Firms baffled by chemical storage rules
About half of the 35 businesses allowed to store oil, paint, and other chemicals did not have a permit from the Danvers Fire Department when a new inspection program started last month.
But several business said they were unaware they needed a permit, because they hold a license to store flammable materials that they renew every May 1 with the town clerk's office.
"It's very confusing," said Ralph Kane, owner of Kane's Flower World on Route 114, which stores 40,000 gallons of oil to heat greenhouses. "We've had a license since we opened 43 years ago. Now they're telling me I should have had a permit before I got the license."
John Sambatakos, owner of John's Auto Service on Bridge Street, knew he needed a permit. But he didn't realize it had to be renewed every year until fire inspectors showed up in March.
"It used to be good for four years," said Sambatakos, who has owned the gas station for 27 years. "Now they say it's only good for one year . . . It's been a lot of confusion since that explosion."
A chemical explosion at an ink-and-paint factory on Nov. 22, 2006, in Danversport exposed gaps in the state fire code. It also sparked confusion over what licenses or permits a business must have if it stores more than 10,000 gallons of flammable materials on site.
In Danvers, the 35 license holders include big-box retailers, gas stations, and utility companies.
"I didn't even know we needed the license," said John Roy, manager of Leslie's Swimming Pool Supplies, a national chain with a store on Route 1. "But when I called corporate, they said we have the license. But we don't have a permit."
Roy said the store needs a permit because it stores more than 10,000 pounds of oxidizer, a pool chemical. He said the chemical is listed on material-safety data sheets filed with the Fire Department. "Any pool store is going to have more than 10,000 pounds of oxidizer. It's been that way for years."
Danvers Fire Chief James Tutko said he's working with all license holders to make sure they understand the law and are in compliance by May 1. "Nobody is ducking their responsibility," Tutko said in an interview. "Business people are in business to do business. Sometimes they don't know the regulations that are out there."
Still, Tutko said the onus is on the business to make sure it has the proper permits and licenses. "It's clearly stated in the regulations that a business must obtain the permit. It's not the Fire Department's responsibility."
State law requires local fire departments to conduct annual inspections of businesses licensed to store flammable materials. But firefighters aren't trained to evaluate chemical processes. Their authority is limited to safety issues, such as making sure an exit isn't blocked or that a fire lane is clearly marked.
"We really have no technical expertise in chemical processing," Tutko said. "What happened [in Danversport] was the processing ran amok, not the storage."
The factory shared by CAI Inc. and Arnel Co. blew up after chemical vapors ignited with an unknown source, causing a fire and massive explosion that damaged neighborhood homes and businesses, state and federal investigators determined last year. Officials at CAI, based in Georgetown, did not respond to calls seeking comment. Arnel Co. stopped operating after the blast.
A bill in the state Legislature would require businesses to provide a chemical processing safety plan with the state fire marshal's office. It also would provide $1.6 million for local fire departments to train a firefighter in chemical processing, said state Representative Theodore Speliotis, a Danvers Democrat who filed the bill.
"Each department would have someone trained to understand the actual chemicals used in the plant, not just the physical structure and the storage of materials," Speliotis said.
The bill received a favorable vote last month from the Legislature's Joint Committee on Public Safety. It is now pending before the House Ways and Means Committee, chaired by State Representative Robert DeLeo, a Winthrop Democrat. No further action on the bill is expected until the committee finalizes the state budget for fiscal 2009. "It still has a huge hurdle to cross," Speliotis said.
Meanwhile, Danvers is also considering beefing up its own regulations.
A bylaw may be created to require businesses to hire a third party to make sure they comply with all fire safety regulations. Major retailers, such as Lowe's and
"It's common practice for large businesses," he said. "It would be something to help any size business make sure they're in compliance with fire safety regulations. We're not trying to burden anyone. Our concern is safety."
Kathy McCabe can be reached at kmccabe@globe.com
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