HAZARDOUS MATERIAL TRANSPORTATION

Codified Ordinances of Cleveland pt. THREE, pt. IIID, tit. XI, ch. 394

in effect

Codified Ordinances of Cleveland § 394.01 Purpose

§ 394.01 Purpose The purpose and intent of this chapter is to protect the public health, safety, and welfare from the potential hazards of fire, explosion, and exposure to toxic substances that accompany a hazardous materials incident by regulating the transportation of hazardous substances or material in and through the City of Cleveland, and the development and maintenance of the capability for emergency response. (Ord. No. 1253-07. Passed 11-19-07, eff. 11-21-07)

Codified Ordinances of Cleveland § 394.02 Scope

§ 394.02 Scope This chapter applies to all substances or materials defined as hazardous materials in this chapter that are transported in and through the City of Cleveland. This chapter applies, in addition to all other sections of this Fire Prevention Code, all other ordinances of the City regarding hazardous substances or materials, and any rules or regulations of other City departments, boards, or commissions that apply. (Ord. No. 1253-07. Passed 11-19-07, eff. 11-21-07)

Codified Ordinances of Cleveland § 394.03 Definitions

§ 394.03 Definitions (a) “City” means City of Cleveland unless specifically defined otherwise. (b) “Fixed Facility” means any building or property where materials or articles are received, shipped, stored, transferred, picked up or delivered, and includes without limitation, a terminal, storage facility, explosives interchange lot, explosives motor vehicle terminal, and intermodal facility. (c) “Hazardous material” means a substance or material defined as hazardous under Title 49 of the Code of Federal Regulations (C.F.R.) and includes explosives regulated under Chapter 387 of these Codified Ordinances. (d) “Highway” means any interstate, public street, public alley, public road or other public thoroughfare. (e) “Intermodal facilities” means any designated area where truck trailers, storage containers, and other vehicles used in the transportation of hazardous materials are received, shipped, loaded onto, unloaded from, or stored in connection with two (2) or more modes of transportation. (f) “Interstate highways” means those highways in the City of Cleveland designated as Interstates 71, 77, 90, 176, 480, and 490. (g) “Person” means an individual, trustee, receiver, association, corporation, business, partnership, or other legal entity or group of individuals. (h) “Terminal” means a fixed facility used by carriers or transporters for the receipt, shipment, transfer, storage, pick-up or delivery of, articles or materials. (i) “Transporter” means a person engaged in the transport, movement, or carrying of hazardous material on highways. (j) “Vehicles” means any conveyance that is, or was, at one time operated by mechanical power on a highway and includes any trailer or storage container incidental to such a vehicle whether attached or not to a vehicle. (Ord. No. 1253-07. Passed 11-19-07, eff. 11-21-07)

Codified Ordinances of Cleveland § 394.04 Adoption and Incorporation of Federal Regulations

§ 394.04 Adoption and Incorporation of Federal Regulations (a) To ensure the application of their requirements to vehicles within the City limits, the following laws and regulations and their successor regulations are adopted and incorporated into this code as such laws and regulations exist at the time of passage of this chapter or as they may be amended: 49 C.F.R. Subchapter C – Hazardous Materials Regulations; Part 171 – General Information, regulations, and definitions; Part 172 – Hazardous materials table, special provisions, hazardous materials communications, emergency response information, and training requirements; Part 173 – Shippers-general requirements for shipments and packagings; Part 174 – Carriage by rail; Part 175 – Carriage by aircraft; Part 176 – Carriage by vessel; Part 177 – Carriage by public highway; Part 178 – Specifications for packagings; Part 179 – Specifications for tank cars; Part 180 – Continuing qualification and maintenance of packagings; and Part 397 – Transportation of Hazardous Materials, Driving, and Parking Rules. Any violation of these federal rules and regulations within the City limits is a violation of this chapter. (b) The requirements of the Federal Motor Carrier Safety Regulations 49 C.F.R. Parts 390 - 399 are adopted and incorporated. Any violation of those federal rules and regulations within the City limits is a violation of this chapter. (c) When any provision of this chapter conflicts with the regulations adopted in divisions (a) or (b) above, or any other provision of these Codified Ordinances, the provision which establishes the stricter standard for the promotion and protection of the safety and welfare of the public must prevail. This division does not apply if the local regulation contains the stricter standard and compliance with both the local regulation and a federal regulation adopted in division (a) or (b) above is not possible and the local regulation is preempted by federal law. This division also does not apply if the local regulation as applied or enforced is an obstacle to accomplishing and carrying out the federal rules and regulations adopted in division (a) or (b) above and is preempted by federal law. Nothing in this provision may compromise the City’s right to apply for and receive a waiver of preemption under 49 C.F.R. 107.215. (Ord. No. 1253-07. Passed 11-19-07, eff. 11-21-07)

Codified Ordinances of Cleveland § 394.05 Hazardous Material Subject to Regulation

§ 394.05 Hazardous Material Subject to Regulation (a) Transportation in commerce within the City of Cleveland of hazardous materials that is required to be placarded by 49 C.F.R. Part 172, Subpart F – Placarding, or any successor regulation, must be subject to the requirements of this chapter. If the hazardous materials are required to be placarded by 49 C.F.R. Part 172, Subpart F – Placarding, but are not, the transportation in commerce within the City of Cleveland of the hazardous materials is still subject to regulation under this chapter. (b) Transportation in commerce within the City of Cleveland of hazardous materials that are exempt, under RC 4921.02(A)(2) from the requirements of RC Chapter 4921, are subject to the requirements of Section 387.10 of these Codified Ordinances, and to the requirements of this chapter to the extent that labeling is required by 49 C.F.R. Part 172, Subpart E, and shipping papers are required by 49 C.F.R. Part 172, Subpart C, for the transportation of hazardous materials. (Ord. No. 1253-07. Passed 11-19-07, eff. 11-21-07)

Codified Ordinances of Cleveland § 394.06 Restrictions on the Use of City Streets for the Transportation of Hazardous Materials

§ 394.06 Restrictions on the Use of City Streets for the Transportation of Hazardous Materials The following provisions must be complied with for the purpose of applying 49 C.F.R. 397.3 adopted in Section 394.04 of this chapter: (a) The use of City streets (other than interstate highways) for the transportation of materials specified in Section 394.05 of this chapter is prohibited where there is neither a point of origin nor destination (delivery point) within the City. This division does not apply where the point of origin or destination (delivery point) is within one (1) mile of the City limits or where the use of City streets provides the safest and most direct route and the shortest distance of travel from an interstate highway to the point of origin or destination, as determined by the City Fire Chief or his or her designee. (b) The transportation of materials specified in Section 394.05 of this chapter is prohibited on City streets in the Downtown Area, as defined in division (c) of this section, between 7:00 a.m. and 6:00 p.m. daily, except Saturdays and Sundays. (c) The Downtown Area is defined as the area, not including the interstate highways, bounded by Lake Erie on the north, the Cuyahoga River on the west, Interstate 71 and the Inner Belt on the south and east, and Interstate 90/Route 2 on the northeast to and including the eastern boundary of Burke Lakefront Airport. (d) Transporters of hazardous materials specified in Section 394.05 of this chapter, where there is a point of origin or destination (delivery point) in the City or within one (1) mile of the City limits, or where the use of City streets provides the safest and most direct route and the shortest distance of travel from an interstate highway to the point of origin or destination must use interstate highways and designated truck routes to a point as close as possible to the destination to reach their point of pickup or delivery, unless otherwise approved by the City Fire Chief. Only the Fire Chief or the Fire Chief’s designee may determine that the use of City streets provides the safest and most direct route and the shortest distance of travel from an interstate highway to the point of origin or destination. (e) The Fire Chief may grant permission in writing to operate in exception to division (b) of Section 394.06 of this chapter only where the Fire Chief has determined that the following criteria are met: (1) Need is shown, that is, the applicant must show that delivery or pick-up of the hazardous material identified in Section 394.05 of this chapter can be practicably made only during the time period identified in division (b) of Section 394.06 of this chapter; and (2) Transportation of the hazardous material is in the public interest. (f) Waivers granted under division (e) of this section are per calendar year. A person may obtain a waiver beyond the period of one (1) year only by reapplying for, and meeting the criteria described in divisions (e)(1) and (e)(2) of this section, each calendar year that a waiver is applied for. (Ord. No. 1253-07. Passed 11-19-07, eff. 11-21-07)

Codified Ordinances of Cleveland § 394.07 Regulations Concerning the Operation of Motor Vehicles Carrying Hazardous Material(s); Parking Prohibited

§ 394.07 Regulations Concerning the Operation of Motor Vehicles Carrying Hazardous Material(s); Parking Prohibited (a) Vehicles transporting hazardous materials, as specified in Section 394.05 of this chapter, must comply with 49 C.F.R. 397.3 while operating within the City. If a vehicle transporting hazardous materials commits a moving traffic violation, it is also a violation of this chapter, subject to the penalty established in Section 394.99 of this chapter, in addition to any other penalty imposed for the violation. (b) No vehicle containing hazardous materials as specified in Section 394.05 of this chapter may be parked on any City street at any time, unless it is necessary for a pick-up or delivery and is otherwise permitted by law. (Ord. No. 1253-07. Passed 11-19-07, eff. 11-21-07)

Codified Ordinances of Cleveland § 394.08 Inspections and Investigations

§ 394.08 Inspections and Investigations (a) The City Fire Chief or the Fire Chief’s authorized representative may inspect vehicles used in the transportation of hazardous materials at random. The vehicles must comply with all applicable laws and regulations in this chapter. (b) The City, through its inspectors or other authorized employees, may enter and inspect premises at reasonable times where hazardous material or materials are stored, transferred, loaded, packaged, shipped or received. This authorization includes, without limitation, inspection of intermodal facilities and terminals as defined in Sections 387.01 and 394.03 of these Codified Ordinances. It also includes inspection at any time of the vehicle of any person who transports or offers for transportation hazardous materials subject to this chapter. Inspection, under this section, may include examination of any records or documents that relate to the transportation and the offering for transportation of hazardous materials subject to this chapter. (Ord. No. 1253-07. Passed 11-19-07, eff. 11-21-07)

Codified Ordinances of Cleveland § 394.09 Reporting Requirements

§ 394.09 Reporting Requirements Any incident or incidents involving hazardous materials occurring within the City and required to be reported by 49 C.F.R. 171.15 must be reported immediately upon discovery by the operator of the vehicle. In the event any incident or incidents involving a release or spillage of hazardous materials poses or may pose a threat of danger to health, safety or the environment, the incident must be reported immediately on discovery by a representative of a fixed facility as the term is defined in Sections 387.01 and 394.03 of these Codified Ordinances. The reporting must be made to the City of Cleveland’s emergency operator by telephone. The City Fire Chief must file a standing request with the Research and Special Programs Administration of the Department of Transportation, or its successor agency, for routine mailing to the Division of Fire of a copy of the written report required by 49 C.F.R. 171.16. (Ord. No. 1253-07. Passed 11-19-07, eff. 11-21-07)

Codified Ordinances of Cleveland § 394.10 Suspension of Operations

§ 394.10 Suspension of Operations The City Fire Chief or Police Chief may temporarily reroute or suspend the operation of some or all vehicles carrying hazardous materials within the City, without notice, whenever road, weather, traffic, emergency, or other circumstances warrant that action. All vehicles carrying hazardous materials must comply with any rerouting, suspension of operation, or other order issued under this section. (Ord. No. 1253-07. Passed 11-19-07, eff. 11-21-07)

Codified Ordinances of Cleveland § 394.11 Suspension of Regulations

§ 394.11 Suspension of Regulations The City Fire Chief or Police Chief may suspend these regulations in whole or in part, when circumstances require the suspension to maintain the public safety. (Ord. No. 1253-07. Passed 11-19-07, eff. 11-21-07)

Codified Ordinances of Cleveland § 394.12 Liability/Response Costs

§ 394.12 Liability/Response Costs (a) In addition to the criminal penalty provided in Section 394.99 of this chapter, in the event of a hazardous materials incident, as described in 49 C.F.R. 171.15, or 49 C.F.R. 171.16, or in the event of the declaration of a nuisance under this chapter, requiring the response of the Division of Fire or the Division of Police, or the Division of Emergency Medical Service, or other City employees or agents to control that incident, the transporter, the owner and/or lessee of the vehicle, the owner and/or source of the hazardous materials, and the operator of the vehicle must be jointly and severally liable to the City for the payment of all actual costs and expenses incurred in, and related to the incident. These costs and expenses must include the following: employee recall and overtime wages; equipment; supplies; uniforms; and materials and expenses necessary for the control and clean-up activities required through final regulatory closure of the incident. The amount of the costs and expenses must be determined by the City and must be billed to those liable, as described in this section. This responsibility is not conditioned on evidence of purpose, knowledge, recklessness, or negligence on the part of the transporter, or other party liable under this section. (b) All billing for reimbursement of City costs described in division (a) of this section may be appealed to the Board of Zoning Appeals within thirty (30) days after receipt of the billing. The Board has jurisdiction to either affirm, reverse, or modify the billing. If the City does not receive reimbursement within fifteen (15) days after a decision of affirmation or modification by the Board, the City may institute a court action to collect or recover the costs. (Ord. No. 1253-07. Passed 11-19-07, eff. 11-21-07)

Codified Ordinances of Cleveland § 394.13 Nuisance Abatement

§ 394.13 Nuisance Abatement The Fire Chief may consider any quantity of hazardous material or materials that has been discharged during transportation to be a nuisance, if it may affect or endanger the life, health, or senses of the inhabitants of the City. The Fire Chief is authorized to, and may order, the owner, operator, source, or party in control of any vehicle or hazardous material to abate any nuisance in the manner required in Chapter 203 “Nuisance Abatement” (Health Code) or Chapter 381 “Enforcement and General Provisions” (Fire Prevention Code) of these Codified Ordinances.” An owner, operator, source, or party in control must comply with the order immediately, or within the time required in the order if a specific compliance date is provided. The City may take action to abate the nuisance and charge the owner, lessee, operator, or person most recently in control of the vehicle and/or the hazardous material or hazardous materials for the City’s cost of abatement. (Ord. No. 1253-07. Passed 11-19-07, eff. 11-21-07)

Codified Ordinances of Cleveland § 394.14 Abandoned Vehicles; Nuisance

§ 394.14 Abandoned Vehicles; Nuisance Any vehicle containing hazardous material, as specified in Section 394.05 of this chapter, which is abandoned, as defined in Section 451.25 of these Codified Ordinances, or subject to being impounded as provided in Chapter 405 of these Codified Ordinances, is declared a nuisance. The Fire Chief may order the abatement of the nuisance as described in Section 394.13 of this chapter, and the failure to comply with the order is a violation of this chapter. The City may take action to abate the nuisance and charge the owner, lessee, operator, or person most recently in control of the vehicle for the City’s costs of abatement. (Ord. No. 1253-07. Passed 11-19-07, eff. 11-21-07)

Codified Ordinances of Cleveland § 394.15 Severability

§ 394.15 Severability If any portion of this chapter, or any section or part of a section is declared by a court or a governmental agency of competent jurisdiction to be invalid or preempted, such declaration must be limited solely to that portion, section, or part of a section that was directly involved in the controversy before the court or agency on which judgment was rendered. That declaration may not affect or impair the validity of the remainder of the section or chapter. (Ord. No. 1253-07. Passed 11-19-07, eff. 11-21-07)

Codified Ordinances of Cleveland § 394.99 Penalty and Enforcement

§ 394.99 Penalty and Enforcement (a) Any person who violates Sections 394.07, 394.10, or 394.13 of this chapter, is guilty of a minor misdemeanor. The City may issue a citation under Rule 4.1 of the Ohio Rules of Criminal Procedure to enforce these ordinances. (b) Any person who violates any provision of this chapter other than those listed in division (a) above or those which are felonies under state law is considered guilty of a misdemeanor of the first degree. (c) Each violation must be treated separately. When a violation is a continuing one, each day of the violation constitutes a separate offense. (d) This chapter may be enforced by the City in a criminal proceeding, without providing a prior notice of violation other than the notice required under the Ohio Rules of Criminal Procedure. This chapter may also be enforced through orders issued by the City Fire Chief or his or her designee, and any order may provide a time in which compliance is required. Any order issued may be appealed to the City Board of Zoning Appeals no later than thirty (30) days after the date the order was issued. The filing of an appeal shall not constitute an automatic stay of the order. Nothing in the section limits the City’s ability to bring a civil action for injunctive relief and apply for an adequate legal or equitable remedy. The City may also bring a civil injunction or collection action to enforce any provision of this chapter. (Ord. No. 1253-07. Passed 11-19-07, eff. 11-21-07)

Source: City of Cleveland, Ohio, Codified Ordinances and City Charter (American Legal Publishing, codelibrary.amlegal.com)URL: https://codelibrary.amlegal.com/codes/cleveland/latest/cleveland_oh/0-0-0-18906Fetched: 11/1/2026