§ 95-194. Emergency information. - North Carolina Statutes

§ 95‑194.  Emergencyinformation.

(a)        An employer whonormally stores at a facility any hazardous chemical in an amount of at least55 gallons or 500 pounds, whichever is greater, shall provide the Fire Chief ofthe Fire Department having jurisdiction over the facility, in writing, (i) thename(s) and telephone number(s) of knowledgeable representative(s) of theemployer who can be contacted for further information or in case of anemergency and (ii) a copy of the Hazardous Substance List.

(b)        Each employer shallprovide a copy of the Hazardous Substance List to the Fire Chief. The employershall notify the Fire Chief in writing of any updates that occur in thepreviously submitted Hazardous Substance List as provided in G.S. 95‑191(b).

(c)        The Fire Chief orhis representative, upon request, shall be permitted on‑site inspectionsat reasonable times of the chemicals located at the facility on the HazardousSubstance List for the sole purpose of preplanning Fire Department activitiesin the case of an emergency and insuring by inspection the usefulness andaccuracy of the Hazardous Substance List and labels.

(d)        Employers shallprovide to the Fire Chief, upon written request of the Fire Chief, a copy ofthe MSDS for any chemical on the Hazardous Substance List.

(e)        Upon writtenrequest of the Fire Chief, an employer shall prepare an emergency response planfor the facility that includes facility evacuation procedures, a list ofemergency equipment available at the facility, and copies of other emergencyresponse plans, such as the contingency plan required under rules governing themanagement of hazardous waste adopted pursuant to Article 9 of Chapter 130A ofthe General Statutes. A copy of the emergency response plan or any prefire planor emergency response plan required under applicable North Carolina or federalstatute or rule or regulation shall, upon written request by the Fire Chief, begiven to the Fire Chief.

(f)         The Fire Chiefshall make information from the Hazardous Substance List, the emergency responseplan, and MSDS's available to members of the Fire Department havingjurisdiction over the facility and to personnel responsible for preplanningemergency response, police, medical or fire activities, but shall not otherwisedistribute or disclose (or allow the disclosure of) information not availableto the public under G.S. 95‑208. Such persons receiving such informationshall not disclose the information received and shall use such information onlyfor the purpose of preplanning emergency response, police, medical or fireactivities.

(g)        Any knowingdistribution or disclosure (or permitted disclosure) of any informationreferred to in subsection (f) of this section in any manner except asspecifically permitted under that subsection (f) shall be punishable as a Class1 misdemeanor. Restrictions concerning confidentiality or nondisclosure ofinformation under this Article 18 shall be exemptions from the Public RecordsAct contained in Chapter 132 of the General Statutes, and such informationshall not be disclosed notwithstanding the provisions of Chapter 132 of theGeneral Statutes. (1985,c. 775, s. 1; 1987, c. 489, ss. 4‑6; 1993, c. 539, s. 672; 1994, Ex.Sess., c. 24, s. 14(c); 2002‑165, s. 1.2.)