SR - ORD-11-16 - FIRST READING OF ORDINANCE NO. 11-161. SUBJECT:
Adoption of Ordinance No. 11 -16
2. SUMMARY:
Orange City Fire Department is responsible for enforcing the fire and safety regulations of the
State of California. Over the years, the State's statutes within the Health and Safety Code
referencing Hazardous Materials have been amended.
Ordinance 11 -16 repeals and replaces Chapter 15.33 of the Orange Municipal Code so that it can
be updated to remain consistent with the Health and Safety Code and provide for local
enforcement.
3. RECOMMENDED ACTION:
Adopt Ordinance No. 11 -16 for first reading.
4. FISCAL IMPACT:
None.
5. STRATEGIC PLAN GOAL(S):
1. Provide for a safe community.
b. Provide and maintain infrastructure necessary to ensure the safety of the public.
d. Assure the development of the City occurs in a fashion that maximizes public safety.
6. GENERAL PLAN IMPLEMENTATION:
Public Safety Goal 4.0 Minimize risks of life, property, and the environment associated with
producing, using, storing, or transporting hazardous materials.
Policy 4.1 Assess potential risks of disposing, transporting, manufacturing and storing existing
hazardous materials, and develop appropriate mitigation measures in case of accidents.
Policy 4.2 Prohibit new disposal, transport, manufacture, and storage of hazardous materials
within the City without a mitigation plan in case of accidents. Hospitals meeting current state and
federal standards are exempt.
7. DISCUSSION and BACKGROUND:
The California Health and Safety Code authorizes the City to make changes in the provisions of
the California Health and Safety Code, as long as those changes are more stringent than the
State's minimum requirements. Provisional changes must also be reasonable and necessary
based upon local climatic, geological, or topographical conditions.
Routine updates to the California Health and Safety Code require amendments to the local
ordinance. These standard updates are performed to provide for additional occupant safety,
environmental safeguards, and paperless reporting through the California Environmental
Reporting System. California Health and Safety Code requires annual electronic submittal and
certification of hazardous materials by March 1 each year, as opposed to our current, more
restrictive semi - annual requirement of January and July. The proposed changes to Section 15.33
are now more consistent with the California Health and Safety Code and local ordinances of
other jurisdictions throughout Orange County. Further, the updated changes are consistent with
the other cities in the county.
Orange City Fire Department is also responsible for enforcing standards and regulations of the
State Fire Marshal and the California Environmental Protection Agency as a participating agency
under the Certified Unified Program Agency. The intent of the program is to maintain
consistency throughout the state in regard to administrative requirements, permits, inspections
and enforcement. The proposed changes to Section 15.33 sustain a continued orderly system for
the enforcement and collection of essential information to emergency responders, health officials,
planners and elected officials. All involved parties are ultimately responsible for the health and
welfare of the community without reducing the statutory privilege of trade secrecy.
8. ATTACHMENTS: 77�1
- Ordinance No. 11 -16
ITEM 2 12/13/16
ORDINANCE NO. 11 -16
AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF ORANGE
AMENDING AND RESTATING CHAPTER
15.33 OF THE ORANGE MUNICIPAL
CODE RELATING TO HAZARDOUS
MATERIALS.
WHEREAS, the City of Orange Fire Department is responsible for enforcing the fire and
safety regulations of the State of California; and
WHEREAS, the State Statues within the Health & Safety Code referencing Hazardous
Materials have been amended over time and the City wishes the Orange Municipal Code to
remain consistent with the Health & Safety Code.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF ORANGE DOES
ORDAIN AS FOLLOWS:
SECTION I
The following Sections of Chapter 15.33 of the Orange Municipal Code is hereby
repealed in its entirety and replaced as follows:
15.33.010 - Definitions.
For the purpose of this chapter, the terms listed in this section shall be defined as follows:
A. "Carcinogen" refers to a substance which causes cancer. For purpose of this Ordinance,
carcinogens are those substances specified on the list developed by the United States
Department of Health and Human Services on its Second Annual Report on Carcinogens.
B. "CAS Number" means the unique identification name as assigned by the Chemical
Abstracts Services to specific chemical substances.
C. "California Environmental Reporting System" (CERS) means the statewide web -based
system for electronically collecting and reporting various hazardous materials - related data
as mandated by the California Health and Safety Code and AB2286.
D. "Chemical Name" means the scientific designation of a substance in accordance with the
International Union of Pure and Applied Chemistry or the system developed by the
Chemical Abstracts Service.
E. "Common Name" means any designation or identification such as code name, code
number, trade names or brand name used to identify a substance other than by its chemical
name.