Exemptions.
Riverside Municipal Code § 9.48.070
in effect9.48.070 - Exemptions.
A. Refrigerant gases, other than ammonia or flammable gas in a closed cooling system that are used for comfort or space cooling for computer rooms.
B. Compressed air in cylinders, bottles, and tanks used by fire departments and other emergency response organizations for the purpose of emergency response and safety.
C. Lubricating oil, if the total volume of each type of lubricating oil handled at a facility does not exceed 55 gallons and the total volume of all types of lubricating oil handled at that facility does not exceed 275 gallons, at any one time. For purposes of this paragraph, "lubricating oil" means oil intended for use in an internal combustion crankcase, or the transmission, gearbox, differential, or hydraulic system of an automobile, bus, truck, vessel, airplane, heavy equipment, or other machinery powered by an internal combustion or electric powered engine. "Lubricating oil" does not include used oil.
D. Both of the following, if the aggregate storage capacity of oil at the facility is less than 1,320 gallons:
1. Fluid in a hydraulic system.
2. Oil-filled electrical equipment that is not contiguous to an electric facility.
E. Hazardous material contained solely in a consumer product, handled at, and found in, a retail establishment and intended for sale to, and for the use by, the public. The exemption provided for in this paragraph shall not apply to a consumer product handled at the facility which manufactures that product, or a separate warehouse or distribution center of that facility, or where a product is dispensed on the retail premises.
F. Propane that is for on-premises use, storage, or both, in an amount not to exceed 500 gallons, that is for the sole purpose of cooking, heating employee work areas, and heating water within that business, unless the uniform program agency finds, and provides notice to the business handling the propane, that the handling of the on-premises propane requires the submission of a business plan, or any portion of a business plan, in response to public health, safety, or environmental concerns.
G. The Fire Code Official may, in exceptional circumstances, following notice and public hearing, exempt a hazardous material specified in subdivision (n) of Health and Safety Code, Section 25501 from Section 25506, if it is found that the hazardous material would not pose a present or potential danger to the environment or to human health and safety if the hazardous material was released into the environment. The Fire Department shall send a notice to the office and the secretary within 15 days from the effective date of any exemption granted pursuant to this subdivision.
H. The Fire Code Official, upon request by a handler, may exempt a handler under the conditions it deems proper from any portion of the business plan upon a written finding that the exemption would not pose a significant present or potential hazard to human health or safety or to the environment or affect the ability of the Fire Department and emergency rescue personnel to effectively respond to the release of a hazardous material and that there are unusual circumstances justifying this exemption. The Fire Department shall specify in writing the basis for any exemption under this subsection.
I. The Fire Code Official upon request by a handler may exempt a hazardous material from the inventory provisions of this chapter upon proof that the material does not pose a significant present or potential hazard to human health and safety or to the environment if released into the workplace or environment. The Fire Department shall specify in writing the basis for any exemption under this subsection.
J. The Fire Code Official shall exempt a business operating a farm for purposes of cultivating the soil or raising or harvesting any agricultural or horticultural commodity from filing the information with the exception of the inventory in the business plan if all the following requirements are met:
1. The handler annually provides the inventory of information required by Section 9.48.060 to the County Agricultural Commissioner before January 1st of each year.
2. Each building in which hazardous materials subject to this chapter are stored is posted with signs, in accordance with regulations which the office shall adopt, which provide notice of the storage of any of the following:
a. Pesticides.
b. Petroleum fuels and oils.
c. Types of fertilizers.
3. The agricultural handler provides the training programs specified in paragraph (4) of subdivision (a) of H&S Section 25505.
K. The Fire Code Official shall exempt a business operating an unstaffed facility located at least one-half mile from the nearest occupied structure from HSC Sections 25508.2 and 25511, and shall subject the business to Sections 25505, 25506, and 25507 only as specified in this section, if the business is not otherwise subject to the requirements of applicable federal law, and all of the following requirements are met:
1. The types and quantities of materials onsite are limited to one or more of the following;
a. One thousand standard cubic feet of compressed inert gases (asphyxiation and pressure hazards only).
b. Five hundred gallons of combustible liquid used as a fuel source.
c. Corrosive liquids, not to exceed 500 pounds of extremely hazardous substances, used as electrolytes, and in closed containers.
d. Five hundred gallons of lubricating and hydraulic fluids.
e. One thousand two hundred gallons of hydrocarbon gas used as a fuel source.
f. Any quantity of mineral oil contained within electrical equipment, such as transformers, bushings, electrical switches, and voltage regulators, if the spill prevention control and countermeasure plan has been prepared for quantities that meet or exceed 1,320 gallons.
g. The facility is secured and not accessible to the public.
h. Warning signs are posted and maintained for hazardous materials pursuant to the California Fire Code.
L. Notwithstanding HSC Sections 25505 and 25507, a one-time business plan, except for the emergency response plan and training elements specified in paragraphs (3) and (4) of subdivision (a) of Section 25505, is submitted to the statewide information management system. This one-time business plan submittal is subject to a verification inspection by the unified program agency and the unified program agency may assess a fee not to exceed the actual costs of processing and for inspection, if an inspection is conducted.
M. The Fire Department has adopted procedures in Section 16.32.172 of this Code (Board of Appeals) to provide for public input when approving any applications submitted pursuant to subsections H and I of this section.
N. Any cellular communication facility that handles only batteries containing hazardous material greater than or equal to 55 gallons and/or greater than or equal to 500 pounds, such as lead-acid batteries will not fall under the EHS provision of any amount. Only those facilities within the above thresholds listed will be required to provide a business plan.
(Ord. 7614 § 4, 2022; Ord. 7494 § 8, 2019; Ord. 7330 § 1, 2016; Ord. 5569 § 1, 1987; Ord. 5134 § 1, 1983)
Source: City of Riverside, California, Municipal Code and City Charter (Municode Library, library.municode.com)URL: https://library.municode.com/ca/riverside/codes/code_of_ordinances?nodeId=PTIICOOR_TIT9PESAMO_CH9.48UNHAMAPR_9.48.070EXFetched: 11/1/2026