As used in this article, the following terms
shall have the meanings indicated:
ACTIVE TRANSIT
Continual uninterrupted movement through the Borough of Paramus
by the most expeditious route without stopping except for delays caused
by traffic or traffic signals.
CHEMICALS
Chemical products useful in manufacturing other products
all used as part of a chemical process or for research and development.
HAZARDOUS CHEMICALS
As defined by the BOCA Basic Fire Prevention Code - 1981,
Section 3000.3, as adopted by the Borough of Paramus, and including
liquefied petroleum gas, explosive dust, flammable and combustible
liquids and organic coatings.
OWNER
A person or persons who has title to or is in control of
or in possession of real property in the Borough of Paramus.
It is hereby determined that a permit shall
be required for the manufacturing, processing, handling, use or storage
of significant quantities of hazardous chemicals in the Borough. A
significant quantity shall be more than 220 gallons of liquids or
more than 100 pounds of any one gas or solid or combination of gases,
solids or both. This article shall not cover vehicle fuel or heating
oil or gas when stored for on-premises consumption by the owner or
lessee. This article shall not cover gasoline stations or liquor stores
or taverns. Persons required to obtain a permit shall:
A. Obtain a permit from the Borough Clerk upon the payment
of a processing fee of $250.
[Amended 3-23-1999 by Ord. No. 99-06]
B. Provide the Borough Health Office and Fire Prevention
Bureau with a safety control chemical data sheet as described in Schedule
1, at the beginning of each year.
C. Provide the Borough Health Office and Fire Prevention
Bureau each year with a plot plan of its property indicating the location
of hazardous chemical storage areas, including the location of all
stationary liquid containers and container storage areas containing
hazardous chemicals on said premises.
Every permit holder shall conduct hazardous
chemical operations so as to prevent the release of noxious or other
fumes, mists, dusts, vapors, gasses, odors or other emissions into
the atmosphere. Any violation of state and federal air or water pollution
or solid waste laws or regulations shall also constitute a violation
of this article.
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. Such
notification shall be required notwithstanding the permit holder's
actual or anticipated ability to control the accident without affecting
public safety.
The abandonment or removal of tanks or containers
which contain hazardous chemicals shall comply with the appropriate
sections of the New Jersey Uniform Construction Code, the BOCA Basic
Fire Prevention Code or other equivalent requirements acceptable to
the Fire Prevention Bureau.
[Amended 11-24-1992 by Ord. No. 92-23; 3-14-2006 by Ord. No.
06-2]
A. The Fire Subcode Official shall give written notice
of any violation of the provisions of this article to any owner and/or
lessee who occupies premises that are subject to this article as follows:
(1) Ten days' written notice to abate or correct any violation
other than that requiring structural or mechanical changes in the
building.
(2) Thirty days' written notice to abate or correct any
violation requiring structural or mechanical changes in the building.
B. No complaint shall be filed upon proof by the owner
and/or lessee occupying such premises to the Fire Subcode Official
that the abatement or correction of the violation of the provisions
of this article has been commenced in good faith and work relating
thereto is continuing.
C. Upon failure of the owner and/or lessee to complete the abatement or correction of the violation of the provisions of this article, then, upon the filing of a complaint by the Fire Subcode Official and conviction in the Municipal Court, the owner and/or lessee shall be subject, for each offense, to the penalties provided by §
1-15 of this Code.
This article shall not apply to vehicle fuel,
heating oil and gas when stored for on-premises consumption by the
property owner and shall not apply to gasoline stations, liquor stores,
taverns or retail establishments or the use of hazardous chemicals,
as defined herein, on residential properties for noncommercial purposes.