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Home My WebLink AboutBUSINESS PLAN May 22, 1990 Mr. Richard B. Green Penguin's Place P.O. Box 10839 Bakersfield, Ca. 933~B Dear Mr. Green: I have received you letter of May 18, 1990 and do understand your concern. Of course, you understand that the Hazardous Materials Business Plan requirements are state law (Chapter 6.95 of the California Health and Safety Code) not City of Bakersfield regulations. This state code also defines all high pressure gas cylinders as hazardous materials if they contain 200 cubic feet or more of gas at standard temperature and pressure. However, there are always alternatives. Your decision to remove the helium tank is one alternative, but maybe unnecessarily extreme if offering balloons at your establishment is desirable. Completion of the business plan is o~ course a second alternative and I assure you that my staff can assist you in completing all necessary forms in less that ten minutes, either in person at 2130 G Street or over the phone. A third alternative might be to reduce your quantity cf helium. Helium cylinders are also available in the S and Q sizes, which hold 136 cubic feet and 81 cubic feet respectively. At least two of the gas suppliers in town have assured me that these sizes are available. From a regulations point of view, this is a perfectly acceptable alternative. You would still remain exempt and would be able to offer helium filled balloons as a marketing incentive. I do hope these suggestions have been of some assistance. If I or any of my staff can be of further assistance please do not hesitate to call. Sincerely Yours, Dennis S. Needham Fire Chief DSN:vp cc: Charles Buckern, Penquins Frozen Yogurt Mayor Clarence E. Medders, City of Bakersfield Councilwoman Connie Brunnie, City of Bakersfield Supervisor Mary K. Shell, Kern County CITY of BAKERSFIELD 5Iareh 16, 1990 FIRE DEPARTMENT 2101 H STREET D. S. NEEDHAM BAKERSFIELD, 93301 FIRE CHIEF 326-39i 1 Penguins 5620 California Ave., iF Bakersfield, CA 93309 Dear Business Owner: Upon recent inspection of your facility you were found to have hazardous material. I am told that the Firemen made you aware that you needed to make contact with this office, the Hazardous Materials Division for the City of Bakersfield. We are enclosing the necessary forms for your compliance. Please read all the enclosed information carefully, failure to comply with any portion of the Business Plan requirements may result in Civil Liabilities of up to $2,000 for each day in which the violation Occurs. The completed forms are required to be submitted within 30 days of' receipt of'this letter. If you have any questions or need assistance with completing the forms please call 326-3979. Sincere~ ~ Hazardous Materials Division Bakersfield Fire Dept. Hazardous Materials Inspection Date Completed ,.~,_/L/_ ¢}d) Plan ID # 215-000. (Top right comer Business Plan) // Adequate Inadequate Verification of Inventory Materials Verification of Quantities Verification of Location Proper Segregation of Material Comments: Verification of MSDS Availability Number of Employees Verification of Haz Mat Training Comments: VerificationofAbatement Supplies & Procedures ~ [-~ Comments: Emergency Procedures Posted ~ [--] Containers Properly Labeled ~ [~] Verification of Facility Diagram ~_.~'~' [~] Special Hazards Associated with this Facility: Violations: FO 1652 (Rev. 3-89) White-Haz Mat E)iv. Yellow-Station Copy Pink-Business Office May 18, 1990 D.S. Needham., Fire Chief Bakersfield City Fire Dept. °10 H S~ree~ Bakersfield, CA 93301 Dear Chief Needham: Our Penguins Yogurt Restaurant uses helium to fill balloons for customers' children and decorat-ion. We were required to fill o,_:~z a "Ha;-:ardous Materials Business Plan." I sat down to complete the reques~zed information. I was overwhelmed with the extensive required information, not to men- 4zion the many man-hours it- would have taken to complete. I _,nderst-and .and agree to the need of safety. However, ! feel these requirements ar'e sarried, to the extreme. I have made the only practical decision and removed the helium. The owner will be stuck with hundreds of dollars in equipment and s,_:ppli_s The real .dJ..:.:-.ar.)pc,..'i. ntmer~t J.s ~,:'.~'~(~: ].c.','-s~ r';'~ ,.'.~ he). pr,_,.], mar'ketir~c.] tcc, 1. that .:i.s ,..-:',.r~ imp,:::,r'k, ant par't c:'~': 'L,:'_~da'?" ?.-: ]] ~c J.'-'..=.. !:..C. JL.[Cjt-"~ here J. ri t'zhE:., r.r...}a ]. wor" ! c:l f~?]cl e~. c;:,::]r~iFf~c)r] .~E.(:.?ri~:..e aF, .... .l}ro.a.r.:h .i.r'~ste.~.:aCl o'f re,::l tape wov.!.,:J Res F,:ir:k~a.r-d ~i:. t3r,:--,.-,~er'~ I:::,'.eClL?st.~" C,'f C.'.ha.p~-et- ,.":,,c?¥i o'J: the cc)de, Iq: G / 1_ n c:,-_-; Char".,.es Buc kner ~ Owner l'd.=vml.- F:t.nr',=nr-r-~ I::- Hedders Superv.tsor Hary K. Shell P.O. Box '10839/Bakersfield, CA 93389 · (805) 327-9086 -._: -.-.: _- . . Bakersfield Fire Dept. RECEIVED Hazardous Materials Division 2130 "G" Street MAY 2 2 1990 Bakersfield, CA. 93301 ','. H~;~, MAT. D!V, HAZARDOUS MATERIALS MANAGEMENT PLAN INSTRUCTIONS: 1'o ovoid further octlon, return this form within 30 cloys of receipt. L~_ I(a "Ci 1. 2. TYPE/PRINT ANSWERS IN ENGLISH. 3. Answer the questions below for the business os o whole. 4. Be brief ond concise as po~ible. SECTION 1: BUSINESS IDENTIFICATION DATA BUSINESS NAME: FE. hJ~, U ~ N) ~ MAILING ADDRESS: DUN & BRADSTREET NUMBER: SIC CODE: PRIMARY ACTIVITY: I't SECTION 2: EMERGENCY NOTIFICATION: CONTACT TITLE BUS. PHONE 24 HR. PHONE B~kersfield Fire Hazardous Materials Division HAZARDOUS MATERIALS MANAGEMENT PLAN SECTION 3: TRAINING: NUMBER OF EMPLOYESS: MATERIAL SAFETY DATA SHEETS ON FILE: BRIEF SUMMARY OF TRAINING PROGRAM: SECTION 4: EXEMPTION REG~UEST: I CERTIFY UNDER PENALTY OF PERJURY THAT MY BUSINESS IS EXEMPT FROM THE REPORTING REQUIREMENTS OF CHAPTER 6.95 OF THE "CALIFORNIA HEALTH SAFETY CODE" FOR THE FOLLOWING REASONS: ~/~' WE DO NOT HANDLE HAZARDOUS MATERIALS, WE DO HANDLE HAZARDOUS MATERIALS, BUT THE QUANTITIES AT NO TIMEEXCEED THE MINIMUM REPORTING QUANTITIES. OTHER (SPECIFY REASON) SECTION 5: CERTIFICATION: !, CERTIFY THAT THE ABOVE INFOR- MATION IS ACCURATE. IUNDERSTAND THAT THIS INFORMATION WILL BE USED TO FULFILL MY FIRM'S OBLIGATIONS UNDER THE "CALIFORNIA HEALTH AND SAFETY CODE" ON HAZARDOUS MATERIALS (DIV. 20 CHAPTER 6.95 SEC. 25500 ET AL.) AND THAT INACCURAT~INFORMATION CONSTITUTES PERJURY. / ' TITLE DATE P.O. Box 10839 Bakersfield, CA 93389 D.S. Needham, F-ire Ch±el Bakersfield City Fire Dept. 210IH Street Bakersfield, CA 93301 Mr. Richard B. G~een Penguin's Place P.O. Box 10839 Bakersfield, Ca. 93389 Dear Mr. Green: I have received you letter of May 18, 1990 and do understand your concern. Of course, you understand that the Hazardous Materials Business Plan requirements are state law (Chapter 6.95 of the California Health and Safety Come) not City of Bakersfield regulations. This state code also defines all high pressure gas cylinders as hazardous materials if they contain 200 cubic feet or more of gas at standard temperature and pressure. However, there are always alternatives. Your decision to remove the helium tank is one alternative, but maybe unnecessarily extreme if offering balloons at your establishment is desirable. completion of the business plan is of course a second alternative and I assure you that my staff can assist you in completing all necessary forms in less that ten minutes, either in person at 2130 G Street or over the phone. Helium cylinders are available in the S and Q sizes, which hold 136 cubic feet anm Si cubic feet respectively. At least two of the gas suppliers in town have assured me that these sizes are available. From a regulations point of view, this is a perfectly acceptable alternative. You would still remain exempt and would be able to offer helium filled balloons as a marketing incentive. I do hope these suggestions have been of some assistance. If I or any of my staff can be of further assistance please do not hesitate to call. Sincerely Dennis S. Needham Fire Chief DSN:vp cc: Charles Buckern, Penquins Frozen Yogurt Mayor Clarence E. Madders, City of Bakersfield Councilwoman Connie Brunnie, City of Bakersfield Supervisor Mary K. Shell, Kern County