HomeMy WebLinkAboutApprove for Introduction Ordinance Nos. 4061 and 4062, which Dept ID FD15 007 Page 1 of 2
Meeting Date 7/6/2015
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CITY OF HUNTINGTON BEACH
REQUEST FOR CITY COUNCIL ACTION
MEETING DATE: 7/6/2015
SUBMITTED TO: Honorable Mayor and City Council Members
SUBMITTED BY: Fred A Wilson, City Manager
PREPARED BY: Patrick McIntosh, Fire Chief
SUBJECT: Approve for Introduction Ordinance Nos 4061 and 4062, which update various
portions of the Municipal Code relating to hazardous materials in order to provide
consistency with the State Health and Safety Code and allow City Fire Code
Officials to require businesses to maintain emergency plans in a key box
Statement of Issue
The City Council is requested to introduce the attached ordinances repealing Municipal Code
Sections 17 58 and revising 17 56 relating to hazardous materials
Financial Impact Not applicable
Recommended Action
A) Approve for introduction Ordinance No 4061, "An Ordinance of the City of Huntington Beach
Repealing Chapter 17 58 of the Huntington Beach Municipal Code Relating to Hazardous
Materials," and,
B) Approve for introduction Ordinance No 4062, "An Ordinance of the City of Huntington Beach
Repealing Sections 17 56 600 and 17 56 610 of the Huntington Beach Municipal Code Relating to
Hazardous Materials and Amending Section 17 56 220 of the Huntington Beach Municipal Code
Titled Where Required "
Alternative Action(s)
Do not introduce the Ordinances and direct staff accordingly
Analysis
Huntington Beach Municipal Code Chapter 17 58 governs the emergency planning and community
right-to-know aspects of handling hazardous materials in the City of Huntington Beach Authority
for the regulations in this chapter is provided through the State of California Health and Safety Code
Chapter 6 95
Over time, the Health and Safety Code has been updated and those updates have now rendered
Municipal Code Chapter 17 58 obsolete The updates include hazardous materials definitions,
disclosure threshold requirements and business exemptions With the State Code having
preeminence, Chapter 17 58 is no longer required An Ordinance repealing Chapter 17 58
(Attachment 1) is recommended for introduction and a Legislative Draft showing the changes to the
Municipal Code is shown as Attachment 2
HB -1101- Item 16. - I
Dept ID FD15 007 Page 2 of 2
Meeting Date 7/6/2015
With the proposed repeal of Municipal Code Chapter 17 58, two sections of Chapter 17 56 that
reference 17 58 are also recommended for repeal An Ordinance making these changes is
recommended for introduction at this time (Attachment 3) A Legislative Draft showing the
proposed changes to Chapter 17 56 is included as Attachment 4
With the revision of Municipal Code Section 17 56, additional language is proposed to allow Fire
Code Officials to require businesses to maintain their business emergency plans and associated
documentation in a key box This will allow immediate access to maps, hazardous materials
inventories and safety data sheets for emergency responders
Environmental Status
None
Strategic Plan Goal
Enhance and maintain public safety
Attachments)
1 Ordinance No 4061, "An Ordinance of the City of Huntington Beach Repealing Chapter 17 58 of
the Huntington Beach Municipal Code Relating to Hazardous Materials"
2 Legislative Draft Huntington Beach Municipal Code 17 58
3 Ordinance No 4062, "An Ordinance of the City of Huntington Beach Repealing Sections
17 56 600 and 17 56 610 of the Huntington Beach Municipal Code Relating to Hazardous Materials
and Amending Section 17 56 220 of the Huntington Beach Municipal Code Titled Where Required"
4 Legislative Draft Huntington Beach Municipal Code 17 56
Item 16. - 2 HB -1102-
ATTACHME NT # 1
ORDINANCE NO 4061
AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH
REPEALING CHAPTER 17 58 OF THE HUNTINGTON BEACH MUNICIPAL
CODE RELATING TO HAZARDOUS MATERIALS
The City Council of the City of Huntington Beach does hereby ordain as follows-
SECTION 1 Chaptei 17 58 of the Huntington Beach Municipal Code is hereby
repealed
SECTION 2 This ordinance shall become effective 30 days after its adoption.
PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a
i egular meeting thei eof held on the 2 0 t h day of July 2015
Mayo
ATTEST- APPROVED O FORM-
a
it Clerk City Attorney 1 c� $1z�i tS—
REVIE APPROVED: ITIATED AND APPRO ED
�/C#�Manager Fire Zief
15-4676/120356 doc
Ord. No. 4061
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS:
CITY OF HUNTINGTON BEACH )
I, JOAN L FLYNN, the duly elected, qualified City Clerk of the City of
Huntington Beach, and ex-officio Clerk of the City Council of said City, do hereby
certify that the whole number of members of the City Council of the City of Huntington
Beach is seven, that the foregoing ordinance was read to said City Council at a Regular
meeting thereof held on JULY 06,2015,and was again read to said City Council at a
Regular meeting thereof held on JULY 20,2015, and was passed and adopted by the
affirmative vote of at least a majority of all the members of said City Council
AYES: Posey, Katapodis, Hardy, Sullivan, Delgleize, Peterson
NOES: None
ABSENT: O'Connell
ABSTAIN: None
I,Joan L Flynn,CITY CLERK of the City of Huntington
Beach and ex-officio Clerk of the City Council,do hereby
certify that a synopsis of this ordinance has been published
in the Huntington Beach Wave on July 30,2015
In accordance with the City Charter of said City e
Joan L Flynn, Qi1y Clerk City Ork and ex-officio Clerk
Senior Deputy City Clerk of the City Council of the City
of Huntington Beach, California
ATTAC H ME N T -#2
Ordinance No . 4061
LEGISLATIVE DRAFT
IIBMC Chapter 17.58 re Hazardous Materials
17-.58.919 Definitions
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15-4676/121604 5
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be assessed eft all busmess eaptwed by. the pfogfaffi The-fees shall be se�by feseltAten of
site plans and aeeess keys The loeatten of stieh key eabtoe4 shall be appfeved by the Fffe Ghtef
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15-4676/121604 7
ATTACHMENT #3
ORDINANCE NO 4062
AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH
REPEALING SECTIONS 17.56 600 AND 17 56 610 OF THE
HUNTINGTON BEACH MUNICIPAL CODE RELATING TO
HAZARDOUS MATERIALS AND AMENDING SECTION 17 56 220
OF THE HUNTINGTON BEACH MUNICIPAL CODE TITLED WHERE REQUIRED
The City Council of the City of Huntington Beach does hereby ordain as follows-
SECTION 1 Section 17 56 600 of the Huntington Beach Municipal Code is hereby
repealed
SECTION 2 Section 17.56 610 of the Iuntington Beach Municipal Code is hereby
repealed.
SECTION 3. Section 17.56 220 of the Huntington Beach Municipal Code is hereby
amended to read as follows-
17.56.220 CFC Section 506.1 Where Required, Amended
Where access to or within a structure or an area is iestiicted because of secured openings or
where immediate access is necessary for life-saving or fire-fighting purposes, the fire code
official is authorized to require a key box to be installed in an approved location Unless
determined otherwise by the fire code official, key boxes are required for all structures with fire
alarm or sprinkler systems which are connected to a monitoring service The key box shall be of
an approved type and shall contain keys to gain necessary access as required by the fire code
official Key boxes for accessing properties shall be sub-mastered for law enforcement access
Sub-mastering key boxes for building access is not r equii ed Secui ed emer gency access gates
serving apartment, town home or condominium complex courtyard, paseos,pool, Jacuzzi, sauna,
or spa areas must be secured with a key box in addition to association or facility locks The
nominal height of KNOX lock box installations shall be 5 feet above grade Location and
installation of KNOX key boxes must be approved by the fire code official
«Then required by the Fire Code Official, anyone submitting a hazardous materials disclosure
package may be required to install an approved key box for emergency access to material safety
data sheets (MSDS), floor plans, site plans and access keys
15-4676/120713 doe 1
Ordinance No . 4062
SECTION 4 This ordinance shall become effective 30 days aftel its adoption
PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a
regular meeting thereof held on the 2 0 t h day of July , 2015
rm- ayo<..�
ATTEST APPROVED FORM
rty Clerk l,, City Attorney
REVIE ND APPROVED: ITIATED AND APPROVE
Manager Fire ref
15-4676/120713 doe 2
Ord. No. 4062
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS:
CITY OF HUNTINGTON BEACH )
I, JOAN L FLYNN, the duly elected, qualified City Clerk of the City of
Huntington Beach, and ex-officio Clerk of the City Council of said City, do hereby
certify that the whole number of members of the City Council of the City of Huntington
Beach is seven, that the foregoing ordinance was read to said City Council at a Regular
meeting thereof held on July 06, 2015,and was again read to said City Council at a
Regular meeting thereof held on July 20, 2015, and was passed and adopted by the
affirmative vote of at least a majority of all the members of said City Council
AYES: Posey, Katapodis, Hardy, Sullivan, Delgleize, Peterson
NOES: None
ABSENT: O'Connell
ABSTAIN: None
I,Joan L Flynn,CITY CLERK of the City of Huntington
Beach and ex-officio Clerk of the City Council,do hereby
certify that a synopsis of this ordinance has been published in
the Huntington Beach Wave on July 30,20I5
In accordance with the City Charter of said City st
Joan L Flynn, City Clerk City rk and ex-officio rk
Senior Deputy City Clerk of the City Council of the City
of Huntington Beach, California
ATTACHMENT #4
Ordinance No . 4062
LEGISLATIVE DRAFT
17 CG 600 GFG G'..e ien 500 G 1 Hazardous
Materials Management P (RJLi MP)
Amended 11 1 /l�1����� a
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17 56 610 GFG See ien 599 2 Hazardous Materials 5........4. fy Statement
tat...ent(LlO IS)
,
Amen6ed
17.56.220 CFC Section 506.1 Where Required,Amended
Where access to or within a structure or an area is restricted because of secured openings or
where immediate access is necessary for life-saving or fire-fighting purposes.the fire code
official is authorized to require a key box to be installed in an approved location Unless
determined otherwise by the fire code official,key boxes are required for all structures with fire
alarm or sprinkler systems which are connected to a monitoring service The key box shall be of
an approved type and shall contain keys to gam necessary access as required by the fire code
official Key boxes for accessing properties shall be sub-mastered for law enforcement access
Sub-mastering key boxes for building access is not required Secured emergency access gates
serving apartment,town home or condominium complex courtyard,paseos. pool,Jacuzzi, sauna,
or spa areas must be secured with a key box in addition to association or facility locks The
nominal height of KNOX lock box installations shall be 5 feet above grade Location and
installation of KNOX key boxes must be approved by the fire code official (3991-11/13)
When required by the Fire Code Official anyone submitting a hazardous materials disclosure
package may be required to install an approved key box for emergency access to material safety
data sheets(MSDS) floor plans site plans and access keys
15-4676/121536