(a) The Fire Department shall assist in the implementation of this Right-to-Know Chapter during the period from date of passage of this section to March 15, 1986, which is the effective date of this chapter, as follows. The Fire Department shall, during the course of its routine fire prevention inspections, make inquiry of each employer as to what chemicals are maintained by each employer in the work place. From this information, the Fire Department shall in turn advise each employer as to what chemicals are therefore regulated by this chapter. The Fire Department shall also assist the employer in implementing the employee training program required under Section 777.09.
(b) During the implementation period of this chapter, the Fire Department shall assist each employer, upon request from the employer, in implementing and initiating paperwork required under this chapter.
(c) From and after March 15, 1986, the Fire Department shall conduct inspections of employers' businesses during the course of its routine fire prevention inspections, and on such other occasions as may be deemed necessary, for the purpose of ensuring continuing compliance with this chapter. The Fire Department shall not attempt a forcible entry should the employer refuse to consent to such an inspection, but shall seek a proper search warrant. These inspections which are to be performed at least annually shall be for the purpose of determining that hazardous chemicals are properly labeled consistent with Section 777.06, that work area lists submitted pursuant to Section 777.07(a) are accurate, and that compliance is being made with Section 777.08 concerning MSDS sheets.
(d) The Fire Department shall investigate, within three working days from date of receipt of a complaint, any complaint in which it is alleged that employees have been ordered to work with substances which are not labeled as required by this chapter or for which Material Safety Data Sheets required by this chapter are not provided to employees. Each such complaint shall be in writing and signed by the complainant. The employer shall be notified immediately of the filing of a complaint but the name of the complainant shall be withheld and remain confidential. The Fire Department shall respond in writing to the complainant and employer concerning the findings of the investigation as soon as possible after completion of the investigation.
(e) The Fire Department shall maintain a copy of the most recent work area hazardous chemical list required by Section 777.07(a).
(f) The Fire Department shall have the authority to issue orders for compliance and/or initiate complaints for violations of this chapter.
(g) The Fire Department shall maintain for public inspection the Master List of hazardous and toxic substances promulgated pursuant to Section 777.04.
(h) The Fire Department shall receive annually a copy of the work area list from each covered employer and maintain the lists for thirty years and has authority to request MSDS.
(i) The Fire Department shall provide copies of the work area lists, Material Safety Data Sheets, and other filings made pursuant to this chapter to members of the public for a fee of five dollars ($5.00) for the first page of any document request and twenty-five cents ($0.25) per page thereafter.
(j) The Fire Department shall maintain on file reports received from employers pursuant to Section 777.07(b).
(k) The Fire Department shall report to Council no later than June 15 of each year,
beginning June 15, 1986, concerning the following:
(1) The number of inspections performed during the previous year;
(2) The number and type of enforcement actions undertaken the previous year, and if known, the final disposition thereof; and
(3) Any and all other information which may be requested by Council.
(Ord. 11-85. Passed 1-14-85; Ord. 152-86. Passed 7-14-86.)