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