O00-73ORDINANCE NO. O0
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA, AMENDING
CHAPTER NINE, ENTITLED "FIRE PROTECTION AND
PREVENTION", OF THE CITY CODE BY CREATING AND
ESTABLISHING ARTICLE vm "HAZARDOUS
MATERIALS" REGULATIONS, SECTION 9-71,
"DISCLOSURE AND SAFETY REQUIREMENTS",
PROVIDING FOR DEFINITION, EXEMPTIONS FROM
DISCLOSURE AND ENFORCEMENT; PROVIDING FOR
CONFLICT, COD~ICATION, SEVERABILITY AND AN
EFFECTIVE DATE.
WHEREAS, Chapter 9 of the City Code of Ordinances of the City of Boynton Beach
provides the City with the power to enact legislation for purpose of prescribing regulations
governing conditions hazardous to fire, property and environment;
WHEREAS, staff has recommended the creation of a new article and section of
Chapter 9 to regulate the use, handling, storage or storing of hazardous materials within the
City of Boynton Beach;
WltEREAS, upon recommendation of staff, the City Commission of the City of
Boynton Beach has deemed it to be in the best interest of citizens and residents to create a
new article and section to regulate Hazardous Materials.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
Section 1. That Chapter 9 is hereby amended to create Article vm, entitled
"Hazardous Materials", Section 9-71 entitled "Disclosure and Safety Requirements", to read
as follows:
Section 9.71 Disclosure and Safety Requirements.
Definitions. For the purpose of this section, the terms listed below shall be defined as
follows, provided however, references to statutes or regulations in existence at the
time this section is adopted shall also include references to such statutes or
regulations as they may be amended from time to time:
Carcinogen: refers to a substance, which causes cancer. For purposes of the
section, carcinogens are those substances specified on the list developed by the
United States Department of Health and Human Services in its Annual
Reports on Carcinogens.
2. CAS Number: the unique identification name as assigned by the Chemical
Abstracts Services to specific chemical substances.
3. Chemical name: the scientific designation ora substance in accordance with
the International Union of Pure and Applied Chemistry of the system developed by
the Chemical Abstracts Services.
4. Common name: a designation of identification such as code name, code
number, trade name or brand name used to identify a substance other than by its
chemical name.
Disclosure form: the "Hazardous Material Information Form" provided by the
City of Boynton Beach Fire Rescue Department.
Environmental Review: All businesses which would be located within the city
shall state, as part of the occupational license application, whether the
business would use, handle, store,
or display hazardous materials or generate hazardous waste, as defined by 40
Code of Federal Regulations, Pm-t 261, in which case the business shall
require a City Environmental Review Permit. (Ord. No. 94-'15, & 1,6-21-94; Ord. No. 95-22,
& 2, 7-5-95)
7. Handle: to generate, treat, use, or dispose of a hazardous material in any
fashion.
8. Handler: any person who handles a hazardous material.
9. Hazardous Material: any substance or product for which the manufacturer or
producer is required to prepare a Material Safety Data Sheet (MSDS) for the
substance or product pursuant to the Superfund Amendments and Reauthorization Act
(SARA) Title, 1II, October, 1986 and/or Chapter 252, Florida Statutes the Florida
Hazardous Materials Emergency Response and Community Right-To-know Act, July,
1988, provided that a substance may additionally be deemed a hazardous material or
hazardous waste upon a finding by the Fire Chief that the substance, because of its
quantity, concentration or physical or chemical characteristics, poses a significant
potential hazard to human health and safety or to the environment if released into the
community. Should the Fire Chief at any time determine that otherwise exempted
materials should be subiect to disclosure, the Fire Chief may require the submission
of a disclosure form.
10. Hazardous waste: any material that is identified in the Code of Federal
Regulations, Title, 40, Sections 261.31-261.33.
11. Health official: the Health Officer with authority in the Ci_ty of Boynton
Beach, Florida.
12. MSDS: a Material Safety Data Sheet prepared pursuant to regulations
indicated in paragraph 8 above.
13. Person: an individual, trust, firm, joint stock company, corporation,
partnership, or association.
14. Physician: any person recognized as a physician under Florida law.
15. SIC Code: the identification number assigned by the Standard Industrial
Classification Code to specific types of businesses.
16. Recovery: as defined in Palm Beach County Regional Hazardous Materials
Response Plan.
17. Storage or storing the containment of substances or materials in such a manner
as not to constitute disposal of such substances or materials.
18. Use:includes the handling, processing, or storage of a hazardous material.
19. User: any person who uses a hazardous substance or handles a hazardous
waste.
(b) Filing of a Hazardous Material Disclosure Form.
1. Any person who uses or handles a hazardous material must semiannually,
o
during the months of January and July, submit a complete disclosure form to
the Boynton Beach Fire Rescue Department.
Any person, who, during the calendar year, for the first time becomes a user or
handler of any hazardous material, must submit a completed disclosure form
to the Boynton Beach Fire Rescue Department within fifteen (15) days of
becoming a user or handler. Thereafter, any such user or handler shall comply
with the provisions of Subsection (b) (1) above.
The City of Bovnton Beach Fire Rescue Department may, upon written notice,
(c)
require the submittal of a disclosure form of any user or handler. The user or
handler shall submit a completed disclosure form within fifteen (15) days.
Any person required to submit a disclosure form pursuant to this Section shall
o
file with the Boynton Beach Fire Rescue Department an updated disclosure
form within fifteen (15) days of any of the following:
a) A change in business address.
b) A change in business ownership.
c) A change in business name.
d) Cessation of business operations.
e) The use or handling of a previously undisclosed hazardous material.
fl A significant change in the use, handling, or manufacturing of a hazardous
material for which disclosure has been previously made.
g) The hazardous characteristics of every hazardous material disclosed,
including, but not limited to, toxicity, flammability, reactivity, and
corrosivity as may be required by the Fire Rescue Department.
Upon request, all users must provide the following information:
a) To the Fire Rescue Department, any information determined by the
Department to be necessary_ to protect the public health, safety, or the
environment.
b) To any physician, where the physician determines that such
information is necessary to the medical treatment of his or her patient
and to the extent allowed by law.
Exemptions From Disclosure. The following materials or persons are exempt from
disclosure requirements:
1. Hazardous materials or substances contained in food, drag, cosmetic, or
tobacco products.
2. Hazardous materials contained solely in consumer products packaged for use
by and distributed to the general public unless the product is repackaged or
altered in any way; provided, however, the manufacture and distribution of
these products are not exempt. However, pesticides, herbicides, and
ammonium nitrate fertilizers over the required disclosure amounts are not
exempt from disclosure.
(d)
Any person, while engaged in the transportation or storage of hazardous
materials, within the provisions of Title 49 of the Code of Federal
Regulations, Subchapter c, as exists or as hereafter amended or changed.
Infectious waste generated by hospitals, medical centers, clinics, and other
health care facilities.
Identification of Areas; keyed lock box; identification placards.
When required by the Fire Rescue Department, any person submitting a
disclosure form may be required to install an approved keyed lock box to store
safe _ty data sheets, floor plans, site plans, and building access keys for
authorized use in the case of an emergency. If required by the Fire Rescue
Department, the approved keyed lock box must be installed within ninety (90)
days of receipt of a written notice from the Fire Rescue Department. The
specifications and location of the required keyed lock box shall be as
designated by the Fire Rescue Department. The National Fire Protection
Association (NFPA) Standard 704, Standard System for Identification of the
Fire Hazards of Materials, shall be incorporated with the application of the
keyed lock box to provide exterior warning symbols for emergency
responders. Hazardous materials identification placard(s) shall be installed in
accordance with NFPA Standard 704.
The Fire Rescue Department may direct that the items specified above be
revised or reinstalled at any time. The City shall bear no expense for initial or
subsequent work required of a user under this section.
Record keeping; exemption fi:om public disclosure.
Upon receipt of a disclosure form, the Fire Rescue Department shall maintain
files of all disclosure forms received.
Under the provisions of 252.88(3), Florida Statutes, any and all information,
including but not limited to, site plans and specific location information on
hazardous materials furnished to the Fire Rescue Department pursuant to this
section shall be confidential and exempt from the provisions of $1 19.07(1),
Florida Statutes.
Enforcement. The Fire Chief or designee is authorized and empowered to enforce the
provisions of this Chapter. The enforcement may include the inspection of hazardous
materials in use, storage, or disposal, review of hazardous materials records, the
sampling and testing of hazardous materials and other activities directly related to the
enforcement of this section. No person shall obstruct or interfere with the Fire Chief
or designee in the performance of these duties.
Violations. In addition to the penalties and remedies provided in section 252.66,
Florida Statutes, any violations of the provisions of this section shall be punishable as
provided for in section 2-91 and 9-61 of the Ci_ty of Boynton Beach Code of
Ordinances.
Section 2:
Should any section or provision of this ordinance or any portion thereofi any
paraffrat~h, sentence or word be declared by a court of competent jurisdiction
to be invalid, such decision shall not affect the validity of the remainder
hereof as a whole or any part thereof other than the part declared to be invalid.
SECTION 6. EFFECTIVE DATE.
This Ordinance shall take effect on the
__ day of ,2000.
FIRST READING this O'day of December, 2000
SECOND, AND FINAL READING AND ADOPTED this /~ day of~g22000.
Cott~/~sioner
ommissi..oner
Commissioner
ATTEST:
~%.~"~terials 112700
~-
NEW ORDINANCE PROPOSAL CHAPTER 9
ARTICLE VIII SECTION 9-71
TITLE "HAZARDOUS MATERIALS"
JUSTIFICATION:
Hazardous substances and hazardous waste which are present in the community may
pose acute and chronic health hazards to individuals who live and work in the City of
Boynton Beach if such individuals are exposed to these substances as a result of rites,
spills, industrial accidents or other types of releases or emissions. Emergency service
personnel in the City have a need to know of the use and dangers of hazardous materials
in the community in order to plan for the response to potential emergencies and exposure
to such materials. Basic information on the location, type and the health dsks of
hazardous materials being used or stored in the City is not now sufficiently available to
firefighters, health officials, planners, and other emergency response personnel.
Disclosure of such information is essential to these persons in meeting their
responsibilities for the health and welfare of the community.
The enclosed Ordinance furthers the above objectives by: 1) requiring users of hazardous
materials to file and update a semiannual Hazardous Material Disclosure Form with the
Boynton Beach Fire Rescue Department; 2) requiring users of hazardous materials, upon
request by the Boynton Beach Fire Rescue Department, to install an approved keyed lock
box to store safety data sheets, floor plans, site plans and building access keys for
authorized use in the case of an emergency; 3) providing record keeping and
incorporating an exemption from public disclosure, as provided by Florida law; 4)
authorizing the Fire Chief to enforce this section; and 5) providing that violations of this
ordinance shall be punishable as provided in Section 252 Florida Statutes as well as in
Section 2-91 of the City Code.
ARTICLE VIII HAZARDOUS MATERIALS
SECTION 9-71 DISCLOSURE AND SAFETY REQUIREMENTS
(a)
Definitions. For the purpose of this section, the terms listed below shall be defined as
follows, provided however, references to statutes or regulations in existence at the time
this section is adopted shall also include references to such statutes or regulations as
they may be amended from time to time:
Carcinogen: refers to a substance which causes cancer. For purposes of the
section, carcinogens are those substances specified on the list developed by the
United States Department of Health and Human Services in its Annual Reports
on Carcinogens.
CAS Number: the unique identification name as assigned by the Chemical
Abstracts Services to specific chemical substances.
Chemical name: the scientific designation of a substance in accordance with the
International Union of Pure and Applied Chemistry of the system developed by
the Chemical Abstracts Services.
Common name: a designation of identification such as code name, code
number, trade name or brand name used to identify a substance other than by its
chemical name.
Disclosure form: the "Hazardous Material Information Form". provided by the City
of Boynton Beach Fire Rescue Department.
Environmental Review: Boynton Beach Code of Ordinances 13-25
All businesses which would be located within the city shall state, as part of the
occupational license application, whether the business would use, handle, store,
or display hazardous materials or generate hazardous waste, as defined by 40
Code of Federal Regulations, Part 261, in which case the business shall require
a City Environmental Review Permit. (Ord. No. 94-15, & 1,6-21-94; Ord. No. 95-
22, & 2, 7-5-95)
Handle: to generate, treat, use, or dispose of a hazardous material in any
fashion.
Handler: any person who handles a hazardous material.
10.
11.
12.
13.
14.
15.
16.
17.
18.
19.
Hazardous Material: any substance or product for which the manufacturer or
producer is required to prepare a Material Safety Data Sheet (MSDS) for the
substance or product pursuant to the Superfund Amendments and
Reauthorization Act (SARA)Title, III, October, 1986 and/or Chapter 252, Florida
Statutes the Florida Hazardous Materials Emergency Response and Community
Right-To-Know Act, July, 1988, provided that a substance may additionally be
deemed a hazardous material or hazardous waste upon a finding by the Fire
Chief that the substance, because of its quantity, concentration or physical or
chemical characteristics, poses a significant potential hazard to human health
and safety or to the environment if released into the community. Should the Fire
Chief at any time determine that otherwise exempted materials should be subject
to disclosure, the Fire Chief may require the submission of a disclosure form.
Hazardous waste: any material that is identified in the Code of Federal
Regulations, Title, 40, Sections 261.31-261.33.
Health official: the Health Officer with authority in the City of Boynton Beach,
Florida. '~
MSDS: a Material Safety Data Sheet prepared pursuant to regulations indicated
in paragraph 8 above.
Person: an individual, trust, firm, joint stock company, corporation, partnership,
or association.
Physician: any person recognized as a physician under Florida law.
SIC Code: the identification number assigned by the Standard Industrial
Classification Code to specific types of businesses.
Recovery: as defined in Palm Beach County Regional Hazardous Materials
Response Plan.
Storage or stodng: the containment of substances or materials in such a man~er
as not to constitute disposal of such substances or materials.
Use: includes the handling, processing, or storage of a hazardous material.
User: any person who uses a hazardous substance or handles a hazardous
waste.
2
(b) Firing of a Hazardous Material Disclosure Form.
Any person who uses or handles a hazardous material must semiannually,
during the months of January and July, submit a complete disclosure form to the
Boynton Beach Fire Rescue Department.
Any person, who, during the calendar year, for the first time becomes a user or
handler of any hazardous material, must submit a completed disclosure form to
the Boynton Beach Fire Rescue Department within fifteen (15) days of becoming
a user or handler. Thereafter, any such user or handler shall comply with the
provisions of Subsection (b) (1) above.
The City of Boynton Beach Fire Rescue Department may, upon written notice,
require the submittal of a disclosure form of any user or handler. The user or
handler shall submit a completed disclosure form within fifteen (15) days.
Any person required to submit a disclosure form pursuant to this Section shall file
with the Boynton Beach Fire Rescue Department an updated disclosure form
within fifteen (15) days of any of the following:
a) A change in business address.
b) A change in business ownership.
c) A change in business name.
d) Cessation of business operations.
e) The use or handling of a previously undisclosed hazardous material.
f) A significant change in the use, handling, or manufacturing of a hazardous
material for which disclosure has been previously made.
g) The hazardous characteristics of every hazardous material disclosed,
including, but not limited to, toxicity, fiammability, reactivity, and corrosivity as
may be required by the Fire Rescue Department.
Upon request, all users must provide the following information: - --
a) To the Fire Rescue Department, any information determined by the
Department to be necessary to protect the public health, safety, or the
environment.
b) To any physician, where the physician determines that such information is'
necessary to the medical treatment of his or her patient and to the extent
allowed by law.
(c)
Exemptions From Disclosure. The following materials or persons are exempt from
disclosure requirements:
1. Hazardous materials or substances contained in food, drug, cosmetic, or tobacco
products.
2. Hazardous materials contained solely in consumer products packaged for use by
and distributed to the general public unless the product is repackaged or altered
in any way; provided, however, the manufacture and distribution of these
products are not exempt. However, pesticides, herbicides, and amm°nium nitrate
fertilizers over the required disclosure amounts are not exempt from disclosure.
3. Any person, while engaged in the transportation or storage of hazardous
materials, within the provisions of Title 49 of the Code of Federal Regulations,
Subchapter c, as exists or as hereafter amended or changed.
4. Infectious waste generated by hospitals, medical centers, clinics, and other
health care facilities.
(d)
Identification of Areas; keyed lock box; identification placards.
When required by the Fire Rescue Department, any person submitting a
disclosure form may be required to install an approved keyed lock box to store
safety data sheets, floor plans, site plans, and building access keys for
authorized use in the case of an emergency. If required by the Fire Rescue
Department, the approved keyed lock box must be installed within ninety (90)
days of receipt of a wdtten notice from the Fire Rescue Department. The
specifications and location of the required keyed lock box shall be as designated
by the Fire Rescue Department. The National Fire Protection Association (NFPA)
Standard 704, Standard System for Identification of the Fire Hazards of
Materials, shall be incorporated with the application of the keyed lock box to -'
provide extedor warning symbols for emergency responders. Hazardous
materials identification placard(s) shall be installed in .accordance with NFPA
Standard 704.
The Fire Rescue Department may direct that the items specified above be
revised or reinstalled at any time. The City shall bear no expense for initial or
subsequent work required of a user under this section.
4
(e)
Record keeping; exemption from public disclosure.
Upon receipt of a disclosure form, the Fire Rescue Department shall maintain
files of all disclosure forms received.
Under the provisions of 252.88(3), Florida Statutes, any and all information,
including but not limited to, site plans and specific location information on
hazardous materials furnished to the Fire Rescue Department pursuant to this
section shall be confidential and exempt from the provisions of $119.07(1 ),
Florida Statutes.
(0
(g)
Enforcement. The Fire Chief or designee is authorized and empowered to enforce the
provisions of this Chapter. The enforcement may include the inspection of hazardous
materials in use, storage, or disposal, review of hazardous materials records, the
sampling and testing of hazardous materials, and other activities directly related to the
enforcement of this section. No person shall obstruct or interfere with the Fire Chief or
designee in the performance of these duties.
Violations. In addition to the penalties and remedies provided in section 252.66, Florida
Statutes, any violations of the provisions of this section shall be punishable as provided
for in section 2-91 and 9-61 of the City of Boynton Beach Code of Ordinances.
Section 2:
Should any section or provision of this ordinance or any portion thereof, any
paragraph, sentence or word be declared by a court of competent jurisdiction to
be invalid, such decision shall not affect the validity of the remainder hereof as a-
whole or any part thereof other than the part declared to be invalid.
5