§ 394.08 Inspections and Investigations

   (a)   The City Fire Chief or the Fire Chief’s authorized representative may inspect vehicles used in the transportation of hazardous materials at random. The vehicles must comply with all applicable laws and regulations in this chapter.

   (b)   The City, through its inspectors or other authorized employees, may enter and inspect premises at reasonable times where hazardous material or materials are stored, transferred, loaded, packaged, shipped or received. This authorization includes, without limitation, inspection of intermodal facilities and terminals as defined in Sections 387.01 and 394.03 of these Codified Ordinances. It also includes inspection at any time of the vehicle of any person who transports or offers for transportation hazardous materials subject to this chapter. Inspection, under this section, may include examination of any records or documents that relate to the transportation and the offering for transportation of hazardous materials subject to this chapter.

(Ord. No. 1253-07. Passed 11-19-07, eff. 11-21-07)

§ 394.09 Reporting Requirements

   Any incident or incidents involving hazardous materials occurring within the City and required to be reported by 49 C.F.R. 171.15 must be reported immediately upon discovery by the operator of the vehicle. In the event any incident or incidents involving a release or spillage of hazardous materials poses or may pose a threat of danger to health, safety or the environment, the incident must be reported immediately on discovery by a representative of a fixed facility as the term is defined in Sections 387.01 and 394.03 of these Codified Ordinances. The reporting must be made to the City of Cleveland’s emergency operator by telephone. The City Fire Chief must file a standing request with the Research and Special Programs Administration of the Department of Transportation, or its successor agency, for routine mailing to the Division of Fire of a copy of the written report required by 49 C.F.R. 171.16.

(Ord. No. 1253-07. Passed 11-19-07, eff. 11-21-07)

§ 394.10 Suspension of Operations

   The City Fire Chief or Police Chief may temporarily reroute or suspend the operation of some or all vehicles carrying hazardous materials within the City, without notice, whenever road, weather, traffic, emergency, or other circumstances warrant that action. All vehicles carrying hazardous materials must comply with any rerouting, suspension of operation, or other order issued under this section.

(Ord. No. 1253-07. Passed 11-19-07, eff. 11-21-07)

§ 394.11 Suspension of Regulations

   The City Fire Chief or Police Chief may suspend these regulations in whole or in part, when circumstances require the suspension to maintain the public safety.

(Ord. No. 1253-07. Passed 11-19-07, eff. 11-21-07)