What’s Wrong With This Picture?

The battery plant shown in the picture is located in a jurisdiction governed by the Uniform Building and Fire Codes™. The battery systems located on the 17^th floor significantly exceed Uniform Fire Code hazardous materials exemption amounts for both installation and use permitting and hazardous materials provisions under Article 80. Lead-acid battery systems "constitute a distinct hazard to life or property" where existing conditions are not "grandfathered."

• Storage and Use of hazardous materials in excess of the exemption amount(s) are limited to a maximum height of three stories. Hazardous materials, under Article 80, on the 17^th floor are therefore unlawful.

• Hazardous material liquids in excess of the exempt amounts must have a spill control system including a 4 inch liquid-tight barrier. There is no spill control system in place.

• Although the recently adopted Uniform Fire Code, Article 64 permits storage and use of battery systems above the third story, it has requirements including a 4 inch liquid-tight barrier and acid neutralizing system. There are no provisions for this as seen in the picture.

NO EVIDENCE OF AN IMPLEMENTED REASONABLE AND PRUDENT EMERGENCY MANAGEMENT PLAN

The Uniform Fire Code™ Hazardous Materials Management Plan (HMMP) and the EPA and OSHA Emergency Management Plans (EMP) all address spill management. Lack of a spill management system indicates a lack of conformance to the law.

A battery system in conformance with building and fire codes, EPA, and OSHA will have an implemented spill management plan. Any reasonable and prudent spill management plan will include spill containment. The only provision for nonexempt lead-acid batteries above the third story is through the use of Article 64.