Fire Laws

CHAPTER 28.22

FLAMMABLE AND COMBUSTIBLE LIQUIDS

Section.

23-28.22-1. Repealed.

23-28.22-2. Definitions.

23-28.22-3. Repealed.

23-28.22-4. Storage of flammable liquids other than as provided in this chapter prohibited.

23-28.22-5. Repealed

23-28.22-6. "Self-service dispensers" defined.

23-28.22-7. Attendant required.

23-28.22-8. Attendant's control and supervision.

23-28.22-9. Emergency controls - Extinguisher system.

23-28.22-10. Posting of operating instructions.

23-28.22-11. Posting of emergency procedures.

23-28.22-12. Unobstructed observation.

23-28.22-13. Delivery nozzles.

23-28.22-14. Voice communication control.

23-28.22-15. Posting of warning sign.

23-28.22-16. Fire control devices.

23-28.22-17. Filling containers.

23-28.22-18. Minimum age requirement.

23-28.22-19. Self-service stations - Assistance for persons with disabilities.

23-28.22-20. Closure of underground tanks.

23-28.22-21. Tank cutting on site prohibited.

23-28.22-22. Tanks stored and destroyed at tank yards.

23-28.22-23. Transportation of tanks.

23-28.22-24. Rules and regulations.

23-28.22-1. Repealed.

23-28.22-2. Definitions.

(a) 'Enforcing officer' means the enforcing officer shall be the chief of the fire department or his or her designee of the several cities, towns, and fire districts wherein any violations of the provisions of this chapter may take place.

(b) 'Self service stations' means that portion of property where flammable and combustible liquids used as motor fuels are stored, and subsequently dispensed from fixed equipment into the fuel tanks of motor vehicles by persons other than service station attendants, and the operation of the stations shall be subject to the following provisions contained in this chapter.

(c) 'The authority having jurisdiction' means the authority having jurisdiction for the purposes of this chapter shall mean the enforcing officer as defined in subsection (a).

23-28.22-3. Repealed.

23-28.22-4. Storage of flammable liquids other than as provided in this chapter prohibited.

No person shall store any flammable liquids at a bulk plant or service station except in accordance with regulations in this chapter.

23-28.22-5. Repealed.

23-28.22-6. "Self-service dispensers" defined.

A self-service dispenser means a remote controlled dispensing device approved by the authority having jurisdiction. The coin and/or the card operated type are not acceptable.

23-28.22-7. Attendant required.

All self-service stations shall have at least one qualified attendant on duty while the station is open to the public. During all times that Class 1 liquids are actually being dispensed, the attendant's primary function shall be to supervise, observe, and control the dispensing of the liquids. It shall be the responsibility of the attendant to prevent the dispensing of Class 1 liquids into portable containers unless the container is constructed of metal or approved plastic or is approved by the authority having jurisdiction, has a tight closure with screwed or spring cover, and is fitted with a spout or so designed that the contents can be poured without spilling. It shall also be the responsibility of the attendant to control sources of ignition, and to immediately handle accidental spills and fire extinguishers, if needed. The attendant or supervisor on duty shall be capable of performing the functions and assuming the responsibilities covered in this section.

23-28.22-8. Attendant's control and supervision.

At self service stations, the attendant shall be required to remain within the control console area at all times while Class 1 liquids are being dispensed. A 'post-payment operation' is advocated to insure the attendant's compliance with the foregoing provision.

23-28.22-9. Emergency controls - Extinguisher system.

(a) A main power shut-off switch or switches shall be installed in the remote control location and not more than seventy-five feet (75') from the dispensers.

(b) (1) A fixed fire extinguisher system suitable for the extinguishment of Class B (flammable liquid) fires, acceptable to the authority having jurisdiction and covering the entire gasoline dispensing area, shall be installed at each self-service station. The system shall be capable of being activated, either manually or automatically; however, if it is to be activated manually, the triggering device should be in the remote control location not more than seventy-five feet (75') from the dispensers. Activation of the extinguishing system shall automatically cut off power to pump dispensing devices.

(2) As referred to above, 'the entire gasoline dispensing area' is construed to mean that area encompassing the self service island. If, however, an adjacent attended island (normally serviced by a regular attendant dispensing motor fuel) is too close in proximity to the self service island in the opinion of the authority having jurisdiction, then a fixed fire protection system may be required there also. The extinguishing systems described in subsection (a) and (b)(1) shall have a device showing the condition of the system at all times. This system shall be maintained in accordance with standard practices.

23-28.22-10. Posting of operating instructions.

Instructions for the operation of the dispensers shall be conspicuously posted on either the dispenser or the dispenser island.

23-28.22-11. Posting of emergency procedures.

A list of emergency procedures and instructions shall be conspicuously posted in the immediate vicinity of the attendant's remote control location.

23-28.22-12. Unobstructed observation.

The dispensing operation shall at all times be in unobstructed view of the attendant, and the placing or allowing of any obstacle to come between the dispensing operation, and the attendant, so as to obstruct the attendant's view, is prohibited.

23-28.22-13. Delivery nozzles.

Hose nozzle valves used at self service islands shall be the approved automatic closing type without a latch-open device.

23-28.22-14. Voice communication control.

A voice communication system, such as, but not limited to, an intercom system, so as to allow direct voice communication at all times between the person dispensing the fuel and the attendant, shall be required by the authority having jurisdiction.

23-28.22-15. Posting of warning sign.

On each and every dispenser island shall be conspicuously posted the following words of warning:

'WARNING . . . It is unlawful to dispense gasoline into any portable container unless the container is constructed of metal or is approved by the authority having jurisdiction'.

'No Smoking'.

'Shut off motor while motor fuel is being dispensed'.

23-28.22-16. Fire control devices.

Suitable fire control devices such as portable extinguishers shall be available within seventy-five feet (75') of every dispenser. No less than two (2) approved fire extinguishers shall be available. Each extinguisher shall be kept in good operating condition at all times and shall be located in accessible places.

23-28.22-17. Filling containers.

No container shall be filled with flammable liquid while inside a passenger-carrying vehicle.

23-28.22-18. Minimum age requirement.

No person under the age of sixteen (16) years of age shall operate a gasoline dispensing device at a self service station.

23-28.22-19. Self-service stations - Assistance for persons with disabilities.

All full service stations offering self service at a lesser cost shall require an attendant to dispense gasoline and/or diesel fuel from the self-service portion of the station at the self service prices to any motor vehicle properly displaying a 'parking permit' issued pursuant to § 31-28-7, when the person to whom the plate has been issued is the operator of the vehicle and when the service is requested. Signs shall be conspicuously posted at all the pumps attesting to the procedure provided for in this section.

23-28.22-20. Closure of underground tanks.

All underground tanks having contained flammable, combustible or explosive substances shall be closed and/or removed in accordance with the American Petroleum Institute Recommended Practice - 1604, 2nd Edition, as amended.

23-28.22-21. Tank cutting on site prohibited.

No tank, as covered under this chapter, shall be cut on site. If any tank must be cut on site due to certain conditions, it shall only be done with the final approval of the state fire marshal and shall be done in accordance with § 23-28.22-20.

23-28.22-22. Tanks stored and destroyed at tank yards.

All tanks to be removed as provided by this chapter shall only be moved to, stored, and destroyed at tank yards or safe areas approved by the state fire marshal and shall be done in compliance with § 23-28.22-20.

23-28.22-23. Transportation of tanks.

All tanks covered under this chapter shall be transported in accordance with state and federal department of transportation regulations.

23-28.22-24. Rules and regulations.

The state fire marshal is hereby authorized to formulate and administer rules and regulations relating to the provisions of this chapter which shall be enforced in accordance with § 23-28.22-2(a).