Title
To amend section 2551.09 (a) "Hazardous Materials Transportation" of the City of Columbus Fire Prevention Code (Title Twenty-five), to establish a fee for issuing a hazardous materials transportation permit, and to declare an emergency.(NFI)
Explanation
BACKGROUND:
An omission was discovered in Chapter 2551.09 (a) "Hazardous Materials Transportation" in that no dollar amount for this permit was specified in the code. A review of the original ordinance (136-85) confirmed the absence of a dollar amount being specified. The process required to issue this permit was reviewed to establish a fee amount that does reflect the Division of Fire's costs associated with the issuing of this permit.
FISCAL IMPACT: New fee reflects the Fire Division's costs associated with processing the application.
EMERGENCY DESIGNATION: Emergency action is requested to insure code changes are made as promptly as possible.
Body
Whereas, Ordinance 136-85 established Chapter 2551.09 "Hazardous Materials Transportation" to regulate the transportation of hazardous materials in and through the City of Columbus; and
Whereas, a procedure was established for the Division of Fire to grant a permit to operate in exception to the regulations; and
Whereas, no specific dollar amount was specified as the required fee for processing the application; Now, therefore,
WHEREAS, an emergency exists in the usual daily operation of the Department of Public Safety, Division of Fire, in that it is immediately necessary to make said code changes for the aforementioned purpose for the preservation of the public health, peace, property, safety, and welfare; Now, Therefore,
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBUS
Section 1. That Section 2551.09 of the Columbus City Code, 1959, is hereby amended to read as follows:
The following procedure shall apply to the granting of permits to operate in exception to the regulations set forth herein:
(a) Application for a permit shall be made to the Fire Chief on the forms provided and accompanied by the a fee required herein. of one hundred fifty dollars ($150.00) plus ten dollars ($10.00) per each vehicle listed on the application. All applications shall be acted on within 30 days of submission to the Fire Chief and timely notice of approval or denial shall be given to the applicant.
A single permit shall be granted to a transporter (carrier, trucking company, etc.) for the hazardous materials identified in Section 2551.05.
(b) Permits denied by the Fire Chief shall be subject to review by a hearing before the Director of Public Safety on approval by the applicant made to said Director within 30 days of the receipt of notice of denial.
(c) Permits will be granted only where the following criteria are met as determined by the Fire Chief:
(1) Compelling need is shown, that is, the applicant must show that delivery or pick-up of the hazardous material identified in Section 2551.05 can be made only by entering the area defined by Section 2551.06(e) during the time period identified in Section 2551.06(d).
(2) Transportation of the hazardous material is in the public interest.
(d) Permits issued shall set forth conditions such as routes and other special precautions as determined by the Fire Chief.
(e) Permits shall be granted for a period of one (1) year and be automatically renewed upon application unless revoked for cause after a hearing before the Director of Public Safety.
(f) Permits shall be revocable and nontransferable. (Ord. 136-85.)
Section 2. That for the reasons stated in the preamble hereto, which is hereby made a part hereof, this ordinance is hereby declared an emergency measure and shall take effect and be in force from and after its passage and approval by the Mayor, or ten days after passage if the Mayor neither approves nor vetoes the same.