the maximum
achievable flow from the valve as determined by
the valve manufacturer or the gas supplier.
Reduced flow and excess flow valves shall be
permanently marked to indicate the maximum
design flow rate. Such markings shall indicate
the flow rate for air under standard conditions.
7. Gas Detection for D.O.T. Poison A.
A portable or fixed gas detection system capable of
monitoring at PEL for each regulated material
classified as a D.O.T. Poison A stored or used within
the facility shall be provided.
(f) Exterior Storage.
1. General.
Persons responsible for a facility where there is
exterior storage of any regulated material shall
comply with the provisions of this Subsection (f) and
of the Building Code of the Los Altos Hills Municipal
Code.
2. Distance Limitation to Exposures.
Exterior storage of regulated materials shall not be
within 75 feet of a building, structure, property line,
street, alley, public way, or exit to a public way unless
the storage is shielded by a structure which has a
minimum fire resistive rating of two hours and which
interrupts the line of sight between the storage and
the exposure. The shielding structure shall be at least
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five (5) feet from any exposure. The shielding
structure shall have not more than two sides which
shall be at approximately 90-degree directions.
3. Openings in Buildings Subject to Exposure.
When an exterior storage area is located within 75
feet of a building, openings into the building other
than piping shall not be above the height of the top of
the shielding structure referred to in Subsection (f) 2
of this Section or within 50 feet horizontally from the
storage area, whether or not protected by a shielding
structure.
4. Air Intakes.
No interior storage area for regulated materials shall
be within 75 feet of any air intake.
5. Canopies.
Portable tanks and cylinders stored outside of
buildings shall be stored under a canopy constructed
of noncombustible materials. Such exterior storage
shall not be considered indoor storage. An automatic
fire-sprinkler system, or alternative systems as
determined by the Fire Chief for materials
incompatible with water, shall be provided for
canopies installed for the storage of regulated
materials.
6. Stationary Tank Controls.
Controls on stationary tanks shall be in accordance
with the following:
(i) Pressure-relief devices shall be vented to a
treatment system designed in accordance with
the provisions of 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
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capture fumes and vapors. The exhaust shall be
directed to a treatment system designed in
accordance with the provisions of this Subsection
(e) 3 of this Section.
(iii) Stationary tanks shall be provided with a means
of excess flow control on all tank inlet or outlet
connections. Inlet connections that are designed
to preclude backflow and pressure-relief devices
are exempt from this requirement.
7. Gas Cabinets for Leaking Cylinders.
(i) At least one gas cabinet or exhausted enclosure
shall be provided for the handling of leaking
cylinders. The cabinet or enclosure shall be
within or adjacent to the exterior storage area
and connected to a treatment system as specified
in Subsection (e) 3 of this Section.
(ii) A gas cabinet or exhausted enclosure need not be
provided for leaking cylinders if all cylinders are
stored within gas cabinets or exhausted
enclosures.
8. Local Exhaust for Leaking Portable Tanks.
(i) A means of local exhaust shall be provided to
capture regulated material leaking from portable
tanks. The local exhaust may consist of portable
ducts or collection systems designed to be applied
to the site of a leak in a valve or fitting on the
tank. The local exhaust system shall be
connected to a treatment system as specified in
Subsection (e) 3 of this Section.
(ii) A local exhaust system shall be provided within
or immediately adjacent to every exterior storage
area; and within separate gas storage rooms used
for portable or stationary tanks.
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i
(g) Tank Cars and Piping.
1. The provisions of this Article shall 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 materials,
as such terms are used in the Hazardous Materials
Transportation Act, 49 U.S.C. § 1801 et. seq.
"Unloading does not include the use of tank cars to
store regulated materials.
2. The provisions of this Article shall apply to piping and
control systems, automatic shut-off valves, emergency
control stations, gas detection systems, treatment
systems, and alarm systems used with piping which
connects tank cars to facilities for the unloading and
delivery of regulated material, and to tank cars used
to store regulated materials.
DIVISION V. MISCELLANEOUS
Section 88.501. Provisions Severable.
The provisions of this Article are severable. If any provision of
this Article or its application to any person or circumstance is held
invalid, the invalidity shall not affect other provisions or applications
of this Article which can be given effect without the invalid provision
or application.
SECTION 8-8.12. VIOLATIONS AND PENALTIES.
(a) Any person, firm, or corporation who shall violate any of
the provisions of the Fire Code or who fails to comply
therewith, or who shall violate or fail to comply with any
order made thereunder, or who shall obstruct the
operations of the Fire Department in connection with
extinguishing any fire, or other emergency, or who
disobeys any lawful command of the Chief of the Los Altos
County Fire Protection District or the Sheriff of the County
of Santa Clara, or other officer who may be in charge at
such a scene, or any part thereof, or who shall build in
violation of any detailed statement of specifications or
32
plans submitted and approved under the Fire Code, or any
certificate or permit issued thereunder, and from which no
appeal has been taken, or who shall fail to comply with
such an order as affirmed or modified by the City Council
of the Town of Los Altos Hills, or by a court of competent
jurisdiction, within the time fixed herein, shall be deemed
guilty of a misdemeanor and upon conviction thereof shall
be punishable by a fine not to exceed Five Hundred and
no/100ths ($500.00) Dollars or by imprisonment in the
County jail for not to exceed six (G) months or both fine
and imprisonment.
Each separate day or any portion thereof during
which any violation and noncompliance, respectively, of
the Fire Code occurs or continues shall be deemed to
constitute a separate offense, and upon conviction thereof
shall be punishable as herein provided. The issuance or
granting of a permit shall not be deemed or construed to
be a permit for, or an approval of, any violation of any of
the provisions of the Fire Code. The imposition of one
penalty for any violation shall not excuse the violation or
permit it to continue; and all such persons shall be
required to correct or remedy such violations or defects
within a reasonable time; and when not otherwise
specified, each ten (10) days that prohibited conditions are
maintained shall constitute a separate offense.
(b) The application of the above penalty shall not be held to
prevent the enforced removal of prohibited conditions.
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. . • 0 •
SECTION 2. SEVERABILITY.
If any section, subsection, subdivision, paragraph, sentence, clause, or
phrase of this Ordinance, or any part thereof, or the application thereof to
any person or circumstances; is for any reason held to be unconstitutional or
invalid or ineffective by any Court of competent jurisdiction, such decision
shall not affect the validity or effectiveness or applications of the remaining
portions of this Ordinance, or any part thereof, which can be given effect
without the invalid portion or application. The City Council hereby declares
that it would have passed each section, subsection, subdivision, paragraph,
sentence, clause, or phrase thereof, irrespective of the fact that any one or
more sections subsections, subdivisions, paragraphs, sentences, clauses, or
phrases be declared unconstitutional or invalid or ineffective.
SECTION 3. INTERPRETATIONS.
In interpreting and applying the provisions of this Ordinance, the
requirements contained herein are declared to be minimum requirements
for the purposes set forth.
The provisions of this Ordinance, insofar as they are substantially the
same as existing statutory provisions relating to the same subject matter,
shall be construed as restatements and continuations and not as new
enactments.
This Ordinance shall not nullify the more restrictive provisions of
covenants, agreements, or other ordinances or laws, but shall prevail as to
such provisions which are less restrictive.
SECTION 4. EFFECTIVE DATE; POSTING.
This Ordinance shall be in full force and effect thirty (30) days from
and after its passage. Within fifteen (15) days after its adoption, a copy of
34
this Ordinance shall be posted within the Town of Los Altos Hills in three (3)
public places.
INTRODUCED as a regular meeting of the City Council of the Town of
Los Altos Hills held on the 7th day of March , 1990.
PASSED AND ADOPTED at a regular meeting of the City Council of the
Town of Los Altos Hills held on the 21st day of March , 1990,
by the following roll call vote:
AYES: Councilmembers: Casey, Johnson, Siegel, Tryon and. van Tamelen
NOES: Councilmembers: None
ABSENT: Councilmembers: None
MAYOR
ATTEST:
CITY CLERK
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