Title 11 HEALTH AND SAFETY
Chapter 11.78 INSPECTIONS AND RECORDS
11.78.010 Inspections by the director.
11.78.020 Right of entry.
11.78.030 Inspections by permittee.
11.78.040 Special inspections.
11.78.045 Demonstration to director.
11.78.050 Maintenance of records.
11.78.010 Inspections by the director.
The director may conduct inspections, at his/her discretion, for the
purpose of ascertaining compliance with this division and causing to be
corrected any conditions which would constitute any violation of this division
or of any other statute, code, rule or regulation affecting the underground
storage of hazardous materials. Such inspections may be in conjunction with or
in addition to inspections conducted by the CUPA as required by the unified
program. (Ord. 97-0016 § 37, 1997: Ord. 83-0208 § 1 (part), 1983: Ord.
83-0206U § 1 (part), 1983.)
11.78.020 Right of entry.
Whenever necessary for the purpose of investigating or enforcing the
provisions of this division, or whenever the director or CUPA has reasonable
cause to believe that there exists in any structure or upon any premises any
condition which constitutes a violation of this division, said officer may enter
such structure or premises at all reasonable times to inspect the same, or to
perform any duty imposed upon him by law; provided, that if such structure or
premises be occupied, the officer shall first present proper credentials and
request entry; and further provided, that if such structure or premises is
unoccupied, the officer shall first make a reasonable attempt to contact a
responsible person from such a firm or corporation and request entry, except in
emergency circumstances. If such entry is refused, the officer seeking entry
shall have recourse to every remedy provided by law to secure entry. (Ord.
97-0016 § 38, 1997: Ord. 83-0208 § 1 (part), 1983: Ord. 83-0206U
§ 1 (part), 1983.)
11.78.030 Inspections by permittee.
The permittee shall conduct regular inspections of its own facilities as
specified in its permit to assure compliance with this division and shall
maintain logs or file reports in accordance with its permit. In no event shall
the permittee inspect its facility less than once every three years. The person
conducting such inspections shall be qualified to conduct such inspections.
(Ord. 84-0046 § 4, 1984: Ord. 83-0208 § 1 (part), 1983: Ord. 83-0206U
§ 1 (part), 1983.)
11.78.040 Special inspections.
In addition to the inspections specified above, the director may require
the periodic employment of special inspectors to conduct an audit or assessment
of permittee’s facility to make a hazardous material safety evaluation and
to determine compliance with the provisions of this division.
A. The special
inspector shall be a qualified person or firm who shall demonstrate expertise to
the satisfaction of the director.
B. The special inspection report shall
include an evaluation of the facilities and recommendations consistent with the
provisions of this division where appropriate. A copy of the report shall be
filed with the director at the same time that it is submitted to the
permittee.
C. Permittee shall, within thirty days of said report, file with
the director a plan to implement all recommendations, or shall demonstrate to
the satisfaction of the director why such recommendations should not be
implemented. (Ord. 97-0016 § 39, 1997: Ord. 83-0208 § 1 (part), 1983:
Ord. 83-0206U § 1 (part), 1983.)
11.78.045 Demonstration to director.
The director may require that any regular or special inspection by the
permittee pursuant to this chapter be made in the presence of a representative
of the director. The director may further require advance notice of not less
than 72 hours as to the availability of equipment, material and personnel
required to conduct such inspection. (Ord. 97-0016 § 40, 1997: Ord. 84-0046
§ 5, 1984.)
11.78.050 Maintenance of records.
All records required by this division shall be maintained by the permittee
as provided by state regulations but in no case for less than three years. Said
records shall be made available to the director or CUPA during normal working
hours and at any time upon reasonable notice. (Ord. 97-0016 § 41, 1997:
Ord. 83-0208 § 1 (part), 1983: Ord. 83-0206U § 1 (part),
1983.)
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