Document Citation: 35 P.S. § 1244

Header:
PENNSYLVANIA STATUTES
TITLE 35. HEALTH AND SAFETY
CHAPTER 12A. COMBUSTIBLE AND FLAMMABLE LIQUIDS ACT


Date:
02/14/2014

Document:
§ 1244. Regulations

(a) AUTHORITY.--

(1) The department may promulgate regulations governing the possession,
use, storage and sale of combustible liquids or flammable liquids.
Regulations under this paragraph must be based upon generally accepted
national or international standards, except that regulations providing
for emergency controls, including switches, shall be based upon
subsection (c.1).

(2) To provide standards for the storage and dispensing of compressed
natural gas as a vehicular fuel in fleet and public dispensing
operations, the department shall promulgate regulations which adopt the
National Fire Protection Association Standard for Compressed Natural
Gas Vehicular Fuel systems (NFPA 52), excluding provisions on engine
fuel systems.

(b) EXISTING REGULATIONS.-- Until modified or deleted by the department, 37 Pa. Code Chs. 11 (relating to pre-liminary provisions) and 13 (relating to storage and use) shall be deemed regulations of the department under this section.

(c) Deleted by 2012, Oct. 8, P.L. 1188, No. 144, § 1, imd. effective.

(C.1) EMERGENCY CONTROLS AND ELECTRICAL DISCONNECTS.--

(1) Fuel-dispensing systems shall be provided with one or more clearly
identified emergency shut-off devices or electrical disconnects. Such
devices or disconnects shall be installed in approved locations not
less than 20 feet nor more than 100 feet from the fuel-dispensing
devices that they serve. The farthest fuel-dispensing device shall be
no more than 200 feet from the master control emergency shut-off
device. Emergency shut-off devices or electrical disconnects shall
disconnect power to:

(i) All dispensing devices.

(ii) All remote pumps serving the dispensing devices.

(iii) All associated power, control and signal circuits.

(iv) All other electrical equipment in hazardous or classified
locations surrounding the fuel-dispensing devices.

(2) When more than one emergency shut-off device or electrical
disconnect are provided, all devices shall be interconnected.
Resetting from an emergency shut-off condition shall require manual
intervention and the manner of resetting shall be approved by the
authority having jurisdiction.

(3) There shall be a master control emergency shut-off device, and such
device shall be within 15 feet of the principal location of the
attendant.

(4) At attended motor fuel-dispensing facilities, the devices or
disconnects shall be readily accessible to the attendant.

(5) At unattended motor fuel-dispensing facilities, the devices or
disconnects shall be readily accessible to patrons, and at least one
additional device or disconnect shall be readily accessible to each
group of dispensing devices on an individual island.

(6) Each fuel-dispensing device shall be in clear view of the attendant
at all times. The dispensing of fuel at each fuel-dispensing device
shall be in clear view of the attendant, and no obstacle shall be
permitted between the dispensing operation and the attendant so as to
obstruct the view of the attendant.

(d) OPERATING REQUIREMENTS FOR ATTENDED SELF-SERVICE MOTOR FUEL-DISPENSING FACILITIES.--

(1) There shall be at least one attendant on duty while a self-service
motor fuel-dispensing facility is open for business. The attendant's
primary function shall be to supervise, observe and control the
dispensing of Class I liquids while the Class I liquids are being
dispensed.

(2) As used in this subsection, a "self-service motor fuel-dispensing
facility" shall mean that portion of a property where liquids used as
motor fuels are stored and dispensed from fixed, approved dispensing
equipment into the fuel tanks of motor vehicles by persons other than
the facility attendant and shall also include, where provided,
facilities for the sale of other retail products.

(e) ATTENDANT RESPONSIBILITIES.-- It shall be the responsibility of an attendant to:

(1) Ensure the dispensing of Class I liquids into portable containers
as provided for in section (7)(c).

(2) Ensure the use of hose nozzle valve latch-open devices as provided
for in section (7)(b).

(3) Control sources of ignition.

(4) Immediately activate emergency controls and notify the fire
department of any fire or other emergency.

(5) Handle accidental spills and fire extinguishers if needed.

(f) CAPABILITIES.-- The attendant or supervisor on duty shall be mentally and physically capable of performing the functions and assuming the responsibility prescribed in this act.

(g) OPERATING INSTRUCTIONS.-- Operating instructions shall be conspicuously posted in the dispensing area.

(h) APPLICABILITY.-- Subsections (c.1), (d), (e), (f) and (g) shall apply to any new modification, construction or in-stallation of fuel-dispensing systems and their components that dispense fuel. Existing attended motor fuel-dispensing facilities are not required to install additional emergency shut-off devices or electrical disconnects, provided that the primary emergency shut-off switch is not more than 15 feet from the principal control location of the attendant and not more than 125 feet from the farthest motor fuel-dispensing device. The provisions of this subsection shall apply to tank storage systems, piping systems and electrical installations. Subsections (d), (e), (f) and (g) shall apply to all existing attended motor fuel-dispensing facilities.