San Jose Municipal Code Part 13 Miscellaneous

A. The degree of protection required by this chapter is considered reasonable for regulatory purposes. The standards set forth herein are minimal standards and this chapter does not imply that compliance will ensure that there will be no unauthorized discharge of hazardous material. This chapter shall not create liability on the part of the city, any officer or employee thereof for any damages that result from reliance on this chapter or any administrative decision lawfully made thereunder. All persons handling, storing, using, processing, and disposing of hazardous materials within the city should be and are advised to determine to their own satisfaction the level of protection in addition to that required by this chapter necessary or desirable to ensure that there is no unauthorized discharge of hazardous materials.

B. This chapter is not intended to create any different standard or obligation for the storage of carcinogens than is imposed for the storage of other hazardous materials. Hazardous materials are identified as carcinogens herein for public record purposes only and the identification of a material as a carcinogen shall not require a different or stricter application of the provisions of this chapter, nor notice to any person under any circumstances other than those expressly specified in this chapter, nor shall such identification create any other duty or obligation upon city different from or additional to those duties or obligations applicable to the storage of other hazardous materials.

(Ord. 21334.)

Guidelines approved by the city manager shall be maintained in the office of the city clerk. Such guidelines, in the areas addressed therein, shall serve as an interpretation of this chapter.

(Ord. 21334.)

Subject to the limitations of due process, notwithstanding any other provision of this Code whenever the words "shall" or "must" are used in establishing a responsibility or duty of the city, its elected or appointed officers, employees, or agents, it is the legislative intent that such words establish a discretionary responsibility or duty requiring the exercise of judgment and discretion.

(Ord. 21334.)

Notwithstanding any other provision of this chapter:

A. A storage facility regulated by any state or federal agency will be exempt from any conflicting provision of this chapter.

B. If the storage facility is required to have a permit from the department of health services under Health and Safety Code Section 25100 et seq., it shall be exempted from any provision of this chapter which is covered by the regulations adopted pursuant to the above cited statute.

C. Whenever any provision of this chapter conflicts with the fire code as adopted by city, the stricter provision shall prevail.

D. Effective January 1, 1991, whenever any provision of this chapter conflicts with any provision set forth in Chapter 6.7 of the Health and Safety Code or any regulation adopted pursuant thereto, the state law or regulation shall control.

(Ords. 21334, 23677.)