(a) Definitions. As used in this section:
"Hazardous material(s)" means:
(1) Use or maintenance of any hazardous material for which a license is required under Section 15-4-130;
(2) Use or maintenance of acetylene gas for which a license is required under Section 15-4-160(a);
(3) Use or maintenance of acetylene gas for which a license is required under Section 15-4-160(b);
(4) Use or maintenance of calcium carbide for which a license is required under Section 15-4-160(c);
(5) Use or maintenance of flammable liquids for which a license is required under Section 15-4-210;
(6) Use or maintenance of liquefied fume hazard gases for which a license is required under Section 15-4-230;
(7) Use or maintenance of oxygen or hydrogen for which a license is required under Section 15-4-240;
(8) Use or maintenance of nitrocellulose products for which a license is required under Section 15-4-250;
(9) Use or maintenance of a lumberyard or lumber storehouse for which a license is required under Section 15-4-252;
(10) Use or maintenance of sawdust, shavings, excelsior or other similar flammable materials for which a license is required under Section 15-4-254;
(13) The business of extermination by fumigation as defined in Section 7-44-010.
(b) Application – Additional information required. In addition to the requirements set forth in Section 4-4-050, an application for, and, if requested, renewal of, a regulated business license to use or maintain any hazardous material in connection with any place of business shall be accompanied by the following information:
(1) the location where the hazardous material(s) will be used or stored;
(2) the chemical name or common name of such hazardous material(s);
(3) the maximum aggregate quantity of the hazardous material(s) to be stored for use at each location identified pursuant to subsection (b)(1) of this section;
(4) a description of (i) the applicable business, (ii) the location and capacity of all containers or tanks that will be used to store any hazardous material(s); and (iii) all vehicles used in connection with the business; and
(5) any other information that the fire commissioner, commissioner of health, executive director of emergency management and communications or commissioner of business affairs and consumer protection may require to implement the requirements of this section.
(c) Departmental duties – Inspections.
(1) Before any initial license is issued under this section, and, thereafter, as often as the fire commissioner deems necessary, the fire commissioner shall investigate, or cause to be investigated, (i) the place of business described in the license application, (ii) all containers, tanks and buildings where any hazardous material(s) will be stored, (iii) all vehicles that will be used in connection with the business; and (iv) the methods and equipment that will be used in connection with the business, to determine whether such places, equipment or methods are in compliance with the fire prevention provisions of this Code.
(2) The commissioner of health, the fire commissioner, the executive director of emergency management and communications, the commissioner of business affairs and consumer protection and their respective designees are authorized: (i) to inspect, at reasonable hours or in case of an emergency, any place of business using or maintaining any hazardous material(s) for the purpose of determining compliance with the requirements of this section; (ii) to examine the applicable books and records of such place of business to corroborate the quantities of hazardous chemicals reported or required to be reported by the owner or operator of such place of business under Section 11-4-1200; and (iii) to enforce the requirements of this section.
(d) License issuance and renewal – Prohibited when. No regulated business license to use or maintain any hazardous material in connection with any place of business shall be issued to the following persons:
(1) any applicant or licensee, as applicable, unless, in the case of an initial license application only, the fire commissioner has conducted or caused to be conducted an inspection meeting the requirements set forth in subsection (c)(1) of this section.
(e) Legal duties. Each licensee that uses or maintains any hazardous material in connection with such licensee's business shall have a duty to:
(1) notify the fire commissioner, within seven days of discontinuing the use or maintenance of any hazardous material(s) in quantities sufficient to require a license under this section, of the fact of such discontinuation. The notice required under this subsection shall be in the form of a verified written statement, signed by the licensee or the licensee's agent, attesting to the fact that the licensee is no longer using such hazardous material(s) in quantities sufficient to require a license under this section;
(2) keep and maintain on file, for a period of not less than three years, all written materials used to document the quantity of each hazardous chemical present at the licensee's business, if such chemical is present at the business in an amount that exceeds the threshold level for reporting as established by regulations promulgated under Title III of the Superfund Amendments and Reauthorization Act of 1986, codified at 42 U.S.C. 11001, et seq. In addition to any other penalty provided by law, a single violation of this subsection may result in suspension or revocation of all licenses held by such licensee in accordance with Section 4-4-280 of this Code;
(3) upon request by any authorized city official, to make available for inspection by such city official, during regular business hours or in case of emergency, the records required to be kept and maintained under subsection (e)(2) of this section.
(f) Prohibited acts. It shall be unlawful for any licensee that uses or maintains any hazardous material in connection with such licensee's business to:
(1) fail to comply with the requirements set forth in Section 11-4-1200 of this Code, if applicable.
(Added Coun. J. 5-9-12, p. 27485, § 16; Amend Coun. J. 11-8-12, p. 38872, § 68; Amend Coun. J. 5-18-16, p. 24131, § 9)