§ 9.52.120. Chapter 27, Hazardous Materials—General Provisions, amended  


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  • International Fire Code, 2009 Edition, Chapter 27, Hazardous Materials—General Provisions, is hereby adopted in its entirety with the following amendments:

    9.52.120.1 Section 2703.3.1.1 Records, amended. International Fire Code, 2009 Edition, Section 2703.3.1.1 Records, is hereby amended to read as follows:

    2703.3.1.1 Records. Any person, firm, or corporation responsible for any unauthorized discharge reportable under subsection 2703.3.1.5(a) shall maintain accurate records of the unauthorized discharge of hazardous materials including the date, time, material, and quantities. Such records shall be kept for at least three years from the date of the unauthorized discharge, and shall be subject to inspection by the fire official upon request. Any person who knowingly falsifies or destroys such records shall be in violation of this Code.

    9.52.120.2 Section 2703.3.1.5 Response Expenses, amended. International Fire Code, 2009 Edition, Section 2703.3.1.5 Response Expenses, is hereby amended to read as follows:

    2703.3.1.5 Response Expenses. Any person or persons causing or responsible for an abandonment or an unauthorized discharge or threatened unauthorized discharge of hazardous materials resulting in emergency action, other than routine investigation by the fire department, the department of environmental services, or any other city department, shall be jointly and severally liable to the city for its reasonably and necessarily incurred expenses, as defined below, resulting from such emergency action. Hazardous materials response expenses are defined as those non-reusable materials and supplies which are required for responding to hazardous materials emergencies and which are actually expended in an emergency action. Hazardous materials response expenses are defined to also include reusable response equipment which is required for responding to hazardous materials emergencies and which is rendered non-reusable during an emergency action due to damage other than by wear and tear. Hazardous materials response expenses shall include all labor costs, to include but not be limited to overtime expenditures, necessary to mitigate the emergency action. Hazardous materials responses are not considered to be routine firefighting services. Hazardous materials response expenses shall not include routine firefighting services.

    9.52.120.3 Section 2703.3.1.6 Local reporting requirements, added. International Fire Code, 2009 Edition, Section 2703.3.1.6 Local reporting requirements, is hereby added to read as follows:

    2703.3.1.6 Local reporting requirements. The fire official shall be immediately notified by the person, firm or corporation responsible when an unauthorized discharge within the city limit boundaries or within the city's extra territorial jurisdictional boundaries, becomes reportable under state, or federal laws or as follows:

     a. Any unauthorized discharge of a hazardous material which presents an endangerment to public health, public welfare, or the environment, or any unauthorized discharge of a flammable or combustible material which presents a fire hazard, or any unauthorized discharge of a hazardous material or exposure that results in an injury requiring transport to an off-site medical facility.

     b. The person who has care, custody or control of property, materials or equipment shall promptly notify the Fire Official by calling 911 immediately upon discovery of an unauthorized discharge of any hazardous material reportable under subsection 2703.3.1.5(a) above. Immediate notification as required in this section shall be performed prior to or concurrently with necessary initial response actions, but under no conditions shall notification be delayed unnecessarily. At the time of notification the following information shall be provided:

     1) What is the location of the incident?

     2) Has there been a fire or explosion?

     3) Is anyone sick or injured?

     4) What is the chemical name or identity of any material involved in the release, if known?

     5) If chemical name is unknown are any diamond shaped or other markings visible on the vehicle or container? (colors/names/numbers/symbols)

     6) What type of vehicle or container is involved?

     7) What is an estimate of the quantity of material that was released?

     8) What was the time and duration of the release?

     9) Is there any smoke or vapor cloud visible, audible sounds or unusual odor?

     10) The name and telephone number of the person — or persons to be contacted for further information.

    9.52.120.4 Section 2706 Transportation of Hazardous Materials, added. International Fire Code, 2009 Edition, Section 2706 Transportation of Hazardous Materials, is hereby added to read as follows:

    2706
    TRANSPORTATION OF HAZARDOUS MATERIALS

    2706.1 Standing or parking. It is unlawful for a motor carrier or operator to allow motor vehicles used to transport hazardous materials to stand or park on any street, alley or lot within the limits of the city, except as provided for in accordance with Section 3406.6.2 of this Code, unless the fire official issues a permit allowing such standing or parking. In granting or refusing such permit, the fire official shall be governed by the safety of the area in which the motor vehicle containing the hazardous material or materials is to be parked, and in accordance with 49 CFR 397.3, and as may be amended.

(Ord. No. 17423, 9-21-2010, eff. 1-1-2011; Ord. No. 17859, § 1, 8-21-2012)