Morgan Hill Municipal Code Part 2 Special Provisions

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.

The provisions of Part 2 apply to all regulated materials, including Class I, Class II, Class III and minimum threshold quantities of regulated materials.

(Ord. 1494 N.S. § 2 (part), 2000)

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

A. The materials fall under the definition of Class I, Class II or Class III materials; and

B. The materials meet either of the following criteria:

1. They are shipped in compressed gas cylinders and the material is or becomes or acts as a gas upon release at normal temperature and pressure (68° Fahrenheit and 760 mm Hg), or

2. The material is used or handled as a gas whether or not the material meets the definition of a compressed gas in Article 2 of the California Fire Code or 49 CFR Section 173.300(a).

Materials which meet the foregoing criteria are subject to the provisions of this article unless exempted by the fire chief or his designee based upon scientific evidence provided by a toxicologist or other professional.

(Ord. 1494 N.S. § 2 (part), 2000)

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

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

B. In a manner which causes an unauthorized discharge or which imposes 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 or designee of such discharge.

(Ord. 1494 N.S. § 2 (part), 2000)

No person shall store, dispense, use or handle any regulated material in excess of an exempt amount at a facility unless a compliance plan and a plan review fee have been submitted to the fire chief or his designee and a permit for the facility has been issued pursuant to Part 10 of this article.

The extent of system upgrades shall be determined by the following conditions:

A. If a building permit is required for a piping modification, then upgrading of the entire system for that gas shall be required.

B. If a building permit is not required for piping modification, such as for connecting an existing piping system to a new piece of equipment, then upgrading of the entire system shall not be required.

(Ord. 1494 N.S. § 2 (part), 2000)

It is 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 or his designee.

A closure plan and a closure plan review fee as set by the schedule of fees as adopted by the council shall be submitted by a responsible person to the fire chief or his designee at least thirty days prior to facility closure. The property owner of the property upon which the regulated materials are stored shall be responsible for the closure in the event that the regulated materials are abandoned or when the permittee has not complied with all provisions of this section. The closure plan shall demonstrate to the satisfaction of the fire chief or his designee 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 or his designee may waive all or part of the thirty-day period upon a finding of good cause.

(Ord. 1494 N.S. § 2 (part), 2000)

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 California Building Code.

(Ord. 1494 N.S. § 2 (part), 2000)

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

(Ord. 1494 N.S. § 2 (part), 2000)

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 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 for on-site emergency response personnel.

The self-contained breathing apparatus or other protective equipment shall be suitable for use with the material present and shall be readily available to on-site emergency response personnel in a location that provides safety for those expected to don the apparatus. A "location that provides safety" is one which is not likely to be immediately affected by the release of a regulated material.

(Ord. 1494 N.S. § 2 (part), 2000)

Responsible persons shall cause regulated materials to be separated from other incompatible hazardous materials listed in Table 5108-A of the California Fire Code. Separation shall be maintained by one-hour fire-resistive construction or by the use of separate gas cabinets.

Construction materials shall be compatible with the toxic gases they serve. Compatibility of construction materials shall be based on nationally recognized standards such as the National Association of Corrosion Engineers (NACE).

(Ord. 1494 N.S. § 2 (part), 2000)

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 methods shall be approved by the fire chief or his designee in accordance with appropriately nationally recognized industry standards and practices, if any. Appropriate remedial action shall be immediately undertaken when leaks are detected.

(Ord. 1494 N.S. § 2 (part), 2000)

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

(Ord. 1494 N.S. § 2 (part), 2000)

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

(Ord. 1494 N.S. § 2 (part), 2000)

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 Santa Clara County fire department.

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

(Ord. 1494 N.S. § 2 (part), 2000)

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

(Ord. 1494 N.S. § 2 (part), 2000)

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. Maintenance and testing shall be performed by persons qualified to perform the maintenance and tests. Maintenance records and test certifications shall be available to the fire chief or his designee upon inspection or request.

(Ord. 1494 N.S. § 2 (part), 2000)

All containers of materials other than lecture bottles classified as Class I regulated materials and having a vapor pressure exceeding 29 psi, shall be equipped with a flow-restricting orifice, when commercially available. If a flow-restricting orifice is not available, the container shall be used with a flow-limiting device. All flow-limiting devices shall be part of the valve assembly and visible to the eye when possible; otherwise, they shall be installed as close as possible to the cylinder source.

(Ord. 1494 N.S. § 2 (part), 2000)

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

The design of the sprinkler system shall be not less than that required under the current edition of NFPA 13 for ordinary hazard Group II with a minimum design area of three thousand 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.

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 or his designee may require alternative forms of fire protection.

(Ord. 1494 N.S. § 2 (part), 2000)