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(A) In order to ensure that the public health and the public safety are protected and the city first responders are protected from the potential hazards that may be posed by laboratories and/or laboratory facilities, on or before the first anniversary of the passage of these Sections and subsequent to analysis of the information collected through the registration processes required by these Sections, the Commissioner shall implement a program of inspection of laboratories and/or laboratory facilities. At the discretion of the Commissioner, this programmatic inspection may require full physical inspections of the laboratories and/or laboratory facilities or may require only inspection of the laboratories’ or laboratory facilities’ compliance with the registration requirements, emergency preparedness including, but not limited to, the information required to be readily available to first responders, and signage.
(B) The Commissioner may collaborate and cooperate with the Commissioner of the Inspectional Services Department in developing a program of inspections.
(C) If any owner-operator knowingly impedes, inhibits, interferes with, restricts or obstructs entry and free access to the laboratory and/or the laboratory facility for the purposes delineated in these Sections, then the Commissioner and/or the Commissioner of the Inspectional Services Department may seek in a court of competent jurisdiction an inspection warrant that allows for the inspection of the site and apprises said owner-operator concerning the nature of the inspection, the scope of the inspection, the justification for the inspection and may seek the assistance of the law enforcement community in presenting said warrant.
(D) If any person knowingly impedes, inhibits, interferes with, restricts or obstructs entry and free access to the laboratory and/or the laboratory facility for the purposes delineated in these Sections, then the Commissioner or the Commissioner of the Inspectional Services Department may seek in a court of competent jurisdiction an inspection warrant that allows for the inspection of the site and apprises said person or other person concerning the nature of the inspection, the scope of the inspection, the justification for the inspection and may seek the assistance of the law enforcement community in presenting said warrant.
(CBC 1985 11-5C.6; Ord. 2006 c. 4)
(A) The Commissioner and the Commissioner of the Inspectional Services Department shall prepare for public distribution a guide of not more than two pages which summarizes the registration and inspection requirements. The requirements of this Section may be satisfied through the publication or presentation of the guide in a downloadable format on the city’s website. Each and every owner-operator shall ensure that a hard copy of this guide is posted at all times in the laboratory facility in a place clearly visible to all persons employed by or working in the laboratory facility. An owner-operator may supplement this posting requirement through electronic distribution or electronic posting of this guide and such methods may substitute for the physical posting only with the approval of the Commissioner and the Commissioner of the Inspectional Services Department.
(B) Each and every owner shall annually supply hard copy of the registration and inspection guide to each and every laboratory in each and every laboratory facility owned by the owner.
(CBC 1985 11-5C.7; Ord. 2006 c. 4)
(A) The annual registration fee shall be derived according to total area of the laboratory or laboratory facility submitting the registration as follows:
(1) A laboratory or laboratory facility with one square foot to 25,000 square feet shall remit $650;
(2) A laboratory or laboratory facility with 25,001 square feet to 100,000 square feet shall remit $800;
(3) A laboratory’ or laboratory facility with 100,001 square feet to 250,000 square feet shall remit $975; and
(4) A laboratory or laboratory facility with 250,001 square feet or more shall remit $1,300. In no event, however, shall any single owner-operator pay more than $6,500 to register a laboratory, laboratory facility or number of laboratory facilities pursuant to this Section.
(B) The fee for registration of a laboratory or a laboratory facility shall be remitted by the owner- operator at the time of registration. The fee is intended to generate enough revenue to ensure that the costs of implementation and continuation of this registration program are wholly covered by the registration fees.
(CBC 1985 11-5C.8; Ord. 2006 c. 4; Ord. 2016 c. 9 § 64)
(A) Violations of these Sections specifically include, but are not limited to:
(1) The failure to register in accordance with these Sections;
(2) The failure to maintain a complete emergency data and response plan in accordance with these Sections;
(3) The failure to post a guide in accordance with these Sections;
(4) The failure to comply with any other requirement of these Sections; and
(5) The interference with an inspection.
(B) The Commissioner and the Commissioner of the Inspectional Services Department shall have the authority to seek an injunction from a court of competent jurisdiction directing the owner-operator to comply with the requirements of these Sections.
(C) Each and every violation of this Section shall be punishable by a fine of not less than $50 and not more than $300 and these fines shall supplement any other fines promulgated in the General Laws of the commonwealth, the Code of Massachusetts Regulations and this code. Each and every day that a violation remains shall constitute a separate violation.
(D) The provisions of M.G.L. Chapter 40, Section 21D may be used to enforce these Sections.
(E) The Commissioner and the Commissioner of the Inspectional Services Department shall have the authority to delegate enforcement of these Sections to any City Department authorized to enforce public safety, public health or environmental rules, regulations, ordinances and/or statutes.
(F) Nothing in these Sections shall prohibit the Commissioner or the Commissioner of the Inspectional Services Department from issuing written warnings to an owner-operator or any other person or entity. For the purposes of this Section, the Commissioner and the Commissioner of Inspectional Services Department may not issue more than two warnings for the same violation in a laboratory and/or laboratory facility to any owner-operator, person or entity.
(G) The Commissioner and the Commissioner of Inspectional Services Department may commence an action in the Courts of the commonwealth for violations that remain uncorrected for more than 30 calendar days and for fines that remain unpaid for more than 60 calendar days.
(CBC 1985 11-5C.9; Ord. 2006 c. 4)
The Commissioner shall appoint 12 people to a Technical Advisory Committee (“TAC”) that shall be composed of six representatives of the research laboratory community and six public officials. The TAC shall meet at least twice annually to promote the understanding of hazards and mitigation measures in the laboratory environment, to exchange best practices in laboratory operations, to promote consistent application of the requirements of these Sections and to devise the parameters and execution of the programmatic inspections anticipated by these Sections.
(CBC 1985 11-5C.10; Ord. 2006 c. 4)
The Commissioner and the Commissioner of the Inspectional Services Department shall have the authority to promulgate rules and regulations necessary to implement and enforce these Sections and shall consult with the Technical Advisory Committee appointed pursuant to these Sections.
(CBC 1985 11-5C.11; Ord. 2006 c. 4)
(A) The Commissioner and the Commissioner of Inspectional Services shall prepare and promulgate the documents and forms required by these Sections within 90 calendar days of passage.
(B) Each and every owner-operator shall submit the registration materials required by these Sections within 90 calendar days of promulgation of documents and forms by the Commissioner and the Commissioner of Inspectional Services.
(CBC 1985 11-5C.13; Ord. 2006 c. 4)
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