Hazardous Materials (HM)
Hazardous chemicals that pose an unreasonable risk to the health and safety of operating or emergency personnel, the public and the environment if not properly controlled during handling, storage, manufacture, processing, packaging, use, disposal or transportation are regulated by the fire code. Hazardous materials are classified according to 'fire code' hazard categories. The properties of the chemical are used to determine the hazard categories that the chemical is listed under. In the fire code material categories are classified as physical and health hazards. Examples of physical categories include: explosives and blasting agents; combustible liquids; flammable solids, liquids and gases; organic peroxide solids or liquids; oxidizer, solid or liquids; oxidizing gases; pyrophoric solids, liquids or gases; unstable (reactive) solids, liquids, or gases; water-reactive materials solids or liquids; cryogenic fluids. Examples of health categories include: highly toxic and toxic materials; corrosive materials. This page has content designed to assist businesses in categorizing, classifying, documenting, and planning for the storage and use of Hazardous Materials (HM). If any of the terminology used above is unfamiliar the service of a competent registered design professional (Professional Engineer) should be retained to prepare the required documentation.
Community Development Department, Hazardous Material Storage Requirements
CHAPTER 19.7: DEVELOPMENT AND DESIGN STANDARDS
19.7.8. OPERATIONAL PERFORMANCE
A. AIR QUALITY
The emission of dust, dirt, or smoke shall comply with the Clark County Department of Air Quality Regulations.
B. COMBUSTIBLES AND EXPLOSIVES
The use, handling, storage, and transportation of combustibles and explosives shall comply with the provisions of HMC 15.32 and all applicable state and federal laws.
The escape or emission of any gas that is noxious, injurious, or destructive is unlawful and shall be immediately eliminated and, in addition, shall comply with the Clark County Department of Air Quality Regulations and all applicable state and federal regulations, including the federal Emergency Planning and Community Right to Know Act of 1986.
D. HAZARDOUS MATERIALS
(a) The land use impacts for facilities that use hazardous materials in excess of the exempt amounts or maximum allowable quantities per control area as specified in the Fire Code are declared to be potentially harmful to the public health, safety, and welfare, or potentially damaging to the property values of adjacent properties.
(b) A conditional use permit is required for the storage, handling, or use of hazardous materials when the quantity is in excess of the exempt amount or maximum allowable per control area, as specified in the Fire Code. Requirements and allowed amounts for fuel storage are specified below. Legal nonconforming uses located within the City of Henderson shall not be expanded unless a conditional use permit has been issued.
(c) Notwithstanding the above regulations regarding hazardous materials storage, any substance designated as highly hazardous as listed in NRS 459.3816 and stored in the quantity specified shall require City Council use permit approval in accordance with the public notice requirements and processing procedures set forth in NRS 278.147.
(d) Any medical marijuana extraction processing, as part of an approved medical marijuana establishment – infusion/manufacturing use, shall require a conditional use permit. For medical marijuana extraction processing using flammable gases not listed in Henderson Municipal Code, Title 4.116, Medical Marijuana – Regulations and Licenses, additional reports must be submitted pursuant to 19.7.8.D.3, Hazardous Materials, Additional Reports.
2. Fuel Storage
(a) Above-ground fuel storage shall comply with the following:
(1) Above-ground fuel storage of up to 500 gallons is permitted, subject to an approved fire installation permit.
(2) Above-ground fuel storage with capacity greater than 500 gallons up to 2,500 gallons requires a design review for staff level decision.
(3) Above-ground fuel storage greater than 2,500 gallons requires a conditional use permit.
(4) Above-ground fuel storage with capacity greater than 500 gallons containing diesel, gasoline, or similar liquid or gas fuels shall meet or exceed UL2085 standards unless approved by the building official or the Fire Chief.
(5) Above-ground fuel storage that contains ultra-low sulphur diesel shall comply with the same Fire Code Standards for Class I liquids.
(b) All above-ground storage tanks are subject to the issuance of the appropriate installation permit as required by the Fire Code, provided that:
(1) Unless otherwise approved through design review, no above-ground storage shall be permitted in a front or unenclosed corner side yard;
(2) Storage containers, pumps, and other associated equipment shall be considered mechanical equipment for the purposes of screening pursuant to Section 19.7.5.H; and
(3) Propane tank screening shall be unenclosed for 50 percent of its perimeter.
(c) The capacity limits referenced herein applies to the size of the tank or container where a single tank is proposed; and where multiple tanks are proposed, the capacity limit applies to the total aggregate above-ground storage capacity on the site.
3. Additional Reports
(a) For any hazardous materials storage and fuel storage that requires a conditional use permit, the applicant may be required to submit additional reports to the Fire Chief and/or building official for approval or recommendation prior to being scheduled for a Planning Commission hearing. Reports may include, but are not limited to, those listed in Chapter 459 of the Nevada Administrative Code.
(b) Medical marijuana extraction processes using flammable gas not specifically prescribed in the Henderson Municipal Code, or hazardous material as defined in the Henderson Fire Code, may be approved subject to submittal and approval of hazard analysis, risk assessment, and risk mitigation reports. These reports shall be prepared by an independent, qualified, industrial hygienist, or a Nevada licensed fire protection engineer as required by the Fire Chief. Subject to approval of the Fire Chief, other licensed professionals or experts that can demonstrate qualifications in the specific area through education, training, and experience may prepare the reports or assist in the preparation of the reports. Reports shall be submitted to the Fire Chief for approval prior to the conditional use permit being scheduled for a City Council hearing.
(c) Hazard analysis, risk assessment, and risk mitigation reports shall be prepared and reviewed at the applicant’s expense. The costs of any consultant services required by the City to review reports that exceed the City’s technical expertise shall be paid by the applicant in an amount estimated by the Fire Chief, in advance of the technical review.
Hazardous Materials Inventory Statement (HMIS). Where required by the fire code official, an application for a permit shall include an HMIS, such as Superfund Amendments and Reauthorization Act of 1986 (SARA) Title III, Tier II Report or other approved statement. The HMIS shall include the following information:
1. Product Name.
3. Chemical Abstract Service (CAS) number.
4. Location where stored or used.
5. Container size.
6. Hazard Classification.
7. Amount in Storage.
8. Amount in use-closed system.
9. Amount in use-open system.
10. Aggregate quantities per control area.
11. Site plan/Floor plan with designated control areas and details of 704 placard for facility and for each control area.
12. Sprinkler design criteria, if sprinklered.
13. Cabinets or exhausted enclosures.
14. NFPA 704 hazard numbers.
Hazardous Materials Management Plan (HMMP). Where required by the fire code official or when the Maximum Allowable Quantity per control area is exceeded, an application for a permit shall include a HMMP. The HMMP shall include a facility site plan designating the following:
1. Access to each storage and use area.
2. Location of emergency equipment.
3. Location of where liaison will meet emergency responders.
4. Facility evacuation meeting point locations.
5. The general purpose of other areas within the building.
6. Location of all above-ground and underground tanks and their appurtenances including, but not limited to, sumps, vaults, below-grade treatment systems and piping.
7. The hazard classes in each area.
8. Locations of all control areas and Group H occupancies.
9. Emergency exits.