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HomeMy WebLinkAbout2016-08-17; Planning Commission; ; CUP 15-09 - GUNTHER GUNS SHOOTING RANGEThe City of Carlsbad Planning Division A REPORT TO THE PLANNING COMMISSION ltemNo. G P.C. AGENDA OF: August 17, 2016 Application complete date: June 9, 2016 Project Planner: Jason Goff Project Engineer: Kyrenne Chua SUBJECT: CUP 15-09-GUNTHER GUNS SHOOTING RANGE -A recommendation of approval of a Conditional Use Permit to allow for a 16 lane indoor shooting range and a 1,680 square foot retail gun store within a 13,932 square foot stand-alone building on property located at 2717 Loker Avenue West within the Carlsbad Airport Business Center Specific Plan and Local Facilities Management Zone 5. The City Planner has determined that the project belongs to a class of projects that the State Secretary for Resources has found do not have a significant impact on the environment, and it is therefore categorically exempt from the requirement for the preparation of environmental documents pursuant to state CEQA Guidelines Section 15301 -Existing Facilities, and Section 15332 -In-fill Development Projects. I. RECOMMENDATION That the Planning Commission ADOPT Planning Commission Resolution No. 7190 RECOMMENDING APPROVAL of Conditional Use Permit CUP 15-09, based on the findings and subject to the conditions contained therein. II. PROJECT DESCRIPTION AND BACKGROUND Background: On May 14, 2013, the City Council adopted Resolution No. 2013-117 approving CUP 12-15-GUNTHER RETAIL 2, allowing for the conversion of 1,359 square feet of warehouse and office area within the subject building to a retail use for the sale, transfer, and storage of firearms and firearm-related products. On January 12, 2016, the City Council adopted Ordinance No. CS-290 approving a Municipal Code Amendment MCA 15-03 and Zoning Ordinance Amendment ZCA 15-03, adding Indoor Shooting Ranges as a conditionally permitted use in the Planned Industrial (P-M) Zone and subject to additional operational standards. As part of this amendment, General Requirement c.17 of Section 21.42.140.8.137 of the Carlsbad Municipal Code (C.M.C.) was also added, permitting the retail sale and rental offirearms, proper storage of ammunition, and the sale of accessories onsite to be included as part of a CUP for an indoor shooting range. Project Description: The applicant is requesting a recommendation of approval of a Conditional Use Permit (CUP) to allow for a 16 lane indoor shooting range, consisting of eight firing lanes at a 20-yard length and eight firing lanes CUP 15-09-GUNTHER GUNS SHOOTING RANGE August 17, 2016 Page 2 at a 25-yard length. In addition, the applicant is also requesting approval of a 321 square foot expansion to the existing 1,359 square foot of retail that was previously approved by the City Council as discussed above. The combined indoor shooting range and retail uses are all contained within the existing 13,932 square foot stand-alone building located at 2717 Loker Avenue West. No further expansion or exterior modifications of the existing building is proposed. Of the existing building, the conceptual floor plans show 12,252 square feet {88%) of the total gross floor area allocated to the indoor shooting range, while 1,680 square feet {12%) is allocated to the retail gun store. An existing building entrance on the northwest corner of the building closest to and oriented towards Loker Avenue West is being utilized for primary access into the building. Upon arrival, guests can either check in and then proceed to a setup area within either of the 20-yard or 25-yard range areas or access the retail gun store from a separate interior entrance. The indoor shooting range portion of the building includes a viewing area outside each of the individual eight-lane shooting ranges, a small vending area, restroom facilities, two small employee offices, and storage areas for guns, ammunition, bullet trap supplies, and lead cleaning equipment. The two ranges are separated by a minimum 8-inch thick concrete masonry wall partition. The firing lanes are oriented in a west to east direction with a rubber bullet trap backstop proposed at the end of the lanes to stop bullet travel and lead containment. The ceiling includes re-directive baffling for noise and bullet deflection. The project design includes High Efficiency Particulate Air {HEPA) filters, which will be utilized in the indoor firing range to eliminate exposure to lead by users of the shooting range and those outside the building. The filters will collect and contain any lead or contaminants from the air within the facility. The exhaust air will also be filtered to minimize the discharge of lead into the surrounding environment as conditioned. Approval of CUP 15-09 will replace CUP 12-15 in its entirety. The shooting range is presently designed for static shooting only {standing, sitting or lying from a fixed location or position). The basic design characteristic of a static range are a fixed target line and a fixed firing line or lines at known distances. In the case of this range, the fixed distances are 20-yard and 25- yard lengths. A note is included on the plans stating that "no tactical shooting will be allowed". Tactical shooting {where the person firing is moving towards a target) would require additional building upgrades to prevent roof penetrations. Until such an improvement is installed and approved by the Building Official, the project has been conditioned to preclude tactical shooting. If the facility has approvals by the Building Official for tactical shooting, the CUP would not need to be revised or amended to allow for tactical shooting. In addition, the CUP will also preclude a sit-down classroom type setting. A note is also included on the plans indicating "no classroom training" is proposed as part of this CUP. This is to limit the number of persons on site {occupied shooting lanes in concert with sit-down instruction) to reduce the demand for parking for the use. Instruction provided as part of the use of the firing lanes is permitted. The subject building is one of six buildings located within an existing industrial office complex {Promontory Business Park) with 220 on-site parking spaces provided within a common parking lot. The subject building is assigned 30 of the 220 parking spaces within the park. No improvements are proposed to the common parking lot. Table "A" below identifies the General Plan Land Use designations, zoning and current land uses of the project site and the surrounding properties. CUP 15-09-GUNTHER GUNS SHOOTING RANGE August 17, 2016 Page 3 TABLE A Location General Plan Designation Zoning Site Planned Industrial {PI) Planned Industrial {P-M) North Planned Industrial {PI) Planned Industrial {P-M) South Planned Industrial {PI) Planned Industrial {P-M) East Planned Industrial {PI) Planned Industrial {P-M) West Planned Industrial {PI) Planned Industrial {P-M) Ill. ANALYSIS Current Land Use Retail gun store {Gunther Guns); On-line gift and engraving business {Gunther Gifts); and a research and development company {Verdezyne). Office, Manufacturing, Warehousing. Office, Manufacturing, Warehousing. Cabinet shop, Culver Beer Co. (brewery with 650 sq. ft. accessory retail tasting room), and Island Batik {Fabric wholesale business). Office, Manufacturing, Warehousing. The project is subject to the following plans, ordinances and standards: A. Planned Industrial {PI) General Plan Land Use Designation; B. Carlsbad Airport Business Center Specific Plan and Planned Industrial (P-M) Zone (C.M.C. Chapter 21.34); C. Conditional Use Permit Regulations (C.M.C. Chapter 21.42) and Development Standards and Special Regulations for Indoor Shooting Ranges {C.M.C. Section 21.42.140.B.137); D. Parking Ordinance {C.M.C. Chapter 21.44) E. McClellan-Palomar Airport Land Use Compatibility Plan (ALUCP); and F. Growth Management (C.M.C. Chapter 21.90) and the Zone 5 Local Facilities Management Plan. The recommendation for approval for this project was developed by analyzing the project's consistency with the applicable regulations and policies. The project's compliance with each of the above regulations is discussed in detail in the following sections. A. General Plan (Planned Industrial Land Use Designation) The site has a General Plan Land Use designation of Planned Industrial {PI) with an implementing zoning designation of Planned Industrial {P-M). An indoor shooting range with retail uses is considered a conditionally permitted use in the P-M zone, and therefore the proposed project is consistent with the General Plan. Furthermore, the project complies with the various elements of the General Plan as illustrated in Table "B" below. CUP 15-09-GUNTHER GUNS SHOOTING RANGE August 17, 2016 Page 4 TABLE B-GENERAL PLAN COMPLIANCE Element Goals & Policies Proposed Uses & Improvements Land Use & Policy 2-P.37-Require new The proposed project falls within the boundaries Community development located in the of the McClellan-Palomar Airport Land Use Design Airport Influence Area (AlA) Compatibility Plan (ALUCP); more specifically, the to comply with the project site for the proposed use is contained applicable land use within Safety Zone 2. The Airport Land Use compatibility provisions of Commission (ALUC) determined indoor shooting the McClellan Palomar ranges within Safety Zone 2 to be "conditionally Airport Land Use compatible" with airport uses provided that the Compatibility Plan (ALUCP) people per acre is limited to 70 people. The through review and proposed use complies with the safety criteria of approval of a site usage intensity of the ALUCP since the calculated development plan or other people per acre (55) is less than the allowed development permit. people per acre (70). Although this project is Unless otherwise approved within the Airport Overflight Notification Area by City Council, and Avigation Easement Area, an overflight development proposals notification is not required due to non- must be consistent or residential development, and furthermore, conditionally-consistent recordation of an Avigation Easement is not with applicable land use required because none ofthe thresholds listed compatibility policies with under Section 2.11.5.a.1-4 are occurring. respect to noise, safety, airspace protection, and overflight notification, as contained in the ALUCP. Noise Policy 5-P.12-Use the noise Noise compatibility is evaluated pursuant to the policies in the McClellan-policies and noise contours as set forth in the Palomar Airport Land Use ALUCP, Section 3.3 Noise Compatibility Policies Compatibility Plan (ALUCP) for McClellan-Palomar Airport. The proposed to determine acceptability building is located within a 60-65 dB CNEL of a land use within the Noise Exposure Range pursuant to Exhibit 111-1 of airport's influence area (AlA) the ALUCP. The land use category for this site, as depicted in the ALUCP. for purposes of determining noise impacts, includes "retail sales." For the indoor shooting range use, the land use category most closely related is "industrial and manufacturing." Where the project site is exposed to 60-65 dB CNEL, the proposed land uses are considered compatible with no special noise mitigation required. Comply Yes Yes CUP 15-09-GUNTHER GUNS SHOOTING RANGE August 17, 2016 Page 5 TABLE B-GENERAL PLAN COMPLIANCE (CONTINUED) Element Goals & Policies Proposed Uses & Improvements Sustainability Policy 9-P.1-Enforce the A Greenhouse Gas Emissions study prepared for Climate Action Plan as the the project by LSA Associates, Inc. (April 21, city's strategy to reduce 2016) determined that the estimated C02 greenhouse gas emissions. equivalent emissions associated with both construction and operational activities are projected to be below the 900 metric ton screening threshold of the city's Climate Action Plan; and thus is exempt from the provisions of the CAP. Public Safety Policy 6-P.34-Enforce the The project requires building permit approval for Uniform Building and Fire tenant improvements. The building permit codes, adopted by the City, review process requires submittal of to provide fire protection construction drawings for review and compliance standards for all existing and with the Uniform Building and Fire codes. proposed structures. Comply Yes Yes B. & C. Carlsbad Airport Business Center Specific Plan (SP 200(B)); Planned Industrial (P-M) Zone (C.M.C. Chapter 21.34}; Conditional Use Permit Regulations (C.M.C. Chapter 21.42); and Development Standards and Special Regulations for Indoor Shooting Ranges (C.M.C. Section 21.42.140.B.137) The proposed use is located within the Carlsbad Airport Business Center Specific Plan (SP 200), which was first adopted in September of 1986, and later amended in October of 2002 (SP 200(B)). SP 200(B) identifies Planned Industrial for both the General Plan Land Use and Zoning designations for all properties within the specific plan boundaries. For permitted and conditionally permitted uses allowed, the specific plan defers to the underlying Planned Industrial (P-M) Zone. Indoor shooting ranges are a conditionally permitted use in the P-M Zone, and requires City Council approval of a Conditional Use Permit (CUP), subject to the provisions of C.M.C. Chapter 21.42 and further compliance with the Indoor Shooting Range Development Standards & Special Regulations found in C.M.C. Section 21.42.140.B.137. General Requirement No. c.17 of C.M.C. Section 21.42.140.B.137 also permits as part of a CUP for an indoor shooting range the retail sale and rental of firearms, storage of ammunition, and the sale of accessories onsite. Chapter 21.42 requires that four findings be made in order to approve a CUP. The four findings for approving CUP 15-09 are discussed below, as well as compliance with the required Development Standards & Special Regulations. Conditional Use Permit Findings 1. That the requested use is necessary or desirable for the development of the community, and is in harmony with the various elements and objectives of the General Plan, in that on January 12, 2016, after hearing requests from the community to support allowances for indoor shooting range uses, the City Council adopted Ordinance No. CS-290 approving a Municipal Code Amendment MCA 15- 03 and Zoning Ordinance Amendment ZCA 15-03, finding that Indoor Shooting Ranges should be allowed as conditionally permitted uses in the Planned Industrial (P-M) Zone, subject to additional operational standards; and as part of a CUP for an indoor shooting range, that the retail sale and CUP 15-09-GUNTHER GUNS SHOOTING RANGE August 17, 2016 Page 6 rental of firearms, storage of ammunition, and the sale of accessories onsite can also be permitted. The 16 lane indoor shooting range and 1,680 square foot retail gun store uses are proposed within an existing 13,932 square foot stand-alone building located within the Carlsbad Airport Business Center Specific Plan (SP 200(B)). SP 200(B) identifies Planned Industrial for both the General Plan Land Use and Zoning designations for all properties within the Specific Plan boundaries. For permitted and conditionally permitted uses, the Specific Plan defers to the underlying Planned Industrial (P-M) Zone. The site has a General Plan Land Use designation of Planned Industrial (PI) with an implementing zoning designation of Planned Industrial (P-M). An indoor shooting range with retail uses is a conditionally permitted use in the P-M zone, and therefore, the proposed uses are consistent with the General Plan Land Use designation. Also, the proposed uses are in harmony with the various elements of the General Plan in that their location within Safety Zone 2 of the McClellan-Palomar Airport Land Use Plan have been determined to be conditionally compatible with airport uses because the people per acre (55) is less than the allowed people per acre (70). 2. That the requested use is not detrimental to existing uses or to uses specifically permitted in the zone in which the proposed use is to be located, in that a Safety and Management Plan outlining the standard operating procedures for safety and conformance with environmental laws is included and made part of this CUP; the Safety and Management Plan has been reviewed by the city's Police Department, Public Works Department and Planning Division for conformance with all general requirements; all operational standards necessary to fit the proposed 161ane indoor shooting range and 1,680 square foot retail gun store uses have been met; the existing site has been designed to accommodate all required parking on-site and provides for adequate traffic circulation; the proposed indoor shooting range is properly located outside of the minimum 600-foot distance of separation from a school (public or private), public park, day-care facility, residential use, residential land use designation, and residential zoning district; the resultant peak noise level on the exterior building fa!;ade at the building property line is expected to range from 57.5 dBA to 59.0 dBA, which is below the maximum peak event threshold (65 dB); and the neighboring buildings existing construction and distance of separation (16 feet or greater) will provide a much greater noise reduction than the minimum 14 dBA noise reduction that is necessary to achieve an interior noise standard of 45 dB at the neighboring buildings. 3. That the site is adequate in size and shape to accommodate the yards, setbacks, walls, fences, parking, loading facilities, buffer areas, landscaping and other development features prescribed by code and required by the City Planner, Planning Commission or City Council, in order to integrate the use with other uses in the neighborhood, in that the 16 lane indoor shooting range and 1,680 square foot retail gun store use will occupy an existing 13,932 square foot stand-alone building with existing onsite landscaping and parking and requires no site alterations or additional amenities. The combined indoor shooting range (24 parking spaces) and retail gun store (6 parking spaces) requires 30 parking spaces. The subject property is allocated 30 parking spaces within an existing field of 220 common parking spaces made part of the Promontory Business Park and therefore meets all parking requirements. Additionally, the resultant peak noise level on the exterior building fa!;ade at the building property line is expected to range from 57.5 dBA to 59.0 dBA, which is below the maximum peak event threshold (65 dB); and the neighboring buildings existing construction and distance of separation (16 feet or greater) will provide a much greater noise reduction than the minimum 14 dBA noise reduction that is necessary to achieve an interior noise standard of 45 dB at the neighboring buildings. And lastly, the Promontory Business Park common property where the CUP 15-09-GUNTHER GUNS SHOOTING RANGE August 17, 2016 Page 7 indoor shooting range use is being proposed, is properly located well outside of the minimum GOO- foot distance of separation from a school (public or private), public park, day-care facility, residential use, residential land use designation, and residential zoning district. 4. The street system serving the proposed use is adequate to properly handle all traffic generated by the proposed use, in that the 16 lane indoor shooting range and 1,680 square foot retail gun store uses are provided access from Loker Avenue West, an Industrial Street segment, which is accessed from Palomar Airport Road and El Fuerte Street and is currently operating at an acceptable level of service. The 371 average daily trips associated with the proposed uses can be accommodated by the existing street system with no further improvements required. Development Standards & Special Regulations (Indoor Shooting Ranges) Compliance with the Development Standards & Special Regulations for Indoor Shooting Ranges, as required by C.M.C. Section 21.42.140.6.137, is demonstrated in Staff Report Attachments 4-7. The Safety and Management Plan, which is a detailed plan outlining the standard operating procedures for safety and conformance with environmental laws is included as part this CUP and has been reviewed by the city's Police Department, Public Works Department and Planning Division. The Safety and Management Plan is provided as Staff Report Attachment 7 -Gunther Guns Shooting Range Standard Operating Procedures & Safety Management Plan. All requirements for the Safety and Management Plan have been included and project compliance is demonstrated in Staff Report Attachment 6. Staff Report Attachment 4 identifies all of the surrounding land use constraints that are to be avoided when properly locating an indoor shooting range. As demonstrated by this exhibit, the proposed indoor shooting range is properly located outside of the minimum 600-foot distance of separation from a school (public or private), public park, day-care facility, residential use, residential land use designation, and residential zoning district. As it relates to other location requirements the proposed indoor shooting range is located within a stand-alone building, which at completion will occupy the entire 13,932 square foot interior building area. The existing tenant lease with Verdezyne is scheduled to terminate at the end of the year in order for Gunther's to utilize the full extent of this stand-alone building. Staff Report Attachment 5 identifies the General Requirements for the indoor shooting range and demonstrates how the proposed use complies. D. Parking Ordinance (C.M.C. Chapter 21.44) The parking requirement for each of the six buildings located within the common property of the Promontory Business Park was originally determined with the assumption that each of the buildings provides a combination of office, manufacturing, and warehouse uses. The 13,932 square foot subject building (2717 Loker Avenue West, Lot 2) has been allocated 30 parking spaces from within the total220 onsite parking spaces provided. The parking needs for the uses have been analyzed in accordance with C.M.C. Chapter 21.44. Table C below summarizes the parking requirements and demonstrates that the combined uses can accommodate all necessary parking as required by code. TABLE C-PARKING Proposed Uses Parking Ratio Spaces Required Spaces Provided Indoor Shooting Range 1.5 spaces per lane 24 spaces (16 lanes) Retail Gun Store 30 spaces (1,680 sq. ft.) 1 space per 300 sq. ft. 6 spaces CUP 15-09-GUNTHER GUNS SHOOTING RANGE August 17, 2016 Page 8 E. McClellan-Palomar Airport Land Use Compatibility Plan The proposed project falls within the boundaries of the McClellan-Palomar Airport Land Use Compatibility Plan (ALUCP). The ALUCP was adopted on December 1, 2011, and all projects within its boundary are required to be reviewed for consistency with its goals and policies. The ALUCP identifies four types of airport impacts that must be considered for each development: Noise, Airspace Protection, Overflight and Safety. Noise Compatibility The purpose of the noise compatibility policies are to avoid the establishment of new incompatible land uses and exposure of the users to levels of aircraft noise that can disrupt the activities involved. Noise compatibility is evaluated pursuant to the policies and noise contours as set forth in the ALUCP, Section 3.3 Noise Compatibility Policies for McClellan-Palomar Airport. References in this staff report will be made to Table 111-1 and Exhibit 111-1 of that Section, which are incorporated herein by reference. The existing building is located within the 60-65 dB CNEL Noise Exposure Range pursuant to Exhibit 111-1 of the ALUCP. The land use category for this site, for purposes of determining noise impacts, includes "retail sales." For the indoor shooting range use, the land use category most closely related is "industrial and manufacturing." Where the project site is exposed to 60 -65 dB CNEL, the proposed land uses are considered compatible with no special noise mitigation required. Airspace Protection Compatibility The purpose of the Airspace Protection compatibility policies are to ensure that structures and other uses of the land do not cause hazards to aircraft in flight within the Airport vicinity. Hazards to flight include: physical obstructions to the navigable airspace; wildlife hazards such as bird strikes; and land uses that create visual or electronic interference with aircraft navigation or communication. The airspace protection policies of the ALUCP rely primarily upon regulations enacted by the FAA and the State of California. Basically, the regulations require notification of the FAA of any proposed construction that could interfere with aircraft flight patterns. A component of a project containing any structure or objects that may exceed the height standards defined in the FAA's Part 77, Subpart C, must submit notification of the proposal to the FAA. This project is within the boundaries of the notification area pursuant to Exhibit 111-3 of the ALUCP incorporated herein by reference. However, because the proposed uses are being located within an existing building, and all proposed construction will consist of interior tenant improvements within the existing building, no exterior hazards to air navigation are proposed. Therefore, this section is not applicable. Overflight Compatibility The purpose of the overflight compatibility policies of the ALUCP are to help notify people about the presence of overflights near airports so that they can make an informed decision regarding acquisition or leasing of property, especially residential properties, in the affected area. The overflight policies are contained in Section 3.6 and the Notification Area is depicted on Exhibits 111-4 and 111-6 ofthe ALUCP. CUP 15-09-GUNTHER GUNS SHOOTING RANGE August 17, 2016 Page 9 Although this project is within the Airport Overflight Notification Area, it is non-residential development, and therefore, the recordation of an overflight notification is not required. In addition, Exhibit 111-6 identifies Avigation Easement Areas, which are subject to policies contained in Section 2.11.5. However, none of the thresholds listed under Section 2.11.5.a.1-4 occur, and therefore, the requirement to record of an avigation easement is not required. Safety Compatibility The purpose of the Safety compatibility policies are to minimize the risks of an off-airport aircraft accident or emergency landing to people and property on the ground close to the airport and to people on board an aircraft. Safety criteria relates primarily to "usage intensity" of people on a site as projected by a particular land use type. "Usage intensity" is defined as the maximum number of people per acre that can be in a given area at any one time. If a proposed use exceeds the maximum intensity, then it is considered inconsistent with the safety compatibility policies of the ALUCP. Six separate safety zones (Zones 1-6} are defined by the ALUCP. Each zone has maximum intensity levels for each zone. Zone 1 is the boundary of the Runway Protection Zone (RPZ} and is the most restrictive of the safety zones. Increased intensity is permitted with each higher safety zone with Zone 6 being the least restrictive. Contained within Section 3.4 of the ALUCP and incorporated herein by reference are Table 111-2, Safety Compatibility Land Use Matrix, and Exhibit 111-2, the Safety Compatibility Map. Exhibit 111-2 depicts the safety zones for the land surrounding McClellan-Palomar Airport. Table 111-2 is a matrix that sorts land uses by specific categories and defines maximum usage for each land use category by safety zone. The project site is entirely contained within Safety Zone 2. The portion ofthe building devoted to the gun store retail use is most closely defined in Table 111-2 as "Retail Stores". Table 111-2 prohibits shooting ranges in Zones 2 and 5; however, the Airport Land Use Commission determined (January 21, 2014} this to only apply to "outdoor" shooting ranges and that "indoor" shooting ranges shall be considered under the standards of assembly uses within the safety compatibility matrix for both safety zones. Therefore, "Indoor Small Assembly" with a capacity of 50 to 299 people, is the most comparable assembly type use listed in Table 111-2. The ALUCP identifies retail store and indoor small assembly uses in Safety Zone 2 as conditionally compatible with airport uses, provided that the people per acre is limited to a maximum of 70 people. The method for determining usage intensity based on required parking standards are as follows. First, the parking space demand must be determined for the proposed land uses. For this project, the retail gun store portion of the building has a parking demand of 1 parking space per 300 square feet of gross floor area (which is the individual retail uses parking standard per Section 21.44.020 of the Carlsbad Municipal Code), and the indoor shooting range portion of the building has a parking demand of 1.5 parking spaces per firing lane (which is the indoor shooting range parking standard per Section 21.44.020 ofthe Carlsbad Municipal Code). Next, a Vehicle Occupancy Ratio (average number of people per vehicle) is determined by using the guidelines provided in Appendix D of the ALUCP. The retail use has a projected Vehicle Occupancy range of 1.5 to 1.8 average people per vehicle, while the indoor shooting range use, which is most closely related to the recreational use category has a projected Vehicle Occupancy range of 1.5 to 2.3 average people per vehicle. For this analysis, staff used the most conservative values of 1.8 and 2.3 persons per vehicle per use. CUP 15-09-GUNTHER GUNS SHOOTING RANGE August 17, 2016 Page 10 Once the parking demand and the vehicle occupancy ratio are defined, the usage intensity is determined within the safety zone to ensure compliance with the policies of the ALUCP. A measurement of usage intensity is summarized in Table "D" below: TABLED-USAGE INTENSITY Airport Gross People Total Calculated Allowed Parking Parking People Zone Use Use Building per People Per People Ratio Req'd Vehicle Per Use Acreage Zone Sq. Ft. Ratio Per zone Acre Per Acre 2 Retail 1,680 1/300 6 1.8 10.8 1.2 9 Stores Indoor Small {1.5/per 2 Assembly 12,252 24 2.3 55.2 1.2 46 {50-299 lane) people) Based on Required Parking Spaces methodology, the proposed uses comply with the safety criteria of usage intensity of the ALUCP since the combined calculated people per acre {55) is less than the allowed people per acre {70). F. Growth Management Ordinance (Chapter 21.90 of the Carlsbad Municipal Code) and Zone 5 Local Facilities Management Plan. The proposed project is located within Local Facilities Management Zone 5 in the southwest quadrant of the City. The impacts on public facilities created by the project, and its compliance with the adopted performance standards, are summarized in Table "E" below. TABLE E-GROWTH MANAGEMENT COMPLIANCE Standard Impacts Comply City Administration N/A N/A Library N/A N/A Waste Water Treatment 3.16 EDU Yes Parks N/A N/A Drainage N/A N/A Circulation 371 ADT Yes Fire District No. 5 Yes Open Space N/A N/A Schools N/A N/A Sewer Collection System 3.16 EDU Yes Water 3,200 GPD Yes 70 70 CUP 15-09-GUNTHER GUNS SHOOTING RANGE August 17, 2016 Page 11 IV. ENVIRONMENTAL REVIEW The City Planner has determined that this project is exempt from the requirements of the California Environmental Quality Act (CEQA) per Section 15301, "Existing Facilities" and Section 15332, "In-fill Development Projects" of the State CEQA Guidelines and will not have any adverse significant impact on the environment. A Notice of Exemption shall be filed with the County Clerk upon approval of this project. ATIACHMENTS: 1. Planning Commission Resolution No. 7190 2. Location Map 3. Disclosure Statement 4. Constraints Exhibit 5. Indoor Shooting Range-General Requirements Compliance Exhibit 6. Indoor Shooting Range-Safety and Management Plan Compliance Exhibit 7. Gunther Guns Shooting Range Standard Operating Procedures & Safety Management Plan 8. Reduced Exhibits 9. Exhibits "A"-"G" dated August 17, 2016 NOT TO SCALE Gunther Guns Shooting Range CUP 15-09 City of Carlsbad DISCLOSURE STATEMENT P-1(A) Development Services Planning Division 1635 Faraday Avenue (760) 602-4610 www.carlsbadca.gov Applicant's statement or disclosure of certain ownership interests on all applications which will require discretionary action on the part of the City -Council or any appointed Board, Commission or Committee. The following information MUST be disclosed at the time of application submittal. Your project cannot be reviewed until this information is completed. Please print. Note: Person is defined as "Any individual, firm, co-partnership, joint venture, association, social club, fraternal organization, corporation, estate, trust, receiver, syndicate, in this and any other county, city and county, city municipality, district or other political subdivision or any other group or combination acting as a unit." Agents may sign this document; however, the legal name and entity of the applicant and property owner must be provided below. 1. APPLICANT (Not the applicant's agent) Provide the COMPLETE. LEGAL names and addresses of ALL persons having a financial interest in the application. If the applicant includes a corporation or partnership, include the names, titles, addresses of all individuals owning more than 10% of the shares. IF NO INDIVIDUALS OWN MORE THAN 10% OF THE SHARES, PLEASE INDICATE NON-APPLICABLE (N/A) IN THE SPACE BELOW. If a publicly-owned corporation, include the names, titles, and addresses of the corporate officers. (A separate page may be attached if necessary.) Person &~~ * L.\So... Gvn~e.t" Corp/Part'------------ Title Title _____________ _ Address Z-1 \1 Lc\::.er .f\'IJeAo.Je..Wb..Sr Address __________ _ Sv\te. ~ 1 C.o..c-\S'oCM:\:1 CA. 2. OWNER (Not the owner's agent) C\2-0\0 P-1(A) Provide the COMPLETE. LEGAL names and addresses of ALL persons having any ownership interest in the property involved. Also, provide the nature of the legal ownership (i.e., partnership, tenants in common, non-profit; corporation, etc.). If the ownership includes a corporation or partnership, include the names, titles, addresses of all individuals owning more than 10% of the shares. IF NO INDIVIDUALS OWN MORE THAN 10% OF THE SHARES, PLEASE INDICATE NON-APPLICABLE (N/A) IN THE SPACE BELOW. If a publicly-owned corporation, include the names, titles, and addresses of the corporate officers. (A separate page may be attached if necessary.) Person ·----------------------Corp/Part._--'~=--'V'\._:-\-_~_e...("...;...__-=U'-L--'G=--- Title __________________ _ Title _____________ _ Address _____________ _ Address ?..-1 \1 L()¥-e.\ A..J€...f\\LWJLS.-t Page 1 of 2 Revised 07/10 / I~ 3. NON-PROFIT ORGANIZATION OR TRUST If any person identified pursuant to ( 1) or (2) above is a nonprofit organization or a trust, list the names and addresses of ANY person serving as an officer or director of the non- profit organization or as trustee or beneficiary of the. Non Profit/Trust Non Profit/Trust ·-------------------Title ____________________ _ Title ________________________ _ Address --------------------Address ----------~------------- 4. Have you had more than $500 worth of business transacted with any member of City staff, Boards, Commissions, Committees and/or Council within the past twelve (12) months? DYes lv'l No If yes, please indicate person(s): _________________ __ NOTE: Attach additional sheets if necessary. I certify that all the above information is true and correct to the best of my knowledge. ??~~J~.k,o-- 7 Signature of owner/date Signature of applicant/date Print or type name of owner Print or type name of applicant s~~s agent if applicable/date Print or type name of owner/applicant's agent P-1(A) Page 2 of2 Revised 07/10 Shooting Range Constraints Sensitive Use Areas within ---600-foot Buffer from Sensitive Use Area 600 Feet of Industrial Land: -Industrial Land Subject to P-M Uses_ Impacted by the Buffer c:J Child Care -Industrial Land Subject to P-M Uses -Not Impacted by the Buffer CJ Park CJ Residential Area .. School I Staff Report Attachment No. 5 CUP 15-09-GUNTHER GUNS SHOOTING RANGE INDOOR SHOOTING RANGE DEVELOPMENT STANDARDS & SPECIAL REGULATIONS (C.M.C. 21.42.140.8.137.c.)-GENERAL REQUIREMENTS General Requirements Proposed Comply The applicant shall provide sufficient and At the construction drawing stage during the building permitting process, the proposed indoor Yes substantial evidence that the proposed indoor shooting range will be required to provide sufficient and substantial evidence that the proposed shooting range is properly designed, indoor shooting range is properly designed, constructed and equipped for the discharge of constructed and equipped for the discharge of firearms within the facility all to the satisfaction ofthe Building Official. The conceptual plans do firearms within the facility, to the satisfaction include typical National Rifle Association (NRA} exhibits for example purposes showing re-directive of the Building Official. The indoor shooting baffling on the ceiling and a rubber backstop trap. The project design also includes steel exit doors range shall be designed to safely contain within the range, concrete/masonry walls (minimum 8-inches thick), and double paned safety bullets within the range portion ofthe plate observation windows. building. Tactical shooting is permitted provided the The shooting range is presently designed for static shooting only (standing, sitting or lying from a Yes range design addresses this type of use. fixed location or position). The basic design characteristic of a static range are a fixed target line and a fixed firing line or lines at known distances, which in the case of this range are 20-yard and 25-yard lengths. A note is included on the plans stating that "no tactical shooting will be allowed". Tactical shooting (where the person firing is moving towards a target) would require additional building upgrades to prevent roof penetrations. Until such an improvement is installed and approved by the Building Official, the project has been conditioned to preclude tactical shooting. If the facility has approvals by the Building Official for tactical shooting, the CUP would not need to be revised or amended to allow for tactical shooting. A minimum of one range safety officer shall be As per Chapter 16 of the Gunther Guns Shooting Range Standard Operating Procedures & Safety Yes on duty during all operating hours. Management Plan (hereinafter referred to as the SOP & SMP), there will be at least one Range Safety Officer on duty at all times during shooting range operating hours. ------------ I Staff Report Attachment No. 5 CUP 15-09-GUNTHER GUNS SHOOTING RANGE INDOOR SHOOTING RANGE DEVELOPMENT STANDARDS & SPECIAL REGULATIONS {C.M.C. 21.42.140.8.137.c.)-GENERAL REQUIREMENTS General Requirements Proposed Comply Range safety officers shall be certified by the Chapter 2 of the SOP & SMP requires that "to become an RSO, one must be certified in the NRA Yes National Rifle Association Range Safety Officer Range Safety Officer course, or equivalent training, and receive training on the Standard Operative Program or equivalent training program (such Procedures (SOP) and show competency in operation of the range and in directing a shooting as law enforcement programs), and shall be activity". Chapter 16 identifies that there will be at least one RSO on duty at all times during responsible for: shooting range operating hours. The operations and maintenance ofthe shooting range will be i. The operation and maintenance of the the responsibility ofthe Range Master as stated in Chapter 2. A Range Master is considered the shooting range. highest level RSO. Chapter 2 identifies that the RSO will supervise safe shooting activities, which ii. Inspection of all firearms and includes the inspection of firearms and ammunition for proper function and operation. This ammunition for proper function and pertains to inside the range and at check-in. Chapter 2 further identifies the RSO as being operation. responsible for educating range users on range rules and the enforcement ofthose rules. Chapter iii. Enforcement of safety protocols and 3 covers the Gun Safety Rules applicable to general firearm safety; while Chapter 4 covers General the regulations of the indoor shooting Range Rules and discusses important topics such as Firing Line Policies, Firing Line Commands, range. Misfire or Malfunctions and Misconduct. Chapter 5 discusses the requirements for a Range Safety iv. Ensuring that all firearms and Briefing where the topic of discussion focuses on range safety and firearm handling, as well as ammunition at the indoor shooting what to do in case of an emergency (see Chapter 6). Lastly, Chapter 7 discusses the protocols for I range remain securely stored at all enforcement ofthe range rules. As discussed, the RSO is responsible for organizing, conducting times, and in compliance with all and supervising safe shooting activities, which includes but is not limited to ensuring that all applicable laws and regulations. firearms and ammunition remain securely stored at all times, and in compliance with all applicable I laws and regulations. No other weapons, other than legal firearms, The CUP has been conditioned to comply with this general requirement. Additionally, Chapter 4.4 Yes shall be discharged in an indoor shooting of the SOP & SMP clearly states that "no firearms classified as illegal under state or federal statute range. shall be allowed." Firearms classified as illegal under state or federal statute, shall not be allowed. Firearms or ammunition deemed not safe by Chapter 4.4 of the SOP & SMP discusses firearms and ammunition deemed to be unsafe. This the range safety officer shall not be discharged chapter specifically identifies the types of ammunition and firearms that are specifically prohibited within the indoor shooting range. as well as those that are allowed. Responsibility for compliance and discernment is assigned to the Range Master and/or RSO Firearms safety rules and regulations shall be Chapter 5 ofthe SOP & SMP addresses firearm safety rules and regulations which are to be Yes prominently posted in a general area of the administered via a range safety briefing to all range users of the shooting range as determined by the facility, and available to all customers of the Range Master. In addition, the project has also been conditioned to post firearm safety rules and establisnment. Compliance with those regulations in a prominent location of the facility; available to all customers of the establishment. regulations shall be monitored and enforced by a range safety officer, employed by the indoor shooting range. Staff Report Attachment No. 5 CUP 15-09-GUNTHER GUNS SHOOTING RANGE INDOOR SHOOTING RANGE DEVELOPMENT STANDARDS & SPECIAL REGULATIONS (C.M.C. 21.42.140.8.137.c.)-GENERAL REQUIREMENTS General Requirements Proposed Comply Indoor shooting ranges shall be permitted to Chapter 4.1 of the SOP & SM P identifies proposed hours of operation being Monday through Yes operate during the hours of 8:00a.m. to 10:00 Sunday, 10 am to 10 pm. For flexibility, should the applicant wish to operate the shooting range p.m., unless amended by the conditional use additional hours than initially proposed, the CUP has been conditioned to operate within the limits permit. of the ordinance. No person, employee, member, or customer of Range users entering and existing the premises are expected and required to follow state and local Yes an indoor shooting range shall be allowed to laws. The only people permitted to enter or leave the premise with a loaded firearm would be enter or leave the premise with a loaded concealed carry permit holders or law enforcement officials. Chapter 4.5 of the SOP & SMP firearm, unless permitted by or exempted by requires that range users enter and exit the range with an unloaded firearm (except in the case of state or federal law. concealed carry permit holders who must notify the range safety officer). Loading or unloading a 1 All firearms shall only be loaded on the firing firearm anywhere outside of the shooting range firing line is prohibited unless otherwise line under the supervision of the range safety instructed to do so by the range safety officer. Procedures for safely emptying a firearm and officer, unless permitted by or exempted by properly storing it for travel are also covered. I I state or federal law. Illegal drugs or alcohol may not be consumed The CUP has been conditioned to comply with this general requirement. Additionally, Chapter 3 of Yes I on the property, nor shall the sale of alcohol the SOP & SMP identifies six basic safety rules that are considered foundational for proper firearm I be permitted on the property. safety; one of which states: "Guns, alcohol and drugs do not mix. Avoid handling and using your Individuals deemed by the range safety officer, gun when you are taking medications that cause drowsiness or include warnings to not operate or other employees of the indoor shooting machinery while taking the drug." The RSO is responsible to educate and enforce compliance with range, to be under the influence of drugs the firearm safety rules. Chapter 4.6 of the SOP & SMP further outlines range policies governing and/or alcohol and as such present a safety misconduct; while Form 9.4 in Chapter 9 would be used to document any disciplinary action concern, shall be prohibited from utilizing the regarding misconduct, especially if someone was identified as shooting under the influence. indoor shooting range. Individuals who the range safety officer, or As it relates directly to suicide prevention, Chapter 10 (Section 10.14} of the SOP & SMP requires Yes other employees ofthe indoor shooting range, that rental firearms only be made available to persons who already own a firearm and have it in believes to pose a threat to themselves or their possession at the time of rental. Chapter 6 of the SOP & SMP covers emergency procedures others, shall be prohibited from utilizing the for both minor and major injuries, which does include contacting emergencies services via 9-1-1. indoor shooting range. The Carlsbad Police Department shall be contacted immediately if the range safety officer, or an employee, reasonably believes that a person on the premises may be a threat to themselves or '--others. Staff Report Attachment No. 5 CUP 15-09-GUNTHER GUNS SHOOTING RANGE INDOOR SHOOTING RANGE DEVELOPMENT STANDARDS & SPECIAL REGULATIONS (C.M.C. 21.42.140.B.137.c.)-GENERAL REQUIREMENTS General Requirements Individuals under eighteen (18) years of age will be allowed to utilize the facility, provided: i. They are at least eight years of age; and ii. They are accompanied by a parent or legal guardian, or are under adult supervision and a signed release and waiver of liability by the parent or guardian is provided. Proposed Chapter 20 of the SOP & SMP addresses this general requirement, stating that "individuals under eighteen (18) years of age will be allowed to utilize the facility as long as they are at least eight years old and they are accompanied by a parent or legal guardian or are under adult supervision and a signed waiver of liability by the parent or legal guardian is provided." All persons at the firing line shall wear Chapter 3 of the SOP & SMP identifies six basic safety rules that are considered foundational for approved eye and ear protection under the proper firearm safety and apply to an indoor range environment. Safety Rule No. 6 reminds all supervision of the range safety officer. persons in the indoor range environment ofthe potential for hearing damage and eye injury 1 All employees of an indoor shooting range resulting from the loud noises generated from fired guns, as well as the dangers from hot gases shall receive eye and ear protection and shall and debris that can be emitted. As such, Safety Rule No. 6 requires all person in the shooting receive proper training regarding the use of range to "Always wear ear and eye protection when shooting a gun." The RSO is noted as being suitable eye and ear protection. responsible for educating and enforcing compliance with gun safety rules. Chapter 10.15 states: The sale and rental of firearms, the proper storage of ammunition, and the sale of accessories onsite are permitted, subject to applicable state and federal laws. All such uses shall be clearly documented and considered as part ofthe conditional use permit application. The manufacture of ammunition shall not be allowed, except for bullet reloading, unless permitted through the conditional use permit. "Proper ear and eye protection is mandatory for all shooters ... " and that, "Ear and eye protection will be available for purchase." All uses are clearly depicted on the project exhibits and described within the staff report. Detailed construction plans for tenant improvements are required to be submitted to the Building Division for building permit plan check and approval subject to the California Building Code. This will also include review and approval by the Fire Department subject to the California Fire Code. The applicant indicates that to operate the retail store, licensing from the California Department of Justice (DOJ) and the Bureau of Alcohol Tobacco and Firearms (ATF) is required for determining compliance with state and federal laws relating to the proper storage of ammunition and sale and rental of firearms. The project will be subject to inspection prior to certificate of occupancy or operation of the new expanded areas. The applicant has indicated that they will not be reloading ammunition, nor are they requesting as part of their CUP to be allowed to reload ammunition onsite. However, they do note as part of the range operations that they will have reloaded ammunition provided from a separate manufacturer that is available for purchase and to be utilized on the shooting range. No manufacturing of ammunition is proposed. Comply Yes Yes Yes Yes Staff Report Attachment No. 5 CUP 15-09-GUNTHER GUNS SHOOTING RANGE INDOOR SHOOTING RANGE DEVELOPMENT STANDARDS & SPECIAL REGULATIONS (C.M.C. 21.42.140.B.137.c.)-GENERAL REQUIREMENTS General Requirements Proposed Comply All doors, gates, and entrances between the The start-up procedures outlined within Section 8.1 ofthe SOP & SMP requires the Range Master Yes shooting points and backstop shall be securely or RSO to visually inspect the range to ensure that any maintenance doors to the range are locked at all times when a person is engaged in properly locked prior to range operations. Additionally, Form 9.2 is provided as a standard "Start- practice shooting. Up/Shut-Down Checklist", which is required to be filled out daily by the Range Master or RSO prior to range operations and at the close of every day. Staff Report Attachment No. 6 CUP 15-09-GUNTHER GUNS SHOOTING RANGE INDOOR SHOOTING RANGE DEVELOPMENT STANDARDS & SPECIAL REGULATIONS (C.M.C. 21.42.140.8.137.d.)-SAFETY & MANAGEMENT PLAN Safety Management Plan Proposed Comply The safety management plan must be in Chapter 10 of the Gunther Guns Shooting Range Standard Operating Procedures & Safety Yes full compliance with the National Shooting Management Plan (hereinafter referred to as the SOP & SMP) identifies the National Shooting Sports Sports Foundation 5-Star Assessment, or Foundation (NSSF) Five Star Rating System as the procedures it plans to follow. In addition, the equivalent rating system (if applicable), architect/designer will be utilizing the NRA Range Source Book at the construction drawing phase as and/or the NRA Range Source Book: A indicated in correspondence provided by Lisa Gunther dated March 9, 2016. Guide to Planning and Construction, published by the National Rifle Association, or by an equivalent guidebook (if applicable) deemed comparable by the Carlsbad chief of police or designee, public works director or designee and city planner or designee. The safety management plans shall Chapter 13 of the SOP & SMP discusses surveillance. According to this chapter, surveillance cameras Yes include plans for the installation and will be installed on each side ofthe exterior of the building and will have a view of the parking lot. maintenance of interior and exterior Additional surveillance cameras will be installed in the gun store, lobby, firing lanes and all general surveillance cameras. Cameras shall areas of the indoor shooting range. Recordings from these cameras will be maintained for not less observe the parking lot, lobby, store, firing than 30 days and shall be made available to the Carlsbad Police Department upon request. Function lanes, and all general areas within an check will be performed on a daily basis by the Manager or person appointed by the Manager or the indoor shooting range and its perimeter. camera system operator. Recordings from the surveillance cameras must be maintained for not less than The conceptual floor plan designs show locations of proposed cameras inside and outside ofthe thirty (30) days and shall be made building. The location and installation of proposed cameras will be finalized at the construction available to members of the Carlsbad drawing stage during the tenant improvement building permitting process. police department upon request. The safety management plans shall Chapter 10.10 of the SOP & SMP identifies that the parking lot, building interior, firing lines and target Yes include plans for the installation and areas will be adequately illuminated during hours of operation. Please note that the Promontory maintenance of adequate exterior and Business Park, which this existing building is located, already includes exterior parking lot lighting for interior lighting. _ which no changes are proposed. The installation and maintenance of adequate exterior and interior building lighting will be finalized at the construction drawing stage in accordance with California Building Code. The safety management plans shall Chapter 11 of the SOP discusses safe display of firearms and ammunition. According to this chapter, Yes include protocols for the safe display and "Gunther Guns has already passed all guidelines for safe display of firearms and ammunition by the storage of firearms and ammunition. ATF and California Department of Justice. Following guidelines from these agencies is a requirement for Federal Firearms License issuance and renewal." No change in practice is bein~ proposed. Staff Report Attachment No. 6 CUP 15-09-GUNTHER GUNS SHOOTING RANGE INDOOR SHOOTING RANGE DEVELOPMENT STANDARDS & SPECIAL REGULATIONS (C.M.C. 21.42.140.B.137.d.)-SAFETY & MANAGEMENT PLAN Safety Management Plan Proposed Comply The safety management plans shall Chapter 12 of the SOP & SMP discusses emergency communications with Police and Fire services. Yes include Protocols to ensure open lines of According to this chapter it is stated that "in the case of an emergency, the fastest and most efficient communication exists between an indoor way to communicate with the Carlsbad Police and Fire Department is to dial 9-1-1. The police and fire shooting range and Carlsbad police and department may provide additional contact numbers as they deem appropriate." The proposal has fire departments. These protocols shall be been reviewed by both Police and Fire Departments; no addition protocols were identified. developed, with cooperation of the Carlsbad police and fire departments. The safety management plans shall Chapter 4.4 of the SOP & SMP discusses firearms and ammunition that are deemed or considered to Yes include Protocols to ensure that firearms be unsafe. This chapter specifically identifies the types of ammunition and firearms that are and ammunition deemed unsafe will not specifically prohibited as well as those that are allowed. Responsibility for compliance and be discharged within the firing line. discernment is assigned to the Range Master and/or Range Safety Officer (RSO). The safety management plan shall include Chapter 14 of the SOP & SMP discusses the protocols to ensure safe access behind the firing line. Yes Protocols to ensure access behind the According to this chapter, only the RSO or Range Manager can allow access behind the firing line. The firing line is provided in a safe and range MUST BE COLD with all firearms unloaded and ALL SHOOTERS standing behind the green lines. controlled manner. Chapter 4 also discusses the General Range Rules, including but not limited to, Gun, Ammunition and Target Policy; Firing Line Policies; Firing Line Commands; Misfire or Malfunction Policies; and Misconduct Policy. Areas of the indoor shooting range used The shooting range is presently designed for static shooting only (standing, sitting or lying from a fixed Yes for tactical shooting shall be clearly location or position). The basic design characteristic of a static range are a fixed target line and a fixed identified. firing line or lines at known distances, which in the case ofthis range are 20-yard and 25-yard lengths. A note is included on the plans stating that "no tactical shooting will be allowed". Tactical shooting (where the person firing is moving towards a target) would require additional building upgrades to prevent roof penetrations. Until such an improvement is installed and approved by the Building Official, the project has been conditioned to preclude tactical shooting. If the facility has approvals by the Building Official for tactical shooting, the CUP would not need to be revised or amended to allow for tactical shooting. The safety management plan shall include As it relates directly to suicide prevention, Chapter 10.14 of the SOP & SMP requires that rental Yes procedures to prevent suicides within the firearms only be made available to persons who already own a firearm and have it in their possession indoor shooting range. at the time of rental. Chapter 6 covers emergency procedures for both minor and major injuries, which includes contacting emergencies services via the 9-1-1 emergency call service. Staff Report Attachment No. 6 CUP 15-09-GUNTHER GUNS SHOOTING RANGE INDOOR SHOOTING RANGE DEVELOPMENT STANDARDS & SPECIAL REGULATIONS (C.M.C. 21.42.140.B.137.d.)-SAFETY & MANAGEMENT PLAN Safety Management Plan The safety management plan shall include procedures to prevent the theft of rented firearms. The safety management plan shall include plans to adequately staff the range with range safety officers. The safety management plan shall include an evacuation plan. The safety management plan shall include hours of operation. Proposed I Comply Chapter 15 of the SOP & SMP discusses procedures to prevent the theft of rented firearms. According I Yes to this chapter, the following procedures should help to reduce the possibility of a rental firearm being stolen: 1) No firearm will be rented to an individual that does not already own a firearm and has that firearm in their possession at the time of rental (this may be waived by discretion of RSO or Range Master); and 2) the driver's license of the renter will be held until the firearm is returned. Chapter 16 of the SOP & SM P discusses RSO staffing. According to this chapter, at least one RSO will I Yes be on duty at all times during shooting range operating hours. In order to adequately staff the facility with RSOs, most, if not all, employees will be trained as RSO's within 90 days of employment. The Range Manager may also double as an RSO in case there is an unexpected shortage of staff. Chapter 18 of the SOP & SMP discusses plans for evacuation in the case of an emergency. According to Yes this chapter, in the event of an emergency requiring a complete evacuation of the facility, the following procedures will be followed: 1. A warning siren will be sounded. Two air horns will be placed behind closed glass and accessible to all employees and customers in the gun store as well as in the shooting range. Exact placement and operation/actuation will be determined at the tenant improvement build out phase. 2. When the air horn is sounded: a. All shooting will STOP. b. All firearms will be unloaded. c. All employees and customers will immediately head for the nearest exit and wait for further instructions in the parking lot if it is safe to do so. 3. Emergency exit route signage will be posted. Chapter 4.1 of the SOP & SMP identifies proposed hours of operation as being Monday through I Yes Sunday, 10:00 a.m. to 10:00 p.m. Chapter 10.9 requires that regular hours of operation be clearly and prominently posted at the range's entrance. For purposes of flexibility, should the applicant wish to operate the indoor shooting range additional hours than initially proposed, the CUP has been conditioned to operate within the time limits of Section 21.42.140.B.137 .c.9 of the Carlsbad Municipal Code, which permits indoor shooting ranges to operate during the hours of 8:00a.m. to 10:00 p.m. Staff Report Attachment No. 6 CUP 15-09-GUNTHER GUNS SHOOTING RANGE INDOOR SHOOTING RANGE DEVELOPMENT STANDARDS & SPECIAL REGULATIONS (C.M.C. 21.42.140.8.137.d.)-SAFETY & MANAGEMENT PLAN Safety Management Plan Proposed Comply The safety management plan shall include Chapter 17 of the SOP & SMP discusses how the indoor shooting range proposes to reduce exposure to Yes a plan to reduce exposure to hazardous hazardous waste, provide clean air and decrease noise for all employees and customers: waste, provide clean air and decrease 1. The Range will follow as applicable the Lead Management & OSHA Compliance for Indoor noise for all employees and customers in Shooting Ranges by National Shooting Sports Foundation (NSSF) as provided within the accordance with the California Division of Appendix. Occupational Safety and Health and the 2. The Range will also look towards the City of Carlsbad's Safety Training Center's Range Standard National Institute for Occupational Safety Operating Procedures (RSOP} for guidance as applicable to a commercial indoor shooting range. and Health's (NIOSH) Preventing For information purposes, a copy ofthe City of Carlsbad's Safety Training Center's RSOP is Occupational Exposure to Lead and Noise provided within the Appendix. at Indoor Shooting Ranges, published by 3. A series of filters in the air circulation system will include High Efficiency Particulate Air (HEPA) the Centers for Disease Control and filters. These filters will collect and contain any lead or contaminants from the air within the Prevention. facility. While project design includes use of HEPA filtration in the air circulation system, final Disclosure and education regarding lead design will be provided as part of the tenant improvement build out phase and specifications will hazards shall be provided to employees be provided at that time, which will follow best practices and/or recommendations of the , and customers. C~rlsba~ Safety Ce~te~ or other des_ign experts. Similar to ~h~ Carl_sbad ~afety Center, all exhaust I A hazardous waste diversion and disposal a1r ventilated from ms1de the shootmg range out of the buildmg will be filtered to meet the plan in accordance with California California Environmental Protection Agency ambient air quality standards for lead. A condition Department of Toxic Substances Control to this effect has been included. regulatory standards. The removal of 4. In order to decrease noise exposure to those in the Range, all employees and customers will be lead, and any waste materials and liquids required to use adequate ear protection when entering the Range. that are contaminated with lead, must be 5. Disclosure and education regarding lead hazards will be provided to employees and customers. addressed in this plan. This plan shall also 6. OSHA "Danger Lead Work Area" will be posted in Range. Examples of signage is provided within include the recycling of spent lead bullets the Appendix. consistent with applicable state and 7. Work Partners Occupational Health Specialists or a similar clinic will be used to monitor federal law. employee lead levels. Exhaust air ventilated from inside the shooting range out of the building shall be Chapter 19 of the SOP & SMP discusses the hazardous waste diversion and lead disposal plan for the filtered to meet the California indoor shooting range. According to this chapter, the Range will comply with or require the following: Environmental Protection Agency ambient 1. The range will comply with the Encina Wastewater Authority's Pretreatment Ordinance. Wet air quality standards for lead. mopping in the Range will produce water that requires filtration before disposal. For information purposes, a copy of the Encina Wastewater Authority's Pretreatment Ordinance is included within the Appendix. Additionally, the project has been conditioned such that prior to operations of the shooting range, the applicant shall provide to the City Planner's satisfaction, receipt of issuance of a non-significant discharge permit from Encina Wastewater Authority for --the filtration and discharge of!all_g~ wa~!e vvater to the sevve_r_. --------------'----- Staff Report Attachment No. 6 CUP 15-09-GUNTHER GUNS SHOOTING RANGE INDOOR SHOOTING RANGE DEVELOPMENT STANDARDS & SPECIAL REGULATIONS (C.M.C. 21.42.140.B.137.d.}-SAFETY & MANAGEMENT PLAN Safety Management Plan Proposed Comply (Continued from section above) 2. The range will utilize TMC Shooting Range Specialists or a similar company to remove and recycle Yes lead from the bullet trap areas and the HEPA filters that are installed within the range filtration system. For informational purposes, a copy of TMC's Lead and Indoor Shooting Ranges as well as TMC's Shooting Range Requirements and Recommendations are included within the Appendix, which includes among other things, measures to prevent lead contamination in the workplace I and indoor shooting ranges. This chapter also has pledged a commitment to "work closely with the Carlsbad Safety Center to share information, constantly strive to improve this operating manual and keep employee and customer safety a top priority." 3. A California EPA ID for hazardous waste disposal will be applied for as required by the state. The project has also been conditioned such that prior to operations of the indoor shooting range, the applicant shall provide to the City Planner's satisfaction, receipt of issuance of a California EPA ID for hazardous waste disposal. 4. A Unified Program Facility Permit (UPFP} through the San Diego County Department of Environmental Health will be applied for. Similar to the above, the project has been conditioned such that prior to operations ofthe indoor shooting range, applicant shall provide to the City Planner's satisfaction, receipt of issuance of a Unified Program Facility Permit (UPFP), commonly referred to as a "Hazardous Materials Permit" or a "Health Permit" from the County of San Diego, Department of Environmental Health, Hazardous Materials Division. Staff Report Attachment No. 6 CUP 15-09-GUNTHER GUNS SHOOTING RANGE INDOOR SHOOTING RANGE DEVELOPMENT STANDARDS & SPECIAL REGULATIONS (C.M.C. 21.42.140.B.137.d.}-SAFETY & MANAGEMENT PLAN Safety Management Plan -Proposed Comply A plan to mitigate noise impacts on the A Noise Impact Study was prepared by LSA Associates, Inc. dated April 2016, which analyzed noise Yes surrounding community shall be provided. impacts for the two peak event thresholds as required herein. The study analyzed noise events for An indoor shooting range shall meet a both the 20-yard and 25-yard indoor shooting ranges (each with 8 firing lanes), which are individually peak event sound level of 65 dB, as separated by an 8-inch thick solid concrete/masonry wall and include rubber backstop bullet traps and measured at the property line. In re-directive baffling. In April 2009, the Department of Health and Human Services (DHHS), National addition, an indoor shooting range shall Institute for Occupational Safety and Health (NIOSH), completed a study entitled Preventing not cause the noise within buildings on Occupational Exposures to Lead and Noise at Indoor Firing Ranges, which specifically looked at noise the same lot or adjacent lots to exceed a levels associated with indoor gun ranges. LSA references this DHHS NIOSH study in their analysis and peak event sound level of 45 dB. A noise finds that the existing building construction combined with the design is expected to attenuate noise study shall be prepared consistent with such that the resultant peak noise level on the exterior building fac;:ade at the building property line will the requirements of the Carlsbad Noise range from 57.5 dBA to 59.0 dBA, which is below the maximum peak event threshold, and thus as Guidelines Manual demonstrating designed is compliant with this standard. Additionally, the neighboring buildings are constructed with compliance with the noise levels of this an exterior fac;:ade of light concrete and commercial-grade windows, and furthermore are separated by requirement. a distance of 16 feet or greater. LSA found that the existing building construction, combined with the degree of existing building separation, will provide for a much greater noise reduction measure than the minimum 14 dBA reduction (from the exterior noise level of 59.0 dBA) that is necessary to achieve an interior noise standard of 45 dBA at the neighboring buildings, and thus as designed is compliant with this standard. An operational condition has been added requiring a subsequent acoustical analysis to ensure final construction design has achieved these standards. 7/17/16 CONTENTS/REFERENCES: RE: CUP 15-09 GUNTHER GUNS SHOOTING RANGE Gunther Guns Shooting Range Standard Operating Procedures & Safety Management Plan Appendix: Five Star Rating System by National Shooting Sports Foundation lead Management & OSHA Compliance for Indoor Shooting Ranges Firearm Safety Certificate by California Department of Justice TMC Shooting Range Specialists "Lead and Indoor Shooting Ranges" and TMC "Shooting Range Requirements and Recommendations" Mise Lead Info a) Hazardous Waste ID Number, b) OSHA Quick Card, c) Danger lead Work Area sign, d) Occupational health blood lead level testing Pretreatment Ordinance for the Encina Wastewater Authority GUNTHER GUNS SHOOTING RANGE Standard Operating Procedures & Safety Management Plan 7/17/2016 CHAPTER 1: INTRODUCTION AND GENERAL DESCRIPTION Gunther Guns provides firearm and firearm accessories sales as well as a full service shooting range. As a leader in top customer service in the firearm industry, Gunther Guns is dedicated to providing a safe environment for citizens to learn to shoot and enjoy the sport of recreational shooting. Gunther Guns is located in Carlsbad's Industrial PM Zone at 2717 Loker Avenue West, Carlsbad, CA 92010. CHAPTER 2: THE ROLE OF A RANGE SAFETY OFFICER The role of a Range Safety Officer (RSO) is to maintain basic knowledge and skills necessary to organize, conduct, and supervise safe shooting activities and range operations. RSO's will strive to always be alert and ready to perform duties and responsibilities as appropriate. As an RSO, you must have a positive attitude. Of the three attributes (knowledge, skills, attitude), attitude is extremely important when it comes to safety. Take being an RSO seriously. Although it is everyone's responsibility to be safe, it is your responsibility to educate range users on range rules and to enforce range rules. To become an RSO, one must be certified in the NRA Range Safety Officer course, or equivalent training, and receive training on the Standard Operative Procedure (SOP) and show competency in operation of the range and in directing a shooting activity. Upon receiving training, you will conduct one shooting activity under the supervision of the Range Master. Once this is done in a professional, competent manner, an RSO may conduct shooting activities as the sole RSO at minimum. Range Master is defined as person in charge of a shooting range. This would be owners, general manager or otherwise designated person or persons in charge of range. The Range Master's duties and responsibilities may include, but are not limited to the following: 1) Manage day-to-day operations such as maintenance, monitoring security, supervising clean-up, and enforcing policies related to safety and compliance 2) Track costs and work with bookkeeper/ accountant to optimize expenses and maximize profit while keeping safety the top priority 3) Perform duties of RSO as needed 4) Range Master may assign any of these duties to another qualified employee 5) Make sure that release forms/waivers are collected and stored, insurance requirements are met, and requirements or permits from outside governing bodies are met and kept current 6) Draft, review and establish compliance and safety protocols for standard operating procedures, maintenance procedures, storm water pollution protection, lead poisoning prevention and employee safety 6) Hire and schedule RSOs. It is recommended that the RSO and Range Master hold certifications in First Aid Training and CPR. CHAPTER 3: GUN SAFETY RULES Per the "Firearm Safety Certificate Study Guide" January 2015 edition by the Office of the Attorney General of the California Department of Justice Bureau of Firearms, there are 6 basic gun safety rules: 1. Treat all guns as if they are loaded. 2. Keep the gun pointed in the safest possible direction. 3. Keep your finger off the trigger until you are ready to shoot. 4. Know your target, its surroundings, and beyond. 5. Know how to properly operate your gun. 6. Store your gun safely and securely to prevent unauthorized use. Guns and ammunition should be stored separately. The six basic safety rules are considered a foundation for gun safety. Additional safety points which apply in an indoor range environment (as well as other environments) are as follows: 1. Never handle a gun when you are in an emotional state such as being angry or depressed. Your judgment may be impaired. 2. Never shoot a gun into the air in celebration. 3. Do not shoot at flat or hard surfaces. 4. Hand your gun to someone only after you verify that it is unloaded. 5. Guns, alcohol and drugs do not mix. Avoid handling and using your gun when you are taking medications that cause drowsiness or include a warning to not operate machinery while taking the drug. 6. The loud noise from a fired gun can cause hearing damage, and the debris and hot gas that is often emitted can result in eye injury. Always wear ear and eye protection when shooting a gun. A RSO will be responsible to educate and enforce compliance with gun safety rules. 3.1 Rules for Passing a Gun to Another Person Before handling a gun, one should know the parts of a gun and what they do mechanically. Once you have the nomenclature down, practice loading and unloading with dummy rounds (also called snap caps; fake bullets that do not fire that are used for training and practice purposes). Always remember to keep the gun pointed in a safe direction and keep your finger off the trigger until ready to shoot. While doing the aforementioned, in order to pass a gun to another person: 1. Engage the mechanical safety (if available on the firearm). 2. Unload the gun. 3. Inspect the action. 4. Leave action open. 5. Pass the gun to the other person by having the gun facing them so they can see that the gun in unloaded. A good way to do this is to grab the barrel behind the muzzle and pass so that the receiving person can grab the grip safely. 6. The other person inspects the gun to confirm that it is unloaded. Chapter 4: GENERAL RANGE RULES 4.1 Range Hours of Operation Hours of operation will be Monday through Sunday from 10 AM to 10 PM or within guidelines of Ordinance No. CS-290 which allows hours to be at most 8 AM to 10 PM. Range hours are subject to change as determined by the Range Master or owner. If range hours are changed, the Carlsbad Police Department will be notified in writing as well as the Bureau of Alcohol, Tobacco and Firearms. 4.2 Range Attire and Food/Drink Policy 1. No food, drink or gum allowed within the range area. 2. Safety glasses and ear protection are required at all times during live fire inside the range. 3. Full coverage shoes or boots are required. No open-toe shoes or sandals permitted. 4. Shooting gloves are authorized. 5. It is recommended (but not required) to wear a hat with a brim or adequate safety glasses so that hot brass does not come in contact between skin and safety glasses. 6. It is recommended to wear at-shirt type collar so that hot brass does not come in contact between skin and shirt. 4.3 RSO to Student Proficiency Level Ratio Policy New shooters must take a beginner class or orientation before using the range. New shooters, medium level shooters and experienced shooters. New shooters are defined as having little or no shooting experience. Either the shooter or RSO can request that they I someone be treated as a new shooter and have more supervision or be required to take a beginner class. Medium level shooters are defined as having limited shooting experience with firearms but can operate a gun safely. They have questions from time to time about the use of firearms. These questions or concerns should be addressed prior to operating the firearm. Experienced shooters show a working knowledge of firearms and have many years of experience handling firearms. They can be consulted with and used by RSOs to help new shooters become more familiar with firearms. 4.4 Gun, Ammunition and Target Policy The following types of ammunition are not allowed on the range: 1. Tracer or any other incendiary ammunition. 2. Armor piercing/ steel core. 3. Steel jacket. 4. Explosive. 5. M855 rounds. 6. Muzzle loaded. Range users cannot typically bring their own reloaded/hand loaded ammunition unless approved by RSO or Range Master. In general, only factory ammunition or range provided/approved reloads are allowed. Only functioning checked and approved weapons are allowed. No modified weapons are allowed unless approved by the Range Master or RSO. No automatic weapons are allowed on the range. Range users will be able to purchase ammunition and paper targets for use at the range. Only authorized ammunition is allowed. Authorized ammunition includes but is not limited to: .22 LR .25 ACP .32 .357 MAGNUM .38 SUPER .38 SPECIAL .380 9mm .40S&W .44 SPL .45 ACP .45 LC ,45 GAP .270 .243 .308 7.62 .223 5.56 .300WIN MAG The actualjfinallist will be determined at the design phase of the range and be subject to change. Range Master and/or RSO will make final determination on allowed ammunition. No firearms classified as illegal under state or federal statute shall be allowed. 4.5 Firing Line Policies The only shooting allowed on the range is from the firing line. Any shooting outside of that limitation needs to be submitted to the Range Master for approval. The range is designed as a "Cold Range". This means that you must enter the range with an unloaded gun (except for concealed firearm permit holders -in which case they must notify the RSO). You cannot load your gun or insert the magazine until you are at the red firing line or instructed to do so by the RSO. Once you are finished shooting a particular set and would like to leave the safety zone (area between yellow and red lines), you will1) remove magazine, 2) cycle the action and hold back to visually inspect chamber and make sure it is empty, 3) allow the slide/action to close and point the firearm down range and pull the trigger to make sure there is no round, and 4) holster or store the firearm with no magazine. The only place to load ammunition into a magazine is inside the range. Firearms are not be loaded anywhere else in the facility. Loaded magazines are only allowed to be inserted into a firearm at the firing line. 4.5.1 Firing Line Commands Range commands are clear, short, easily understood, heard and require immediate response. Properly issuing commands is a critical skill for an RSO. Avoid excess commands or wordy explanations that would interfere with concentration. Anyone may call for a "Cease Fire" or "Stop" if they see something that is unsafe. "Unload and show clear" can be used if there is a need to go down range, when someone leaves the safety zone, or when there is an emergency. 4.5.2 Misfire or Malfunction Policies The RSO needs to know the difference between a stoppage and a malfunction to determine why the gun did not fire. You are to know how to safely take a gun from a shooter and clear it on your range when the shooter cannot clear it on their own. There are two major categories of malfunctions: 1) gun malfunctions and 2) ammunition malfunctions. Examples of gun malfunctions are as follows: 1) the bolt fails to lock a round into position 2) a stove-pipe in a semi-automatic pistol and 3) double-feed. Examples of ammunition malfunctions are as follows: 1) misfire 2) hang-fire and 3) squib load. In the case of a misfire or hang-fire, use the following procedure: keep the gun pointed down range (this is the safest direction) and wait at least 30 seconds in case it is a hang-fire. In case of a squib load, use the following procedure: stop firing immediately, keep the gun pointed down range, unload the gun and mark sure the chamber is empty. Then, insert a cleaning rod down the barrel from the chamber end (if possible) to make sure the bullet is not lodged in the barrel. As the RSO on duty, if you see a shooter experience an ammunition malfunction, watch the shooter and move to a location where you can respond or react to what the shooter does. The shooter should follow the instructions given during the range safety briefing, but if they start to do something incorrect, like look down the barrel, you must be prepared to step in. Be in control and in a low, but firm, voice say "Stop! Point the muzzle down range!" Only as a last resort would you grab the shooter's hands to control the gun as you could make the situation worse. Instruct the shooter to keep the gun pointed down range and wait 30 seconds before unloading the gun. 4.6 Misconduct Policy Any non-conformance to range rules or RSO or Range Master instruction will result in removal from the range and lost privileges to use range (applies to clients) or possible termination of employment (applies to employees). Any shooter may be removed from the range for horseplay, misconduct, unsafe behavior, or any activity or attitude not conducive to a safe shooting environment at the discretion of the RSO or Range Master. Depending on the severity of the incident, range privileges may be revoked for the day or a longer period of time, a memo documenting the event may be written up, a verbal warning may be given, further firearm training may be required before being allowed back on the range (if at all) or another action may be taken. Range users will have agreed prior to being allowed to use the range to follow all instructions by RSOs or the Range Master, even if this means leaving the range as instructed to do so if necessary. Chapter 5: RANGE SAFETY BRIEFING Range users will receive a safety briefing either by way of a watching a safety video (on site, off site, online or via other media), safety booklet, safety booklet and safety test where the proposed range user must score a pre-determined minimum passing score or some other manner of showing a basic level of knowledge. Safety briefing requirement will be determined by the Range Master. Range safety briefings prepare shooters to safely and efficiently participate in a first time shooting activity on the range. The briefing should be conducted immediately prior to, or as close to, the first shooting session as possible and may last only a few minutes. Topics during this briefing in regards to shooters are to focus on range safety and firearm handling. Topics during this briefing in regards to employees would include, but are not limited to the following: 1) Explanation of the role of range personnel in regards to ensuring safety 2) Range layout and limits 3) Range safety rules 4) Firing line commands and 5) Emergency procedures. Go over to where the trauma kit is and what is inside of it. Go over the procedures of what to do in case of an emergency. Chapter 6: EMERGENCY PROCEDURES An emergency situation can occur at any time on the range. The procedure for a minor injury is as follows: 1. Render aid and/ or first aid. 2. Direct person to seek appropriate medical attention if necessary. 3. The person may commence firing again if injury is minor and will not affect their ability to shoot safely. 4. Complete a report for record. The procedure for a major injury is as follows: 1. Render aid and/or first aid. 2. Task someone to call 9-1-1. 3. Task someone to direct emergency vehicle to the incident. 4. Task someone to record the time and actions taken during the emergency. 5. Task all witnesses to write down what they saw. 6. Continue to provide aid until emergency medical services arrives. 7. Complete a report for the record. Chapter 7: GENERAL RANGE RULES 7.1 Enforcement of Range Rules Range rule enforcement is the responsibility of the RSO. Although anyone that sees anything unsafe or of concern is encouraged to tell an RSO or range employee. Actions taken to enforce rules are as follows: 1. Educate to reduce incidents from occurring. 2. Warning. 3. Penalties. 4. Removal from Range. 5. Loss of privileges. 7.2 There forms that will be employed for use for range operation. They are, but are not limited to, the following forms: 1. Waiver-This is to be signed and kept on file for anyone that is participating in a shooting activity. 2. Start-up/Shut-down Checklist-This is used during start-up j shut- down to ensure that all necessary steps are taken for beginning and end-of-day. 3. Injury /Emergency Report-Used to report an incident. 4. Disciplinary Report-This is used after a penalty is assessed for someone not complying with range rules and/ or policies. It can notate a warning or a loss of privileges. 5. Sign-in Sheet-Used to log type and quantities of firearms and ammunition used. These forms will be referenced at end of this procedures are in draft form. Chapter 8: START-UP AND SHUT-DOWN PROCEDURES 8.1 Start-Up Procedures 1. Range Master and/ or RSO arrive 15 minutes early to prepare range. 2. Ensure that all shooters remain outside the range area during start-up. 3. Ensure that all shooters have signed in with firearm / ammo type and quantities. 4. Ensure that all shooters have filled out a current waiver and it is on file. 5. Start the air flow circulation equipment. 6. Visually inspect the intake filters on air handling equipment to make sure there are no breaches. 7. Visually inspect the bullet trap. 8. Look for any damage of steel and/ or walls. 9. Visually inspect cables from trap to trusses for tension. 10. Ensure that any maintenance doors to range are locked from the outside. 11. Turn on "range in use" lights or put up "range in use" signage. 12. Turn all lights on inside the range. 13. Make sure the trauma kit is present and accessible. 14. Visually inspect the interior of the range. Report any damage or signs of accidental discharge. 15. The RSO should have visual of all shooters during any shooting activity. 8.2 Shut-Down Procedures 1. Ensure that all weapons are clear visually and have been cleared. 2. Cleanup all spent shell casings on the lane tables and on the floor in the range. 3. Put all trash including used targets and ammo boxes in the trash barrel and empty when needed. 4. Visually inspect the interior of the range. Report any damage or signs of accidental discharge. 5. Sweep floor down to the furthest red line on the floor. 6. Visually inspect the bullet trap. 7. Shut down the air handling system. 8. Shut down the ventilation system. 9. Turn off lights inside the range. 10. File range use log. Chapter 9. FORMS Forms begin on next page. Forms are in draft version and are subject to change and improvement. 9.1 Waiver Form (as per Section 7.2.1) Draft. WAIVER FORM (Participant Agreement, Release and Acknowledgment of Risk) In consideration of the services of Gunther Guns Indoor Shooting, their agents, owners, officers, volunteers, participants, employees, consultants and all other persons or entities acting in any capacity on their behalf (hereinafter collectively referring to as Gunther Guns Range), on behalf of myself, my children, my parents, my heirs, assigns, personal representative and estate as follows: 1. I acknowledge that target practice at a shooting range entails known and unanticipated risks which could result in physical or emotional injury, paralysis, death, or damage to myself, to property, or to third parties. I understand that such risks simply cannot be eliminated without jeopardizing the essential qualities of the activities. These risks include, among other things, the following: Participation may result in the undersigned or third parties being shot by a firearm; suffering hearing loss; eye injury or loss; inhalations or contact with airborne contaminants and/or flying debris. Furthermore, Gunther Guns Range employees/ volunteers have difficult jobs to perform. They seek safety, but they are not infallible. They might be unaware of a participant's fitness or abilities. They may give inadequate warnings or instructions, and the equipment being used might malfunction. 2. I expressly agree and promise to accept and assume all of the risks existing in this activity. My participation in this activity is purely voluntary and I elect to participate in spite of the risks. I agree to not file a lawsuit against Gunther Guns Range for any reason. 3. I hereby voluntarily release, discharge, and agree to indemnify and hold harmless Gunther Guns Range from any and all claims, demands, or causes of action, which are in any way connected with my participation in this activity or my use of Gunther Guns Range equipment or facilities, including any such claims which allege negligent acts or omissions of Gunther Guns Range. 4. Should Gunther Guns Range, or anyone acting on their behalf, be required to incur attorney's fees and costs to enforce this agreement, I agree to indemnify and hold them harmless for all such fees and costs. 5, I certify that I have adequate insurance to cover any injury or damage I may cause or suffer while participating, or else I agree to bear the costs of such injury or damage I may cause or suffer while participating, or else I agree to bear the costs of such injury or damage myself. I further certify that I have no medical or physical conditions which could interfere with my safety or the safety of anyone else in this activity, or else I am willing to assume (and bear the costs of) all risks that may be created, directly or indirectly, by any such condition. By signing this document, I acknowledge that if anyone is hurt or any property is damaged during my participation in this activity, I may be found by a court of law to have waived my right to maintain a lawsuit against Gunther Guns Range on the basis of any claim from which I have released them herein. I have had sufficient opportunity to read this entire document. I have read and understood it, and agree to be bound by its terms. Signature of Participant: Print Name: Address: Phone: Date: Emergency Contact Person:--------------------- Relationship to Participant: --------------------- Contact Person Phone Number: Contact Person Address: 9.2 Start-Up/ Shut-Down Checklist (as per Section 7.2.2) Draft. RSO: RSO: Notes: RANGE START-UP/SHUT-DOWN FORM _________ START Date/Time: ____ f ____ _ All shooters outside of range area. All shooters have signed in on Sign-in Sheet. All shooters have filled out a current waiver. Turn on air /filter I circulation unit/units. Visually inspect intake filters. Visually inspect the bullet trap. Visually inspect steel and/or walls. Visually inspect cables from trap to trusses for tension. Any maintenance doors to range are locked from outside. Turn on any "range in use" lights or put up "range in use" signage. Turn on lights inside range. Verify that trauma kit is present and accessible. Visually inspect interior of range. END Date/Time ____ f __ _ All weapons are clear visually. Cleanup spent shell casings on lane tables and on floor in range. All trash into trash barrel. Visually inspect interior of range. Sweep floor down to furthest red line on the floor (this is outside shooting lanes). Visually inspect bullet trap. Shut down air /filter I circulation unit/units. Turn off lights inside the range. File. 9.3 Injury I Emergency Report (as per Section 7.2.3) Draft. INJURY I EMERGENCY REPORT FORM Injured Person's Name: Telephone No. (day): _____ _ Telephone No. (evening): ____ _ Date of Injury: ________ _ Nature and extent of injury (specify parts of body): Describe how the injury occurred: ----------------- Describe first-aid given: First-aid provide by (include names and phone numbers): Disposition (name of hospital, phone number, time of transport, etc.): Notification of next of kin (specify time, person contacted, method): Location of incident and condition of area: ______________ _ Was protective equipment worn (if applicable): Describe steps taken to preserve the scene (equipment, photographs, etc.): Witness statements: Interview witnesses separately. Use attachments if needed. Witness Name: __________ Statement attached? Yes No Address: Phone No. (day): ______ Phone No. (evening): ________ _ Witness Name: __________ Statement attached? Yes No Address: Phone No. (day): ______ Phone No. (evening): ________ _ Notes/Comments: Injury report completed by: Name: ____________ _ Title: ___________ _ Signature:-----------Date: ___________ ___ Disposition and follow-up notes: Name: ____________ _ Title:------------ Signature: __________ _ Date: ___________ _ 9.4 Disciplinary Report (as per Section 7.2.4) Draft. DISCIPLINARY REPORT Person Disciplined: ___________ Date: _____ Time: __ Address of Disciplined: Phone No. (day): ______ Phone No. (evening): --------- Describe what occurred to incur the discipline: ------------- Describe what warnings were given: ----------------- Statement of Range Safety Officer j Other: _____________ _ Statement of Disciplined Individual:----------------- Witness statements: Interview witnesses separately. Use attachments if needed. Witness Name: __________ Statement attached? Yes No Address: Phone No. (day): ______ Phone No. (evening): ________ _ Witness Name: __________ Statement attached? Yes No Address: Phone No. (day): ______ Phone No. (evening): ________ _ Notes/Comments: Discipline report completed by: Name: ____________ _ Title: ___________ _ Signature: __________ _ Date: ___________ _ Disposition and follow-up notes: Name: _____________ _ Title:------------ Signature: ___________ _ Date: ___________ ___ 9.5 Sign-In Sheet (as per Section 7.2.5) Draft. DAILY SIGN-IN SHEET Date: __ j __ j20 __ _ L 2. 3. etc. Name Total Rounds Expended: Handgun/ Rifle / Shotgun This may be an electronic sign-in sheet on computer or tablet. Ammo Type/Qty Chapter 10: NSSF Five Star Rating Procedures 10.1 Signs. Outdoor signs will comply with Carlsbad Municipal Code Ch. 21.41 and any other special restrictions required by conditional use permit. Outdoor sign will be easily read and maintained to give a professional image. Telephone number will be clearly posted near the entrance for the convenience of potential new customers and members. Signage will be installed that clearly states basic range and/or firearm safety rules and will be posted where everyone can see it, and it is readable and maintained. A quality "Welcome" sign will be installed and maintained. A "Thanks for Coming" sign will be posted at the facility's exit. 10.2 Facility Exterior. All building exteriors will be properly maintained. All windows will be kept clean and uncluttered. Grounds cleanup will be part of a weekly operating procedure. Walkways, curbs and firing lines will be regularly maintained for both safety and appearance. Facility landscaping will be well maintained. 10.3 Facility Interior. Interiors of the public-access will be properly maintained. Range furniture will be comfortable and well maintained. Facility interior will get a thorough cleaning (vacuuming, dusting, wipe-downs, etc.) on a regularly scheduled weekly basis. 10.4 Ingress/Egress. Driveway and parking lot will be paved and well maintained. 10.5 Office Technology. A computer will be available to receive NSSF Bullet Points and My NRA News. Facility will install a fax machine to send and receive documents. An answering machine will be installed with a regularly updated message that gives hours of operations and any special information. 10.6 StaffTraining. Staff will be required to attend at least one formal skills-development training seminar every year. A formal training seminar is mandatory for all new employees. There will be a mandatory monthly staff meeting that includes a discussion of customer /member services. All staff will be provided with a written operations/procedures manual for immediate reference. All staff is trained to, and evaluated on, promptly greeting/welcoming visitors. 10.7 Manager. Facility will have a full-time manager. 10.8 Staff Uniforms. Staff is required to wear a clean uniform. All employees, including the owner and/or manager, will have names embroidered on their uniforms or wear nametags. 10.9 Hours of Operation. Regular hours of operation will be clearly and prominently posted at the range's entrance. 10.10 Lighting. Parking lot will be adequately illuminated during hours of operation. Building interior will also be adequately illuminated during hours of operation. Firing lines and target area will be adequately illuminated during hours of operation. 10.11 Restroom Facilities. Facility will have indoor restrooms. Facility will have separate men's and women's restrooms for customers. Restrooms will be cleaned and restocked with the necessities at least twice a week or as necessary. 10.12 Handicap Access. Range will be handicap accessible. 10.13 Equipment Rentals. Rental guns will be available for on-range use. 10.14 Suicide Prevention. Rental guns will only be available to persons who already own a firearm and have it in their possession at time of rental. 10.15 Ear and Eye Protection. Proper ear and eye protection is mandatory for all shooters. Ear and eye protection will be available for purchase. The Range will not be held liable for improper use of ear and eye protection. 10.16 Instruction. Private instruction will be available by appointment only. 10.17 Advertising. Offer a brochure that fully describes our facility and what's available on-site. Our range will be listed in the Yellow Pages. Our facility will have a published website. Our range will be listed in Black's Wing & Clay annual directory, on NSSF's Where to Shoot website, or NRA's National Registry of Places to Shoot. Phone numbers and hours of operation will be listed in every ad or listing. 10.18 Community Involvement. Carlsbad residents will be welcomed via personal invitation, mail or advertisement in the community's primary newspaper. Range will be member of Carlsbad Chamber of Commerce. Service or civic groups such as Rotary, Kiwanis, Jaycees, etc. as well as youth groups such as Boy Scouts, 4H, etc. will be able to reserve lanes as coordinated with Range Master or RSO. At least one local charity event or charity drive will be held each year. 10.19 Corporate Citizenship. Our Range will have a written safety plan in place and our staff will be trained and prepared to use it. CHAPTER 11. Safe Display of Firearms and Ammunition Gunther Guns has already passed all guidelines for safe display of firearms and ammunition by the ATF and California Department of Justice. Following guidelines from these agencies is a requirement for Federal Firearms License issuance and renewal. Chapter 12. EMERGENCY COMMUNICATION BETWEEN CARLSBAD POLICE AND FIRE DEPARTMENTS In case of an emergency, the fastest and most efficient way to communicate with the Carlsbad Police and Fire Department is to dial 9-1 -1. The police and fire department may provide additional contact numbers as they deem appropriate. Chapter 13. SURVEILLANCE CAMERAS Surveillance cameras will be installed on each side of the exterior of the building and will have a view of the parking lot. Additional surveillance cameras will be installed in the gun store, lobby, firing lanes and all general areas of the shooting range. Recordings from these cameras will be maintained for not less than 30 days and shall be made available to the Carlsbad Police Department upon request. Function check will be performed on a daily basis by the Manager or person appointed by the Manager or the camera system operator. Chapter 14. PROTOCOL TO ENSURE SAFE ACCESS BEHIND THE FIRING LINE Only the RSO or Range Manager can allow access behind the firing line. The range MUST BE COLD with all firearms unloaded and ALL SHOOTERS standing behind the green lines. Chapter 15. PROCEDURES TO PREVENT THEFT OF RENTED FIREARMS Theft can never be completely prevented. However, the following procedures should help to reduce the possibility of a rental firearm being stolen: 1) No firearm will be rented to an individual that comes in alone that does not already own a gun (this may be waived by discretion of RSO or Range Master) and has that firearm with them before/at rental and 2) the driver's license of the renter will be held until firearm is returned. Chapter 16. RANGE SAFETY OFFICER STAFFING At least one RSO will be on duty at all times during shooting range operating hours. In order to adequately staff the facility with RSOs, most, if not all, employees will be trained as RSO's within 90 days of employment. The Range Manager will also double as an RSO in case there is an unexpected shortage of staff. Chapter 17. PLAN TO REDUCE EXPOSURE TO HAZARDOUS WASTE, PROVIDE CLEAN AIR AND DECREASE NOISE The Range will follow as applicable the Lead Management & OSHA Compliance For Indoor Shooting Ranges by National Shooting Sports Foundation (provided in Appendix). The Range will also look toward the City of Carlsbad's Safety Training Center's Range Standard Operating Procedures (RSOP) for guidance as applicable to a commercial shooting range (RSOP provided in Appendix). A series of filters in the air circulation units will include hepafilters and additional filters. This will be part of the buildout phase and specifications will be provided at that time and will follow best practices and/ or recommendations of the Carlsbad Safety Center or other experts. In order to decrease noise exposure to those in the Range, all employees and customers will be required to use adequate ear protection when entering Range. Disclosure and education regarding lead hazards will be provided to employees and customers. OSHA "Danger Lead Work Area" will be posted in Range. Copy of signage provided in Appendix. WorkPartners Occupational Health Specialists or a similar clinic will be used to monitor employee lead levels. Chapter 18. EVACUATION PLAN In the event of an emergency requiring a complete evacuation of the facility, the following procedures will be followed: 1. A warning siren will be sounded. Two air horns will be placed behind closed glass and accessible to all employees and customers in the gun store as well as in the shooting range. Exact placement and operation/actuation to be determined at buildout phase. 2. When the air horn is sounded: a) All shooting will STOP. b) All firearms will be unloaded. c) All employees and customers will immediately head for the nearest exit and wait for further instructions in the parking lot if it is safe to do so. 3. Emergency exit route signage will be posted. Chapter 19. HAZARDOUS WASTE DIVERSION AND LEAD DISPOSAL PLAN The Range will comply with the Encina Wastewater Authority's Pretreatment Ordinance. Copy ofthis document is included in the Appendix. Wet mopping in the Range will produce water that requires filtering before dumping down a drain. The filter system/lead would be serviced by TMC Shooting Range Specialists or a similar company. The Range will utilize TMC Shooting Range Specialists or a similar company to remove and recycle lead from the bullet trap and hepafilters. TMC's Lead and Indoor Shooting Ranges recommendations are included in the Appendix. The Range will work closely with the Carlsbad Safety Center to share information, constantly strive to improve this operating manual and keep employee and customer safety a top priority. TMC has provided the document "Shooting Range Requirements and Recommendations" which is included in the Appendix. It goes into more detail in regards to what a service provider would do in regards to lead. A California EPA ID for hazardous waste disposal will be applied for as required by the state. A Unified Program Facility Permit (UPFP) through the San Diego County Department of Environmental Health will be applied for. Chapter 20. YOUTH SHOOTERS Individuals under eighteen (18) years of age will be allowed to utilize the facility as long as they are at least eight years old and they are accompanied by a parent or legal guardian or are under adult supervision and a signed waiver of liability by the parent or guardian is provided. 2 The NSSF has developed a Five Star rating system for shooting ranges. The rating system is based on our vision of a well-managed, customer-oriented facility that is a strong competitor in the recreation marketplace. You may not agree with our vision. Of course, the important thing is that your range meets your vision. Don't let us tell you any different! However, if you are looking for new customers and members, this rating system can help you identify improvements that will bring them in. This is a self-evaluation and gives you a chance to show your stuff in six categories: appearance, management, member I customer focus, member I customer development, community relations and amenities. No one is looking over your shoulder to check up on your answers. There's no gold medal for the highest score or penalty for the lowest. Be honest and keep in mind this isn't a test; it's a tool. Some of the rating categories can be evaluated from the comfort of... well ... wherever you're comfortable. Other categories are better evaluated while touring the facility. Of course, for the best results select several customers/members at random (some of your best feedback may come from a new or casual shooter) and ask them to do an evaluation also. Then compare the results. Do you think you have what it takes to be a Five Star facility? Can you move to a higher level with just a few minor changes? Let's get started and find out! There are six categories in the NSSF Five Star Rating System: Appearance, Management, Customer I Member Focus, Customer /Member Development, Community Relations and Amenities. Each category is divided into several sections. Each section is a grouping of related scoring criteria. Read the scoring criteria and decide if your facility meets it. If it does, write the point value (identified in bold type to the right of the criteria) on the line to the 1ight of the page. If your facility doesn't meet the criteria, then write "0." Add up the earned points in each section and write the sum in the shaded box. Add up the section scores (shaded boxes) to get your score for the category. Write your category score in the box in the bottom right-hand corner of each page and also on page 8. Add your category scores to determine your total score, then compare your scores with Table 1 on page 8 to determine your star rating. When you are ready to submit your self-evaluation, please make sure to include a synopsis that provides a more comprehensive overview of the facility and the services offered. Also include photos to better illustrate how your shooting facility meets the requirements to become a Four or Five Star Facility. Should you have any questions about these requirements please contact Zach Snow at zsnow@nssf.org, telephone 203-426-1320 ext 224. Note that in the Community Relations category, it's possible to have more points than the "maximum." Use the LOWER of either your score or the "maximum points" score. The rating system has been designed this way to allow you the most flexibility in how you can earn points. APPEARANCE c:::: If you have a sign that can be easily read while driving (far enough in advance to safely turn!) and has been maintained to give a professional image ... If your telephone number is clearly posted near the entrance so potential new customers/members can contact you ... If you have signage that clearly states basic range and/or firearm safety rules posted where everyone will see it,and it's readable and maintained ... If you have a quality "WELCOME" sign ... If all of your building exteriors look like they're professionally maintained ... And if your windows are clean and uncluttered ... ~ If grounds cleanup is part of your daily operating procedures ... 10 points 5 points 10 points 5 points 5 points 5 points 5 points 5 points LLI 1· .... : ... .:-.......................................................................................................................................................................................................... , t< OR ... If you don't do it daily, but do a scheduled cleanup at least LLI once a week ... ~ :::i (.) ~ Are walkways, curbs and firing lines made of concrete, asphalt or another material appropriate for the specific purpose? And are they regularly maintained for both safety and appearance reasons? If yes ... If your facility is landscaped and the landscaping is well maintained ... If the interiors of your public-access buildings are c:::: impeccably maintained ... c ffi If your clubhouse furniture is the kind of stuff you'd be comfortable !Z with in your own home ... ~ If the interior gets a thorough cleaning (vacuuming, dusting, etc.) :::i on a regularly scheduled weekly basis ... (3 ~ If you have posters and/or artwork on the walls, and they're framed ... If your driveway and parking lot are paved or topped with "crush and run" ... 2 points 5 points 5 points 5 points 5 points 10 points 5 points 15 points , .................................................................................................................................................................................................................... , OR ... If they're not paved, but they are smooth and regularly maintained (no ruts, washboards or potholes) ... 10 points 3 4 MANAGEMENT > ~ 0 If you use your computer to receive NSSF Bullet Points and My NRA News ... 5 points s ~--------------------------------------------------------------4-------~ z If you have a fax machine to send and receive documents... 5 points :::c " Ll.l t- LI.I u i:i: ..... 0 If you have an answering machine with a regularly updated message that gives your hours of operation and some upcoming events ... If you require staff to attend at least one formal skills-development training seminar every year (such as those offered by the local commu- nity college) ... If a formal training seminar is mandatory for all new employees ... ~ If there are mandatory monthly staff meetings that always include a z discussion of customer/member service ... :;: e: If the staff is provided with a written operations/procedures manual u.. for immediate reference ... ..... ~ en If the entire staff is trained to, and evaluated on, promptly greeting/welcoming visitors ... If your staff is trained in how to be professional on the telephone and always answers by the third ring ... If your facility has a full-time paid manager ... 10 points 5 points 5 points 5 points 7 points 10 points 10 points 10 points 1···-.................................................................................................................................................................................................................. , OR ... If you have a part-time paid manager ... If your manager has a college degree or professional certification in club management, business management or a related discipline ... If your staff is required to be in a uniform that you provide and clean ... 5 points 8 points 15 points 1 ...................................................................................................................................................................................................................... , OR ... If your staff is required to be in a clean uniform ... 10 points 1 .................................................................................................................................................................................................................... . OR ... If the staff is not required to wear uniforms, but has to follow a written dress code ... If all employees, including the owner and/or manager, have names embroidered on their uniforms or wear nametags ... 5 points 5 points CUSTOMER/MEMBER FOCUS (/) Give yourself 1/4 point for every hour of scheduled and supervised public range time per week, up to a maximum 20 points. g; If you have your regular hours of operation clearly and prominently o posted at the range's entrance ... :c Keeping in mind that sunlight counts- If your parking lot is brightly illuminated during hours of operation ... If your building interior is also brightly illuminated during hours of operation ... And if your firing line and target area is brightly illuminated during hours of operation ... If your range has modern indoor restroom facilities ... OR ... If your facility has indoor restrooms that need help, the fixtures are old, the wallpaper or paint is cracked and peeling and the sinks have water stains ... Maximum 20 points 10 po.ints 5 points 5 points 5 points 10 points 5 points (/) , ...................................................................................................................................................................................................................... , Ll.l i= ::i (.) ~ ::E 0 0 Cl:: ..... (/) Ll.l Cl:: OR ... If your facility has only an outhouse or porta-johns, or no restrooms at all, put down what people think of that option ... If you have separate men's and women's restrooms ... If those restrooms are cleaned and restocked with the necessities (We're not talking about issues of Shooting Times or Outdoor Life) at least twice a week, and immediately before and after any special event ... If your facility has showers available ... 0 points 10 points 10 points 5 points 5 6 CUSTOMER/MEMBER DEVELOPMENT If you rent guns for on-range use .... 15 points ~ ~ z ~------------------------------------------------------------+-------~ 1.1.1 If you provide free or low-cost rental of quality eye and ear protection ... c:: 1-z 1.1.1 :::!: If rented safety glasses and/or hearing protection are cleaned after every Cl.. ~;;,;;;,;;;,; :::::» Cl 1.1.1 If your facility has trained, personable instructors available during virtually all hours of operation ... 15 points 5 points 15 points , ................................................................................................................................................................................................................... 1 (.!:1 z en i= c:: 1.1.1 > c c::c OR ... If trained, personable instructors are available, but only by appointment. .. If you have a written marketing plan ... If you have a comprehensive brochure that fully describes your facility and what's available on-site ... If your range is listed in the Yellow Pages ... If your facility has a posted Web site ... If your range is listed in Black's Wing & Clay annual directory, on NSSF's Where to Shoot Web site, or NRA's National Registry of Places to Shoot. .. And if you've made it a matter of policy to always include your phone number and hours of operation in every ad or listing ... 10 points 10 points 5 points 5 points 5 points 5 points 5 points COMMUNITY RELATIONS 0.. -::c Cl) z LLJ N i= u LLJ =c a::: 0 0.. a::: 0 (.) (All of the following are limited to the last 12 months. Also, aggressive community involvement can score more than 65 points, but you only get the maximum of 65 points. We did it that way so we could give you the most latitude in how you get involved with your community.) Give yourself 5 points for every special event where the public was invited to the range (via personal invitation or advertisement in the community's primary newspaper, on radio and/or TV) ... If you or your manager(s) are an active member of a local civic group (Rotary, Kiwanis, Lions, etc.) ... Take 5 points for each service or civic group (Rotary, Kiwanis, Jaycees, etc.) that has used the range for either a formal or informal function. For each youth event (includes Boy Scout, 4H, etc.) held at your range, tack on an additional 5 points. For every $1000 dollars raised for charity that gets "front page"-type reporting by the local media, add 1 point. (eg. $2,000 = 2 points, $11,000 = 11 points, etc.) Give yourself 5 points for every pro-shooting speech or presentation given to a local group. If you have a written Environmental Stewardship Plan (formulated by an environmental consultant or as outlined by the NSSF's "Environ- mental Aspects of Construction and Management of Outdoor Shooting Ranges" reference material) detailing your approach to lead management at outdoor ranges (if any) AND your indoor ranges (if any) comply with OSHA and NIOSH ... If your range has a written Safety Plan in place and your staff is trained and prepared to use it. If you stay on top of things by reviewing and updating all of your plans on an annual basis ... Maximum 30 points 5 points Maximum 30 points Maximum 25 points Maximum 30 points Maximum 30 points 15 points 15 points 5 points 7 8 AMENITIES {The following refers only to stock inventory, not something that must be ordered.) If your inventory includes everything a target shooter could want, in- cluding firearms, ammunition, targets, optics, accessories, cleaning c.. 30 points o and reloading supplies, clothing, books/magazines/videos etc ... . ::z:: ............................................................................................................................................................................................................. .. en 0 a:: c.. 1.1.1 (.) > OR ... If your inventory product mix is really good, but not quite all-inclusive ... OR ... All you have is some ammo and targets? It's better than nothing ... OR ... Let's say there is a full-service sit-down restaurant less than a 10-minute drive from the range. The customer still has the basic convenience and it might not be smart business to open your own ... OR ... If you have a hot meals lunch counter available for your clientele ... 15 points 20 points 10 points 15 points ..................................................................................................................................................................................................... 1 OR ... If your lunch counter is more like a deli with cold cut sandwiches and the like ... 10 points a:: 1······································ .. ······································································································································································ Ll.l en Q 0 0 u.. en Ll.l i= z Ll.l :E cc OR ... If prepackaged food is the only thing on the menu ... 5 points ···································································································································································································! OR ... If special events/tournaments are the only time you have food available ... If you have a beverage vending machine and it's kept stocked ... If you have an on-the-spot gun cleaning service ... If your range has a playground where youngsters can have fun in a supervised setting ... If you have a picnic area where customers/members can get together outside when the weather cooperates ... If your range has an indoor lounge where customers/members can relax and/or escape the weather ... 3 points 5 points 2 points 4 points 5 points 5 points 5 points ffi If your indoor range is fully climate controlled 5 points ::z:: ~--------------------------------------------------------------~--------b If you have lodging, a campground, and/or RV hook-ups available... 4 points 1···················································································"·····························································································································1 OR ... Similar to the restaurants, if the convenience of lodging, a camp- ground, and/or RV hook-ups are less than a 15-minute drive from the range ... 2 points HOW YOUR FACILITY RATES: We had ___ people evaluate our facility. THE AVERAGE SCORES WERE AS FOLLOWS: Appearance Management Member/Customer Focus Table 1 ___ points ___ points ___ points TOTAL SCORE 5 STAR FACILITY: a Total of at least 522 points which must include ... at least 80 points for APPEARANCE at least 80 points for MANAGEMENT at least 80 points for CUSTOMER/MEMBER FOCUS at least 80 points for CUSTOMER/MEMBER DEVELOPMENT at least 80 points for COMMUNITY RELATIONS at least 57 points for AMENITIES Customer/Member Development Community Relations Amenities ___ points ___ points ___ points ___ points 4 STAR FACILITY: a Total of at least 406 points which must include ... at least 60 points for APPEARANCE at least 60 points for MANAGEMENT at least 60 points for CUSTOMER/MEMBER FOCUS at least 60 points for CUSTOMER/MEMBER DEVELOPMENT at least 60 points for COMMUNITY RELATIONS at least 48 points for AMENITIES Once the self-evaluation, synopsis and photos that showcase your facility have been completed, submit the information to Zach Snow via e-mail zsnow@nssf.org or mail to: NSSF, 11 Mile Hill Rd, Newtown CT 06470-2359 Name: (as you want it to appear on the certificate): --------------------------------- Mailing Address: -------------------------------------------------------- City, State, Zip: ------------------------------------------------------- Telephone number: ------------------------------------------------------- E-mail: --------------------------------------------------------------- 9 2 ~ Nationa//nsti/1,[/e for wlOSfi~ alliance An OSHA Cooperative Program The National Shooting Sports Foundation, gratefully acknowledges the hard work of many people in putting this guide together. This guide would not exist without the efforts and teamwork of the following individuals: Rick Patterson, Project Leader, Sporting Arms and Ammunition Manufacturers' Institute Cathleen Cronin, US Department of Labor-Occupational Safety and Health Administration Lee Anne Jillings, US Department of Labor-Occupational Safety and Health Administration Sandi Khan, US Department of Labor-Occupational Safety and Health Administration Bradley King, Centers for Disease Control and Prevention-National Institute for Occupational Safety and Health Nilgun Tolek, US Department of Labor-Occupational Safety and Health Administration Ira Wainless, US Department of Labor-Occupational Safety and Health Administration U.S. Department of Labor-Office of Occupational Medicine The following people provided valuable reviews and comments that helped to improve this document and make it more "user friendly:" Robin Ball, Sharp Shooting Indoor Range Brian Danielson, Meggitt Defense Systems/Caswell Miles Hall, H&H Gun Range Holden Kriss, Indian River County Shooting Range Don Turner, Clark County Shooting Park Mike Yacino, Gun Owners Action League ~ ~r ABLE OF CONTENTS m" ~-~ ~ ,.; , Introduction ................................................ 1 Human Risks II II Ill IJ II II I Ill • II II II D II II • I •• II I II II I ..... I II • Ill II • a • 1!1 II II II I (I II II II. II II 4 Sources of Lead at Your Range .................................... 6 OSHA General Industry Lead Standard .............................. 7 Exposure Monitoring . Ill li II il • a • II • II I • II Iii • II I II I Iii • Ill II b •• II II II I II D 5 II II II II •• IJ II II 8 Air Monitoring For Lead ......................................... 9 Non-lead Ammunition ......................................... 10 Mechanical Ventilation ........................................ 11 Range Housekeeping .......................................... 13 Hygiene Practices. II •• ll .... I • II II •••••• II ••• II ........... II ••• I • Ill • II • Ill • 14 Administrative Controls ........................................ 14 Protective Work Clothing ....................................... 15 Respirators Ill II ... 1!1 ...... II I •• li ••••••••• II • Ill ........ II ... II .. " • I!! ~~~ •• " II .. • 16 Employee Information and Training ............................... 20 Lead Medical Program ........................................ 21 Recordkeeping .............................................. 24 DISCLAIMER This manual is intended to provide useful general information to shooting range managers and developers. The National Shooting Sports Foundation neither certifies nor approves specific business plans. This manual is not a substitute for consultation with accountants, legal counsel and other appropriate professionals who can make specific recommendations for individual ranges. Lead Management and OSHA Compliance for Indoor Shooting Ranges ©2011 NSSF All rights reserved. This book or portions thereof may not be reproduced in any form or by any means, electronic or mechanical, including photocopying, recording, or by any information storage and retrieval system, without permission in writing from the National Shooting Sports Foundation. All inquiries should be addressed to the National Shooting Sports Foundation, 11 Mile Hill Road, Newtown, CT 06470-2359. 3 " . NTRODUCTION . -' "' {; "' "" ~ "~ "'"'~ ~ z ~ "' " 4 Shooting ranges serve many diverse and important functions in today's society. The local range provides a safe venue of participation for the over 20,000,000 Americans who go target shooting every year. Ranges have also played a key role in the historic reduction in the number of firearms related accidents. By providing a place to learn and practice firearms safety first-hand, shooting ranges have joined with industry, the National Rifle Association, International Hunter Education Association and others to effect a reduction in the number of accidental fatalities to the lowest level in history. Ranges also serve as training centers for law enforcement and military personnel. The valuable training received at the range gives our peacekeepers the skills needed to fulfill their role of helping to protect the public safety. Managing a safe and successful target shooting facility requires many diverse management functions. This document is designed to assist with the management of airborne lead. Airborne lead is generally considered to be an indoor shooting range issue. However, changes in outdoor shooting range designs may introduce the possibility of airborne lead exposure. Encroaching development may result in a need for more extensive structures designed to contain projectiles and sound. These structures may limit airflow and result in an airborne lead exposure risk at outdoor ranges. Lead's properties make it the preferred material for ammunition. However, lead can be ingested or inhaled and enter the body. When lead enters the bloodstream it can be harmful, affecting many body systems. Workplace lead hazards could impact employees' families as well. Lead taken home on work clothes and shoes can expose children and other household members. Employers may be legally responsible if household members are adversely affected by this "take-home" lead. You can work with lead· safely without endangering your health, the health of your employees or their families. This manual is designed to provide information that will help you minimize or eliminate lead exposures and operate a shooting range in a safe and responsible manner. In the long run properly managing lead exposure can also save you money. With an effective Lead Management Program in place you will lower your potential liability and-more important-have the satisfaction of knowing that you, your employees, and their families are not being unnecessarily exposed to lead. BacRgrountl · '"'"' Lead is a naturally occurring element that can be found in many forms. In its metallic form, lead has very low reactivity. However, lead can also be found in the form of various lead compounds. Some of these lead compounds can be readily absorbed into the bloodstream. Most of the lead used in ammunition is in the metallic form. A small amount of a lead compound-either "lead styphnate" or "lead azide"-is used in the primer. So, if most of the lead in ammunition is in the relatively inert metallic form and only a small amount of lead is in the form of a lead compound, why should lead be a concern to range operators? When shooting a firearm airborne lead can be created which can pose a potential health risk if not properly managed. The microscopic size of airborne lead particles makes any ingested lead susceptible to being transformed into lead compounds by the digestive system. When heated, metallic lead can be transformed into airborne lead compounds that can pass through the linings of the lungs and enter the bloodstream. Furthermore, employees may be exposed to lead on a daily basis. Short-term low-level exposures do not usually present a significant health risk. However, consistent daily exposure has the potential if not properly managed to result in a lead poisoning problem. Lead can enter the body by being inhaled or by being swallowed. Lead can be inhaled when lead dust, mist, or fumes are in the air. Particles oflead can be swallowed iflead gets on a worker's hands or face. Lead can also be swallowed if food, beverages, cigarettes, or tobacco products become contaminated with lead and then consumed. If contaminated cigarettes are smoked, lead can be both inhaled and swallowed. When lead enters the bloodstream, it circulates throughout the body. Some of the lead that is absorbed is eliminated by the kidneys and is excreted from the body in urine. The lead that is not eliminated right away is stored in the organs and bones. Stored lead is released back into the bloodstream over time. The amount of lead in the blood can be measured. This test is called a blood lead level (BLL). A second test, the zinc protoporphyrin (ZPP), measures the long-term storage oflead in the body. We will discuss these tests in more detail in the section on Medical Surveillance. Lead that has been absorbed can affect many important body systems. In high enough concentrations, lead has been shown to damage the brain, nerves, red blood cells, kidneys and reproductive systems of men and women. Depending on the intensity and frequency of exposure, symptoms can manifest suddenly in the case of acute lead poisoning or gradually in the case of chronic lead poisoning. Both acute and chronic lead poisoning may be difficult to distinguish from other diseases. Since damage from lead can become permanent, early detection and treatment of lead toxicity is important to prevent lead poisoning and disease. 5 The primary recommendation for individuals with lead poisoning is to prevent further exposure and allow the body to remove the lead on its own. Occasionally adults with very high Blood Lead Levels (BLLs) and serious symptoms require drug treatment called "chelation therapy." Only a licensed physician with experience treating adult lead poisoning should make decisions regarding chelation for an individual worker. OURCES OF LEAD AT YOUR RANGE % /. '> ~~lJi; ;.: A$' ~ ~'X;O<;; "")f :j«v ~''~ « ~ ~"'2::(<@ ,_,~ ;.: 6 The most significant potential source of airborne lead at the firing line is caused by the hot flames of burning gunpowder acting on the exposed lead base of a projectile. The metallic lead in the projectile can also become airborne lead particles through heat from friction between the bore of the firearm and an unjacketed lead projectile. Using jacketed projectiles that enclose and protect the lead core at the base and the bearing surfaces, or using non-lead projectiles, will eliminate airborne lead from these potential sources. The primer-the part that ignites when struck by the firing pin, which in turn ignites the gunpowder-contains lead styphnate or lead azide. The lead compound becomes airborne when a shot is fired. Primers that do not contain lead compounds are under development. At this time non-lead primers are available for limited use in handgun ammunition. Downrange, lead may become airborne from splatter caused by projectiles hitting backstops, floors, walls or baffles. The amount of lead from this source can vary widely depending on the equipment, design and materials used in the construction of the facility. Maintenance and/ or repair of the backstop or other range equipment may cause settled lead dust to become airborne. Improper cleaning of a range may also cause lead dust to become airborne. Dry sweeping is a particularly hazardous practice that will significantly increase airborne lead levels. Ranges that allow lead dust to accumulate have increased lead exposure risks, since the accumulated dust can become airborne fi-om muzzle blast and/ or shooter movement. Keep in mind that lead may be present in other areas of your facility in addition to the range. Many common products such as solders, metal alloys and lubricants may contain lead. Review the Material Safety Data Sheet (MSDS) for each product used in your facility. Your supplier is required to provide you with an MSDS. Also, certain metalworking processes such as melting, soldering, brazing, welding, machining, grinding or cutting can create a very high risk of airborne lead exposure. The Occupational Safety and Health Administration (OSHA), a division of the U.S. Department of Labor, is charged with protecting employee health and safety in the workplace. OSHA has a comprehensive lead regulation, see 29 CFR 1910.1025. These regulations define your legal responsibilities to limit employee exposure to airborne lead, provide protective equipment and hygiene facilities, maintain a clean workplace, and provide employees with safety training and medical care. Failure to comply with the requirements of the Lead Standard could result in fines to your business. OSHA does not endorse any specific equipment or process for complying with these regulations. Their only function is to regulate the impact on the employee. While by law OSHA regulations only apply to employees, every indoor range, including club ranges, can use them as an important reference. Twenty-four states and two territories currently administer their own occupational safety and health program under a provision of the Williams-Steiger Occupational Safety and Health Act of 1970. To determine what lead regulations are enforced in the state where you operate a firing range, contact the appropriate authority in your state. A complete listing of these "State Plan States" is available on-line at www.osha.gov. The following is a summary of the key elements of the OSHA General Industry Lead Standard. It is not a complete discussion of all the requirements. It is presented as an aid to understanding the Standard and is not to be considered legal advice. For a more detailed explanation you should consult with a knowledgeable attorney. The General Industry Lead Standard applies to all occupational exposures to lead with the exception of the construction industry and the agricultural industry (these are regulated separately). The General Industry Lead Standard applies to all employees at your shooting range. The OSHA General Industry Lead Standard establishes specific airborne lead exposure levels for employees working in areas where airborne lead is present. Lead exposure is determined through air sampling that measures the number of micrograms of lead present in a cubic meter of air. The results of air samples taken at your range will determine specific actions you will need to take to be in compliance with the OSHA Lead Standard. The Lead Standard establishes two threshold levels of airborne lead exposure that trigger certain requirements that are important to range operators. The first of these is the Action Level and the second is the Permissible Exposure Limit. Action Level. The OSHA Action Level (AL) is 30 micrograms oflead per cubic meter of air (30 pg/M3) as an eight-hour time-weighted average (The eight-hour time-weighted average divides the total results of an employee's airborne lead monitoring by a full workday, which is defined as an 8-hour shift. The person you hire to conduct airborne lead monitoring will perform the appropriate calculations). Airborne lead exposures at or above the AL trigger additional management and monitoring requirements such as periodic exposure monitoring, biological monitoring, medical surveillance as well as specific requirements for employee training. Each of these requirements will be addressed in more detail. Permissible Exposure Limit. The Permissible Exposure Limit (PEL) for lead is 50 micrograms of lead per cubic meter of air (50 pg/M3) as an eight-hour time-weighted average. Employers must control airborne lead exposure so that no employee is exposed to lead at concentrations over the PEL. 7 8 Initial Determination. If any lead is used in the workplace, the employer must measure the amount oflead in the air for a representative number of employees who are reasonably believed to have the highest exposure levels. The employer must conduct personal air monitoring for each job classification and (at a minimum) the shift with the highest exposure level. The monitoring must be performed while employees perform tasks that are representative of their normal tasks and responsibilities. The purpose of this initial determination is to find out whether airborne lead levels are at or above the Action Level. The employer must collect full-shift, personal samples in the employee's breathing zone. Depending on the results of the initial determination, employers may have additional responsibilities. If the initial determination is less than the AL, no further assessment is needed. You do, however, need to make a written record of how you arrived at the determination. If there is a determination that exposure levels are at or above the AL, personal air monitoring must be repeated at least every six months for a representative number of employees. If personal air monitoring shows that airborne lead levels are above the AL for more than 30 days per year, the employer must provide a pre-placement medical exam and biological monitoring every six months for each employee that will be exposed to lead. If the initial determination is at or above the PEL, the employer must reduce employee exposure below the PEL. In addition, personal air monitoring must be done quarterly. If personal air monitoring shows that airborne lead levels are above the PEL for more than 30 days per year, the employer must implement all feasible engineering, work practice, and administrative controls to reduce air lead levels to below the PEL. When all feasible controls are in place and are still insufficient to reduce air lead levels below the PEL, respirators must be used to reduce employee exposure so that no employee is exposed above the PEL on any day. The employer must develop and implement a plan to reduce air lead levels to or below the PEL. This plan must be in writing and must be reviewed and updated at least every six months. At a minimum, the plan must include: • Description of each operation in which lead is emitted. • Description of the specific means that will be used to achieve compliance. • Report of the technology considered in meeting the PEL. • Air monitoring data that documents the source oflead emissions. • Detailed schedule for implementation of the program. • Work practice program. • Administrative control Uob rotation) schedule, if applicable. Additional Monitoring.If there is a change of equipment, process, control, personnel or a new task has been initiated which could increase the concentration of lead in the air, you must re-test to make a new determination. Employee Notification. The employer must notifY each employee in writing of the results of personal air monitoring that represents the employee's exposure within 5 working days of receiving the results. If air lead levels are above the PEL, the employer must also include a written notice telling employees that the air lead levels exceeded the PEL and describing the corrective action the employer has taken or will take to reduce exposure to or below the PEL. IRMONITORING FOR LEAD ~ N *"'is* ~N,~N """ "::.. ~-X , "~ " X "'"'"'-" X"'~ " "'' « You can't manage what you don't measure. Air monitoring measures the amount oflead dust and fumes in the air your employees breathe. Air monitoring is an important tool that can tell you: • Whether your operation and work methods are creating too much airborne lead. The results of air monitoring will help you determine whether you need to initiate or improve engineering, work practices or administrative controls designed to reduce airborne lead exposure. After you make changes, air monitoring will help you determine whether these changes have been effective at reducing airborne lead levels. • Whether you are in compliance with the OSHA legal exposure limits for lead. To perform air monitoring, a worker wears a small battery-powered air pump on the waist that is connected by tubing to a filter cassette attached at the collar. The pump pulls air from the worker's "breathing zone" and the dust and fumes in this air are collected on the filter. The filter is sent to an analytical laboratory, which measures the amount of lead collected on the filter. A calculation is then done to estimate the average amount of airborne lead each worker was exposed to during the shift. • Identity which work processes generate lead dust or fume and which employees are potentially exposed to lead. At your range this would mean instructors, range officers and especially personnel who do range cleaning, reclaiming or maintenance. • Identity a qualified individual to do air monitoring. Some workers' compensation insurance carriers will do free air monitoring. The OSHA Consultation Service will also do a free one-time air monitoring. An industrial hygiene consultant can be hired to develop and help implement an effective program. • Conduct an initial determination of airborne lead exposures. If the results exceed the AL or PEL, you will need to repeat monitoring periodically as outlined in the previous chapter. Measuring the amount oflead in the air employees' breathe provides important information on employee lead exposure, but it doesn't give you the complete picture. Air monitoring is usually done on one day. The levels of lead in the air your employees breathe may vary from one day to the next, depending on the activities at your facility. To ensure proper range evaluation, samples should include periods of maximum range use. Also, in order to get a complete picture of your employees' lead exposure, you may need to measure the amount oflead in employees' blood. The chapter entitled "Lead Medical Program" on page 21, will discuss when blood tests are appropriate or required. 9 , ~~'" ON-LEAD AMMUNITION -AN EMERGING TECHNOLOGY , ,, , A • ~ "~ ' >-» ~ i).h X ~:x~" g » ;xx ~ ~ ,;; ~ ~ """;, " • l'.'>'; x ~ :::: <:::: <'o:<' :,:, W"" ~oc, ;, ;;:: 10 The most basic way to reduce employee exposure to lead is to not use lead in the first place. Non-lead ammunition is an emerging technology. Ammunition companies, the military, metallurgists and others have been committing significant amounts of time and money to try to develop effective non-lead primers and projectiles. Most ammunition manufacturers now have some form of lead-free products available in their product line. There are advantages and disadvantages to requiring non-lead ammunition at your range, given the state of current technology. ADVANTAGES Significantly reduces and potentially eliminates employee exposures to lead. May reduce the need and associated costs of other lead management procedures. Partial use of non-lead ammunition can lower airborne lead levels and keep levels below the OSHA regulatory thresholds. Using non-lead ammunition may reduce the start-up costs of a new facility. DISADVANTAGES You may need to develop and strictly enforce operating procedures that en- sure ALL range users will only shoot the lead-free ammunition. If non-lead ammunition is used along with ammunition that contains lead, mixing the different types of metals may increase the cost of recycling spent ammunition. Non-lead ammunition is currently more expensive than traditional ammunition. Today's non-lead primers have a short "shelf-life" and inconsistent ignition (resulting in poor accuracy or failure to ignite the gunpowder). There are potential, and possibly as yet unknown, health and environmental concerns from the non-lead alternatives. Further study and monitoring of the non-lead alternatives may reveal that they are as harmful as, or even more harmful than the lead they replace. ECHANICAL VENTILATION »"~ X ~ N!J' N ~u ~ ;;;;' ~ '>~ "-' ~ <!<('it[ 0< Ventilation is perhaps the single most effective management tool to reduce airborne lead exposure. Most indoor ranges use some form of mechanical ventilation to reduce employee and shooter exposures to airborne lead. There are two different types of ventilation systems: the closed-loop system and the direct exhaust system. Each system has its advantages and its disadvantages. Some of the best sources for detailed evaluations and information include indoor shooting range equipment suppliers, found on www.rangeinfo.org and other range operators. Regardless of the system used, there are some general guidelines to follow. The goal is to have airflow of at least 50 feet per minute (fpm) past the shooter. Many companies recommend installing a system that moves more air (for example 75 fpm) to accommodate potential future loss of performance and diminished airflow (note that airflows higher than 75 fpm can be counterproductive and increase the potential for airborne lead exposure). You also want to spread the flow evenly across the width of the shooting range by using multiple supply ducts. This is important to prevent "eddies" and uneven airflows that could create pockets of stagnant air in breathing zones. One system even goes so far as to use a perforated material (it looks like pegboard made out of plexi- glass) for the entire wall behind the firing line to ensure good air distribution. You also want to create negative pressure by pulling more air from the downrange return ducts (or exhaust vent) than enters the range from the supply ducts behind the shooter. The exhaust air capacity should exceed the air supply capacity by at least 10%. This ensures air moves downrange, away from the firing line. Be sure to check your community's local building and zoning codes to see if they address Heating, Ventilation and Air Conditioning (HVAC) systems and installation. A closed loop system recirculates the air in the range. If you recirculate the air, you must use a HEPA (which stands for High Efficiency Particulate Air) filter. The HEPA filter removes lead particles from the air. A series of inexpensive pre-filters should be used upstream of the HEPA filter so the more expensive HEPA filter will last longer. As filters become clogged, they must be replaced or airflow may diminish to the point that the system will cease to protect employees and users. OSHA also requires that you have a backup filter, you monitor the concentration oflead in the return air1 and you have controls that automatically bypass the recirculation system if the filter system fails. In general, the closed loop system is more expensive to install than the Direct Exhaust System, but easier to maintain in the long run. Closed loop systems are best used where there is a significant need to reduce the energy costs associated with heating and/ or cooling or you can't isolate the area around the exhaust vent in a direct exhaust system to prevent human or wildlife exposures. Used filters must be disposed of properly, since they may be classified as a hazardous waste. The federal law that covers disposal of waste is the Resource Conservation and Recovery Act (RCRA). Lead captured by the filter may be recycled. Recycling activities are exempt from RCRA regulations. If you do not recycle the lead in the filters, the filters should be tested using the Toxicity Characteristic Leaching Procedure (TCLP). If the TCLP results are less than 5 parts per million (ppm), the filters can be disposed of as normal solid waste (trash). If the TCLP results are above 5 ppm, the 1An OSHA letter of Standards Interpretation dated September 17, 1982 identifies the costly nature of monitors for the lead concentration in air and therefore states "[the standard) is only enforced when there is a potential hazard (e.g., where the employee exposures could ex- ceed the PEL for the lead standard, 50 (g/M3 ). Citations would not generally be issued for [the standard] when there is only a technical violation of the standard (e.g., employee exposures to lead are very low)." 11 12 filter must be disposed of as hazardous waste through a licensed hazardous waste company. You should keep all test results and shipping manifests in a file so you can demonstrate that the waste has been disposed of properly. The direct exhaust system brings fresh air into the range from outside and then vents the range air outside. The air being exhausted from the range may be filtered or unfiltered (however, you should check local regulations). If the air isn't being filtered, the exhaust vent should be located away from areas of human activity. The exhaust vent should also be located away from the fresh air intake for the range or other buildings (otherwise air being exhausted from the range may be sucked into the intake and redistributed back into the range or to other rooms/buildings). Over time, lead will likely accumulate in the area directly under an unfiltered exhaust vent. You should limit access to this area so you don't create a possible exposure pathway. It would also be wise to manage the area around the exhaust vent as spelled out in NSSF's Facilities Development Series #709: Environmental Aspects of Construction and Management of Outdoor Shooting Ranges to make sure the lead doesn't pose an environmental risk. A direct exhaust system, whether filtered or unfiltered, has the advantage of being less expensive to install than a closed loop system, but will increase heating and/or cooling costs in climates with high or low temperatures. Regardless of the ventilation system used to reduce employee exposure, measurements that demonstrate the system's effectiveness must be made under the following circumstances: • When the system is first installed. • Every three months while the system is being operated. • Within five days of any change in firing range activities or engineering/work practice/ administrative controls that might result in a change in employee exposure to lead. Measurements may include capture velocity, duct velocity, air velocity at the firing line (measured at the floor, ceiling and walls) or static pressure. Many newer closed loop ventilation systems have an automatic alarm that constantly monitors the ventilation system and sounds an alarm if there is a problem. Use of an alarm does not change the need for demonstrating system effectiveness as outlined above. It is advisable to keep written documentation of all tests on file as proof of successful implementation of an effective lead management plan. The ventilation system isn't the only range equipment that may impact airborne lead levels at an indoor range. The bullet trap system used at the range can have an effect on airborne lead levels. Some systems will result in more airborne lead than others. Any bullet trap system that results in deformation or fragmentation of the projectile will increase the airborne lead levels. The www.nssf.org/ranges web site contains several articles that evaluate different bullet trap technologies. There is also a discussion of bullet traps in the US Environmental Protection Agency's document Best Management Practices for Lead at Outdoor Shooting Ranges www.epa.gov /region2/waste/leadshot). ANGE HOUSEKEEPING X ';'; ii~ 0 »$"' ~ ;9. ';'; " >)' »"-"" 08(.(" ~ ~ Good housekeeping is one of the most important management practices you can implement to reduce exposure to lead. You need to keep all surfaces as free as practicable of accumulated lead dust and do it in a manner that will not increase the risk oflead exposure. A clean range has the added benefit of being more attractive to members and customers. How you clean the range area is very important. Inadequate and/ or inappropriate range cleaning procedures can actually create a greater risk oflead exposure. Perhaps the worst thing you can do is clean the range by dry sweeping. Similarly, compressed air can't be used to clear floors or other surfaces of accumulated lead. Both procedures will stir up lead dust and increase airborne lead levels and exposures. There are two methods that should be considered for the routine cleaning of your range. One is wet mopping and the other is using a HEPA vacuum system. Both systems prevent settled lead from becoming stirred up and exposing employees to elevated airborne lead levels. Be aware that if you use a wet mop procedure for range cleaning, the water may need to be managed as a hazardous waste. If you plan to use a HEPA vacuum system, make sure it is designed to be explosion proof so unburned or spilled gunpowder isn't accidentally ignited. The HEPA filter may also need to be managed as a hazardous waste. \Vhen working on the range the ventilation should be turned on (unless performing work on the ventilation system or performing other activities where running the ventilation system could create a hazard to the worker). Good housekeeping involves a regular schedule to remove accumulations oflead dust and debris. The schedule should be adapted to range conditions based on range use and exposure potential. Employees should be trained in the safe performance of housekeeping and maintenance activities. The performance of range maintenance, cleaning or reclaiming activities are tasks that are likely to have the highest airborne lead exposure levels. For this reason, the use of protective clothing during these activities may be a consideration. Your HEPA vacuum will require periodic filter changes. There is an increased risk of airborne lead exposure if this is done in a haphazard manner. Follow the manufacturer's instructions and take care to prevent reintroducing trapped lead particles back into the air. Avoid any movements that will shake lead dust loose from the filter. Immediately place the used filter into an appropriate sealed container. Put a fresh HEPA filter in the vacuum per manufacturers instructions and then properly dispose of the used filter (see page 10). Filters in your ventilation system will also need to be replaced periodically. As with changing the vacuum filter, follow all instructions provided by the manufacturer. It's a good idea to use your HEPA vacuum to clean around the access door. Carefully pull the filter out and place it in an appropriate sealed container. Vacuum around the filter housing, put a fresh filter in place and then close the access door. Properly dispose of the used filter (see page 11). Cleaning the ductwork in your ventilation system presents significant risks of airborne lead exposure if done incorrectly. Proper procedures for ductwork cleaning and maintenance are beyond the scope of this document. Information is available from the National Air Duct Cleaners Association (1518 K street, NW, Suite 503, Washington, DC 20005) or you can hire a professional firm to perform the work. 13 14 Some basic hygiene practices are good ideas for all range users and workers. Preventing the presence and consumption or use of food, beverages, tobacco products and cosmetics on the range and recommending people wash their hands prior to eating, drinking, smoking or applying cosmetics are two examples of simple practices that are easy to implement. In addition, all workers involved in housekeeping and maintenance activities should be careful not to leave the workplace wearing any contaminated clothing or equipment worn during the work shift. Good practices notwithstanding, OSHA requires employers to take certain steps and provide certain facilities if air monitoring reveals that airborne lead levels exceed the PEL. In all areas where employees are exposed to lead at levels above the PEL, the employer must: Another management tool at your disposal is the use of administrative controls to limit employee lead exposures. Administrative controls include employee scheduling and task assignments that serve to limit lead exposure for any one employee. In short, shooting range-related tasks can be rotated among all employees so no one employee is in the range area for a prolonged period of time. For instance, instead of an employee working 8 hours on the range per workday, two employees would divide the range tasks so each is on the range for only 4 hours a day. This may keep you below the regulatory thresholds (ALand/ or PEL) administered by OSHA. This works because the airborne lead levels are determined using an 8-hour time- weighted average. So if an employee is only on the range for 4 hours, the monitoring would only measure 4 hours' worth of exposure. The calculation to determine the airborne lead level, however, would divide those results by a full (8-hour) workday. Using administrative controls to limit employee airborne lead exposure does require additional supervision/management. Employee schedules must ensure that no employee spends more time on the range than established by the monitoring. An employer using administrative controls to limit employee time-weighted average airborne lead exposures must establish and implement a job rotation schedule that includes the following: • Name or ID number of each affected employee • Duration and exposure levels where the affected employees are located • Any other information that may be useful in assessing the reliability of administrative controls to reduce lead exposure. Some ranges have found they can reduce workers' compensation insurance costs by assigning the fewest number of employees to tasks that include potential lead exposure. Workers' compensation insurance premiums are significantly higher for employees that have a lead exposure risk. If an employee has even a small task that includes potential lead exposure, a higher workers' compensation insurance premium rate may apply. So, if you divide range-related work tasks among a greater number of employees you will pay the higher premium for all of those employees. If you reduce the number of employees with range-related tasks and assign the rest to tasks that do not have a lead exposure risk (such as cashier, administrative assistant, floor sales clerk, etc), you may only have to pay the higher premium for the small number of employees working on the range and a much lower premium for the rest of your staff. Limiting the number of employees with potential lead exposure can also result in lower costs for medical surveillance and other functions related to lead management. There are advantages-and disadvantages-to both approaches. ROTECTIVE WORK CLOTHING ; ':'< « <-" ;:i, v ""-= » N ':< ~ '1.0::9/a ~ ~1%-ffi X" ;-;~ Whenever personal air monitming shows that air lead levels are above the PEL or an employee experiences skin or eye irritation, OSHA regulations require the employer to: • Provide, at no cost to the employee, appropriate protective work clothing and equipment such as coveralls or other full body clothing, gloves, hats, shoes, eye protection, etc. • Provide the protective clothing in a clean and dry condition at least weekly. Clothing must be provided daily to workers who work in areas where airborne lead exposure levels exceed an eight-hour time- weighted average of 200 (pg/M3). • Provide for cleaning, laundering, or disposal of protective clothing and equipment. • Repair or replace protective clothing and equipment as necessary. • Prohibit the removal of lead from protective clothing or equipment by blowing, shaking, or any other means, which disperses lead into the air. • Ensure that employees use appropriate protective clothing and equipment, remove contaminated work clothing at the end of the shift in change rooms provided for that purpose, and place it in a closed container. OSHA requires the container to be labeled as follows: CAUTION: CLOTHING CONTAMINATED WITH LEAD. DO NOT REMOVE DUST BY BLOWING OR SHAKING. DISPOSE OF LEAD-CONTAMINATED WASH WATER IN ACCORDANCE WITH APPLICABLE LOCAL, STATE, OR FEDERAL REGULATIONS. • Inform, in writing, any person who cleans or launders protective clothing or equipment of the potential harmful effects oflead. The performance of range maintenance, cleaning or reclaiming activities are tasks that are likely to have the highest exposure levels. For this reason, the use of protective clothing during these activities may be a consideration. 15 16 When changes in engineering controls and/or work practices/administrative controls can't effectively reduce lead exposure to a level at or below the PEL, OSHA requires the use of respirators to further lower your employees' lead exposure (see 29 CFR Part 1910.134). This management option has not typically been used for normal shooting range activities. However, the use of respirators when performing range maintenance, cleaning or reclaiming activities is an especially important consideration since these activities are likely to have the highest exposure levels. Using respirators properly isn't as simple as buying a respirator and putting it on, but with some planning and commitment it can be an effective tool. This chapter guides you through the steps in setting up an effective respirator program. If respirators are required to protect employee health, OSHA requires employers to have a written respiratory protection program. This chapter addresses the elements of an effective respirator program. The purpose of a respirator is to prevent the inhalation of harmful airborne substances and/ or provide protection in an oxygen deficient atmosphere. Functionally, a respirator is designed as an enclosure that covers the nose and mouth or the entire face or head. Respirators provide protection in one of two ways: either by removing contaminants from the air before they are inhaled (air-purifying respirators) or by supplying a source of clean air that is independent of the surrounding atmosphere (supplied-air respirators). The kind of respirator you use depends on the amount oflead in the air. The more lead in the air, the more protection the respirator must provide. For most-if not all-shooting range applications an air-purifying respirator will be adequate. Selecting the right respirator for the job is the first step in a good respirator program. Air-Purifying Respirators. An air-purifying respirator filters out harmful substances from the ambient air the employee breathes. There are different kinds of filters available. The choice of filter depends on what toxic substance you are trying to protect against. Air-purifying respirators can also have different types of face pieces, half-mask and full-face. Air-purifying respirators are inexpensive and easy to maintain. A powered air-purifying respirator (PAPR) is another type of air-purifying respirator that uses a small battery- powered fan to force air through air-purifying elements and into the mask. PAPRs cost more and need more maintenance but they do provide greater protection than standard air-purifying respirators. Supplied-air Respirators. Supplied-air respirators supply clean air to the respirator through an airline from a source independent of the work area; they do not filter the air from the work area. These can be expensive systems that provide protection against very high levels oflead. They are also called airline respirators. "NieHi~al Evaluation "J~,,, ' ' Not everyone can wear a respirator. Respirators can put too much stress on the heart and lungs for some people. If an employee is assigned to wear a respirator, you must provide the employee with a medical evaluation to determine if he/ she can safely wear a respirator. Employees must be medically evaluated and found eligible to wear the respirator selected for their use prior to fit testing or first-time use of the respirator in the workplace. Medical eligibility is to be determined by a physician or other health care professional licensed to do so in the state in which they practice. In assessing the employee's medical eligibility to use a respirator, the health care professional must perform a medical evaluation using the medical questionnaire-in Appendix C to section 1910.134-and completed by the employee. An alternative is to provide a medical examination that obtains the same information as the questionnaire. If there is a medical examination, it must be administered confidentially and at a time and place that is convenient to the employee. Employers are not required by the standard to provide a medical examination unless the employee gives a positive response to specific questions on the questionnaire. The physician or health care professional will tell you how frequently the employee needs to be reevaluated. You must also provide a reevaluation whenever an employee reports or exhibits difficulties breathing from wearing a respirator. 17 18 Respirators come in different sizes and shapes. If the respirator does not fit well it will not provide good protection. There are two kinds of fit tests, qualitative and quantitative. Both tell you whether the respirator leaks around the face seal. The qualitative fit test is simple and inexpensive to do. This test can only be used for half-mask air purifYing respirators or full-face respirators used where air lead levels are not in excess of 500 (pg/M3). In the qualitative fit test, either a testing chemical with a strong smell or taste or an irritant smoke is released around the respirator face seal. If the wearer can smell or taste the chemical or detect the irritant smoke the respirator has failed the fit test. Before conducting a qualitative test, you must first test the employee's ability to taste, smell or react to the chemical or smoke being used. The quantitative fit test uses electronic equipment to numerically measure the amount ofleakage into the respirator. The advantage of this test is that it tells how well the respirator fits without relying on an individual employees' response to a test agent. For exposures in excess of 500 pg/M3, a quantitative fit test must be conducted for full-face respirators. If you don't take care of respirators, they won't take care of your employees. Setting up a respirator maintenance program is simple and very important. You must ensure that respirators are properly cleaned, disinfected, stored and·regularly inspected for defects and repaired or replaced when necessary. Follow the manufacturer's recommendations for maintenance and care that come with the respirator and follow the basic instructions below. You must train your employees on how respirators work, how to wear them, and how to take care of them. If employees are not trained well, your respirator program will not be effective. Training must take place before an employee uses a respirator in the workplace. Make sure the training includes instructions on conducting a respirator "user seal check." It is important to do a "user seal check" every time you put on a respirator. Getting into the habit is the best thing a wearer can do to ensure good protection. User seal checks are simple, quick to do, and absolutely essential to ensure good protection. Contact a safety equipment supplier for training materials. Some suppliers will also provide training for customers. Use the manufacturer's recommended procedures or follow the directions in Appendix B-1 to 29 CFR 1910.134 (User Seal Check Procedures). Negative Seal Check 1. Close off the inlet opening of the canister or caruidge (s) by covering with the palm of the hand. 2. Inhale gently so the facepiece collapses slightly. Hold your breath for 10 seconds. 3. If the facepiece doesn't remain in its slightly collapsed condition and an inward leakage of air is detected, adjust the straps, check the valves, and try again. 4. If air does not leak and the mask stays collapsed against your face, it has passed the negative face seal check. Positive Seal Check 1. Cover the exhalation valve with the palm of your hand without breaking the respirator face piece to face seal. 2. Inflate the mask slightly by exhaling gently. Hold your breath. 3. If there is evidence of outward leakage of air at the seal, adjust the straps, check the valves, and try again. 4. If the face seal holds the air and the mask stays inflated, it has passed the positive face seal check. ,~ ~~ Regair, Elisgosal. anti Reglaeemenl ". Respirators must be in good working condition to function. It is imperative that they not be used if they are damaged in any way. Damage can include things like a broken strap, loss of respirator shape or a face seal that can no longer be maintained. Respirators that are not properly functioning must be replaced, repaired or discarded. The respirator manufacturer can supply a replacement for parts that have been damaged. 19 20 You need to inform all employees with potential exposure to airborne lead at any level of the contents of Appendices A and B of the OSHA General Lead Standard (29CFR 1926.62 and 29CFR 1910.1025). OSHA further requires employers to provide a training program when personal air monitoring shows airborne lead levels are at or above the AL, or where employees may be subjected to eye or skin irritation from exposure to lead. This training program must be given at least annually and include the following information: • Contents of the OSHA Lead Standard and its appendices. The employer must also make a copy of the General Industry Lead Standard and its appendices available to any employee exposed to lead. Posting this information on an employee bulletin board is one way to easily satisfY the requirement. • Types of operations or job functions that may result in employee lead exposure above the AL. • Engineering controls and work practices that have been put in place to reduce exposure. This can include Policies and Procedures for operating range equipment, cleaning the range and personal hygiene. • Purpose, selection, fitting, use, cleaning and limitations of respirators (if the use of respirators is part ofyour lead management program). • Purpose and description of medical surveillance and medical removal protection program, including information concerning the adverse health effects associated with excessive exposure to lead. • Contents of any lead-related compliance plan in place at the facility. • Prohibition on the use of chelating agents to prevent BLLs from rising, except under the direction of a licensed physiCian. An effective training program must be presented in an understandable way. You should develop training programs based upon the employees' education level and language background. This approach will ensure that all employees receive training that allows them to maximize the effectiveness of your lead exposure reduction program. You must establish a way for employees to report work-related injuries and illnesses promptly. You must also teach each employee how to report work-related injuries or illnesses. There are several ways to fulfill this requirement. Instructing employees to report all work-related injuries and illnesses to the manager in charge is a starting point. Some range owners carry a pager 24 hours a day, 7 days a week and give every employee the pager number as well as posting the number near every phone. If you have a Policies and Procedures Manual you should have a section that details the process employees must follow in case of a work-related injury or illness. You cannot discriminate against an employee for reporting a work-related fatality, injury or illness. OSHA also protects the employee who files a safety and health complaint, asks for access to records or otherwise exercises any rights afforded by the OSHA Act. " EAD MEDICAL PROGRAM ~ ~ ~":'<',:X ~ ~''<~'»>@ ' ~ < ""*'SS), X X ~):', X "X A Lead Medical Program is an employer-sponsored program to monitor the health of employees. It is a critical part of a comprehensive approach to the prevention oflead-related diseases. It is also one of the best ways to ensure that employees are not being overexposed to lead and facilitates the detection of medical effects associated with lead exposure. A Lead Medical Program acts as a "barometer" of the company's lead safety program. The program also complements your company's lead safety training. Employees may hear about lead safety from their supervisor, but it makes a difference hearing it from a doctor. Having a doctor involved may help change behavior and demonstrates to the worker that the company is serious about lead safety. You are required to establish a Lead Medical Program if an employee's airborne lead exposure is at or above the AL for more than 30 days per year. The program must be performed by or under the supervision of a licensed physician. The physician should be familiar with signs and symptoms oflead toxicity. It must also be provided at a reasonable time and place and at no cost to the employee. The purpose of a good Lead Medical Program is to protect employees from exposure to lead by: • IdentifYing employees with elevated blood lead levels. • Detecting lead-related ill health in an employee. • Guiding your efforts to control lead exposure. • Providing education to employees on avoiding lead exposure. A Lead Medical Program includes: • Biological monitoring. • Medical exams and consultations (and treatment if needed) Biological monitoring under the OSHA lead standard consists of blood sampling and analysis for lead and zinc protoporphyrin (ZPP) levels. Both tests are done with the same blood sample. The test for lead in the blood (also referred to as the Blood Lead Level or BLL) and the ZPP together provide the physician and employer with more complete exposure information. The most accurate test method is to draw the blood sample from a vein in the arm. A blood sample taken using the "finger-prick" method (where a tiny lancet pierces the finger) is likely to result in exaggerated lead levels because of lead that may be present on the surface of the finger. Blood lead level (BLL) testing. A BLL test measures the amount oflead in the blood. It is a good measure of recent exposure, but will not tell you how much lead is stored in the bones or if any health damage has occurred. BLL test results are reported as micrograms oflead per deciliter of blood (llg/dl). Zinc Protoporphyrin (ZPP) testing. A ZPP test measures a substance in red blood cells that increases when lead interferes with the production of hemoglobin. (Hemoglobin is a protein found in red blood cells that carries oxygen to other body tissues.) An increase in ZPP shows that lead is affecting the body and is a better indicator oflonger-term exposure (exposures in the last 2-3 months). The Physician will use the BLL and ZPP test results to identity which employees may need additional medical care and/ or removal from further lead exposure. You should also review the results to determine the degree of employee exposure and whether additional control measures are needed. 21 22 The employer must make biological monitoring available on the following schedule: • At least every 6 months for each employee with a lead exposure above the AL more than 30 days per year. • At least every 2 months for an employee whose last blood sampling and analysis indicated a BLL at or above 40 pg/dl (until two consecutive tests are below 40 pg/dl). • At least monthly for an employee during a period of temporary medical removal due to an elevated BLL. All medical examinations and procedures must be performed by or under the supervision of a licensed physician and at no cost to employees. Exams must be given at a reasonable time and place. Medical examinations must consist of the following elements: • A work and medical history. • A physical examination. • Blood pressure measurement. • Determinations of BLL (for lead). • Hematocrit, hemoglobin, peripheral smear morphology and red cell indices. • Levels of ZPP. • Routine urinalysis (specific gravity, sugar, protein determinations, microscopic examination), blood urea nitrogen (BUN) and serum creatinine (S-Creat). The employer is obligated to provide medical examinations and consultation to an employee prior to the employee being assigned for the first time to an area in which airborne lead levels are at or above the AL for more than 30 days per year. The employer is required to provide annual medical examinations if the employee's BLL has been at or above 40 pg/ dl at any time during the last 12 months. In addition, when an employee's airborne lead exposure is at or above the AL for more than 30 days per year, medical examinations and consultations are required upon notification by an employee that the employee: • • • • Has developed symptoms commonly associated with lead-related disease . Desires advice concerning the effects of past or current lead exposure on his or her ability to have a healthy child (or is pregnant). Has demonstrated difficulty in breathing during fit testing or use of a respirator, if required . Or as medically appropriate . ~i<'l'.hf ~ lempo~ar~ Metlical Remov:al .. · If BLL is 60 pg/ dl or Higher-You must remove an employee from work in an area that has a lead exposure at or above the Action Level on each occasion that both a periodic and a follow up blood test (the follow up test must be taken within 2 weeks of the periodic test) show the employee's BLL is at or above 60 pg/ dl. If BLL is at or above 50 11g/ dl-Temporary medical removal is also required when an employee is both exposed to lead at or above the Action Level and the employee's average BLL is at or above 50 pg/dl. The average BLL is based on either the last three blood tests or all blood tests conducted over the previous 6 months (whichever is longer). However, an employee does not have to be removed if the most recent blood test shows a BLL at or below 40 pg/ dl. Return to Former Job Status-An employee temporarily removed from work based on their BLL may return to previous job status and work activities when two consecutive blood tests show the employee's BLL is at or below 40 pg/dl. The employee cannot return to a job function that includes lead exposure until the BLL drops below 40 pg/dl on two tests in a row and the doctor says the employee can return. Your physician must provide you with the BLL and ZPP test results for your employees. You should review all the reports. If you have employees with elevated BLLs, you may have a problem. It is a good idea to catch increasing blood lead levels early and take appropriate protective action before any employees are lead- poisoned. One of the first things you should do is make sure your lead management program is being followed and work with your physician to reduce the employee's lead levels. Then try to identify how the employee became exposed and take actions that will reduce or eliminate that exposure pathway in the future. MRP is a means of protecting employees when other methods, such as engineering controls, work practices and respirators have failed to provide adequate protection. MRP involves the temporary removal of an employee from their regular job to a work area with airborne lead exposures below the AL. The purpose of this program is to reduce lead absorption and allow an individual's body to naturally excrete lead that has been absorbed. Temporary medical removal can result from an elevated BLL or a written medical opinion. MRP benefits must be provided as a result of either form of removal. In most cases employers will transfer removed employees to other jobs with airborne lead exposure below the AL. Alternatively, an employee's hours may be reduced so the time-weighted average exposure is reduced, or they may be temporarily laid off if no other alternative is feasible. It is important to note that in all cases where removal is required, respirators cannot be used as a substitute. In all of these situations, MRP benefits must be provided during the period of removal. MRP benefits means that an employer shall maintain the earnings, seniority and other employment rights and benefits of the employee as though they had not been removed from their normal job. When an employee is medically eligible to return to their previous job, the employer must return the employee to their former job status. This means the employee is entitled to the position, wages, benefits, etc. he or she had prior to removal. MRP seeks to maintain an employee's rights only, not to expand, diminish or change them. 23 24 A Lead Medical Program helps you determine whether your lead safety program is working and will save you money in the long run by identifying exposure problems early before an employee becomes poisoned. You should: 1. Select a physician to be in charge of your Lead Medical Program. Ask the physician if he/she has experience caring for lead exposed workers and is familiar with the OSHA Lead Standard. To find a physician you can ask other business owners for recommendations; visit the Web Site of the Association of Occupational and Environmental Clinics (www.aoec.org) or look in the Yellow Pages under "Physicians Occupational Medicine" or "Physicians-Industrial Medicine." 2. Identity which workers are exposed to lead. Employers are required· to document and retain certain information. Some of these requirements are covered in the OSHA lead standard and others are found in the OSHA recordkeeping standard (29 CFR Part 1904). This is a summary of those requirements. As with other information provided in this document, please refer to OSHA regulations or contact your OSHA representative for more complete information. . ~ 1.111~ is recordKeeging important~ OSHA has specific regulations and requirements for documenting your efforts to protect human health. Recordkeeping is an important part of your safety and health efforts for several reasons: • Records help you keep track of work-related injuries and illnesses and can help you prevent them in the future. • Using injury and illness data helps identity problem areas. The more you know, the better you can identity and correct hazardous workplace conditions. • Recordkeeping helps you better administer company safety and health programs • Recordkeeping can be used to increase employee awareness about injuries, illnesses and hazards in the workplace, resulting in workers who are more likely to follow safe work practices. • Documentation of your efforts is one of the best ways to demonstrate your commitment and actions to protect human health. All employers must maintain exposure monitoring, medical surveillance and medical removal records. It is strongly recommended that all employers keep records of employee training and equipment testing and maintenance as well. Employers with 11 or more employees in the prior year must complete and maintain OSHA form 301 (individual incident reports), OSHA form 300 (Log of Work-Related Injuries and Illnesses) and OSHA form 300A (Summary ofWork-Related Injuries and Illnesses) for the next year. Operations with 10 or less employees are exempt from these recordkeeping requirements. Recordkeeping requirements are based on the number of employees the previous year. If you had 11 or more employees one year and 10 or less the next, you would need to keep records. Conversely, if you had 10 or fewer employees the first year and 11 or more the second, you would not need to keep records during the second year (you would, of course, need to keep records the third year, regardless of the number of people employed during the third year). OSHA has specifically exempted certain low-risk businesses from having to keep OSHA Forms 300, 300A and 301. These exempted businesses have been identified by Standard Industry Code (SIC). Sporting goods retailers (SIC industry group 594) are identified as exempt. Gun shops (SIC 5941) are therefore exempt. Shooting ranges (SIC 7997 for member-only clubs and 7999 for public facilities) are not exempt. Neither are hunting preserves (SIC 0971). Many facilities have multiple activities (such as a gun shop AND a shooting range). Your SIC would be determined by the activity that generates the most revenue. From time-to-time OSHA and the Bureau of Labor Statistics (BLS) conducts surveys of all businesses. If you are selected, OSHA or BLS will notify you in advance that you will need to complete and maintain OSHA forms 300, 300A and 301 for the coming year. Even if you are otherwise exempt from these recordkeeping practices, if you are selected and notified you must fulfill these recordkeeping requirements for the time period requested. A work-related employee fatality must be reported to OSHA. This includes fatal heart attacks that occur on the job. Also, any work-related event that results in the in-patient hospitalization of three or more employees must be reported to OSHA. The report must be made by telephone or in person at the nearest OSHA Area Office within 8 hours after the death or hospitalization. Faxes and messages left on an answering machine are not acceptable. You must verbally communicate with an OSHA representative. In case the occurrence happens when the OSHA Area Office is closed, call (800) 321-6742 or TTY (877) 889-5627. All employers are required to maintain detailed records on exposure monitoring, medical surveillance, and medical removals. You should also keep records relating to testing and maintenance of equipment such as ventilation systems. Starting in january 2002, OSHA implemented new requirements designed to make recordkeeping and reporting of work related illness and injury easier. Employers who are not partially exempt must complete OSHA form 301 for each work-related injury or illness. The injury or illness must then be entered on OSHA form 300 (Log of Work-Related Injuries and Illnesses). Finally, the employer must complete OSHA form 300A (Summary of Work-Related Injuries and Illnesses) and post it with other employee notices. Employers not otherwise exempt from the new rule must record work-related injuries or illnesses if the injury or illness results in one of the following: death, days away from work, restricted work or transfer to another job, medical treatment beyond first aid (activities that are considered "first aid" are defined in OSHA Standard-29 CFR 1904.7 (b) (5) (ii), loss of consciousness or diagnosis of a significant illness/injury by a physician. 25 26 Recor:H retention , , , Employers must establish and maintain accurate exposure monitoring and medical surveillance records. With respect to employee medical records, employers are permitted to have physicians or other health care personnel carry out employers' record retention obligations. Employers should refer to 29 CFR l910.1025(n) to identity the specific exposure and medical information they are required to keep for their employees. Employers are required to preserve all employee exposure monitoring and medical records for at least 40 years or for the duration of employment plus 20 years, whichever is longer. Additional retention requirements apply to records of employees who are removed from work due to their elevated exposure to lead. Employers must maintain medical removal records for at least the duration of an employee's employment. Whenever an employer ceases to do business, the employer must transfer all employee records to the successor employer who will then be obligated to retain the employee records for any remaining retention period. If there is no successor to the business, the employer must contact affected current employees at least 3 months prior to the cessation of the business and notifY them that they can access their records. Alternatively, if there is no successor to the business, the employer must transfer all employee records to the Director, National Institute for Occupational Safety and Health (NIOSH). At the expiration of the retention period for all the records required to be maintained, employers must notifY the Director at least 3 months prior to the disposal of the records and shall forward these records to the Director if requested. You must keep OSHA form 301 (individual incident reports), OSHA form 300 (Log of Work-Related Injuries and Illnesses) and OSHA form 300A (Summary of Work-Related Injuries and Illnesses) for a period of 5 years following the end of the calendar year that these records cover. Some of the information contained in the records that employers maintain may contain sensitive, personal information of employees which may be protected under both state and federal privacy laws2• Therefore, it's important that employers know which records of their employees can be accessed and who can access them. Access to employee exposure monitoring, removal and medical records is governed by 29 CFR 1910.1020. Employers must make all exposure, medical and medical removal records available upon the request of an employee, designee, as well as to the Assistant Secretary of Labor for Occupational Safety and Health or his/her designees for the purpose of carrying out OSHA's statutory functions. In certain circumstances, an employer may restrict an employee's direct access to all the information in the employee's medical records, such as when the records contain trade secrets of the employer or when the records contain information that could be detrimental to the employee's health. Any employee or other authorized individual seeking access to or copies of medical records must provide a written request to an employer. The employer, after verifYing the identity of the employee or designee, must either provide access to the records within fifteen (15) working days after receiving the written request or provide a reason why such access has been delayed along with the next earliest date the record can be accessed. Alternatively, employees or other authorized designees may obtain initial copies of any medical record free of charge from employers. Government access to employee medical records is governed by 29 CFR 1913.10, which imposes strict regulations on government personnel to ensure that the privacy of employees is safeguarded. Generally, government personnel must provide an employer with an approved written access order prior to accessing employee medical records. However, an access order is not necessary if an employee provides written consent or when OSHA physicians consult with physicians of an employer concerning an occupational safety or health issue. If a safety or health issue exists, OSHA physicians may conduct on-site evaluations of employee medical 2 Under the Health Insurance Portability and Accountability Act of 1996 (HIPAA), as amended, 45 CFR 160-164, certain employers, which create, receive or handle employee health information, must comply with new medical records privacy rules. Employers should con- sult with legal counsel to verify whether HIPAA requirements apply to them. If so, they may be advised to contact their health plan carriers to ensure that proper employee medical records access and authorization controls are implemented by April 14, 2003-the date that most of HIPAA's new privacy rules become effective. records in consultation with physicians of the employer. No employee medical records shall be removed from an employer's premises without a written access order or the written consent of an employee. Please note that the records access provisions under 29 CFR 1913.10 are not the same as those under 29 CFR 1904 which govern employers' obligations to submit records regarding employee work-related injuries and illnesses. Nor does 29 CFR 1913.10 govern the government's access to employee exposure records. The process through which OSHA can obtain employee exposure records is less complicated than the process through which it obtains employee medical records. However, OSHA must still provide employers with a written access orde1~ Employee representatives can have access to Forms 300 or 300A, but may not see personal information on an individual. If you have a union shop or other form of employee representative, please consult with OSHA for guidance on what you must do to protect individual privacy. An employer must provide requested records to an OSHA compliance officer within 4 hours of a request. Your state may have additional recording requirements. Contact your state labor board for assistance. 27 ....., CCI OSHA Forms for Recording Work-Related Injuries and Illnesses ':t-:-~;;,»:;'N"~.l>mf.;tl~7%"<;,<,~>':'li~,;~u-~-:-e:,·:;.'<:~'~'W.:,;::>;;~-,y~"Th.'E,o...-~--:·<"1'+m?J<(.,<::$,~~'l!I::>m'mB:,.J,:,~:::·:¥,;;-n;u-~~'-,:·;';a~\~······o:-;,~wx:·r~A~<8 Dear Employer: This booklet includes the forms needed for maintaining occupational injury and illness records for 2004. These new forms have changed in several important ways from the 2003 recordkeeping forms. In the December 17,2002 Federal Register (67 FR 77165-77170), OSHA announced its decision to add an occupational hearing loss column to OSHA's Form 300, Log of Work-Related Injuries and Illnesses. This forms package contains modified Forms 300 and 300A which incorporate the additional column M(5) Hearing Loss. Employers required to complete the injury and illness forms must begin to use these forms on january 1, 2004. In response to public suggestions, OSHA also has made several changes to the forms package to make the recordkeeping materials clearer and easier to use: • On Form 300, we've switched the positions of the day count columns. The days "away from work" column now comes before the days "on job transfer or restriction." • We've clarified the formulas for calculating incidence rates. • We've added new recording criteria for occupational hearing loss to the "Overview" section. • On Form 300, we've made the column heading "Classify the Case" more prominent to make it clear that employers should mark only one selection among the four columns offered. The Occupational Safety and Health Administration shares with you the goal of preventing injuries and illnesses in our nation's workplaces. Accurate injury and illness records will help us achieve that goal. Occupational Safety and Health Administration U.S. Department of Labor What's Inside .•• In this package, you'll find everything you need to complete OSHA's Log and the Summary of Work-Related Injuries and Illnesses for the next several years. On the following pages, you'll find: T An Overview: Recording Work-Related Injuries and Illnesses - General instructions for filling out the forms in this package and definitions of terms you should use when you classify your cases as injuries or illnesses. T How to Fill Out the Log-An example to guide you in filling out the Log properly. T Log of Work-Related Injuries and Illnesses -Several pages of the Log (but you may make as many copies of the Log as you need.) Notice that the Log is separate from the Summary. T Summary of Work-Related Injuries and Illnesses -Removable Surnrnary pages for easy posting at the end of the year. Note that you post the Summary only, not the Log. T Worksheet fo Help You Fill Out the Summary -A worksheet for figuring the average number of employees who worked for your establishment and the total number of hours worked. T OSHA's 301: Injury and Illness Incident Report-A copy of the OSHA 30 I to provide details about the incident. You may make as many copies as you need or use an equivalent form. Take a few minutes to review this package. If you have any questions, visit us online at www.osha. gov or call youv local OSHA office. We'll be happy to help you. ie?f@.:>;.._<;:);~':m ~ CD An Overview: Recording Work-Related Injuries and Illnesses The Occupational Safety and Health (OSH) Act of 1970 requires certain employers to prepare and maintain records of work-related injuries and illnesses. Use these definitions when you classify cases on the Log._ OSHA's recordkeeping regulation (see 29 CFR Part 1904) provides more information about the definitions below. The Log of Work-Related Injuries and Illnesse> (Form 300) is used to classify work-related injuries and illnesses and to note the extent and severity of each case. When an incident occurs, use the Log to record specific details about what happened and how it happened. The Summary -a separate form (Form 300A) -shows the totals for the year in each category. At the end ofthe year, post the SU1nmmy in a visible location so that your employees are aware of the irljuries and illnesses occurring in their workplace. Employers must keep a Log for each establishment or site. If you have more than one establishment, you rnust keep a separate Log and Summary for each physical location that is expected to be in operation for one year or longer. Note that your employees have the right to review your injury and illness records. For more information, see 29 Code of Federal Regulations Part 1904.35, Employee Involvement. Cases listed on the Log of Wm-k-Related Injuries and Illnesses are not necessarily eligible for workers' compensation or other insurance benefits. Listing a case on the Log does not mean that the employer or worker was at fault or that an OSHA standard was violated. When is an injury or illness considered work-related? An injury or illness is considered work-related if an event or exposure in the work environment caused or contributed to the condition or significantly aggravated a preexisting condition. Work-relatedness is presumed for injuries and illnesses resulting from events or exposures occurring in the workplace, unless an exception specifically applies. See 29 CFR Part 1904.5(b)(2) for the exceptions. The work environment includes the establishment and other locations where one or more employees are working or are present as a condition of their employment. See 29 CFR Part 1904.5(b)(l). Which work-related injuries and illnesses should you record? Record those work-related injuries and illnesses that result in: T death, 'Y loss of consciousness, T days away from work, T restricted work activity or job transfer, or Y tnedical treatment beyond first aid. You must also record work-related injuries and illnesses that are significant (as defined below) or meet any of the additional criteria listed below. You must record any significant work- related injury or illness that is diagnosed by a physician or other licensed health care professional. You must record any work-related case involving cancer, chronic irreversible disease, a fractured or cracked bone, or a punctured eardrum. See 29 CFR 1904.7. What are the additional criteria? You must record the following conditions when they are work-related: T any needlestick injury or cut from a sharp object that is contaminated with another person's blood or other potentially infectious material; ..-any case requiring an employee to be medically removed under the requirements of an OSHA health standard; 'Y tuberculosis infection as evidenced by a positive skin test or diagnosis by a physician or other licensed health care professional after exposure to a known case of active tuberculosis. T an employee's hearing test (audiogram) reveals I) that the employee has experienced a Standard Threshold Shift (STS) in hearing in one or both ears (averaged at 2000, 3000, and 4000 Hz) and 2) the employee's total hearing level is 25 decibels (dB) or more above audiometric zero (also averaged at 2000, 3000, and 4000 Hz) in the same ear(s) as the STS. What is medical treatment? Medical treatment includes managing and caring for a patient for the purpose of combating disease or disorder. The following are not considered medical treatments and are NOT recordable: "' visits to a doctor or health care professional solely fOr observation or counseling; What do you need to do? 1. Within 7 calendar days after you receive information about a case, decide if the case is recordable under the OSHA recordkeeping requirements. 2. Determine whether the incident is a new case or a recurrence of an existing oneo 3. Establish whether the case was work- related. 4. If the case is recordable, decide which form you will fill out as the injury and illness incident report. You may use OSHA's 301: Injury and Illness Incident Report or an equivalent fOrm. Some state workers compensa- tion, insurance, or other reports may be acceptable substitutes, as long as they provide the same information as the OSHA 301. How to work with the Log 1. Identify the employee involved unless it is a privacy concern case as described below. 2. Identify when and where the case occurred. 3. Describe the case, as specifically as you can. 4. Classify the seriousness of the case by recording the most serious outcome associated with the case, with column G (Death) being the most serious and column J (Other recordable cases) being the least serious. 5. Identify whether the case is an injury or illness. If the case is an injury, check the injury category. If the case is an illness, check the appropriate illness category. (A) = ~~;:,':%.o;:@*:,"%%?,M:m~"l:-V'-",->-, u:;'}'<1;)*"*~":>u~,f;.ty;;..>:1~~Jl;:l:;,.._',"'-.~.5~~~~.;'<,'t\''\.':0~<'~' ' ,,_,,..,~,K,Z%4:1iC~'<:;.'<W',''~v~w:~~~"%%->:c ,'~>-#-:.~,·:;..-:.,,.z,..>Wfu.."W".#fo~@f~""u~~t..':'-W~<i.~"-~t-'<~~:,,:-...\%~\\W.< ',iY,%'7%.&-W«'%"*-..'W'.&~~~-,~ 'Y diagnostic procedures, including administering prescription medications that are used solely for diagnostic purposes; and T any procedure that can be labeled first aid. (See below for mom information about first aid.) What is first aid? If the incident required only the following types of treatment, consider it first aid. Do NOT record the case if it involves only: T using non-prescription medications at non- prescription strength; T adxninistering tetanus immunizations; 'Y cleaning, flushing, or soaking wounds on the skin surface; T using wound coverings, such as bandages, Band.Aids·r!d, gauze pads, etc., or using SteriStrips Tit or butterfly bandages. T using hot or cold therapy; T using any totally non-rigid means of support, such as elastic bandages, wraps, non-rigid back belts, etc.; T using temporary immobilization devices while transporting an accident victim (splints, slings, neck collars, or back boards). T drilling a fingernail or toenail to relieve pressure, or draining fluids hom blisters; T using eye patches; T using simple irrigation or a cotton swab to remove foreign bodies not embedded in or adhered to the eye; "f' using irrigation, tweezers, cotton swab or other simple means to remove splinters or foreign material from areas other than the eye; T using finger guards; T using massages; T drinking fluids to relieve heat stress How do you decide if the case involved restricted work? Restricted work activity occurs when, as the result of a work-related irUury or illness, an employer or health care professional keeps, or recommends keeping, an employee from doing the routine functions of his or her job or fl-am working the full workday that the employee would have been scheduled to work before the injury or illness occurred. How do you count the number of days of restricted work activity or the number of days away from work? Count the number of calendar days the employee was on restricted work activity or was away from work as a result of the recordable injury or illness. Do not count the day on which the injury or illness occurred in this number. Begin counting days from the day after the incident occurs. If a single injury or illness involved both days away from work and days of restricted work activity, enter the total number of days for each. You may stop counting days of restricted work activity or days away from work once the total of either or the combination of both reaches 180 days. Under what circumstances should you NOT enter the employee's name on the OSHA Form 300? You must consider the following types of injuries or illnesses to be privacy concern cases: T an injury or illness to an intimate body part or to the reproductive system, T an injury or illness resulting from a sexual assault, ..-a mental illness, T a case of HIV infection, hepatitis, or tuberculosis, T a needlestick injury or cut from a sharp object that is contaminated with blood or other potentially infectious material (see 29 CFR Part I 904.8 for definition), and T other illnesses, if the employee independently and voluntarily requests that his or her name not be entered on the log. You must not enter the employee's name on the OSHA 300 Log for these cases. Instead, enter "privacy case" in the space normally used for the employee's name. You must keep a separate, confidential list of the case numbers and employee names for the establishment's privacy concern cases so that you can update the cases and provide information to the government if asked to do so. If you have a reasonable basis to believe that information describing the privacy concern case may be personally identifiable even though the employee's name has been omitted, you may use discretion in describing the injury or illness on both the OSHA 300 and 301 forms. You must enter enough information to identify the cause of the incident and the general severity of the injury or illness, but you do not need to include details of an intimate or private nature. What if the outcome changes after you record the case? If the outcome or extent of an injury or illness changes after you have recorded the case, simply draw a line through the original entry or, if you wish, delete or white~out the original entry. Then write the new entry where it belongs. Remembe1; you need to record the most serious outcome for each case. Classifying injuries An injury is any wound or damage to the body resulting from an event in the work environment. Examples: Cut, puncture, laceration, abrasion, fracture, bruise, contusion, chipped tooth, amputation, insect bite, electrocution, or a thermal, chemical, electrical, or radiation burn. Sprain and strain injuries to muscles, joints, and connective tissues are classified as injuries when they result from a slip, trip, fall or other similar accidents. c:..:l ';':f>-,-.::>;:.;~~~-~f'A-~,\~'1:--'-;:' A;,v:,~r&~:r>-'>"4~\<o"''''~A%~."~~;-:,'-.WM!~.®<"..OC;-.<'.M'l>'0~_.4W:"~'-v:,~,.,,~M8f.:,"~~.$$~~'>)"~w .. ~:; ~%<:''Y~'':~_o,;-,..~,,J.:%*'S~-'<':~;_w-;v,,,"&~'~"""'' £.JY%::.W<::;:;n::;::::::::::::::~:;!li(o~-,-,,,,,<£'>.Z~S;:.<;'-~~~<f-.Y.m?oO:d%~"'-;£;~~-~~'>":.';-~Y~,/~AJ'~~~~;;\-::<_~~:c;;.K;;:<C.i:.. Classifying illnesses Skin diseases or disorders Skin diseases or disorders are illnesses involving the worker's skin that are caused by work exposure to chemicals, plants, or other substances. Examples: Contact dermatitis, eczema, or rash caused by primary irritants and sensitizers or poisonous plants; oil acne; friction blisters, chrorne ulcers; inflammation of the skin. Respiratory conditions Respiratory conditions are illnesses associated with breathing hazardous biological agents, chemicals, dust, gases, vapors, or fumes at work. Examples: Silicosis, asbestosis, pneumonitis, pharyngitis, rhinitis or acute congestion; farmer's lung, beryllium disease, tuberculosis, occupational asthma, reactive airways dysfunction syndrome (RADS), chronic obstructive pulmonary disease (COPD), hypersensitivity pneumonitis, toxic inhalation injury, such as metal fume fever, chronic obstructive bronchitis, and other pneumoconioses. Poisoning Poisoning includes disorders evidenced by abnormal concentrations of toxic substances in blood, other tissues, other bodily fluids, or the breath that are caused by the ingestion or absorption of toxic substances into the body. Examples: Poisoning by lead, mercury, cadmium, arsenic, or other metals; poisoning by carbon monoxide, hydrogen sulfide, or other gases; poisoning by benzene, benzol, carbon tetrachloride, or other organic solvents; poisoning by insecticide sprays, such as parathion or lead arsenate; poisoning by other chemicals, such as formaldehyde. Hearing Loss Noise-induced hearing loss is defined for recordkeeping purposes as a change in hearing threshold relative to the baseline audiogram of an average of 10 dB or more in either ear at 2000, 3000 and 4000 hertz, and the employee's total hearing level is 25 decibels (dB) or more above audiometric zero (also averaged at 2000, 3000, and 4000 hertz) in the same ear(s), All other illnesses All other occupational illnesses. Examples: Heatstroke, sunstroke, heat exhaustion, heat stress and other effects of environmental heat; freezing, frostbite, and other eflf:cts of exposure to low temperatures; decompression sickness; effects of ionizing radiation (isotopes, x-rays, radium); effects of nonionizing radiation (welding flash, ultra-violet rays, lasers); anthrax; bloodborne pathogenic diseases, such as AIDS, HIV, hepatitis B or hepatitis C; brucellosis; malignant or benign tumors; histoplasmosis; coccidioidomycosis. When must you post the Summary'? You must post the Summary only-not the Log-by February l of the year following the year covered by the form and keep it posted until April 30 of that year. How long must you keep the Log and Summary on file? You must keep the Log and Summmy for 5 years following the year to which they pertain. Do you have to send these forms to OSHA at the end of the year? No. You do not have to send the completed forms to OSHA unless specifically asked to do so. How can we help you? If you have a question about how to fill out the Log, 0 visit us online at www.osha.gov or 0 call your local OSHA office. ~ ....:I IVi((,Jiftl Calculating Injury and Illness Incidence Rates 1'>*"~%<-~.:.:..-t:.<o.~.~.<:CA·,;-,:.o;:i>:-;:;;-:>oJc~@"Alw.'W.::'l:Jiill:.'% l'.li>.::@~:;;;B~::.;~,~<'Bo"C-;"ff.~~:.~'·Vp~~'.?.,.~~il'~~;.::: .• ::;~:>;e".W.«:lSit~~:,;";;;:-<-.;~~:; :''i'~.~~~"!::*:XA:?iW~W.i:!'>::S?U:;-;,<,:2c~Bi:J:--:t,~~~'<J&.'»~./.-''.::"S>~~''''''.~~_.;;<'.:@%SW.«:;-;:±.'t>'m What is an incidence rate? An incidence rate is the number of recordable injuries and illnesses occurring among a given number of full-time workers (usually 100 full- time workers) over a given period of time (usually one year). To evaluate your firm's injury and illness experience over time or to compare your firm's experience with that of your industry as a whole, you need to compute your incidence rate. Because a specific number of workers and a specific period of time are involved, these rates can help you identify problems in your workplace and/or progress you may have made in preventing work- related injuries and illnesses. How do you calculate an incidence rate? You can compute an occupational injury and illness incidence rate for all recordable cases or for cases that involved days away from work for your firm quickly and easily. The formula requires that you follow instructions in paragraph (a) below for the total recordable cases or those in paragraph (b) for cases that involved days away from work, and for both rates the instructions in paragraph (c). (a) To find out the tolxll number of reconkzble injuries and illnesses that occurred during the year, count the number of line entries on your OSHA Form 300, or refer to the OSHA Form 300A and sum the entries for columns (G), (H), (!),and Q). (b) To find out the number of injuries and illnesses that involved da.vs away fmrn wo·rk, count the number ofline entries on your OSHA Form 300 that received a check mark in column (H), or refer to the entry for column (H) on the OSHA Form 300A (c) The number of hours all employees actually worked during the year. Refer to OSHA Form 300A and optional worksheet to calculate this number. You can compute the incidence rate for all recordable cases of injuries and illnesses using the following formula: Total number of injuries and illnesses X 200,000 + Number of hours worked by all employees = Total recordable case mte (The 200,000 figure in the formula represents the number of hours 100 employees working 40 hours per week, 50 weeks per year would work, and provides the standard base for calculating incidence rates.) You can compute the incidence rate for recordable cases involving days away from work, days of restricted work activity or job transfer (DART) using the following formula: (Number of entries in column H + Number of entries in column I) X 200,000 + Number of hours worked by all employees = DART incidence rate You can use the same formula to calculate incidence rates for other variables such as cases involving restricted work activity (column (I) on Form 300A), cases involving skin disorders (column (M-2) on Form 300A), etc. Just substitute the appropriate total for these cases, from Form 300A, into the formula in place of the total number of injuries and illnesses. What can I compare my incidence rate to? The Bureau of Labor Statistics (BLS) conducts a survey of occupational injuries and illnesses each year and publishes incidence rate data by various classifications (e.g., by industry, by employer size, etc.). You can obtain these published data at www.bls.gov/iif or by calling a BLS Regional Oflice. Worksheet Total number of injuries and illnesses I I X 200,000 + Number of entries in Column H + Column I I l X 200,000 + Number of hours worked by all employees 1-l Number of hours worked by all employees c--J Total recordable case rate = [ I DART incidence rate = 1--] c:...:l c:...:l How to Fill Out the L.og ~--~"**"'·*'~'·g i '*""--"n. ... i .. ,i<'@-*""·'''''''''''''--""*''*'"'""'"*''"""'"'"·'·'·"'"'"' ::,;;,y'''"''"''''"'"'""_'_"'"""'-'@nV~-~.T.:Wm'w'mmwc"~''''~"W'*~'*'~''"'''"· ''""''"''''·'"""''·"'""-*'"''*"'-''''''*''· ,,,~:Ml'~>:c:.;o:~;.Y&:W.&.«<>.-"';.;v·-,,mw'A~'<>'»lt":~-~S,S~.W.«.":&W..0 ·-w~~~.::s:;:;,, The Log of Work-Related lnjwies and Illnesses is used to classify work-related injuries and illnesses and to note the extent and severity of each case. When an incident occurs, use the Log to record specific details about what happened and how it happened. If your company has more than one establishment or site, you must keep separate records for each physical location that is expected to remain in ope1·ation for one year or longer. We have given you several copies of the Log in this package. If you need more than we provided, you may photocopy and use as many as you need. The Sumrna1y -a separate form - shows the work-related injury and illness totals for the year in each category. At the end of the year, count the number of incidents in each category and transfer the totals from the Log to the Summary. Then post the Summa>y in a visible location so that your employees are aware of injuries and illnesses occurring in their workplace. You don't post the Log. You post only the Summary at the end of the year. Attention: This form contains information relat1ng to OSH, A's Form 300 4 employee health and must be used in a manner that ~ /""\ '' (Rev. 01/200 l protects the conlidentiahty _ofe_mployees to the extent Year 20 I. f 1.11 k Rei f d 1 • • d Ill possible wh,le the lnfocmat"n rs be<ng ""'for --~,~,!J!~y,! nOr • --~~-,~-,.,.W#~l~'!!!!~,,-~~~~w",~-, ... ~~-:!!8~=-o:Y=h-~.~~~~~~,:,~;:~!.~.n~--~,~:!!~~:,~~~,~-· ~-.=«=,~--~ ~=~~0:~~!=~ \Uw must record {nformation about every work--related death and about every work-related injury or 1//ness that mvolves loss of consciOusness, restnctedwotk acW1ly or fob tmnsklr, rcrm•J>P"'"""-OMB ""· 12111.0176 days away from work, or medical treatment beyond first aid. You must also record significant work-related injuries and J/lnesses that are diagnosed by a physic1an or licensed health care professional You must also record work-related injuries and illnesses that meet <~ny of the specific recording criteria listed in 29 CFR Part 1904.8 through 1904 12. Feel free to use lWo lines for a single case If you need to. You must complete an Injury and Illness Incident Report (OSHA Form 301) or eqwvalent form for each lntuf't or illness recorded on tfl1s form. If you're not sure whether a case is recordable, call your local OSHA offiCe for help. Identify the person (A) (B) c... Employee's name .. Describe the case (C) (D) (E) Jobtille Dateof;njury WheretbeeventocciU'red (e.g.IIWd<-r) oronset (f.g.Loadmgdod:•wrlh..,,l) (F) DescriheU._jqryur m-5,., parts of hody afkcllod, aad object/sub!<bonc~ that dinctly injured orlllad~p~n~~onill Classrfy the case CHECK ONLY ON!;' bolr fof eiOc:h ca.,,. based on the mo"'t .,_fous outc:om" fop thaf<:ase a.tm..,._, .... ...,. XYZC11mjHIII)' o~ Anywhere smra MA '::.!~:::~ ... ., ckcku.~~- ..,_"'::'mc7.4;<m ff':::---·r,p.•tJ~ Awav OnJob {Mt eft '') (e.g. Srro11d degou !n.m.< "'' ngltJ. jomm11 from aaifklte Wrch) D~::.._. .;t.t.w-M_ .•ott..J-..I"'<-D••HI-tr."'_,..."r~lloon,· ...... -~r:: :er:~::;..-:: ~ f l~ -~ :., l ,~I (K) (L) .j ~ .H J < ~- 12 d")~ JL~ys --~ ~ ~ ~ ~L;:1d 1 MarkBa,(!itr .]__ Shana Ahtmder .L_~ .L_~ .}__ ]amJd Daniels Welder 5 1 25 basemem fradme, lift ann and left leg,ftll from ladder ---~ FoutJdry man m<J(O:r;. .Eiedd£i=_ ..1l..LL monlhiday .LGbruJ:L_ "'a"~oF Machine opr. 101 23 !IX>11h/d<Y .. ---~ _____ /_ _____ /_ pottrittgdeck poisoninl! tivm leadlitmeJ _d>)> _lQ_d..,.. ~ prodrtdiotl floor 'ir~~;¥~~~~:!tor , · ;, I c • : 'E;~\-· vy n:~ur:u•.?B' ure R1Ul!i& ,, { , ~~·'· lfevi~~ ~~E; I~ if the ,~P~ :ol' ill~ .'' .'. S~riOUS oufC~& of Ute ca~ef ,, c .;; :, ,· ._, , .. ; progresSe~c.a~ the Outc.,. i~ more , <-::,, ':\~!fit cohHttn q:fD~_t_ltJ ~0 .. _ '~ \~<;r~:: -~rious than,'Y~ _o~ginally reco_rded for : ,·c Jh~ fl!f)5t se,riOu~,"i!!!_(f coi~~J" , 'V:·tiJe c:a~~r C~sS ou~_.erase~_ or Whit~ .. : J (Othe~:,-~f!?Ordable casesJ ( ~eori'ginal~nt,.Y.. · ,",-:d·, .. ~ behlgthe'l~~serious.. - o· q D 0 0 "" ~ OSHA's Form 300 (Rev. o112oo4) Year20 __ ~ Log of Work-Related Injuries and Illnesses Attention: This form contains information relating to employee health and must be used in a manner that protects the confidentiality of employees to the extent possible while the information is being used for occupational safety and health purposes. U.S. Deoartment ~~;;;;.::;,_;;,:;r::;;(~~""*"<::t:··>~;;:::_.,::·~.>">~-;~Y33\:r;:::;>W:$'2/f~&~":~~~...>.~;;::;:;::;o.'<-'lY~UY"~B"~~~r¥.~.W..i.~V7t-S>RW"A:<f~.&';~~~:±:'' You mvst record information about eve!)' work-related death and about eve!)' work-related inju.l)' or illness that involves loss of consciousn.ess, restricted work activity or job transfe' days away from work, or medical treatment beyond first aid. You must also record significant work-related injuries and Hlnesses that are diagnosed by a physician or licensed health care professional. You must a/so record work-related injuries and illnesses that meet any of the specific recording criteria listed in 29 CFR Part 1904.8 through 1904.. 12. Feel free to use two lines for a stngle case if you need to. You must complete an lnjul)' and Illness Incident Report (OSHA Form 301) or equivalent form for each injul)' or illness recorded on this form. If you're not sure whether a case is recordable, call your local OSHA office for help. Identify the person Describe the case Classify the case (A) Case no. (B) Employee's name (C) Job title (e.g., Weide>·) (D) Date of injury or onset (E) Where the event occurred (e.g., Loading dock norlh end) (F) Describe injury or illness, parts of body affected, and object/substance that directly injured CHECK ONLY ONE box for each case based on the most serious outcome tor that case: of illness __ I_ month/day __ I_ month/day __ I_ month/day __ I_ month/day __ I_ month/day __ I_ month/day I month/day I month/day I month/day I month/day __ I_ month/day __ I_ month/day __ I_ month/day >J~ or made person ill (e.g., Second deg-ree bun-u on right forearm from acetylene laTch) DGath t:'::~~ ,~:.:z.;z;::::~ from work or restrictiarti,-·:able-Cases: cl3r (H) 0 lil 0 ,.:o __________ ,'\0 0 0 0 0 a ~' d': 0 0 ,i<> :e. b/ __________ ';\0 0 0 Page totals> o:'.:o 0 :':~e. Xi'. 0 ;,<q,. 0 0 >;; .. t ...... ,c-..... 0 0 ''.0•,' 0 o. ,,g, ---- 0 0 0 'o .o 0 0 -- t:J) ;Q; t•,Q 0 0 ,0 ''•:•'•'o \., f,;l 0 l[l 0 :,'0 0 0 -- Establishment name------------- Cily --------State _____ _ -Enter the number of days the injured or ill worker was: ~'®f~~I.;:~ Away Onjcb from transfer or work restriction (K) (L) _days _days _days _days __dol" _d•l" _days _days _cloy< _days _days _d•l" _days _days _d.~)~ _days _days _day• _days _days _do}' _days _days _days _days _day< -- -- (M) ·. t i'l~JiJ (1) 0 (2)1''(3) (4) (5) b {~1]' 0 0 0 .0 0 00 U D b 0 0 ;p 0 0 -~-- (6) 0 Public reporting burden for this collection of information is estimated to average 14 minutes per response, including time to review the instructions, search and gather the dat<t needed, and complete and review the collection ofintOrmation. Persons are not required to respond to the collection of information unless it displays a currently valid OMB control number. If you have any comments Be sure to transfer these totals to the Summary page (Form 300A) before you post it. ~ j ... §.g J ..9 • ~:a ~ about these estimates or any other aspects of this data collec.tion, contact: US Department of Labor, OSHA Office of Statistical Analysis, Room N·3644, 200 Constitution Avenue, NW, Washington, DC 20210. Do not send the completed forms to [his office. Page_of_ - (1) ~ (2) ·r J8 :c (3) (4) (5) (6) OSHA's Form 300A (Rev. o112oo4l Summary of Work-Related Injuries and Illnesses Year20 __ ~ U.S. Department All establishments covered by Part 1904 must complete this Summaty page, even if no work-related injuries or illnesses occurred during the year. Remember to review the Log to verify that the entries are complete and accurate before completing this summa/}( Using the Log, count the individual entries you made for each categol}( Then write the totals below, making sure you've added the entries from every page of the Log. If you had no cases, write ·o. " Employees, former employees, and their representatives have the right to review the OSHA Form 300 in its entirety. They a/so have limited access to the OSHA Form 301 or its equivalent. See 29 CFR Part 1904.35, in OSHA's recordkeeping rule, for further details on the access provisions for these forms. Number of Cases Total number of Total number of deaths cases with days away from work ---- (G) (H) Number of Days Total number of days away from work (K) Injury and Illness Types Total number of ... (M) Total number of cases with job transfer or restriction (I) Total number of days of job transfer or restriction (L) Total number of other recordable cases ---- (J) (1) Injuries (4) Poisonings (5) Hearing loss (2) Skin disorders (6) All other illnesses (3) Respiratory conditions ""' U'l Post this Summary page from February 1 to April 30 of the year following the year covered by the form. Public reporting burden for this collection of information is estimated to average 58 minutes per response, including time to review the instructions, search and gather the data needed, and complete and review the collection of information. Persons are not required to respond to the collection of information unless it displays a currently valid OMB control number_ If you have any comments about these estimates or any other aspects of this data collection, contact: US Department of Labor, OSHA Office of Statistical Analysis, Room N-3644, 200 Constitution Avenue, NW, Washington, DC 20210. Do not send the r.omplP.tP.rl forms to this offir.P.. Establishment information Y'ouvest;ablishmentft3!me _______________ _ Street City -----------State ZIP Industry description (e.g., Mamlacture of motor truck trailers) Standard Industrial Classification (SIC), ifknown (e.g., 3715) OR North American Industrial Classification (NAICS), ifknown (e.g., 336212) Employment information (If you don't have these figures, see rhe f.fbrkslteet on the back of this page to estimate.) Annual average number of employees Total hours worked by all employees last year Sign here Knowingly falsifying this document may result in a fine. I certifY that I have examined this document and that to the best of my knowledge the entries are true, accurate, and complete. Company executive Title I I ~ ··-nate c.,) en rrmmm' WJltJ!!Ilfl,@!l!J~fj~}Rmw~OU, F!IJ ~~J!J.,!/]~~.~J!ID!P-DJ:l!w.•'"'''·'ffiw~,s=~····~···'"'--'·"'&'-"'··Y---•'"'"'"'"···· At the end of the year, OSHA requires you to enter the average number of employees and the total hours worked by your employees on the summary If you don't have these figures, you can use the information on this page to estimate the numbers you will need to enter on the Summa!)' page at the end of the year. How to figure the average number of employees who worked lor your establishment during the year: 0 Add the total number of employees your establishment paid in all pay periods during the year. Include all employees: fuJi-time, part-time, temporary, seasonal, salaried, and hourly. 6 Count the number of pay periods your establishment had during the year. Be sure to include any pay periods when you had no employees. 8 Divide the number of employees by the number of pay periods. 0 Round the answer to the next highest whole number. Write the rounded number in the blank marked Annual average number of employees. The number of employees O paid in all pay periods = ----- The number of pay f) periods during the year = ----- 0 6 The number rounded e 0 For example, Acme Construction figured its average employment this way: For pay period... Acme paid this number of employees •.. 5 "' 24 25 26 10 0 15 30 40 "' 20 15 +lQ 830 Number of employees paid = 830 Number of pay periods = 26 830 = 31.92 26 31.92 rounds to 32 0 f) €1 0 32 is the annual average number of employees How to figure the total hours worked by all employees: Include hours worked by salaried, hourly, part-time and seasonal workers, as well as hours worked by other workers subject to day to day supervision by your establishment (e.g., temporary help services workers). Do not include vacation, sick leave, holidays, or any other non-work time, even if employees were paid for it. If your establishment keeps records of only the hours paid or if you have employees who are not paid by the hour, please estimate the hours that the employees actually worked. If this number isn't available, you can use this optional worksheet to estimate it. Optional Worksheet x __ _ +--- Find the number of full-time employees in your establishment for the year. Multiply by the number of work hours for a full-time employee in a year. This is the number of full-time hours worked. Add the number of any overtime hours as well as the hours worked by other employees (part-time, temporary, seasonal) Round the answer to the next highest whole number. Write the rounded number in the blank marked Total haws worked by all employees last yea·r. OSHA's Form 301 Injury and Illness Incident Report Attention: This form contains information relating to employee health and must be used in a manner that protects the confidentiality of employees to the extent possible while the information is being used for occupational safety and health purposes. ~ U.S. Department of Labor Occupational Safety and HeaHit Administration '~'"~~.<i:i-::<-.1>}.~;~,"· -~~.4..'<>':->~rr.:¥.~* ~&Th'i:>1?-.. l';<;'Y~%.~~~%:W.&~'>W..®:S:.l,~~'>'>:l'''.#.;K;~~'-~~·\"' "}'~#::<W&:::~'::!8',:0.';'"W";-;:>:;~.';t:.'ml-::s:l.~.«:::m:-'%";;$:;j>", .. ,,. .. , .... " ··~R'i::'.~~W"~®:.fX•">;'ID.."%~~~-.··"~.UW"~"Sl?:B%W:>Y92i:J/>:W:V.&.::. ··;;;,'*'"Vff~~~'Wf.<.::smw'#..®~":,..~g~~MY..(:. This Injury and Illness Incident Repo,-t is one of the first forms you must fill out when a recordable work- related injury or illness has occurred. Together with the Log of Work-Related Injuries and Illnesses and the accompanying Summmy, these forms help the employer and OSHA develop a picture of the extent and severity of work-related incidents. Within 7 calendar days afier you receive information that a recordable work-related injury or illness has occurred, you must fill out this form or an equivalent. Some state workers' compensation, insurance, or other reports may be acceptable substitutes. To be considered an equivalent form, any substitute must contain all the information asked for on this form. According to Public Law 91-596 and 29 CFR 1904, OSHA:s recordkeeping rule, you must keep this form on file for 5 years following the year to which it pertains. If you need additional copies of this form, you may photocopy and use as many as you need. Completed by __________________ _ Title ______________________ _ Phonel____j ____ -··-------Date ___ / Information. about the employee 1) Full name--------------------- %) Street ---------------------------- City State 3) Dateofbirth ______ . __ __ 4) Date hired 5) 0 M•le 0 Female ZIP Information about the physician or other health care professional fi) Name of physician or other health care professional 7l If treatment was given away from the worksite, where was it given? Facility _________________________ _ Street City State 8) Was employee treated in an emergency room? 0 Ye• 0 No 9) Was employee hospitalized overnight as an invpatient? 0 y., 0 No ZIP Form approved OMB no. 1218-0176 Information about the case 10) Case number from the Log ----------(Tramfer the case numbe-¥ from the Log afler)'OU ·rec01d the case.) 11) Date of injury or illness 12) Time employee began work -------AM/PM 13) Time of event AM I PM 0 Check if time cannot be determined 14) What was the employee doing just before the incident occurred? Describe the activity1 as well as the tools, equipment, or material the employee was using. Be specific. Examples: "climbing a ladder while carrying roofing materials"; "spraying chlorine from hand sprayer"; "daily computer key-entry." 15) What happened? Tell us how the injury occurred. Examples: "When ladder slipped on wet floor, worker fell 20 feet"; "Worker was sprayed with chlorine when gasket broke during replacement"; "Worker developed soreness in wrist over time." 16) What was the Injury or illness? Tell us the part of the body that was affected and how it was affected; be more specific than "hurt," upain," or sore." Examples: "strained backn; "chemical burn, hand"; "carpal tunnel syndrome." 1'7) What object or substance directly harmed the employee? Examples: "concrete floor"; "chlorine"; "radial arm saw."lfthis question does not apply to the incident, leave it blank. 18) II the employee died, when did death occur? Date of death Public reporting burden for this collection of infOrmation is estimated to .werage 22 minutes per response, including time for reviewing instructions, searching existing data sources, grtthering and maintaining the data needed, and completing and re,·iewing the collection of infOrmation. Persons are not required to respond to the collection of infOrmation unless it displays a current valid OMB control number. If you have any comments about this estimate or any other aspects of this data collection, including suggestions for reducing this burden, contact: US Department of Labor, OSHAO!lice of Statistical Analysis, Room N~3644, 200 Constitution Avenue, NW, Washington, DC 20210. Do not send the completed tOrms to this office. w ..... w co If You Need Help ... If you need help deciding whether a case is recordable, or if you have questions about the information in this package, feel free to contact us. We 'II gladly answer any questions you have. T Visit us online at www.osha.gov T Call your OSHA Regional office and ask for the recordkeeping coordinator or T Call your State Plan office Federal Jurisdiction Region 1 -617 I 565-9860 Connecticut; Massachusetts; Maine; New Hampshire; Rhode Island Region 2 -212 I 337-2378 New York; New Jersey Region 3 -215 I 861-4900 DC; Delaware; Pennsylvania; West Virginia Region 4 -404 I 562-2300 Alabama; Florida; Georgia; Mississippi Region 5 -312 I 353-2220 Illinois; Ohio; Wisconsin Region 6 -214 I 767-4731 Arkansas; Louisiana; Oklahoma; Texas Region 7 -816 I 426-5861 Kansas; Missouri; Nebraska Region 8 -303 I 844-1600 Colorado; Montana; North Dakota; South Dakota Region 9 -415 I 975-4310 Region 10 -206 I 553-5930 Idaho State Plan States Puerto Rico -787 I 754-2172 Alaska -907 I 269-49.57 South Carolina -803 I 734-9669 Arizona-602 I 542-5795 Tennessee-615 I 741-2793 California-415 I 703-5100 Utah-801 I 530-6901 *Connecticut-860 I 566C4380 Vermont-802 I 828-2765 Hawaii-808 I 586-9100 Virginia-804 I 786-6613 indiana-317 I 232-2688 Virgin Islands-340 I 772-131.1 Iowa-515 I 281-3661 Washington-360 I 902-5601 Kentucky -502 I 564-3070 Wyoming-307 I 777-7786 Maryland-410 I 767-2371 *Public Sector only Michigan-517 I 322-1848 Minnesota-651 I 284-5050 Nevada -702 I 486-9020 *New Jersey-609 I 984-1389 New Mexico -505 I 827-4230 'New York-S18 I 4S7-2S74 North Carolina-919 I 807-287S Oregon-503 I 378-3272 ""' c.c Have questions? If you need help in filling out the Lag or Summary, or if you have questions about whether a case is recordable, contact us. We'll be happy to help you. You can: T Visit us online at: www.osha.gov T Call your regional or state plan office. You'll find the phone number listed inside this cover. p r e f a c e Firearm safety is the law in California. Every firearm owner should understand and follow firearm safety practices, have a basic familiarity with the operation and handling of their firearm, and be fully aware of the responsibility of firearm ownership. Pursuant to Penal Code section 26840, any person who acquires a firearm must have a Firearm Safety Certificate (FSC), unless they are statutorily exempt from the FSC requirement. To obtain an FSC, a person must pass a Department of Justice (DOJ) written test on firearm safety. The test is administered by DOJ Certified Instructors, who are often located at firearms dealerships . . This study guide provides the basic firearm safety information necessary to pass the test. Following the firearm safety information in this guide will help reduce the potential for accidental deaths and injuries, particularly those involving children, caused by the unsafe handling and storing of firearms. In addition to safety information, this study guide provides a ·general summary ofthe state laws that govern the sale and use of firearms. Finally, there is a glossary that defines the more technical terms used in the study guide. Simply reading this study guide will not make you a safe firearm owner. To be a safe firearm owner you must practice the firearm safety procedures described in the following .pages. Table of Contents Preface Introduction Why Firearm Safety? ........................................ 1 Firearm Safety is the Law .................................... 1 Firearm Safety Certificate Information .......................... 1 Causes of Firearm Accidents .................................. 2 Preventing Misuse Tragedies .................................. 2 Becoming a Safe and Responsible Firearm Owner ................. 3 Chapter 1: Gun Safety Rules The Six Basic Gun Safety Rules ............................... 4 Additional Safety Points ..................................... 6 Chapter 1: Self Test ......................................... 7 Chapter 2: Firearms and Children Firearm Owner Responsibility ................................. 8 Summary of Safe Storage Laws Regarding Children ............ 8 You Cannot Be Too Careful With Children and Guns ........... 8 Talking to Children About Guns ........................... 9 Instill a Mind Set of Safety and Responsibility ................ 9 Rules for Kids . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 Chapter 2: Self Test. ........................................ 11 Chapter~: Firearm Operation and Safe Handling Safe Handling Demonstration ................................. 12 Revolver Parts and Operation ................................. 12 How a Revolver Works ................................... 12 Double-Action Revolver Safe Handling. . ....................... 13 Single-Action Revolver Safe Handling .......................... 15 Semiautomatic Pistol Parts and Operation ........................ 17 How a Semiautomatic Pistol Works ......................... 17 Semiautomatic Pistol Safe Handling ............................ 1 7 Long Gun Safe Handling ..................................... 21 Ammunition ............................................... 25 Ammunition Components ................................. 25 Components of a Cartridge ................................ 25 Physics of Gunfire . . . . . . . . . . ................................ 25 Firearm and Ammunition Calibers ............................. 26 Dangerous Range ........................................... 27 Malfunctions .............................................. 27 Chapter 3: SelfTest ......................................... 28 Chapter 4: Firearm Ownership Understand the Safety Aspects of Your Firearm ................... 29 Carefully Read All Instructional Material. ....................... 29 Enroll in a Firearm Training Course ............................ 29 Cleaning and Repair ......................................... 29 Safety and Storage Devices. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31 Methods of Childproofrng .................................... 32 Chapter 4: Self Test ......................................... 33 Prohibited Firearms Transfers and Straw Purchases .... 34 Chapter 5: Firearms laws Introduction to the Laws . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 5 Sales and Transfers ofFirearms ............................... 35 New California Resident Requirement .......................... 3 8 Carrying a Concealed Weapon ................................ 3 8 Firearms Aboard Common Carriers ............................ 39 Firearms in the Home, Business or at the Campsite ................ 39 The Use of Lethal Force in Self-Defense ......................... 39 Loaded Firearms in Public ................................... .40 Large-Capacity Magazines . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40 Firearm Storage During Prohibition ............................ 40 Miscellaneous Prohibited Acts ................................ 41 Persons Ineligible to Possess Firearms .......................... 43 Chapter 5: Self Test ........................................ .45 Safe Handling Demonstration Glossary ......................... 46 Introduction WHY FIREARM SAFElliY~ " Firearm safety is important to all Californians. No one wants firearm accidents to happen yet they do everyday. Firearm accidents involving children are especiaUy disturbing. Studies show that easy access to loaded firearms in homes is often a contributing factor in accidental shootings of children. While there may be no way to guarantee safety, firearm owners can take steps to help prevent many accidental shootings. This study guide will give you valuable information to help you become a safe and responsible firearm owner. FIREARM SAFEtY IS llii!IE t:!AW The intent of the California Legislature in enacting the FSC law is to ensure that persons who obtain firearms have a basic familiarity with those firearms, including but not limited to, the safe handling and storage of those firearms. It is not the intent of the Legislature to require an FSC for the mere possession of a firearm. (Pen. Code,§ 31610.) FIREARM SAFEtY CERti&IIAti INBIRMAtiON To obtain an FSC, you must take the DOJ written test and receive a passing score of at least 75% (the information needed to pass the test is contained in this study guide). An FSC is valid for five years from the date of issuance. If your FSC is lost, stolen or destroyed, a replacement may be obtained from the DOJ Certified Instructor who issued your original FSC. Pursuant to Penal Code section 31700, there are exemptions from the FSC requirement including, but not limited to: • Federal Firearms License Collectors with a Certificate ofEligibility (for Curio and Relic transactions only); • Active, active reserve, or honorably retired military; • Carry Concealed Weapon (CCW) permit holders; and • Persons who have completed Peace Officers Standards and Training (POST) (Pen. Code, § 832) firearms training. 1 For a complete list of exemptions visit the DOJ website at http://oag.ca.gov/firearms or contact the DOJ Bureau of Firearms, General Information Line at (916) 227-7527. You are required to provide documentation of your exemption to the firearms dealer each time you acquire a firearm. CALJSES OE EIREARM ACCIDENms , Ignorance and carelessness are major causes of firearm accidents. To help reduce the number of firearm accidents, it is critical that gun safety rules are understood and practiced at all times by every family member. Following are some examples of firearm accidents that could have been avoided if the basic gun safety rules had been practiced: Two young children playing in their home found a loaded handgun with the magazine removed on a bedside table. One child was injured when the handgun was fired. A handgun owner assumed a firearm was unloaded. While cleaning it, he accidentally fired the handgun, causing injury to himself A hunter was walking with his finger loosely on the trigger of his rifle. Distracted by a sudden noise behind him, he turned and accidentally fired, injuring his buddy walking nearby. Knowing the safety rules and applying them most of the time is not enough. Firearm accidents can happen even to a person who knows the safety rules, but is careless in following them. For example, you may think you can leave your loaded firearm out on the kitchen table just for a moment while you go outside to turn off the garden hose. Although you know you should never leave a firearm where a child may find it, you carelessly think it will be alright "just this once." REMEMBER: Ignorance and carelessness can result in firearm accidents. Basic gun safety rules must be. applied ALL OF THE TIME. PREVENTING MISLJSE TRAGEDIES It's a fact that many depressed, intoxicated, substance abusive, or enraged individuals commit suicide every year with firearms, usually handguns. The developmental issues associated with adolescence make teenagers particularly susceptible to this unfortunate outcome. Safe and responsible firearm storage, particularly when a member of the household is experiencing one of the aforementioned conditions, can help prevent tragedies. 2 BECOMING A. SAFE A.NIJ RESRONSIB!lltE FIREARM OWNER Becoming a safe firearm owner is similar to becoming a safe driver-you combine a good working knowledge of the equipment, the basic skills of operation, and a mind set dedicated to safe and responsible usage and storage. This means you must have: • Respect for the danger of firearms; • An awareness and concern about the possible safety hazards related to firearms; and • A desire to learn and practice safe conduct with firearms. Developing a mind set for safe and responsible firearm usage and storage is the first step in actually becoming a responsible firearm owner. The next step is building your knowledge of firearms and gun safety, which you can do by reading and understanding the information in this study guide. The final steps are becoming skillful in handling firearms and using the safety knowledge that you have acquired. 3 CHAPTER 1 Gun Safety Rules This chapter will introduce you to specific gun safety rules to give you a better understanding of firearm safety. iBE SIX BASIQ GON SAEiil RtJE;ES There are six basic gun safety rules for gun owners to understand and practice at all times: 1. Treat all guns as ifthey are loaded. 2. Keep the gun pointed in the safest possible direction. 3. Keep your finger off the trigger until you are ready to shoot. 4. Know your target, its surroundings, and beyond. 5. Know how to properly operate your gun. 6. Store your gun safely and securely to prevent unauthorized use. Guns and ammunition should be stored separately. 1. Treat all guns as if they are loaded. • Always assume that a gun is loaded even if you think it is unloaded. • Every time a gun is handled for any reason, check to see that it is unloaded. For specific instructions on how to unload a firearm, see Chapter 3. • If you are unable to check a gun to see if it is unloaded, leave it alone and seek help from someone more knowledgeable about guns. 2. Keep the gun pointed in the safest possible direction. • Always be aware of where the gun is pointing. A "safe direction" is one • where an accidental discharge of the gun will not cause injury or damage. • Only point a gun at an object that you intend to shoot. • Never point a gun toward yourself or another person. 3. Keep your finger off the trigger until you are ready to shoot. • Always keep your finger off the trigger and outside the trigger guard until you are ready to shoot. 4 • Even though it may be comfortable to rest your finger on the trigger, it is unsafe. • If you are moving around with your finger on the trigger and stumble or fall, you could inadvertently pull the trigger. • Sudden loud noises or movements can result in an accidental discharge because there is a natural tendency to tighten the muscles when startled. • The trigger is for firing, the handle is for handling. 4. Know your target, its surroundings, and beyond. • Check that the areas in front of and behind your target are safe before shooting. • Be aware that if the bullet misses or completely passes through the target, it could strike a person or object. • Identify the target and make sure it is what you intend to shoot. If you are in doubt, DON'T SHOOT! • Never fire at a target that is only a movement, color, sound or unidentifiable shape. • Be aware of all the people around you before you shoot. 5. Know how to properly operate your gun. • It is important to become thoroughly familiar with your gun. You should know its mechanical characteristics including how to properly load, unload and clear a malfunction from your gun. • Obviously, not all guns are mechanically the same. Never assume that what applies to one make or model is exactly applicable to another. • You should direct questions regarding the operation of your gun to your firearms dealer, or contact the manufacturer directly. 6. Store your gun safely and securely to prevent unauthorized use. Guns and ammunition should be stored separately. • Even when the gun is not in your hands, you must still think of safety. • Use a California-approved firearms safety device on the gun, such as a trigger lock or cable lock, so it cannot be fired. • Store your gun unloaded in a locked container, such as a California-approved lock box or a gun safe. • Store your gun in a different location than the ammunition. • For maximum safety you should use both a locking device and a storage container. 5 ADDITIONAI.i SAFET~ QOif~TS The six basic safety rules are the foundational rules for gun safety. However, there are additional safety points which must not be overlooked: • Never handle a gun when you are in an emotional state such as anger or depression. Your judgment may be impaired. • Never shoot a gun in celebration (such as on the Fourth of July or New Year's Eve, for example). Not only is this unsafe, but it is generally illegal. A bullet fired into the air can return to the ground with enough speed to cause injury or death. • Do not shoot at water, flat or hard surfaces. The bullet can ricochet and hit someone or something other than the target. • Hand your gun to someone only after you verify that it is unloaded andl the cylinder or action is open. Take a gun from someone only after you verify that it is unloaded and the cylinder or action is open. • Guns, alcohol and drugs don't mix. Alcohol and drugs can negatively affect judgment as well as physical coordination. Alcohol and any other substances are likely to impair normal mental or physical functions and should not be used before or while handling guns. A void handling and using your gun when you are taking medications that cause drowsiness or include a warning to not operate machinery while taking the drug. • The loud noise from a fired gun can cause hearing damage, and the debris and hot gas that is often emitted can result in eye injury. Always wear ear and eye protection when shooting a gun. 6 1. A safe practice when handling a gun is to rest your finger on the outside of the trigger guard or along the side of the gun until you are ready to shoot. (page 4) True False 2. To "know your target, its surroundings and beyond," you must consider that if the bullet misses or completely passes through the target, it could strike a person or object. (page 5) True False 3. Drinking alcohol while handling firearms is safe if your blood alcohol level remains below the legal limit. (page 6) True False 4. Which of the following safety points should you remember when handling a gun? (page 6) A. Never shoot a gun in celebration. B. Do not fire at water, flat or hard surfaces. C. Wear ear and eye protection when shooting a gun. D. All of the above. CHAPTER1: Self Test 5. As a safety measure, your firearm should always be pointed: (page 4) A. To the north. B. In the safest possible direction. C. Up. D. Down. 6. One of the safety rules is to know how to properly: (page 5) A. Clear a malfunction. B. Operate your gun. C. Load your gun. D. Clean your gun. 8 :g '8 :s 'a :p 'aSIB.:l :s 'anJl :z 'anJl: ~ :sJaMSU'If 7 CHAPTER 2 Firearms and Children EIFiEARM OWNEFi FiESiONSIBIIIil It is a firearm owner's responsibility to take all possible steps to make sure a child cannot gain access to firearms. In fact, this responsibility is mandated by California law. The overall abiding rule is to store your gun in a safe and responsible manner at all times. As a firearm owner, you should be aware of the laws regarding children and firearms. Summary of Safe Storage Laws Regarding Children You may be guilty of a misdemeanor or a felony if you keep a loaded firearm within any premises that are under your custody or control and a child under 18 years of age obtains and uses it, resulting in injury or death, or carries it to a public place, unless you stored the firearm in a locked container or locked the firearm with a locking device to temporarily keep it from functioning. Please refer to Page 4 2 for more specific information regarding safe storage laws related to children. You Cannot Be Too Careful with Children and Guns There is no such thing as being too careful with children and guns. Never assume that simply because a toddler may lack finger strength, they can't pull the trigger. A child's thumb has twice the strength of the other fingers. When a toddler's thumb "pushes" against a trigger, invariably the barrel of the gun is pointing directly at the child's face. NEVER leave a firearm lying around the house. Please refer to Pages 31 and 32 for more information regarding safe storage and methods of childproofing your firearm. Child safety precautions still apply even if you have no children or if your children have grown to adulthood and left home. A nephew, niece, neighbor's child or a grandchild may come to visit. Practice gun safety at all times. To prevent injury or death caused by improper storage of guns in a home where children are likely to be present, you should store all guns unloaded, lock them with a firearms safety device and store them in a locked container. Ammunition should be stored in a location separate from the gun. 8 Talking to Children about Guns Children are naturally curious about things they don't know about or think are "forbidden." When a child asks questions or begins to act out "gun play," you may want to address his or her curiosity by answering the questions as honestly and openly as possible. This will remove the mystery and reduce the natural curiosity. Also, it is important to remember to talk to children in a manner they can relate to and understand. This is very important, especially when teaching children about the difference between "real" and "make-believe." Let children know that, even though they may look the same, real guns are very different than toy guns. A real gun will hurt or kill someone who is shot. Instill a Mind Set of Safety and Responsibility The American Academy of Pediatrics reports that adolescence is a highly vulnerable stage in life for teenagers struggling to develop traits of identity, independence and autonomy. Children, of course, are both naturally curious and innocently unaware of many dangers around them. Thus, adolescents as well as children may not be sufficiently safeguarded by cautionary words, however frequent contrary actions can completely undermine good advice. A "do as I say and not as I do" approach to gun safety is both irresponsible and dangerous. Remember that actions speak louder than words. Children learn most by observing the adults around them. By practicing safe conduct you will also be teaching safe conduct. Rl.JEES liOR KIDS Adults should be aware that a child could discover a gun when a parent or any other adult is not present. This could happen in the child's own home; the home of a neighbor, friend or relative; or in a public place such as a school or park. If this should happen, a child should know the following rules and be taught to practice them. 1. Stop The first rule for a child to follow if he/she finds or sees a gun is to stop what he/she is doing. 2. Don't Touch! The second rule is for a child not to touch a gun he/she finds or sees. A child may think the best thing to do if he/she finds a gun is to pick it up and take it to an adult. A child needs to know he/she should NEVER touch a gun he/she may find or see. 3. Leave the Area The third rule is to immediately leave the area. This would include never taking a gun away from another child or trying to stop someone from using gun. 9 4. Tell an Adult The last rule is for a child to tell an adult about the gun he/she has seen. This includes times when other kids are playing with or shooting a gun. Please note that, while there is no better advice at this time for children or adolescents who encounter a gun by happenstance, the California Chapter of the American College of Emergency Physicians reports that such warnings alone may be insufficient accident prevention measures with children and adolescents. 10 1. Toddlers lack the strength to pull the trigger of a firearm. (page 8) True False 2. You may face misdemeanor or felony charges if you keep a loaded firearm where a child obtains and improperly uses it. (page 8) True False 3. There is no such thing as being too careful with children and guns. (page 8) True False 4. An important lesson children should learn is that guns are not toys. (page 9) True False 5. The four safety "Rules for Kids" ifthey see a gun are: (page 9) A. B. C. D. 6. Child safety precautions only apply if you have children. (page 8) True False as1e.:1 :g 'llnPv ue 11a1 ·a 'eaJV at.n 9A89l "8 'lpnOll,UOO '8 'dOlS "1;/ :s 'anJl :v 'anJl :£ 'anJl :z '9Si8::l : ~ :SJ9MSU'v' 11 CHAPTER 3 Firearm Operation and Safe Handling SAFE RANDW!ING BEMBNSifiAilflN Pursuant to Penal Code sections 26850 and 26860, prior to taking delivery of a firearm from a licensed firearms dealer in California, an individual must correctly perform a safe handling demonstration with the firearm he or she is acquiring. The safe handling demonstration must be performed in the presence of a DOJ Certified Instructor on or after the date the Dealer Record of Sale (DROS) is submitted to the DOJ and before the firearm is delivered. This section lists each of the steps that constitute the statutorily mandated safe handling demonstrations for the most common handgun types (semiautomatic pistols, double-action revolvers and single- action revolvers). This section also includes safe handling demonstration steps for most long gun types. However, this information will not appear on the DOJ written test on firearm safety. Please note that a dummy round as stated in this guide refers to one bright orange, red or other readily identifiable dummy round. If no readily identifiable dummy round is available, an empty cartridge casing with an empty primer pocket may be used. The safe handling demonstration shall commence with the firearm unloaded and locked with the firearm safety device with which it is required to be delivered, if applicable. While maintaining muzzle awareness (that is, the firearm is pointed in a safe direction, preferably down at the ground) and trigger discipline (that is, the trigger finger is outside ofthe trigger guard and alongside of the firearm frame) at all times, the firearm recipient shall correctly and safely perform the safe handling demonstration steps for each firearm type. REXZOlliVER PARIS AND BREfiAIIBN , How a Revolver Works A revolver has a rotating cylinder containing a number of chambers. There are usually five or six chambers. The action of the trigger or hammer will line up a chamber with the barrel and firing pin. Releasing the cylinder latch allows the cylinder to swing out for loading, unloading and inspection. Revolvers are either single or double-action. The primary difference between these two types of revolvers is the function of the trigger. On a single-action revolver the trigger has a single function to release the hammer. The trigger on a double-action revolver has two functions to cock the hammer and to release it. 12 ·trigger 1. Open the cylinder. 2. Visually and physically inspect each chamber to ensure that the revolver is unloaded. 13 3. Remove the firearm safety device. If the firearm safety device prevents any of the previous steps, remove the firearm safety device during the appropriate step. 4. 5. While maintaining muzzle awareness and trigger discipline, load one dummy round into a chamber of the cylinder and rotate the cylinder so that the round is in the next-to-fire position. Close the cylinder. 6. Open the cylinder and eject the round. 7. Visually and physically inspect each chamber to ensure that the revolver is unloaded. 8. Apply the firearm safety device, if applicable. NOTE: Simply spinning a revolver to an empty chamber does not unload it or make it safe. The cylinder rotates to the next chamber before the hammer falls. 14 1. Open the loading gate. 15 2. Visually and physically inspect each chamber to ensure that the revolver is unloaded. 3. Remove the firearm safety device required to be sold with the firearm. If the firearm safety device prevents any of the previous steps, remove the firearm safety device during the appropriate step. 4. Load one dummy round into a chamber of the cylinder, close the loading gate and rotate the cylinder so that the round is in the next-to-fire position (the revolver may need to be placed on half-cock or the loading gate reopened). 5. Open the loading gate and unload the revolver. 6. Visually and physically inspect each chamber to ensure that the revolver is unloaded. 7. Apply the firearm safety device, if applicable. * 1873 Rule: Recipients of original versions of single-action anny revolvers should be advised to carry five rounds in the cy Iinder and leave the chamber under the hammer empty. 16 SEMIAUJ+OMAIIG PISiOLll PAR4S ANEl OPERAiiON How a Semiautomatic Pistol Works A semiautomatic pistol has a single chamber. Each time the trigger is pulled, a cartridge is fired, the empty case is automatically extracted and ejected, the hammer is cocked, and a new cartridge is loaded into the chamber. The primary difference between revolvers and semiautomatic pistols is how the ammunition is held. Revolvers use a cylinder to hold ammunition. Semiautomatic pistols use a magazine to hold ammunition. A magazine is a separate metal boxlike container into which cartridges are loaded. It is usually located within the grip. A button or catch releases the magazine. Another difference is most semiautomatic pistols have a "safety" that is designed to prevent firing when engaged. However, it is not foolproof so do not rely on the safety to prevent an accidental discharge. A safety should be considered an additional safety measure. Never pull the trigger on any firearm with the safety in the "safe" position because thereafter the firearm could fire at any time without the trigger ever being touched. If a firearm is dropped, it may land hard enough to activate the firing mechanism without the trigger being touched. SEMIAI:IiOMAiiG PISiOLll SAI!1E BANDLlliNG "" ' , m£t.gazine 17 1. Remove the magazine. 2. Lock the slide back. Ifthe model offirearm does not allow the slide to be locked back, pull the slide back, visually and physically inspect the chamber to ensure that it is clear. 3. Visually and physically inspect the chamber, to ensure that the firearm is unloaded. 18 4. Remove the firearm safety 5. device, if applicable. Ifthe firearm safety device prevents any of the previous steps, remove the firearm safety device during the appropriate step. Load one dummy round into the magazine. 6. Insert the magazine into the magazine well of the firearm. 7. Manipulate the slide release or pull back and release the slide. 8. Remove the magazine. 9. Visually inspect the chamber to reveal that a round can be chambered with the magazine removed. 10. Lock the slide back to eject the dummy round. If the firearm is of a model that does not allow the slide to be locked back, pull the slide back and physically check the chamber to ensure that the chamber is clear. 11. Apply the safety, if applicable. 12. Apply the firearm safety device, if applicable. 19 Note: If you release the slide before inserting the magazine, there will NOT be a cartridge in the chamber. You should NOT assume a semiautomatic pistol is unloaded just because the magazine is removed from the handgun. Do not allow the slide to go forward UNLESS you have: 1. Checked again to be sure the chamber is empty, and 2. Checked again to be sure the magazine has been REMOVED. Ifyou pull the slide back ejecting the cartridge, check the chamber, let the slide go forward, and THEN remove the magazine, you have a loaded, dangerous firearm (a cartridge is in the chamber) even though you have removed the magazine. It is common and sometimes fatal to make this error. ALWAYS REMOVE THE MAGAZINE FIRST! 20 LONG GtJN SAEE HANDLING The demonstration shall commence with the firearm unloaded and locked with the firearm safety device with which it is required to be delivered, if applicable. While maintaining muzzle awareness (that is, the firearm is pointed in a safe direction, preferably down at the ground) and trigger discipline (that is, the trigger finger is outside of the trigger guard and alongside ofthe receiver) at all times, the firearms recipient shall correctly and safely perform the steps identified for each firearm type. The following safe handling demonstration steps for long guns are generally applicable to the various firearm models of each firearm "type" (e.g. pump action long gun, break-top revolver, etc.). However, the specified safe handling demonstration steps may not be appropriate for a particular model of firearm. If uncertain, refer to the owner's manual or consult with a DOJ Certified Instructor. Pump Action Long Gun stock: · ejection"{)ort L Open the ejection port. 2. Visually and physically inspect the chamber to ensure the firearm is unloaded. Visually and physically inspect the magazine follower to ensure the magazine is unloaded (if the magazine follower is not visible, there may be shotshells or cartridges lodged in the tubular magazine). 3. Remove the firearm safety device. Ifthe firearm safety device prevents any ofthe previous steps, remove the firearm safety device during the appropriate step. 4. While maintaining muzzle awareness and trigger discipline, load one dummy round into the magazine loading port. 5. Pull the forend (or forearm) rearward toward the receiver causing the dummy round.to enter the breech. Push the forend forward to chamber the round. The dummy round should have moved from the tubular magazine into the chamber. 6. Push the action (carrier) release button and again pull the forend toward the receiver causing the action to open. The dummy round should extract from the chamber and be ejected through the ejection port. 7. Engage the safety. 8. Apply the firearm safety device, if applicable. 21 Break-Top Long Gun 1. Open the breech. 2. Visually and physically inspect the chamber/barrel to ensure the firearm is unloaded. 3. Remove the firearm safety device. If the firearm safety device prevents any of the previous steps, remove the firearm safety device during the appropriate step. 4. While maintaining muzzle awareness and trigger discipline, load one dummy round into a barrel. 5. Close and lock the action. 6. Unlock and open the action. 7. Remove the dummy round. 8. Apply the firearm safety device, if applicable. Bolt Action Long Gun 1. Visually and physically inspect the chamber/barrel to ensure the long gun is unloaded. Also visually and physically inspect the internal magazine to ensure it is unloaded. 2. Remove the firearm safety device. If the firearm safety device prevents any ofthe previous steps, remove the firearm safety device during the appropriate step. 3. While maintaining muzzle awareness and trigger discipline, load one dummy round into the chamber/barrel. 4. Close and lock the action. 5. Unlock and open the action. 6. Remove the dummy round. 7. Apply the firearm safety device, if applicable. 22 Lever Action Long Gun When handling a lever action firearm with an exposed hammer, please use caution and consult with a DOJ Certified Instructor for proper handling steps. Use only flat point, hollow point, round nose flat point, or similar rounds. Never use pointed or conical point rounds in a center fire rifle with a tubular magazine. Failure to follow these instructions may result in injury to yourself or others, or cause damage to your firearm. barrel · tubular magazine . ·. trrgg~r lever / •. 1. Open the breech. 2. Visually and physically inspect the chamber/barrel to ensure the firearm is unloaded. Visually and physically inspect the magazine follower to ensure the magazine is unloaded (if the magazine follower is not visible, there may be cartridges lodged in the tubular magazine). 3. Remove the firearm safety device. If the firearm safety device prevents any of the previous steps, remove the firearm safety device during the appropriate step. 4. While. maintaining muzzle awareness and trigger discipline, load one dummy round into the chamber/barreL 5. Close and lock the action. 6. Unlock and open the action. 7. Remove the dummy round. 8. Apply the firearm safety device, if applicable. 23 Semiautomatic Long Gun With a Detachable Magazine 1. Remove the magazine. 2. Pull the bolt back and lock it open if possible. 3. Visually and physically inspect the barrel/chamber to ensure the firearm is unloaded. 4. Remove the firearm safety device. If the firearm safety device prevents any ofthe previous steps, remove the firearm safety device during the appropriate step. 5. While maintaining muzzle awareness and trigger discipline, load one dummy round into the magazine. 6. Insert the magazine into the magazine well. 7. Close and lock the action. 8. Unlock and open the action. 9. Remove the dummy round. 10. Apply the firearm safety device, if applicable. Semiautomatic Long Gun With a Fixed Magazine si6~~ . . operating rod barr(ill trigger ,\trigger gua~q . 1. Pull the bolt back and lock it open if possible. 2. Visually and physically inspect the barrel/chamber to ensure the firearm is unloaded. Also visually and physically inspect the internal magazine to ensure it is unloaded. 3. Remove the firearm safety device. If the firearm safety device prevents any of the previous steps, remove the firearm safety device during the appropriate step. 4. While maintaining muzzle awareness and trigger discipline, load one dummy round into the magazine. 5. Close and lock the action. 6. Unlock and open the action. 7. Remove the dummy round (the dummy round should have extracted from the chamber and ejected from the breech). 24 AMMUNITION , , , An often overlooked aspect of safe firearm operation is knowing about the ammunition you use. It is important for you to know which ammunition can be used safely in your firearm. Ammunition Components A firearm cartridge, commonly referred to as a "round," is a single unit of ammunition made up of four parts: the case, the primer, the propellant and the bullet. Components of a Cartridge pfimer propellant , .. , (ip~jde ofi<cas~) The case is the metal cylinder that is closed at one end and contains the other three components. The primer is the impact-sensitive chemical compound used for ignition. The propellant is a fast-burning chemical compound. The bullet is the projectile fired from a firearm. It is usually made of lead, sometimes covered with a layer of copper or other metal and is located at the tip of the cartridge. People often mistakenly refer to the entire cartridge as a "bullet." Actually the bullet is just one part of a cartridge. ~H~SIGS OS GUNSIRE , To understand the power of a firearm, it is helpful to know some of the physics of gunfire. The fall of the hammer causes the primer to ignite the powder, which burns to produce gases. These rapidly-expanding gases push the bullet through the barrel and toward the target. The push of gases against the firearm results in what is called recoil. Some shooters are startled by recoil. Firearms vary in how much recoil they generate. Anticipation of recoil may cause an inexperienced shooter to grasp the firearm too tightly or flinch. Shooting a firearm properly minimizes the negative effects of recoil on the shooter. 25 FIREARM AND AMMLINIIION GAEIBERS , Firearms and ammunition are made in various calibers. Firearm caliber refers to barrel diameter. Revolvers generally have the caliber information on the barrel. Semiautomatic pistols generally have the caliber information on the slide. Ammunition caliber refers to bullet diameter. Ammunition has the caliber information on the box. Some ofthe more common calibers are the .22, .45, and 9 mm. You must only use the caliber of ammunition recommended by the manufacturer of your firearm. Just because a cartridge fits your firearm does not necessarily mean the cartridge is safe to shoot. A firearm may not be able to handle the pressure created by using incorrect ammunition. This could result in damage to the firearm and possible injury to yourself or bystanders. Never shoot ammunition that is old, dirty, corroded or wet, or ammunition that cannot be fully identified. This could cause a malfunction such as a jam or a misfire, or explosion of the firearm. Never throw ammunition in the trash. Call your local refuse department and ask for proper disposal instructions. Some ammunition is illegal. Your firearms dealer can help you identify the correct and legal ammunition for your firearm. Purchase your ammunition from an authorized ammunition dealer only. 26 DANGEROUS RANGE In order to shoot a firearm safely, you need to know not only your target but also the dangerous range of your ammunition. The dangerous range is the distance that a bullet can travel. Most ammunition can travel at least a mile, with some having the capability of traveling MORE than two miles. Therefore, even though you may fire at a target only a few feet or yards away, your bullet could travel far beyond your target. As it travels, the potential for damage widens. The importance of the dangerous range is that you must consider how much farther the bullet can travel beyond the target because a bullet that misses or passes through a target could strike a person or object. If you think only of your target and not the dangerous range, you might mistakenly think someone or something is 3too far away' to be in danger. Another important point to remember is that most ammunition can easily penetrate the interior walls of a house and still travel some distance before losing its energy. High velocity or magnum ammunition has even greater penetration and distance capabilities. Remember: Once you fire, you are responsible for any damage or injury your bullet causes. MAL.EUNCTIONS Any machine can malfunction. A firearm is no different. If your firearm malfunctions, always keep the basic safety rules in mind and do the following: STOP FIRING! KEEP THE GUN POINTED IN A SAFE DIRECTION. WAIT TEN SECONDS. SEEK COMPETENT HELP. If you are at a range, the usual procedure to follow when a malfunction occurs is to keep your firearm pointed down range, keep your finger off the trigger and raise your non-shooting hand until a range official arrives. You have a potentially dangerous situation! 27 1. The importance ofthe "dangerous range" is that a bullet can travel far beyond the intended target. (page 27) True False 2. The. safety on a semiautomatic pistol is not foolproof. (page 17) True False 3. Just because a cartridge fits into your firearm does not necessarily mean it is safe to shoot. (page 26) True False 4. In the case of a malfunction, you should: (page 27) A. Keep your finger on the trigger. B. Immediately drop the firearm. C. Try and determine where the malfunction is. D. Keep the gun pointed in a safe direction. CHAPTER 3: Self Test 5. After ensuring a double-action revolver is pointed in a safe direction and with your finger off the trigger, you begin unloading the firearm by: (page 13) A. Opening the cylind<~r. B. Locking the slide back. C. Opening the loading gate. D. Pushing the magazine release. 6. Firearm or ammunition caliber refers to: (page 26) A. Barrel length. B. Magazine capacity. C. Barrel or bullet diameter. D. Bullet velocity. 7. A magazine is part of a: (page 17) A. Single-action revolver. B. Double-action revolver. C. Semiautomatic pistol. D. Single-action and a double- action revolver. 8 :L '8 :g '\:! :s 'a :p 'anJl :£ 'anJl :z 'anJl : ~ :sJaMsu-v 28 CHAPTER 4 Firearm Ownership UNDERSIAND IHE SAEEIM ASAEIIS IE! II OR EIREARM Get advice from a professional sales person on the safety aspects of the firearm you are considering buying. Select the firearm that best suits your personal needs. Ask a lot of questions! Ask about the correct ammunition for the firearm you have selected. Become thoroughly familiar with the mechanics of the firearm you have selected. By knowing exactly how your firearm works, you are more likely to recognize any possible safety problems. CAREEUE!ll:l READ AEI! INSIRUClliiiNA!ll: MAIIIIAE An owner's manual from the manufacturer of your firearm should be provided when you buy a new firearm. Manuals for used firearms usually can be obtained by writing or calling the manufacturer. Carefully read the manual and use it to familiarize yourself with the firearm and its operation. ENIII!I! IN A EIIEAIM lliiAININIIIt!JISE , To help you learn to drive a car you probably had some "behind the wheel" training and practice before you got your driver's license. This also applies to firearm ownership. The best way to become skilled in using and understanding how your firearm operates is to enroll in a "hands-on" training course. There are many firearm training courses that can provide additional safety information. For information on training courses in your area, contact a local firearms dealer or firearms safety organization. CEEANING AND REAAIR Maintenance is part of being a responsible firearms owner. Firearms should be cleaned regularly and especially after prolonged storage. The barrel should be cleaned after every use. Accumulated moisture, dirt or grease can interfere with the efficient and safe operation of a firearm. 29 Firearm cleaning kits and materials can be purchased from most firearms dealers. Be aware that some firearm cleaning substances are toxic. Carefully read and follow the instructions on the cleaning products. You should clean your firearm in a location where you will have no distractions. Before you begin, always make sure your firearm is unloaded and remove any ammunition from the cleaning area. Accidents can happen if cleaning procedures are not followed correctly and safely. Therefore, you should follow the cleaning instructions in your owner's manual and on your cleaning products. Firearms dealers or gunsmiths also are good sources for cleaning information. Care should be taken to ensure adequate ventilation at all times to reduce the risk of inhaling lead particles. To avoid accidental ingestion of lead particles, never handle food or drink without first washing your hands. Do not smoke when exposed to lead. Wash your hands thoroughly after exposure. Periodically inspect all firearms you own to be sure that they are in good workilng condition. If you notice any problems, have your firearm checked by a competent gunsmith. Any repairs should be made only by a gunsmith or the manufacturer of the firearm. You should not attempt to make any major modifications to your firearm. Some modifications are illegal and dangerous. They also could void the manufacturer's warranty. By keeping your firearm properly maintained, you will ensure that it is safe to operate and will function reliably for many years. 30 If you decide to keep a firearm in your home you must consider the issue of how to store the firearm in a safe and secure manner. California recognizes the importance of safe storage by requiring that all firearms sold in California be accompanied by a DOJ-approved firearms safety device or proof that the purchaser owns a gun safe that meets regulatory standards established by the DOJ. The current list ofDOJ-approved firearms safety devices and the gun safe standards can be viewed at the following DOJ website: http:/ I oag.ca. gov /firearms/fsdcertlist. There are a variety of safety and storage devices currently available to the public in a wide range of prices. Some devices are locking mechanisms designed to keep the firearm from being loaded or fired, but don't prevent the firearm from being handled or stolen. There are also locking storage containers that hold the firearm out of sight. For maximum safety you should use both a firearm safety device and a locking storage container to store your unloaded firearm. Two of the most common locking mechanisms are trigger locks and cable locks. Trigger locks are typically two-piece devices that fit around the trigger and trigger guard to prevent access to the trigger. One side has a post that fits into a hole in the other side. They are locked by a key or combination locking mechanism. Cable locks typically work by looping a strong steel cable through the action of the firearm to block the firearm's operation and prevent accidental firing. However, neither trigger locks nor cable locks are designed to prevent access to the firearm. Smaller lock boxes and larger gun safes are two of the most common types of locking storage containers. One advantage of lock boxes and gun safes is that they are designed to completely prevent unintended handling and removal of a firearm. Lock boxes are generally constructed of sturdy, high-grade metal opened by either a key or combination lock. Gun safes are quite heavy, usually weighing at least 50 pounds. While gun safes are typically the most expensive firearm storage devices, they are generally more reliable and secure. Remember: Safety and storage devices are only as secure as the precautions you take to protect the key or combination to the lock. 31 MEiHODS OR CHIL.DBROORJ~G As a responsible firearm owner, you need to be aware of the methods of childproofing your firearm, whether or not you have children. Whenever children could be around, whether your own, or a friend's, relative's or neighbor's, additional safety steps should be taken when storing firearms and ammunition in your home. • Always store your firearm unloaded. • Use a firearms safety device AND store the firearm in a locked container. • Store the ammunition separately in a locked container. Always storing your firearm securely is the best method of childproofing your firearm; however, your choice of a storage place can add another element of safety. Carefully choose the storage place in your home especially if children may be around. • Do not store your firearm where it is visible. • Do not store your firearm in a bedside table, under your mattress or pillow, or on a closet shelf. • Do not store your firearm among your valuables (such as jewelry or cameras) unless it is locked in a secure container. • Make sure the location you store your firearm and ammunition is not easily accessible to children. • Consider storing firearms not possessed for self-defense in a safe and secure manner away from the home. 32 1. It is important to carefully read all instructional material you receive with your firearm. (page 29) True False 2. Certain modifications, when made to a firearm, may void its warranty. (page 30) True False 3. It is safe to store a loaded firearm in your bedside table. (page 32) True False 4. Two common firearms safety devices are trigger locks and cable locks. (page 31) True False CHAPTER 4: Self Test 5. Which of the following steps should be taken to "childproof' your firearm? (page 32) A. Use a firearms safety device AND store the firearm in a locked container. B. Always store your firearm unloaded. C. Store ammunition separately in a locked container. D. All ofthe above. 0 :g 'anJl :p 'aSI8::! :£ 'anJl :c; 'anJl : ~ :sJaMsuy 33 Prohibited Firearms Transfers and Straw Purchases What is a straw purchase? A straw purchase is buying a gun for someone who is prohibited by law from possessing one, or buying a gun for someone who does not want his or her name associated with the transaction. It is a violation of California law for a person who is not licensed as a California firearms dealer to transfer a firearm to another unlicensed person, without conducting such a transfer through a licensed firearms dealer. (Pen. Code, § 27545.) Such a transfer may be punishable as a felony. (Pen. Code, § 27590.) Furthermore, it is a violation of federal law to either (1) make a false or fictitious statement on an application to purchase a firearm about a material fact, such as the identity of the person who ultimately will acquire the firearm (commonly known as "lying and buying") (18 U.S.C. 922(a)(6)), or (2) knowingly transfer a firearm to a person who is prohibited by federal law from possessing and purchasing it. (18 U.S.C. 922( d).) Such transfers are punishable under federal law by a $250,000 fine and 10 years in federal prison. (18 U.S.C. 924(a)(2).) Things to remember about prohibited firearms transfers and straw purchases: An illegal firearm purchase (straw purchase) is a federal crime. An illegal firearm purchase can bring a felony conviction sentence of 10 years in jail and a fine of up to $250,000. Buying a gun and giving it to someone who is prohibited from owning one is a state and federal crime. Never buy a gun for someone who is prohibited by law or unable to do so. 34 CHAPTER 5 Firearms Laws INTRODl.H3TION TO THE llliJXWS ,, As the owner of a firearm, it is your responsibility to understand and comply with all federal, state and local laws regarding firearms ownership. Many ofthe laws described below pertain to the possession, use and storage of firearms in the home and merit careful review. This section contains a general summary of the state laws that govern the use of firearms, particularly handguns, by persons other than law enforcement officers or members of the armed forces. It is not designed to provide individual guidance for specific situations, nor does it address federal or local laws. Persons having specific questions are encouraged to seek legal advice from an attorney, or consult their local law enforcement agency, local prosecutor or law library. SAl..ES AND TRANSFeRS ~~ FIREARMS In California, only licensed California firearms dealers are authorized to engage in retail sales of firearms. These retail sales require the purchaser to provide personal identifier information for the Dealers' Record of Sale (DROS) document that the firearms dealer must submit to the DOJ. There is a mandatory 10-day waiting period before the firearms dealer can deliver the firearm to the purchaser. During this 10- day waiting period, the DOJ conducts a firearms eligibility background check to ensure the purchaser is not prohibited from lawfully possessing firearms. Although there are exceptions, generally all firearms purchasers must be at least 18 years of age to purchase a long gun (rifle or shotgun) and 21 years of age to purchase a handgun (pistol or revolver). Additionally, purchasers must be California residents with a valid driver's license or identification card issued by the California Department ofMotor Vehicles. Generally, it is illegal for any person who is not a California licensed firearms dealer (private party) to sell or transfer a firearm to another non-licensed person (private party) unless the sale is completed through a licensed California firearms dealer. "Private party transfers" can be conducted at any licensed California firearms dealership that sells firearms. The buyer and seller must complete the required DROS document in person at the licensed firearms dealership and deliver the firearm to the dealer who will retain possession of the firearm during the mandatory 1 0-day waiting period. In addition to the applicable state fees, the firearms dealer may charge a fee not to exceed $1 0 per firearm for conducting the private party transfer. 35 The infrequent transfer of firearms between immediate family members is exempt from the law requiring private party transfers to be conducted through a licensed firearms dealer. For purposes of this exemption, "immediate family" means parent and child, and grandparent and grandchild, but does not include other types of transfers, such as between brother and sister. Please note that the transferee must comply with the FSC requirement described below, prior to taking possession of the firearm. Within 30 days of the transfer, the transferee must also submit a report of the transaction to the DOJ. The required report form (Firearm Ownership Record BOF 4542A) can be downloaded from the DOJ's website at http://oag.ca.gov/firearms/forms. The reclaiming of a pawned firearm is subject to the DROS and 1 0-day waiting period requirements. Proof-of-Residency Requirement To purchase a handgun in California you must present documentation indicating that you are a California resident. Acceptable documentation includes a utility bill from within the last three months, a signed residential lease, a property deed or military permanent duty station orders indicating assignment within California. The address provided on the DROS must match either the address on the proof-of-residency document or the address on the purchaser's California Driver license or Identification Card. (Pen. Code,, § 26845.) Firearm Safety Certificate Requirement To purchase or acquire a firearm, you must have a valid FSC. To obtain an FSC, you must score at least 75% on an objective written test pertaining to firearms laws and safety requirements. The test is administered by DOJ Certified Instructors, who are generally located at firearms dealerships. An FSC is valid for five years. The fee for taking the FSC test and being issued an FSC is twenty-five dollars ($25). Firearms being returned to their owners, such as pawn returns, are exempt from this requirement. In the event of a lost, stolen or destroyed FSC, the issuing DOJ Certified Instructor will issue a replacement FSC for a fee of $5. You must present proof of identity to receive a replacement FSC. (Pen. Code, §§ 31610-31670.) Safe Handling Demonstration Requirement Prior to taking delivery of a firearm, you must successfully perform a safe handling demonstration with the firearm being purchased or acquired. Safe handling demonstrations must be performed in the presence of a DOJ Certified Instructor sometime between the date the DROS is submitted to the DOJ and the delivery ofthe firearm, and are generally performed at the firearms dealership. The purchaser, firearms dealer and DOJ Certified Instructor must sign an affidavit stating the safe handling demonstration was completed. The steps required to complete the safe handling demonstration for most firearm types is described in Chapter 3. Pawn returns and intra-familial transfers are not subject to the safe handling demonstration requirement. (Pen. Code, § 26850.) 36 Firearms Safety Device Requirement All firearms (long guns and handguns) purchased in California must be accompanied with a firearms safety device (FSD) that has passed required safety and functionality tests and is listed on the DOJ's official roster ofDOJ-approved firearms safety devices. The current roster of certified FSDs is available on the Bureau of Firearms website at http://oag.ca.gov/firearms/fsdcertlist. The FSD requirement also can be satisfied if the purchaser signs an affidavit declaring ownership of either a DOJ -approved lock box or a gun safe capable of accommodating the firearm being purchased. Pawn returns and intra- familial transfers are not subject to the FSD requirement. (Pen. Code, §§ 23635-23690.) Roster of Handguns Certified for Sale in California No handgun may be sold by a firearms dealer to the public unless it is of a make and model that has passed required safety and functionality tests and is listed on the DOJ's official roster of handguns certified for sale in California. The current roster of handguns certified for sale in California is available on the Bureau of Firearms website at http://certguns.doj.ca.gov. Private party transfers, intra-familial transfers, and pawn/consignment returns are exempt from this requirement. (Pen. Code, § 32000.) One-Handgun-per-Thirty-Days Requirement No person shall make an application to purchase more than one handgun within any 30-day period. Exemptions to the one-handgun-per-thirty-days requirement include pawn returns, intra-familial transfers and private party transfers. (Pen. Code, § 27540.) Firearm Sales and Transfer Requirements :> Retail Private , .?:~{tntra-familialf', ,Pawn ,,,,,,,,, Sales Party Tr~sfers J.ransfers &turns :' Proof-of-Residency Requirement (handguns) Yes Yes No Yes Proof-of-Residency Requirement (long guns)* No No No No Firearm Safety Certificate Requirement Yes Yes Yes No Safe Handling Demonstration Requirement Yes Yes No No Firearms Safety Device Requirement Yes Yes No No Roster of Handguns Certified for sale in California Yes No No No One Handgun Per 30 Days Requirement Yes No No No *Federal reqmrements may apply. 37 Persons who move to California with the intention of establishing residency in this state must either report ownership of firearms to the DOJ within 60 days, or sell or transfer the firearm(s) pursuant to California law. (Pen. Code, § 28050.) Persons who want to keep their firearms must submit a New Resident Firearm Ownership Report, along with a $19 fee, to the DOJ. Forms are available at licensed firearms dealers, the Department of Motor Vehicles or on-line at the Bureau of Firearms web site at http://oag.ca.gov/firearms/forms. (Pen. Code, § 27560.) CARRYING A OONCEAI2EE> WEAPON Carrying a Concealed Handgun Without a License on One's Person or in a Vehicle It is illegal for any person to carry a handgun concealed upon his or her person or concealed in a vehicle without a license issued pursuant to Penal Code section 26150. (Pen. Code, § 25400.) A firearm locked in a motor vehicle's trunk or in a locked container carried in the vehicle other than in the utility or glove compartment is not considered concealed within the meaning ofthe Penal Code section 25400; neither is a firearm carried within a locked container directly to or from a motor vehicle for any lawful purpose. (Pen. Code,§ 25610.) The prohibition from carrying a concealed handgun does not apply to licensed hunters or fishermen while engaged in hunting or fishing, or while going to or returning from the hunting expedition. (Pen. Code, § 25640.) Notwithstanding this exception for hunters or fishermen, these individuals may not carry or transport loaded firearms when going to or from the expedition. The unloaded firearms should be transported in the trunk of the vehicle or in a locked container other than the utility or glove compartment. (Pen. Code,§ 25610.) There are also occupational exceptions to the prohibition from carrying a concealed weapon, including authorized employees while engaged in specified activities. (Pen. Code, §§ 25630 & 25640.) Licenses to Carry Concealed Weapons A license to carry a concealed handgun or other firearm may be granted by the sheriff of the county in which the applicant resides, or the chief of the city police department of the city in which the applicant resides. Such licenses are issued only after finding that the applicant is of good moral character, that good cause exists for such a license and the applicant is not prohibited from possessing firearms. (Pen. Code,§ 26150.) Where the population of the county is less than 200,000 persons, the licensing authority may issue a license to carry a pistol, revolver or other firearm capable of being concealed upon the person, loaded and exposed. (Pen. Code,§ 26150.) Unless otherwise restricted, a license is valid throughout the state. 38 FIREARMS ABOARD COMMON CARRIERS , , Federal and state laws generally prohibit a person from carrying any firearm or ammunition aboard any commercial passenger airplane. Similar restrictions may apply to other common carriers such as trains, ships and buses. Persons who need to carry firearms or ammunition on a common carrier should always consult the carrier in advance to determine conditions under which firearms may be transported. FIREARMS IN trHE HOMB, BWSif.JBSS OR Atr trlii!E CAMPSHI"E Unless otherwise unlawful, any person over the age of 18 who is not prohibited from possessing firearms may have a loaded or unloaded firearm at his or her place of residence, temporary residence, campsite or on private property owned or lawfully possessed by the person. Any person engaged in lawful business (including nonprofit organizations) or any officer, employee or agent authorized for lawful purposes connected with the business may have a loaded firearm within the place of business if that person is over 18 years of age and not otherwise prohibited from possessing firearms. (Pen. Code, §§ 25605 & 26035.) NOTE: If a person's place of business, residence, temporary residence, campsite or private property is located within an area where possession of a firearm is prohibited by local or federal laws, such laws would prevail. trHB USB OF LBtrHAL FORIE IN SBLEwDEEBNSE " The question of whether use of lethal force is justified in self-defense cannot be reduced to a simple list of factors. This section is based on the instructions generally given to the jury in a criminal case where self-defense is claimed and illustrates the general rules regarding the use of lethal force in self-defense. Permissible Use of Lethal Force in Defense of Life and Body The killing of one person by another may be justifiable when necessary to resist the attempt to commit a forcible and life-threatening crime, provided that a reasonable person in the same or similar situation would believe that (a) the person killed intended to commit a forcible and life-threatening crime; (b) there was imminent danger of such crime being accomplished; and (c) the person acted under the belief that such force was necessary to save himself or herself or another from death or a forcible and life- threatening crime. Murder, mayhem, rape and robbery are examples of forcible and life- threatening crimes. (Pen. Code, § 197.) Limitations on the Use of Force in Self-Defense The right of self-defense ceases when there is no further danger from an assailant. Thus, where a person attacked under circumstances initially justifying self-defense renders the attacker incapable of inflicting further injuries, the law of self-defense ceases and no further force may be used. Furthermore, a person may only use the amount of force, up to deadly force, as a reasonable person in the same or similar circumstances would believe necessary to prevent imminent injury. It is important to note the use of excessive force to counter an assault may result in civil or criminal penalties. 39 The right of self-defense is not initially available to a person who assaults another. However, if such a person attempts to stop further combat and clearly informs the adversary of his or her desire for peace but the opponent nevertheless continues the fight, the right of self-defense returns and is the same as the right of any other person being assaulted. IZOADED Iii REARMS IN et.JBIZII It is illegal to carry a loaded firearm on one's person or in a vehicle while in any public place, on any public street, or in any place where it is unlawful to discharge a firearm. (Pen. Code, § 25850, subd. (a).) It is illegal for the driver of any motor vehicle, or the owner of any motor vehicle irrespective of whether the owner is occupying the vehicle to knowingly permit any person to carry a loaded firearm into the vehicle in violation of Penal Code section 25850, or Fish and Game Code section 2006. (Pen. Code,§ 26100.) Also, see "Miscellaneous Prohibited Acts" on next page. In order to determine whether a firearm is loaded, peace officers are authorized to examine any firearm carried by anyone on his or her person or in a vehicle while in any public place, on any public street or in any prohibited area of an unincorporated territory. Refusal to allow a peace officer to inspect a firearm pursuant to these provisions is, in itself, grounds for arrest. (Pen. Code,§ 25850, subd. (b).) The prohibition from carrying a loaded firearm in public does not apply to any person while hunting in an area where possession and hunting is otherwise lawful or while practice shooting at target ranges. (Pen. Code, §§ 26005 & 26040.) There are also occupational exceptions to the prohibition from carrying a loadedl firearm in public, including authorized employees while engaged in specified activities. (Pen. Code, §§ 26015 & 26030.) I..:ARGE-IARACII~ MAGAZINES ,, , , It is generally illegal to manufacture, offer for sale, give, lend, buy, or receive any large- capacity magazine or any large-capacity conversion kit that is capable of converting an ammunition feeding device into a large-capacity magazine. (Pen. Code, §§ 32310 & 32311.) FIREARM STORAGE Dt.JRING llU~OHIBI1FION A person who is prohibited from owning or possessing a firearm can transfer his or her firearm(s) to a licensed firearms dealer for storage for the duration of the prohibition, provided the prohibition will end on a date specified in a court order. (Pen. Code, § 29830.) 40 MISCEBI..~NEC>US 12RC>I:IIBI1111EIJ ~C1111S ' ~ Obliteration or Alteration of Firearm Identification It is illegal for any person to obliterate or alter the identification marks placed on any firearm including the make, model, serial number or any distinguishing mark lawfully assigned by the owner or by the DOJ. (Pen. Code, § 23900.) It is illegal for any person to buy, sell or possess a firearm knowing its identification has been obliterated or altered. (Pen. Code, § 23920.) Openly Carrying an Unloaded Handgun It is generally illegal for any person to carry upon his or her person or in a vehicle, an exposed and unloaded handgun while in or on: • A public place or public street in an incorporated city or city and county; or • A public street in a prohibited area of an unincorporated city or city and county. (Pen. Code, § 26350.) Unauthorized Possession of a Firearm on School Grounds It is illegal for any unauthorized person to possess or bring a firearm upon the grounds of, or into, any public school, including the campuses of the University of California, California State University campuses, California community colleges, any private school (kindergarten through 12th grade) or private university or college. (Pen. Code,§ 626.9.) Unauthorized Possession of a Firearm in a Courtroom, the State Capitol, etc. It is illegal for any unauthorized person to bring or possess any firearm within a courtroom, courthouse, court building or at any meeting required to be open to the public. (Pen. Code,§ 17lb.) It is illegal for any unauthorized person to bring or possess a loaded firearm within (including upon the grounds of) the State Capitol, any legislative office, any office of the Governor or other constitutional officer, any Senate or Assembly hearing room, the Governor's Mansion or any other residence of the Governor or the residence of any constitutional officer or any Member of the Legislature. For these purposes, a firearm shall be deemed loaded whenever both the firearm and its unexpended ammunition are in the immediate possession of the same person. (Pen. Code, §§ 17lc, 17ld, & 171e.) Drawing or Exhibiting a Firearm If another person is present, it is illegal for any person, except in self defense, to draw or exhibit a loaded or unloaded firearm in a rude, angry or threatening manner or in any manner use a firearm in a fight or quarrel. (Pen. Code, § 417. ) 41 Threatening Acts with a Firearm on a Public Street or Highway It is illegal for any person to draw or exhibit a loaded or unloaded firearm in a threatening manner against an occupant of a motor vehicle which is on a public street or highway in such a way that would cause a reasonable person apprehension or fear of bodily harm. (Pen. Code,§ 417.3.) Discharge of a Firearm in a Grossly Negligent Manner It is illegal for any person to willfully discharge a firearm in a grossly negligent manner which could result in injury or death to a person. (Pen. Code, § 246.3.) Discharge of a Firearm at an Inhabited/Occupied Dwelling, Building, Vehicle, Aircraft It is illegal for any person to maliciously and willfully discharge a firearm at an inhabited dwelling, house, occupied building, occupied motor vehicle, occupied aircraft, inhabited house car or inhabited camper. (Pen. Code, § 246.) Discharge of a Firearm at an Unoccupied Aircraft, Motor Vehicle, or Uninhabited Building or Dwelling It is illegal for any person to willfully and maliciously discharge a firearm at an unoccupied aircraft. It is illegal for any person to discharge a firearm at an unoccupied motor vehicle, building or dwelling. This does not apply to an abandoned vehide, an unoccupied motor vehicle or uninhabited building or dwelling with permission of the owner and if otherwise lawful. (Pen. Code, § 247.) Discharge of a Firearm from a Motor Vehicle It is illegal for any person to willfully and maliciously discharge a firearm from a motor vehicle. A driver or owner of a vehicle who allows any person to discharge a firearm from the vehicle may be punished by up to three years imprisonment in state prison. (Pen. Code,§ 26100.) Criminal Storage "Criminal storage of firearm of the first degree"-Keeping any loaded firearm within any premises that are under your custody or control and you know or reasonably should know that a child (any person under 18) or a person prohibited from possessing a firearm or deadly weapon pursuant to state or federal law is likely to gain access to the firearm without the permission of the child's parent or legal guardian and the child or prohibited person obtains access to the firearm and thereby causes death or great bodily injury to himself, herself, or any other person. (Pen. Code, § 25100, subd. (a).) "Criminal storage of firearm ofthe second degree"-Keeping any loaded firearm within any premises that are under your custody or control and you know or reasonably should know that a child (any person under 18) or a person prohibited from possessing a firearm or deadly weapon pursuant to state or federal law is likely to gain access to the firearm without the permission of the child's parent or legal guardian and the child or prohibited person obtains access to the firearm and thereby causes injury, other than great bodily 42 injury, to himself, herself, or any other person, or carries the firearm either to a public place or in violation ofPenal Code section 417. (Pen. Code,§ 25100, subd. (b).) "Criminal Storage of firearm ofthe third degree"-Keeping any loaded firearm within any premises that are under your custody or control and negligently storing or leaving a loaded firearm in a location where you know or reasonably should know that a child (any person under 18) is likely to gain access to the firearm without the permission of the child's parent or legal guardian, unless you have taken reasonable action to secure the firearm against access by the child. (Pen. Code, § 25100, subd. (c).) None of the criminal storage offenses (first degree, second degree, third degree) shall apply whenever the firearm is kept in a locked container or locked with a locking device that has rendered the firearm inoperable. (Pen. Code, § 25105 .) Sales, Transfers and Loans of Firearms to Minors Generally, it is illegal to sell, loan or transfer any long gun to a person under 18 years of age, or to sell a handgun to a person under 21 years of age. (Pen. Code, § 27505.) Possession of a Handgun or Live Ammunition by Minors It is unlawful for a minor to possess a handgun or live ammunition unless one ofthe following circumstances exists: • The minor is accompanied by his or her parent or legal guardian and the minor is actively engaged in a lawful recreational sporting, ranching or hunting activity, or a motion picture, television or other entertainment event; • The minor is accompanied by a responsible adult and has prior written consentofhis or her parent or legal guardian and is involved in one of the activities cited above; or • The minor is at least 16 years of age, has prior written consent of his or her parent or legal guardian, and the minor is involved in one of the activities cited above. (Pen. Code, §§ 2961 0-29655.) F:!ERSONS INE!IGIBEE 10 F:!OSSESS EIRBitRMS The following persons are prohibited from possessing firearms (Pen. Code, §§ 29800-29825, 29900; Welf. & Inst. Code,§§ 8100, 8103.): Lifetime Prohibitions • Any person convicted of any felony or any offense enumerated in Penal Code section 29905. • Any person convicted of an offense enumerated in Penal Code section 23515. • Any person with two or more convictions for violating Penal Code section 43 417, subdivision (a)(2). • Any person adjudicated to be a mentally disordered sex offender. (Welf. & Inst. Code,§ 8103, subd. (a)(l).) • Any person found by a court to be mentally incompetent to stand trial or not guilty by reason of insanity of any crime, unless the court has made a finding of restoration of competence or sanity. (Welf. & Inst. Code, § 8103, subd. (b)(l), (c)(l), & (d)(l).) 10-Year Prohibitions • Any person convicted of a misdemeanor violation of the following: Penal Code sections 71, 76, 136.5, 140, 148 (d), 17lb, 171c, 171d, 186.28, 240, 241, 242,243, 244.5, 245, 245.5, 246, 246.3, 247, 273.5, 273.6, 417, 417.1, 417.2, 417.6, 422, 626.9, 646.9, 830.95(a), 17500, 17510(a), 25300, 25800, 27510, 27590(c), 30315, or 32625, and Welfare and Institutions Code sections 871.5, 1001.5, 8100, 8101, or 8103. 5-Year Prohibitions • Any person taken into custody as a danger to self or others, assessed, and admitted to a mental health facility under Welfare and Institutions Code sections 515 0, 5151, 5152; or certified under Welfare and Institutions Code sections 5250, 5260, 5270.15. Juvenile Prohibitions • Juveniles adjudged wards of the juvenile court are prohibited until they reach age 30 if they committed an offense listed in Welfare and Institutions Code section 707, subdivision (b). Miscellaneous Prohibitions • Any person denied firearm possession as a condition of probation pursuant to Penal Code section 29900, subdivision (c). • Any person charged with a felony offense, pending resolution of the matter. (18 U.S.C. § 922(g).) • Any person while he or she is either a voluntary patient in a mental health facility or under a gravely disabled conservatorship (due to a mental disorder or impairment by chronic alcoholism) and if he or she is found to be a danger to self or others. (Welf. & Inst. Code,§ 8103, subd. (e).) • Any person addicted to the use of narcotics. (Pen. Code, § 29800, subd. (a).) • Any person who communicates a threat (against any reasonably identifiable victim) to a licensed psychotherapist which is subsequently reported to law enforcement, is prohibited for five years. (Welf. & Inst. Code, § 8104, sub d. (c).) • Any person who is subject to a protective order as defined in Family Code section 6218, Penal Code section 136.2, or a temporary restraining order issued pursuant to Code of Civil Procedure sections 527.6 or 527.8. 44 1. It is illegal for a person convicted of any felony offense to possess a firearm. (page 4 3) True False 2. To legally give a firearm to your best friend as a birthday gift, you must complete the transfer of the firearm through a licensed firearms dealer. (page 35) True False 3. It is illegal to lend a firearm to a minor without the permission of the minor's parent or legal guardian. (page 4 3) True False CHAPTERs: Self Test 4. Generally, a person may legally have a loaded firearm, if otherwise lawful, at his or her campsite. (page 39) True False 5. It is illegal to buy, sell or possess a firearm knowing its identification marks have been erased or altered. (page 41) True False an11 :s 'anJl :p 'an11 :s 'anJl :z; 'an11 : ~ :sJaMSU"if 45 Safe Handling Demonstration Glossary Action: A series of moving parts that allow a firearm to be loaded, fired and unloaded. Barrel: The metal tube through which a bullet passes on its way to a target. Breech: The part of a firearm at the rear of the barrel. Bullet: The projectile located at the tip of the cartridge case. Caliber: The bullet or barrel diameter. Cartridge: A single unit of ammunition made up of the case, primer, propellant and bullet. Cartridge Case: A container for all other components which comprise a cartridge. Chamber: The rear part of a gun barrel where the cartridge is located when the gun is loaded. Cylinder: The part of a revolver that holds ammunition in individual chambers. Cylinder Latch: A latch on double- action revolvers that allows the cylinder to swing out. Double-Action: A type of firearm action in which a single pull of the trigger both cocks the hammer and releases it. Dummy Round: A bright orange, red or other readily identifiable dummy round or an inert cartridge without powder and primer. Ejector Rod: The part used to remove cartridges from the cylinder. Grip: The handle of the firearm. Hammer: The part of the firing mechanism which strikes the firing pin or primer. 46 Jam: A malfunction that prevents a firearm from firing properly. Magazine: A separate box-like metal container for semi-automatic pistols into which cartridges are loaded. Magazine Release: A device that releases the magazine so that it can be removed from the firearm. Magazine Well: The opening in a firearm into which a magazine is inserted. Muzzle: The front end of the barrel from which a bullet exits. Revolver: A firearm that has a rotating cylinder containing a number of chambers. Round: See cartridge. Safety: A device on a firearm intended to help provide protection against accidental discharge under normal usage when properly engaged .. Semiautomatic pistol: A firearm that fires a single cartridge each time the trigger is pulled, and which automatically extracts and ejects the empty cartridge case and reloads the chamber. Single-action: A type of firearm action in which pulling the trigger causes the hammer to release. Trigger Guard: Located on the underside of the gun, the trigger guard is a rigid loop which particularly surrounds the trigger to prevent damage or accidental discharge. If you have any comments or suggestions regarding this publication, please send them to: Department of Justice Bureau of Firearms I FSC Unit P.O. Box 160367 Sacramento, CA 95816-0367 or via our website at http://oag.ca.gov/firearms Printed on recycled paper Lead and Indoor Shooting Ranges Facts: Sources of lead at the indoor shooting range: • Unjacketed lead bullets • Primer compound (50% lead containing compounds) • Fragmentation of the bullet against the target, ricochet, impacting other spent bullets in the bullet trap. Lead dust can be further dispersed and distributed by: • Improperly maintained or poorly designed ventilation/exhaust system • Dry sweeping • Sorting/handling spent brass casings • Cleaning firearms • Secondary contamination (Handling equipment on the range) • Failing to wash hands and face with warm soapy water prior to leaving the range. OSHA developed the following to help prevent illness and injury in the workplace. {OSHA) 29 CFR 1910.1025 This standard seeks to minimize hazardous lead exposures in the workplace through record keeping, engineering controls, administrative controls, surveillance, and personal protective equipment (PPE). Because of the well documented physical and neurological effects of lead both via inhalation and ingestion, lead is an OSHA regulated substance. As such, any identified sources of lead in the workplace must be accompanied by documentation of exposure risks. OSHA Permissible Exposure Limits (PELs) are based on eight hour time weighted averages or TWAs. • OSHA PEL for lead 50ug/m3 TWA • OSHA Action limit for lead 30ug/m3 TWA The action limit is the concentration at which OSHA requires an active program to address lead exposures in the workplace. It is not uncommon to find airborne lead levels in poorly ventilated ranges, these numbers can exceed OSHA standards by over 50 times the standard (>2,500 ug/m3). It is recommended to make sure the ventilation/exhaust system is always functioning properly. Change pre-filters and HEPA filters regularly. Never use the range without the ventilation system in operation. During any cleaning activities on the range, it is recommended to have any range staff or shooters to be equipped with a NIOSH approved P-100 HEPA filter respirator. Additional Personal Protective Equipment (PPE) is also recommended this includes, TYVEK coveralls, latex gloves, shoe covers (booties). Measures to prevent lead contamination in the workplace: • Avoid using metal targets • Implement a routine cleaning schedule (daily, weekly, monthly) frequency will be dependent upon usage of the range. • Never dry sweep in the range (Recommended to remove all brooms from range) • When cleaning counters and any other hard surface always use a damp rag with cleaning solution • HEPA vacuum floors, range equipment, horizontal and vertical services when conducting routine cleaning • Mop floors using cleaning agents, changing the mop head every 500 square feet to prevent swirling lead dust to uncontaminated areas. Filter all waste water in a 10 micron water filtration system prior to disposal in the waste stream. Also NEVER dispose of filtered waste water in the storm drain. • Use a floor scrubber (if available) Filter all waste water in a 10 micron water filtration system prior to disposal in the waste stream. Also NEVER dispose of filtered waste water in the storm drain. • Place all mop heads, PPE, and any other used contaminated cleaning supplies in a sealed DOT approved drum with a Hazardous waste label properly filled out with applicable information. • Never sweep brass off the range floor, use a squeegee or similar to recover spent brass casings. • Install sticky mats at all entry/exit areas of the range to prevent the spread of any lead dust that may be present on the range floor. • Smoking, drinking and eating in or around the range area should be prohibited at all times. Place signs at all points of entry titled "Lead work area, Smoking, Eating, and Drinking Prohibited. • Prior to the completion of all range activities wash hands and face with warm soapy water. In dosing it is essential for all those who enter the range and work in the range to maintain at all times the safe practices listed above. It is everyones responsibility to make sure that all safe practices are implemented and are always used to prevent injury and illness. For further information regarding lead and the health effects please feel free to contact Jose Torres Jr. at (661) 510-5894 or E-mail tmcrangesjr@yahoo.com. Shooting Range Requirements and Recommendations Requirements: 1. EPA Identification Number. 2. Sealed hazardous material waste drums (55 Gallon Steel), properly labeled and stored. 3. Hazardous waste transportation and manifesting. 4. Record keeping files for quick reference (Service records, Hazmat manifests, Certificates of recyclability). 5. Proper disposal of ventilation filters and cleaning materials. 6. Routine maintenance procedures (Daily, Weekly, Monthly), to reduce possible lead hazards at facility. 7. Proper signage posted throughout shooting range facility. 8. Washrooms with hot water and soap for shooters after training exercises have been completed. 9. Avoid use of compressed air to clean weapons, using compressed air will disperse lead contaminants to cleaning room and surrounding areas. 10. Use squeegees in place of brooms to police spent brass to reduce the amount of potential lead dispersed in the range. 11. Always use wet cleaning methods while conducting any and all clean up. 12. Use ofHEPA vacuum should be implemented while cleaning range and surrounding areas during routine cleaning procedures. Recommendations: 1. Use of sticky mats at all points of entry/exit to range. 2. Floor scrubber, HEPA vacuum, and water filtration system to dispose of waste water into the sanitary sewer. 3. Lysol or similar wet disinfecting wipes to clean hard surfaces. 4. Tyvek coveralls or a change of clothes for all maintenance personnel. 5. Remove carpeting in shooting range and or surrounding areas. 6. Paint or seal all concrete in and around range area. 7. Service all HV AC filters on a quarterly basis or sooner if needed to reduce possible lead exposure. 8. Use ofP-100 respirators while cleaning range (will require a fit test for user). 9. Limit maintenance/cleaning to trained personnel only. 10. Do not use brooms for any clean up on range, use REP A vacuum or squeegee to clean up debris. 11. Provide 55 Gallon drum for brass casing recycling/storage. If you require further information regarding any of the content listed in this document, please feel free to contact us with any questions or concerns. The contact information is listed below: Jose C. Torres Sr. Cell: (661) 510-3360 Email: tmcranges@yahoo.com Jose C. Torres Jr. Cell: (661) 510-5894 Email: tmcranges_jr@yahoo.com Thank you for considering TMC Shooting Range Specialists for all your shooting range needs! Ccliifomkt Dei=><::t!tment of -r ..... ;:,.. ~~: ........ + ................. p..,. ............ Search HOME Hazardous Waste (Main Page) Generators Transporters Facilities (TSDFs) CUP As Household Hazardous Waste Related Links • 10 Number FAQs • Forms • Laws and Regulations • Look up a HW 10 • Manifests • Annual Verification • US EPA Website • Emergency 10 Numbers RESTOEiNG COMMUNITiES Si\FEGU;\RDING CCf.iifv1UNi"TIFS Hazardous Waste ID Numbers DTSC issues ID numbers to generators, transporters and disposal facilities. This includes EPA 10 numbers, and State ID numbers for non-RCRA hazardou;; waste. Temporary ID numbers are issued to people or businesses who do not typically generate hazardous waste. These ID numbers are valid for 90 days. Permanent ID numbers are issued to people or businesses who routinely generate hazardous wastes. There is no fee to obtain an ID number. HOW DO I OBTAIN A HAZARDOUS WASTE ID NUMBER? If you know which type (Temporary or Permanent) of number you need, click on one of the following buttons. Below these buttons, you will find some additional information on who needs a hazardous waste 10 number. If you do not know which category of number you need, read the rest of this web page for more information .. WHO NEEDS A HAZARDOUS WASTE ID NUMBER? Anyone who generates, transports, offers for transport, treats, stores, or disposes of hazardous waste (All are collectively called "handlers".) generally must have an 10 number, which is used to identify the hazardous waste handler, and to track the hazardous waste from the point of origin to its final disposal (Also known as "From Cradle to Grave".). State ID numbers are owner and site specific. EPA 10 numbers are site specific. The ID number is placed on the manifest for each generator, transporter, and facility that handles the waste. CATEGORIES OF HAZARDOUS WASTE ID NUMBERS Temporary and Permanent 10 numbers are also divided into two categories of ID numbers, called EPA 10 numbers and State ID numbers. The category of 10 number issued is dependent on the classification (RCRA hazardous waste or non-RCRA hazardous waste) and amount of hazardous waste generated/handled. • EPA 10 numbers are issued to handlers of RCRA hazardous wastes. This includes generators of more than 100 kg of RCRA hazardous waste and/or more than one kg of acutely hazardous II waste. ·' • All other handlers of hazardous waste are issued State ID numbers THERE ARE SOME EXEMPTIONS Generators who produce, in each month, less than or eq_ual to 100 kilog~ams of RCRA hazardous waste that is hazardous only due to silver, such as spent photo-processing solutions, do not need an 10 Number. This exemption does not apply if the generator produces any other hazardous waste or is otherwise required to get an 10 Number. If ork round Lead, ke It Home! Did you know that if you work with lead you could be bringing this toxic metal home on your clothes, shoes, skin, hair and hands? Take-home lead can cause lead poisoning in children and other family members. Stop lead from getting into your home and vehicle by always washing, showering, and changing out of your work clothes and work.shoes before leaving work. OSHA has regulations to protect workers from lead exposure in both general industry (1910.1025) and construction (1926.62). Comn1on jobs with lead exposure • Painting • Building renovation • Radiator repair • Bridge work • Shooting range work • Demolition • Battery manufacturing • Metal production • Metal scrap cutting and recycling • Ceramic work • Soldering • Plumbing Lead is dangerous to children and adults: • Lead harms the brain, nervous system, blood, and kidneys. • Low levels of lead in the blood may cause learning and behavioral problems in childr~n under age 6. • Children and pregnant family members living in your house should be tested for lead. Contact your doctor,· health clinic, or local health department. For more information: -----------------, '£)·. U.S. Department of Labor SHX. · · ··· Occupational 6 Safety and Health 18 "' Administration « www.osha.gov I (/) 0 • Adults with levels of lead in their blood above 30 j..lg/dl should be seen by a doctor. • Some harmful effects of lead are permanent. Requirements employers must follow to stop take-home lead exposure: • Test workplace air for lead and blood lead levels in workers. • Tell you if your work involves lead and train you on lead safety. • Control lead dust and fumes in the workplace. • Provide protective work clothing and equipment for workers. , • Give workers a place to wash hands and take a shower. • Provide workers a place to change into clean clothes. Keep work clothes away from street clothes. What you can do to prevent take-home lead exposure: • Wash your hands often and shower at the end of the work shift. • Change out of your work clothes and shoes before going home. • Do not take contaminated work clothing or shoes exposed to lead home. If you must, put them in a plastic bag and wash your work clothes separately. • Tell your doctor that you work with lead. il Remember, keep your family safe and don't bring home lead. For mom information: -SHX Occupational Safety and Health Administration Lead Work Area May damage fertility or the unborn child Causes damage to the central nervous system t at, ri r ®I ®I I IS ,, L· PREVENT LEAD POISONING Don't smokfil, eat, or drink in work area W;:;sh up before breaks a11d be~or~ going home Change out of work clothes and shoes before going home FOR MORE INFORMATION lead in the Workplace Helpline: (866)62'1-1587 (toll-free in California) California Relay Service: 711 • www.cdph.ca.gov/programs/olppp Occupational Lead Poi.c;onlng Prevention Program nent of Public Health • June 2014 WoRKPARTNERs OCClH'ATIONAt H.f:At:rH Sl'fCIAUSTS Home About Us Services Latest News Locations Employer Resources Oceanside (760)681-5222 Vista: (760)571-5910 Monday-Friday: 8am to 6pm Saturday: 9am to 2pm (Oceanside Only) Click llere for AFTER-HOURS CARE Locations Contact WorkP.Jrtners OHS I Locations WorkPartners offers two locations to better serve you: our original location in Oceanside, CA and our brand new facilities in Vista, CA. DRIVING DIRECTIONS: To get driving directions, click on one of our office logos on the map below and then click on the "Get directions" link. Enter your" From" or starting point address and click "Go". Oceanside, CA Work Partners Occupational Health Specialists 2122 S. El Camino Real, Suite 100 Oceanside, CA 92054 Office: (760) 681-5222 Fax: (760) 681-5151 Office Hours: Monday-Friday: Bam to 6pm Saturday: 9am to 2pm Vista, CA WorkPartners Occupational Health Specialists 2365 S. Melrose Drive Vista, CA 92081 Office: (760) 571-5910 Fax:(760) 597-0349 Offlce Hours: Monday-Friday: Bam to 6pm PRETREATMENT ORDINANCE FOR THE ENCINA WASTEWATER AUTHORITY 6200 A VENIDA ENCINAS CARLSBAD, CALIFORNIA 92011 (760) 438-3941 AMENDED FEBRUARY 22, 2012 EFFECTIVE MARCH 14, 2012 TABLE OF CONTENTS Page SECTION 1 GENERAL PROVISIONS AND DEFINITIONS 1.1 GENERAL PROVISIONS ................................................................................. 1 1.2 DEFINITIONS ................................................................................................... 3 SECTION 2 REGULATIONS 2.1 PROHIBITED DISCHARGES .......................................................................... 9 2.2 PROHIBITION ON TRANSPORT WITHOUT EW A PERMISSION ........... 10 2.3 PROHIBITION ON INCREASE OR CHANGE ............................................. 10 2.4 PROHIBITION ON DILUTION ...................................................................... 10 2.5 PROHIBITION ON STORAGE ...................................................................... 10 2.6 PROHIBITION OF BYPASS .......................................................................... 10 2.7 LIMITATIONS ON GROUNDWATER AND SURF ACE RUNOFF ............ 11 2.8 LIMITATIONS ON NON-CONTACT COOLING WATER .......................... l1 2.9 LIMITATIONS ONWASTEHAULERDISCHARGE ................................... 11 2.10 LIMITATIONS ON WASTEWATER DISCHARGE TO RECLAMATION FACILITIES ......................................................... 11 2.11 LIMITATIONS ON THE USE OF GRINDERS ............................................. 11 2.12 LOCAL DISCHARGE LIMITS ....................................................................... 11 2.13 BEST MANAGEMENT PRACTICES ......................................................... 12 2.14 CATEGORICAL STANDARDS ..................................................................... 12 2.15 · STATE REQUIREMENTS .............................................................................. 13 2.16 MASS EMISSION RATES .............................................................................. 13 SECTION 3 DISCHARGE PERMITS, FEES AND DEPOSITS 3.1 PERMIT REQUIRED ...................................................................................... 14 3.2 VIOLATIONS SUBJECT TO ENFORCEMENT ........................................... 14 3.3 NO VESTED RIGHTS .................................................................................... 14 3.4 PROHIBITION OF TRANSFERABILITY ..................................................... 14 3.5 VALIDITY CONDITIONED ON VALID CONNECTION PERMIT ............ 14 3.6 TYPES OF CONTROL MECHANISMS ........................................................ 14 3.7 COMPLIANCE WITH STANDARDS ............................................................ 16 3.8 DISCHARGE PERMIT APPLICATIONS ...................................................... 16 3.9 DISCHARGE PERMIT/NSWD FORM TERMS AND CONDITIONS ......... 18 3.10 DISCHARGE PERMIT DURATION AND RENEWAL, MODIFICATION AND REVOCATION ........................................................ 20 3.11· OUT-OF-AREA DISCHARGES ..................................................................... 21 3.12 FEES AND DEPOSITS ................................................................................... 21 SECTION 4 FACILITIES REQUIREMENTS 4.1 PRETREATMENT FACILITIES .................................................................... 24 4.2 SPILL CONTAINMENT FACILITIES ........................................................... 24 4.3 MONITORING/METERING FACILITIES ..................................................... 24 -1- 4.4 DRAWING SUBMITTAL REQUIREMENTS ............................................... 25 4.5 BEST MANAGEMENT PRACTICES (BMPs) .............................................. 25 4.6 ADDITIONAL PRETREATMENT MEASURES .......................................... 26 SECTION 5 MONITORING, REPORTING, INSPECTION & NOTIFICATION 5.1 SELF-MONITORING ...................................................................................... 28 5.2 WASTEWATER SAMPLE COLLECTION ....................................... 28 5.3 BASELINE MONITORING REPORTS (BMRs) ............................................ 30 5.4 REPORT ON COMPLIANCE WITH CATEGORICAL STANDARD .......... 29 5.5 COMPLIANCE SCHEDULE PROGRESS REPORTS .................................. 29 5.6 SEMIANNUAL COMPLIANCE STATUS REPORTS .................................. 29 5. 7 SLUG CONTROL PLANS .............................................................................. 30 5.8 TOXIC ORGANIC MANAGEMENT PLAN ................................................. 30 5.9 WASTEHAULER DISCHARGE REPORT .................................................... 30 5.10 FALSE STATEMENTS AND CERTIFICATION ....................................... .,. 30 5.11 CONFIDENTIAL INFORMATION ................................................................ 31 5.12 REPORTS FROM UNPERMITTED USERS ................................................. 31 5.13 EWA'S RIGHT TO INSPECT, SAMPLE, AND EWA'S RIGHT OF ENTRY ............................................................................................................. 31 5.14 RECORDKEEPING ......................................................................................... 32 5.15 NOTIFICATIONS ............................................................................................ 32 SECTION 6 ENFORCEMENT 6.1 PURPOSE AND SCOPE ................................................................................. 34 6.2 FINDINGS OF VIOLATION ........................................................................... 34 6.3 ADMINISTRATIVE ENFORCEMENT ACTIONS ....................................... 34 6.4 · ADMINISTRATIVE APPEAL ........................................................................ 37 6.5 EMERGENCY SUSPENSION, REVOCATION OR TERMINATION OF SERVICE. ...................................................................... 40 6.6 EFFECTIVE DATE OF DECISIONS .............................................................. 40 6. 7 PUBLICATION OF SIGNIFICANT NONCOMPLIANCE ........................... .41 6.8 ADMINISTRATIVE COMPLAINT ................................................................ 42 6.9 JUDICIAL REMEDIES ................................................................................... 42 6.10 MISDEMEANOR ............................................................................................ 42 6.11 REMEDIES NOT EXCLUSIVE ...................................................................... 42 6.12 JUDICIAL REVIEW ........................................................................................ 42 -11- SECTION 1 GENERAL PROVISIONS AND DEFINITIONS 1.1 GENERAL PROVISIONS A. PURPOSE AND POLICY This Ordinance sets forth uniform requirements for Discharges into the Encina Sewerage System and enables the Encina Wastewater Authority ("EW A") to comply with all applicable State and federal laws, including the Clean Water Act, 33 U.S.C. Section 1251 et seq., as amended, and regulations promulgated thereunder. The primary objectives of this Ordinance are: 1. To prevent the introduction of Pollutants into the Encina Sewerage System which would interfere with the operation of the components of the Encina Sewerage System or treatment processes or contaminate the resulting Biosolids; 2. To prevent the introduction of Pollutants into the Encina Sewerage System which would pass-through into receiving waters or the atmosphere; 3. To protect and preserve the well-being of the community, and EWA and Member Agency personnel; 4. To promote and protect the ability to reuse, recycle and reclaim Wastewater, Biosolids and Wastewater byproducts; and 5. To provide for collection of the cost of the EWA Pretreatment Program incurred for the regulation of Users of the Encina Sewerage System. This Ordinance provides for the regulation of Discharge to the Encina Sewerage System through the issuance of Discharge Permits to certain non-Domestic Users and through enforcement of general requirements for other non-Domestic Users; authorizes monitoring and enforcement activities; requires User reporting; and provides for the setting of fees, fines, costs and deposits. This Ordinance shall apply to EW A, the Member Agencies and to Persons outside the Member Agencies who are, by contract or agreement with a Member Agency, Users of the Encina Sewerage System. B. AUTHORITY The Clean Water Act, EPA regulations and EWA's NPDES Permit require the implementation of a Pretreatment Program, which may impose the following: limits, conditions and prohibitions on industrial Discharge to the Encina Sewerage System; compliance schedules for the installation of Pretreatment equipment which will enable Users to comply with their Discharge Permits; and/or actions necessary to enforce EWA's authority. Any such limits, -1- conditions, or prohibitions apply to Users that are tributary to the Encina Sewerage System or within areas for which EW A has contracted to provide sewerage services. California Government Code Sections 54725 et seq. allow EWA to (1) require Users to implement Pretreatment of industrial waste in order for EWA to meet state and federal standards and to protect its treatment works or the proper and efficient operation thereof, or the health or safety of its employees or the environment; (2) prevent the entry of industrial waste into the Encina Sewerage System; and (3) collect excess costs to the Encina Sewerage System as a result of allowing Users to Discharge to the Encina Sewerage System. Under the authority of Government Code Section 6509, EWA has established that it shall exercise its powers subject to the restrictions upon the manner of exercising the powers of a county water district pursuant to the County Water District Law (Water Code Sections 30000 et seq.). Water Code Sections 31105-31106 authorize EWA to adopt and enforce ordinances and provide that violation of any ordinance may be a misdemeanor. C. SEVERABILITY If any provision of this Ordinance or the application to any Persons or circumstances is held invalid, the remainder of the Ordinance or the application of such provision to other Persons or other circumstances shall not be affected. D. GENERAL RULES OF INTERPRETATION 1. Any gender includes the other gender. 2. "Shall" is mandatory; "may" is permissive. 3. The singular number includes the plural and the plural the singular. 4. Words used in the present tense include the past and future tense, and vice versa. 5. Words and phrases used in this Ordinance and not specifically defined shall be construed according to the context and approved usage of the language. E. DATE RECEIVED 1. Any report, notice, invoice, order or other written communication which is sent via U.S. Postal Service is deemed received by the User on the third day following the postmark date, and is deemed received by EW A on the date indicated by the EW A date stamp. EW A shall stamp all mail received on the actual date received by EW A at its administrative offices. 2. Any report, notice, invoice, order or other written communication which is not sent via U.S. Postal Service is deemed received on the date actually received by EW A at its administrative offices or by the User at its business office. -2- 1.2 DEFINITIONS The following terms and phrases, as used in this Ordinance, shall have the meanings hereinafter designated: 1. Applicant. Any Person who requests from EW A a Discharge Permit as required by this Ordinance. 2. Authorized Representative. Any Person who is: (a) a principal executive officer of at least the level of vice-president; (b) a general partner or proprietor; or (c) a duly authorized representative of an individual designated above if such representative is responsible for the overall operation of the facilities from which the Discharge originates. 3. Baseline Monitoring Report (BMR). A report that documents a User's compliance status with all applicable Pretreatment Standards. 4. Best Management Practice (BMP). Pollution prevention/waste reduction measures as set forth by EW A in Section 4.5 (B) of this Ordinance or in individual Wastewater Discharge Permits. 5. Best Professional Judgment (BPJ). A determination made after consideration of all reasonably available and pertinent data or information. 6. Biochemical Oxygen Demand (BOD). A measurement of the oxygen utilized during a five day incubation period for the biochemical degradation of organic and inorganic materiaL 7. Biosolids. The non-hazardous and recyclable organic matter resulting from the tre~tment of Wastewater. 8. Brine Line. A sewer line that is wholly or partially dedicated to the transport of Wastewater saturated with salts, but otherwise free of Pollutants, directly to the Encina Ocean Outfall. 9. Bypass. The intentional diversion of wastestreams from any portion of a User's treatment facility. 10. Carbonaceous Biochemical Demand (CBOD). A measurement of the oxygen utilized during a five day incubation period for the biochemical degradation of organic material. 11. Categorical Standard. A standard specifying quantities or concentrations of Pollutant or Pollutant properties which may be Discharged to the Encina Sewerage System by Users in specific industrial subcategories, as set forth in Title 40, C.F.R., Chapter I, Subchapter N. -3- 12. Collection System. The combined pipes, conduits, manholes and other structures, usually underground, which convey Wastewater to the Encina Sewerage System. 13. Connection Permit. A permit issued to a User by a Member Agency authorizing the User to connect to the Encina Sewerage System. 14. Daily Maximum Limit. The maximum allowable Discharge limit of a Pollutant during a calendar day. Where Daily Maximum Limits are expressed in units of mass, the daily Discharge is the total mass discharged over the course of the day. Where Daily Maximum Limits are expressed in terms of a concentration, the daily Discharge is the arithmetic average measurement of the Pollutant concentration derived from all measurements taken that day. 15. Director. EWA's Director, who is responsible for the administration, implementation and enforcement of this Ordinance. 16. Discharge. The introduction of Pollutants into the Encina Sewerage System from any non-Domestic source. 17. Discharge Permit. The permit issued by EWA stipulating the conditions under which a User may Discharge to the Encina Sewerage System. 18. Domestic Wastewater. The liquid and solid waterborne wastes derived from the ordinary living processes of humans of such character as to permit satisfactory disposal, without special Pretreatment, into the public sewer or by means of a private Wastewater disposal system. 19. Encina Service Area. All areas tributary to the Encina Sewerage System. 20. Encina Sewerage System. The sewerage system for the Encina Service Area, owned by the Member Agencies and operated by EW A and the EW A Member Agencies, which includes the Encina Water Pollution Control Facility (EWPCF), the Gafner Water Reclamation Plant (GWRP), the Meadowlark Water Reclamation Facility (MWRF), the Shadowridge Water Reclamation Plant (SWRP), the Carlsbad Water Reclamation Facility (CWRF), the Encina Ocean Outfall and any conveyances that convey Wastewater to the EWPCF, the GWRP, the MWRF, the SWRP, the CWRF and/or the Encina Ocean Outfall. For the purposes of this Ordinance, this definition also shall include any conveyances that convey Wastewater to the Encina Sewerage System by contract or agreement with a Member Agency. Such conveyances may be owned or operated by a Member Agency or by other public agencies. 21. Encina Water Pollution Control Facility (EWPCF) Service Area. All areas in the Encina Service Area that are not also within the Vallecitos Water District service area. -4- 22. Environmental Protection Agency (EPA). The federal agency charged by law with carrying out and obtaining compliance with the Clean Water Act and other federal environmental laws and promulgating, interpreting and enforcing regulations implementing such statutes. 23. General Manager. The Person designated by EWA to manage the EWPCF. 24. Groundwater. Water beneath the surface of the ground, whether or not flowing through known and definite channels. 25. Instantaneous Limit. The maximum concentration of a Pollutant allowed to be Discharged at any time, determined from the analysis of any discrete or composited sample collected, independent of the industrial flow rate and the duration of the sampling event. 26. Interference. A Discharge that, alone or in conjunction with a Discharge or Discharges from other sources, both: (a) inhibits or disrupts the Encina Sewerage System, its treatment processes or operations or its Biosolids processes, including either the use, reuse or disposal of Biosolids, Wastewater treatment byproducts or reclaimed water; and (b) therefore is a cause of a violation of any requirement of the NPDES Permit (including an increase in the magnitude or duration of a violation) or of the prevention of Biosolids use or disposal in compliance with the following statutory provisions and ordinance or permits issued hereuncj.er (or more stringent State or local regulations): Section 405 of the Clean Water Act, the Solid Waste Disposal Act (SWDA) [including Title II, more commonly referred to as the Resource Conservation and Recovery Act (RCRA), and including State regulations contained in any state sludge management plan prepared pursuant to SubtitleD of the SWDA], the Clean Air Act, the Toxic Substances Control Act, and the Marine Protection, Research and Sanctuaries Act. 27. Local Discharge Limits. Those limitations developed by EWA to implement any general or specific prohibitions, set forth in 40 C.F.R. Section 403.5(a)-(b), or to satisfy any other discharge requirement imposed upon EW A by the EPA, the State or a local agency, as set forth in Section 2.12. 28. Mass Emission Rate. The weight of material Discharged to the Encina Sewerage System during a given time interval. Unless otherwise specified, the mass emission rate shall mean pounds per day of a particular constituent or combination of constituents. 29. Meadowlark Water Reclamation Facility (MWRF) Service Area. All areas in the Encina Service Area that are also within the Vallecitos Water District service area. -5- 30. Member Agency. Any of the local agencies that are members ofEWA, including the Cities of Carlsbad, Vista and Encinitas, the Vallecitos Water District, the Leucadia Wastewater District and the Buena Sanitation District. 31. National Pollutant Discharge Elimination System (NPDES) Permit. The permits issued to or administered by EW A pursuant to Section 402 of the Clean Water Act (33 U.S.C. § 1342). 32. New Source. A source of Discharge to the Encina Sewerage System meeting the requirements set forth in 40 C.F.R. Section 403.3(m). 33. Non-Contact Cooling Water. Water used for cooling purposes that does not come into direct contact with any source of Pollutants. 34. Non-Significant Categorical Industrial User (NSCIU). Any User that: never Discharges more than 100 gallons per day of Wastewater subject to Categorical Standards; never Discharges untreated concentrated wastes; and has demonstrated that its Discharge complies with all applicable Pretreatment Standards and Pretreatment Requirements as determined by EW A. 35. Non-Significant Industrial User (NSIU). Any User not subject to Section 3.6 A, B, C, or D of this Ordinance that, with the application of appropriate BMPs, has no reasonable potential to adversely impact the Encina Sewerage System or to violate any Pretreatment Standards or Pretreatment Requirements as determined byEWA. 36. Non-Significant Wastewater Discharge (NSWD) Form. An authorization to Discharge issued in lieu of a permit to any User that is determined by EWA to be anNSIU. 37. Officer. A Person employed by EWA as the Source Control Manager and who reports to the Director. 38. Oil and Grease. Any material recovered when extracted as set forth in EPA Method Number 1664A or other comparable EPA approved methods found in 40 CFR Part 136. 39. Pass-through. A Discharge which exits any portion of the Encina Sewerage System in concentrations which, alone or in conjunction with a Discharge or Discharges from other sources, results in a violation of any requirement of a NPDES Permit or waste discharge requirement of the State, including an increase in the magnitude or duration of a violation. 40. Permittee. A Person who has a Discharge Permit. 41. Person. An individual, partnership, copartnership, firm, company, corporation, association, joint stock company, trust, estate, any federal, State or local -6- governmental entity or any other legal entity or their legal representatives or agents. 42. Pollutant. Any substance which causes an impairment (reduction) of water quality to a degree that may have an adverse effect on any beneficial use of the water including, but not limited to, a dredged spoil, solid waste, incinerator residue, sewage, garbage, munitions, chemical wastes, biological materials, radioactive materials, heat, wrecked or discarded equipment, rock, sand, cellar dirt, industrial, municipal and agricultural waste and certain characteristics of Wastewater (e.g., pH, temperature, TSS, turbidity, color, BOD, CBOD, toxicity or odor). 43. Pretreatment. The reduction of the amount of Pollutants, the: elimination of Pollutants or the alteration of the nature of Pollutant properties in Wastewater prior to or in lieu of Discharging or otherwise introducing such Pollutants to the Encina Sewerage System. The reduction or alteration can be obtained by physical, chemical or biological processes, or process changes by other means except as prohibited by 40 C.P.R. Section 403.6(d). 44. Pretreatment Equipment. One or more treatment devices designed to remove Pollutants from Wastewater in order to allow a User to comply with this Ordinance or a Discharge Permit. 45. Pretreatment Requirements. Any substantive or procedural requirement, other than Pretreatment Standards, imposed upon a User by this Ordinance. 46. Pretreatment Standards. Prohibited Discharges, Local Discharge Limits, Categorical Standards, BMPs and other limitations and prohibitions set forth in Section 2 of this Ordinance. 47. Process Wastewater. Any Wastewater contaminated by human activities including, but not limited to, that originating from manufacturing, agriculture, processing, rinsing, washing or producing. 48. Septage. Any Domestic Wastewater from holding tanks such as vessels, chemical toilets, campers, trailers and septic tanks. 49. Significant Industrial User (SIU). Any User that has received or is required to obtain a Class I or IT Discharge Permit. 50. Slug Discharge. Any Discharge, including, but not limited to, accidental and non-routine Discharges, performed in a manner or at a concentration that could cause a violation of any Pretreatment Standard. 51. Surface Runoff. Stormwater, urban runoff and other forms of runoff. -7- 52. Total Suspended Solids (TSS). The residue retained on a standard glass-fiber filter after drying to a constant weight at 103 to 105 degrees Centigrade, as set forth in Method Number 2540 D of the current approved edition of the Standard Methods for the Examination of Water and Wastewater or other comparable EPA approved methods found in 40 CFR Part 136. 53. Total Toxic Organics {TTO). The summation of all quantifiable values greater than 0.01 milligrams per liter for the organics regulated by the EPA for a specific industrial category or by EW A. 54. User. A source of indirect Discharge or a non-Domestic entity with a process onsite subject to Categorical Standards, whether or not such process generates a Discharge. 55. Waste Manifest. The receipt which is retained by a generator of hazardous wastes for wastes to be transported to a disposal site, in the form required by the State and/or the federal government pursuant to the Resource Conservation and Recovery Act or the California Hazardous Materials Act, or that receipt which is retained by the generator for recyclable wastes or liquid non-hazardous wastes as required by EW A. 56. Wastehauler. Any Person carrying on or engaging in vehicular transport of Septage as part of, or incidental to, any business for the purpose of Discharging the Septage into the Encina Sewerage System. 57. Wastewater. Any aqueous based waste generated by a Domestic, commercial and/or industrial facility. 58. Wastewater Constituents and Characteristics. The individual chemical, physical, bacteriological, radiological, volume, flow rate and such other parameters that serve to define, classify or measure the quality and quantity of Wastewater. -8- 2.1 PROHIBITED DISCHARGES SECTION2 REGULATIONS A. No Person shall Discharge a quantity or quality of Wastewater to the Encina Sewerage System which causes, or is capable of causing, either alone or by interaction with other substances, Pass-through or Interference. B. No Person shall Discharge into the Encina Sewerage System any of the following: 1. Pollutants which create a hazard of fire or explosion in the Encina Sewerage System including, but not limited to, wastestreams with a closed cup flashpoint of less than 140° F (60° C) using the test methods specified in 40 C.F.R. Section 261.21; 2. Pollutants which will cause corrosive structural damage to any component of the Encina Sewerage System, but in no case Discharges with a pH lower than 5.5; 3. Solid or viscous Pollutants in amounts which will cause obstruction of the flow in the Encina Sewerage System resulting in Interference or damage to the Encina Sewerage System; 4. Wastewater having a temperature that will inhibit biological activity in the treatment process resulting in Interference, but in no case Wastewater that causes the temperature at any component of the Encina Sewerage System to exceed 40° C (104° F); 5. Pollutants which cause danger to life, health or safety of any Person, or cause damage to the environment; 6. ·Pollutants, including oxygen-demanding Pollutants such as BOD, released in a Discharge at a flow rate and/or concentration which, either singly or by interaction with other Pollutants, cause Interference or Pass-through; 7. Petroleum oil, nonbiodegradable cutting oil or products of mineral oil origin in amounts that will cause Interference or Pass-through; 8. . Pollutants which result in the presence of toxic gases, vapors or fumes within the Encina Sewerage System in a quality or quantity that may cause health and safety problems; 9. Pollutants or Wastewater that would cause violation of any permit, statute, rule, regulation or ordinance of any public agency or regulatory agency having jurisdiction over the Discharge of Wastewater to or from the Encina Sewerage System; 10. Wastewater or any substance that is defined as a hazardous or radioactive waste by any regulatory agency; -9- 11. Pollutants delivered by vehicular transport, rail car or dedicated pipeline, except on a case-by-case basis, at discharge points designated by EW A and in accordance with a valid Special Use Discharge Permit; 12. Sludge generated by the Pretreatment of Wastewater; 13. Pollutants that cause Wastewater, Biosolids, or Wastewater byproducts to be unsuitable for beneficial reuse or reclamation; 14. Wastewater which imparts color which cannot be removed by the treatment process, such as, but not limited to, dye wastes and vegetable tanning solutions, which consequently imparts color to the treatment plant's effluent, thereby violating EWA's NPDES permit; and 15. Detergents, surface-active agents, or other substances which may cause excessive foaming. 2.2 PROHIBITION ON TRANSPORT WITHOUT EWA PERMISSION No Person shall transport waste from one location or facility to another for the purpose of treating or Discharging it directly or indirectly to a publicly owned sewer within the Encina Sewerage System without written permission from EW A. 2.3 PROHIBITION ON INCREASE OR CHANGE No User shall increase flow, Pollutants or change the Wastewater Constituents and Characteristics where such increase or change does not meet the Pretreatment Standards and Pretreatment Requirements or where such contribution would cause EWA to violate a NPDES Permit or any State discharge limitation or requirement. 2.4 PROHIBITION ON DILUTION No User shall increase the use of water or in any other manner attempt to dilute a Discharge as a partial or complete substitute for Pretreatment to achieve compliance with this Ordinance and/or the User's Discharge Permit. 2.5 PROHIBITION ON STORAGE Pollutants, substances or Wastewater whose Discharge to the Encina Sewerage System is prohibited by this Ordinance shall not be processed or stored in such a manner that they could be accidentally Discharged to the Encina Sewerage System. 2.6 PROHIBITION OF BYPASS Bypass of Wastewater to the Encina Sewerage System is prohibited, unless: A. Bypass is unavoidable to prevent loss of life, personal injury or severe property damage; -10- B. There are no feasible alternatives to the Bypass, such as the use of auxiliary treatment facilities, retention of untreated wastes or maintenance during normal periods of equipment downtime. This condition is not satisfied if adequate backup equipment should have been installed in the exercise of reasonable engineering judgment to prevent a Bypass which occurred during normal periods of equipment downtime or preventive maintenance; and C. The User submitted notices as required by Section 5.15(B) of this Ordinance. 2.7 LIMITATIONS ON GROUNDWATER AND SURF ACE RUNOFF Groundwater or Surface Runoff shall not be Discharged to the Encina Sewerage System except under the authority of a Special Use Discharge Permit, which is subject to Pretreatment Standards and Pretreatment Requirements. 2.8 LIMITATIONS ON NON-CONTACT COOLING WATER No Person shall Discharge greater than 1000 gallons per day of Non-Contact Cooling Water to the Encina Sewerage System. 2.9 LIMITATIONS ON WASTEHAULER DISCHARGE No Person shall Discharge Septage unless EWA has issued such Person a Special Use Discharge Permit which is subject to Pretreatment Standards and Pretreatment Requirements. 2.10 LIMITATIONS ON WASTEWATER DISCHARGE TO RECLAMATION FACILITIES No Person shall Discharge a quantity or quality of Wastewater that causes, or is capable of causing, either alone or by interaction with other substances: (1) a violation of the Waste Discharge Requirements of any reclamation facility within the Encina Sewerage System; or (2) any applicable water quality objective of the Comprehensive Water Quality Control Plan Report, San Diego Basin (9) (Basin Plan) to be exceeded, unless by separate agreement of that Person with the affected reclaiming Member Agency(s). 2.11 LIMITATIONS ON THE USE OF GRINDERS Waste from industrial or commercial grinders shall not be Discharged except as allowed in a User's Discharge Permit. Such grinders must shred the waste to a particle size of 0.5 inches or less. 2.12 LOCAL DISCHARGE LIMITS In addition to any other prohibition or limitation prescribed by this Ordinance, no Person shall Discharge Wastewater in excess of the Mass Emission Rates, concentration limits or other limits set forth in Table 1 below. -11- Table 1 LOCAL DISCHARGE LIMITS ~~j~,Y~~;:''f,~ii.:i.z ;}'•.·,,:·,.• ,. !· .. ;,,··,···.'·· ''•.·.··· Daily Ma~iinum Limits ' ';c% • '• .·.·· < '· · .. ,·~'',{'\ ' .. ·· .. ·.,·. ( .. . .. '• '·. . ·.,. . . ·' : . ,., / .. . Constituent Limits for Users in Limits for Users in MWRF Service Area EWPCF Service Area Arsenic, Total 1.5 mg/L 1.5 mg/L Boron, Total 7.4 mg/L - Cadmium, Total 0.77 mg/L 0.77 mg/L Chromium, Total 3.5 mg/L 3.5 mg/L Copper, Total 11 mg/L 11 mg/L Iron, Total 67 mg/L - Lead, Total 5.1 mg/L 5.1 mg!L Manganese, Total 1.7 mg/ L - Mercury, Total 0.27 mg/L 0.27 mg/L Molybdenum, Total 4.1 mg/L 4.1 mg/L Nickel, Total 15 mg/L 15 mg/L Selenium, Total · 2.5 mg/L 2.5 mg!L Silver, Total 4.2 mg/L 4.2mg!L Zinc, Total 29 mg/L 29 mg/L Oil and Grease 400 mg/L 400 mg/L Total Toxic Organics (TTO) 2.00 mg/L 2.00 mg/L Biochemical Oxygen Demand (BOD) 250 mg/L* 500 lbs/day Total Suspended Solids (TSS) 250 mg/L 500 lbs/day . ?!;' ! ! ! ','>; / ' .·. 'Instantaneous :Limits·.··. ·. I •• •• ·'·; • ' ... ·, ·. . ... · ..... ,. . . Constituent Limit Limit pH 5.5-12.0 units 5.5-12.0 units Temperature 140° Fahrenheit 140° Fahrenheit *Permittees in the MWRF Service Area as of February 22, 2012 are grandfathered in at their existing pollutant loading for BOD. 2.13 BEST MANAGEMENT PRACTICES . .. EW A may develop BMPs by ordinance or in individual Wastewater Discharge Permits to implement Local Limits and the requirements of Section 2.1. -12- 2.14 CATEGORICAL STANDARDS A. In accordance with 40 C.F.R. Section 403.6(b), no Person shall Discharge any Wastewater violating any Categorical Standard. B. Upon the EPA's promulgation or revision of a Categorical Standard for a particular industrial subcategory, the new or revised Categorical Standard, if more stringent than limitations imposed under this Ordinance or a Discharge Permit for sources in that subcategory, shall immediately supersede the limitations imposed under this Ordinance or a Discharge Permit. C. Where a Categorical Standard is expressed only in terms of either the mass or the concentration of a Pollutant in Wastewater, EWA may impose equivalent concentration or mass limits in accordance with 40 C.F.R. Section 403.6(c). D. Where a Categorical Standard is expressed only in terms ofthe mass of Pollutant per unit of production, EW A may convert the Categorical Standard limits to equivalent limitations expressed either as mass of Pollutant Discharged per day or effluent concentration for purposes of calculating effluent limitations applicable to individual Users. E. When Wastewater subject to a Categorical Standard is mixed with Wastewater not subject to the same standard, EW A shall impose an alternate limit in accordance with EPA guidance. 2.15 STATE REQUIREMENTS State requirements and limitations on Discharges shall apply in any case where they are more stringent than federal requirements and limitations or those in this Ordinance. 2.16 MASS EMISSION RATES A. EW A may establish a Mass Emission Rate for any Wastewater Constituent. Compliance with a Mass Emission Rate shall be determined by the User's average daily Wastewater Discharge, the most recent representative concentration data, or other data acceptable to EW A, and shall be calculated according to the following formula: (concentration in mg/L) x (flow in MGD) x (Conversion Factor of 8.34) =Pounds per day. B. To verify a User's operating data, EWA may require a User to submit an inventory of all Wastewater streams and/or records. -13- SECTION3 DISCHARGE PERMITS, FEES AND DEPOSITS 3.1 PERMIT REQUIRED Any User proposing to Discharge into the Encina Sewerage System must apply for and obtain a Discharge Permit or NSWD Form from EW A, prior to Discharge. 3.2 VIOLATIONS SUBJECT TO ENFORCEMENT Any violation of the terms and/or conditions of a Discharge Permit or NSWD Form is a violation of this Ordinance and subjects the Permittee to the fines and/or actions set forth in Section 6 of this Ordinance. 3.3 NO VESTED RIGHTS No Discharge of Wastewater into the Encina Sewerage System, whether or not the Discharge is made pursuant to a Discharge Permit or NSWD Form, shall create a vested right to continue the Discharge. All Discharges are privileges, not rights. 3.4 PROHIBITION OF TRANSFERABILITY Any Discharge Permit or NSWD Form issued under this Ordinance is valid only for the specific User, for the specific operation at the specific location identified in the Discharge Permit or NSWD Form, and may not be transferred, sold or hypothecated, or applied or transferred to the Permittee's operation at a different location. If the Permittee's business is sold or transferred, the successor owner shall submit an application for a new Discharge Permit or NSWD Form prior to any Discharge. For purposes of this Ordinance, sale or transfer shall mean: the change of more than 25% or the ownership or equity interest in Permittee (whether in a single transaction or in a series of transactions); or the merger, reorganization or consolidation of Permittee with another entity with respect to which Permittee is not the surviving entity. 3.5 VALIDITY CONDITIONED ON VALID CONNECTION PERMIT No Class I, II or III Discharge Permit, or NSWD Form is valid for a User that does not hold a valid Connection Permit issued by a Member Agency. 3.6 TYPES OF CONTROL MECHANISMS A. CLASS I PERMIT Any User that is subject to any Categorical Standard(s) shall obtain a Class I Discharge Permit unless designated as a Non-Significant Categorical Industrial User (NSCIU) by EWA. -14- B. CLASS II PERMIT Any User that is not subject to paragraph A above, but meets one of the following conditions shall obtain a Class II Discharge Permit: 1. Any User that Discharges 25,000 gallons per day (gpd) or more of Process Wastewater to the Encina Sewerage System; 2. Any User that contributes more than 5% of the average dry weather flow to the Encina Sewerage System; or 3. Any User that Discharges Wastewater which may cause Pass-through or Interference, as determined by EW A. C. CLASS III PERMIT Any User that is not subject to paragraphs A or B above, but meets one of the following conditions shall obtain a Class III Discharge Permit: 1. Any User that may be subject to Categorical Standards, but either does not Discharge any regulated Wastewater or is a stand-alone research and development facility; 2. Any User designated as a NSCIU by EWA; or 3. Any User determined by EWA to have a reasonable potential to adversely impact the Encina Sewerage System or to violate any Pretreatment Standard or Requirement. D. SPECIAL USE PERMIT Any User that Discharges Groundwater, Surface Runoff, or Septage or Discharges to a Brine Line is required to obtain a Special Use Discharge Permit (SUP). 1. A SUP may be granted when no alternative method of disposal is reasonably available, and the Discharge is necessary to mitigate an environmental risk or health hazard or to protect the beneficial reuse of Wastewater byproducts. 2. A SUP may only be granted if EW A determines that the following conditions are met: (a) The Applicant and/or the Wastewater source are within the Encina Service Area and/or within the jurisdiction of anEW A Member Agency; (b) EW A and the Member Agency have adequate treatment capacity to accept the proposed flow; (c) The technology and equipment used provide adequate assurance that there will be no adverse impacts on the Encina Sewerage System, its employees, its Users or reuse of Wastewater or Wastewater byproducts; and -15- (d) The Applicant has adequate resources and/or insurance to fully indemnify the EW A and the Member Agencies from any and all claims and/or damages arising out of or in connection with the proposed Discharge. E. NSWDFORM Any User that is determined by EWA to be an NSIU, based on a review of the User's Discharge Permit application, compliance data, and/or a facility inspection, shall be issued a NSWD Form. EWA may review a Permittee's compliance data at any time or upon the Permittee's written request in order to determine whether the Permittee is a NSIU. 3.7 COMPLIANCE WITH STANDARDS All Users holding Class I, IT and ill Discharge Permits, Special Use Discharge Permits and NSWD Forms shall comply with the Pretreatment Standards and Pretreatment Requirements and any other requirements of this Ordinance, including any fees, fines, costs, or deposits established by EW A. 3.8 DISCHARGE PERMIT APPLICATIONS A. Users seeking a Discharge Permit or renewal of such a Permit shall submit to EWA a completed application, along with all applicable fees and deposits prior to any Discharge. B. Permittees seeking a renewal of an existing Discharge Permit shall submit a completed application along with all applicable fees or deposits no later than 90 days prior to the expiration of the existing Discharge Permit. In the event a User fails to submit a completed application within the required timeframe, the Discharge Permit is subject to expiration. C. A completed application for a new or renewed Discharge Permit may include the following information: 1. Applicant's name, business name and address, Discharge site or property address if different, telephone number, assessor's parcel number(s), SIC number(s), a detailed description of the manufacturing process or service activity; 2. Names, mailing addresses of any and all principals/owners/major shareholders of Applicant; the ·Applicant's articles of incorporation; most recent report of the Secretary of State (if applicable); business license (whichever are applicable); 3. Volume of Wastewater to be Discharged, and/or the number of trucks or trailers, and license numbers and tank hauling capacity of each, if applicable; 4. Name of any responsible individual who can be served with notices at the Discharge site, other than officers of the corporation; -16- 5. Name and address of current and prior property owners, landlord, manager and/or User of the property and types of business located at that address; a copy of any cleanup and/or abatement order associated with the property; a copy of any liens against the property; 6. Water supplier(s) and water account numbers; 7. Source and amount of Wastewater Constituents and Characteristics as required by EW A including, but not limited to, those mentioned in Section 2.12, Local Discharge Limits, of this Ordinance. These Constituents and Characteristics shall be determined by a laboratory certified by the State of California under the authority of the Environmental Laboratory Accreditation Program. A new Applicant may use estimates in lieu of laboratory analysis, based upon the best available information; 8. Time and duration of Discharge; 9. Number of persons employed by Applicant and average hours of work per employee per day; 10. Waste minimization and water conservation practices; 11. Production records, if applicable; 12. Waste Manifests, if applicable; 13 .. Landscaped area in square feet, if applicable; 14. Tons of cooling tower capacity, if applicable; 15. EPA hazardous waste generator number, if applicable; 16. Complete description ofhazardous chemical/waste storage; 1 7. Material safety data sheets for chemicals actually Discharged to the Encina Sewerage System and for those chemicals potentially Discharged to the Encina Sewerage System in amounts or concentrations that could negatively impact the Collection System or treatment processes; 18. Site plans, floor plans, mechanical and plumbing plans and details to show all incoming and outgoing plumbing connections (including incoming potable water), valves, sewers, spill containment, Pretreatment facilities, clarifiers and appurtenances by size, location and elevation, as required by EW A; 19. Baseline Monitoring Report (BMR) if Applicant is subject to a Categorical Standard(s); 20. Name and address of leaseholder of the vehicles, trailers or Pretreatment Equipment to be used, if applicable; -17- 21. A detailed description of the Pretreatment proposed or required by any other regulatory agency having jurisdiction over the Discharge; 22. For SUP Applicants, a detailed description of the alternatives investigated for disposal including reasons why all other Discharge alternatives were not chosen; 23. In the case of Groundwater or Brine Line Discharges, proof of general liability and environmental impairment liability insurance naming EW A and the Member Agencies as additional insureds and covering all liability for damages resulting from the Discharge in amounts deemed appropriate by the General Manager; and an indemnity agreement that holds the EWA and the Member Agencies harmless from any and all costs, claims, and/or damages arising out of or in connection with the Discharge of the treated Groundwater or from the Brine Line, including costs incurred by EW A in the investigation and/or defense of any claims; and 24. Any other information required by EW A in order to properly evaluate the Discharge Permit application. D. After evaluation of a completed application, EWA may issue a Discharge Permit, subject to the terms and conditions set forth in this Ordinance and any additional terms and conditions which EW A determines are necessary to protect the Encina Sewerage System. E. Any application which is not complete within 90 days following initial receipt by EW A shall be deemed denied. 3.9 DISCHARGE PERMIT/NSWD FORM TERMS AND CONDITIONS A A Class I, II, III, Special Use Discharge Permit or NSWD Form may contain any of the following terms and conditions: 1. Limits on Pollutant concentration rate or Mass Emission Rates, which may be more stringent than those set forth in Section 2.12, Local Discharge Limits, of this Ordinance; 2. Limits on Discharge volume, flow rate and time period restrictions of Discharge, or requirements for flow equalization; 3. Requirements to notify EWA in writing prior to any expansion of facilities or wet processes, or increase in Discharge flows; 4. Requirements to construct and maintain, at the Permittee's expense, pH control, flow monitoring and/or sampling facilities; 5. Requirements for maintaining and submitting technical reports, production data, Discharge logs or reports, Waste Manifests, water bills and/or other records;, 6. Requirements to self-monitor; -18- 7. Requirements for maintaining a mm1mum of three years of plant records relating to Wastewater Discharge, BMP documentation and Waste Manifests; 8. Actual or estimated rates or values for Wastewater strength characteristics; 9. Requirements to install, maintain and/or inventory specified Pretreatment Equipment; 10. A slug control plan, as set forth in Section 5.7 of this Ordinance, or other specific actions to control Slug Discharges; 11. Requirements to notify EW A immediately of any facility changes that may affect the potential for a Slug Discharge; 12. Requirements to implement specific BMPs to mtmmtze the Discharge of Pollutants; 13. A Toxic Organics Management Plan, as set forth m Section 5.8 of this Ordinance; 14. Requirements to deposit with EWA in accordance with Section 3.12 of this Ordinance, a specified amount based upon: (1) Permittee's history of non-payment of fees, fines or costs; or (2) potential non-routine sampling and monitoring that may be required as determined by EW A; and 15. Additional or more stringent requirements as deemed necessary by EWA to ensure compliance with this Ordinance and/or to protect the Encina Sewerage System. B. For Wastehauler Discharge, the SUP shall also be subject to the following: 1. the Wastehauler shall have a valid permit from the San Diego County Health Department; 2. the Wastewater shall be Discharged according to the provisions of EWA's Standard Operating Procedure No. 24 as amended from time to time, and only by certain authorized vehicles, as authorized in the User's SUP; 3. the W astehauler shall not Discharge Wastewater from any industrial or commercial source, or any hazardous waste. C. Users with NSWD Forms are also subject to the following: 1. By accepting a NSWD Form, the User authorizes EWA staff to enter the premises and inspect without delay, and/or monitor the User's Discharges in order to determine continued compliance with the terms and conditions of the form. -19- 2. The User shall post the NSWD Form in the User's place of business in recognition of the User's contribution to the community for implementing pollution prevention and waste recycling measures. 3. The terms and conditions of each NSWD Form shall vary according to User. At a minimum, the User is required to implement and maintain agreed-upon BMPs and to meet all Pretreatment Standards and Pretreatment Requirements of this Ordinance. 4. The User's failure to maintain these BMPs may result in the User's reclassification, and EW A may issue a Class I, ll or Ill Discharge Permit as appropriate. Failure to comply may also result in sanctions as allowed by this Ordinance. 3.10 DISCHARGE PERMIT DURATION AND RENEWAL, MODIFICATION AND REVOCATION A. DURATION AND RENEWAL Discharge Permits shall be issued for a limited period not to exceed a term of five years. At least 90 days prior to expiration of the Discharge Permit, the Permittee shall apply for renewal in accordance with the provisions of this Ordinance. A new Discharge Permit may contain additional and more stringent terms and conditions than a User's previous Discharge Permit. B. MODIFICATION 1. EW A may modify any Discharge Permit for good cause including, but not limited to, the following reasons: (a) To incorporate any new or revised federal, State or local Pretreatment Standards or Pretreatment Requirements; (b) To address significant alterations or additions to the User's operation, processes or Wastewater volume or character since the date the Wastewater Discharge Permit was issued; (c) To reflect any change in the Encina Sewerage System that requires either a temporary or permanent reduction or elimination of the authorized Discharge; (d) In response to information indicating that the permitted Discharge poses a threat to the Encina Sewerage System, its personnel, the receiving waters or reuse of Wastewater byproducts; (e) Substantial evidence of a violation of any terms or conditions of the Discharge Permit; (f) A User's misrepresentation or failure to fully disclose all relevant facts in the Discharge Permit application or in any required report; -20- (g) Revision of or a grant of variance from Categorical Standards; (h) To correct typographical or other errors in the Discharge Permit; or (i) To reflect a transfer of the facility ownership or operation to a new owner or operator as allowed by this Ordinance. 2. In the event EW A requires a Discharge Permit modification that is not requested by the Permittee, EW A shall inform the Permittee at least 45 days prior to the effective date of the modification, unless the Permittee has violated any terms or conditions of its Discharge Permit or this Ordinance in which case a modification may be effective immediately. 3. The Permittee shall request a Discharge Permit modification 90 days prior to increasing flow or changing Wastewater Constituents and Characteristics where such contribution or change will cause the Permittee to be in violation of its Discharge Permit or this Ordinance. The request shall be in writing stating the requested change and the reasons therefore. Within 45 days of receipt of a completed request, EW A may approve, deny or modify the request and make any necessary modification to the Discharge Permit C. REVOCATION EW A may revoke a Discharge Permit or NSWD Form at any time in accordance with Section 6 of this Ordinance. 3.11 OUT-OF-AREA DISCHARGES A. After the effective date of this Ordinance, any agreement entered into by a Member Agency and an agency outside of the Member Agency's legal boundary, allowing Discharge to the Encina Sewerage System, and any modifications to such agreement, shall be subject to approval by the EWA Board of Directors and to the procedures set forth in Section 3 of EWA's Revised Basic Agreement. B. Such agreements shall provide protections to the Encina Sewage System equivalent to those set forth in this Ordinance, such as: compliance with Pretreatment Standards and Pretreatment Requirements; rights of inspection and sampling of the User"s Discharge to determine compliance with such standards and requirements; and imposition of any fees, fines, costs, or deposits as necessary. C. The Member Agency shall submit to EW A a signed copy of the agreement after all required approvals are obtained. 3.12 FEES AND DEPOSITS A. GENERAL Any fees or deposits prescribed in this Section 3.12 shall be due and payable to EWA at the time prescribed herein or as set forth in any resolution of the EW A Board of Directors -21- establishing certain fees. An unpaid fee is delinquent if it has not been paid within 30 days after it is due. All delinquent payments will be assessed a penalty of 10% or $100 per month, whichever is greater. B. FEES 1. APPLICATION/RENEWAL FEES EWA's Board of Directors may establish by resolution a fee for application for or renewal of a Discharge Permit or NSWD Form. The application/renewal fee shall be in an amount reasonably related to EWA's costs of reviewing applications and may include an extra amount for expedited review of a renewal application. All permit fees shall be due and paid prior to issuance or renewal of a Discharge Permit or NSWD Form. Any delinquent payments to EWA must be paid in full prior to issuance or renewal of a Discharge Permit or NSWD Form. 2. ANNUAL FEE Each Permittee and NSIU shall pay to EW A an annual fee in an amount adopted by resolution of the EW A Board of Directors. The annual fee shall be in an amount reasonably calculated to cover actual or estimated costs of EWA's routine compliance monitoring, inspections and reporting applicable to the Permittee or NSIU. The annual fee shall be due to EW A on an annual date as established by the EW A Board of Directors. 3. SPECIAL USE FEE In addition to the application/renewal fee and the annual fee, the EW A Board of Directors may establish by resolution a fee to cover any additional costs relating to Special Use Discharge Permits. C. DEPOSITS EWA may require a User to pay a deposit or replenish any deposited amount: (1) prior to issuing, modifying or renewing a Discharge Permit or NSWD Form; (2) for monitoring and/or treatment of a Special Use Discharge; (3) prior to scheduling an appeal or enforcement hearing in accordance with Section 6.4 ofthis Ordinance; or (4) as part of an enforcement action. The deposit shall be based upon the estimated costs associated with the particular action. EW A may charge the deposit for actual and reasonable costs incurred by EW A or a Member Agency for: (1) issuance, modification or renewal of a Discharge Permit or NSWD Form; (2) monitoring and/or treatment of a Special Use Discharge; (3) preparation for and services at an appeal or enforcement hearing in accordance with Section 6.4 of this Ordinance; or (4) the enforcement of a User's compliance with its Discharge Permit or NSWD Form, or this Ordinance. The User will be required to pay any additional costs incurred by EWA in excess of the deposited amount. If a User's appeal is sustained, the full deposit shall be returned. In all other cases, EWA shall return to the User any remaining deposited amount along with any interest -22- earned upon: (1) the User's surrender of its Discharge Permit or NSWD Form; (2) the cessation of the User's Discharge; or (3) the conclusion of any enforcement action under this Ordinance, whichever is later. EWA shall provide the User an accounting of the deposited amount upon return of the remaining amount, and upon the User's request. The User's deposit of any amount with EW A shall not constitute an admission of liability or noncompliance with any NSWD Form or Discharge Permit, or this Ordinance. -23- SECTION 4 FACILITIES REQUIREMENTS 4.1 PRETREATMENT FACILITIES A. All Users shall Discharge Wastewater acceptable to EWA in compliance with the Pretreatment Standards and Pretreatment Requirements set forth in this Ordinance. Users shall provide, maintain and pay for any facilities required to pretreat or transport Wastewater that meets the requirements of this Ordinance and the User's Discharge Permit or NSWD Form. R EWA may review and approve, based upon the Director's BPJ, the User's Pretreatment facilities. In no event shall any review or approval indicate compliance with this Ordinance, any Discharge Permit or NSWD Form. C EWA may require any User to submit waste minimization plans, contingency plans and other necessary documentation to ensure proper operation of the Pretreatment facilities. D. EWA may require any User to install technology to meet Pretreatment Standards or Pretreatment Requirements in accordance with Section 6 of this Ordinance. 4.2 SPILL CONTAINMENT FACILITIES All Users shall provide, maintain and pay for spill containment facilities to protect against Discharge in violation of this Ordinance. Spill containment facilities shall be designed to secure 110% of the capacity of the largest single tank within the structure and prevent it from entering into the Encina Sewerage System, in accordance with reasonable engineering standards. 4.3 MONITORING/METERING FACILITIES A. EW A may require the User to construct and maintain in proper operating condition at the User's sole expense flow monitoring, constituent monitoring and/or sampling facilities, in a manner that allows free and uninterrupted access by EW A. B. Any sample taken from a sampling location designated in the User's Discharge Permit is considered representative of the quality and/or quantity of normal Process Wastewater generated during daily operations at the facility. C. Wastewater monitoring and flow measurement facilities shall be properly operated, kept clean, and maintained in good working order at all times. The failure of a User to keep its monitoring facility in good working order shall not be grounds for the User to claim that sample results are unrepresentative of its Discharge. D. Monitoring or metering facilities may include a locking security closure for EWA's access only. If the locking device is owned by the User, the User shall provide EWA with key entry access to the monitoring or metering facility, permitting entry without delay during all hours of operation. -24- E. Location of the monitoring or metering facilities shall be determined by the User based upon the User's processes and in-line Pretreatment Equipment, if applicable, and subject to approval by EW A. F. If a User has various operations producing different Wastewater Constituents and Characteristics, or subject to different Categorical Standards, EWA may require the User to install separate monitoring or metering facilities for each operation. G. All devices used to measure Wastewater flow or Wastewater Constituents and Characteristics shall be installed and calibrated by a qualified individual(s) according to manufacturer's specifications, at a frequency determined by EWA and/or upon EWA's request, to ensure their accuracy. 4.4 DRAWING SUBMITTAL REQUIREMENTS A. Users shall submit to EW A detailed drawings for review of existing or proposed construction of Pretreatment facilities, spill containment facilities and monitoring or metering facilities. Users shall not begin construction of the proposed facility without prior approval of EW A. EWA's review or approval of the drawings shall in no way relieve the User of any future responsibility for modifying the facilities or procedures to meet the requirements of this Ordinance. B. All drawings shall include the following: (1) north arrow; (2) scale size; (3) User name and address; (4) drawing name and drawing number; (5) date drawn or revised; (6) name of draftsman and name of person approving drawing. C. EW A may require drawings to scale or schematic drawings depicting the manufacturing process (waste generating sources), spill containment, Pretreatment facilities, and/or monitoring and metering facilities. D. EW A may require the drawings be prepared by a California Registered Chemical, Mechanical or Civil Engineer. 4.5 BEST MANAGEMENT PRACTICES (BMPs) A. All Permittees, including NSIUs, shall implement any and all feasible BMPs to minimize Pollutant and Wastewater Discharge. B. BMPs include any action that causes a net reduction in the use or generation of Pollutants that are Discharged into Wastewater and include, but are not limited to, Pretreatment, maintenance procedures, and any of the following: 1. Input change: A change in raw materials used in a production process or operation so as to reduce, avoid or eliminate the generation of Pollutants Discharged in Wastewater. -25- 2. Operational improvement: Improved site management so as to reduce, avoid or eliminate the generation of Pollutants Discharged in Wastewater. 3. Production process change: A change in a process, method or technique that is used to produce a product or a desired result, including the return of materials or their components for reuse within the existing processes or operations, or recycling of water or Wastewater byproducts, so as to reduce, avoid or eliminate the generation of Pollutants Discharged in Wastewater. 4. Product reformulation: Changes in design, composition or specifications of end products, including product substitution, so as to reduce, avoid or eliminate the generation of Pollutants Discharged in Wastewater. C. Pollution prevention does not include actions that merely shift a Pollutant in Wastewater from one environmental medium to another environmental medium, unless clear environmental benefits of such an approach are identified to the satisfaction of EW A 4.6 ADDITIONAL PRETREATMENT MEASURES A. TIME AND LOCATION OF DISCHARGE To protect the Encina Sewerage System or to assess the User's c:ompliance with the requirements of this Ordinance, EW A may require: (1) Users to restrict Discharge during peak flow periods; (2) that certain Wastewater be Discharged only into specific sewers; (3) Users to relocate and/or consolidate points of Discharge; (4) Users to separate Domestic Wastewater from Process Wastewater; and (5) such other conditions as may be necessary in the Director's BPJ. B. FLOWEQUALIZATION EW A may require any Person Discharging into the Encina Sewerage System to install and maintain on its property and at its expense, a storage and flow-control facility to ensure equalization of flow. C. INTERCEPTORS EW A may require Users to install Oil and Grease, or sand interceptors when, in the Director's BPJ, such interceptors are necessary for the proper handling of Wastewater containing excessive amounts of Oil and Grease or solids, to reduce the amount of these pollutants entering the Encina Sewerage System. All interceptor units shall be of type and capacity approved by EW A and shall be so located to be easily accessible for cleaning and inspection. Such interceptors shall be inspected, cleaned and repaired regularly, as needed, by the User at the User's expense. -26- D. GAS DETECTION METER EWA may require Users with the potential to Discharge flammable substances to install and maintain an approved combustible gas detection meter. -27- SECTION 5 MONITORING, REPORTING, INSPECTION & NOTIFICATION 5.1 SELF-MONITORING A. EWA may require any User to submit self-monitoring reports of Wastewater Constituents and Characteristics in order to determine compliance with the User's Discharge Permit or this Ordinance. When required, the self-monitoring requirement and frequency of reporting shall be set forth in the User's Discharge Permit. B. All sample analyses shall be performed by a laboratory certified by the State of California under the Environmental Laboratory Accreditation Program (ELAP) and follow the requirements set forth in 40 C.P.R. Part 136 and Section 5.2 below. C. The analyses of Wastewater Constituents and Characteristics and the preparation of the monitoring report shall be at the User's sole expense. D. Users ·shall submit to EWA the results of all sample analyses obtained at the representative sample point and analyzed according to B. above, even if the User samples more frequently than is required by its Discharge Permit. E. If self-monitoring indicates a violation, the User shall notify EWA within 24 hours of becoming aware of the violation. The User shall repeat the sampling and analysis and submit the results of the repeat analysis to EW A within 30 days. F. In the event a User fails to perform any required self-monitoring and/or to submit self- monitoring reports, EWA may initiate all necessary tasks and analyses to detennine the User's Wastewater Constituents and Characteristics for any limitations and requirements specified in the User's Discharge Permit or in this Ordinance. The User shall be responsible for any and all expenses of EW A in undertaking such monitoring analyses and preparation of reports. 5.2 WASTEWATER SAMPLE COLLECTION A. Samples utilized by the User to satisfy reporting requirements must be collected during the period covered by the report. B. All samples and measurements taken as required herein shall be representative of the volume and nature of the Discharge. All samples shall be taken at the representative sample point specified in the User's Discharge Permit and, unless otherwise specified, before the Discharge is diluted by any other wastestream, body of water or substance. C. Except as indicated in Sections D and E below, or unless otherwise authorized by EWA, the User must collect all Wastewater samples using 24-hour composite sampling techniques. D. Samples for pH, temperature, cyanide, Oil and Grease, and Total Toxic Organics must be obtained using grab collection techniques. Using the protocols (including appropriate -28- preservation) specified in 40 CFR Part 136 and EPA guidance, multiple grab samples collected during a 24-hour period may be composited prior to the analysis as follows: for cyanide, the samples may be composited in the laboratory or in the field; for Total Toxic Organics and Oil and Grease, the samples may be composited in the laboratory. Composite samples for other parameters unaffected by the compositing procedures as documented in approved EPA methodologies may be authorized by EW A as appropriate. E. For sampling required in support of baseline monitoring and 90-day compliance reports, a minimum of four grab samples must be used for pH, cyanide, Oil and Grease, and Total Toxic Organics for which historical sampling data do not exist. For facilities for which historical sampling data are available, EWA may authorize a lower minimum. For routine sampling, EW A shall require the number of grab samples necessary to assess and assure compliance with applicable Pretreatment Standards and Pretreatment Requirements. 5.3 BASELINE MONITORING REPORTS (BMRs) Any New Source and any User subject to a new or revised Categorical Standard shall submit a BMR prior to the issuance or renewal of its Discharge Permit. Each BMR shall contain the information set forth in 40 C.F.R. Section 403.12(b)(1)-(6) and shall be submitted within the prescribed timeframes. 5.4 REPORT ON COMPLIANCE WITH CATEGORICAL STANDARD Within 90 days following the date for final compliance with an applicable Categorical Standard or in the case of a New Source following the commencement of Discharge, any User subject to Pretreatment Standards and Pretreatment Requirements shall submit to EWA a report containing the information set forth in 40 C.F.R. Section 403.12(b)(4)-(6). For Users subject to equivalent mass or concentration limits, the report shall contain a reasonable measure of the User's long-term production rate. For all other Users subject to Categorical Standards expressed in terms of allowable Pollutant Discharge unit of production (or other measure of operation), the report shall include the User's actual production during the appropriate sampling period. 5.5 COMPLIANCE SCHEDULE PROGRESS REPORTS All Users subject to a compliance schedule issued pursuant to Section 6 or as required by a Discharge Permit shall submit a progress report within 14 days of each interim compliance date set forth in the compliance schedule. 5.6 SEMIANNUAL COMPLIANCE STATUS REPORTS All Class I, Class ll, and Class Ill Permittees shall submit reports to EW A in accordance with 40 C.F.R. Section 403.12(e) and (h), respectively. These reports shall be submitted twice each year for the periods July 1 through December 31, and January 1 through June 30, and shall be due on January 15 and July 15 of each year, respectively. -29- 5.7 SLUGCONTROLPLANS EW A shall evaluate whether each Significant Industrial User needs a slug control plan to control Slug Discharges. EWA may require any User to develop, submit for approval and implement such a plan. A slug control plan shall address, at a minimum, the following; A Description of routine and non-routine Discharge practices; B. Description of stored chemicals, the quantities used and disposal practices for each; C. Procedures for immediately notifying the EW A of any Slug Discharge, as required by Section 5.15(B) of this Ordinance; and D. Procedures to prevent adverse impact from any Slug Discharge. Such procedures include, but are not limited to: all pollution prevention measures that have been implemented by the User; regular inspection and maintenance of Pretreatment systems and storage areas; proper handling and transfer of materials; worker training; measures for containing Pollutants; measures for ensuring against the deliberate initiation of a Slug Discharge; and measures and equipment for emergency response. 5.8 TOXIC ORGANIC MANAGEMENT PLAN EW A may require any User to submit a Toxic Organic Management Plan (TOMP) to address the prevention of Discharge of toxic organics to the Encina Sewerage System or the environment. A TOMP shall contain, at a minimum, the toxic organic compounds used, the method(s) of disposal, and the procedures for assuring that toxic organics do not spill into the Wastewater being Discharged. EWA may allow a User to develop and implement a TOMP in lieu of required self-monitoring for Total Toxic Organics. 5.9 WASTEHAULER DISCHARGE REPORT Each Wastehauler shall complete a Septage Discharge report for each load Discharged. The report shall include the following information: (1) date and time of Discharge; (2) type of Septage Discharged; (3) volume of Discharge; (4) company name; (5) truck license number; (6) driver's name; and (7) source of Septage (chemical toilet route number or name of client(s) and address). 5.10 FALSE STATEMENTS AND CERTIFICATION A. Persons submitting Permit applications and reports pursuant to this Ordinance are subject to the provisions of 18 U.S.C. Section 1001, Section 309 of the Clean Water Act, 40 C.F.R. Section 403.12 (b)(6) and any other provisions of law imposing civil and/or criminal penalties for making false statements. B. All Discharge Permit applications and any reports submitted pursuant to this Ordinance shall be signed by an Authorized Representative of the User, indicate the city in which -30- the statement was signed (or county, if signed in an unincorporated area) and contain the following certification statement: "I certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment for knowing violations." 5.11 CONFIDENTIAL INFORMATION Information and data about a User that is obtained by EWA from reports, surveys, Wastewater Discharge Permit applications, individual Wastewater Discharge Permits, monitoring programs, inspection and sampling activities, or any other information about a User on file with EWA shall be available to the public without restriction unless the User requests confidentiality for specific information and is able to demonstrate to the satisfaction of EW A that such information is entitled to protection as trade secrets under applicable law. Any such request must be asserted at the time the information or data is first submitted to or collected by EW A When a User makes a timely request and EWA determines that information should be held confidential, the portions of any document which would disclose trade secrets shall not be made available for inspection by the public, but shall still be made available immediately upon request to governmental agencies for uses related to the NPDES Program or Pretreatment Program, or in enforcement proceedings. Wastewater Constituents and Characteristics and other effluent data as defined at 40 CFR 2.302 shall not be recognized as confidential information and shall be available to the public without restriction. 5.12 REPORTS FROM UNPERMITTED USERS All Users not required to obtain a Discharge Permit, such as Users that have been issued a NSWD Form, shall provide reports to EW A as requested. 5.13 EWA'S RIGHT TO INSPECT, SAMPLE, AND EW A'S RIGHT OF ENTRY A. Persons or occupants of premises where Wastewater is created or Discharged shall allow EW A, or its representatives, reasonable access to all parts of the Wastewater generating and disposal facilities as necessary for the purposes of inspection and sampling to determine compliance with a Discharge Permit or this Ordinance. EWA has the right to enter any User's facility without prior notice if the User is required to obtain a Discharge Permit or NSWD Form under this Ordinance. -31- B. Any member of the EW A inspection or enforcement team may inspect and sample from the Wastewater generating and disposal facilities of any User to ascertain whether the intent of this Ordinance is being met and the User is complying with requirements. Each inspector carries an EWA-issued credential badge with the individual's first and last name, photograph and title. If requested, EW A inspectors will present this credential for verification upon entry onto any User's facility for the purpose of performing inspection or sampling responsibilities. Where a User has security measures in force that require additional identity verification, the User may make necessary arrangements with EW A in advance so that, upon presentation of an inspector's photo identification credential, personnel from EW A will be permitted to enter without delay for the purpose of performing their specific responsibilities. In no event may a User require EWA inspectors to provide or present any other form of identification, or otherwise delay entry of any member of the EWA inspection or enforcement team for additional identity verification. C. EWA shall have the right to set up on the User's property or other locations as determined by EW A such devices as are necessary to conduct sampling or metering operations. D. A User shall remove promptly any temporary or permanent obstruction to safe and easy access to the facility to be inspected and/or sampled at the written or verbal request ofEWA and such obstruction shall not be replaced. The User is responsible for the costs of removing such obstruction. E. Unreasonable delays or interference in allowing EW A access to the User's premises shall for the purposes of enforcement of this Ordinance be a violation of this Ordinance. 5.14 RECORDKEEPING In order for EWA to determine the Wastewater characteristics of the User for purposes of determining compliance with a Discharge Permit, a NSWD Form, or this Ordinance, all Users shall make available to EWA for inspection and/or copying at the User's expense, the following records: all notices, self-monitoring reports and supporting records, BMP documentation, Waste Manifests and any other records relating to the Discharge required to be kept under State or federal law. Users shall retain all records a minimum of three years. 5.15 NOTIFICATIONS A. CHANGE TO DISCHARGE All Users are required to notify the EW A before increasing or decreasing flow or Wastewater Constituents or Characteristics by more than 10% from the amounts described in the applicable Discharge Permit or NSWD Form. B. BYPASS/SLUG DISCHARGE 1. All Users are required to notify EW A immediately of any facility changes that may affect the potential for a Slug Discharge. -32- 2. If a User anticipates the need for a Bypass or Slug Discharge, it shall submit prior notice to EW A, if possible, at least 10 days before the date of the Bypass or Slug Discharge. 3. EWA may approve an anticipated Bypass or Slug Discharge after considering its adverse effects, and in the case of a Bypass, only if EW A determines that it will meet the conditions set forth in Section 2.6 of this Ordinance. Approval of an anticipated Bypass or Slug Discharge does not relieve the User of any expense, loss, damage or other liability which may be incurred as a result of damage or loss to EW A and/or a Member Agency or any other damage or loss to person or property; nor shall such notification relieve the User of any fees or other liability which may be imposed by this Ordinance or other applicable law. 4. A User shall submit to EW A oral notice of an unanticipated Bypass or Slug Discharge that violates the User's Discharge Permit or NSWD Form or this Ordinance within 24 hours after the User has knowledge of the Bypass or Slug Discharge. A User shall submit to EWA a written report within five working days after the User becomes aware of the Bypass or Slug Discharge. The report shall contain a description of the Bypass or Slug Discharge and its cause; the duration of the Bypass or Slug Discharge, including exact dates and times, and, if the Bypass or Slug Discharge has not been corrected, the anticipated time it is expected to continue; and steps taken or planned to reduce, eliminate and prevent recurrence of the Bypass or Slug Discharge. 5 .. Failure to submit oral notice and/or written report may be grounds for Discharge Permit suspension or revocation. Failure to provide timely notice is deemed a waiver of the Bypass defense for any violation. 6. Notification of Bypass shall not relieve the User of any expense, loss, damage or other liability which may be incurred as a result of damage or loss to EWA and/or a Member Agency or any other damage or loss to person or property; nor shall such notification relieve the User of any fees or other liability which may be imposed by this Ordinance or other applicable law. 7. Users shall post in a prominent place on the User's employee bulletin board or other notice board a notice advising employees whom to call in the event of a Bypass or Slug Discharge. Users shall ensure that all employees are advised of the emergency notification procedure. C. DISCHARGE OF HAZARDOUS WASTE Users shall give notices of Discharge ofhazardous waste, as defined in 40 C.F.R. Part 261, in accordance with 40 C.F.R. Section 403.12(p). -33- 6.1 PURPOSE AND SCOPE SECTION 6 ENFORCEMENT EW A finds that enforcement of this Ordinance throughout the Encina Service Area is vital to the protection of the public's health and safety, the environment and the Encina Sewerage System. Any violation or continuing violation of a provision of this Ordinance, a Discharge Permit, a NSWD Form, an administrative order or applicable State or federal law may be grounds for enforcement action against a User. EWA shall conduct enforcement proceedings in accordance with its Enforcement Response Plan, as amended from time to time, to ensure consistent application of the provisions of this Ordinance. 6.2 FINDINGS OF VIOLATION EWA may make findings of violation of a Discharge Permit, a NSWD Form, this Ordinance or applicable law based upon the following: A. Review of information submitted by a User to EW A; B. EWA's inspection ofthe User's facility and/or sampling ofthe User's Discharge; C. A User's failure to submit any required documentation, report or notice; D. A User's failure to pay any fees, fines, costs or deposits as required by this Ordinance; E. Any other information received by EW A. 6.3 ADMINISTRATNE ENFORCEMENT ACTIONS EWA may impose any of the enforcement actions set forth herein against a User upon a finding that a violation has occurred. A. NOTICE OF VIOLATION (NOV) 1. . Upon finding a violation of this Ordinance, a Discharge Permit, a NSWD Form, an administrative enforcement order or applicable law, EWA may issue the User a NOV. 2. For any violation of Sections 2.1 (A), 2.1 (B)(3), ( 4) and ( 6)-(8) of this Ordinance, EW A shall examine whether the User has an affirmative defense ag set forth in 40 C.P.R. Section 403.5(2). If in the Director's BPJ the User has an affirmative defense, EWA shall not issue an NOV. 3. ·A NOV shall: a. describe the violation and the basis for the violation; -34- b. cite the provision of the Ordinance, Discharge Permit or law violated; c. require correction of the violation and/or a written explanation of the cause of the violation, within a specified time frame; d. set forth any administrative enforcement action imposed by EW A; e. provide written instructions for obtaining a hearing and the deadlines for doing so, if applicable. 4. In the event that the notice of violation imposes any administrative enforcement action(s), EWA shall issue the NOV by at least one of the following methods: (1) via certified mail with return receipt requested; (2) personal delivery; or (3) posting the notice of violation conspicuously on or in front of the User's premises. B. MONETARYFINES 1. In general, the fine shall be assessed at a level that recovers the economic benefit derived by the User from the acts constituting the violation. An Offic:er may impose monetary fines in an amount not to exceed $1,000 per violation per day. The Director may impose monetary fines in an amount not to exceed $5,000 per violation per day or $10 per gallon. 2. ·The fine shall be imposed in accordance with the recommendations found in EW A's Enforcement Response Plan and Guide as amended from time to time, and maintained at the EW A administrative offices. 3. Payment Due Date. The fines prescribed in this Section shall be due and payable to EW A within 30 days from the date of receipt of the NOV or administrative enforcement order. Any unpaid fine will be assessed a penalty of 10% or $100 per month, whichever is greater. C. ENFORCEMENT AND OTHER COSTS EW A may require the User to pay any additional costs incurred which are reasonably related to the enforcement of a User's Discharge Permit or NSWD Form or any requirements of this Ordinance. These costs may include: any inspections, monitoring, sampling or other investigations required by EWA on a non-routine basis; procurement of water records; additional treatment; reasonable attorney fees and other legal costs, whether or not civil enforcement is pursued in court; any expert analysis required on a non-routine basis; any damage to the Encina Sewerage System; costs required to resume normal operation of the Encina Sewerage System; and any other costs incurred by EW A or a Member Agency in its enforcement efforts. These costs shall be based upon actual expenses, including staff time incurred for such enforcement activities. These costs are due and payable as directed in any notice and are not subject to appeal. EWA shall provide the User an accounting of these costs upon the User's request. -35- D. NON-COMPLIANCE SAMPLING In response to repeated violations, a User's self-monitoring frequency may be increased to determine whether the corrective actions taken in response to a violation have returned the User to compliance. E. ENFORCEMENTSECUruTY EWA may require a User to deposit cash or provide a letter of credit or other security in a form approved by EWA, sufficient to ensure the User's compliance, to ensure payment of any fees, fines, or costs, or to ensure participation in any requested hearing, m accordance with Section 3.12 of this Ordinance. F. COMPLIANCE SCHEDULE EWA may impose a compliance schedule based upon his or her BPJ, setting forth the action(s) necessary to comply with this Ordinance or a Discharge Permit, and the deadlines for completing such action(s). G. COMPLIANCE MEETING EWA may require a User to attend a meeting when there is a pattern of noncompliance or a serious violation has occurred. At the meeting, the User shall be asked to provide an explanation for the violation(s) and describe the actions taken or planned to prevent recurrence. H. PUBLICATION OF VIOLATION EWA may require the User to notify the public and/or other Users in the Encina Sewerage System of the User's violation, the User's action taken to correct the violation and any enforcement actions imposed by EW A. I. CEASE AND DESIST ORDER EW A may issue a Cease and Desist Order when a User is found: Discharging without a Permit; Discharging unauthorized wastestreams; or Discharging Wastewater that could cause Interference or Pass-through or otherwise create an emergency situation. The Cease and Desist Order will become effective immediately upon receipt and will indicate the steps that must be taken for Discharge to resume. J. SHOW CAUSE HEARING EW A may require the User to attend a formal meeting to explain its noncompliance, and show cause why severe enforcement actions (e.g. permit suspension, permit revocation or termination of service) should not be taken. A Show Cause Hearing does not preclude and is not a necessary prerequisite for taking other enforcement actions. -36- K. SUSPENSION OR REVOCATION OF DISCHARGE PERMIT, TERMINATION OF SERVICE EWA may suspend or revoke a User's Discharge Permit or physically terminate service whenever the User: 1. Fails to comply with the terms of a NOV or compliance schedule; 2. Fails to make timely payment of any amount due to EW A; 3. Fails to provide reports or other documents required by EWA to determine compliance with a Discharge Permit and this Ordinance; 4. Knowingly provides a false statement to EW A; 5. Falsifies, tampers with or knowingly renders inaccurate any monitoring device or sample collection equipment; 6. Fails to report a significant change m operations, as required by this Ordinance; 7. Refuses access to User's facilities upon EWA's demand without delay; 8. Discharges any Wastewater in violation of its Discharge Permit or this Ordinance. 6.4 ADMINISTRATIVE APPEAL A. RIGHT TO HEARING 1. A User may request a hearing regarding any monetary fine greater that $750 imposed by an Officer, by submitting to the Director, within seven days of the date of receipt of the NOV, a written request for a hearing, along with the hearing deposit allowed by Section 3.12 of this Ordinance. The Director shall be the Hearing Officer at such a hearing. 2. A User may request a hearing regarding any Discharge Pennit, compliance schedule, monetary fine greater than $1000, suspension or revocation of Discharge Permit, or termination of service order imposed by the Director, by submitting to the General Manager a written request for a hearing within seven days from the User's receipt, along with the hearing deposit allowed by Section 3.12 of this Ordinance. The General Manager shall be the Hearing Officer at such a hearing. 3. A User may appeal to the Board of Directors any enforcement order suspending or revoking a Discharge Permit or terminating a User's service by submitting to the General Manager a written request for a hearing within seven days from the User's receipt of the enforcement order, along with the hearing deposit allowed by Section 3.12 of this Ordinance. The Board Chair shall be the Hearing Officer at such a hearing. -37- 4. Failure to submit a timely petition for a hearing shall be deemed to be a waiver of the administrative appeal. 5. No other administrative appeal is provided under this Ordinance. B. REQUEST FOR HEARING 1. Hearing requests regarding enforcement actions shall set forth with specificity the reasons for the hearing, including whether the User challenges the factual basis of the decision, and if so, what facts in particular, or whether the User challenges the legal basis of the decision or the reasonableness of the sanctions imposed. 2. Hearing requests regarding Discharge Permit conditions must indicate the Wastewater Discharge Permit provisions objected to, the reasons for this objection, and the alternative condition(s), if any, the User seeks to place in the Wastewater Discharge Permit. The effectiveness of the Wastewater Discharge Permit shall not be stayed pending the appeal. C. TIME FOR HEARING 1. Hearings conducted by the Director or the General Manager shall be held within 15 days of EWA's receipt of the written request. The hearing may be adjourned and reconvened for good cause at the discretion of the Hearing Officer. Not\vithstanding the foregoing, the hearing shall be concluded within 30 days of EW A's receipt of the written request unless otherwise agreed by EWA and the User. 2. Hearings conducted by the Board of Directors shall be held within 45 days of EW A's receipt of the written request. D. RECORD ON REVIEW The Board of Directors' review shall be limited to the hearing record as defined in Section 6.4(G) of this Ordinance, unless the User or the General Manager demonstrates to the Board that new information has been discovered which did not exist or could not be discovered at the time of the enforcement hearing held in accordance with Section 6.4 ofthis Ordinance. E. DUTIES OF HEARING OFFICER 1. The Hearing Officer shall schedule a day, time and place for the hearing, and shall ensure that the User receives written notice of the day, time and place of the hearing at least five days prior to the date of the hearing. 2. The Hearing Officer shall act to ensure that the EWA and the User have a reasonable opportunity to be heard and to present all relevant oral and documentary evidence and that proper decorum is maintained, and shall not act as an advocate for EW A or for a User. 3. The Hearing Officer shall have the authority and discretion to decide when oral and documentary evidence may or may not be introduced, and to rule on questions which are -38- raised during the hearing pertaining to matters of procedure. The Hearing Officer may admit evidence as long as responsible persons are accustomed to rely on such evidence in the conduct of serious affairs, regardless of the admissibility of such evidence in a court of law. 4. The Hearing Officer shall listen to and examine all evidence, direct questions to the User and the EWA as needed, and determine the credibility and weight of the evidence. 5. The Hearing Officer has the authority to uphold EWA's enforcement action, rescind the action or implement any of the actions allowed under this Section 6. F. PROCEDUREATHEARING 1. Enforcement hearings are intended to be informal in nature. Formal rules of evidence and discovery do not apply. The General Manager may, from time to time, establish hearing guidelines to guide the hearing procedure. 2. The EW A shall have the burden of proving by preponderance of the evidence the existence of a violation of this Ordinance, a Discharge Permit, an enforcement order or any applicable State or federal law. 3. Both the EW A and the User shall have the opportunity to present documentary evidence and to cross-examine witnesses in support of its position. G. RECORD OF THE HEARING 1. The Hearing Officer shall cause a recording of the hearing to be made either by tape recording or by providing a court reporter service. The User shall be entitled to receive a copy of a hearing transcript, if made, or the recording upon paying the reasonable cost for preparing the record, in accordance with applicable law. 2. ·The Record of the Hearing shall consist of the recording or transcript of the hearing, all notices, the Hearing Officer's written decision, all admitted exhibits, all rejected exhibits in EW A's possession and any other written correspondence or evidence relating to the User's administrative hearing. H. FAILURE TO ATTEND THE HEARING In the event a User fails to attend a duly noticed hearing, the User shall be deemed to have waived the right to a hearing and the permit or Notice of Violation and any enforcement actions set forth therein shall become final and binding upon the User on the day following the day scheduled for the hearing. I. ADMINISTRATIVE ENFORCEMENT ORDER 1. After the conclusion of the hearing, the Hearing Officer shall issue a decision, as set forth in subparagraph 2 below, which may adopt, reject or modify, in whole or in part, the findings of fact, the enforcement actions or conditions included in the Notice of Violation or -39- other actions addressed at the hearing. The decision may impose without further hearing or appeal, an enforcement action, such as revocation of a Discharge Permit or NSWD Form, or physical termination of service, in the event the Hearing Officer later determines that the User has violated any terms of the administrative enforcement order. 2. The Hearing Officer shall prepare a written enforcement order setting forth the decision, a brief statement of the facts found to be true, a determination of the issues presented and conclusions, articulating the connection between the evidence produced at the hearing and the decision. The written order shall be in sufficient detail to enable any reviewing body or court to determine the basis for the decision on each charge included in the Notice of Violation. The written order shall provide an explanation of the procedure for appealing the decision to the EW A Board of Directors, if applicable, and notify the User of the timeframe for seeking judicial review, as required by Section 1094.6 of the Code of Civil Procedure. 3. The Hearing Officer's enforcement order shall be sent to the User at its business address, within 30 days after the conclusion of the hearing. 6.5 EMERGENCY SUSPENSION, REVOCATION OR TERMINATION OF SERVICE A. Notwithstanding any other provision of this Ordinance, EW A may take any action to suspend or revoke a User's Discharge Permit or to physically terminate service in the event of an emergency. B. For purposes of this Ordinance, "emergency" means any event that poses an imminent and substantial danger to the public health and welfare or the environment. C. In the event of an emergency, EW A shall issue a Notice of Violation in accordance with Section 6.3(A) of this Ordinance, and shall specify when the suspension, revocation or termination shall be effective. D. A User may request that a hearing be held within 48 hours after notice of the emergency suspension, revocation or termination, in accordance with Sections 6.4 of this Ordinance. 6.6 EFFECTIVE DATE OF DECISIONS Except for any emergency termination ordered pursuant to Section 6.5 of this Ordinance, all enforcement orders issued pursuant to a hearing shall be effective on the date received by the User in accordance with Section l.l(E) of this Ordinance. In the event a User fails to request a hearing within the timeframe required, a Notice of Violation shall be deemed an enforcement order and shall be effective upon the expiration of the timeframe during which a hearing may be requested. Any decision of the Board of Directors issued pursuant to an administrative hearing shall be effective upon the date received by the User in accordance with Section l.l(E) of this Ordinance. -40- 6. 7 PUBLICATION OF SIGNIFICANT NONCOMPLIANCE In accordance with 40 C.F.R. Section 403.8(f)(2)(viii), EWA shall publish at least annually a list of Users who within the previous 12 months were in significant noncompliance, as defined below: A. Chronic violations of Wastewater Discharge limits, defined as those in which 66% or more of all of the measurements taken for the same Pollutant parameter during two consecutive calendar quarters at a given sample point exceed (by any magnitude) a numeric Pretreatment Standard or Pretreatment Requirement, including Instantaneous Limits as defined by 40 CFR 403.3(1); B. Technical Review Criteria (TRC) violations, defined as those in which 33% or more of all the measurements taken for the same Pollutant parameter during two consecutive calendar quarters at a given sample point exceed the product of the numeric Pretreatment Standard or Pretreatment Requirement, including Instantaneous Limits as defined by 40 CFR 403 .3(1), multiplied by the applicable TRC (TRC = 1.4 for BOD, TSS, and Oil and Grease, and 1.2 for all other Pollutants except pH); C. Any other violation of a Pretreatment Standard or Pretreatment Requirement as defined by 40 CFR 403.3(1) (Daily Maximum, long-term average, Instantaneous Limit, or narrative standard) that EW A determines has caused, alone or in combination with other Discharges, Interference or Pass-through (including endangering the health of sewage treatment personnel or the general public); D. Any discharge of a Pollutant that has caused imminent endangerment to human health, welfare or to the environment or has resulted in EWA's exercise of emergency authority under 40 CFR 403.8(f)(1)(vi)(B), to halt or prevent such a Discharge; E. Failure to meet, within ninety days after the schedule date, a compliance schedule milestone; F. Failure to provide within 45 days after the due date, required reports such as baseline monitoring reports, 90-day compliance reports, periodic self-monitoring reports, and reports on compliance with compliance schedules; G. Failure to accurately report noncompliance; H. Any other violation or group of violations, which may include a violation of Best Management Practices, that EW A determines will adversely affect the operation or implementation of the Pretreatment Program. -41- 6.8 ADMINISTRATIVE COMPLAINT In accordance with Government Code Section 54740.5, EWA may issue an administrative complaint against any User that has violated any terms of this Ordinance. 6.9 JUDICIAL REMEDIES In addition to the administrative enforcement remedies provided by this Ordinance, EW A may take any other judicial action allowed by law, including: A CIVIL PENALTIES In accordance with Government Code Section 54740(b), the General Manager, on behalf of EW A, may petition the superior court to impose, assess and recover from any Person sums not to exceed $25,000 a day for each violation of this Ordinance. All civil penalties imposed by the court for violations are payable to EW A Civil penalties under this Section 6.9(A) are in addition to any and all other civil or criminal remedies other than administrative fines imposed under this Ordinance. B. INJUNCTION The General Manager, on behalf of EW A, may petition the Superior Court for a temporary restraining order, or temporary or permanent injunction. 6.10 MISDEMEANOR Any violation of this Ordinance is a misdemeanor, in accordance wilth Water Code Section 31106. 6.11 REMEDIES NOT EXCLUSIVE The administrative enforcement actions, and any other remedies provided under this Ordinance are not exclusive, and are in addition to any other administrative, civil or criminal remedy established by law which may be pursued by EW A or other State or federal regulatory agencies to address violations of this Ordinance and federal and State law. 6.12 JUDICIAL REVIEW A Judicial review of any EW A enforcement decision shall be made pursuant to Section 1094.5 of the Code of Civil Procedure only if the petition for writ of mandate is filed not later than the 90th day. following the date on which the decision becomes final. If this Ordinance provides for no appeal of the decision, the decision becomes final the date the decision is effective. If this Ordinance provides for an appeal of the decision, the decision becomes final upon the expiration of the period during which the appeal can be sought. -42- B. Aggrieved parties seeking judicial review of the final administrative Wastewater Discharge Permit decision must do so by filing a compliant with the Superior Court for San Diego County within 90 days. -43- Gunther Indoor Shooting Center VICINITY MAP VICINITY MAP NO sq.L.E CONSULTANT INFORMATION PLANNING & ARCHITECTURAL K~makP!amlng&[)es!gn Art:toleetJre!PiaMing P080l(310 w~.c.t92018-0131o ConlactRobel'tRk:tlardson 7GIM34.s400CiliJ60.62S.0&53 kllmakdesi!Jl@gmail..com CONSULTING PLANNER .._We~er&Aio!iodate!i Lalt!Usol'tanring&Co~ion 2888Lok&ravtll'l00East&.tl!J,:l17 Carlsbad.CII92010 160-929-228Sxo403 Contact:MiciJaeiG.Howes,.IIICP,Prhcipal mil<ihowes@hwplanning.com, 700'1211·1400 RANGE DESIGN & OPERATIONS ~ Al!liredPcriCEICapt!linBi;Rowllloo Carlsbad.Ca """""""' browl51t~ILGt~m 2717 Loker Avenue West, Carlsbad, Ca 92010 SHEET INDEX ARCHITECTURAL C1.0 Coverst>aat&Dala ASPI.C OreruiiSklPian&&=rilyCaneraPiell ASP1.1 PertiaJSiteP!an&Data AI.O Coi'IQCptuBIRoorPian A2.0 B$fl& Plan & 8edbns A3.0 IGollllllricOveraGAQQrPiarl lh:!no~ftoorf>lan GOVERNING DESIGN CODES 2013 CaifornlaSUidingeo::h 2013 CatwornlaFileco:ie 2013 CallcrnlliPiumblngCodll 0013 CaMomlaMtd'la.-.!eaiCode 2013 OilllomiaEtedlicaleode 2013 Calilom[aEnefg)'C«le 2013 Calilonlia E>'h;tlng 6ulld"4J Code 2013 CalilamiaGreenBullc:llngstar"d&fdsCIXII! PROJECT INFORMATION OwnerJAoo!icant- Gregg&li>aGllllther, -·-2717LoKerAvenueWesl Ca~sbad.ca920to 760-444-tt(l{l ~ legaiOescrlpllon: Parcel Map ''"'7 "''" Tract03·12 GeneraiPlan: PIPiarinGdlndl.lslrial Zooino: PLHienl!edlnduslrlal APN Number. 200-081-38 Address: 27t7Westl..oker,car1Sbad.Cit ~ Retilii&Wt~~ehouse ~af.r:r/8chr;lo1District CMro1Cari$!Jad No~lndamands Gunstofll 16BO~~q.fl@4011000,67ADT ShOCJtingRarve 16ltllle$@19 .. 304 AOT Tc(5;:371AOT Bulldl<~g8t~: To!aiBuikiing '"" --"" QiginaiGo.nSio ... t3$9sq.tt. GlJnsto~Addil:i:ln321sq.ft. Gur!Rilll!ilt~ ''"' &in Rar~~~e lane~& 1W LDckBifill:trap Ra'lgeWardloose &Jn Slcrage,Ched<Oll: COUIIOf & Back ofllce G.Jn Vet.<ring & Gei'ISiill Area Offic.:!{1) Reslroams(4) State of the art Gun Range Components: RangeCompooems; ... ... ... ''" "" '" ""' '"' .,, Slrdlr C0111"clled HUh End PlsloVfUie Static Range20 & 25 yards FlubbcrBUiei.Trep BackstoJ)'leactCIIIB.n~allliOOooec CeilingBalfleS;'stemfcrStl!tk:Range SkeiExittbors Wall!ltobecoocrG~B~Masanrymln.ll""thek ObservationWlndows;totx!Doubi!!PancdSafetyPiate Buildingfcnantk'nprovcmootl.Jst Olf!CIIS{1) Renta!Giri&!Storage Fn:lntEnllyBdla~ PulkViewilgAre11 &aHLo.~rve AlrlJJcbMteqo.ired(AL) I-Iepa Fi1ralioo System wllh oeoatM! pressure RangeWareho~~&e&stolli!jla Gun fQ'lliil-deaning S1or9 &Support lrkilS/WomcnRcstroorn& l'lolngest~ -Eqijpment Amnou~ Shoo\i'1flareaequlpmentstorage 5tofa!ta5GO'Yingrelalal'l!a '""" 88% .,,. sq. II. sq. fl. "''' !lq.ft, .,,. Prolect Description The pmposed Contilalellls$ PI!! rail wauldallaw lor lllede!ffllo~n! ala sl~teen larolndom'slloolinarengeandanooccssllf'l'gunslotelna13,932$Quarefoot btddingai2717LokcrAvenueWcst. ThesbocliJ1gr¥1(1ClWOUidot<:tJP'I12,252 q.tl(82%ollhebuUdng)aodlhegun!llr.JfflwoiJdoecupy 1680aquareklel {12%oflheb'JJc:&rg). AlluseslfiWidc:ct:U'imldEthebultlingSiltltherelllilbem modlkat:ons kl ttwelderior oltlw !iite. State of the Art Ranoe Userlriandlydo5gnfeatures Gunllii~SatetyNO'l~one.l Gvidollnes SoundOamP'l!ning&Safllly COnlrdllfshooli!lg.ama Targo:t:TQdcCIIb!ec.m..r&ptemloreld!U..'"Ie VldeoCOrttOI&Suflleil:¥lcasyslem SttlklolthiiMAitFIItralion&Ouallty~lcalklal~NegatNe~sure indtdng Hep11 ilters & negative pres$\R Stlllcolll'leArtBulll!lTrapCCIIactil'ln NRA GuldellneGISalo1y Recanenda!•oflS FireEW.lobeSatety~lromlllei'llild!ttotllloweaiy~ Vl!iual Contd ol Range Componants Interior Sig~ p111 Na~OOI!l sta~ll/CS Notacticalshooling .... bell.llowGd HoclassrOilmtraifi:rl(l farking Analysis· E~i;!iflllPari<inJr-30~;m;ignedtQ2717LokerJI.- Ass!goodtoZ117Llller 30spao:es Shoo&'lgRallge 24spaces 1Sspacesperl..anel61anes aunSt~1!.!00sq.fl161lOsc;ft. Gspe.ces(5.6) 1\cludi:JQGt.iR~IIfea TtUIRaq.iMC:I rc~ ITliP15-o9 J I I [J[J ' ' ' CONSULTING PLANNER H!lW!I:!IWeier&~ landiMI'Iilll~&Ctlnsulllltir;ln 28fi8LokarAvenueEaet,SUI!e217 COifklbad,Ciil92010 7&HI29-Z28!!K403 Contsct;MichaeiQ.f.lowes,A!Cf',Prilcipal nikel'lc:rwes:®~l'l!l-a)fll,7&0-271-1486 """ CUENT: Gunther Guns 271TlokerAw.Wust Suit•B,.Cad$Wd,C1192010 ~110D,fu760-496-0666 www.GuntnerGuns.com 2717 Loker Ave. West Carlsbad, ca 92010 APN: 209-081-38-00 Gunther Indoor Shooting Range Cover& Data Sheet C1.0 Print Date: 7!1412016 Note: All noted public & private easements and setbacks are based on PARCEL MAP19517. See this map for all easements pertaining to this project. Easement Notes 17\ PubltcWa1a< Easemetllb Cariiibad Mun~ Wa~DiWiel \.!.1 2.5'WideRee.JuneSOaFJP2tl04-0014343 ® 1S'Wide>Publi:WIII.erEilsementReo:JtdedCltyofCarkbad OI;J.;.Nu.89-1<180Z8 ®30'~~Afa~~oFieecrd«i Oo~:.Nu.&5-378663 @ :J'o'ridepubllcullityGI!IcementtoSOOERoc.No.a&-081931 GOVERNING DESIGN copEs 201a ca~~~om~aeuud!ng:Code rota CalifomiaFirecode 2013 CalilorniaPiumblllgCoclo 2013 CeilomlaMGchanlcatCOde 2013 California EledricaiCodc 2013 Caii'OR'Iif;EnergyCode 2013 california EliiSIIrg 8uildirlg COdo 2Q13 Califomi:IGI:et!I\Bullcllng&ardardsCo&! E9 Ys:r r , __ ::lf Lo-_M ;_~?. APN209-Q81-20-00CT74-21 Overall Site Plan Lot 2 of Parcel Map 19517 (CT 03-12) Approximate Scale: 1"= 40' * CCUPH15-09 I I I I Planning & Architecture I lilil ~ CONSULTING PLANNER Howt!sWeier&AuoeiRI.es landlbe~anning&Cilnaullllltign 28&6LollerAven11EtE&t.SUite217 Car~.Ca92010 750-929-2288>;03 Ccrttset:MictlaeiG.H~AICP,Pri:u:ipal mbhowl!$@hwplqnnlng eom, 7S(J.271·1486 Gunther Guns 271'7lokerA•.Woast Suit~ B,. Cwlsbad, Ca 92010 71l1J.444.1100,fei:760-49G-0666 --GuntherGunsaxn 2717 Loker Ave. West Carlsbad, Ca 92010 APN: 209-481·38·00 "''""' Gunther Indoor Shooting Range Overall Site Plan ASP-1.0 PrlniDate: 7/1412016 2013 CelllorrJaBulldingCode 2013 CalifomiaFirocade . ( 2013 Cahlll!'nial'lumbingCode 201.9 C&lifGTnlalA«:hanicaiCOde 2013 Cellfornia Eklcbt::al Code 2013 CalilofniaEnergyCede 2019 C£1iiorniaExl:singBuiklingCoclc 2013 CaJifornieGreenflulkfii\ISti!IICI8rd50xil i:! Existing BUILDING D (CONCRETE TILT-UP) GROSS FLOOR A1<EA ~ 14,653 S.F. 72" Existing Gunther Guns CUP 12-15 . Gw •r ~j 1~ ,._w "'"' ~0:: Existing BUILDING B (CONCRETE TILT-UP) GROSS FLOOR AREA -14,526 S.F. 1;; 128' Existing . t ·=:.- ~ BUILDING E ":!18 (CONCRETE TILT-UP) GROSS FLOOR AREA ~ 9,433 S.F. ,. io~ /A ~ PARTIAL SITE PLAN BUILDING A • 1"=20' Project Description TtlepropasedCOndltlonaiUsePermitwooldallowforttedeVll~ofasiKICeo laneindOOI'shootingrangeQndanii¢C:&SSGIYgunSl<lreina1S,Q32sqt18f(lloot tntdngl'll2717lol0fAYe11JeWest. T'h$snootlngoangewotlkloewpvt2,2.:12 sq. fl.(62'%dltletlllllfl'l{l)ancithe gunstmewruldocc:up'f 1680squarefeat (12%of~Widing). Alluses¥oOuldoo:urnsiOOthiJbulldlflllardlht!towllbeno mQ<;ific;ltignatothe~olflesite. State of the Art Range Userlrilrncll'f~leawr'll$ GuA'Uit-SIIIQ!yNationaiGulclcllnes SoundO~ng&Safrett Conlrolof~!JCI.&rell TergetTrac:f(CableC~rSy&terntoreachLaoo \'ideoCoOOal&&m!oillance!.yslam Slats of tOO Art Air Rl!ralloo & Qu!llly Medlooicalle!llltle5 lnclllliin(JHcpai!ICfsystemandNegatvePI'elll!iure SlateclltlaArtBufle!TrapCollec:tl:m r>AA.Guklel1ne$1$1det'f~rdalklns FoEx!l51obeSaletyBa!redlnntllei'lsick'ttoallowaasyascape ~Conn.tof FlangeCompaf181U ll'tleril761~perN9or>&ISiandard!l Nolott!calshoctingwillbe~d Nocla»ro0111hllning Owner/Applicant: G<ew&l.GaGuntller • ..,_......, 2717Ltll:erA.YGC'IueWest Carlsta::I.Ca92010 160~tl00 Project Data· l..egaiOescripliott: PG!CGIMap1&517 '""'' TIBCI03-12 General~: PI f>larnad lndusti~ Zoning: PM-Pianned~rial APNNoolber: 20!f-08t-38 Adctess: 2717Wsstlaker,Carlsbad.Ca oocu~ Relai&Warehoose &!Ner/Wa'er/SchooiDistrlct: O(yafC.Isbad Noc!lange1Rdelll8!1ds AOT: Clun~ 161Kl&q.ft.@<Wit!J00 .. 67ADT Shoc(ingR;wtga181anes@19·304ADT TObi•S7tADT BuilclilgBr~: TdalBulldng 13932 sq.l. Gun Stile '"' ... Origina1Gun$tote135$;q..ft. Gun Slo~eAdd~lon32t sq.fL Gunl'lllrve 12252 sq.l. GunR<Ingel.anes&AirLockBullel1!8p '"' RarqeWarehouse ""' GunStor.~ge,Chu..t<ou!Couoter&8ackotlioo 434 GunVeNirg&GeneraiArea """ Olla!(l) "' Rnlrol>rnS(4) "' Parking Analysis• ExlsthgP•klng-SOspaceaasslgnedlo2717.LC>k«A.~IUI A$$ignedlo2717LQI!er oo.,., .. Shooti'IQ'Range 2o4$pl'll:l!S t.S~perlane161amt GunSiaref/'300sq.ft.18aOsq.ft. Bspar;es(5.6) lnc:!udl1g~nwarehoosearee Tota!Rsquifed 30&pace~ '"" "'"' ... ... ... ... ... ... I CUP15~0F] I I HowesWeileo&Auociales land U:~e l'laflning & Co~lmtiun 21l88lokei'Aven.ueEast,Suh217 Carlabad,Call2010 700-929-228!!1t<IOS Corrtad:Mid'laeiG.Howes,AICF',Pmtipal okltal-.;@hwplllnnlng.ecm,7110-271-1486 Gunther Guns 2717~Avu.w..t SulleB,Cads!Md,ca 92010 '160-444-1100,fa761).491.0666 ---Gunthl!lrGIIIIS.eon> 2717 Loker Ave. West Carlsbad, Ca 92010 APN: 209-081-38-00 .,_ DRAWING ALE: Gunther Indoor Shooting Range Partial Site Plan ASP-1.1 Print Date: 7/1412016 ~ ~~ GOVERNING DESIGN CODES 2013 Caiif!l"nialkllcir1oCrde ~3 CaliforniaFirecode 2013 CallfornlaPilJ'Ilbi!QCcxle 201! C:al!fanialded1anlc:aiCode 2013Celifll'nla~Codlt 2013 Cal!ltrnli!EnergyCcOe 201s CalrfmllaExlslinaBuildiroCOOe a. .8 ~ g £D i;; .0 .0 " a: 0. t! 1D '§ £D i;; ~ ! ]i di 2013 Ca'ifornla 01'C61l&llk!~ Standelds COde 12' 16' 35'-T 75' Rll"!ll' Qloaning Wa!sr siQragel!lnk and ,.;~anlng IK\Uipmem ~ 8t~PCJCK1lhe eleal"llng process IJ;I!e;lin the SOPmanuallor removing lead in llerAeal"llng oontaminUedwalerpriortodischarQillglntatheCityofCailsbadsewtra,s.1om. Theenfites)J5lemwllbedongbyaShoofng RangeS~a1ivl!halw!ll~ withtheEnclrlaWastewabrAUIIJ:lrlly'&"P~rE!IIIIIIIIn!O!dlnance•asiiOiedln lheSOF'Appendix. 39'-1{r -----------------·---------... -------75' _______________ .. __ _ 8 Lanes i·=~~~=~~~=~~~~~E~~~~-~ ~~=~~~~~~:~~=~~:~:i =~~-. 21 i"exirotll'liJ!iVelcoluml!ltorama0-1 '.f2 t--Naledln41ocalions(Typlcal) -------------------------------45' ---- 32' Conceptual Overall Indoor Range Floor Plan 1/8"; 1'-Q" ~I 12' ~ 'f;,i Sec:...-ityCell"ltQ(WaliOI"Ga"il~illoun:ed) d•canMn.angleol~eno1ed ~ Soc:urityCllrnefaS!'!'klm{WiilliJ~ 1M] ..... "', ... ..,, I Nole;The FnaiSel;urityGameraSystemwilbEII;Iesigrl!Jdbya pmles!DlalseOMi!yoompanyandsu!!mitted'>lhecityaspert "etooart~ovemootplllnsklfapprovalaspertoflhebuikirltl p(lrmitprocess. Total Gun Store 1680 sq.ft 12% Total Indoor Range 12252 sq.ft. 88% t TheprupooadCordtionalliGePermii:'M;IU!dalluwia"thedelrelopmenl.ofa~ lanelndoor~gfiJ108andenaccei;SO!'fQLII\stcreln&t~,93.2squa~efoOI buiklnGJal.Z7t7lokei'AvenueWe5l Thesl1oollrtgrllflge\'i0Wdoecupy12,252 sq. ft. (112% ollhe bulldlngf and lha goo SIOM would occ:tJPr 1680 Gqli8"C feel (t2%ol~bulldlng}. AUuseswouldoccurlnsldEltheb.ildlrJ;Jancfht!rewlltleno modflcalionstotlteexterim'tlflhelilltl. State of the Art Range Lbeffl"ielldydeilgnleetur. CillJniUieSafolyNa1icnaiGuldalinRS SlU"Id Dampeni-Jg & Safety COntJOiofstootlnaar• TargotfraekCobleCarrierSystemforeaeh~ Video-t.ontrot&Si.uvellancasystem !Kate ollie MAll F*ra1ion 8 OJBiil!fMt>cbenical bakws k"ldudingHepa Rlteroe,nd~ Prlii$$U~ StateolfleArtBuletTrapCOII«::iiI"I NRAa.adelh&a!S!dqtyR&eornenrlatielM Fi"eE!dtslobeS61etyBarr$dll"llmlhei"lsldlltullcwnsyese.epa Vlsuel 0oroo1 of Range componeni'S 1nterlor9gnllgefl£J"Hallma1Starxfards Nolactlc:alshoo!ingwiRbeallowed Nocla&&IOOOltrainlflg Owner/Applicant: Gre~:ZJS.l.isaGunther, ............. 2717l..okerAYenuaWesl Carlsbad.Ca92010 760-444-1100 Project Data· L&lfiiiOescriplion: Pa!u!Map19517 """' Tract03-12 GI!TitllliiPiart: PIPiamedlndll!ltrial Zoning: Pt.t·Piannedlndustrial APNNIJ:llber. 209..(181-38 Add.--: 2717West l.oJ(el,Carlribad.Ca ~ RIIU!iiS.Warehouse 'SfNiar!Wfl.er/Sclml{l;slrict: Ci11ofCarlsbad Hocttarrgelndemands GunSkn 16aO~ft.@<IO/'I000'"6?AOf(tS.4) SttootngRI!nge181aneEi @1J:I:o3l<IAOT Totl'II-371ADT BulldlTQBrookdoWn: Totai81Adir!g 13932 sq.ft """"""' '"" <qJ< CrlglnaiG11!1Siore1359cq.fl:. GII!SloJGAddiion32!1fiq.tt ..,,,.,. ""' <ql< GmRangelane$&11kl.ockBullettrap ,,., RatiQOWerehcuse 1012 Gun Stomgo,Checkout Cour"lll!r & Back ofice "' G!JlVe!wlng&G~Area 2587 Olfiee/1) '" Flesb"G~nS(.f) "" Parking AnalYsis· E"iitingParkiog-30~aslipdlo2717L.olwr Avenue Asslgnedb2717l.okcr SOspaoes ~Rang~;! Z4spaces 1.$spaeesperl.ane161anet~ G.JnStorc!J300sq.ftt690sq.fl. 6spaecs(5.&} lncludlngGoowarehouse8rea ToiDIReq..ti"ed SOspaces '""' '"" "" ... ., .. sq. H. ., .. .... ... I CUP 15-69 :=1 I I & Design lilil L!l!_j CONSUL 1JNG PLANNER HIM'!!SWeiler&~lab"!s Lend Use P111111not! S. Cei'IIIUitatiDn 2888Lo'-Aven~East,S!Jie217 Carlabad, Ca920t0 760·9'l&-2281lx<C03 Cootuci.:MichaalG.Howes.AICP,Prlrttipel l'lio:ehow~~ng.eom,780-271·14116 Gunther Guns 2717LoloerAva.We!d SuiteB,Citrhbad,OIIe2010 760-444-1100,1lu;7ti0-496-0666 -.GunttaGuns.ooon 2717 Loker Ave. West carlsbad, ca 9201 o APN: 20!H181-38·00 ..,_ Gunther Indoor Shooting Range Sf£eTTm.E; Conceptual Overall Indoor Range Floor Plan A1.0 Print Date: 7/1412016 ~---... -- GOVERNING DESIGN CODES 2013 CalrromaBI.irt~noca::~e l!OIS Cali~nlaFirec::odu 2013 Callklm!a PUnbl~~gCode 2013 Cal!tmU.IAechanic:aiCada 2013 Cellf;)rniaE!eQtr!ce!Code 2013 CalltJrnlaEnergyCockl 2013 Calitlrn!aExlsllngSuildffvC"'.om 2013 CalllarniaGr:eoBuildlngStandardl!Co:ic <i>~~-=~=-rs~.:OI~~~i~:: ~ RAN"G£ "SET UP: F"OR FIXED TURHIN<:i TAR~. A ~I ~I ;I & TRANSVERSE SECTION 0 RlJ88ER TRAP :· ... ® .. -.~ .. · ··· tmicaf s~niEi•HantiiricfPaftiar FltiotPian··&seelidr.§· Note: These are typical NRA exhibits that depict the construction detailing In a preliminary form. The final construction detailing will be selected upon final determination of products types as determined by our professional designers guidelines. I CUP 15-09~ I I LJU . . . CON_SUL TING PLANNER H-Weler&Auoei!Ps Landlhe~!Wig&Co~n 2888lokerAvenueEasi,SUI!e217 Cm-lsbad. C892010 780-929-228&403 Co:ltsd:MichaeiG.tiOMili,AlCf>,Prildpel rrAehaNes@I"Noplannlng.eorn, 760-271-1486 Gunther Guns 2717L.oiqwAva..West Sult&B, Carbbad,C. 92010 16Q.444.1100,1P;760-49&o0666 ..,_.GtlnthefGUit$.corll 2717 Loker Ave. West Carlsbad, ca 92010 APN: 20~1-38-00 ....... DAAWI~Fl£: Gunther Indoor Shooting Range SI£ETTm.E: Conceptual Private Indoor Range Sections & Layout A2.0 Print Date: 7/1412016 a l..ilq, a l..itq, e.s-.?s .YitrQ' l)'itq, ~EI e.s-.?o .YitrQ' l)'itq, ~EI 3D Isometric Conceptual Indoor Range Floor Plan Prolect QescrJptlon The propo:setl Conc:itiOOal Use Permit wot*l albw for ll1e llewrlcpment al8 silcteen lanelndocnshod'lngrangealrlllll~~sla'~lna1S,932~mfoot bwldlng at 2717Lok.er Avenue West. The Mlootlng ~m!if: WC!Uld ocwpy 12252 aq.lt.(82%~1hebuilditg)8'ldthegunill.lre~ciOCOJpy 1680&qU8Jllfoot {12%oltt.~~ Allusesm~uld~ln$idethe~andthere'"'beno modlflcationslolheextenoroltl1es-e. State of the Art Range l1Hrfrlerdyde5ignfllatures Gu!llllhl&lfetvNatlonaiGlOctellnes Soundlllampening&Safety C<JntrdofGI1ootHlgarea TargetT~CaijeCallierSystamtorei!CI'Ilar1e Vir:leoCanlroi&SI.Irvelllancesyslem Stale ollbe Art Air Fil~an &Oualit;' Meclmlcalleii!LRS lndid'lgHepaFIHersandNagalllle Press~re Siaieofih&AflBulletT'l!PCollec:tfon NAA Guidellles/Safe\y Reeomend!rtiors Fll"e Eldls to be Safely Bml'ed 1rom ll1e mide ta allow easy escape VIsual ConWd of Flal'lg<l! Companellb. lnteric;o'SignoQeperNilbcnaiSiarclomb NotadicelshootJlowlbcallowed Nocla&sroomtr8lntrtg !J. 1--ciJP 15-09 I I I j Planning & Architecture j LWJ - - CONS_Ul TING l'I.ANNER How. Wllitar&AuociatoB landlhef'lanniog&C1l~n 28t!6lok6rAvenueEast,&lile217 Cwklbsd.Ca92010 700-929-228&.<103 Contsct:MichileiG.Kowei,AICP,Prilcipel mbhcwes@lwoplanring.oom, 760-271·1486 Gunther Guns 2711 Laker AlllL West Sull~tB,Cilfl$bad,C.92010 7&0-444o1100,fu;7~ --Guntho:II'Gun!l'.oom 2717 Loker Ave. West Carlsbad, ca 92010 APN: 209-081-38-00 ....... RGR Gunther Indoor Shooting Range 3D Isometric Overall Floor Plan A3.0 PrintDate: 7/1412016 ~· .. ~· ... ~. ~ ,.._ cg-------• ....... -- Existing Constraints & Demolition Approximate 1/8" = 1'-0" ~ Demolition Legend (j) ® @ @ ® @ <V @ Wallstob.remowd Posbtol'l'lllllin l'leoltroo-~oberelrHM!d Resl:rocmstoreloaated,.plln Eldllklggunsta .. toNmlin Exbt~ Electnc•IAJtllllyroomto-arn Exllltlng Rollup Ml!taJ Doors to be replaced whh batlet prwf steelslldingdaordoub!edaorsfOrHMceJ~CC~nS ProvldelkllletS.rltrto~lngRollup Doar I CUP 15-09 ~ I I LWJ . ' CONSULTING PLANNER Howe!!Weim&~ lendUsei'lWJniiQ&Ccl~n 2888LoltarAvenue:Eil5t,Suil<l217 C.!sbad,Ca92010 7tl0-92.s.z!a!!K-403 Contset:MichaeiG.!-!~AICP,Prndp!j lnlkehawlls@hwplannlng.ecm, 78(1.271·1<186 Gunther Guns 2117Lolo;erAva.w..t Suitii-B,.C.Ietad,C.82010 760-444-noo, m 760-49H666 -.Gulltt.erGIIII$.con> :!717 Loker Ave. West Carlsbad, Ca 92010 APN: 209-081-38·00 ........ '"" Gunther Indoor Shooting Range Demofition Floor Plan A4.0 PrlntOate; 7/1412016 PLANNING COMMISSION MEETING Request to Speak (i) , • . JQ Item IS on the agenda. Item # _ _.~.,_ __ D Item IS NOT on the agenda. Topic J{ SUPPORT My Name My Address 0 OPPOSE M A IZ!; C1t r / .. '1:_oo Please hand this slip to the Minutes Clerk seated to the side of the dais. You will be called by name when it is time to speak. Please go to the podium and speak into the microphone. Please state your name for the record. The yellow light will indicate your time is almost up. When you see the red light, please conclude.• *A speaker's remarks are limited to five minutes but may be shortened to three minutes or such shorter time as appropriate under the circumstances and when announced by the Chairperson or at the commencement of the item when, in the opinion of the Chairperson or majorit:y of the Planning Commission, the length and duration of public comments on a public hearing item would be unduly burdensome and prevent or frustrate the Planning Commission from reaching a timely decision on the matter. PLANNING COMMISSION MEETING Request to Speak li\.1tem IS on the agenda. Item# b=-------'C!Sa=-U f D Item IS NOT on the agenda. Topic 1id1suPPORT My Name My Address 0 OPPOSE l)r- G. 5 / I A "~ ... ,JO\ (_o-.rl '-~~ I 0 '11'1 Please hand this slip to the Minutes Clerk seated to the side of the dais. You will be called by name when it is time to speak. Please go to the podium and speak into the microphone. Please state your name for the record. The yellow light will indicate your time is almost up. When you see the red light, please conclude.• *A speaker's remarks are limited to five minutes but may be shortened to three minutes or such shorter time as appropriate under the circumstances and when announced by the Chairperson or at the commencement of the item when, in the opinion of the Chairperson or majority of the Planning Commission, the length and duration of public comments on a public hearing item would be unduly burdensome and prevent or frustrate the Planning Commission from reaching a timely decision on the matter. PLANNING COMMISSION MEETING Request to Speak (i) . • . i Item IS on the agenda. Item# Cv\? )5-0'7 D Item IS NOT on the agenda. Topic 0 SUPPORT O OPPOSE My Name 1)AJ,a My Address Please hand this slip to the Minutes Clerk seated to the side of the dais. You will be called by name when it is time to speak. Please go to the podium and speak into the microphone. Please state your name for the record. The yellow light will indicate your time is almost up. When you see the red light, please conclude.• *A speaker's remarks are limited to five minutes but may be shortened to three minutes or such shorter time as appropriate under the circumstances and when announced by the Chairperson or at the commencement of the item when, in the opinion of the Chairperson or majority of the Planning Commission~ the length and duration of public comments on a public hearing item would be unduly burdensome and prevent or frustrate the Planning Commission from reaching a timely decision on the matter. PLANNING COMMISSION MEETING Request to Speak (i) . . . ~ Item IS on the agenda. Item # CVP IS -t::,q D Item IS NOT on the agenda. Topic ti( SUPPORT My Name My Address 0 OPPOSE /3,J/ .:, MS Please hand this slip to the Minutes Clerk seated to the side of the dais. You will be called by name when it is time to speak. Please go to the podium and speak into the microphone. Please state your name for the record. The yellow light will indicate your time is almost up. When you see the red light, please conclude.• *A speaker's remarks are limited to five minutes but may be shortened to three minutes or such shorter time as appropriate under the circumstances and when announced by the Chairperson or at the commencement of the item when, in the opinion of the Chairperson or majority of the Planning Commission, the length and duration of public comments on a public hearing item would be unduly burdensome and prevent or frustrate the Planning Commission from reaching a timely decision on the matter. PLANNING COMMISSION MEETING Request to Speak (i) • . ~tern IS oo th•0~d,. Item# 0 Item IS NOT on the agenda. Topic ~UPPORT O OPPOSE My Name Mll {N)ll 1bw&e\ck,v My Address Please hand this slip to the Minutes Clerk seated to the side of the dais. You will be called by name when it is time to speak. Please go to the podium and speak into the microphone. Please state your name for the record. The yellow light will indicate your time is almost up. When you see the red light, please conclude.* "'A speaker's remarks are limited to five minutes but may be shortened to three minutes or such shorter time as appropriate under the circumstances and when announced by the Chairperson or at the commencement of the item when, in the opinion of the Chairperson or majority of the Planning Commission, the length and duration of public comments on a public hearing item would be unduly burdensome and prevent or frustrate the Planning Commission from reaching a timely decision on the matter. PLANNING COMMISSION MEETING Request to Speak ·')( Item IS on the agenda. Item# 6 D Item IS NOT on the agenda. Topic ,MlsuPPORT My Name My Address 0 OPPOSE iborvia') (7.2. r,. // ' ..L..>' I . . •' l Please hand this slip to the Minutes Clerk seated to the side of the dais. You will be called by name when it is time to speak. Please go to the podium and speak into the microphone. Please state your name for the record. The yellow light will indicate your time is almost up. When you see the red light, please conclude.* *A speaker's remarks are limited to five minutes but may be shortened to three minutes or such shorter time as appropriate under the circumstances and when announced by the Chairperson or at the commencement of the item when, in the opinion of the Chairperson or majority of the Planning Commission, the length and duration of public comments on a public hearing item would be unduly burdensome and prevent or frustrate the Planning Commission from reaching a timely decision on the matter. i I Civil Engineering • Surveying Carlsbad City Planning Commission ATTN: Planning Commission Clark 1635 Faraday Avenue Carlsbad, CA 92008 August 17, 2016 Hand Delivered RE: CUP 15-09 Gunther Greens Shooting Range Dear Commissioners: I am the owner of O' Day Consultants, Inc. and maintain on office directly across the street from The Gunther Guns proposed shooting range. O'Day Consultants employs approximately 25 employees. Many of our employees are gun owners, hunters, and shooters and are very much in favor of this project. We believe there are too few quality shooting ranges in San Diego County, and those that are require a 45 minute to one hour trip from our Carlsbad office. The Gunther Gun Range will offer convenient, high quality target range opportunities for many in the North County area as well as Carlsbad. We urge that you do approve CUP 15-09 at tonight's hearing. Thank you for your consideration. PO/tan O'Day Consultants Inc. 2710 Loker Avenue West. Suite 100 Carlsbad, Cal1torn1a 92008-6603 Very truly yours, O'DAY CONSU TANTS, INC. Pat 'Day E-mail: oday@odayconsultants.corn Website: www.odayconsultants.com Tel: 760.931.7700 Fax: 760.931.8680 ITEM 6 Farah Nisan C From: Sent: Don Neu Tuesday, August 16, 2016 7:43 AM Farah Nisan; Jason Goff To: Subject: FW: Gunther Gun Range From: James Craig [mailto:7jkcraig@att.net] Sent: Tuesday, August 16, 2016 6:35 AM To: Don Neu Subject: Gunther Gun Range Mr. Don Neu Carlsbad Planning Commission It is my pleasure to provide you with this email of support for the Gunther Gun Range. I have been a resident of Carlsbad since 1980 and have worked in the armed security field for over 30 years. In that time, it was my hope that someday the residents of Carlsbad would have a high quality, recreational range built within the city to provide education and safety instruction in the handling of firearms. I have known Greg and Lisa Gunther since they originally opened their business in Carlsbad. They are very professional, knowledgeable, dedicated and caring in the field of firearms training. Their goal is to serve the needs of the citizens of not only Carlsbad but the North County. In my opinion, there is a significant demand for a facility of this nature as more people are purchasing firearms and, because of this, you want to ensure that they are properly trained. C Gun safety is imperative because people are going to continue to purchase firearms and that is why I highly recommend the approval of · the plans for the development of this very important facility. Thank you for your consideration. Jim Craig C 1 C C C Farah Nisan From: Sent: To: Subject: Dear Jason: Paul Rowan <paul@rowanelectric.com> Sunday, January 31, 2016 7:45 AM Jason Goff Gunther's Guns Shooting Range CUP-15-09 Thank you for the early notice regarding Gunther's Guns proposed shooting range. ITEM 6 Assuming there will be public responses to the early notice, I would like to go on record IN SUPPORT of the proposed shooting range. Please advise if hearings or public forums are planned. · Thank you. Paul Rowan Rowan Electric 0. 760.692.0700 I f. 760.692.0707 I C. 619.719.8525 2778 Loker Avenue West, Carlsbad, CA 92010 1