San Jose Municipal Code Part 9.5 Highly Toxic and Toxic Materials, and Moderately Toxic Gases

Footnotes:

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Editor's note— Ord. 31258, § 13, adopted Nov. 18, 2025, amended Part 9.5 of Ch. 17.12 in its entirety to read as set out herein. Former Part 9.5, §§ 17.12.986 - 17.12.996, pertained to highly toxic and toxic materials and derived from Ord. 30327, 30836.

Except as otherwise provided for in this Chapter, Chapters 60 to 67 of the 2025 California Fire Code, including the Tables therein, are adopted and incorporated in this Chapter by reference and made a part hereof as if fully set forth herein.

(Ord. 31258.)

Subsection 6001.1 of the 2025 California Fire Code is amended to read as follows:

6001.1 Scope. The storage and use of highly toxic, toxic, and moderately toxic materials and/or moderately toxic gases shall comply with this chapter. Compressed gases shall also comply with Chapter 53.

Exceptions:

1. Display and storage in Group M and storage in Group S occupancies complying with Section 5003.11.

2. Conditions involving pesticides or agricultural products as follows:

2.1.

Application and release of pesticide, agricultural products, and materials intended for use in weed abatement, erosion control, soil amendment, or similar applications when applied in accordance with the manufacturer's instructions and label directions.

2.2.

Transportation of pesticides in compliance with the Federal Hazardous Materials Transportation Act and regulations thereunder.

2.3.

Storage in dwellings or private garages of pesticides registered by the U.S. Environmental Protection Agency to be utilized in and around the home, garden, pool, spa, and patio.

(Ord. 31258.)

Section 6004 of the 2025 California Fire Code is amended to read as follows:

SECTION 6004 HIGHLY TOXIC, TOXIC, AND MODERATELY TOXIC COMPRESSED GASES

Section 6004.1 of the 2025 California Fire Code is amended to read as follows:

6004.1 General. The storage and use of highly toxic, toxic, and moderately toxic compressed gases shall comply with this section.

(Ord. 31258.)

6004.1.1 Special limitations for indoor storage and use by occupancy. The indoor storage and use of highly toxic, toxic, and moderately toxic compressed gases in certain occupancies shall be subject to the limitations contained in Sections 6004.1.1.1 through 6004.1.1.3.

6004.1.1.1 Group A, E, I or U occupancies. Highly toxic, toxic, and moderately toxic compressed gases shall not be stored or used within Group A, E, I, or U occupancies.

Exception: Cylinders not exceeding 20 cubic feet (0.556 m³) at normal temperature and pressure (NTP) are allowed within gas cabinets or fume hoods.

6004.1.1.2 Group R occupancies. Highly toxic, toxic, and moderately toxic compressed gases shall not be stored or used in Group R occupancies.

6004.1.1.3 Offices, retail sales, and classrooms. Highly toxic, toxic, and moderately toxic compressed gases shall not be stored or used in offices, retail sales, or classroom portions of Group B, F, M, or S occupancies.

Exception: In classrooms of Group B occupancies, cylinders with a capacity not exceeding 20 cubic feet (0.566 m³) at NTP are allowed in gas cabinets or fume hoods.

(Ord. 31258.)

Section 6004.2 of the 2025 California Fire Code is amended to read as follows:

6004.2 Indoor storage and use. The indoor storage and use of highly toxic, toxic, and moderately toxic compressed gases shall be in accordance with Sections 6004.2.1 through 6004.2.2.10.3.

Section 6004.2.1 of the 2025 California Fire Code is amended to read as follows:

6004.2.1 Applicability. The applicability of regulations governing the indoor storage and use of highly toxic, toxic, and moderately compressed gases shall be as set forth in Sections 6004.2.1.1 through 6004.2.1.4.

Section 6004.2.1.4 of the 2025 California Fire Code is amended to add the following subsection:

6004.2.1.4 Quantities exceeding the minimum threshold quantities, but not exceeding the maximum allowable per control area. The indoor storage or use of highly toxic, toxic, and moderately toxic gases in amounts exceeding the minimum threshold quantities per control area set forth in Table 6004.2.1.4 but not exceeding maximum allowable quantity per control area set forth in Table 5003.1.1(2) shall be in accordance with Sections 5001, 5003, 6001, and 6004.2.2.

The maximum allowable quantity per control area of moderately toxic gas will be according to the toxic maximum allowable quantity, physical or health hazards, as set forth in Tables 5003.1.1(2) and 5003.1(4) and Table 5003.11.1 for Group M and S occupancies, as applicable.

Table 6004.2.1.4

Minimum Threshold Quantities for Highly Toxic, Toxic, and Moderately Toxic Gases for Indoor Storage and Use

(Ord. 31258.)

Section 6004 of the 2025 California Fire Code is amended to read as follows:

6004.2.2 General indoor requirements. The general requirements applicable to the indoor storage and use of highly toxic, toxic, and moderately toxic compressed gases shall be in accordance with Sections 6004.2.2.1 through 6004.2.2.10.3.

6004.2.2.1 Cylinder and tank location. Cylinders shall be located within gas cabinets, exhausted enclosures, or gas rooms. Portable and stationary tanks shall be located within gas rooms or exhausted enclosures.

Exceptions:

1. Where a gas detection system is provided in accordance with 6004.2.2.10 for indoor storage and use of moderately toxic gases above the minimum thresholds and not exceeding the maximum allowable per control area set forth in Table 5003.1.1(2) compressed gas above minimum thresholds but not exceeding the maximum allowable per control area.

6004.2.2.2. Ventilated areas. The room or area in which gas cabinets or exhausted enclosures are located shall be provided with exhaust ventilation. Gas cabinets or exhausted enclosures shall not be used as the sole means of exhaust for any room or area.

6004.2.2.3 Leaking cylinders and tanks. One or more gas cabinets or exhausted enclosures shall be provided to handle leaking cylinders, containers, or tanks.

Exceptions:

1. When cylinders, containers, or tanks are located within gas cabinets or exhausted enclosures.

2. Where approved containment vessels or containment systems are provided in accordance with all of the following:

2.1.

Containment vessels or containment systems shall be capable of fully containing or terminating a release.

2.2.

Trained personnel shall be available at an approved location.

2.3.

Containment vessels or containment systems shall be capable of being transported to the leaking cylinders, container, or tank.

6004.2.2.5 Piping and controls - stationary tanks. In addition to the requirements of Section 5003.2.2, piping and controls on stationary tanks, portable tanks, and cylinders shall comply with the following requirements:

1. Pressure relief devices shall be vented to a treatment system designed in accordance with section 6004.2.2.7.

Exception: Pressure relief devices on outdoor tanks provided exclusively for relieving pressure due to fire exposure are not required to be vented to a treatment system, provided that:

1. The material in the tank is not flammable.

2. The tank is not located in a diked area with other tanks containing combustible materials.

3. The tank is located no less than 30 feet (9144 mm) from combustible materials or structures or is shielded by a fire barrier complying with section 6004.3.2.1.1.

4. Filling or dispensing connections shall be provided with a means of local exhaust. Such exhaust shall be designed to capture fumes and vapors. The exhaust shall be directed to a treatment system in accordance with section 6004.2.2.7.

5. Stationary tanks shall be provided with a means of excess flow control on all tank inlet or outlet connections.

Exceptions:

1. Inlet connections designed to prevent backflow.

2. Pressure relief devices.

6004.2.2.6 Gas rooms. Gas rooms shall comply with Section 5003.8.4 and both of the following requirements:

1. The exhaust ventilation from gas rooms shall be directed to an exhaust system.

2. Gas rooms shall be equipped with an approved automatic sprinkler system. Alternative fire- extinguishing systems shall not be used.

6004.2.2.7 Treatment systems. The exhaust ventilation from gas cabinets, exhausted enclosures, gas rooms, and local exhaust systems required in Sections 6004.2.2.4 and 6004.2.2.5 shall be directed to a treatment system. The treatment system shall be utilized to handle the accidental release of gas and to process exhaust ventilation. The treatment system shall be designed in accordance with Sections 6004.2.2.7.1 through 6004.2.2.7.5 and section 510 of the California Mechanical Code.

Exceptions:

1. Highly toxic, toxic, and moderately toxic gases - storage. A treatment system is not required for cylinders, containers, and tanks in storage where all of the following controls are provided:

1.1.

Valve outlets are equipped with gas-tight outlet plugs or caps.

1.2.

Hand wheel-operated valves have handles secured to prevent movement.

1.3.

Approved containment vessels or containment systems are provided in accordance with Section 6004.2.2.3.

2. Toxic and moderately toxic gases - Use. Treatment systems are not required for toxic, and moderately toxic gases supplied by cylinders or portable tanks not exceeding 1,700 pounds (772 kg) water capacity, where a gas detection system complying with Section 6004.2.2.10 and listed or approved automatic-closing fail-safe valves are provided. The gas detection system shall have a sensing interval not exceeding 5 minutes. Automatic-closing fail-safe valves shall be located immediately adjacent to cylinder valves and shall close when gas is detected at the permissible exposure limit (PEL) by a gas sensor monitoring the exhaust system at the point of discharge from the gas cabinet, exhausted enclosure, ventilated enclosure, or gas room.

6004.2.2.7.1 Design. Treatment systems shall be capable of diluting, adsorbing, absorbing, containing, neutralizing, burning or otherwise processing the contents of the largest single vessel of compressed gas. Where a total containment system is used, the system shall be designed to handle the maximum anticipated pressure of release to the system when it reaches equilibrium.

6004.2.2.7.2 Performance. Treatment systems shall be designed to reduce the maximum allowable discharge concentrations of the gas to one-half immediate by dangerous to life and health (IDLH) at the point of discharge to the atmosphere. Where more than one gases are emitted to the treatment system, the treatment system shall be designed to handle the worst-case release based on the release rate, the quantity and the IDLH for all compressed gases stored or used.

6004.2.2.7.3 Sizing. Treatment systems shall be sized to process the maximum worst-case release of gas based on the maximum flow rate of release from the largest vessel utilized. The entire contents of the largest compressed gas vessel shall be considered.

6004.2.2.7.4 Stationary tanks. Stationary tanks shall be labeled with the maximum rate of release for the compressed gas contained based on valves or fittings that are inserted directly into the tank. Where multiple valves or fittings are provided, the maximum flow rate of release for valves or fittings with the highest flow rate shall be indicated. Where liquefied compressed gases are in contact with valves or fittings, the liquid flow rate shall be utilized for computation purposes. Flow rates indicated on the label shall be converted to cubic feet per minute (cfm/min) (m3/s) of gas at normal temperature and pressure (NTP).

6004.2.2.7.5 Portable tanks and cylinders. The maximum flow rate of release for portable tanks and cylinders shall be calculated based on the total release from the cylinder or tank within the time specified in Table 6004.2.2.7.5. Where portable tanks or cylinders are equipped with approved excess flow or reduced flow valves, the worst-case release shall be determined by the maximum achievable flow from the valve as determined by the valve manufacturer or compressed gas supplier. Reduced flow and excess flow valves shall be permanently marked by the valve manufacturer to indicate the maximum design flow rate. Such markings shall indicate the flow rate for air under normal temperature and pressure.

6004.2.2.8 Emergency power. Emergency power shall be provided for the following systems in accordance with Section 1203: Emergency Power:

1. Exhaust ventilation system.

2. Treatment system.

3. Gas detection system.

4. Smoke detection system.

5. Temperature control system.

6. Fire alarm system.

7. Emergency alarm system.

6004.2.2.8.1 Fail-safe systems. Emergency power shall not be required for mechanical exhaust ventilation, treatment systems, and temperature control systems where approved fail-safe engineered systems are installed.

6004.2.2.9. Automatic fire detection system - highly toxic, toxic, and moderately toxic compressed gases. An approved automatic fire detection system shall be installed in rooms or areas where highly toxic, toxic, and moderately toxic compressed gases are stored or used. Activation of the detection system shall sound a local alarm. The fire detection system shall comply with Section 907.

6004.2.2.10 Gas detection system. A gas detection system complying with Section 916 shall be provided to detect the presence of gas at or below the PEL or ceiling limit of the gas for which detection is provided. The system shall be capable of monitoring the discharge from the treatment system at or below ½ the IDLH limit and shall initiate a response in accordance with sections 6004.2.2.10 through 6004.2.2.10.3 if the gas detection alarm is activated.

Exceptions:

1. A gas detection system is not required for toxic and moderately toxic gases when the physiological warning threshold level for the gas is at a level below the accepted PEL for the gas.

6004.2.2.10.1 Alarms. The gas detection system shall initiate a local alarm and transmit a signal to a constantly attended control station as approved by the fire code official when a short-term hazard condition is detected. The alarm shall be both audible and visual and shall provide warning both inside and outside the area where gas is detected. The audible shall be distinct from all other alarms.

Exception: Signal transmission to a constantly attended control station is not required where not more than one cylinder of highly toxic, toxic, or moderately toxic is stored.

6004.2.2.10.2 Shut-off of gas supply. The gas-detection system shall automatically close the shut off valve at the source on gas supply piping and tubing related to the system being monitored for whichever gas is detected.

Exception: Automatic shutdown is not required for reactors utilized for the production of highly toxic, toxic, and moderately toxic compressed gases where such reactors are:

1. Operated at pressures less than 15 pounds per square inch gauge (psig) (103.4kPa).

2. Constantly attended.

3. Provided with emergency shutoff valves that have ready access.

6004.2.2.10.3 Valve closure. Automatic closure of shutoff valves shall be in accordance with the following:

1. Where the gas detection sampling point initiating the gas detection system alarm is within a gas cabinet or exhausted enclosure, the shutoff valve in the gas cabinet or exhausted enclosure for the specific gas detected shall automatically close.

2. Where the gas detection sampling point initiating the gas detection system alarm is within a gas room and compressed gas containers are not in gas cabinets or exhausted enclosure, the shutoff valve on all gas lines for the specific gas detected shall automatically close.

3. Where a gas-detection sampling point initiating the gas detection system alarm is within a piping distribution manifold enclosure, the shutoff valve for the compressed container of the specific gas detected supplying the manifold shall automatically close. Where the gas-detection sampling point initiating gas-detection system alarm is at a use location or within a gas valve enclosure of a branch line downstream of a piping distribution manifold, the shutoff valve in the gas valve enclosure for the branch line located in the piping distribution manifold enclosure shall automatically close.

Exception: Where the gas-detection sampling point initiating the gas-detection system alarm is at a use location or within a gas valve enclosure of a branch line downstream of a piping distribution manifold, the shutoff valve in the gas valve enclosure for the branch line located in the piping distribution manifold enclosure shall automatically close.

(Ord. 31258.)