1713 - Ordinance - Repealing Ordinance No. 1443 Hazardous Materials Facility Warning SystemORDINANCE NO. 1713 y
AN ORDINANCE OF THE CITY OF PORT ORCHARD
REPEALING ORDINANCE NO. 1443 (POMC 15.48) AND
REESTABLISHING POMC 15.48 TO PROVIDE FOR A
HAZARDOUS MATERIALS FACILITY WARNING SYSTEM
FOR THE CITY OF PORT ORCHARD/KITSAP COUNTY
FIRST RESPONSE COMMUNITY.
WHEREAS, Superfund Amendments Reauthorization Act of 1986 (SARA),
Title III requires all Fire Departments to be familiar with every facility handling reportable
quantities of hazardous materials; and
WHEREAS, SARA Title III requires the identification of facilities and their
emergency response procedures on site and off site; and
WHEREAS, Kitsap County and the cities of Bremerton, Port Orchard, Poulsbo
and Bainbridge Island have a joint Local Emergency Planning Committee to address the
requirements of SARA Title III; and
WHEREAS, the Uniform Fire Code, as adopted by City of Port Orchard
provide for key boxes and the need for additional safeguards when special hazards exist; and
WHEREAS, the City of Port Orchard and Kitsap County Fire District No. 7 have
entered into an Agreement for the District to provide fire protection to the City commencing
January 3, 1998, now, therefore,
THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON
DOES ORDAIN AS FOLLOWS:
SECTION 1. Ordinance No. 1443 (POMC 15.48) is hereby repealed in its entirety.
SECTION 2. Port Orchard Municipal Code 15.48 is reestablished to read:
(1) Lock Boxes — Required. Any facility that uses, stores, handles, or
manufactures reportable quantities of hazardous materials as defined by Environmental
Protection Agency 40 CFR Parts 300 and 355 (Extremely Hazardous Substances List and
Threshold Planning Quantities; Emergency Planning and Release Notification Requirements)
as now authorized or hereafter amended that apply to the facility shall provide approved "lock
boxes" for storage of Material Safety Data Sheets (MSDS's).
(2) Lock boxes — Specifications — Location. The lock boxes shall be weather
tight and marked with the letters MSDS in blue reflective material not less than 2 inches high with a 1/2
inch stroke on a white background. The "lock boxes" shall be located outside the Facility and on the
address side of the building when possible.
Ordinance No. 1713
Page 2 of 2
(3) Lock boxes — Security. The lock box shall be secured with a lock
approved by the local Fire Authority.
(4) Lock boxes — Contents. The 'lock box" shall also contain a 24-hour
contact list of facility personnel knowledgeable about safety procedures for such materials, and
the location of emergency fire fighting and spill control equipment on -site.
(5) Lock boxes — Changes to contents. The Facility Operator shall update
documents within the "lock box" as changes are made.
(6) Enforcement. The Fire Chief of the Fire Authority or his designee shall
enforce this ordinance.
(7) Violation - Penalties. Any person, business, company or corporation
violating this ordinance by failing to erect a 'lock box" as required by Sections 1 through 5 of
this ordinance shall be liable for a civil fine of $500.
PASSED by the City Council of the City of Port Orchard, APPROVED by the
Mayor and attested by the Clerk in authentication of such passage this 91" day of February 1998.
ATTEST: /
Patricia Parks, City Clerk
APPROVED AS TO FORM:
4-ESLIEJ AEATHE:Rhl_�LMAYOR
SPONSORED BY:
City Attorney Councilman Morrison