394.01 Purpose
394.02 Scope
394.03 Definitions
394.04 Adoption and Incorporation of Federal Regulations
394.05 Hazardous Material Subject to Regulation
394.06 Restrictions on the Use of City Streets for the Transportation of Hazardous Materials
394.07 Regulations Concerning the Operation of Motor Vehicles Carrying Hazardous Material(s); Parking Prohibited
394.08 Inspections and Investigations
394.09 Reporting Requirements
394.10 Suspension of Operations
394.11 Suspension of Regulations
394.12 Liability/Response Costs
394.13 Nuisance Abatement
394.14 Abandoned Vehicles; Nuisance
394.15 Severability
394.99 Penalty and Enforcement
Note: Former Chapter 394 was repealed by Ord. No. 1253-07, passed 11-19-07, eff. 11-21-07.
The purpose and intent of this chapter is to protect the public health, safety, and welfare from the potential hazards of fire, explosion, and exposure to toxic substances that accompany a hazardous materials incident by regulating the transportation of hazardous substances or material in and through the City of Cleveland, and the development and maintenance of the capability for emergency response.
(Ord. No. 1253-07. Passed 11-19-07, eff. 11-21-07)
This chapter applies to all substances or materials defined as hazardous materials in this chapter that are transported in and through the City of Cleveland. This chapter applies, in addition to all other sections of this Fire Prevention Code, all other ordinances of the City regarding hazardous substances or materials, and any rules or regulations of other City departments, boards, or commissions that apply.
(Ord. No. 1253-07. Passed 11-19-07, eff. 11-21-07)
(a) “City” means City of Cleveland unless specifically defined otherwise.
(b) “Fixed Facility” means any building or property where materials or articles are received, shipped, stored, transferred, picked up or delivered, and includes without limitation, a terminal, storage facility, explosives interchange lot, explosives motor vehicle terminal, and intermodal facility.
(c) “Hazardous material” means a substance or material defined as hazardous under Title 49 of the Code of Federal Regulations (C.F.R.) and includes explosives regulated under Chapter 387 of these Codified Ordinances.
(d) “Highway” means any interstate, public street, public alley, public road or other public thoroughfare.
(e) “Intermodal facilities” means any designated area where truck trailers, storage containers, and other vehicles used in the transportation of hazardous materials are received, shipped, loaded onto, unloaded from, or stored in connection with two (2) or more modes of transportation.
(f) “Interstate highways” means those highways in the City of Cleveland designated as Interstates 71, 77, 90, 176, 480, and 490.
(g) “Person” means an individual, trustee, receiver, association, corporation, business, partnership, or other legal entity or group of individuals.
(h) “Terminal” means a fixed facility used by carriers or transporters for the receipt, shipment, transfer, storage, pick-up or delivery of, articles or materials.
(i) “Transporter” means a person engaged in the transport, movement, or carrying of hazardous material on highways.
(j) “Vehicles” means any conveyance that is, or was, at one time operated by mechanical power on a highway and includes any trailer or storage container incidental to such a vehicle whether attached or not to a vehicle.
(Ord. No. 1253-07. Passed 11-19-07, eff. 11-21-07)
(a) To ensure the application of their requirements to vehicles within the City limits, the following laws and regulations and their successor regulations are adopted and incorporated into this code as such laws and regulations exist at the time of passage of this chapter or as they may be amended: 49 C.F.R. Subchapter C – Hazardous Materials Regulations; Part 171 – General Information, regulations, and definitions; Part 172 – Hazardous materials table, special provisions, hazardous materials communications, emergency response information, and training requirements; Part 173 – Shippers-general requirements for shipments and packagings; Part 174 – Carriage by rail; Part 175 – Carriage by aircraft; Part 176 – Carriage by vessel; Part 177 – Carriage by public highway; Part 178 – Specifications for packagings; Part 179 – Specifications for tank cars; Part 180 – Continuing qualification and maintenance of packagings; and Part 397 – Transportation of Hazardous Materials, Driving, and Parking Rules. Any violation of these federal rules and regulations within the City limits is a violation of this chapter.
(b) The requirements of the Federal Motor Carrier Safety Regulations 49 C.F.R. Parts 390 - 399 are adopted and incorporated. Any violation of those federal rules and regulations within the City limits is a violation of this chapter.
(c) When any provision of this chapter conflicts with the regulations adopted in divisions (a) or (b) above, or any other provision of these Codified Ordinances, the provision which establishes the stricter standard for the promotion and protection of the safety and welfare of the public must prevail. This division does not apply if the local regulation contains the stricter standard and compliance with both the local regulation and a federal regulation adopted in division (a) or (b) above is not possible and the local regulation is preempted by federal law. This division also does not apply if the local regulation as applied or enforced is an obstacle to accomplishing and carrying out the federal rules and regulations adopted in division (a) or (b) above and is preempted by federal law. Nothing in this provision may compromise the City’s right to apply for and receive a waiver of preemption under 49 C.F.R. 107.215.
(Ord. No. 1253-07. Passed 11-19-07, eff. 11-21-07)
(a) Transportation in commerce within the City of Cleveland of hazardous materials that is required to be placarded by 49 C.F.R. Part 172, Subpart F – Placarding, or any successor regulation, must be subject to the requirements of this chapter. If the hazardous materials are required to be placarded by 49 C.F.R. Part 172, Subpart F – Placarding, but are not, the transportation in commerce within the City of Cleveland of the hazardous materials is still subject to regulation under this chapter.
(b) Transportation in commerce within the City of Cleveland of hazardous materials that are exempt, under RC 4921.02(A)(2) from the requirements of RC Chapter 4921, are subject to the requirements of Section 387.10 of these Codified Ordinances, and to the requirements of this chapter to the extent that labeling is required by 49 C.F.R. Part 172, Subpart E, and shipping papers are required by 49 C.F.R. Part 172, Subpart C, for the transportation of hazardous materials.
(Ord. No. 1253-07. Passed 11-19-07, eff. 11-21-07)
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