Mountain View Municipal Code Art. IV Hazardous Materials Business Plan

a. Each applicant for a permit pursuant to this Chapter shall electronically file a plan, for the city's approval, to be known as a hazardous materials business plan (HMBP), which shall demonstrate the safe storage and handling of hazardous or other regulated materials and emergency response capabilities of the applicant. The HMBP shall be electronically reported in accordance with Article I of this Chapter. Approval of the HMBP shall mean the facility has provided adequate information for the purposes of evaluating the permit approval. Such approval shall not be understood to mean the city has made an independent determination of the adequacy of that which is described in the HMBP or that the applicant has complied with other codes or ordinances.

b. Within thirty (30) days of any of the events listed below, any business subject to this Chapter shall submit an amendment to the HMBP:

1. Any changes in the information required on the business owner/operator portion of the HMBP;

2. Any change in the information required on the facility storage map portion of the HMBP;

3. Any change of one hundred (100) percent or more in the quantity or any change in the quantity range of a previously disclosed hazardous or other regulated material, or the handling of a previously undisclosed hazardous or other regulated material required on the hazardous materials inventory statement portion of the HMBP; or

4. Any change in the information required on the emergency response plan (contingency plan) portion of the HMBP.

c. If the city determines the handler's HMBP is deficient in any way, the city shall notify the handler of these defects. The handler shall submit a corrected HMBP within thirty (30) days of this notice. If a handler fails after reasonable notice to amend their electronically submitted HMBP to accurately disclose the required information, the city may take appropriate action to enforce this Chapter, including the imposition of civil and criminal penalties specified in this Chapter.

(Ord. No. 8.2025, § 1, 9/9/25.)

The HMBP is a public record except for facility storage maps, or as otherwise specified. The information contained therein is subject to trade secret protection pursuant to Health and Safety Code Section 25511. The city may refuse access to this record when such disclosure could jeopardize ongoing civil or criminal investigation or litigation. Persons requesting access to any portion of the HMBP will be required to complete an application for release of information. The application will require:

a. The person's name, address and telephone number;

b. The name and address of the person, business or governmental agency such person represents;

c. The purpose for which the access is requested; and

d. The identity of the specific files to be examined or request to be copied, including street address and company name (Health and Safety Code Section 25506 requires all HMBPs to be indexed by street address and company name).

The fire chief, or their designee, will have ten (10) days prior to permitting the review or providing copies to: verify the applicant's identity; determine whether any of the materials requested are exempt from disclosure; and, if necessary, inform the business whose HMBP has been requested.

(Ord. No. 8.2025, § 1, 9/9/25.)

The hazardous materials business plan (HMBP) must be submitted electronically and updated annually at a minimum. The HMBP shall include the data fields and information required by California Health and Safety Code Section 25500, et seq., Title 27 of the California Code of Regulations, a locally required fire and life safety plan as well as any additional fields required by the city.

a. Variation in information.

1. Additional information may be required in the HMBP where such information is reasonably necessary to meet the intent of this Chapter.

2. Requirements for information in the HMBP may be waived where such information is not reasonably necessary to meet the intent of this Chapter.

(Ord. No. 8.2025, § 1, 9/9/25.)

In addition to the HMBP requirements set forth in this Chapter, any person, firm or corporation which stores, uses or handles hazardous or other regulated material in excess of the exempt amounts specified in Sec. 24.04.10. shall establish and implement a fire life safety plan. The fire life safety plan shall be submitted electronically with the HMBP and contain the following:

a. Total building square footage, number of floors/stories and indicate the use of a mezzanine and/or basement if present.

b. Information about the buildings' fire protection systems, including fire alarm systems, fire sprinkler systems, engineered systems and any specialized fire protection systems such as fire pumps, standpipes, heat and smoke detectors and private hydrants.

c. Information regarding special uses or processes that require Fire Code operating permits.

(Ord. No. 8.2025, § 1, 9/9/25.)