Berkeley Municipal Code Ch. 15.04 General Provisions

Note:

Chapters 11.18 and 11.52 were severed from Title 11, repealed in 2004, and reenacted as Title 15, Chapters 15.04, 15.08 and 15.12.

Chapter 15.12 adopts Chapters 6.5, 6.67, 6.7, 6.75, 6.11 and 6.95 of Division 20 of the California Health and Safety Code, and Division 7, Chapter 10, Article 4 of the California Water Code with specified modifications and also elements of Article 79 and 80 of the Uniform Fire Code.

See also Chapter 11.50 for provisions of the Berkeley Hazardous Waste Importation Regulation Act.

Under Chapter 19.48 of the Berkeley Municipal Code, the Fire Department has permit requirements and other requirements for hazardous materials.

This title may be cited as the "Berkeley Hazardous Materials Code." (Ord. 6824-NS § 3, 2004)

It is the intent of this title to provide regulations and standards for certain operations, enterprises or activities which, if not regulated, may adversely affect the public health and safety. These regulations and standards are established to provide a healthful community living and working environment; to reduce the pollution of the air, land, and water; to prevent the spread of disease and related human discomfort caused by exposure to hazardous materials and wastes; to reduce the hazards of fire involving hazardous materials and wastes; and to prevent unsightliness which may result in the depreciation of property values and interfere with the enjoyment of life. It is further the intent to provide regulations and standards that equal or exceed all applicable state laws. It is declared that in an instance where the provisions of this title do not encompass all of the statutes or regulations, that such statutes and regulations are included and required for conformance as a part of this title. (Ord. 6824-NS § 3, 2004)

No rights given by any permit or registration under any ordinance repealed by this title are affected by the enactment of this title or by such repeal, but such rights shall be exercised according to this title after the effective date of the ordinance set forth herein. (Ord. 6824-NS § 3, 2004)

The provisions of this title, insofar as they are substantially the same as existing provisions relating to the same subject matter, shall be construed as restatements and continuation thereof and not as new enactments. (Ord. 6824-NS § 3, 2004)

Whenever reference is made to any portion of this title or of any other law or regulation of the state, the reference applies to all amendments and additions now or hereafter made. (Ord. 6824-NS § 3, 2004)

The hazardous materials manager, as defined in Section 15.08.070, shall administer and enforce the provisions of this title. Whenever, by this title, an authority is granted to or a duty is imposed upon the hazardous materials manager, the authority may be exercised or the duty performed by the hazardous materials manager, or by their designee. (Ord. 6824-NS § 3, 2004)

A. The hazardous materials manager may approve the use of any material design, installation, device, arrangement or operation other than prescribed by this title if the hazardous materials manager finds that the proposed material, appliance, design, installation, device, arrangement or operation is equivalent to that prescribed in quality, strength, effectiveness, durability and safety for the protection of life and health. Any such finding shall be in writing and shall state the factual basis therefore.

B. The hazardous materials manager may require that sufficient evidence or proof be submitted to substantiate any claim regarding the use of such equivalent.

C. Whenever there is any evidence that material, appliance, installation, device or arrangement does not conform to the provisions of this title, or in order to substantiate claims for an equivalent, the hazardous materials manager may require tests by an approved agency as proof of compliance. These tests shall be made at the expense of the claimant. (Ord. 6824-NS § 3, 2004)

This title is divided into chapters and sections. Chapter and section headings do not govern, limit, modify or in any way affect the scope, meaning or intent of the provisions of any chapter or section. (Ord. 6824-NS § 3, 2004)

If any provision of this title or any application thereof is held invalid, such invalidity shall not affect any other provision of this title, or the application of the same provision to another person or circumstance, except as may be provided by a court of competent jurisdiction, and to this end the provisions of this chapter are declared to be severable. (Ord. 6824-NS § 3, 2004)

This title shall not be construed as imposing upon the City any liability or responsibility for damages resulting from any defective construction or equipment or the installation thereof; nor shall the City nor any official or employee thereof be held as assuming any liability or responsibility by reason of any inspection authorized by this title, or any permit or registration issued pursuant to this title. Nothing in this title is intended to create a mandatory duty under Government Code Section 815.6. (Ord. 6824-NS § 3, 2004)