Santa Clara County Municipal Code § B11-365 Materials regulated

The materials regulated by this chapter, 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 standard 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 set forth in the fire code.

Materials which meet the foregoing criteria are subject to the provisions of this chapter unless exempted by the Director based upon scientific evidence provided by a toxicologist or other professional acceptable to the Director.

(Ord. No. NS-517.72, § 2, 4-15-03)

(a) Exclusion. To the extent that the application of this chapter 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 chapter does not apply.

(b) Exemption. Except as provided in Subsection (c) of this section, below, material which would otherwise be regulated is exempt from regulation under this chapter if the aggregate quantity of the material in a control area or exterior storage does not exceed the Min. TQ and the quantity of the material in a single vessel does not exceed the amounts specified as follows:

(1) One pound; or

(2) The concentration of the material is below the permissible exposure limit (PEL).

(c) Notwithstanding the exemption in Subsection (b) of this section, above, no amount of Class I regulated material is exempt from the requirements for flow-limiting devices and fire extinguishing systems found in Section B11-380, Subsections (k) and (l).

(Ord. No. NS-517.72, § 2, 4-15-03)