(a) The Fire Division’s responsibilities include inspection of workplaces where hazardous chemicals are used, manufactured or stored, based either on a complaint or a rotating inspection schedule. The Fire Chief or his or her authorized representative upon presentation of proper credentials, may enter any building or premises at all reasonable hours to inspect for compliance with this chapter. No person shall prevent, obstruct or delay any inspection or the performance of any lawful duty of such inspector acting within his or her official capacity. The inspector shall determine whether hazardous chemicals are properly labeled consistent with Section 393.06; shall check a random sample of MSDSs for compliance with Section 393.08; and shall inspect the employee training record required by division (c) of Section 393.09. Inspections should occur regularly, but not necessarily annually.
(b) The Fire Division shall investigate, within five (5) working days of receipt, any complaint in which it is alleged that employees have been ordered to work with substances for which material safety data sheets or proper labels required by this chapter are not provided. Each such complaint shall be in writing, dated, and signed by the complainant.
(c) If, upon inspection, the Fire Division finds violations, it shall give a written violation notice to the employer, stating specific violations, allow an appropriate period of time for corrections, and then return and reinspect. At that time, if all violations have not been corrected, the Fire Division shall have authority to issue a written violation letter and order requiring correction of specifically described deficiencies. Such order may be appealed to the Board of Building Standards and Building Appeals by filing a written notice of appeal and filing fee as provided in Sections 3103.18 and 3103.19 of these Codified Ordinances.
(d) The Fire Division shall maintain a copy of the most recent work area hazardous chemical list required by division (a) of Section 393.07.
(e) The Fire Division shall maintain for public inspection the full list of hazardous and toxic substances promulgated pursuant to Section 393.04 and their health effects.
(f) The Fire Division shall maintain a copy of the work area list for thirty (30) years.
(g) Upon written request, the Fire Division shall provide copies of any work area list or MSDS to members of the public at cost.
(h) The Fire Division shall provide consulting assistance, as feasible, to employers in connection with employee training programs.
(i) Each employer is obligated to comply with this chapter, with or without an inspection by the Fire Division.
(Ord. No. 1233-15. Passed 11-9-15, eff. 11-11-15)