§ 8.42.140. Inspections.

A.

In order to carry out the purposes of this Chapter, the Administrator or designee has the authority to inspect any place/site where hazardous materials or wastes are handled, or any place/site where the Administrator has reason to believe that an unauthorized release of a hazardous material has occurred, is occurring, or may occur. This authority extends to any property within two thousand (2,000) feet of property on which hazardous materials or wastes are handled. The authority conferred by this section includes the authority to conduct any monitoring or testing of any aboveground or underground storage tank system. This right of entry shall be exercised only at reasonable hours unless otherwise required by an emergency, and entry shall be made to any establishment or property only with the consent of the owner or tenant thereof, or with property inspection warrant or other remedy provided by law to secure entry.

B.

All inspections under this Chapter shall be at the discretion of the Fire Services Agency, OES and nothing in this Chapter shall be construed to require that the OES conduct any inspection, nor shall any inspection by OES create a duty to conduct any other inspection. Furthermore, nothing in this Chapter shall be construed to hold the OES or any officer, employee or representative of the OES or the Fire Services Agency responsible for any damage to persons or property by reason of making an inadequate or negligent inspection, or by reason of any failure to make an inspection or reinspection, or take any enforcement or remedial action.

(Ord. 12057 § 1 (part), 1998)