04-028!
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
ORDINANCE NO. 0 04-002
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA, AMENDING
CHAPTER 9, "FIRE PROTECTION AND PREVENTION,"
AMENDING SECTION 9-30, "DUTIES OF OFFICERS" OF
THE CODE OF ORDINANCES, AUTHORIZING OFFICERS
OF THE FIRE AND LIFE SAFETY DIVISION TO
ENFORCE ALL LAWS CONCERNING TOXIC
SUBSTANCES; AMENDING SECTION 9-71,
"DISCLOSURE AND SAFETY REQUIREMENTS," OF THE
CODE OF ORDINANCES, REQUIRING A HAZARDOUS
MATERIAL DISCLOSURE/TOXIC SUBSTANCE PERMIT
FOR ALL BUSINESSES, NEW AND EXISTING, USING,
HANDLING, STORING, OR DISPLAYING HAZARDOUS
OR TOXIC SUBSTANCES; PROVIDING FOR CONFLICTS,
SEVERABILITY, CODIFICATION AND AN EFFECTIVE
DATE.
WHEREAS, the Code of Federal Regulations and the Florida Administrative Code
contain rules and regulations governing the use, handling, storage, and display of hazardous
materials, hazardous waste, and toxic substances; and
WHEREAS, the City of Boynton Beach Fire and Life Safety Division has determined
that it is necessary to clarify Chapter 9 of the City's Code of Ordinances to specify that the use,
handling, storage, and display of hazardous materials, hazardous waste, and toxic substances are
included within the duties of the division and are to be considered by the City when reviewing
applications for Hazardous Material Disclosure/Toxic Substance Permits and when performing
annual inspections on businesses engaged in the use, handling, storage, and display of hazardous
materials, hazardous waste, and toxic substances; and
WHEREAS, the City Commission has determined that it is necessary to amend Chapter
9 of the Code of Ordinances to authorize officers of the Fire and Life Safety Division to enforce
S:\CA\Ordinances~Fire - Chapter 9\ERC Ord - Chapter 9.doc
Page 1 of 9
4
6
9
10
11
12
13
14
15
16
17
18
19
2O
21
22
all laws, rules, and ordinances pertaining to toxic substances, in addition to hazardous materials
and hazardous waste; and
WHEREAS, hazardous materials, hazardous waste, and toxic substances have potentially
adverse and lasting effects on humans and on the environment if such substances are not stored,
used, or handled properly;
WHEREAS, under an annual inspection program, the Fire-Rescue Division of the City
will monitor businesses and sites where the use, handling, storage, or display of hazardous
materials, hazardous waste, or toxic substances occurs to assure compliance with the City's Code
of Ordinances and Land Development Regulations and applicable state and federal regulations;
and
WHEREAS, an annual inspection program will assist in protecting the citizens of
Boynton Beach and the environment from long-term, lasting effects, which have the potential of
adversely affecting the quality of life within the municipal limits of the City of Boynton Beach;
and
WHEREAS, it is the desire of the City Commission to ensure that the use, handling,
storage, and display of toxic substances is reviewed by the City in connection with applications
for Hazardous Material Disclosure/Toxic Substance Permits and in connection with annual
inspections and reinspections of businesses required to secure and maintain such a permit; and
WHEREAS, the City Commission of the City of Boynton Beach, Florida upon
recommendation of staff, has determined that it is in the best interests of the citizens and
residents of the City to amend Chapter 9 regarding the regulation of the use, handling, storage,
and display of hazardous materials, hazardous waste, and toxic substances.
S:\CA\Ordinances\Fire - Chapter 9~ERC Ord - Chapter 9.doc
Page 2 of 9
2
3
4
5
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA, THAT:
Section 1. That Chapter 9, "Fire Protection and Prevention," Article 1II, "Fire and
Life Safety Division," Section 9-30, "Duties of officers," of the Code of Ordinances of the City
of Boynton Beach is hereby amended to state as follows:
ARTICLE III. FIRE AND LIFE SAFETY DIVISION
Sec. 9-30. Duties of officers.
It shall be the duty of the officers of the Fire and Life Safety Division, identified
in Section 9-29, to enforce all laws and ordinances concerning the following:
(a) The prevention of fires.
(1) Inspection.
(2) Plan review.
(3) Public education.
(4) Enforcement.
(b) The storage and use of explosive, flammable, and hazardous materials, and
toxic substances.
Section 2. That Chapter 9, "Fire Protection and Prevention," Article VIII, "Hazardous
Materials," Section 9-71, "Disclosure and safety requirements," of the Code of Ordinances of the
City of Boynton Beach is hereby amended to state as follows:
ARTICLE VIII. HAZARDOUS MATERIALS AND TOXIC SUBSTANCES
Sec. 9-71. Disclosure and safety requirements.
S:\CA\Ordinances\Fire - Chapter 9~ERC Ord - Chapter 9.doc
Page 3 of 9
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
(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 statures or
regulations as they maybe amended from time to time:
(1)
Carcinogen: refers to a substance which causes cancer. For purposes of
this 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 specific designation of a 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.
(5)
Disclosure form: the "Hazardous Material Information/Toxic Substance
Permit Form" provided by the City of Boynton Beach Fire Rescue
Department.
(6)
Environmental Review: All businesses which would be located within the
city shall state, as part of the occupational license application or renewal,
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 C--it-y
Envirom~.¢nta! Review Hazardous Material Disclosure/Toxic Substance
Permit.
(7)
Handle: to generate, treat, use, or dispose of a hazardous material or toxic
substance in any fashion.
(8) Handler: any person who handles a hazardous material or toxic substance.
(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
S:~CA~Ordinances~Fire - Chapter 9~ERC Ord - Chapter 9.doc
Page 4 of 9
6
7
8
9
10
11
12
13
14
15
16
17
18
19
2O
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
4O
41
42
43
(10)
(11)
(12)
(13)
(14)
05)
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 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.
(16) Recovery: as defined in Palm Beach County Regional Hazardous
Materials Response Plan.
(17)
(18)
(19)
(20)
Storage or storing the containment of substances or materials in such a
manner as not to constitute disposal of such substances or materials.
Use: includes the handling, processing, or storage of a hazardous material
or toxic substance.
User: any person who uses or handles a hazardous substance, or-hamt~
hazardous waste, or toxic substance.
Toxic Substance: Any substance listed in the Florida Substance List, as
set forth Rule 4A-62-004, Florida Administrative Code.
S:~CA\Ordinances~Fire - Chapter 9~ERC Ord - Chapter 9.doc
Page 5 of 9
6
7
8
9
10
11
12
13
14
15
16
17
18
19
2O
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
(b)
(1)
(2)
(4)(5)
Filing of a Hazardous Material Disclosure/Toxic Substance Permit Form.
Any person applying for site plan review, building permits, or an
occupational license shall disclose on the application whether hazardous
material, hazardous waste, or toxic substances will be used, stored,
displayed, generated, or handled, and if so, a disclosure permit form must
be completed and filed with the Boynton Beach Fire Rescue Department.
Any person who uses, stores, displays, or handles a hazardous material or
toxic substance must ~ ...... u., ,~,,,4~ +~. .... +~ ~c January and
· at-y, on an annual basis, submit a completed disclosure permit form to
Boynton Beach Fire Rescue Department. Inspection fees shall be the
amount(s) as provided chapter 13 of this code.
Any person who, during the calendar year, for the first time becomes a
user or handler of any hazardous material or toxic substance must submit a
completed disclosure permit 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 permit form of any user or
handler. The user or handler shall submit a completed disclosure permit
for within fifteen (15) days.
Any person required to submit a disclosure permit form pursuant to this
Section shall file with the Boynton Beach Fire Rescue Department and
updated disclosure permit form on an annual basis at the same time as any
occupational license renewal or 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.
The use or handling of a previously undisclosed hazardous material
or toxic substance.
S:\CA\Ordinances~Fire - Chapter 9~ERC Ord - Chapter 9.doc
Page 6 of 9
6
7
8
9
10
11
12
13
14
15
16
17
18
19
2O
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
A significant change in the use, handling, or manufacturing of a
hazardous material or toxic substance for which disclosure has
been previously made.
The hazardous characteristics of every hazardous material or toxic
substance 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:
ao
To the Fire Rescue Department, any information determined by the
Department to be necessary to protect the public health, safety, or
environment.
To any physician, where the physician determines that such
information is necessary to protect the public health, safety, or the
environment.
(c) Exemptions from Disclosure. The following materials or persons are
exempt for disclosure requirements:
(1) Hazardous materials or substances contained in food, drug, cosmetic, or
tobacco products.
(2)
Hazardous materials or toxic substances contained solely in consumer
products packaged for use and 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.
(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.
(1) When required by the Fire Rescue Department, any person submitting a
disclosure permit form may be required to install an approved keyed lock
S:\CA\Ordinances\Fire - Chapter 9\ERC Ord - Chapter 9.doc
Page 7 of 9
6
7
8
9
10
11
12
13
14
15
16
17
18
19
2O
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
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 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 704m, 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.
(2)
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.
(e) Record keeping; exemption from public disclosure.
(1)
Upon receipt of a disclosure form, the Fire Rescue Department shall
maintain files of all disclosure permit forms received.
(2)
Under the provision of 252.88(3), Florida Statutes, any and all
information, including but not limited to, site plans and specific location
information on hazardous materials or toxic substances furnished to the
Fire Rescue Department pursuant to this section shall be confidential and
exempt from the provisions of Section 119.07(1), Florida Statutes.
(f) 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 or toxic substances 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.
(g) 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 3. Should any section or provision of this ordinance or portion hereof, any
S:~CA~Ordinances~Fire - Chapter 9~ERC Ord - Chapter 9.doc
Page 8 of 9
8
9
10
11
12
13
14
15
16
17
18
19
2O
21
22
23
24
25
paragraph, sentence or word be declared by a court of competent jurisdiction to be invalid, such
decision shall not affect the remainder of this ordinance.
5
6
7
2004.
ATTEST:
Section 4.
Section 5.
Authority is hereby granted to codify said ordinance.
This ordinance shall become effective immediately upon passage.
FIRST READING this 7 dayof /q/Ot~,'t.- ,2004.
SECOND, FINAL READING AND PASSAGE this ~ day of
26
27
28
29
(CORPORATE SEAL)
S:XCA\Ordinances~Fire
30
31
32
33
34
- Chapter 9\ERC Ord - Chapter 9.doc
Page 9 of 9