Township of Fairfield, NJ
Essex County
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Table of Contents
Table of Contents
[1969 Code § 29A-1; Ord. No. 758; Ord. No. 866; Ord. No. 2002-04 §§ 1, 2]
a. 
This chapter is hereby established to effectively control hazardous chemicals. This chapter shall be enforced by the Fire Official of the Fire Prevention Bureau, known in this chapter as "Fire Official."
b. 
The Fire Official shall inspect, at least once each year, all facilities manufacturing, processing, handling, using or storing hazardous chemicals within the Township. He shall also make such additional inspections as are reasonably necessary to obtain compliance with the provisions of this chapter. For the purposes of this chapter hazardous chemicals shall mean those materials defined as such in of the BOCA Basic/ National Fire Prevention Code, as adopted by the Revised General Ordinances of the Township of Fairfield, hereafter referred to as the "Fire Prevention Code"[1] and including liquefied petroleum gas, explosive dust, flammable and combustible liquids Classes I, II and IIIA and organic coatings.
[1]
Editor's Note: See Chapter 14, Fire Prevention, Section 14-1.
c. 
The Fire Official and/or Township inspectors shall also inspect all other commercial and industrial plants and warehouses at least once each year to determine whether they require a permit under subsection 13-2.1 hereof and to determine the contents of the effluents being discharged into the Fairfield sanitary and storm sewer systems. Containers with inadequate labels shall be sampled and analyzed at the expense of the owner or tenant of the premises where that container is located.
d. 
After each inspection under this chapter, a written report is to be submitted by each inspector to the Fire Official, which report shall include, but not be limited to, any violations discovered and actions taken concerning same. The Fire Official shall submit a quarterly written report, which report shall be available to the public.
e. 
The Fire Official shall have the power, where there is or appears to be an imminent hazard affecting the life or safety of the public or property involving hazardous chemicals, to declare an emergency and order a remedy. In such an emergency, he shall have the power to order the suspension of the hazardous chemical operation. The method of suspension shall pose no threat to the public and shall be subject to the approval of the Fire Official. The suspension period shall be only as long as the emergency exists.
f. 
Definitions of special terms used in this chapter shall be defined by reference to the Township's Fire Prevention Code;[2] other terms and words shall be defined as in general.
[2]
Editor's Note: See Chapter 14, Fire Prevention.
[1969 Code § 29A-2; Ord. No. 758; Ord. No. 2002-04 § 1]
Each owner and/or lessee, which shall include individuals, partnerships and/or corporations who own or lease property and/or structures wherein and whereon hazardous chemicals are manufactured, processed, handled, used or stored in any manner, shall:
a. 
Have a permit as required under subsection 13-2.1 and show it, upon request, to Township officials.
b. 
Once a year provide the Fire Official with a safety control chemical data sheet, as described in Schedule I[1] herein. Submission to the Fire Official of a material safety data sheet in the form provided by the United States Department of Labor (Form LSBOOS-4) shall be an acceptable alternative. In using either sheet, materials having similar properties may be grouped on one sheet.
[1]
Editor's Note: Schedule I is included as an attachment to this chapter.
c. 
Once a year provide the Fire Official with a floor plan or plot plan of its property, indicating the location of hazardous chemical storage areas in the manner described in Schedule II[2] herein and including the location of all stationary liquid containers and container storage areas containing a significant quantity of hazardous chemicals on the premises, with the addition of waste disposal data required by Schedule I.
[2]
Editor's Note: Schedule II is available at the office of the Fire Official of the Fire Prevention Bureau. The standard size sheet is 24 by 36 inches, with the scale to be 1/8 inch or more to the foot.
[1969 Code § 29A-3; Ord. No. 758; Ord. No. 2002-04 § 1]
a. 
It is hereby determined that a permit shall be required for the manufacturing, processing, handling, use or storage of a significant quantity of hazardous chemicals in the Township. The fee for such permit shall be as set forth in Schedule III[1] hereof. A significant quantity shall be any amount equal to or in excess of those set forth in Schedule III. When the required fee has been paid to the Fire Official or other designated official and the other sections of this chapter have been complied with, a permit shall be issued by the Fire Official. The permit shall list, by type and class, as defined in the Fire Prevention Code, the hazardous chemicals which may be stored on the premises covered by the permit. For each type and class of hazardous chemicals, the permit shall list the areas in which storage of such hazardous chemicals is permitted, the amount permitted in each area and the type of storage, such as (by way of example and not limitation) underground tank, aboveground tank, or fifty-five gallon drum. The type or class of significant quantities of hazardous chemicals stored in a given area shall not be changed to a different type or to a more hazardous class without written notice to the Fire Official at least 24 hours before the change.
[1]
Editor's Note: Schedule III is included as an attachment to this chapter.
[1969 Code § 29A-3; Ord. No. 758; Ord. No. 866; Ord. No. 2002-04 § 1]
a. 
All application forms and other necessary forms shall be provided for by the Township and obtainable from the Fire Official. When completed, they shall be filed with the Fire Official, together with the required fee.
b. 
All permits shall expire on December 31 of the year in which they were issued. Applications for renewal of permits shall be filed 90 days prior to the expiration date in order that the application may be properly reviewed by the Fire Official. A permit shall be renewable for no more than the total amount of hazardous chemicals for which it was previously issued, except that this chapter shall not prohibit relocation of fuel-oil tanks. Changes in types and classes of hazardous chemicals within the previously allowed total amount shall not prevent reissuance of a permit as long as the other sections of this chapter are complied with.
c. 
The applicant must provide the Fire Official with a fully completed safety control chemical data sheet as required by subsection 13-1.2b. All items thereon shall be completed. If an answer to an item is properly "none" or "not applicable," it shall be so stated.
d. 
The applicant must also provide the Fire Official with a fully completed plot plan or floor plan required by subsection 13-1.2c.
e. 
The applicant shall clearly identify each storage tank and storage area by marking it in accordance with National Fire Protection Association (NFPA) 704 Standard. Underground tanks shall be marked on the fill or vent pipe. Drums and other container storage areas shall be clearly marked, in accordance with the NFPA system, in such a manner as to readily identify the hazardous chemicals stored therein.
f. 
It is the intention of this chapter that no permit applicant or holder may store hazardous chemicals in excess of the amount safely stored during the twelve-month period prior to the date of the introduction of this chapter.[1] The permit holder shall be permitted to build fixed tanks for the storage of inventory formerly stored in nonfixed containers. The quantity permitted may be increased in accordance with subsection 13-3.7e.
[1]
Editor's Note: This chapter was adopted 12-21-1981 as Ord. No. 758.
g. 
New permits for up to 300 gallons of hazardous chemicals may be issued where the use of hazardous chemicals is incidental to the principal business of the applicant.
h. 
All buildings and other structures in or upon which a significant quantity of hazardous chemicals are used or stored shall be clearly marked on or about the principal entrance in accordance with the NFPA 704 Standard placed on a fifteen-inch placard with six inch signals. The Fire Official may determine that any additional entrances must be marked in a similar fashion. Determinations of the relative hazards shall be made by the Fire Official in consultation with the Chemical Engineer. It shall be the responsibility of the permit holder to post, maintain and update the placards as needed and to remove them upon vacating the premises of chemical storage. Tampering with the placards shall be a violation of this chapter.
[1969 Code § 29A-4; Ord. No. 758; Ord. No. 2002-04 § 1]
a. 
All persons engaged in hazardous chemical operations shall carry out such operations in a manner to protect the health, safety and welfare of the public from such operations.
b. 
All persons engaged in hazardous chemical operations shall comply with the requirements and the standards set forth in this chapter. The Fire Official may accept equivalent protection where strict compliance would create a hardship.
[1969 Code § 29A-4; Ord. No. 758; Ord. No. 2002-04 § 1]
Every person engaged in hazardous chemical operations shall:
a. 
Comply with the Township's Building Code, Fire Prevention Code, Electrical Code, Plumbing Code, Sewer Code and such other codes and standards which have been or may be adopted by the Township.
b. 
Comply with the National Fire Codes or such codes relating to the hazardous chemical operation as shall be approved by the Fire Official. Any person desiring to utilize a standard not approved by the Fire Official shall notify him and supply a copy of such code or standard to the Fire Official for his approval.
c. 
Comply with State laws and regulations and Federal laws and regulations protecting public safety and health from hazardous chemicals.
d. 
Furnish a certificate of liability insurance in the amount of $1,000,000.
[1969 Code § 29A-4; Ord. No. 758; Ord. No. 2002-04 §§ 1, 3]
a. 
Every permit holder shall ensure that a qualified person shall be in charge at all times and at each and every place where hazardous chemical operations are carried out. The qualified person shall remain on the premises as long as the manufacture, use, processing or handling of hazardous chemicals is being carried out and shall return to the premises when required under emergent circumstances. To be a qualified person, the individual shall be knowledgeable in the chemical and physical processes utilized by the permit holder and shall be selected, trained and designated by the permit holder.
b. 
The permit holder shall furnish to the Fire Official, for the Fire Chief and Police Chief, a list of qualified persons, with their addresses and telephone numbers, to be contacted in the event of any emergency circumstances.
[1969 Code § 29A-4; Ord. No. 758]
Unstable (reactive) chemicals, as defined in the Fire Prevention Code, and assigned a reactivity index of 3 or 4 according to NFPA standards are hereby prohibited within the confines of the Township.
[1969 Code § 29A-4; Ord. No. 758; Ord. No. 849; Ord. No. 2002-04 § 1]
a. 
Wherever hazardous chemicals are present in vehicles or aboveground tanks or other containers, adequate drainage or diking shall be provided to the satisfaction of the Fire Official. Satisfactory provisions for the prevention, control and countermeasures for leakage or spills of hazardous chemicals, including a written plan, shall be provided to the satisfaction of the Fire Official.
b. 
All storage areas for drums, carboys, barrels, bags, cylinders and all other types of containers shall comply with the appropriate provisions of the New Jersey Uniform Construction Code,[1] the Fire Prevention Code and nationally recognized standards.
[1]
Editor's Note: See N.J.S.A. 52:27D-119 et seq. and Chapter 10, Building and Housing, Section 10-1.
c. 
Each storage tank and storage area shall be clearly marked in accordance with Section 13-2 of this chapter.
d. 
All underground storage tanks containing hazardous chemicals shall be tested by the Kent-Moore test following nationally recognized standards within four years of the adoption of this chapter and at five year intervals thereafter. All aboveground tanks shall be inspected, including testing for leaks, as the Fire Official may require.
e. 
Tank trucks or trailers, trucks, trailers or mobile containers shall not be utilized for the storage of hazardous chemicals.
[1969 Code § 29A-4; Ord. No. 758; Ord. No. 2002-04 § 1]
a. 
All loading, unloading or transfer of hazardous chemicals shall take place entirely on the permit holder's premises and under the supervision of a qualified person.
b. 
Liquid or bulk solid hazardous chemicals shall be transferred from a vehicle to a storage tank and not directly to cylinders, drums, portable tanks or similar containers except in an emergency.
c. 
All vehicles carrying hazardous chemicals shall stand or be parked only in a secure area where they are under the care, custody and control of a permit holder.
d. 
All vehicles carrying hazardous chemicals shall be moved expeditiously through the Township and in accordance with Township, State and Federal law on such movements. The permit holder shall provide a qualified person who shall ensure that such movements comply with this requirement for shipments to or from his premises.
e. 
All tank trucks containing hazardous chemicals shall be loaded or unloaded within two working days. If the above requirements cannot be complied with, the Fire Official shall be notified immediately by telephone.
f. 
A person who loads or unloads hazardous chemicals shall comply with the applicable Federal laws and regulations.
[1969 Code § 29A-4; Ord. No. 758; Ord. No. 866; Ord. No. 2002-04 § 1]
a. 
In every building and structure where hazardous chemical operations are carried out, there shall be not less than two approved independent exitways servicing every floor area and leading to less hazardous locations. Stairways shall be enclosed. All exitways and stairways shall meet the construction requirements of the New Jersey Uniform Construction Code[1] and the maintenance requirements of the Township Fire Prevention Code.
[1]
Editor's Note: See N.J.S.A. 52:27D-119 et seq. and Chapter 10, Building and Housing, Section 10-1.
b. 
Enclosed areas where hazardous chemical operations are carried out shall be provided with an approved automatic sprinkler or other appropriate protection in accordance with the New Jersey Uniform Construction Code under approved supervision.
c. 
Explosion venting shall be provided where hazardous chemical operations are carried out as required by the New Jersey Uniform Construction Code.
d. 
All boilers and pressure vessels associated with hazardous chemical operations shall be in current compliance with applicable State law and regulations. Any such boiler or pressure vessel not in current compliance shall be declared an imminent hazard in accordance with subsection 13-1.1 and shall be brought to atmospheric pressure and emptied of its contents forthwith, with due regard for the safety of the public.
e. 
All existing buildings and structures and their equipment, tanks, process equipment, and all other facilities used for or associated with hazardous chemical operations shall be brought into and maintained in compliance with Federal, State and Township public safety laws, regulations or nationally recognized standards within five years from the effective date of this chapter.[2] Plans for compliance with the requirements may include an increase in the quantity of hazardous chemicals permitted to be stored when the Fire Official has determined that such an increase shall contribute to significantly reducing the exposure of the public to hazardous chemicals. All such plans shall be submitted for approval to the Fire Official and as required by ordinance.
[2]
Editor's Note: This chapter was adopted 12-21-1981 as Ord. No. 758.
f. 
All containers containing hazardous waste, oil, waste oil or oil-coated products stored outside shall be kept on an impervious surface, such as concrete, lined, if necessary, with adequate provisions made to control leakage and spillage. All unusable or otherwise unsafe drums, barrels, carboys or other containers used for the storage or transportation of chemicals shall not remain on a premises for more than 90 days without authorization from the Fire Official. Any containers intended for reuse must have all prior labels removed, be appropriately cleaned and be identified with the new intended use and shall be stored in a safe manner.
[1969 Code § 29A-4; Ord. No. 758; Ord. No. 866; Ord. No. 2002-04 § 1]
Every permit holder shall conduct hazardous chemical operations so as to prevent the release of noxious or toxic fumes, mists, dusts, vapors, gases, odors or other emissions into the atmosphere and liquid or solid wastes to the earth or natural waters. Owners and operators of facilities generating or storing hazardous or petroleum waste shall file a waste generator activity report on a form provided by the Fire Official. Copies of any New Jersey Department of Environmental Protection manifests or other similar activity reports made to State or Federal agencies for this purpose may be used to satisfy all or part of this requirement. Generators shall file new or amended reports upon any substantial change in the amounts or types of wastes generated, but, in any case, updated reports shall be filed every three years. Willful misstatements or omissions shall constitute a violation of this chapter. Any violation of State and Federal air or water pollution or solid waste laws or regulations shall also constitute a violation of this chapter. The cleanup of leaks or spills shall be the responsibility of the permit holder or the owner.
[1969 Code § 29A-4; Ord. No. 758; Ord. No. 2002-04 § 1]
In the event of any fire, explosion, structural failure or other accident relating to hazardous chemicals, the permit holder shall immediately notify the Police and Fire Departments, who will in turn notify the Fire Official. Such notification shall be required, notwithstanding the permit holder's actual or anticipated ability to control the accident without affecting public safety.
[1969 Code § 29A-4; Ord. No. 758]
Each person who carries out hazardous chemical operations shall instruct each of his officers, agents and employees having any responsibility for such operations as to applicable requirements in this chapter.
[1969 Code § 29A-4; Ord. No. 758; Ord. No. 2002-04 § 1]
The abandonment or removal of tanks which contain hazardous chemicals shall comply with the appropriate sections of the New Jersey Uniform Construction Code, the Fire Prevention Code or such other equivalent requirements acceptable to the Fire Official.
[1969 Code § 29A-5; Ord. No. 758; Ord. No. 2002-04 § 1]
The Fire Official shall use all reasonable means to see that information clearly designated by an applicant or permit holder as a trade secret is maintained as such. Such information shall be used by the Fire Official and such experts as are utilized by the Township on a need-to-know basis in order to perform their duties. Such information shall not be made available to other persons unless clearly required by an emergency situation. The Fire Official shall follow the procedures set up by the Department of Environmental Protection when dealing with trade secrets.
[1969 Code § 29A-6; Ord. No. 758]
Every day after an initial court adjudication of a violation that the provisions of this chapter are violated by an owner and/or lessee of any building or location shall be a separate and distinct violation of this chapter.
[1969 Code § 29A-8; Ord. No. 758; Ord. No. 2002-04 § 1]
a. 
Service of Notice. Any person, firm or corporation who shall, as principal or agent, violate any of the provisions of this chapter and shall fail, within five days after notice of a violation complained of, served personally or by certified mail, to abate the violation shall, upon conviction thereof, be liable to the penalty stated in Chapter 1, Section 1-5. Each and every day of the continuation of the violation following the fifth day after notice requiring its abatement shall be considered a separate and specific violation of this chapter.
b. 
Extension of Time Limit. The Fire Official, upon proof by the owner and/or lessee, may, in his discretion, extend the five days' time limit to abate if he determines that the violator is making good faith efforts to abate the violation.
[1969 Code § 29A-8; Ord. No. 758; Ord. No. 866; Ord. No. 2002-04 § 1]
a. 
Upon the denial of a permit required by Section 13-2 or where enforcement of any provision of this chapter would work a substantial financial hardship, an aggrieved party may appeal to the Mayor and Council. No such appeal shall stay the enforcement of the provisions of this chapter where the lives and safety of people or property would be adversely affected.
b. 
An application for appeal must be submitted to the Mayor and Council within seven days of the date of notice or order of the Fire Official. All appeals to the Mayor and Council shall be accompanied by a fee of $200.
c. 
The Mayor and Council shall make its decision within 30 days of the receipt of the appeal.
d. 
Any prosecution in the Fairfield Municipal Court dealing with the subject matter of the appeal shall be stayed pending the outcome of the appeal.
[1969 Code § 29A-11; Ord. No. 758; Ord. No. 866; Ord. No. 2002-04 § 1]
a. 
This chapter shall not apply to vehicle fuel or heating oil or gas when stored for on-premises consumption by the owner or tenant.
b. 
This chapter shall cover nonresidential use, including the sale of liquefied petroleum gas.
c. 
This chapter shall not cover gasoline stations, liquor stores or taverns, retail dry-cleaning plants, nor shall the chapter cover the use of hazardous chemicals on residential properties for noncommercial purposes.
d. 
The required control provisions of Section 13-3 shall apply to any industry using or storing hazardous chemicals or hazardous or petroleum waste if determined to be a hazard by the Fire Official.
e. 
This chapter shall apply to the bulk storage of Level III aerosol products, including those in consumer packaging, as defined in Factory Mutual Standard 7-29S, which is hereby adopted by reference.
[Ord. No. 92-33 § 1]
As used in this section, the following terms shall have the meanings indicated:
EXPENDABLE ITEMS
Shall mean any items used to extinguish any fire or stop or contain any leak of spill involving any hazardous material which cannot be reused or cannot be replenished without cost after that particular fire, leak or spill. These include but are not restricted to firefighting foam, chemical extinguishing agents, absorbent material, sand, recovery drums and specialized protective equipment, to include but not be restricted to acid suits, acid gloves, goggles and protective clothing.
HAZARDOUS MATERIAL
Shall mean any material solid, liquid or gas listed as such under the current National Fire Protection Association Guide to Hazardous Materials or U.S. Department of Transportation Emergency Response Guide Book or any other material that the Fire Department Incident Commander at the scene classifies as such in order to protect the public safety, health or environment under the emergency conditions present.
VEHICLE
Shall mean any motorized equipment, registered or unregistered, including but not limited to passenger cars, motorcycles, trucks, tractor-trailers, construction equipment and farm machinery.
VESSEL
Shall mean any container, drum, box, cylinder or tank used to hold or contain or carry or store any hazardous material.
[Ord. No. 92-33 § 1]
a. 
This section provides for the replacement or reimbursement of the specialized and sometimes non-reusable equipment required by State and Federal regulations to be made available in the Township in case of fire, leakage or spillage involving any hazardous material.
b. 
This section entitles the Township of Fairfield to reimbursement for any expendable items used by the Township or any of its agencies in extinguishing any fire, stopping or containing any leak or controlling any spill of hazardous materials.
[Ord. No. 92-33 § 1]
Reimbursement to the Township of Fairfield for any expendable items used shall be made by the following parties.
a. 
The owner or operator of any vehicle responsible for any fire, leak or spill of hazardous material.
b. 
The owner or person responsible for any vessel containing hazardous material involved in any fire, leak or spill on public or private property, whether stationary or in transit, whether accidental or through negligence.
c. 
The owner or person responsible for any property from which any leak or spill of hazardous material emanates, whether accidental or through negligence.
d. 
Any person responsible for any fire, leak or spill of hazardous material on public or private property, whether accidental or through negligence.
[Ord. No. 92-33 § 1]
Any person or company responsible for any fire, leak or spill involving a hazardous material must provide reimbursement for services rendered by any recovery company, towing company or other technical assistance called for by the Fire Department to handle such incident.
[Ord. No. 92-33 § 1]
Any person, owner or company responsible for any fire, leak or spill of hazardous material shall reimburse the Township of Fairfield Fire Department for the full price of any expendable items used to extinguish such a fire, stop or contain such a leak or control such a spill within a period of 45 days after receipt of a bill for such items from the Township of Fairfield Fire Department.
[Ord. No. 92-33 § 1]
Any person, owner or company responsible for any fire, leak or spill of hazardous materials who fails to reimburse the Township of Fairfield Fire Department within the time set forth in this chapter shall be subject to a fine of not less than $50 nor more than $500 per day or to imprisonment for a period of not more than six months, or both.
[Ord. No. 92-33 § 1]
All reimbursements collected for hazardous material incidents shall be placed into the Fire Department's operation and equipment budget. A record of all such funds shall be maintained by the Office of Fire Prevention and a report furnished to the Mayor and Council on a yearly basis.