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~,Z. x,, CITY COUNCIL OF THE CITY OF PLEASANTON <br /> ALAMEDA COUNTY, CALIFORNIA <br /> <br /> ORDINANCE NO. 1734 <br /> <br /> AN ORDINANCE REPEALING CHAPTER 9.16 AND 9.18 OF <br /> THE PLEASANTON MUNICIPAL CODE AND <br /> REENACTING CHAPTER 9.16 OF THE PLEASANTON <br /> MUNICIPAL CODE, TO AUTHORIZE THE CITY OF <br /> PLEASANTON TO IMPLEMENT STATE LAW AS THE <br /> CERTIFIED UNIFIED PROGRAM AGENCY (CUPA) AND <br /> TO AMEND THE UNIFORM FIRE CODE TO ADD ARTICLE <br /> 89, A TOXIC GAS ORDINANCE APPLICABLE TO <br /> BUSINESSES WHO HANDLE, STORE OR USE TOXIC <br /> GASES <br /> <br />WHEREAS, Chapter 6.11, Section 25404 of the Health and Safety Code, provides that every <br /> county and city, upon certification by CalEPA, implement provisions as a CUPA <br /> concerning storage, use or handling of hazardous materials and waste in the <br /> county, and authorizes a city, pursuant to Certified Unified Program Agency <br /> certification, to assume responsibility by ordinance or resolution for the <br /> implementation of CUPA regulations and programs within the city; and <br /> <br />WHEREAS, State law provides that in the event a city assumes responsibility for the <br /> administration and enforcement of the CUPA program, it shall have exclusive <br /> jurisdiction within the boundaries of the city for the purpose of implementing <br /> CUPA regulations; and <br /> <br /> WHEREAS, the City of Pleasanton has two existing ordinances which delegate responsibility <br /> for some of the programs administered under CUPA and these ordinances need to <br /> be modified to take into account the full range of the CUPA programs; and <br /> <br /> WHEREAS, the Califorma Environmental Protection Agency has certified the <br /> Livermore-Pleasanton Fire Department to be the CUPA for the cities of Livennore <br /> and Pleasanton; and <br /> <br /> WHEREAS, the City of Pleasanton desires to amend the 1994 Uniform Fire Code to include <br /> more specific requirements for the storage, use and handling of toxic gases; and <br /> <br /> WHEREAS, the existing Hazardous Materials Storage Ordinance allows the Fire Chief to <br /> promulgate appropriate regulations for hazardous gases but needs to be revised to <br /> provide the specific requirements for these materials; and <br /> <br /> <br />