CHAPTER 13.
FIRE PROTECTION

Article 1. - Fire Protection.

§ 13-0.1.    Adoption of 2016 California Fire Code

§ 13-0.2.    Amendments to the Fire Code

§ 13-0.3.    Exemption for pending applications

§ 13-1.    Penalties for violations

§ 13-2.    Installation of fire hydrants on private property

§ 13-3.    Repealed

§ 13-4.    Prohibition of Fireworks

§ 13-5.    Upgrading of fire hydrants and water supply mains

Article 2. - Clean Up of Hazardous Substances.

§ 13-6.    Definitions

§ 13-6.1.    Clean-up responsibility

§ 13-6.2.    Indemnification

Article 3. - Fire Hazard Severity Zones

§ 13-7.    Very high fire hazard severity zone

§ 13-8.    High fire hazard severity zone

ARTICLE 1.
FIRE PROTECTION

Sec. 13-0.1. Adoption of 2016 California Fire Code.

Except as otherwise amended by this chapter, the 2016 California Fire Code (2015 International Fire Code) is hereby adopted pursuant to Monterey City Ordinance No. 3551 C.S. (effective January 1, 2017) and is incorporated in this city code by reference and made a part hereof as if set forth fully herein. (Ord. 3551 § 4, 2016)

Sec. 13-0.2. Amendments to the Fire Code.

Section (A) 101.1 is amended to read as follows:

(A) 101.1 Title. These regulations shall be known as the Fire Code of The City of Monterey hereinafter referred to as “this code.”

Section (A) 105.1.2 is amended to read as follows:

(A) 105.1.2 Types of permits. There are two types of permits as follows:

1. Operational permit. Any and all conditions of an operational permit will be established through a separate Resolution approved from the City Council.

2. Construction permit. A construction permit allows the applicant to install or modify systems and equipment for which a permit is required by Section (A)105.1.1.

Section (A) 109.3 is amended to read as follows:

109.3 Violation Penalties. Persons who shall violate any provision of this code or shall fail to comply with any of the requirements thereof or shall erect, install, alter, repair or do work in violation of the approved construction documents or directive of the fire code official, or of a permit or certificate used under provisions of this code, shall be guilty of an infraction, punishable by a fine not more than five hundred dollars ($500.00). Each day that a violation continues after due notice has been served shall be deemed a separate offense.

Section 202 is amended to add the following definition:

ALL WEATHER SURFACE. A road surface constructed to the minimum standards adopted by the jurisdiction.

Sections 304 and 305 to read as follows:

Section 304 – Combustible Materials

Storage and Accumulation of Rubbish and Vegetation

304 Rubbish within Dumpsters. In all rooms or above outside areas, adjacent to building or underneath roof overhangs or when located nearer than 10 feet to adjacent property line, used for storage of combustible waste materials in other than Group R, Division 3 occupancies shall be protected by automatic sprinkler protection. Such sprinklers may be connected to the domestic water supply, provided sufficient coverage of the area is provided and an approved accessible shutoff valve is provided for each room or area.

Exception: Trash areas adjacent to solid brick or concrete walls with no openings or eaves are not required to be protected by automatic sprinkler system(s).

Section 305 – Control of Sources of Ignition

305. General. Use of equipment, appliances, and open flame devices shall be in accordance with this section.

(a) The use of any fuel burning or consuming apparatus, electrical device or explosives on Municipal Wharves No. 1 and No. 2 shall be prohibited. Such as but not limited to:

1. Generators.

2. Oil Burning Equipment.

3. Liquefied petroleum gas equipment.

4. Lanterns.

5. Stoves.

6. Heaters.

7. Candles.

8. Barbecues.

This section shall not apply to:

1. Motor vehicles.

2. Devices operated or used within buildings located on Municipal Wharves No. 1 and No. 2, and fish pumps.

3. Any repair or construction undertaken by the City of Monterey, its agents or any public entity.

Section 307 is amended to read as follows:

Section 307 – Incinerators, Open Burning and Commercial Barbecue Pits

Open Burning

307 General. Open burning shall be prohibited including outdoor rubbish fires and bonfires, unless (1) the fire is confined to an approved container as defined by the Uniform Mechanical Code and authorized by the Monterey Bay Air Pollution Control District, (2) the open fire is for the explicit purpose of preparation of food, such as in the case of a luau, barbecue, and the like, or (3) a special condition or circumstance exists and written authorization is granted by the Chief.

Section 503 is added as follows:

Section 503 – Fire Apparatus Access

Section 503.2.1 is added as follows:

503.2.1 Dimensions. Fire apparatus access roads shall have an unobstructed width of not less than 20 feet (6096 mm), exclusive of shoulders, except for approved security gates in accordance with Section 503.6, and an unobstructed vertical clearance of not less than 13 feet 6 inches (4115 mm).

BRIDGE. A structure to carry a roadway over a depression or obstacle.

Section 503.2.6.1 is added to read as follows:

503.2.6.1 Private Bridge Engineering. Every private bridge hereafter constructed shall meet the following engineering requirements:

a. The weight shall be designed for a minimum of HS-20 loading as prescribed by the AASHTO.

b. The unobstructed vertical clearance shall be not less than 15 feet clear.

c. The width shall be a minimum of 20 feet clear. The fire code official may require additional width when the traffic flow may be restricted or reduce the width to a minimum of 12 feet for Occupancy Group U or R-3 occupancies.

d. The maximum grade change of the approach to and from any private bridge shall not exceed 8% for a minimum distance of 10 feet.

Section 503.2.6.2 is added to read as follows:

503.2.6.2 Private Bridge Certification. Every private bridge hereafter constructed shall be engineered by a licensed professional engineer knowledgeable and experienced in the engineering and design of bridges. Certification that the bridge complies with the design standards required by this code and the identified standards, and that the bridge was constructed to those standards, shall be provided by the licensed engineer, in writing, to the fire code official. Every private bridge, including existing and those constructed under this code, shall be certified as to its maximum load limits every ten (10) years or whenever deemed necessary by the fire code official. Such recertification shall be by a licensed professional engineer knowledgeable and experienced in the engineering and design of bridges. All fees charged for the purpose of certification or recertification of private bridges shall be at the owner’s expense.

Section 503.2.7 is amended to read as follows:

503.2.7 Grade. The grade of fire apparatus access roads shall be no greater than 15% unless specifically approved by the fire code official.

Section 503.2.7.1 is added to read as follows:

503.2.7.1 Paving. All fire apparatus access roads over eight percent (8%) shall be paved with a minimum 0.17 feet of asphaltic concrete on 0.34 feet of aggregate base. All fire apparatus access roads over fifteen percent (15%) where approved shall be paved with perpendicularly grooved concrete.

Section 505 is added to read as follows:

Section 505 – Premises Identification

505.1 Address Identification. New buildings shall have approved address numbers, building numbers or approved building identification placed in a position that is plainly legible and visible from the street or road fronting the property. These numbers shall be Arabic numbers or alphabetical letters. Numbers shall be a minimum of 4 inches (101.6 mm) high with a minimum stroke width of 0.5 inch (12.7 mm). Where access is by means of a private road and the building cannot be viewed from the public way, a monument, pole, or other sign or means shall be used to identify the structure. Large complexes or multiple buildings shall have their address posted so that it is visible from the street.

Section 506.1 is amended to read as follows:

506.1 Where Required. 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 or other approved emergency access device to be installed in an approved location. The key box or other approved emergency access device shall be of an approved type and shall contain keys or other information to gain necessary access as required by the fire code official.

Section 507.5.2 is amended to read as follows:

507.5.2 Inspection, Testing and Maintenance. Fire hydrant systems shall be subject to periodic tests as required by the fire code official. Fire hydrant systems shall be maintained in an operative condition at all times and shall be repaired where defective. Additions, repairs, alterations, and servicing shall comply with approved standards. When required by the fire code official, hydrants shall be painted in accordance with the most current edition of NFPA 291.

Section 603.6.6 is added to read as follows:

603.6.6 Spark Arresters. An approved spark arrester shall be installed on all chimneys, incinerators, smokestacks, or similar devices for conveying smoke or hot gases to the outer air.

Section 901.1.1 is added to read as follows:

901.1.1 Responsibility. The owner of the protected premises shall be responsible for all fire protection systems within the protected premises, whether existing or installed under this code.

Section 901.4 is amended to read as follows:

901.4 Installation. Fire protection systems shall be maintained in accordance with the original installation standards for that system. All systems shall be extended, altered, or augmented as necessary to maintain and continue protection whenever the building is altered, remodeled, or added to. Alterations to the fire protection systems shall be done in accordance with applicable standards.

Section 901.4.5 is added to read as follows:

901.4.5 Nonoperational Equipment. Any fire protection equipment that is no longer in service shall be removed.

Section 901.7 is added to read as follows:

901.7 Systems Out of Service. Where a required fire protection system is out of service, the fire department and the fire code official shall be notified immediately and, where required by the fire code official, the building shall either be evacuated or an approved fire watch shall be provided for all occupants left unprotected by the shutdown until the fire protection system has been returned to service.

Section 903 is amended to read as follows:

Section 903 – Fire Sprinklers

Section 903.2 is amended to read as follows:

903.2 Where Required. Approved automatic sprinkler systems shall be provided in all new buildings and structures constructed, moved into, or relocated within the jurisdiction.

Exceptions:

1. Structures not classified as Group R occupancies and not more than 500 square feet in total floor area.

2. Detached Group U occupancies (private garages, carports, sheds, and agriculture buildings)

The following sections are amended by changing requirements to 500 square feet for fire sprinkler installation, as follows (the complete text of the section is not provided):

903.2.1.1 Group A-1. Change 12,000 square feet to 500 square feet.

903.2.1.2 Group A-2. Change 5,000 square feet to 500 square feet.

903.2.1.3 Group A-3. Change 12,000 square feet to 500 square feet.

903.2.1.4 Group A-4. Change 12,000 square feet to 500 square feet.

903.2.1.5 Group A-5. Change 1,000 square feet to 500 square feet.

903.2.3 Group E. Change 12,000 square feet to 500 square feet.

903.2.4 Group F-1. Change 12,000 square feet to 500 square feet. Change 2,500 square feet for woodworking operations to 500 square feet.

903.2.7-1 Group M. Change 12,000 square feet to 500 square feet.

903.2.7-3 Group M. Change 24,000 square feet to 500 square feet.

903.2.9 Group S-1. Change 12,000 square feet to 500 square feet.

903.2.9.1 Repair Garages. Change 10,000 square feet (2 story buildings) and 12,000 square feet (1 story buildings) to 500 square feet.

903.2.9.2 Bulk storage of tires. Change 20,000 cubic feet to 500 square feet.

Section 903.2.8 is amended to read as follows:

903.2.8 Group R. An automatic sprinkler system installed in accordance with Section 903.3 shall be provided in all buildings with a Group R fire area, including, but not limited to, one- and two-family dwellings, town homes, and manufactured homes and mobile homes located outside of licensed mobile home parks hereafter constructed, moved into or relocated within the jurisdiction, including all additions to buildings already equipped with automatic fire sprinkler systems.

Section 903.2.20 shall be added as follows:

903.2.20 Change of use. Automatic fire sprinklers shall be installed when the occupancy changes from a single occupancy to a mixed-use occupancy which would require the installation of an occupancy separation, or when the occupancy changes from any type of occupancy to an Assembly use occupancy.

Section 903.3.1.1.2 is added to read as follows:

903.3.1.1.2 Elevators. Automatic fire sprinklers shall not be installed at the top of passenger elevator hoist ways or in the associated passenger elevator mechanical rooms.

903.3.1.1.2.1 Where automatic fire sprinklers are not installed at the top of passenger elevator hoist ways, heat detectors for the shunt trip mechanism shall not be installed, nor shall smoke detectors for elevator recall be installed.

903.3.1.1.2.2 Where automatic fire sprinklers are not installed in associated elevator mechanical rooms, heat detectors for the shunt trip mechanism shall not be installed. A smoke detector shall be installed for elevator recall.

Section 903.3.1.3 is amended to read as follows:

903.3.1.3 NFPA 13D Sprinkler Systems. Where allowed, automatic sprinkler systems installed in one- and two-family dwellings shall be installed throughout in accordance with NFPA 13D.

903.3.1.3.1 All fire sprinkler systems installed in one- and two-family dwellings shall be tested for leakage by undergoing a hydrostatic test made at 200 psi for two-hour duration.

903.3.1.3.2 Each water system supplying both domestic and fire protection systems shall have a single indicating-type control valve, arranged to shut off both the domestic and sprinkler systems. A separate shut-off valve for the domestic system only shall be permitted to be installed. The location of the control valve shall be approved by the fire code official.

903.3.1.3.6 Local water flow alarms shall be provided on all sprinkler systems. Local water flow alarms shall be powered from the main kitchen refrigerator circuit. The local water flow alarm shall be clearly audible from within the master bedroom at an audibility level of not less than 75 dBa. Where no kitchen exists in the building, the water flow alarm shall be powered from the bathroom lighting circuit.

Section 903.4.1 is amended to read as follows:

903.4.1 Monitoring. Alarm, supervisory and trouble signals shall be distinctly different and shall be automatically transmitted to an approved central station, remote supervising station or proprietary supervising station as defined in NFPA 72-2010, or, when approved by the fire code official, shall sound an audible signal at a constantly attended location.

(Exceptions remain unchanged)

Section 903.4.2 is amended to read as follows:

903.4.2 Alarms. One exterior approved audible device shall be connected to every automatic sprinkler system in an approved location. Such sprinkler water flow alarm devices shall be activated by water flow equivalent to the flow of a single sprinkler of the smallest orifice size installed in the system. Where a building fire alarm system is installed, actuation of the automatic sprinkler system shall actuate the building fire alarm system.

Section 903.4.3 is amended to read as follows:

903.4.3 Floor Control Valves. Approved indicating control valves and water flow switches shall be provided at the point of connection to the riser on each floor in all buildings over one story in height, and shall be individually annunciated as approved by the fire code official.

Section 903.6 is amended to read as follows:

903.6 Repairs, Alterations, and Additions. In all buildings, except where otherwise provided herein in this Section, where the total floor area exceeds five thousand square feet (5000sf), or which are forty feet (40') or more in height, or which are three or more stories in height, they shall be made to comply with the provisions of this Section.

In all buildings where the total floor area exceeds five thousand square feet (5000sf), or which are forty feet (40') or more in height, or which are three or more stories in height, if the repairs or alterations are made exceeding twenty-five percent of the current market value of the building and property as shown in the records of the County Assessor within any three hundred sixty (360) day period shall be made to comply with the provisions of this section.

Definitions.

Repair. It is the reconstruction or renewal of any part of an existing building or structure for the purpose of its maintenance.

Alteration. It is any change, addition, or modification in construction or occupancy.

Exception: Projects where the sole purpose is for seismic upgrade.

Existing Group R, Division 3 buildings to which additions, alterations, or repairs are made that involve the removal or replacement to 50 percent or greater of the linear length of walls of the building (exterior plus interior) within a one-year period shall meet the requirements of new construction or this code.

Section 904.11 is added to existing section:

904.11 Non-Conforming Restaurant Cooking Appliances and Fire Extinguishing Systems. All non-conforming restaurant cooking appliances, hood and duct systems, and fire extinguishing systems found to exist as of the effective date of this Ordinance shall be made to conform to the requirements of this Section within 90 days of notification. It shall thereafter be unlawful for any person to maintain or suffer to be maintained any non-conforming restaurant cooking appliance, hood and duct system or fire extinguishing system on any property owned or controlled by said person within the City of Monterey.

Section 907.7.4 is added to read as follows:

907.7.4 Zone Transmittal. Where required by the fire code official, fire alarm signals shall be transmitted by zone to the supervising station and retransmitted by zone to the public fire service communications center.

Section 907.8.2 is amended to read as follows:

907.8.2 Completion Documents. The following documentation shall be provided at the time of acceptance testing for all fire alarm system installations:

1. A record of completion in accordance with NFPA 72.

2. A contractor’s statement verifying that the system has been installed in accordance with the approved plans and specifications, and has been 100% tested in accordance with NFPA 72.

3. A contractor’s affidavit of personnel qualifications, indicating that all personnel involved with the installation of the fire alarm system meet the qualification requirements of the fire code official.

Section 907.13 is amended to read as follows:

907.13 Access. Access shall be provided to each fire alarm system component for periodic inspection, maintenance, and testing.

Section 5704.2.9.6.1 is added to read as follows:

Section 5704.2.9.6.1 Outdoor Storage of Containers and Portable Tanks. Storage of Class I and Class II liquids in aboveground tanks outside of buildings is prohibited within the limits established by law as the limits of districts in which such storage is prohibited except as permitted by the Zoning Ordinance.

Exceptions:

1. For marine fueling operations, a maximum of 2000 gallons of diesel fuel may be stored and dispensed from an above ground tank as approved by the Fire Chief.

2. Storage tanks of 500 gallon maximum capacity may be used only in conjunction with emergency generators as approved by the Fire Chief.

Section 4907.1.1 is added to read as follows:

4907.1.1 Standard Defensible Space Requirements. (FIRE 019) Remove combustible vegetation from within a minimum of 100 feet or to the property line from structures, whichever is closer. Vegetation shall be no taller than four inches (4") high. Limb trees 6 feet up from ground. Remove limbs within 10 feet of chimneys. Additional or alternate fire protection approved by the fire code official may be required to provide reasonable fire safety. Environmentally sensitive areas may require alternative fire protection, to be determined by the fire code official and other jurisdictional authorities.

(Ord. 3551 § 4, 2016)

Sec. 13-0.3. Exemption for pending applications.

1.    The provisions of the 2016 California Fire Code as adopted and amended herein shall not apply to any building or structure for which application for a building permit was made prior to January 1, 2008. Such building or structure shall be erected, constructed, enlarged, altered or repaired in accordance with the provisions of this chapter in effect at the date of said application.

2.    All other applications shall be processed in accordance with the provisions of the 2016 California Fire Code as adopted and amended herein. (Ord. 3551 § 4, 2016)

Sec. 13-1. Penalties for violations.

Violation of any adopted fire code or City amendment thereto by any person shall constitute a misdemeanor and upon conviction thereof, shall be punishable by fine as set forth in Section 1‑7. In addition, any such violation, including but not limited to the failure to pay any fire inspection fee imposed by the City, may be enforced by the procedures set forth in the City’s Administrative Remedies Ordinance (Sections 1-9 through 1-11). (Ord. 3551 § 4, 2016)

Sec. 13-2. Installation of fire hydrants on private property.

(a)    In addition to any requirements of the Uniform Fire Code adopted by this chapter, whenever the Fire Chief shall find and determine that private property or an area or portion thereof is beyond the practical availability of publicly maintained fire hydrants and is such a distance therefrom that such property cannot be adequately served by such publicly maintained fire hydrants, and shall find and determine further that such property or area or portion thereof has been developed to such a density, either by residential development or other types of structures, that an additional fire hazard is created by reason of such development, and by reason of such property or area or portion being beyond such publicly maintained fire hydrants, then the Fire Chief shall order the property owner to install on such private property or area or portion thereof on which such hazard exists sufficient water mains and meters of adequate size, and fire hydrants of such kind, size and style and in such numbers, as the Fire Chief may find and determine to be necessary for the protection of such private property or portion or area thereof, or properties adjacent thereto, against the hazard so found to exist.

(b)    Any finding or determination made by the Fire Chief pursuant to this Section shall be made in accordance with regulations, specification and tables recommended by the National Fire Protection Association or the Pacific Fire Rating Bureau.

Such order shall be given in writing to the owner of property on which such hazard is found to exist, and such order shall state in detail the installations required. Such order may be delivered to the property owner in person or may be mailed to such person by registered mail if the same is addressed to the property owner at the address shown on the last equalized assessment roll of the County, with the postage prepaid thereon, and deposited in the United States mail.

(c)    Such installation as ordered by the Fire Chief shall be at the cost of the property owner and shall be commenced within 30 days from the date of the notice and diligently prosecuted to completion, and the same shall be completed within 60 days from the date of the notice unless the Fire Chief, in writing, for good cause shown, extends such time.

(d)    Any finding, order or determination made by the Fire Chief pursuant to this section may be appealed by the owner, or agent of the owner, of property on which fire hydrants, water mains or meters are required to be placed. Such appeal shall be filed in writing with the City Clerk within ten days after the date of the written order of the Fire Chief. Such appeal shall contain the name of the owner or agent making such appeal, the mailing address where notices shall be sent and the portions of the order to which appeal is being made.

(e)    Upon receipt of an appeal, the City Clerk shall set time for a public hearing at a regular or adjourned meeting of the City Council; provided that such meeting shall be not less than ten days nor more than 30 days from the filing of such appeal. At least five days prior to such hearing, the City Clerk shall mail notice of such hearing to the person filing such appeal at the address given in such appeal.

At the time set, the City Council shall hold a public hearing and shall take all evidence, written or oral, from all persons wishing to be heard, and shall make final determination on all issues raised by the appeal. The City Council may continue the public hearing from time to time; provided, that they shall make final determination of all issues raised by the appeal within 30 days from and after the time set for public hearing, and that the City Council may continue such hearings in excess of 30 days from and after the time set for public hearing with the consent of the person filing such appeal, or his authorized representative.

(f)    The violation of any of the provisions of this Section shall be deemed a nuisance. Civil action to abate, enjoin or otherwise compel the cessation of such nuisance may be taken by the appropriate legal officers of the City.

In addition to any penalty prescribed therefor, failure to comply with the provisions of this Section shall render the improvements on the premises unsafe and subject to the procedural provisions of Section 203 of the Uniform Building Code adopted by Chapter 9 of this code. (Ord. 3551 § 4, 2016)

Sec. 13-3. Appeals.

Repealed by Ord. 3551.

Sec. 13-4. Prohibition of Fireworks.

Section 3301 Explosives and Fireworks.

(a) As used herein, the term “fireworks” shall refer to and have the same meaning as that set forth in Health and Safety Code Section 12511.

(b) The sale, offering for sale, display, possession, or discharge of fireworks by any person or entity is hereby prohibited.

(c) Fireworks found within Monterey shall be subject to confiscation, turned over to the Fire Department, and upon conviction, pleas of guilty of nolo contendere, or posting and forfeiting of bail, shall be disposed of in a safe manner. Violation of this section shall constitute a misdemeanor.

(d) The remainder of this section notwithstanding, the possession and discharge of fireworks for public display by licensed pyrotechnic operators may be permitted if approved by the Fire Chief.

(Ord. 3455 § 7, 2010)

Sec. 13-5. Upgrading of fire hydrants and water supply mains.

In order to provide an equitable cost sharing method for the improvement of fire hydrants and water supply mains in areas not presently having adequate fire-flows through existing systems, owners of property desiring to construct new structures, or modify existing structures, in such a manner as to increase the fire flow demand as defined herein, and who do not otherwise provide adequate improvements to existing water system to insure that fire-flow demands will be met, shall pay, as their share of providing said improvements, a fee equivalent to the fire-flow demand, as determined by Insurance Service Office (I.S.O.) standards, multiplied by the factor set forth following (fire flow X factor = fee):

FACTOR CHART

(Dollars Per Gallon Per Minute of Fire-Flow)

New development (non-sprinklered)    

1.50

New development (sprinklered)    

.75

Single/two family dwellings (non-sprinklered)    

.50

Single/two family dwellings (sprinklered)    

no charge

Existing with addition/repair (less than 50%) (non-sprinklered)

.25

Existing with addition/repair (more than 50%) (non-sprinklered)

.33

Existing with addition/repair (more than 50% (sprinklered)

no charge

The above factors shall be effective September 1, 1983. From time to time the factors may be changed by Resolution of the City Council.

ARTICLE 2.
CLEAN UP OF HAZARDOUS SUBSTANCES

Sec. 13-6. Definitions.

Unless otherwise expressly stated, whenever used in this Article, the following terms shall have the meanings set forth below:

(a)    HAZARDOUS SUBSTANCE or MATERIAL shall be defined as any substance that may endanger public safety or create a public nuisance, including, but not limited to:

1.    Any material listed as a hazardous and/or extremely hazardous material or hazardous and/or extremely hazardous waste in accordance with Sections 66680 and 66685 of Title 22 of the California Administrative Code, as amended, whether such material is stored or handled in waste or nonwaste form.

2.    Any material listed on the list of Environmental Protection Agency (EPA) pollutants, 40 Code of Federal Regulations, Section 401.15, as amended.

3.    Any material classified by the National Fire Protection Association (NFPA) as either a flammable liquid, a Class “II” combustible liquid or a Class “III-A” combustible liquid.

4.    Any material listed by the Director of the Department of Industrial Relations in Title 8, California Administrative Code (#339), as amended, excluding all footnotes thereto and subject to the exclusions specified in this subsection. Such exclusions are as follows:

i.    Materials recognized in the official United States Pharmacopoeia, official Homeopathic Pharmacopoeia of the United States, or any supplement to any of them if such materials are intended for use in the diagnosis, cure, mitigation, treatment, or prevention of disease in man or other animals; hormones; enzymes; and aflatoxins.

ii.    Aluminum salts; asphalt fumes; Atrazine; Benomyl; Bis (dimethylthiocarbamoyl) disulfide; Boro-oxide; 4-tert-Butyl-2-chlorophenyl-methyl-phosphoramidate; Camphor; Carbon black; 2-Cloro-6 (trichloromethyl) pyridine; Chopidol; Coal tar pitch volatiles; Cotton dust; Dibenzoyl peroxide (Benzoyl peroxide); Dicyclopentadienyl iron; 3,5-Dinitro-o-toluamide; 2,6-Di-tert-butyl-p-cresol; Ferbam; Fumaric Acid; Glass, fibrous or dust; Graphite; Helium; Iron Oxide; Iron salts; Magnesium oxide; Mica; Mineral wool fiber; Oil mist; Phenothiazine; Phenyl ether-diphenyl (eutectic mixture), vapor; Phthalic anhydride; m-Phtalodinitrile; Polytetra-sluoreoethylene D-composition products; Rhodium salts; Ronnel; Rosin core solder; Rotenone, commercial; Silica; Soapstone; Talc; Tantalum oxide; Terphenyls; 4-4'-Thiobis (6-tert-butyl-m-cresol).

5.    Any material which has been determined to be hazardous based upon any appraisal or assessment by or on behalf of the party storing, handling or transporting this material in compliance with the requirements of the EPA or the California Department of Health Services, or which should have been, but was not, determined to be hazardous due to the deliberate failure of the party storing, handling or transporting the material to comply with the requirements of the EPA and/or the Department of Health Services.

6.    Any material which has been determined by the party storing, handling or transporting the material, through testing or other objective means, to be likely to create a significant potential or actual hazard to the public health, safety or welfare. This subsection shall not establish a requirement to test for the purpose of this Article.

7.    Exclusions. The definition of a hazardous substance for the purpose of this Article shall not apply to the following:

i.    Certain Elemental Metals. The following elemental metals shall not be considered hazardous materials unless they are in a friable, powdered or finely divided state:

BERYLLIUM, CADMIUM, CHROMIUM, COPPER, LEAD, NICKEL AND SILVER

ii.    Retail Products. Hazardous materials when contained solely in consumer products for distribution to and use by the general public, or commercial products used at the facility solely for janitorial or minor maintenance purposes such as paint thinner or wax strippers.

iii.    Feed. Hazardous materials when contained in a substance intended for use as animal feed.

iv.    Work Station. Hazardous materials located at a work station in a quantity reasonably required for use as determined by the Monterey Fire Department under the circumstances.

v.    Other Exemptions. The Monterey Fire Department may exempt any material from the requirements of this Article if it has been demonstrated to the satisfaction of the Monterey Fire Department that the material in the quantity and/or solution stored does not present a significant actual or potential hazard to the public health, safety or welfare.

vi.    Vehicle operating fluids from a motor vehicle accident less than five (5) gallons including: gasoline, transmission fluid, motor oil, and radiator fluid.

(b)    RESPONSIBLE PARTY is defined as any person, firm, or corporation responsible for the production, storage, handling or transportation of hazardous material, or any such person, firm or corporation which, by their own acts of negligence or such acts of their agents, heirs, assigns or employees, whether such acts be intentional or unintentional, causes or allows the unauthorized discharge, spill or release of any hazardous substance.

(c)    UNAUTHORIZED DISCHARGE, SPILL, or RELEASE shall mean any release or emission of any hazardous substance or material as defined above, unless the release is authorized by the State Water Resources Control Board pursuant to Division 7 (commencing with Section 13000) of the California Water Code. (Ord. 3455 § 8, 2010)

Sec. 13-6.1. Clean-up responsibility.

A responsible party as defined in Section 13.6 above shall institute and complete all actions necessary to remedy the effects of any unauthorized discharge, spill or release of any hazardous substance, whether sudden or gradual. The Monterey Fire Department shall take appropriate abatement action to remedy the effects of any such release. The Monterey Fire Department will mitigate, or authorize mitigation, of all hazardous material release incidents which endanger the public safety of the citizens of Monterey or which create a public nuisance.

The responsible party shall be liable to the City of Monterey for reimbursement of all costs incurred by the City in remedying the effects of such unauthorized release of hazardous substance, including administrative expenses and the costs of fighting fires to the extent allowed by law.

This responsibility is not conditioned upon willfulness or negligence of the party causing or allowing such unauthorized discharge, spill, or release of any hazardous substance. Any responsible party who undertakes action to remedy the effects of any such release of hazardous material shall not be barred by this Section from seeking to recover appropriate costs and expenditures from other responsible parties except as provided in Sec. 13-6.2.

Sec. 13-6.2. Indemnification.

The responsible party shall indemnify, hold harmless and defend the City of Monterey against any claim, cause of action, disability, loss, liability, damage, cost or expense, however arising, which occurs by reason of an unauthorized discharge, spill, or release of any substance endangering the public safety or causing a public nuisance.

ARTICLE 3.
FIRE HAZARD SEVERITY ZONES

Sec. 13-7. Very high fire hazard severity zone.

This section shall be known as the Very High Fire Hazard Severity Zone (VHFHSZ) and is adopted pursuant to the requirements of Government Code Sections 51175 through 51189. The Director of the California Department of Forestry and Fire Protection has recommended the area described as VHFHSZ. The City of Monterey VHFHSZ is designated on a map titled City of Monterey, Fire Hazard Severity Zones, dated October 4, 2008, and is retained on file at the office of the State Fire Marshal (Exhibit A to the ordinance codified in this section). The map is consistent with the City of Monterey General Plan. Whenever a more restrictive standard is set forth on any of the City’s codes or State law, the more restrictive standard shall apply in all cases. (Ord. 3434 § 1, 2009)

Sec. 13-8. High fire hazard severity zone.

This section shall be known as the High Fire Hazard Severity Zone (HFHSZ). The Fire Chief has recommended the area described as a HFHSZ. The City of Monterey HFHSZ is designated on the City of Monterey General Plan Map. (Ord. 3434 § 1, 2009)