In this subtitle, the following terms have the meanings indicated. “Facility” means a location in which hazardous materials are stored, dispensed, used, or handled. “Hazardous material” means a regulated substance, as defined in 40 CFR 68.130, in excess of the threshold quantities specified in that regulation. “Operator” means the person responsible for the overall operation of a facility. “Owner” means a person who owns a facility or part of a facility. Ord. 02-443

All facilities on or in which any hazardous material is stored, dispensed, used, or handled must be secured against unauthorized entry and safeguarded with protective measures and facilities in accordance with the rules, regulations, and standards adopted under this subtitle. Ord. 02-443 Ord. 22-124 See § 9-3 and accompanying Editor’s Note.

Subject to Title 4 {“Administrative Procedure Act – Regulations”} of the <cite data-path="|general">City General Provisions Article</cite>, the Fire Chief, in consultation with the Police Commissioner and affected industries, shall adopt rules, regulations, and standards, including a schedule for compliance, for the security and safeguarding of hazardous materials. Ord. 02-443 Text Conformed 04/07/22 By authority of Ordinance 20-431, Section 5, the Director of Legislative Reference, in consultation with the Law Department, has conformed the text of this section to refer expressly to the requirements of the recently-enacted Administrative Procedure Act that, effective January 15, 2021, generally governs the proposal, adoption, and publication of administrative rules and regulations.

To the extent permissible by State law, information obtained from an owner or operator under this subtitle: may not be made available to any member of the public, without the written consent of the owner or operator; is exempt from public disclosure under any other applicable law; except in furtherance of a criminal investigation, may not be used or disclosed, without the written consent of the owner or operator, by any government officer or employee for purposes other than the purposes of this subtitle; and does not constitute a waiver of any applicable privilege or protection provided by law. Ord. 02-443

This subtitle and the rules, regulations, and standards adopted under it are incorporated into the <cite data-path="|building-codes|VIII">International Fire Code</cite>, as adopted and modified in <cite data-path="|building-codes|VIII">Part VIII</cite> of the <cite data-path="|building-codes">City Building, Fire and Related Codes Article</cite>, and shall be administered and enforced in accordance with that Code. In addition to any other remedy or proceeding to enforce this subtitle, if the Fire Chief finds any premises or property to be in violation of this subtitle or of a rule, regulation, or standard adopted under it, the Fire Chief may:withhold or suspend, until the violation has been corrected, any permit issued under the Baltimore City <cite data-path="|building-codes|VIII">Fire Code</cite> for that premises or property; and order the Building Official to withhold or suspend, until the violation has been corrected, any permit issued under the <cite data-path="|building-codes">City Building, Fire, or Related Codes Article</cite> for that premises or property. An owner or operator subject to this subtitle is deemed to be in compliance with this subtitle and the rules, regulations, and standards adopted under it if the owner implements a national industry security code or set of standards that requires:prioritization and periodic analysis, using accepted methodologies, of potential security threats, vulnerabilities, and consequences; development and implementation of security measures commensurate with risks; documentation of security management programs, processes, and procedures; training, drills, and guidance for employees, contractors, service providers, and others, as appropriate, to enhance awareness and capability; communications, dialogue, and exchange of information with employees, communities, and government agencies and officials; internal audits to assess security programs and processes and the implementation of corrective measures; and third-party verification that owners and operators have implemented the physical security measures that have been identified under the required periodic analysis of potential security threats, vulnerabilities, and consequences. Ord. 02-443 Ord. 07-552 Ord. 15-427

Any owner or operator who violates any provision of this subtitle or of a rule, regulation, or standard adopted under this subtitle is subject to a fine of up to $1,000. Each day that a violation continues is a separate offense. Ord. 02-443