46-12 Repeal Chapter 1502 Authority to Inspect Underground Storage Tanks

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PLACED ON 1ST READING & REFERRED TO THE RULES & ORDINANCES COMMITTEE 9/17/12. SECOND READING 10/1/12. ORDINANCE NO. 46-12 BY: Anderson, Bullock, Suris, Madigan, Nowlin, Power, Smith. AN ORDINANCE to take effect immediately provided it receives the affirmative vote of at least five (5) members of Council, or otherwise to take effect and be in force after the earliest period allowed by law, repealing Chapter 1502 of the Lakewood Codi- fied Ordinances and repealing Ord. 73-91 to rescind the City's authority, delegated by the State Fire Marshal, to inspect underground storage tanks. WHEREAS, the State of Ohio Department of Commerce, Division of State Fire Marshal, has jurisdiction over the licensing and inspection of underground storage tanks in Ohio; and WHEREAS, local fire agencies such as the Lakewood Division of Fire have been permitted since the early 1990s to serve as delegated authorities for the purposes of li- censing and inspecting underground storage tanks within their municipal boundaries on behalf of the State Fire Marshal; and WHEREAS, in 1991 the City of Lakewood approved Ot•d. 73-91 to notify the State Fire Marshal that it intended to serve as a delegated local authority for these pur- poses, and the City has served in that capacity since then; and WHEREAS, the City's need to be a local delegated authority for the purposes of inspecting and licensing underground storage tanks has become greatly diminished over time, with the Division of Fire inspecting only one or two tanks per year as of late; and WHEREAS, retaining local delegated authority status undet• these circumstances is cost-prohibitive to the City; and WHEREAS, Article 18, Section 3 of the Constitution of the State of Ohio permits municipalities to exercise all powers of local self-government and to adopt and enforce within their limits such as local police, sanitary and other regulations as are not in conflict with general laws; and WHEREAS, this Council by a vote of at least five (5) of its members determines that this ordinance is an emergency measure, and that this ordinance shall take effect at the earliest date possible as set forth in Article III, Sections 10 and 13 of the Second Amended Charter of the City of Lakewood, and that it is necessary to provide for the usual daily operation of municipal departments in that the State Fite Marshal should be given as much adequate advance notice as possible of the City's repeal of this chapter; now, therefore BE IT ORDAINED BY THE CITY OF LAKEWOOD, OHIO: