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(a) Purpose and Scope. The purpose and scope of this section is to provide for compensation to the City for costs incurred in investigating, mitigating, minimizing, removing or abating unauthorized storage, spills, releases or discharges of materials into or upon the environment within the territorial jurisdiction or responsibility of the City, which materials require emergency action to protect the public health and/or safety or the environment.
(b) Definitions. As used in this chapter:
(1) "Common carrier by motor vehicle" has the same meaning as in Ohio R.C. 4919.75(E) or 4912.02(A), as appropriate.
(2) "Contract carrier by motor vehicle" has the same meaning as in Ohio R.C. 4919.75(F) or 4923.02(A), as appropriate.
(3) "Costs" shall include, but not be limited to, all direct and incidental costs, including personnel costs, incurred by or on behalf of the City in connection with the investigation, mitigation, minimization, removal or abatement of an unauthorized storage, spill, release or discharge, in the following respects:
A. Operating any vehicle, apparatus or equipment used in connection with any such incident;
B. Sanitizing, cleaning and/or repairing any vehicle, apparatus, equipment or apparel used in connection with any such incident;
C. Testing any stored, spilled, released or discharged material, or any vehicle, apparatus, equipment or apparel used in connection with any such incident;
D. Storing any spilled, released or discharged material;
E. Disposing of any spilled, released or discharged material, or any vehicle, apparatus, equipment, apparel or goods rendered unusable as a result of any such incident;
F. Replacing any vehicle, apparatus, equipment, apparel or goods lost or rendered unusable as a result of any such incident; and
G. Any costs incurred by any private party or governmental body, or subdivision thereof, whose assistance is requested by the City in the event of an unauthorized spill, release or discharge, and who submits a written invoice to the City setting forth its costs incurred in responding to the incident.
(4) "Material" has the same meaning as in Ohio R.C. 3745.13 and any regulations promulgated or matters decided thereunder, as appropriate.
(5) "Motor vehicle" means any automobile, truck, tractor, trailer, semitrailer, motor bus or any other self-propelled vehicle not operated or driven on fixed tracks.
(6) "Private motor carrier" has the same meaning as in Ohio R.C. 4923.02.
(7) "Railroad" has the same meaning as in Ohio R.C. 4907.02.
(8) "Unauthorized storage, spill, release or discharge" has the same meaning as in Ohio R.C. Chapter 3745 and any regulations promulgated or matters decided thereunder, and shall include, but not be limited to, any spilling, leaking, pumping, pouring, emitting, emptying, discharging, releasing, injecting, escaping, leaching, dumping or disposing of any material into or upon the environment. The term does not include any storage, spill, release or discharge that is in compliance with Ohio R.C. Chapters 1509, 3704, 3734, 6111, or any other chapter of the Ohio Revised Code and rules adopted thereunder, or the terms and conditions of a valid and current permit or license.
(c) Liability.
(1) Any person responsible for causing or allowing an unauthorized storage, spill, release or discharge of material into or upon the environment is liable to the City for disaster services rendered and all incidental and related costs. The costs shall be paid by the person or entity responsible for causing or allowing the unauthorized storage, spill, release or discharge of materials into or upon the environment that requires emergency action to protect the public health and/or safety or the environment.
(2) If an unauthorized storage, spill, release or discharge occurs from a motor vehicle or train being operated by, or on behalf of, a common carrier by motor vehicle, contract carrier by motor vehicle, private motor carrier, or railroad, a claim or civil action shall be submitted to or brought against, as appropriate, and the costs of the emergency action shall be recovered from, the motor carrier or railroad regardless of whether the motor carrier or railroad was responsible for causing or allowing the unauthorized storage, spill, release or discharge to occur.
(3) Costs recoverable under this chapter shall accrue commencing with the first notification to the City of an incident involving, or which may involve, or subsequently proves to involve, an unauthorized storage, spill, release or discharge.
(d) Services of Other Governmental Bodies or Parties.
(1) The Fire Chief, or his or her designated officers, shall have the authority to request the assistance of any other governmental body, or agency or division thereof, in the event of an unauthorized storage, spill, release or discharge at a location within the territorial jurisdiction or responsibility of the City.
(2) The Fire Chief, or his or her designated officers, shall have the authority to request the assistance or any expert, consultant or contractor in the event of an unauthorized storage, spill, release or discharge at a location within the territorial jurisdiction or responsibility of the City.
(e) Procedure.
(1) The Fire Chief, or his or her designated representative, shall keep a record of the City's costs for investigating, mitigating, minimizing, removing or abating the unauthorized storage, spill, release or discharge, including any incidental costs. A schedule of charges used to determine such costs shall be kept on file in the Fire Department and made available for inspection by the public during normal working hours. The schedule shall be revised, as necessary, to reflect increases and decreases in the value of the items listed.
(2) Not less than thirty days before bringing civil action for the recovery of costs pursuant to this section or Ohio R.C. 3745.13, the Law Director shall submit to the responsible party a written itemized claim for the total certified costs incurred by the City and a written notice that unless the amount is paid to the City within thirty days after the date of mailing of the claim and notice, the Law Director shall bring a civil action for that amount.
(3) All moneys recovered under this section shall be deposited into the General Fund.
(Ord. 230-1990. Passed 8-20-90.)
The owner of any high-rise apartment (elevator apartment house), as defined in Chapter 1356 of the Planning and Zoning Code, is hereby required to post the following regulations in each suite of such high-rise apartment in a conspicuous place as well as in a public area in each high-rise apartment within thirty days from the passage of this section:
FIRE IN THE HIGH-RISE APARTMENT
Study this BEFORE a fire emergency occurs!
The four most vital points are:
1. CALL EUCLID FIRE DEPARTMENT, 731-1212.
2. Pull Interior Alarm to notify other tenants.
3. Leave building if it is safe to do so.
4. Use exit stairways - NOT the elevators!
DO NOT PANIC!
If you cannot leave your apartment or the building:
1. Place your palm on the door and if it feels hot, don't open it.
2. If the hallway is too smoky, return to your room.
3. Place wet towels across the cracks under doors.
4. If there is smoke, open a window and lie down on the floor.
Other Vital Information:
1. Your building has built-in fire resistance features which minimize the spread of flames, especially from floor to floor.
2. Elevators are risky during a fire because smoke and heat interfere with the control switches and electric eye of the door.
3. The Fire Department aerial equipment is not made to reach beyond the ninth floor, so fires must be fought internally.
4. The stairways are built for safe exit during a fire. Firemen will use them too. Be sure to close the doors!
The notice provided for herein shall be permanently posted in each apartment in every high-rise building. Fines may be imposed for failure to comply.
(Ord. 39-1973. Passed 3-5-73.)
Neither the City of Euclid, the Department of Fire, nor any member of the Fire Department shall be held personally liable or responsible for any damage to private hydrants, standpipe and sprinkler systems and/or appurtenances encountered while in the process of testing, training or inspecting such hydrants or appurtenances.
(Ord. 141-1974. Passed 6-3-74.)
(a) Foster Home Inspections. Prior to receiving a foster care license, as issued by the State of Ohio, a home shall be inspected by the City of Euclid Fire Chief or Fire Prevention Bureau or his designee.
(b) Fee Schedule. The City of Euclid Fire Chief or Fire Prevention Bureau shall impose a fee of one hundred dollars ($100.00) to cover the cost of the initial fire safety inspection and one re-inspection of each foster home. Should a third or subsequent re-inspection be necessary, a fee of fifty dollars ($50.00) shall be imposed for each re-inspection thereafter.
(Ord. 49-2008. Passed 3-3-08.)
Should an adoptive home require a fire safety inspection, the City of Euclid Fire Chief or Fire Prevention Bureau shall impose a fee of one hundred dollars ($100.00) to cover the cost of the initial fire safety inspection and one re-inspection of each adoptive home. Should a third or subsequent re-inspection be necessary, a fee of fifty dollars ($50.00) shall be imposed for each re-inspection thereafter.
(Ord. 49-2008. Passed 3-3-08.)
(a) Any person or their designee who is notified by any member of the Fire Department of the activation of an alarm system site shall respond to the alarm site within 20 minutes of the time such person is notified of such activation and shall provide the Fire Department any necessary access or assistance.
(b) Should any person responsible for securing and resetting any alarm system, when notified of its activation, refuse to respond pursuant to this section or within a reasonable time period, the officers on the scene shall check the property thoroughly, attempt to silence the alarm and secure the location as much as possible. If, in the opinion of the Fire Officer in Charge, the cause for the alarm is readily apparent and the system can be readily reset by a reset switch provided for this purpose, the system will be reset.
(c) If any dwelling, building or place is required by law to maintain a fire alarm system, as herein defined, and if said alarm system fails to function and cannot be returned to service within a reasonable time, and if in the opinion of the Fire Chief or Officer in Charge the absence of a properly functioning alarm system may pose a threat to life and/or property, the Fire Chief or Officer may require a Fire Watch to be implemented as follows:
(1) Fire watch duties.
A. Conduct periodic patrols of the entire facility, including all rooms and basement.
B. Identify any fire, life or property hazards. During the patrol of the area, the person should not only be looking for fire, but making sure that the other fire protection features of the building such as egress routes and fire doors are functioning properly.
C. Notify the Euclid Fire Department if a fire is discovered by calling 9-1-1 with the exact address and type of emergency. Fire watch personnel shall be provided with at least one means of direct communication with the Fire Department.
D. Notify occupants of the building of the need to evacuate. If the horns/bells/ strobes of the alarm system are still functional, use them to assist with the evacuation of the building.
E. Maintain a log of fire watch activities.
F. Have knowledge of the location and use of fire protection equipment, such as extinguishers.
G. Fire watch personnel cannot have other duties besides their assigned fire watch.
(2) Frequency of inspections. Fire watch personnel should patrol the entire facility every 15 minutes in the following situations;
A. The facility has people sleeping.
B. The facility is an institutional occupancy.
C. The facility is an occupied assembly or educational occupancy.
Occupied facilities that do not meet the requirements for a 15-minute patrol frequency should have a fire watch patrol every 30 minutes. If a facility cannot be completely patrolled in 15 or 30 minutes, extra personnel shall be assigned fire watch duties to assure that the complete facility is patrolled in the required time frame.
(3) Record keeping. A fire watch log should be maintained at the facility. The log must be available to the Euclid Fire Department at all times during the fire watch. The log shall show the following:
A. Address of the facility.
B. Times that the patrol has completed each tour of the facility.
C. Name of the person conducting the fire watch.
D. Any pertinent information or notes.
E. Historical records shall be maintained in the fire watch log for a period of at least one year.
(d) Notwithstanding the provisions of this ordinance, the City of Euclid, its departments, officers, agents and employees shall be under no obligation whatsoever concerning the adequacy, operation or maintenance of any alarm device. No liability whatsoever is assumed for the failure of such alarm devices, or for failure to respond to alarms or for any other act or omission in connection with such devices.
(Ord. 28-2009. Passed 2-17-09; 92-2019. Passed 9-3-19.)
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