4-228-295 Notification of disciplinary action to mechanics.

   If a licensee under this chapter is notified by the commissioner to appear at a disciplinary hearing, or the commissioner issues or obtains an order or judgement directed at or against such licensee, or such licensee's license under this chapter is suspended or revoked by the commissioner, such licensee shall notify, in writing, all of the motor vehicle mechanics employed by such licensee at the applicable licensed facility of such fact(s).

(Added Coun. J. 5-9-12, p. 27485, § 106)

4-228-296 Hazardous materials – Duties – Prohibited acts.

   (a)   It shall be unlawful for any person licensed or required to be licensed under this chapter to fail to comply with the requirements of Section 11-4-1200 of this Code, if applicable. In addition to any other penalty provided by law, a single violation of this subsection (a) may result in license suspension or revocation in accordance with the requirements of Section 4-4-280 of this Code.

   (b)   (1)   Each person licensed or required to be licensed under this chapter shall 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 motor vehicle repair shop, if such chemical is present at the shop 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., as amended. In addition to any other penalty provided by law, a single violation of this subsection may result in license suspension or revocation in accordance with the requirements of Section 4-4-280 of this Code.

      (2)   Upon request, the records required under subsection (b)(1) of this section shall be made available for inspection, during regular business hours or in case of emergency, by any city official charged with responsibility for enforcing this chapter.

   (c)   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: (1) to inspect, at reasonable hours or in case of an emergency, any motor vehicle repair shop licensed or required to be licensed under this chapter for the purpose of determining compliance with the requirements of this section; (2) to examine the applicable books and records of any person licensed or required to be licensed under this chapter in order to corroborate the quantities of hazardous chemicals reported or required to be reported by the owner or operator of the shop under Section 11-4-1200; and (3) to enforce the requirements of this chapter.

(Added Coun. J. 5-9-12, p. 27485, § 106; Amend Coun. J. 11-8-12, p. 38872, § 118)

Editor's note – Coun. J. 11-8-12, p. 38872, § 118, renumbered former § 4-228-300 as this § 4-228-296. 

4-228-300 Reserved.

Editor's note – Coun. J. 11-8-12, p. 38872, § 118, renumbered § 4-228-300 as § 4-228-296.

ARTICLE III. TIRE FACILITIES (4-228-305 et seq.)

4-228-305 Tire Facilities – Standards.

   (a)   Requirements. Every licensee under this chapter that is a tire facility, as defined in Section 4-228-010, shall adhere to the following requirements:

      (1)   Tire facilities located within a structure shall adhere to the following requirements:

         (i)   Every building which houses a tire facility is hereby classified as a Group S occupancy pursuant to Section 14B-3-311 of the Municipal Code. All structures in which tire facilities are located shall be subject to the height and area limitations of Chapter 14B-5 of this Code;

         (ii)   Facilities where tires are stored below grade shall comply with Section 15-16-030(b) of the Municipal Code;

         (iii)   Smoking shall be prohibited in any room or other enclosure where tires are stored or disposed of and appropriate signs indicating the prohibition shall be posted;

         (iv)   The interior of all structures used for tire storage shall be secured against unauthorized access;

         (v)   All tires shall be stored no less than ten feet from any heat producing appliance;

         (vi)   Tires shall be stacked on a level surface, with no less than three feet in clearance from the top of stackage to any sprinkler, fixtures, structural support, ceiling or roof. Aisles shall be no less than four feet wide. Except for tire storage on metal racks approved under N.F.P.A. Standard 231D. Storage of Rubber Tires, tires shall be stacked in piles no longer than 25 feet and no wider than ten feet.

      (2)   Tire facilities located on any open site shall adhere to the following requirements:

         (i)   Tires shall be stacked, in an orderly manner, in piles not to exceed 25 feet in height;

         (ii)   Individual piles shall be separated by a distance of ten feet. No pile shall be closer than four feet to any building. No pile covering a total ground area greater than 100 square feet shall be located closer than 25 feet to a lot line, unless in the determination of the commissioner or his designee a greater or lesser setback is required or sufficient for fire prevention purposes. A greater or lesser setback may be imposed by regulation in accordance with the Section 4-228-410 herein;

         (iii)   Each such facility shall be enclosed by a noncombustible fence, six feet high with not less than two gates, unless bounded by a cement abutment, river, or other body of water. The area around or within the tire piles shall be kept free of rubbish, weeds, grass, or other growth. No oil or other flammable liquid shall be permitted to accumulate on the area around or within the piles. No flame cutting or welding operation shall be conducted within 25 feet of any pile of tires.

   (b)   Exceptions. The requirements of subsections (2)(i), (ii) and (iii) herein shall not apply to the legal disposal of tires at a state or city permitted landfill.

   (c)   Penalty for violation. In addition to any other penalty provided by law, any person who violates any requirements of this section or any rule or regulation promulgated thereunder shall be subject to a fine of not less than $500.00 and not more than $2,000.00 for each offense. Each day that a violation continues shall constitute a separate and distinct offense. Repeated violations of this section or of any rule and regulation promulgated hereunder shall be grounds for injunctive relief.

(Added Coun. J. 5-9-12, p. 27485, § 106; Amend Coun. J. 11-8-12, p. 38872, § 119; Amend Coun. J. 4-10-19, p. 100029, Art. II, § 49)

4-228-307 Hazardous materials – Duties – Prohibited acts.

   It shall be unlawful for the licensee of any tire facility licensed or required to be licensed under this chapter to fail to comply with the requirements set forth in Section 4-228-296.

(Added Coun. J. 5-9-12, p. 27485, § 106; Amend Coun. J. 11-8-12, p. 38872, § 120)

ARTICLE IV. ENFORCEMENT (4-228-400 et seq.)