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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