Fremont Municipal Code Art. VII Inspections and Records

The city may conduct inspection, at its discretion, for the purpose of ascertaining compliance with this chapter and may require correction of any conditions which would constitute any violation of this chapter or of any other statute, code, rule or regulation affecting the handling of hazardous materials or protection of the environment.

(a) Inspection by Consent. Whenever necessary for the purpose of investigating or enforcing the provisions of this chapter, or whenever an enforcement officer has reason to believe that there exists in any structure or upon any premises a condition which constitutes a violation of this chapter, said officer may enter such structure or premises at any time to inspect the same, or to perform any duty imposed upon said officer by law with the consent of the owner or the consent of a responsible person in possession of the structure or premises. The right of entry provided in the hazardous materials management plan is deemed consent for inspection.

(b) Emergency Inspection. In any circumstance where there appears an immediate threat to the public health or safety, an enforcement officer may enter any structure or premises without the consent of any person or court process.

(c) Open Space Inspection. In any circumstance when it is necessary for the purpose of investigating or enforcing the provisions of this chapter, an enforcement officer may enter open space areas without forcing entry. Said officer may enter such premises at any time to inspect the same, or to perform any duty imposed by law.

(d) Inspection Warrant Procedure. In the absence of an emergency, open space circumstance or consent by the owner or responsible person, the enforcement officer shall obtain an inspection warrant as provided in Cal. Civ. Proc. Code § 1822.51.

(e) Inspection Procedure. During all inspections as provided herein, the officer may take any pictures, videotape, audiotape or samples deemed necessary to aid in the pursuit of the inquiry or in the recordation of the activities on site and shall take statements of witnesses and persons on the premises. While executing the duties prescribed in this chapter an enforcement officer shall not intrude on the reasonable privacy expectation of any person.

(f) Inspections by City – Discretionary. All inspections specified herein shall be at the discretion of the city and nothing in this chapter shall be construed as requiring the city to conduct any such inspection, nor shall any actual inspection made imply a duty to conduct any other inspection. Furthermore, nothing in this chapter shall be construed to hold the city or any officer, employee or representative of the city responsible for any damage to persons or property by reason of making an inadequate or negligent inspection or by reason of any failure to make an inspection or reinspection. (Ord. 1946 § 6, 11-27-90. 1990 Code § 3-12700.)

The permittee is required to conduct self-monitoring inspections of its own facilities and to maintain logs or file reports in accordance with its hazardous materials management plan. The inspector conducting such self-monitoring inspections shall be qualified to conduct such inspections. (Ord. 1946 § 6, 11-27-90. 1990 Code § 3-12701.)

In addition to the inspections specified in Sections 8.35.300 and 8.35.310, when unique and/or complex technical situations are involved, the city may require the employment of special inspectors to conduct an audit or assessment of permittee’s facility to make a hazardous material evaluation and to determine compliance with the provisions of this chapter and other statutes, codes, rules or regulations affecting the handling of hazardous materials.

(a) The special inspector shall be a qualified person or firm who shall demonstrate his/her expertise to the satisfaction of the city.

(b) The special inspection shall be limited to the area of concern specified by the city.

(c) The permittee shall have 10 working days after receiving written notification from the city to appeal the special inspector requirement. If the appeal is denied, the permittee shall have 30 days from the date of denial to arrange for the inspection.

(d) The special inspection report shall include an evaluation of the facility/facilities and recommendations consistent with the provisions of this chapter, where appropriate. A copy of the report shall be filed with the city at the same time that it is submitted to the permittee.

(e) The permittee shall, within 30 days of said report, file with the city a plan to implement all recommendations, or shall demonstrate to the satisfaction of the city why such recommendations shall not be implemented.

(f) All expenses related to a special inspection will be paid by the permittee, with no cost to the city. (Ord. 1946 § 6, 11-27-90. 1990 Code § 3-12702.)

An inspection by an employee of any other public agency charged with the responsibility for hazardous material management may be deemed by the city as a substitute for any requirement in Sections 8.35.300, 8.35.310 and 8.35.320. (Ord. 1946 § 6, 11-27-90. 1990 Code § 3-12703.)

All records required by this chapter shall be maintained by the permittee for a period not less than three years. Said records shall be made available to the city for review upon reasonable notice. (Ord. 1946 § 6, 11-27-90. 1990 Code § 3-12704.)