Hazardous materials transportation - see FIRE PREV. Ch. 2551

The purpose and intent of the Code is to regulate hazardous substances located at facilities within the city of Columbus and/or the jurisdiction of the Columbus division of fire in order to protect the public health, safety, and welfare from potential harm due to the presence of such substances. (Ord. 2789-88.)

(A) The Emergency Planning and Community Right To Know Act of 1986 of the Superfund Amendment and Reauthorization Act of 1986, 100 Stat. 1729, 42 U.S.C. 11001 et seq., and applicable federal regulations thereunder, now and hereafter adopted under the Act, are hereby adopted by reference and incorporated fully into this chapter.
(B) The provisions set forth in (A) above shall be the minimum requirements with which all facilities located within the city of Columbus and/or the jurisdiction of the Columbus division of fire shall comply. (Ord. 2789-88.)

The Chief of the division of fire may promulgate additional rules and regulations necessary to protect the health, safety and welfare of the public and city personnel from the potential, threatened or actual release of hazardous substances from any facility.
(A) No regulation shall be promulgated which is less stringent than those provided for under Section 2510.02(A) of this chapter.
(B) The Chief may identify and list as hazardous those substances which are not otherwise listed under Section 2510.02(A) of this chapter, and for which there is scientific evidence that acute or chronic health effects may result from exposure, including carcinogens, toxic and highly toxic agents, reproductive toxins, irritants, corrosives, sensitizers, hepatotoxics, nephrotoxins, neurotoxins, agents which act on the hematopoletic system, obnoxious substances causing odor and taste problems, and agents which damage the lungs, skin, eyes or mucous membranes.
(C) The Chief may promulgate rules and regulations in addition to those provided under Section 2510.02(A) regarding hazardous substances listed under Section 2510.02(A) or 2510.03(B). These rules and regulations may include, without limitation, additional reporting requirements concerning the type, quantity, location, hazard potential, release notification, and emergency procedures for any hazardous substance present at a facility. The Chief may adopt and require the use of a reporting form for this purpose.
(D) The Chief may require the submission of Material Safety Data Sheets for any chemical located at a facility to determine the potential hazard to the public or to city personnel for the protection of the public health, safety, and welfare, as limited by provisions of Section 2510.02(A) of this chapter. (Ord. 2789-88.)

The division of fire shall enforce all applicable provisions of this chapter and all regulations adopted pursuant hereto. Where provisions of Section 2510.02(A) preempt enforcement under Chapter 2501, Columbus Fire Prevention Code, enforcement shall be pursuant to the provisions of Section 2510.02(A). (Ord. 2789-88.)

Any person who violates any provision of this chapter or any rule or regulation adopted pursuant hereto, shall be subject to all the penalties provided in Section 2501.99 of the Columbus City Codes. (Ord. 77-89.)

The provisions of this chapter shall not be construed to repeal any other provisions of the Columbus Fire Prevention Code, Title Twenty-Five, except that where provisions conflict, the more stringent provision shall prevail to the extent necessary to resolve the conflict. (Ord. 2789-88.)

The provisions of this chapter shall be deemed to be severable; and if any of its provisions shall be held unconstitutional by any court of competent jurisdiction, the decision of such court shall not impair any of the remaining provisions. (Ord. 2789-88.)