A.
Any
person who stores any hazardous materials shall obtain and keep current
a permit issued pursuant to the provisions of this chapter. One such
permit shall be issued for a single establishment and include all
of the storage facilities located on the establishment.
B.
For
each establishment, additional approvals shall be obtained for any
storage facility thereafter connected, installed, constructed, repaired,
substantially modified, replaced, closed or removed.
C.
An addendum
to the permit is required:
1.
Prior
to any change or addition which results in the storage of previously
undisclosed hazardous materials at the establishment or an additional
quantity of hazardous materials on the premises; provided, however,
that a permittee shall have thirty working days from the date of the
arrival of previously undisclosed hazardous materials or an additional
quantity of hazardous materials to apply for an addendum to the permit,
following the same procedures required for an application for a permit,
for the storing of previously undisclosed hazardous materials with
the same hazard class as stated on the existing permit approvals or
an additional quantity of hazardous materials where such storage,
in the opinion of the chief, does not increase health hazards and,
in the opinion of the chief, does not increase fire hazards. Storage
of previously undisclosed hazardous materials of a different hazard
class or additional quantities of hazardous materials, not meeting
all of these criteria, shall require an addendum to the permit prior
to receipt of such previously undisclosed hazardous materials of a
different hazard class or additional quantities of hazardous materials.
(Ord. 11-3 § 2)
Any person required to obtain a permit by this chapter shall
make a written application to the fire department upon forms furnished
for that purpose and certify that it meets the requirements of this
chapter. No applications may be accepted unless and until the permit
fee has been paid. The fire department shall furnish an application
form containing the following:
A.
General
application information, which shall include, but not be limited to:
1.
The
name and address of the establishment and business telephone number
of the applicant, the name and titles and twenty-four hour emergency
telephone numbers of the primary response person and an alternate.
2.
The
name and address of the person who owns the establishment and, if
different, the name and address of the person(s) who operate the establishment
or any portion thereof.
(Ord. 11-3 § 2)
The chief shall conduct an inspection of the establishment prior
to the approval of a permit.
(Ord. 11-3 § 2)
Permit applications shall be referred to the chief for approval
and no permit shall be issued without approval. Additionally, when,
in order to meet the requirements of this chapter, the applicant is
required to perform any installation, construction, alteration, conversion,
change in use, repair, grading, moving or demolition of any structure
requiring a building permit pursuant to the California Building Code,
the chief shall not approve the permit until the applicant obtains
the appropriate building permits.
(Ord. 11-3 § 2)
A.
The
chief may grant a temporary permit to an applicant with a demonstrated
need for a period not to exceed ninety days and subject to any conditions
that the chief deems reasonably necessary to protect against the risk
of fire or other health hazard.
B.
The
chief may approve temporary storage of such materials in storage facilities
and under circumstances that do not comply with all the provisions
of this code; provided, that the chief determines that such temporary
storage does not present any increased risk of fire or health hazard.
C.
The
chief may grant a one-time extension of the temporary permit for an
additional ninety days. At the expiration of the temporary permit,
the chief shall grant or deny a full term permit in accordance with
the provisions of this chapter.
(Ord. 11-3 § 2)
A.
The
permit shall contain the following information:
1.
The
name and address of the permittee for the purposes of notice and service
process;
2.
The
street address of the establishment for which the permit is issued;
3.
The
date the permit is effective;
4.
The
date of expiration;
5.
When
applicable, a designation that the permit is temporary; and
6.
Any
special conditions of the permit.
B.
The
permittee shall post a notice, in a location open to public access
at all times, at each establishment for which a permit is obtained.
The notice shall contain a copy of the permit obtained pursuant to
this chapter.
(Ord. 11-3 § 2)
The fire department shall maintain a record of all applications
filed, permits issued and all conditions attached thereto.
(Ord. 11-3 § 2)
A permit shall be issued for a term of one year, except as otherwise
provided in this chapter.
(Ord. 11-3 § 2)
A.
Every
application for the renewal of a permit or extension of a temporary
permit shall be made at least thirty days prior to the expiration
date of such permit. The application for renewal shall include a completed
inventory form, the permit fee and a certification by the permittee
that the permittee has reviewed the information submitted on the permit
application and any addenda thereto and that any necessary changes
to the permit application and addenda have been made. No permit may
be renewed without the timely payment of the permit fee.
B.
The
chief shall inspect annually each establishment for which a permit
renewal is sought. Any permit for which a properly completed application
for renewal has been received by the chief prior to the expiration
date shall remain in effect until a decision has been made on the
application and all administrative appeals have been exhausted or
the time therefor has expired.
(Ord. 11-3 § 2)
A permit does not take the place of any license required by
state, federal, or local law, nor does the compliance with the permit
requirements of this chapter relieve any party of compliance with
any other applicable state, federal, or local law.
(Ord. 11-3 § 2)
The chief shall grant or deny a permit, an addendum to a permit, a renewal of a permit, or a temporary permit pursuant to Article II, Section 8.18.220 within ninety days from the date that the completed application is received by the department. This time limit may be extended by written agreement executed by the chief and the applicant.
(Ord. 11-3 § 2)
Permit applicants shall not be entitled to a refund or rebate
of a permit fee because the permit is denied or application withdrawn.
Permit fees are not refundable if the permittee discontinues the activity
or use of an establishment prior to the expiration of the term or
if the permit is suspended or revoked prior to the expiration of the
term.
(Ord. 11-3 § 2)
Payment of a permit fee as provided in this chapter does not
exempt the permittee from payment of any other charges which may be
levied pursuant to other sections of the municipal code or written
rules and regulations of any department relating to the permit.
(Ord. 11-3 § 2)
The permit is not transferable to another address or owner.
(Ord. 11-3 § 2)
No permit shall become effective until receipt of the chief's
signature is made.
(Ord. 11-3 § 2)
The chief shall deny the application: (1) if the applicant fails
to comply with any provisions of this chapter and the chief determines
that the applicant does not qualify for a temporary permit as provided
in this chapter; or (2) pursuant to the permit procedures set forth
in this chapter.
(Ord. 11-3 § 2)
The decision to deny the application shall be given to the applicant in writing, setting forth the findings upon which the decision is based and mailed to the applicant by certified mail at the address specified in the application. The decision of the chief may be appealed in the manner prescribed in Article IV, Section 8.18.490 and shall be so indicated in the decision.
(Ord. 11-3 § 2)
