§ 5-42. Purpose and authority.

(a)

This article is enacted pursuant to the authority to regulate explosive, corrosive, inflammable or radioactive substances, G.S. 160A-183; oil pollution and hazardous substance control, G.S. 143-215.75 et seq., solid and hazardous waste management, G.S. 130A-294 et seq.; and the North Carolina Emergency Management Act, G.S. 166A-20 et seq.

(b)

The fire chief or his designee shall have the authority to summarily limit, contain, control, abate, or mitigate hazardous materials or substances emergencies that generally endanger the health or safety of the public. The fire chief or his designee shall have the authority to enter public or private property, with or without the property owner's consent, to respond to and mitigate such hazardous materials or substances emergencies whenever there is a threat, (real or perceived) to public safety. The fire chief or his designee shall determine the type, amount, and quantity of equipment and personnel required to adequately limit, contain, control, abate, or mitigate all hazardous materials or substances incidents.

(c)

Hazardous materials or substances incidents shall include but not be limited any reportable or non-reportable chemical in any reportable or non-reportable quantity that has been released and poses an eminent danger to the safety and welfare of the public or environment. Hazardous materials or substances may include but are not limited to:

(1)

Explosives.

(2)

Poison gas.

(3)

Flammable solids.

(4)

Flammable gas.

(5)

Non-flammable gas.

(6)

Radioactive elements.

(7)

Organic peroxide.

(8)

Corrosives.

(9)

Cryogenics.

(10)

Etiological/infectious agents and medical waste.

(11)

Flammable liquids.

(12)

Combustible liquids.

(13)

Oxidizers.

(Ord. No. 2019-16 , § 3, 4-8-19)