3750-75-05. Conditions for the placement of, and access to an emergency lock box unit

(A) To provide for the safe location of an emergency response lock box unit during a release or threatened release of an extremely hazardous substance, hazardous chemical, or hazardous substance as required by division (B)(6)(a)(iii) of section 3750.02 of the Revised Code, the following conditions shall be met.

(1) The location selected for the placement of the emergency response lock box unit shall be approved by the fire department of the political subdivision having jurisdiction, which to the extent possible shall be consistent throughout the local emergency planning district.

(2) In selecting the number and location for the placement of the emergency response lock box unit, the fire department of the political subdivision having jurisdiction, in consultation with the facility operator, shall consider the following factors that may affect safe and expedient access during a release or threatened release of an extremely hazardous substance, hazardous chemical or hazardous substance:

(a) The type of release that is likely to occur.

(b) The point of entry that the emergency responders plan to use during a release or threatened release.

(c) Prevailing wind patterns would make access of the emergency response lock box unit unsafe.

(d) Whether more than one emergency response lock box unit is necessary to ensure safe access due to facility size.

(3) A facility that voluntarily places an emergency response lock box unit shall contact the fire department of the political subdivision having jurisdiction to ensure placement that is consistent within the emergency planning district.

In those local emergency planning districts where emergency response lock box unit placement has not been addressed by either the fire department of the political subdivision having jurisdiction or the local emergency planning committee, the owner or operator of the facility may contact the state emergency response commission for guidance.

(B) To ensure expedient access to an emergency response lock box unit during a release or threatened release of an extremely hazardous substance, hazardous chemical or hazardous substance as required by division (B)(6)(a)(iii) of section 3750.02 of the Revised Code, the fire department of the political subdivision having jurisdiction shall be provided with the key or access code to the emergency response lock box unit placed at a facility at the time of installation.

(1) The facility in coordination with the fire department of the political subdivision having jurisdiction, shall consider the following factors in establishing the keying or access code system:

(a) Security necessary to deter vandalism of the emergency response lock box unit.

(b) Whether the emergency response lock box unit is located at an entry point where facility security is provided on a twenty-four hour basis.

(c) Whether keys or access codes need to be provided to mutual aid organizations who are likely to be requested to respond, in these instances the owner or operator of the facility shall be advised of such distribution.

(d) If a common key is used to secure all emergency response lock box units throughout the fire department's jurisdiction, information that has been claimed to be "trade secret" or "confidential location" information under Chapter 3750-60 of the Administrative Code shall be provided by means other than the emergency response lock box unit.

(2) In those political subdivisions where the fire department having jurisdiction refuses to accept the key or access code of an emergency response lock box unit, the owner or operators of a facility voluntarily placing a lock box unit shall provide the key or access code to the first response organization during a release or emergency response.

Effective: 12/25/2014
Five Year Review (FYR) Dates: 10/07/2014 and 08/21/2019
Promulgated Under: 119.03
Statutory Authority: 3750.02(B)(6)
Rule Amplifies: 3750.11(D)
Prior Effective Dates: 9/1/98