(a) Any facility may petition the City in writing to classify any specific chemical identity (including the chemical name and other specific identification) as a trade secret. Such petition shall demonstrate that the information claimed to be a trade secret meets the criteria provided for in subsection (b) hereof. If trade secret status has been granted to a specific chemical identity by the State or the Federal Government, proof of such determination shall be provided to the City and the City will abide by such determination.
(b) The Director of Toledo Fire and Rescue Department or his/her designee shall provide a written determination to the facility either allowing or disallowing a claimed trade secret based on the following criteria:
(1) Such person has not disclosed the information to any other person, other than a member of a local emergency planning committee, an officer or employee of the United States or a state or local government, an employee of such person or a person who is bound by a confidentiality agreement and such person has taken reasonable measures to protect the confidentiality of such information and intends to continue to take such measures.
(2) That no other statute or federal, State or local law requires disclosure of the information;
(3) That disclosure of the information is likely to cause substantial harm to the facility's competitive position;
(4) That the chemical identity is not readily discoverable by reverse engineering.
The Fire Chief, or his designee shall also consider whether trade secret status has been granted by federal or Ohio law.
If a trade secret is allowed, the specific chemical identity shall not be disclosed to the general public.
(c) Any person that wishes to contest the trade secret determination of the Director of Toledo Fire and Rescue Department, may appeal to the Board of Building Appeals as provided for in Chapters 1315 and 1511 of the Toledo Municipal Code.
(d) In the event that a regulated substance is properly granted trade secret status, the company will disclose to the general public the chemical class or category of the substance and the potential adverse health and environmental effects posed by the substance, including but not limited to the information required by Section 1513.04.
(e) Notwithstanding the above, all regulated facilities shall disclose the chemical identity to a health professional, doctor, nurse or emergency medical services if such professional deems it necessary in an emergency situation or for purposes of diagnosis and treatment. The health professional, doctor, nurse or emergency medical services shall agree to utilize the information in confidence and shall not disclose the information to third parties that are not involved directly in the medical emergency, diagnosis or treatment.
(Ord. 566-88. Passed 6-14-88; Ord. 183-13. Passed 4-16-13)