N.Y. Comp. Codes R. & Regs. tit. 19 § 428.4

Current through Register Vol. 46, No. 45, November 2, 2024

Section 428.4 - Exemptions

(a) Exemption by reason of inspection. The appropriate fire chief may grant an exemption by reason of inspection when an insured, within the period prescribed by section 428.3(b), requests in writing that said chief or his representative make an inspection of the insured's place of business. Such exemption may be made contingent upon an inspection occurring and a favorable report being rendered within 30 days of the granting of the contingent exemption. Unless the chief and the insured have mutually agreed to an extension of the time in which to conduct the inspection, the failure to conduct the inspection and issue the report within the 30 days shall cause the contingent exemption to abate, and the insured shall then file a completed report within 15 days.

(b) General exemption. The appropriate fire chief may grant a general exemption where he is satisfied, based upon observation and experience, that the firefighting capability of the insured is sufficient to defend against an emergency involving reportable materials.

(c) Exemptions based upon the need for confidentiality. The appropriate fire chief may grant any exemption based upon the need for confidentiality from the reporting of specific hazardous materials. This claim may only be asserted by an insured when the inclusion of the identity of a particular reportable material would reveal a trade secret fact related to that material. At the time of filing for an exemption based upon the need for confidentiality, the insured shall attest in writing to the truth of the following four statements:

(1) the insured has taken measures to protect the confidentiality of the information, and intends to continue to take such measures;

(2) the information is not, and has not been, reasonably available without the insured's consent;

(3) the information is not publicly available elsewhere; and

(4) disclosure of the information would cause substantial harm to the insured's competitive position.

In addition, the insured shall then attest, in writing, to the truth of one or more of the following statements:

(5) the fact that the insured manufactures the hazardous material at the reporting location is a trade secret;

(6) the fact that the insured imports the hazardous material is a trade secret;

(7) the amount of the substance which may be present is a trade secret;

(8) the link of the substance to the insured is a trade secret; and/or

(9) the link of the hazardous material to the reporting location is a trade secret.

If a claim of confidentiality is made for a specific hazardous material, the term "confidential" must be entered on the form under the class or classes within which the specific hazardous material falls.

(d) Revocations. General exemptions and exemptions based upon a need for confidentiality may be revoked if the conditions provided in subdivision (b) or (c) of this section no longer exist. Such revocation shall be in writing, and upon notice thereof, the insured shall within 15 days file a completed report form or such additional information as the fire chief may require to complete any form already on file with said chief.

N.Y. Comp. Codes R. & Regs. Tit. 19 § 428.4