1529.08 INSPECTION AND DUTIES OF THE FIRE DEPARTMENT AND FIRE CHIEF.

   In addition to other duties provided under this title, the following duties are assigned to the Fire Chief:

   (a)    The Fire Chief is directed to conduct inspections of workplaces where hazardous chemicals are used, manufactured or stored. The Fire Chief shall identify himself and his purpose to the employer upon entering the workplace. He shall not attempt a forcible entry should the employer refuse to consent to such an inspection, but shall seek a proper inspection search warrant. These inspections which are to performed not less frequently than annually, are for the purpose of determining:

       (1)    That hazardous chemicals are properly labeled consistent with Section 1529.04 and the required information is contained on the material safety data sheets;

      (2)    That appropriate safety, containment and cleanup equipment is readily available; and

       (3)    That the location of hazardous chemicals is consistent with the information required under Section 1529.07.

   (b)    The Fire Chief is directed to accumulate and maintain the following information as received from manufacturers, users or storers of hazardous chemicals in the City:

      (1)    Material safety data sheets provided in accordance with Section 1529.06; and

      (2)    Information as to the exact location of all hazardous chemicals which is provided in accordance with Section 1529.07.

   (c)    The Fire Chief shall have the authority to issue citations for any violations of this chapter.

   (d)    The Fire Chief shall have the power, upon written application by an employer, to authorize variances from the labeling provisions of Section 1529.04 which will not be contrary to the public interest or the intent of this chapter, but only where: owing to special conditions pertaining to a specific employer, workplace or work area, the strict application of this chapter would cause undue or unnecessary hardship; or owing to a pre-existing program of any employer designed to inform or protect workers, an employer is in substantial compliance with this chapter.

      (1)    No such variance for undue or unnecessary hardship shall be authorized by the Fire Chief unless the Fire Chief finds the following facts and conditions exist:

         A.    Exceptional or extraordinary circumstances or conditions apply to the subject employer, workplace or work area. In making a finding on this point, the Fire Chief shall consider factors, including but not limited to, extreme temperature, difficulty of access, lack of a permanent work area or workplace such as at construction or demolition sites, and volatile or rapidly changing conditions in the work area or work place; and

         B.    The employer establishes, with approval of the Fire Chief, alternate methods of providing information about the hazardous chemicals involved, such as placards, posting signs in common areas or entry areas, and oral and written communications, which shall be substituted for those requirements that are waived and which will result in substantial compliance with the intent of this chapter.

      (2)    No such variance for a pre-existing program shall be authorized by the Fire Chief unless the Fire Chief finds the following facts and conditions exist:

         A.    The program was in existence as of October 15, 1985;

         B.    The labeling used in the program conveys information in a manner substantially equal to or better than the labeling requirements of this chapter;

         C.    Material safety data sheets which contain the same data as required by this chapter must be readily accessible to workers; and

         D.    The employer must file with the Fire Chief an explanation of its program describing its method of labeling and shall conform to the requirements of subsection (d)(1)B. hereof.

(3)    In modifying the literal interpretation and strict application of the provisions of this chapter and in authorizing a variance therefrom, the Fire Chief shall impose such requirements and conditions regarding the location and nature of chemicals involved as he may deem necessary in order to carry out the intent and purpose of this chapter, and to otherwise safeguard the public health, safety and general welfare.

      (4)    Variances granted pursuant to this section for undue or unnecessary hardship shall expire one year from the date of issuance, but may be renewed by the Fire Chief upon compliance with all terms of this section. Variances granted pursuant to this section for pre-existing programs shall be for a period of five years after which they shall expire and the employer shall conform to this chapter.

      (5)    When an employer files an application for a variance the employer shall notify its employees of such application by immediately posting a notice of such application in two conspicuous locations in the workplace.

      (6)    Appeals from a decision of the Fire Chief made under this subsection granting or refusing a variance or any other decision of the Fire Chief, where such decision is based upon this chapter, may be taken to the Mayor by any employer. Appeals to the Mayor shall be made in writing and filed with the Mayor within thirty days from the ruling or the decision of the Fire Chief. The Mayor or his duly authorized designee may, in conformity with the provisions of this chapter, reverse or affirm, wholly or partly, or may modify the order, requirement, decision, ruling or determination appealed from.

         (Ord. 93-1985. Passed 11-25-85.)