Ordinance 1828~' .~
UltDINANCC NO. 1828
• AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CUPERTINO REPEALING AND RE-ENACTING CHAPTER 16.40
OF THE CUPERT[NO MUNICIPAL CODE ADOPTING THE
1998 EDITION OF THE CALIFORNIA FIRE CODE AND
THE 1997 EDITION OF THE UNIFORM FIRE CODE
THE CITY COUNCIL OF THE C[Tl' OF CUPERT[NO HEREBY ORDAINS that
Chapter 1G.4U of the Cupertino Municipal Code is repealed and re-enacted as contained in
attached Exhibit A.
INTRODUCED at a regular meeting of the City Council of the City of Cupertino this 71h
day of June, 1999, and ENACTED at a regular meeting of the City Council of the City of
Cupertino this 21st day of June 1999, by the following vote:
Vote Members of the City Council
:~l'ES: Burnett, Chang, Dean, James, Statton
NOES: None
ABSENT: None
ABSTAIN: None
• r1TTEST: APP O ED:
City Clerk Mayor, City of upertino
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• Adoption Of The 1998 California Fire Code And 1997 Uniform Fire Code
There is hereby adopted by the City of Cupertino for the purpose of
prescribing regulations governing conditions hazardous to life and property from
fire or explosion, that certain code known as the 1998 California Fire Code and also
the 1997 Uniform Fire Code, including Appendix Chapters I-C, II-A, II-B, II-D, II-F, II-
I, II-J, III-A, III-B, V-A VI-A, VI-B, VI-C, and the Uniform Fire Code Standards as
published by the International Fire Code Institute, being particularly the 1997
Editions thereof and the whole thereof, save and except such portions as are
hereinafter deleted, modified or amended by this ordinance, of which one copy has
been filed for use and examination by the public in the office of the City Building
Official and the City Fire Chief and the same adopted and incorporated as fully as if
set out at length herein, and from the date on which this ordinance shall take effect,
the provision thereof shall be controlling within the limits of the City of Cupertino.
16.40.020 Administration
Section 101.3.1 is added to read as follows:
101.3.1 Administration. The City Manager, through the powers vested by the City
Council, shall have the authority to delegate any and all responsibility for the
maintenance and enforcement of the provisions of this Code to whichever legal
• entity he feels best serves the interests of the City.
Wherever the words "Chief," "Fire Marshal," "Fire Department," "Fire
Prevention Bureau," "Fire Chief;' and other such similar words are used, they shall
mean and refer to such legal entity designated by the City Manager of Cupertino
under the authority of the City Council of Cupertino.
Wherever the words "municipality," "jurisdiction," or "city" are used, they shall
mean the City of Cupertino.
Wherever the words "Executive Body" are used, they shall mean the City
Council of Cupertino.
Wherever the words "Administrator" or "Executive" are used, they shall mean
the City Manager of Cupertino.
Wherever the words "District Attorney" or "Corporation Counsel" are used, they
shall mean the City Attorney of Cupertino.
Wherever the words "Board of Appeal" are used, they shall mean the City
Council of Cupertino or the body appointed by the Council to pass on matters
pertaining to fire safety.
16.40.030 Establishment of limits of districts in which storage of flammable or
combustible liquids in outside aboveground tanks is prohibited.
The limits referred to in Sections 7902.2.2.1 and 7904.2.5.4.2 of the California Fire
Code, in which the storage of flammable or combustible liquids in aboveground
• tanks is prohibited are hereby established as all locations of the City of Cupertino
that are residential or congested commercial areas.
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• 16.40.040 Establishment of limits in which storage of liquefied petroleum gases is
prohibited.
The limits referred to in Section 8204.2 of the California Fire Code, in which storage
of liquefied petroleum gas is restricted, are hereby established as all locations of the
City of Cupertino that are residential or congested commercial areas except for
gasoline service stations.
16.40.050 Establishment of limits of districts in which the storage of explosives and
blasting agents is to be prohibited.
The limits referred to in Section 7701.7.2 of the California Fire Code, in which the
storage of explosives and blasting agents is prohibited, are hereby established as the
City limits of the City of Cupertino.
16.40.060 Establishment of limits of districts in which the storage of compressed
natural gas is to be prohibited.
• The limits referred to in Section 5204.5.2 of the California Fire Code, in which the
storage of compressed natural gas is prohibited shall, are hereby established as all
locations of the City of Cupertino that are residential or congested commercial areas.
16.40.070 Appeals
103.1.4 Appeals. To determine the suitability of alternate materials and types of
construction and to provide for reasonable interpretations of the provisions of this
code, there shall be and hereby is created a board of appeals. The board of appeals
shall be construed to mean and shall consist of the City Council of the City of
Cupertino.
16.40.080 Final Inspection
103.3.2.4 Final Inspection. No final inspection as to all or any portion of a
development shall be deemed completed until the installation of the required fire
protection facilities and access ways have been completed and approved. No final
certificate of occupancy may be granted until the Fire Department issues notice of
final clearance to the Building Department.
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16.40.090 Permits for Compressed Gases
Section 105.8 c.7 is amended to read as follows:
c.7. COMPRESSED GASES. To store, use or handle at normal temperatures and
pressures compressed gases in excess of the amounts listed in Table 105-A, to install
any piped distribution system for compressed gases, or to install anon-flammable
medical gas manifold system. A permit is required to install, repair, abandon,
remove, place temporarily out of service, close or substantially modify a compressed
gas system.
EXCEPTIONS: 1. Routine maintenance.
2. For emergency repair work performed on an emergency basis, application for
permit shall be made within two working days of commencement of work.
The permit applicant shall apply for approval to close storage, use or handling
facilities at least 30 days prior to the termination of the storage, use or handling of
compressed or liquefied gases. Such application shall include any change or
alteration of the facility closure plan filed pursuant to Section 8001.13. This 30-day
period may be waived by the chief if there are special circumstances requiring such
waiver.
16.40.100 Permits for cryogens
Section 105.8 c.9 is amended to read as follows:
c.9. CRYOGENS. Except where federal or state regulations apply and except for
fuel systems of the vehicle, to produce, store or handle cryogens in excess of the
amounts listed in Table 105-B, or to install a cryogenic vessel or piping system for
the storage or distribution of cryogens. See Article 75.
16.40.110 Permits for Day Care Facility
d.3 Day care facility. To operate a business as a day care facility for more than 6
people.
16.40.120 Permits for Fire Protection Systems
Section 105.8 f.6 is added to read as follows:
f.6 Fire protection systems. To install, alter or change any fire hydrant system, fire
extinguishing system or fire alarm system.
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• 16.40.130 Permits for Institutions
Section 105.8 i.l is added to read as follows:
i.l Institutional. To operate, maintain, or use any institutional type occupancy. For
the purpose of this Section, an institution shall be, but is not limited to: hospitals,
children's home, home or institution for insane or mentally retarded persons,
home or institution for the care of aged or senile persons, sanitarium, nursing or
convalescent home, certified family care homes, residential care homes for the
elderly, out of home placement facilities, halfway house, and day care nurseries or
similar facility of any capacity.)
16.40.140 Permit Amounts for Compressed Gases
Table 105-A is amended as follows:
TABLE 105-A PERMIT AMOUNTS FOR COMPRESSED GASESI
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TYPE OF GAS AMOUNT(cubic feet)
X 0.0283 for m
Corrosive 200
Flammable (exce t o epic and li uefied etroleum ases) 200
Hi hl toxic An amount
Inert and sim le ash iant 6,000
Irritant 200
2.4
Other health hazards 650
Oxidizin (includin o en) 504
P o horic An amount
Radioactive An amount
Sensitizer 200
Toxic An Amount
Unstable (reactive) An amount
See Articles 74, 80 and 82 for additional requirements and exceptions.
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16.40.150 PERMIT AMOUNTS FOR HAZARDOUS MATERIALS
Table 105-C is amended as follows:
~rAf3LE 105-C PERMIT AMOUNTS FOR HAZARDOU S MATERIALS'
TYPE OF MATERIAL AMOUNT
x 0.4536 for lbs. to kg
x 3.785 for al. to L
Carcino ens 10 ounds
Cellulose nitrate See No. c.4
Combustible fiber See No. c.5
Combustible li aids See No. f.3
Corrosive aces See No. c.7
Corrosive li aids 55 allons
Corrosive solids 500 ounds
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C o ens See No. c.9
Ex losives See No. e.l
Flammable aces See No. c.7
Flammable li aids See No. f.3
Flammable solids 10 ounds
Hi hl toxic aces includin sticides and fumi ants See No. c.7
Highly toxic liquids and solids (including pesticides and
fumi ants Any amount
Irritant li aids 55 allons
Irritant solids 500 ounds
Li uefied etroleum aces See No. 1.1
Ma esium See No. m.l
See No. c.7
Nitrate film See No. c.3
Oxidizin aces See No. c.7
Oxidizin li aids An amount
Oxidizin solids An amount
Or anic eroxide li aids and solids An Amount
Other health hazards: Li aids 55 allons
Other health hazards: Solids 500 ounds
P o boric ases See No. c.7
o boric li aids An amount
o boric solids An amount
Radioactive materials includin aces, li aids and solids See No. c.7 and r.l
Sensitizer li aids 55 allons
Sensitizer solids 500 ounds
Toxic aces See No. c.7
Toxic li aids An amount
Toxic solids An amount
Unstable reactive ases See No. c.7
Unstable reactive li aids An amount
Unstable reactive solids An amount
Water reactive li aids An amount
Water reactive solids An amount
See Article 80 for additional requirements and exceptions.
16.40.160 Permit Fees
Section 105.9 is added to read as follows:
105.9 Permit Fees .Fees shall be paid to the Santa Clara County Fire Department as
follows:
ONE TIIvIE FEE
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i. Permit fees and plan review fees for fire hydrant
systems, fire extinguishing systems, fire alarm systems
shall be charged in accordance with Section 107 of the
Building Code. For the purposes of determining the fee
amount, the total valuation shall be limited to the value
of the s stem for which the errnit is bein issued.
2. Additional reins ections $30.00 each
3. Tents in excess of 200 sq. ft. or canopies in excess of 400 $85.00
s . ft. (or for each ermit)
4. Job site consultation as determined by the Fire Chief $50.00 Man
Hour/1 Hour
Minimum
ANNUAL FEES
1. Institutional ermits
A. Over 50 ersons $100.00
B. More than 6 ersons $ 75.00
2. Da Care Facilities
More than 6 clients $35.00
3. Places of Assembl
A. 50-300 ersons $50.00
B. Over 300 ersons $85.00
16.40.170 Continuous Gas Detection System Definition
Section 204-C is amended to read as follows:
204-C CONTINUOUS GAS DETECTION SYSTEM is a gas detection system where
the analytical instrument is maintained I a continuous operation and
sampling is performed without interruption. Analysis is allowed to be
performed on a cyclical basis at intervals not to exceed 5 minutes.
16.40.180 Hazardous Materials Business Plan Definition
Section 204-C is added to read as follows:
209-H HAZARDOUS MATERIALS BUSINESS PLAN (HMBP) is a written plan
containing at a minimum the information required pursuant to section 25500
et. seq. of the Health and Safety Code.
• 16.40.190 Moderately Toxic Gas Definition
Section 214-M is acd~d to read as follows:
214-M MODERATELY TOXIC GAS is a chemical or substance that has a median
lethal concentration (LC50) in air more that 2000 parts per million but not
more than 5000 parts per million by volume of gas or vapor, when
administered by continuous inhalation for an hour, or less if death occurs
within one hour, to albino rats weighing between 200 and 300 grams each.
16.40.200 Storage/Use Facility Definition
Section 220-S is amended to read as follows:
220-5 STORAGE/USE FACILITY is a building, portion of a building, or exterior area
used for the storage, use, or handling of hazardous materials where the
quantity of hazardous materials is equal to or greater than the permit
amounts specified in Section 105.
STORAGE/USE SYSTEM is any one or combination of tanks, sumps, waste
treatment facilities, pipes, vaults or other portable or fixed containers, and
their secondary containment systems which are used, or designed to be used,
for the storage, use, or handling of hazardous materials at a storage/use
facility.
• 16.40.210 Water Supplies
Section 903.3 is amended to read a follow
903.3. Type of Water Supply. Water supply is allowed to consist of reservoirs,
pressure tanks, elevated tanks, water mains or other fixed systems capable of
providing the required fire flow. In setting the requirements for fire flow, the chief
may be guided by Appendix III-A.
Where water supplies available for fire protection do not meet the requirements of
Appendix III-A, an approved (approved means as approved by the Fire Chief)
automatic fire sprinkler system installed throughout the building will be an
acceptable alternate to all or a portion of the water supply required, as determined by
the Chief, provided that a sprinkler system is not otherwise required by this code or
the Building Code.
16.40.220 Fire Extinguishing System Standards
Section 1003.1.2 is amended to read ac followc•
1003.1.2 Standards. Fire extinguishing systems shall comply with the Building Code.
Fire sprinkler systems required by the Fire Code, as amended, shall be installed in
• accordance with National Fire Protection Association (NFPA) Standards, as
referenced in the Building Code, and Fire Department Standards.
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• 16.40.230 Fire Extinguishing Systems for New Buildings
SPrtion 1003.2 2 item 6 is added to read as follows:
6. In all new buildings where the fire flow for the building, in accordance with
Appendix III-A, exceeds 2,000 gallons per minute or, is three (3) or more stories in
height or, the floor area exceeds 10,000 square feet.
16.40.240 Fire Extinguishing Systems for Existing Buildings
fiction 1003 2 2 item 7 is added to read as follows•
7. In all existing buildings when modifications are made that increases the fire flow,
in accordance with Appendix III-A, to more than 2,000 gallons per minute or,
increases the number of stories to three (3) or more or, increases the floor area to
more than 10,000 square feet.
16.40.250 Monitoring Fire Extinguishing Systems.
Section 10071 3 is added to read as follows•
1007.1.3. Monitoring of fire extinguishing systems. When a fire alarm system is
installed in a building, the system shall monitor all fire extinguishing systems.
Activation of any fire extinguishing system shall send an alarm signal to the fire
. alarm control panel and initiate the alarm signaling devices.
16.40.260 Immersion Heaters.
Section 1107.3 is added to read as follows:
1107.3 Immersion heaters. All electrical immersion heaters used in dip tanks, sinks,
vats and similar operations shall be provided with approved over-temperature
controls and low liquid level electrical disconnects. Manual reset of required
protection devices shall be provided.
16.40.270 Fuel Dispensing Nozzles
Section 5202.4.4.2. first and second paragraphs, are amended to read as follows:
5202.4.4.2 Nozzles. A listed automatic-closing-type hose nozzle valve with alatch-
open device shall be provided on island-type dispensers used for dispensing Class
I,II or III-A liquids.
Overhead-type dispensing units shall be provided with a listed automatic-closing-
type hose nozzle valve with alatch-open device.
16.40.280
SPCtion 6301 is amended to read as follows:
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SECTION 6301- SCOPE
• Refrigeration unit and system installations having a refrigerant circuit containing
more than 220 pounds (100 kg) of Group Al or 30 pounds (13.6 kg) of any other
group refrigerant shall be in accordance with Article 63 and the Mechanical Code.
See the Mechanical Code foc refrigerant group descriptions. See also Sections
8001.1.2, 8001.16.7, and
EXCEPTION: The chief is authorized to exempt temporary or portable installations.
16.40.290 Flammable And Combustible Liquids-Plans
~Stion 7901.3.2 is amended to read as follows:
7901.3.2 Plans. Plans shall be submitted with each application for a permit to store
liquids outside of buildings in drums or tanks. The plans shall indicate the method
of storage, quantities to be stored, distances from buildings and property lines,
accessways, fire-protection facilities, and provisions Eor spill control and secondary
containment.
16.40.300 Flammable And Combustible Liquids-Monitoring
Section 7901.13 is added to read a follow
7901.13 Monitoring. Monitoring of flammable and combustible liquid storage/use
• systems shall be provided on a regular or continuous basis, The monitoring system
and its frequency shall be included in the Business Plan if otherwise required or
shall be in writing for approval by the chief. Monitoring methods may include but
are not limited to the following;
1. Visual inspection, on weekly or more frequent basis. (requires trained personnel
and documentation).
2. Continuous leak detection and alarm system.
3. Any system which will provide continuous, reliable monitoring of the primary
container(s) capable of alerting occupants to an alarm or trouble condition; all
systems are subject to approval by the chief. "
16.40.310 Flammable And Combustible Liquids-Containment
Section 790114 is added to read a follows•
7901.14 Containment requirements. A containment system shall be required for all
flammable and combustible liquids. Construction shall be substantial, capable of
safely and securely containing a sudden release without discharge. Design criteria
shall be performance oriented and constructed of compatible materials to resist
• degradation and provide structural and functional integrity for a period of time
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reasonably necessary to ensure detection, mitigation, and repair of the primary
system.
The Chief may require outside containment areas to be covered with a roof or
canopy for protection from the environment.
16.40.320 Flammable And Combustible Liquids-Tank Locations
S~pction 7902.2.2.1 is amended to read as follows:
7902.2.2.1 Locations where above ground tanks are prohibited. The storage of Class I,
II and III-A liquids in aboveground tanks outside of buildings is permitted only in
locations not prohibited by this ordinance, or as otherwise approved by the Chief,
and shall be installed as follows:
1. Double wall steel aboveground tanks may be used for the storage of Class II
liquids, including integral diesel fuel storage tanks for generators or fire pumps,
which are listed and limited to an individual or aggregate capacity of 660 gallons.
Such tanks shall be located a minimum of ten (10) feet from any building and a
minimum of twenty (20) feet from a property line which is or can be built upon.
2. Protected aboveground storage tanks may be used to store diesel fuel used to
power generators or fire pumps which do not exceed 4,000 gallons individual
capacity or 16,000 gallon aggregate capacity. Such tanks shall be designed and
i installed in accordance with Appendix II-F as amended.
3. The storage of class I and II liquids in protected aboveground storage tanks used
for dispensing fuel for motor vehicles when such tanks are approved by the Fire
Chief, and are installed and maintained in accordance with Article 79 and Appendix
II-F as amended.
16.40.330 Liquefied Petroleum Gases-Permits And Plans
8202.1 Permits and plans.
Where a single container is over 125 gallons water capacity or the aggregate capacity
of containers is over 125 gallon water capacity, the installer shall submit plans for
such installations.
16.40.340 Toxic Gases.
Article 91 is added to read as followc•
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• DIVISION I. PURPOSE AND DEFINITION.
SEC. 91.100. Scope.
This article applies to all new and existing facilities where regulated
materials subject to this article are present. In the event of conflicting
or overlapping regulatory provisions with other hazardous materials
laws, regulations, codes, or ordinances_and this article, the most
stringent requirement shall be applied. In the event of conflicting or
overlapping regulatory provisions with a Federal law or State law or
regulation, unless the application of this article is expressly preempted
by an act of Congress or enactment of the Legislature, the more
stringent requirement shall apply. This article shall not apply to the
registration and application of pesticides since this is preempted by an
Act of Congress. Handling and storage of pesticide cylinders, however,
shall comply with all requirements of this article.
SEC. 91.101. Definitions -General
Unless the context otherwise requires, the words and phrases in this
article shall have the meanings set forth in this Division I and shall
• govern the construction of this article. For words and phrases not
defined in this article, the definitions set forth in Article 2 of the
California Fire Code shall apply.
SEC. 91.101.1 Class I material
A material that has a median lethal concentration (LCSO) in alt of 200
parts per million or less by volume of gas or vapor, or 2 milligrams per
liter or less of mist, fume or dust, when administered by continuous
inhalation for an hour, or less if death occurs within one hour, to
albino rats weighing between 200 and 300 grams each.
SEC. 91.101.2 Class II material
A material that has a median lethal concentration (LCD) in air more
than 200 parts per million but not more than 3,000 parts per million by
volume of gas or vapor, or more than 2 milligrams per liter but not
more than 30 milligrams per liter of mist, fume or dust, when
administered by continuous inhalation for an hour, or less if death
occurs within one hour, to albino rats weighing between 200 and 300
grams each.
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SEC. 91.101.3 Class III material
A material that has a median lethal concentration (LCso) in air more
than 3,000 parts per million but not more than 5,000 parts per million
by volume of gas or vapor, or more than 30 milligrams per liter but not
more than 50 milligrams per liter of mist, fume or dust, when
administered by continuous inhalation for an hour, or less if death
occurs within one hour, to albino rats weighing between 200 and 300
grams each.
SEC. 91.102. Controls.
"Controls" are means to regulate materials to prevent unauthorized
', discharges.
SEC. 91.103. Control area.
"Control area" means a space within a building where regulated
materials may be stored, handled, dispensed or used. The control area
is an area formed by one or more of the following:
a. An occupancy separation with a minimum one-hour fire-resistive
rating, or
b. The exterior wall, roof or foundation of the building.
A maximum of four control areas shall be permitted within a building
except buildings or portions of buildings used for retail sales, which
shall have a maximum of two control areas; otherwise, the entire
building shall be considered an "H" occupancy and shall meet the
requirements of this occupancy as set forth in the California Fire Code.
SEC. 91.105. Excess flow control.
"Excess flow control" means afail-safe system designed to shut off flow d_ ue to
rupture in pressurized piping systems.
SEC. 91.105.1. Exterior storage.
"Exterior storage" means a storage area enclosed by no more than two
(2) contiguous walls.
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• SEC. 91.106. Facility.
"Facility" means any building, structure, installation, equipment, pipe,
container, site, area, appurtenant structure or surrounding land area
where regulated materials are stored, used, dispensed, handled, placed
or otherwise have come to be located.
SEC. 91.107. Fire code.
"Fire code" means the California Fire Code,
SEC. 91.109. IDLH (immediately dangerous to life and health).
"IDLH (immediately dangerous to life and health)" means a
concentration of airborne contaminants, normally expressed in parts
per million (ppm) or milligrams per cubic meter, which represents the
maximum level from which one could escape within thirty (30)
minutes without any escape-impairing systems or irreversible health
effects. This level is established by the National Institute of
Occupational Safety and Health (NIOSH). If adequate data do not exist
• for precise establishment of IDLH data, an independent certified
industrial hygienist, industrial toxicologist or appropriate regulatory
agency shall make such determination.
SEC 91.110. Inert construction materials.
"Inert construction materials" means materials which, under
reasonably foreseeable conditions, will not degrade or react upon
contact with the regulated material to be contained.
SEC. 91.112. Lethal concentration (LC~o).
"Lethal concentration" (LCso) means the median lethal concentration
level, at which fifty percent (50%) of appropriate test animals die when
exposed by inhalation for a scientifically appropriate specified time
period. For the purposes of this chapter, LCD values for a particular
regulated material shall be those established by the Department of
Transportation (D.O.T.). If D.O.T. has not established an LCD value
for a particular regulated material, the LCD value established by the
Compressed Gas Association (CGA) shall be used. If neither D.O.T nor
• CGA has established an LCD value for a particular regulated material,
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• the Fire Chief or his designee may use LCD values from other available
scientific sources.
SEC. 91.113. Lethal concentration low (LCLo).
"Lethal concentration low" (LCLo) means the lowest concentration of a
chemical at which some test animals died following inhalation
exposure.
SEC. 91.114. Lethal dose median (LDS).
"Lethal dose median" (LDso) means the dose at which fifty percent
(50%) of test animals die following exposure. The lethal dose is given
in milligrams per kilogram of body weight of the test animals.
SEC. 91.115. Lethal dose low (LDLo).
"Lethal dose low" (LDLo) means the lowest dose of a chemical at which
some test animals died following exposure.
SEC. 91.117. Maximum threshold quantity (Max. T.Q.).
"Maximum threshold quantity" (Max. T.Q.) means the maximum
quantity of a Class II or Class III regulated material which may be stored
in a single vessel before a stricter category of regulation is required by
this article. Max. T.Q. is determined by the following equation:
Mu T.Q. (pounds) : LC„ Ippm) X 2
For the purpose of calculating the Max. T.Q., storage tank, cylinder and
piping systems which can be isolated in a manner approved by the Fire
Chief or his designee may be designated as a separate storage vessel. -
SEC. 91.118. Minimum threshold quantity (Min. T.Q.).
"Minimum threshold quantity" (Min. T.Q.) means the aggregate
quantity of a single regulated material in a control area which, due to
the minimal aggregate quantities present, need only comply with
specific control requirements established in Division VIII and Division
• II of this article and not with the specific requirements for Class I, II or
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• III regulated materials. Min. T.Q. for mixtures shall be based on the
aggregate weight of the regulated components.
For all regulated materials: Min. T.Q.. 2 pounds or less.
Minimum threshold quantity controls are set forth in Division VIII of
this article.
SEC. 91.119. Permissible exposure limit (PEL).
"Permissible exposure limit" (PEL) means the maximum permitted
eight-hour time-weighted average concentration of an airborne
contaminant. The maximum permitted time-weighted average
exposures are set forth in 29 CFR 1910.1000, as it may be amended from
time to time.
SEC. 91.120. Person.
"Person" means an individual, trust, firm, joint stock company,
corporation, partnership, association or other business activity, city,
county, district, the State, any department or agency thereof, or the
• United States, to the extent authorized by law.
SEC. 91.121. Portable tank.
"Portable tank" means any packaging over sixty (60) U.S. gallons
capacity and designed primarily to be loaded into or on or temporarily
attached to a transport vehicle or ship, and equipped with skids,
mounting or accessories to facilitate handling of the tank by
mechanical means. It does not include any cylinder having more than
one thousand (1,000) pounds water capacity, cargo tank, tank car tank
or trailers carrying cylinders of over one thousand (1,000) pounds water
capacity.
SEC. 91.122. Reduced flow valve.
"Reduced flow valve" means a valve equipped with a restricted flow
orifice and inserted into a compressed gas cylinder, portable tank or
stationary tank that is designed to reduce the maximum flow from the
valve under full-flow conditions. The maximum flow rate from the
valve is determined with the valve allowed to flow to atmosphere
• with no other piping or fittings attached.
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• SEC. 91.123. Regulated materials.
"Regulated materials" are all materials, regardless of form (i.e., liquid,
solid or gas) which meet the criteria established by Section 91.205,
below.
SEC. 91.191. Responsible persons.
"Responsible persons" means permittees under this article, owners,
managers and persons responsible for the day-to-day operation of any
facility subject to this article.
SEC. 91.125. Stationary tank.
"Stationary tank" means any packaging designed primarily for
stationary installations not intended for loading, unloading, transport
or attachment to a transport vehicle as part of its normal operation in
the process of use. It does not include cylinders having less than one
thousand (1,000) pounds water capacity.
• SEC. 91.127. Unauthorized discharge.
"Unauthorized discharge" means releasing, spilling, leaking, pumping,
pouring, emitting, emptying, injecting, escaping, leaching, dumping or
disposing of a regulated material into the environment, including any
sewer, stone drain, ditch, drainage canal, lake, river or tidal waterway,
surface water, ground water, land surface, sidewalk, street or highway,
subsurface strata or ambient air except:
a. A "Federally permitted release" as that term is defined in Sec. 101
of the Comprehensive Environmental Response, Compensation and
Liability Act, 42 UFC Sec. 9602(10), or pursuant to a permit of the Bay
Area Air Quality Management District, or waste discharge
requirements of the San Francisco Bay Regional Water Quality Control
Board or local wastewater pretreatment requirements for publicly
owned treatment works; or
b. The normal application of materials used in weed abatement,
erosion control, soil amendment or similar application when used in
accordance with manufacturer's instructions or nationally recognized
standards.
•
11~
1 1
• DIVISION II. SPECIAL PROVISIONS.
SEC. 91.200. General 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 Division II apply to all regulated materials, including
Class I, Class II, Class III and minimum threshold quantities of
regulated materials.
SEC. 91.205. Regulated materials.
"Regulated materials," including but not limited to gases, are those
materials which meet the following criteria:
1. The materials fall under the definition of Class I, Class II or
Class III materials; and
2. The materials meet either of the following criteria:
(a) 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
(b) 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 Sec. 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.
SEC. 91.210. General obligation.
No person shall cause, suffer or permit the storage, handling, use or
dispensing of materials regulated by this article:
1. 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
2. In a manner which causes an unauthorized discharge or which
imposes a significant risk of such unauthorized discharge.
~1,
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.
SEC. 91.215. Permits and System Upgrades.
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
Division X of this article.
The extent of system upgrades shall be determined by the following
conditions:
1. If a building permit is required for a piping modification, then
upgrading of the entire system for that gas shall be required.
2. 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.
SEC. 91.222. Closure.
• It shall be 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 (30) 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 (30) day
period upon a finding of good cause.
SEC. 91.225. Seismic protection.
Persons responsible for a facility with one or more stationary tanks and
piping systems used for regulated materials shall cause such tanks and
` l~
' 1 1
piping systems to be seismically braced in accordance with the
provisions of the California Building Code.
SEC. 91.230. Security.
Responsible persons shall cause facilities where materials subject to
this article are stored, handled, dispensed or used to be secured against
unauthorized entry.
5EC. 91.235. Breathing apparatus.
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.
SEC. 91.240. Incompatible materials.
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 (1)
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).
~ ,.
~, , . .
• SEC. 91.245. Leak testing.
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.
SEC. 91.250. Protective plugs and caps.
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.
SEC. 91.255. Emergency response plan.
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.
SEC. 91.257. Emergency response teams.
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 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
fire department and shall be prepared to respond in an emergency.
•
f, ~ 'i
• SEC. 91.260. Emergency drills.
Responsible persons shall cause emergency drills of each on-site
emergency response team to be conducted not less frequently than once
every three (3) months. Records of drills conducted shall be
maintained at the facility for three (3j years and shall be made available
for inspection upon request by the fire chief or his designee.
SEC. 91.265. Annual maintenance.
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 certificationg shall be available to the fire chief or his
designee upon inspection or request.
SEC. 91.270. Flow-limiting orifices and devices for Class I materials.
All containers of materials other than lecture bottles classified as Class I
• regulated materials and having a vapor pressure exceeding 29 psia,
shall be equipped with aflow-restricting orifice, when commercially
available. If aflow-restricting orifice is not available, the container
shall be used with aflow-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.
SEC. 91.275. Fire extinguishing systems.
Except as provided in subsection "c' below, responsible persons shall
cause ali 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 (3,000) 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.
Ir1
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.
DIVISION III. CLASSIFICATION OF MATERIALS.
SEC. 91.300. General.
Regulated materials shall be classified as Class I, Class II, Class III or
Min. T.Q. materials as defined in Division I.
SEC. 91.305. Exempt amounts.
Except as provided in paragraph two below, any single regulated material which
would otherwise be regulated is exempt from regulation under this article if:
i. The aggregate quantity of any single regulated material in a control area or
exterior storage does not exceed the Min. T.Q.; and
2. The quantity of the material in a single vessel does not exceed the amounts
specified as follows:
• i. 1 pound; or
ii. a concentration below the Permissible Exposure Limit (PEL); and
3. The aggregate quantity of all regulated materials in a control area or exterior
storage does not exceed the exempt amounts specified in Article 80 of the currently
adopted edition of the California Fire Code.
SEC. 91.310. Calculations for Determining the Class of Mixtures.
The LCso value for mixtures containing regulated materials shall be
calculated using the following formula:
t
LCD of Gas Mixture (ppm) _
(molaz fraction of toxic component)/(ppm LCD of toxic
component)
C,
J
• If more than one toxic component is present, the LCso value shall be
calculated using the following formula:
t
LCD of Gas Mixture (ppm) _
n
A ~ ~fi~ ~ ~LCsa~
i =1
where f; is the mole fraction of the ith toxic component of the gas
mixture and LCD; is the LCD of the i`s toxic component of the gas
mixture.
DIVISION IV. HAZARD CLASSIFICATION AND CONTROL TABLE.
SEC. 91.400. General.
The requirements for controls for the use or indoor storage of regulated
materials shall be cumulative as the hazard class of regulated material
increases in accordance with the following table:
HAZARD CLASSIFlCATIONS AND CONTROLS
• Hazard Classification Huard Controls
Class 1 Includes Division II, Class 1, Class II, Class [II, minimum
threshold quantity and exempt amount eontro4
Clus II Includes Diviaion II, Class II, Clus III, minimum threshold
quantity and exempt amount controls
Class 111 Ineludn Division I/, Clau lI/, minimum threshold quantity and
exempt amount controls
Minimum Threshold Includes Division IL minimum Threshold quantity and exempt
amount
Quantity controls
Exempt Amounts Other applicable statutes, codes and ordinances
All control equipment for materials regulated by this article shall meet
appropriate nationally recognized standards, if any, approved by the
fire chief or his designee.
Halogenated, non-carbon based gases may hydrolyze to their base
mineral acid upon contact with moisture. Therefore, the monitoring
and compatibility requirements of this article shall apply to their
decomposition products.
•
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DIVISION V. CLASS I CONTROLS.
SEC. 91.500. Class I controls.
Persons responsible for any facility where Class I materials are present
shall comply with all of the requirements of Division II and Divisions
V, VI, VII and VIII of this article.
SEC. 91.505. Piping.
Piping for Class I materials shall be designed and fabricated from
materials compatible with the material to be contained. Piping shall be
of strength and durability sufficient to withstand the pressure,
structural and seismic stress and exposure to which it may be subjected,
as required by the California Building Code.
Secondary containment shall be provided for piping for Class I
materials. T'he secondary containment shall be capable of directing a
sudden release into an approved discharge treatment system and shall
be monitored continually with a continuous gas monitoring system
approved by the fire chief or his designee. Secondary containment
• includes, but is not limited to, doublewalled piping. Secondary
containment for piping under sub-atmospheric conditions may not be
required if the piping is equipped with an alarm and cylinder fail-safe-
to-close valve activated by a loss of vacuum.
SEC. 91.510. Automatic shutoff.
An automatic shutoff valve which is of "fail-safe to close" design shall
be provided. Each of the following shall activate automatic shutoff:
a. Gas detection at PEL in occupiable areas; at 1/2 IDLH (or 0.05 LCD if
no established IDLH) in unoccupiable areas; _
b. Manual activation of emergency shutoff valves, from remote
locations;
c. Failure of emergency power;
d. Seismic activity;
e. Failure of primary containment;
f. Activation of manual fire alarm;
g. Failure of required exhaust flow ventilation rate.
~ , ,. ~, ,
• SEC. 91.515. Emergency conhol station.
Signals from emergency equipment shall be transmitted to an
emergency control station which is continually staffed by trained
personnel. Continual staffing shall not be required during periods
when regulated materials have been purged from all process piping
and equipment and are no longer being used or dispensed.
DIVISION VI. CLASS II CONTROLS.
SEC. 91.600. Class II controls.
Responsible persons shall cause materials which are classified as Class
II materials to be provided with the controls specified in Division II
and Divisions VI, VII and VIII of this article.
SEC. 91.605. Connections.
Piping and tubing for Class II materials shall be installed in accordance
with appropriate nationally recognized standards, if any, approved by
• the fire chief or his designee and shall have welded connections
compatible with the regulated material throughout unless an
exhausted enclosure is provided.
Material which is not compatible with ferrous piping may be installed
in nonferrous piping approved by the fire chief or his designee.
Where connections other than welding connections meet appropriate
nationally recognized industry standards, if any, a person responsible
for a facility may seek an exception from the fire chief or his designee.
A request for exception and a fee as set by the schedule of fees as
adopted by the council shall be filed with the fire chief or his designee
for approval. The request shall document the standards and reason for
the exception.
SEC. 91.610. Local gas shutoff.
Manual activation controls for local gas shutoff shall be provided at
locations near the point of use and near the source, as approved by the
fire chief or his designee. The fire chief or his designee may require
additional controls at other places, including but not limited to the
• entry to the building, the area in the building where regulated
:, ~
• materials are stored or used and emergency control stations. Manually
activated shutoff valves shall be of "fail-safe to close" design.
SEC. 91.615. Emergency power.
Emergency power shall be provided for:
a. Exhaust ventilation, including the power supply for treatment
systems;
b. Gas detection systems;
c. Emergency alarm systems;
d. Temperature control systems which comply with the California
Fire Code.
SEC. 91.620. Excess flow control.
Portable tanks and cylinders containing Class II material shall be
provided with excess flow control. Excess flow control shall be
permanently marked to indicate the maximum design flow rate.
• SEC. 91.625. Gas detection.
A continuous gas detection system shall be provided to detect the
presence of a gas at or below the permissible exposure limit in
occupiable areas and at or below 1/2 IDLH (or 0.05 LCD if no established
IDLH) in unoccupiable areas. The detection system shall initiate a local
alarm and transmit a signal to a continually staffed remote location (to
provide an immediate response to an alarm). The alarm shall be both
visual and audible and shall be designed to provide warning both
inside and outside of the interior storage, use or handling area. The
audible alarm shall be distinct from all other on-site alarms.
SEC. 91.630. Exhaust ventilation monitoring.
A continuous monitoring system shall be provided to assure that the
required exhaust ventilation rate is maintained. The monitoring
system shall initiate a local alarm. The alarm shall be both visual and
audible and shall be designed to provide warning both inside and
outside of the interior storage, use or handling area.
1 ~ ,
SEC. 91.635. Seismic shutoff valves.
• A seismically activated valve meeting standards approved by the fire
chief or his designee shall be provided for an automatic shutoff of
regulated materials.
SEC. 91.640. Class II corrosives.
Inert construction materials shall be used for the primary containment
of Class II regulated materials which are corrosive. Alternatively,
secondary containment shall be provided for Class II materials which
are corrosive.
SEC. 91.645. Emergency alarms.
When materials regulated by this article are transported through exit
corridors or exit enclosures, there shall be an emergency telephone
system or a local manual alarm station or a signaling device approved
by the fire chief or his designee at not more than one hundred fifty
(150) foot intervals and at each exit doorway throughout the transport
route. The signals shall be relayed to an approved central, proprietary
• or remote station service or a constantly attended on-site location and
shall also initiate a local audible alarm.
DIVISION VII. CLASS III CONTROLS.
SEC 91.700. Class III controls.
Persons responsible for a facility shall cause materials which are
classified as Class III materials to be provided with the controls
specified in Division II and Divisions VII and VIII of this article.
SEC. 91.705. Piping, valves and fittings.
Piping, valves, fittings and related components shall be designed and
fabricated from materials compatible with the material to be contained.
They shall have strength and durability sufficient to withstand the
pressure, structural, seismic and any other stress and exposure to
which they may be subjected.
L~
~`~ 1 ~ , t
• Expansion chambers shall be provided between valves whenever
appropriate in accordance with nationally recognized standards
approved by the fire chief or his designee. Chambers shall be sized to
provide protection for piping, valves and instrumentation and to
accommodate the expansion of regulated materials.
SEC. 91.710. Signage.
•
Stationary above-ground tanks shall be placarded with hazard
identification signs as specified in the California Fire Code, Standard
79-3, for the specific material contained.
Signs prohibiting smoking shall be posted in indoor storage, use and
handling areas and within twenty-five (25) feet of outdoor storage, use
and handling areas, except within buildings designated as "No
Smoking" buildings and shall be as follows:
a. Signs shall not be obscured or removed.
b. Signs shall be in English and other such languages as may be
appropriate, as determined by the fire chief or his designee.
c. Signs shall be durable.
d. The size, color and lettering shall be in conformance with
nationally recognized standards determined by the fire chief or his
designee to be applicable to the regulated material.
SEC. 91.715. Inert gas purge system.
Gas systems for regulated materials shall be provided with individually
dedicated inert gas purge systems (e.g., nitrogen, helium, argon and
neon). A dedicated inert gas purge system may be used to purge more
than one gas, provided the gases are compatible. Purge gas systems
shall be located in an approved gas cabinet unless the system operates
by vacuum demand.
DIVISION VIII. MINIMUM THRESHOLD QUANTITY CONTROLS.
SEC. 91.800. Minimum threshold quantity controls.
Responsible persons shall cause materials which do not exceed the
minimum threshold quantity as defined in Sec. 91.118 to be provided
with controls specified in Division II and Division VIII of this article.
~. ,~
. SEC. 91.805. Exhaust ventilation.
Storage of cylinders shalt be within ventilated gas cabinets, exhausted
enclosures or within a ventilated separate gas storage room as defined
in the California Fire Code.
Storage of portable and stationary tanks shall be within a separate
ventilated room without other occupancy or use. If gas cabinets are
pravided, the room orarea in which they are located shall have inde-
pendent exhaust ventilation when properly exhausted cabinets are not
utilized. Exhaust systems for gas cabinets, exhausted enclosures and
separate gas storage rooms shall be designed to handle the accidental
release of gas. Such exhaust systems shall be capable of diluting,
adsorbing, neutralizing, burning or otherwise processing the entire
contents of the single tank or cylinder of gas which presents the highest
potential hazard. Systems utilized for such processing shall be designed
as a treatment system, as described in Section 91.815, below. If a total
containment system is utilized, the system shall be designed to handle
the maximum anticipated pressure of release to the system when the
system reaches equilibrium.
. SEC. 91.810. Gas cabinets.
When gas cabinets are provided, they shall be:
a. Operated at negative pressure in relation to their surrounding
area;
b. Provided with self-closing limited access ports or fire-rated
windows to give access to equipment controls. The average velocity of
ventilation at the face of access ports or windows shall be not less than
two hundred (200) feet per minute (FPM) with a minimum of one
hundred fifty (150) FPM at any point of the access port or window;
c. Connected to a treatment system;
d. Provided with self-closing doors;
e. Constructed of steel with a thickness of not less than twelve (12)
gauge.
SEC. 91.815. Treatment systems.
Treatment systems shall be utilized to process all exhaust ventilation to be
discharged from gas cabinets, exhausted enclosures or separate storage rooms.
Treatment systems shall be designed to reduce the maximum allowable discharge
concentration of the gas to one-half (1 /2) IDLH (or 0.05 LC50 if no established IDLH)
• at the point of discharge to the atmosphere as specified below. When more than one
gas may be emitted to the treatment system, the treatment system shall be designed
r,( ,~~
• to handle the worst-case release based on the release rate, the quantity and the IDLH
(or 0.1 LC50 if no established IDLH) for all the gases stored or used.In the event that a
revised IDLH is published, the City shall establish a new timetable for existing
facilities to upgrade their treatment systems to meet the revised IDLH value.
SEC. 91.820. Treatment systems sizing.
Treatment systems shall be sized to process the worst-case release of
each gas based on the maximum flow rate of release from the cylinder
or tank utilized which presents the highest potential hazard. The
entire contents of tanks and cylinders shall be considered.
SEC. 91.825. Stationary tanks.
Stationary tanks shall be labeled with the maximum rate of release for
the gas contained based on any valves or fittings that are inserted
directly into the tank.
If multiple valves or fittings are provided, the maximum flow rate of
release for the valve or fitting with the highest flow rate shall be
indicated. If liquefied gases are in contact with any valve or fitting, the
liquid flow rate shall be utilized for purposes of computation of the
maximum flow rate of release. All flow rates indicated on the label
shall be converted to cubic feet per minute of gas at normal
temperature and pressure.
SEC. 91.830. Portable tanks and cylinders.
For portable tanks and cylinders, the maximum flow rate of release
shall be calculated based on the actual release data or calculations using
actual valve manufacturer's specifications. When this data is not
available, the maximum flow rate of release shall be calculated based _
on the total release from the cylinder or tank within the time specified
in the table below:
Nonliquefied I3quefied
Conhiner IMinutea) (Minutes)
Cylinden S JO
Portable Tanks 60 240
When portable tanks or cylinders are equipped with approved reduced
flow orifices in the cylinder valve, the worst-case release may be
• determined by the maximum achievable flow through the orifice as
' ,!
• determined by the valve manufacturer or the gas supplier. Reduced
flow and excess flow valves shall be permanently marked to indicate
the maximum design flow rate. Such markings shall indicate the flow
rate for air under standard conditions. Lettering shall be 1/4" high,
minimum ,and be in contrast to the color is it printed upon.
When cylinders are manifolded together, the maximum release rate
shall be the sum of the release rates for all of the manifolded cylinders.
SEC. 91.835. Piping and controls.
All primary piping for regulated materials shall pass a helium leak test
of 1x10"9 cubic centimeters/second where practical, or other nationally
recognized standard. Tests shall be conducted by a qualified "third
party" not involved with the construction of the piping and control
systems.
DIVISION IX. EXTERIOR STORAGE.
SEC. 91.900. General.
• Persons responsible for a facility where there is exterior storage of any
regulated material shall comply with the provisions of Division II,
Division III and Division IX of this article and of the California Fire
Code.
SEC. 91.905. Distance limitation to exposures.
Exterior storage of regulated materials shall not be within seventy-five
(75) feet of a building, structure, property line, street, alley, public way
or exit to a public way unless the storage is shielded by a structure
which has a minimum fire-resistive rating of two (2) hours and which
interrupts the line of sight between the storage and the exposure. The
shieldn~g structure shall be at least five (5) feet from any exposure.
SEC. 91.910. Openings in buildings subject to exposure.
Notwithstanding Section 91.905, when an exterior storage area is
located within seventy-five (75) feet of a building, openings into the
building other than piping shall not be above the height of the top of
the shielding structure referred to in Section 91.905 or within fifty (50)
feet horizontally from the exterior storage area, whether or not
• protected by a shielding structure.
. . ~
SEC. 91.915. Air intakes.
• No exterior storage area for regulated materials shall be within
seventy-five (75) feet of any air intake.
SEC. 91.920. Canopies.
Portable tanks and cylinders stored outside of buildings shall be stored
under a canopy constructed of noncombustible materials. Such exterior
storage shall not be considered indoor storage. An automatic fire
sprinkler system, or alternative systems as determined by the fire chief
or his designee for materials incompatible with water, shall be
provided for canopies installed for the storage of regulated materials.
SEC. 91.925. Stationary tank controls.
Controls on stationary tanks shall be in accordance with the following:
a. Pressure relief devices shall be vented to a treatment system
designed in accordance with the provisions of Section 91.815 of this
article.
. b. Where filling or dispensing connections are provided, they 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 designed in accordance with the provisions of Sec.
91.815 of this article.
c. Stationary tanks shall be provided with a means of excess flow
control on all tank inlet or outlet connections. Inlet connections that
are designed to preclude backflow and pressure relief devices are
exempt from this requirement.
SEC. 91.930. Gas cabinets for leaking cylinders.
At least one gas cabinet or exhausted enclosure shall be provided for
the handling of leaking cylinders. The cabinet or enclosure shall be
within or adjacent to the exterior storage area and connected to a
treatment system as specified in Section 91.815 of this article.
A gas cabinet or exhausted enclosure need not be provided for leaking
cylinders if all cylinders are stored within gas cabinets or exhausted
enclosures and the exhaust is directed to a treatment system designed
in accordance with the provisions of Section 91.815 of this article.
•
`~ ~ 1 ' +
Encapsulating equipment or other equipment designed to contain
• high-pressure cylinders and their contents as approved by the fire chief
or his designee shall be acceptable in meeting the intent of this section
in lieu of gas cabinets or exhausted enclosures.
SEC. 91.935. Local exhaust for leaking portable tanks.
A means of local exhaust shall be provided to capture regulated
material leaking from portable tanks. The local exhaust may consist of
portable ducts or collection systems designed to be applied to the site of
a leak in a valve or fitting on the tank. The local exhaust system shall
be connected to a treatment system as specified in Section 91.815 of this
article. A local exhaust system shall be provided within or immediately
adjacent to every storage area and within separate gas storage rooms
used for portable tanks.
SEC. 91.940. Tank cars and piping.
The provisions of this article shall not apply to tank cars which meet
all requirements of the U.S. Department of Transportation, while such
• tank cars are used for the transportation and unloading of regulated
material, as such terms are used in the Hazardous Materials
Transportation Act, 49 U.S.C. Sec. 1801 et seq. "Unloading" does not
include the use of tank cars to store regulated materials.
The provisions of this article shall apply to piping and control systems,
automatic shutoff valves, emergency control stations, gas detection
systems, treatment systems and alarm systems used with piping which
connects tank cars to facilities for the unloading and delivery of
regulated material, and to tank cars used to store regulated materials.
DMSION X. PERMIT PROCESS.
SEC. 91.960. General.
Responsible persons shall obtain and keep current a "regulated
materials permit." The process and procedures set forth in the
California Fire Code as well as local hazardous materials storage
ordinances shall govern regulated materials.
r~ ,~ ;~
• 16.40.350 Protected Aboveground Tanks For Fuel-Dispensing Stations -Standards
Section 4.1 of Appendix II-F is amended to read as follows:
4.1 General. Protected aboveground tanks shall be listed and shall meet the
requirements specified in UFC Standard 79-7, UL 2085 and shall be labeled
accordingly.
16.40.360 Protected Aboveground Tanks For Fuel-Dispensing Stations -Size
Section 4.3 of Appendix II-F is amended to read. as follows:
4.3 Size. Primary tanks shall not exceed a 2,000 gallon individual or 6,000 gallon
aggregate capacity.
16.40.370 Fire Hydrant Locations And Distribution
Section 5 of Appendix III-B is amended to read as follows:
SECTION 5 -DISTRIBUTION OF FIRE HYDRANTS
The average spacing between fire hydrants shall not exceed that listed in Table A-III-
B-1.
EXCEPTION: The maximum spacing of hydrants in commercial areas shall be 250
feet.
• Regardless of the average spacing, fire hydrants shall be located such that all points
on streets and access roads adjacent to a building are within the distances listed in
Table A-III-B-1.
16.40.380 Suppression And Control Of Hazardous Fire Areas
Section 16.3 is added to Appendix II-A to read as follows:
16.3 Firebreak Vegetation. When brush or vegetation growth is removed and
cleared away to provide a firebreak as required by this section, suitable growth which
will not form a means of rapidly transmitting fire shall be planted in such a manner
so as to reduce the possibility of erosion.
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EXPRESS FINDINGS
• dF~n ing_A
The City of Cupertino is situated adjacent to active earthquake faults capable
of producing substantial seismic events. Since the City is divided by major
freeways and expressways, the occurrence of a major earthquake would
significantly impact the ability of fire crews to respond to emergencies should
one or more freeway/expressway bridges collapse or be substantially damaged.
Additionally, fire suppression capabilities will be severely limited should the
water system be extensively damaged during the seismic event. Therefore,
mitigation measures are necessary such as; automatic fire suppression
systems, fire hydrants, detection systems, exposure protection, seismic
protection, and safety controls for hazardous materials in order to minimize
the risks to persons and property due to potential response delays.
16.40.210 Water Supplies
16.40.220 Fire Extinguishing System Standards
16.40.230 Fire Extinguishing Systems for New Buildings
16.40.240 Fire Extinguishing Systems for Existing Buildings
16.40.250 Monitoring Fire Extinguishing Systems.
16.40.260 Immersion Heaters.
• 16.40.270 Fuel Dispensing Nozzles
16.40.280 Refrigeration
16.40.300 Flammable And Combustible Liquids-Monitoring
16.40.310 Flammable And Combustible Liquids-Containment
16.40.320 Flammable And Combustible Liquids-Tank Locations
16.40.340 Toxic Gases.
16.40.350 Protected Aboveground Tanks For Fuel-Dispensing Stations
Standards
16.40.360 Protected Aboveground Tanks For Fuel-Dispensing Stations -Size
16.40.370 Fire Hydrant Locations And Distribution
The City of Cupertino experiences low humidity, high winds and warm
temperatures during the summer months creating conditions which are
particularly conducive to the ignition and spread of grass, brush and structure
fires. Additionally, the remoteness and steepness of hillside areas in the City
significantly impacts the ability of emergency responders to extinguish or
control wildland or structure fires. These factors cumulatively mandate
special provisions for the creation of defensible space around homes in the
hillside areas.
• Finding B applies to thg following itv of ~perti_no Fire Code amendmen, t
16.40.380 Suppression And Control Of Hazardous Fire Areas
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STATE OF CALIFORNIA )
COUNTY OF SANTA CLARA )
CITY OF CUPERTINO )
I, KIMBERLY SMITH, City Clerk and ex-officio Clerk of the City
Council of tl~e City of Cupertino, California, do hereby certify the attached
to be a true and correct copy of Ordinance No. ~ S ~- ~ ,which
was enacted on zc. ~~(I ~ C/ ,and that it has
been published or posted pursuant to law (G.C. 40806).
IN WITNESS WHEREOF, I have hereunto set my hand and seal this
'. yn_ day of ~',,t~t~ , 19 `~l
~.
KIMBERLY SMITH, City Clerk and Ex-officio Clerk
of the City Council of the City of Cupertino, California