Division 2 — REQUIREMENTS

(a)

General. This article governs the storage, dispensing, use and handling of regulated materials. To the extent that the application of this article to the registration and use of pesticides is preempted by an express provision of an act of Congress or a statute adopted by the State Legislature, this article does not apply.

(b)

Regulated materials. "Regulated materials," including but not limited to gases, are those materials which meet the following criteria:

(1)

The material has an established level of concern (LOC) as defined in this article; and

(2)

The material meets either of the following criteria:

(i)

It is shipped in compressed gas cylinders, and the material is or becomes or acts as a gas upon release at normal temperature and pressure (70°F and 760 mm Hg); or

(ii)

The material is used or handled as a gas, whether or not the material meets the definition of a compressed gas as set forth in article 9 of the fire code.

Materials which meet the foregoing criteria are subject to the provisions of this article.

EXCEPTION: Flammable anesthetic and nonflammable medical gases used at hospitals or similar facilities and fixed installations of medical gases intended for sedation wherein the patient is not rendered

unconscious, such as, but not limited to, analgesia systems used for dentistry, podiatry, veterinary and other similar uses are not regulated by this article but do remain subject to other articles in the Uniform Fire Code.

(c)

General obligation. No person shall cause, suffer or permit the storage, handling, use, or dispensing of materials regulated by this article:

(1)

In a manner which is contrary to a provision of this article or any other Federal, State or local statute, code, ordinance, rule, regulation or standard of performance relating to materials subject to this article; or

(2)

In a manner which causes an unauthorized discharge or which poses a significant risk of such unauthorized discharge.

A person responsible for a facility shall, as soon as such person has knowledge of an unauthorized discharge from or at such facility, immediately notify the Fire Chief of such discharge.

(d)

Permits.

(1)

General. No person shall store, dispense, use or handle any regulated material in excess of an exempt amount at a facility unless a compliance plan has been submitted to the Fire Chief and a permit for the facility has been issued pursuant to this article. The specific requirements for obtaining a permit shall be established by the Fire Chief in accordance with the provisions of article 4 of the fire code. The Fire Chief may charge a fee or fees in connection with the filing of a compliance plan and the issuance of a permit, in accordance with the municipal fee schedule.

(2)

MHI calculations for each regulated material to be stored, dispensed, used or handled at the facility shall be submitted to the Fire Chief as part of the compliance plan. The Fire Chief may require the submission of any additional available acute toxicity data to support the MHI value proposed for each material.

(e)

Compliance.

(1)

Notwithstanding section 1.103 of the fire code, persons responsible for any facility lawfully in existence on July 16, 1990, which is not in compliance with the provisions of this article shall submit a compliance plan to the Fire Chief no later than July 16, 1991. For purposes of this section, the term "lawfully in existence"

includes, but is not limited to, those facilities for which a building permit has been issued and construction has begun. The compliance plan shall set forth the time and manner in which the facility is proposed to be brought into compliance.

(2)

Persons responsible for facilities lawfully in existence on July 16, 1990, shall cause their facilities to be in full compliance with this article not later than July 16, 1993. The Fire Chief may extend this time period at the request of a responsible person for a maximum of two (2) additional years if the Fire Chief makes a written determination that hardship, unique circumstances or other good cause exists for such extension. The Fire Chief may charge a fee for processing a request for extension, in accordance with the municipal fee schedule.

(3)

Persons responsible for a facility not lawfully in existence or operating on July 16, 1990, shall submit a compliance plan and obtain a permit prior to storing, dispensing, using or handling any regulated material.

(f)

Closure.

(1)

General. It shall be unlawful for any person to abandon, remove, or close a facility or other area regulated by this article until a closure plan has been submitted to and approved by the Fire Chief. The Fire Chief may charge a fee or fees for reviewing and processing a closure plan in accordance with the municipal fee schedule.

(2)

Closure plan. A closure plan shall be submitted by a responsible person to the Fire Chief at least thirty (30) days prior to facility closure. The closure plan shall demonstrate to the satisfaction of the Fire Chief that regulated materials which are or have been stored, dispensed, handled or used in the facility will be transported, disposed of or reused in a manner consistent with public health and safety. The Fire Chief may waive all or part of the thirty-day period upon a finding of good cause.

(g)

Seismic protection. Persons responsible for a facility with one (1) or more stationary tanks and piping systems used for regulated materials shall cause such tanks and piping systems to be seismically braced in accordance with the provisions of the Uniform Building Code.

(h)

Security. Responsible persons shall cause facilities where materials subject to this article are stored, handled, dispensed or used to be secured against unauthorized entry.

(i)

Breathing apparatus.

(1)

In order to provide for immediate initial on-scene response in the event of an unauthorized discharge and to provide on-scene assistance to Firefighters and other emergency response personnel, persons responsible for any facility where Class I or corrosive regulated materials are present shall provide a minimum of two (2) self-contained breathing apparatus. When self-contained breathing apparatus would be inadequate protection due to the nature of the gases present, other appropriate protective equipment shall be provided.

(2)

The breathing apparatus or other protective equipment shall be suitable for use with the material present and shall be in a conspicuously marked place immediately near the area where the materials are present in a location that provides safety for those expected to don the apparatus.

(3)

A "location that provides safety" is one which is not likely to be immediately affected by the release of a regulated material.

(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 5108-A of the Uniform Fire Code adopted in Chapter 9. Separation shall be maintained by means of one-hour fire resistive construction, or by the use of separate gas cabinets. For purposes of this section, the term "incompatible" shall mean those materials listed in the above-mentioned Table 51-110-A.

(k)

Leak testing. Responsible persons shall cause containers of regulated materials to be tested for leaks immediately upon delivery, and again immediately prior to departure of such containers from facilities. Testing shall be approved by the Fire Chief in accordance with appropriate nationally recognized industry standards and practices, if any. Appropriate remedial actions shall be immediately undertaken when leaks are detected.

(l)

Protective plugs/caps. Responsible persons shall cause the protective plugs and caps of regulated materials to be in place at all times unless and until the materials are properly placed into use.

(m)

Emergency response plans.

(1)

If the preparation of an emergency response plan for the facility is not required by any other law, responsible persons shall prepare, or cause to be prepared, and filed with the Fire Chief a written emergency response plan.

(2)

If the preparation of an emergency response plan is required by any other law, a responsible person shall file a copy of the plan with the Fire Chief.

(n)

Emergency response team.

(1)

If not required to do so by another law, a person responsible for a facility subject to this article shall designate, or cause to be designated, an on-site emergency response team which shall be composed of an adequate number of trained, responsible persons, and which shall serve as liaison to the Fire Department.

(2)

Emergency response team members shall ascertain all on-site locations where regulated materials are stored, handled and used, shall become familiar with the emergency response plan, and the chemical nature of such regulated material, shall act as facility liaison to the Fire Department and shall be prepared to respond in an emergency.

(o)

Emergency drills.

(1)

Responsible persons shall cause emergency drills of each on-site emergency response team to be conducted not less frequently than once every three (3) months.

(2)

Records of drills conducted shall be maintained at the facility for three (3) years and shall be made available for inspection upon request by the Fire Chief.

(p)

Annual maintenance.

(1)

Responsible persons shall cause all safety control systems at a facility to be tested not less frequently than annually and maintained in good working condition.

(2)

Maintenance and testing shall be performed by persons qualified to perform the maintenance and tests.

(3)

Maintenance records and certifications shall be available to the Fire Chief upon inspection or request.

(q)

Flow limiting orifices and devices for D.O.T. Poison A. Containers for those materials classified as D.O.T. Poison A, regardless of the amount of D.O.T. Poison A, shall be equipped with a flow restricting orifice, when available from the supplier of the D.O.T. Poison A. If a flow restricting orifice is not available, the container shall be used with a flow limiting device.

(r)

Fire extinguishing systems.

(1)

Except as hereinafter provided, responsible persons shall cause all interior and exterior use areas and interior storage areas and storage buildings to be protected by automatic sprinkler systems.

(2)

The design of the sprinkler systems shall be not less than that required under Uniform Building Code Standard No. 9-1 for Ordinary Hazard Group 2 with a minimum design area of three thousand (3,000) square feet. Where the materials or storage arrangement require a higher level of sprinkler system protection in accordance with nationally recognized standards, the higher level of sprinkler system protection shall be provided.

(3)

If the chemical properties of the regulated materials are such that the materials will be incompatible with the use of a sprinkler system, the Fire Chief may require alternative forms of fire protection.

(Ord. No. 2017, § IV, 8-5-96)