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5145a ORDINANCE NO. 5145 AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING SECTION 16.08.100 OF CHAPTER 16.08 OF TITLE 16 OF THE ANAHEIM MUNICIPAL CODE RELATING TO UNDERGROUND STORAGE OF HAZARDOUS MATERIALS. WHEREAS, the City of Anaheim previously adopted the Uniform Fire Code, 1988 Edition, with certain amendments, which includes requirements for the storage of hazardous materials in underground tanks; and WHEREAS, the City of Anaheim desires to assume responsibility pursuant to Health and Safety Code Section 25283 for the implementation of Chapter 6.7 of Division 20 of the Health and Safety Code, which also relates to the regulation of underground storage of hazardous materials. THEREFORE, THE CITY COUNCIL OF THE CITY OF ANAHEIM DOES ORDAIN AS FOLLOWS: SECTION 1 That Section 16.08.100 of Chapter 16.08 of Title 16 of the Anaheim Municipal Code be, and the same is hereby, amended to read as follows: "16.08.100 HAZARDOUS MATERIALS Article 80 of the Uniform Fire Code entitled "Hazardous Materials" is hereby amended as follows: .010 Section 80.101 is hereby amended to read as follows: "Section 80.101 The purpose of this article is to assume responsibility for the implementation of Chapter 6.7 of the Health and Safety Code, to provide requirements for the prevention, control and mitigation of dangerous conditions related to hazardous materials and to provide information needed by emergency response personnel. Hazardous materials are those chemicals or substances defined as such in Article 9. See Appendix VI -A for the classification of hazard categories and hazard evaluations. The general provisions and requirements in Division I shall apply to all hazardous materials, including those materials regulated elsewhere in this code, except that when specific requirements are provided in other articles those specific requirements shall apply. When a material has multiple hazards, all hazards shall be addressed. The provisions of this article related to health hazards as defined in this article and classified in Division II of this article are waived when the chief or other official charged with the enforcement of this code has determined that such enforcement is preempted by other codes, statutes or ordinances. The details of any action granting any such waiver shall be recorded and entered in the files of the code enforcement agency. The classification system referenced in Division II shall apply to all hazardous materials, including those materials regulated elsewhere in this code. EXCEPTIONS: (1) The off-site transportation of hazardous materials when in conformance with the Department of Transportation (DOT) regulations. (2) The quantities of alcoholic beverages, medicines, food stuffs and cosmetics, containing not more than 50 percent by volume of water -miscible liquids and with the remainder of the solutions not being flammable, in retail sales occupancies are unlimited when packaged in individual containers not exceeding 4 liters. (3) For retail display of non-flammable solid and non-flammable or non-combustible liquid hazardous materials in Group B, Division 2 retail sales occupancies, see Sec. 80.109. For existing buildings, see Section 1.103(b)." 020. New Section 80.109 is hereby added to read as follows: "Retail Display Section 80.109. The aggregate quantity of non-flammable solid and non-flammable or non-combustible liquid hazardous materials permitted within a single control area of a Group B, Division 2 retail sales occupancy may exceed the exempt amounts specified in Division III, tables 80.306-A., 80.309-A, 80-310-A, 80-312-A9 80.314-A and 80-315-A. The maximum allowable quantity in pounds or gallons permitted within a single control area of a retail sales occupancy shall be the amount obtained by multiplying the exempt amount specified in the Division III exempt amount tables by the following density factor, and then multiplying that product by the square footage of the area. The maximum aggregate floor area for hazardous material retail display or storage over which the density factor may be applied shall not exceed 1,500 square feet per control area. -2- A Hazard Classification Physical Hazards Class 4 Class 3 Class 2 Class 1 Health Hazards All Density Factor NOT PERMITTED 0.075 0.006 0.003 0.0013 The area of storage or display shall also comply with the following requirements: (a) Display of solids shall not exceed 200 pounds per square foot of floor area actually occupied by the solid merchandise. (b) Display of liquids shall not exceed 20 gallons per square foot of floor area actually occupied by the liquid merchandise. (c) Display height shall not exceed 6 feet. (d) Individual containers less than 5 gallons or less than 25 pounds shall be stored on pallets, racks or shelves. (e) Storage racks and shelves shall be in accordance with the provisions of Sec. 80.301(i). (f) Containers shall be approved for the use intended. (g) Individual containers shall not exceed 100 pounds or 5 gallons capacity. (h) Incompatible materials shall be separated in accordance with the provisions of Sec. 80.301(n). (i) Floors shall be in accordance with the provisions of Sec. 80.301(z). (j) Aisles 4 feet in width shall be maintained on 3 sides of the display area. (k) Hazard identification signs shall be provided in accordance with the provisions of Sec. 80.104(e)." .030 Section 80.301(b), subdivision 5, is hereby amended to read as follows: "5. Underground tanks. Underground tanks used for the storage of hazardous materials shall be located and protected in accordance with sections 79.601 and 79.603 of this code. Secondary containment shall be provided for all new installations of underground tanks. In addition, all such underground storage tanks shall comply with the requirements of the California Health and Safety Code, Chapter 6.7, commencing with section 25280 through 25299.7 and Chapter 6.75, sections 25299.10 through 25299.81. Any subsequent changes to these statutes made by the State of California during and after the adoption of this ordinance shall hereby be adopted by reference unless specifically amended otherwise." -3- A .040 Section 80.306(a), subdivisions 1 and 2 are hereby amended to read as follows: "Sec. 80.306. (a) Indoor Storage. (1) General. Indoor storage of liquid and solid oxidizers shall be in accordance with Sections 80.306(a) and the general provisions specified in Section 80.301. EXCEPTION: (1) For retail display of non-flammable solid and non-flammable or non-combustible liquid Class 1, 2, and 3 oxidizers, see Sec. 80.109. (2) Exempt amounts. When the amount of liquid and solid oxidizers stored in one control area exceeds that specified din Table No. 80.306-A, such storage shall be within a room or buildings conforming to the Building Code requirements for the following occupancies: Oxidizer Class Occupancy Group Class 4 H-1 Class 3 H-2 Class 1 and 2 H-3 Storage in excess of the exempt amounts specified in Table No. 80.306-A shall comply with Items 3 through 14. Storage not exceeding the exempt amounts specified in Table No. 80.306-A shall comply with Items 12 and 13. TABLE NO. 80.306-A LIQUID AND SOLID OXIDIZERS EXEMPT AMOUNTS -4- EXEMPT AMOUNT (Pounds) CONDITION CL1 CL2 CL3 CL4 Unprotected by sprinklers or 1,000 250 10 0 cabinet Within cabinet in un- 2,000 500 20 0 sprinklered building In sprinklered building, 2,000 500 20 1 not in cabinet In sprinklered building, 4,000 1,000 40 2 within cabinet -4- A 1 No exempt amounts of 3 A maximum quantity of 200 Class 4 oxidizers are permitted pounds of solid or 20 gallons of in Group R Occupancies or offices liquid Class 3 oxidizers may be or retail sales portions of Group permitted in I, M, and R B Occupancies. occupancies, when such materials are necessary for maintenance 2 No exempt amounts of purposes or operation of Class 4 oxidizers are permitted equipment. The oxidizers shall in Group A, E, I, or M be stored in approved containers Occupancies or in classrooms of and in a manner approved by the Group B Occupancies unless Chief." storage is within a hazardous materials storage cabinet containing no other storage. .050 Section 80.309 (a) Subdivision 1 is hereby amended to read as follows: "Section 80.309 (a) Indoor storage. 1. General. Indoor storage of unstable (reactive) materials shall be in accordance with the provisions of Section 80.309(a) and the general provisions specified in Section 80.301. EXCEPTIONS: (1) Detonable unstable (reactive) materials shall be stored in accordance with Article 77. (2) For retail display of non-flammable solid and non-flammable or non-combustible liquid unstable (reactive) materials, see Section 80.109." .060 Section 80.310(a) subdivision 1 hereby amended to read as follows: "Section 80.310 (a) Indoor Storage (1) General. Indoor storage of water -reactive materials shall be in accordance with the provisions of Section 80.310(a) and the general provisions specified in Section 80.301. EXCEPTION: For retail display of non-flammable solid and non-flammable or non-combustible liquid water -reactive materials, see Section 80.109." .070 Section 80.312(a) subdivision 1 is hereby amended to read as follows: -5- i "Section 80.312 (a) Indoor Storage 1. General. Indoor storage of highly toxic solids and liquids shall be in accordance with the provisions specified in Subsections 80.312(a) and (c) and Section 80.301. EXCEPTION: For retail display of non-flammable solid and non-flammable or non-combustible liquid highly toxic materials, see Sec. 80.109." .080 Section 80.314(a) subdivision 1 is hereby amended to read as follows: "Section 80.314 (a) Indoor Storage (1) General. Indoor storage of corrosive materials shall be in accordance with the provisions of Section 80.314(a) and the general provisions specified in Section 80.301. EXCEPTION: For retail display of non-flammable solid and non-flammable or non-combustible liquid corrosive materials, see Sec. 80.109." .090 Section 80.315(a) subdivision 1 is hereby amended to read as follows: "Section 80.315 (a) Indoor Storage 1. General. Indoor storage of other health hazard solids, liquids and gases shall be in accordance with the provisions specified in Section 80.301. EXEMPTION: For retail display of non-flammable solid and non-combustible or non-flammable liquid other health hazard materials, see Sec. 80.109." SFCTTON 2_ SEVERABILITY The City Council of the City of Anaheim hereby declares that should any section, paragraph, sentence or word of this ordinance, hereby adopted, be declared for any reason to be invalid, it is the intent of the Council that it would have passed all other portions of this ordinance independent of the elimination herefrom of any such portion as may be declared invalid. MC SECTION 3. SAVINGS CLAUSE Neither the adoption of this ordinance nor the repeal hereby of any other ordinance of this City shall in any manner affect the prosecution for violations of ordinances, which violations were committed prior to the effective date hereof, nor be construed as a waiver of any license or penalty or the penal provisions applicable to any violation thereof. The provisions of this ordinance, insofar as they are substantially the same as ordinance provisions previously adopted by the City relating to the same subject matter, shall be construed as restatements and continuations, and not as new enactments. SECTION 4. CERTIFICATION The City Clerk shall certify to the passage of this ordinance and shall cause the same to be printed once within fifteen (15) days after its adoption in the Anaheim Bulletin, a newspaper of general circulation, published and circulated in said City, and thirty (30) days from and after its final passage, it shall take effect and be in full force. THE FOREGOING ORDINANCE is approved and adopted by the City Council of the City of Anaheim this 10th day of July, 1990. MA OF THE C OF A AHEIM ATTEST: CITY CLERK OF THE CITY OF ANAHEIM LAMM:dnl 3709L 052990 -7- A CLERK STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing Ordinance No. 5145 was introduced at a regular meeting of the City Council of the City of Anaheim, held on the 26th day of June, 1990, and that the same was duly passed and adopted at a regular meeting of said City Council held on the 10th day of July, 1990, by the following vote of the members thereof: AYES: COUNCIL MEMBERS: Daly, Ehrle, Kaywood, Pickler and Hunter NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said Ordinance No. 5145 on the 11th day of July, 1990. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim this 11th day of July, 1990. CITY CLERK OF THE CITY OF ANAHEIM (SEAL) I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original Ordinance No. 5145 and was published once in the Anaheim Bulletin on the 27th day of July, 1990. CITY CLERK OF THE CITY OF ANAHEIM