(a) This chapter shall apply: to Standard Industrial Codes (SIC) 7, 13 through 17, 20 through 39, 41, 42, 44, 45, 48 through 50, 516, 517, 5198, 53 through 55 (except 554), 70, 72, 733, 734, 7349, 7395, 75, 7692, 80 (except 807), 82, 84, 863 and nonclassifiable establishments unless expressly exempted by the Fire Chief; to all governmental bodies except the federal government, or any department, agency, board or commission thereof; and to any industry which the Fire Chief determines is cleaning hazardous and/or toxic chemicals from bulk containers.
(b) If no highly hazardous chemicals are present in a particular workplace and if that workplace either has twelve (12) or fewer employees or less than an aggregate of fifty (50) gallons or five hundred (500) pounds of hazardous chemicals present, then only Section 393.05(c), 393.06(a)(1), 393.07(a), 393.10 and 393.11(b)(5) of this chapter shall apply. If such workplace contains any highly hazardous chemicals, then the entire chapter shall apply.
(c) This chapter shall not apply to toxic or hazardous substances in containers having a volume of one (1) gallon or less of liquid, or a weight of ten (10) pounds or less, except that such substances must be identified for the employees, and must be identified on an area list.
(d) This chapter shall not apply to any laboratory operated by an otherwise covered employer, including educational laboratories, research laboratories, analytical laboratories, or medical laboratories, so long as the chemical names in such laboratories are available to the employees or the employees’ representative.
(e) This chapter shall not apply to hazardous chemicals or to workers involved with those chemicals in the process of being transported into, or through the City of Cleveland.
(f) This chapter shall not apply to substances which are consumer products, food stuffs or tobacco products intended for use by the public without further alterations by a manufacturer or employer.
(g) This chapter does not apply to chemicals which are foods, drugs, cosmetics or tobacco products intended for personal consumption by employees while in the workplace.
(h) This chapter shall not apply to any article manufactured or formed which, in its intermediate or end use function(s) does not release, or otherwise result in exposure to a hazardous chemical under normal conditions of use.
(i) This chapter shall not apply to hazardous chemicals during the first five (5) business days after they first enter the workplace, if, despite reasonable efforts of the employer to comply with this chapter, such substances arrive without conforming labels or material safety data sheets.
(j) This chapter shall not apply to gasoline or kerosene if it is present in a workplace in quantities of less than fifty-five (55) gallons or five hundred fifty (550) pounds, or to propane if it is used as a fuel.
(k) If, after November 25, 1985, regulation has commenced under the federal Hazard Communication Standard contained in 29 C.F.R. 1910.1200, then the Board of Building Standards and Building Appeals shall, in accordance with its procedures contained in Section 393.12, grant a categorical exemption in SIC Codes, 20-39, provided that affected employers continue to satisfy the requirements set forth in Subsections 393.06(d) and 393.07(a), (b) and (c).
(Ord. No. 2704-B-83. Passed 3-4-85, eff. 4-13-85)