Chapter 17.28 — INSPECTIONS AND RECORDS

City may conduct inspections, at its discretion, for the purpose of ascertaining compliance with this title and causing to be corrected any conditions which would constitute any violation of this title or of any other statute, code, rule or regulation affecting the storage of hazardous materials.

Permittees are not required to disclose the identity of hazardous materials protected as trade secrets pursuant toChapter 17.20 to anyone other than the official designated for that purpose pursuant to Chapter 17.20 except in the case of an emergency response or an unauthorized discharge related to the storage facility in which the trade secret material is contained. Therefore, permittee may put temporary coverings over the labels of trade secret materials during the course of city inspections conducted by other than the city official so designated.

(a) Right of Entry. Whenever necessary for the purpose of investigating or enforcing the provisions of this title, or whenever any enforcement officer has reasonable cause to believe that there exists in any structure or upon the premises any condition which constitutes a violation of this title, said officers may enter such structure or premises at all reasonable times to inspect the same, or to perform any duty imposed upon any of said respective officers by law; provided, that if such structure or premises be occupied, the officer shall first present proper credentials and request entry, and further provided, that if such structure or premises is unoccupied, the officer shall first make a reasonable attempt to contact a responsible person and request entry, except in emergency circumstances. If such entry is refused, the officer seeking entry shall have recourse to every remedy provided by law to secure entry.

(b) Inspections by City - Discretionary. All inspections specified herein shall be at the discretion of the city and nothing in this title 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 title 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. 4002 § 1 (part), 1990: Ord. 3435 § 1 (part), 1983)

Responsible persons shall conduct regular inspections of their own facilities to assure compliance with this title and shall maintain logs or file reports in accordance with their hazardous materials management plan (HMMP). The inspector conducting such inspections shall be qualified to conduct such inspections.

(Ord. 4002 § 1 (part), 1990: Ord. 3435 § 1 (part), 1983)

In addition to the inspections specified above, city may require the periodic employment of special inspectors to conduct an audit or assessment of storage facilities to make a hazardous material safety evaluation and to determine compliance with the provisions of this title.

(a) The special inspector shall be a qualified person or firm who shall demonstrate expertise to the satisfaction of the fire chief.

(b) The special inspection report shall include an evaluation of the facilities and recommendations consistent with the provisions of this title where appropriate. A copy of the report shall be filed with the fire chief at the same time that it is submitted to permittee.

(c) Responsible persons shall, within thirty days of said report, file with the fire chief a plan to implement all recommendations, or shall demonstrate to the satisfaction of the fire chief why such recommendations shall not be implemented.

(Ord. 4002 § 1 (part), 1990: Ord. 3435 § 1 (part), 1983)

An inspection by an employee of any other public agency may be deemed by the fire chief as a substitute for any requirement of the title.

(Ord. 4002 § 1 (part), 1990: Ord. 3435 § 1 (part), 1983)

All records required by this title shall be maintained by responsible persons for a period not less than three years. Said records shall be made available to the fire chief during normal working hours and upon reasonable notice.

(Ord. 4002 § 1 (part), 1990: Ord. 3435 § 1 (part), 1983)