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SECTION 6.12 AUTOMOTIVE REPAIR SHOPS

The term "Automotive repair shop" shall include motor vehicle repair shops and service stations as defined in Section 800 of Chapter 12.

A. MINIMUM STANDARDS

To obtain applicable occupancy and fuel storage permits, the owner and/or operator of an automotive repair shop shall be required, at a minimum, to demonstrate that the following criteria have been met:

1.that the business is conducted at a location that satisfies all applicable requirements of the city's zoning ordinance; 2.that the principal use of the location is automotive repair or maintenance and that all other uses are supportive of or accessory to automotive repair or maintenance;

3. that a plot plan, acceptable to the Building and Fire departments, has been filed with said departments. Said plot plan shall partition the lot into a specified number of parking spaces, no smaller than 10'X20', and shall provide sufficient aisle space to permit access to the premises by emergency vehicles. All spaces shall be clearly lined, and numbered in yellow traffic paint and shall be used only for storage of vehicles to be repaired or for employee and customer parking. A minimum of three employee/customer parking spaces shall be provided for every fifteen spaces allocated to repair;

4.that the building on the premises contains one or more bays suitable for the repair of motor vehicles and that all applicable building and fire permits have been obtained for use of said bay; 5.that the site has an operational gas, oil and sand separator installed in accordance with the Massachusetts Plumbing Code, 248 CMR 2.09(l), and that all storm drains on site have been protected against contamination from hazardous waste; provided that an Automotive Repair Shop operating as of June 6, 2000 may, as an alternative to installing a gas and oil separator, establish and implement a waste management program in accordance with the provisions of 310 CMR30.300-.399 subject to the approval of the Board of Health; and provided further that, upon sale or substantial renovation of the site or violation of said waste management program, a gas and oil separator shall be installed.

6.that a landscaped buffer, as approved by Planning Department, has been installed on the perimeter of the property; provided that this shall apply only to those automotive repair shops in or abutting a residential neighborhood;

7.that the building, grounds and equipment meet the minimum standards set by the National Fire Protection Association's Standards for Repair Shops, as set forth in Chapters 1, 3, and 4 of NFPA Section 88B and other applicable NFPA Codes.

B. BUSINESS OPERATION - MINIMUM STANDARDS

1. RESTRICTIONS ON USE OF PREMISES:

All repairs shall be made within an approved automotive bay. Except when actually being repaired, all vehicles shall be stored in approved parking on-site parking spaces, as described in Section 6.12 A 3. above. Employee parking and parking of vehicles owned or operated by the repair shop shall be exclusively in approved on-site parking spaces.

No automotive repairs shall be made in yard, parking or storage areas. All storage and yard areas shall be paved, sealed and fenced to the satisfaction of city inspectors, so as to prevent the seepage of automotive fluids and/or other contaminants into the ground. All waste water shall be drained through an oil separator.

Pursuant to 9.36 of the city ordinances, no unregistered or uninsured motor vehicle shall be stored on the premises of a motor vehicle repair shop for more than 5 days.

2. MAINTENANCE OF BUSINESS PREMISES:

The premises of each automotive repair shop shall be maintained in a clean and sanitary manner and shall comply with all applicable health, safety and sanitation codes and standards promulgated by the city's Building, Wire, Plumbing, Health and Fire inspectors.

All parts and materials incidental to the operation of said repair shop shall be stored in a designated area and concealed from public view.

Waste oil shall be stored in compliance with 527 CMR 9.06. No owner or operator of an automotive repair shop shall store residual hazardous fluids in excess of 165 gallons, unless permitted by the Department of Environmental Protection. Containers for residual hazardous fluids shall be enclosed in a structure, on an impenetrable surface, and properly labeled as hazardous materials to the satisfaction of the Fire Marshall.

Disposal of residual parts and materials shall be made in a timely manner and in accordance with applicable federal, state and local regulations.

No automotive parts and/or debris or by-product from the repair of automotive vehicles shall be placed as trash to be collected by the City of Malden. Every owner or operator of an automotive repair shop shall have, on file and available for inspection by appropriate city inspectors, a contract for the private collection and disposal of waste and/or hazardous materials.

Every owner or operator of an automotive repair shop shall retain, for a period of one year, any bill of lading for the disposal of hazardous materials. Said bills of lading shall be available for inspection by any agent or employee of the city authorized to enforce city, state and federal laws or regulations relative to the handling and disposal of hazardous materials.

Agents and employees of the city authorized to enforce health, safety and sanitation codes may at any time enter onto the premises of a repair shop to inspect for compliance with applicable health, safety and sanitation codes, the provisions of this ordinance, and any license restrictions or conditions. 611

3. REPAIR PLATES REQUIRED

Each permitee shall apply for and obtain repair plates from the Registry of Motor Vehicles within 30 clays of obtaining initial permits. Copies of current repair plate registrations shall be filed with the Building Department, upon receipt of the original registration and/or registration renewals.

C. FAILURE TO COMPLY WITH ORDINANCE PROVISIONS - PENALTIES Violation of any provision of this ordinance or of the term,condition or restriction imposed on a specific permitee may be punished by a fine imposed under the provisions of MGL Chapter 40, Section 21D in accordance with the following schedule: 1st offense warning

2nd and subsequent offenses $100.00

Each five day period during which said violation exists shall constitute a separate offense. Violations of any provision of this ordinance, applicable health, safety and sanitation codes or the specific terms, conditions or restrictions of a license may be cited by any person authorized by the City Council to enforce ordinances or by any person authorized to issue applicable permits under state statute.

Failure to comply with the provisions of this ordinance may result in revocation, suspension or modification of the required permits.

D. IMPLEMENTATION OF ORDINANCE PROVISIONS

This ordinance shall take effect on passage; provided that any person engaged in the business of automotive repair or maintenance who makes application for permits within thirty days of the effective date of this ordinance shall be deemed to have complied with the provisions of this ordinance until otherwise notified by an appropriate city agency.