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CHAPTER 13. STORAGE AND USE OF FLAMMABLE AND COMBUSTIBLE LIQUIDS
Subchap. Sec.
A. GENERAL PROVISIONS 13.1
B. PARTICULAR ESTABLISHMENTS AND USES 13.101
C. SPECIAL PROVISIONS AND PROCEDURES 13.211Authority The provisions of this Chapter 13 issued under act of April 27, 1927 (P. L. 450, No. 291) (35 P. S. § § 11811194), unless otherwise noted.
Source The provisions of this Chapter 13 adopted October 12, 1971, 1 Pa.B. 2018, unless otherwise noted.
Notes of Decisions The act of December 27, 1951 (P. L. 1793, No. 475) (35 P. S. § § 13211339) does not conflict with this chapter. Northeastern Gas Co., Inc. v. Foster Township Zoning Hearing Board, 613 A.2d 606 (Pa. Cmwlth. 1992).
Subchapter A. GENERAL PROVISIONS
OUTSIDE AND ABOVEGROUND STORAGE Sec.
13.1. Relative location to property.
13.2. Spacing between aboveground tanks.
13.3. Foundations and supports.
13.4. Anchorage.
13.5. Area beneath tanks.
13.6. Dikes, walls and drainage.
13.7. Design, construction and use of tanks.
13.8. Vents.
13.9. Tank valves.
13.10. Grounding.
13.11. Testing.
13.12. Prevention of overfilling of tanks.
UNDERGROUND STORAGE
13.21. Location.
13.22. Depth and cover.
13.23. Anchorage.
13.24. Design, construction and protection of tanks.
13.24a. Tank openings and vents for underground tanks.
13.25. Vents for underground tanks.
13.26. Testing.
13.27. Leaking underground tanks.
INSIDE BUILDING STORAGE
13.31. Scope.
13.32. Class I liquids.
13.33. Class II and Class III liquids.
13.33a. Tank openings other than vents for tanks inside buildings.
13.33b. Fill- and return-piping.
13.34. Venting.
13.35. Design and construction of tanks.
13.36. Tank supports.
13.37. Drainage.
13.38. Testing.
CLOSED CONTAINERS
13.41. Scope.
13.42. Design and construction of inside storage rooms.
13.43. Storage cabinets.
13.44. Manner and limitations of storage.
13.45. Fire safety rules.
13.46. Storage outside of buildings.
PIPING, VALVES AND FITTINGS
13.51. Scope and application.
13.52. General design specifications.
13.53. Materials.
13.54. Pipe joints.
13.55. Supports.
13.56. Protection against corrosion.
13.57. Valves.
13.58. Testing.
OUTSIDE AND ABOVEGROUND STORAGE
§ 13.1. Relative location to property.
(a) Tables. The following tables apply to relative location to property lines, public ways and other property:
(1) Aboveground tanks for the storage of flammable or combustible liquids, except those liquids with boilover characteristics and unstable liquids, operating at pressures not in excess of 2-1/2 psig and equipped with emergency venting which do not permit pressures to exceed 2 1/2 psig shall be located in accordance with the following table:
TABLE 1
Type of
TankProtection Minimum Distance in Feet
From Property Line
Which May be Built
Upon, Including the
Opposite Side of a
Public WayMinimum Distance in Feet
From Nearest Side of Any
Public Way or Nearest
Building on Same
Property (See Note)Floating roof Protection for exposures 1/2 times diameter of tank but need not exceed 90 feet 1/6 times diameter of tank but need not exceed 30 feet None Diameter of tank but need not exceed 175 feet 1/6 times diameter of tank but need not exceed 30 feet Vertical with weak roof to shell seam Approved foam or inerting system on the tank 1/2 times diameter of tank but need not exceed 90 feet and shall not be less than 5 feet 1/6 times diameter of tank but need not exceed 30 feet and shall not be less than 5 feet Protection for exposures Diameter of tank but need not exceed 175 feet 1/3 times diameter of tank but need not exceed 60 feet None 2 times diameter of tank but need not exceed 350 feet 1/3 times diameter of tank but need not exceed 60 feet Horizontal and vertical with emergency relief venting to limit pressures to 2½ psig Approved inerting system on the tank or approved foam system on vertical tanks 1/2 times Table 5 but shall not be less than 5 feet 1/2 times Table 5 but shall not be less than 5 feet Protection for exposures Table 5 Table 5 None 2 times Table 5 Table 5
NOTENo pump or tank shall be placed within the legal right-of-way limits of any State highway or any highway under the jurisdiction of DOT.(2) Aboveground tanks for the storage of flammable or combustible liquids, except those liquids with boilover characteristics and unstable liquids, operating at pressures exceeding 2½ psig or equipped with emergency venting which will permit pressures to exceed 2½ psig shall be located in accordance with the following table:
TABLE 2
Type of
TankProtection Minimum Distance in Feet
From Property Line
Which May be Built
Upon, Including the
Opposite Side of a
Public WayMinimum Distance in Feet
From Nearest Side of Any
Public Way or Nearest
Building on Same
Property (See Note)Any type Protection for exposures 1 1/2 times Table 5 but shall not be less than 25 feet 1 1/2 times Table 5 but shall not be less than 25 feet None 3 times Table 5 but shall not be less than 50 feet 1 1/2 times Table 5 but shall not be less than 25 feet
NoteNo pump or tank shall be placed within the legal right-of-way limits of any State highway or any highway under the jurisdiction of DOT.
(3) Aboveground tanks for the storage of flammable or combustible liquids with boilover characteristics shall be located in accordance with the following table:
TABLE 3
Type of
TankProtection Minimum Distance in Feet
From Property Line
Which May be Built
Upon, Including the
Opposite Side of a
Public WayMinimum Distance in Feet
From Nearest Side of Any
Public Way or Nearest
Building on Same
Property (See Note)Floating roof Protection for exposures Diameter of tank but need not exceed 175 feet 1/3 times diameter of tank but need not exceed 60 feet None 2 times diameter of tank but need not exceed 350 feet 1/3 times diameter of tank but need not exceed 60 feet Approved foam or inerting system Diameter of tank but need not exceed 175 feet 1/3 times diameter of tank but need not exceed 60 feet Fixed roof Protection for exposures 2 times diameter of tank but need not exceed 350 feet 2/3 times diameter of tank but need not exceed 120 feet None 4 times diameter of tank but need not exceed 350 feet 2/3 times diameter of tank but need not exceed 120 feet
NoteNo pump or tank shall be placed within the legal right-of-way limits of any State highway or any highway under the jurisdiction of DOT.
(4) Aboveground tanks for the storage of unstable liquids shall be located in accordance with the following table:
TABLE 4
Type of
TankProtection Minimum Distance in Feet
From Property Line
Which May be Built
Upon, Including the
Opposite Side of a
Public WayMinimum Distance in Feet
From Nearest Side of Any
Public Way or Nearest
Building on Same
Property (See Note)Horizontal and vertical tanks with emergency relief venting to permit pressure not in excess of 2½ psig Tank protected with any one of the following: approved water spray, approved inerting, approved insulation and refrigeration, approved barricade Table 5 but not less than 25 feet Not less than 25 feet Protection for exposures 2 1/2 times Table 5 but not less than 50 feet Not less than 50 feet None 5 times Table 5 but not less than 100 feet Not less than 100 feet Horizontal and vertical tanks with emergency relief venting to permit pressure over 2½ psig Tank protected with any one of the following: approved water spray, approved inerting, approved insulation and refrigeration, approved barricade 2 times Table 5 but not less than 50 feet Not less than 50 feet Protection for exposures 4 times Table 5 but not less than 100 feet Not less than 100 feet None 8 times Table 5 but not less than 150 feet Not less than 150 feet
NoteNo pump or tank shall be placed within the legal right-of-way limits of any State highway or any highway under the jurisdiction of DOT.(5) The minimum distance used in Tables 1, 2, and 4 is set forth in the following table:
TABLE 5
Capacity of Tank
(in gallons)Minimum Distance in Feet
From Property Line Which
May be Built Upon,
Including the Opposite Side
of a Public WayMinimum Distance in Feet
From Nearest Side of Any
Public Way or Nearest
Building on Same Property
(See Note)275 or less 5 5 276 to 750 10 5 751 to 12,000 15 5 12,001 to 30,000 20 5 30,001 to 50,000 30 10 50,001 to 100,000 50 15 100,001 to 500,000 80 25 500,001 to 1,000,000 100 35 1,000,001 to 2,000,000 135 45 2,000,001 to 3,000,000 165 55 3,000,001 or more 175 60
NOTENo pump or tank shall be placed within the legal right-of-way limits of any State highway or any highway under the jurisdiction of DOT.
(b) Exposure of property. If end failure of horizontal tanks may expose property, the tank shall be placed with the longitudinal axis parallel to the more severe exposure.
(c) Common boundaries of diversely-owned property. If two tank locations of diverse ownership have a common boundary, the fire marshal may, with written consent of the owners of the two properties, substitute the distances set forth in § 13.2 (relating to spacing between aboveground tanks), for the minimum distances set forth in this section.
(d) Consideration for special conditions. These provisions may be altered in particular installations so as to be less restrictive or more restrictive at the discretion of the fire marshal after consideration of special features such as, but not restricted to, topographical conditions, nature of occupancy, proximity to buildings on adjoining property, height and character of construction of such buildings, capacity and construction of proposed tanks and character of liquids to be stored, degree of private fire protection to be provided, and facilities of the fire department to cope with flammable or combustible liquid fires.
(e) Application of this section. The provisions set forth in Tables 15 apply to distances between tanks and buildings on the property where installation is made.
(f) Protection for exposures. When such term is used in Tables 15, protection for exposures shall mean fire protection for structures on property adjacent to tanks. Structures located within the jurisdiction of any public fire department or within or adjacent to plants having private fire brigades shall be considered as having adequate protection for exposures.
(g) Requirements for fire prevention. If the required distance between tanks and buildings on the property where installation is made is greater than ten feet for tanks operated at pressures not in excess of 2 1/2 psig and used for storage of liquids other than those with boilover or unstable characteristics, such tanks may be closer to buildings than as set forth in Tables 1 and 5 but not less than 10 feet, if such buildings are of noncombustible construction, including resistive roof, with no openings on the side or sides facing the tanks. In the alternative, if openings would be present, wire glass in metal frame, fire shutters, or fire doors shall be acceptable on such openings.
(h) Skid tanks, similar portable equipment and drums are prohibited except when placed on farm and other isolated property for use in connection with farm equipment; or for private purposes only; or when use of such tanks or drums will be of purely temporary duration in connection with contract work such as road construction, strip mining and other transient operations where conventional type equipment would not be reasonably feasible or practicable; however, individual tanks shall not exceed 1,000 gallons capacity for storage of class I liquids, nor be in excess of 2,000 gallons capacity for storage of class II and class III liquids. Individual drums shall not exceed 60 gallons capacity. Individual tanks, similar portable equipment or drums shall not be interconnected and shall be kept closed when not in use.
(1) Skid tanks, similar portable equipment and drums must be located at least 40 feet from any building. Any vehicle, container or equipment being filled directly from a tank or drum must be at least 40 feet from any building. Pumps must be of an approved type and permanently attached. Dispensing devices used in connection with drums must be self-closing, of approved type and permanently attached. Dispensing devices requiring pressure on the tank or drum are prohibited.
(2) Skid tanks, similar portable equipment and drums shall be conspicuously marked in letters not less than 3 inches high with the name of the product which they contain and the words INFLAMMABLEKEEP 40 FEET FROM BUILDINGS. This section does not pertain to drums stored under § 13.46 (relating to storage outside of buildings).
(i) Aboveground tanks shall not be located within 200 feet of any underground mine opening.
Source The provisions of this § 13.1 amended June 22, 1984, effective June 18, 1984, 14 Pa.B. 2131. Immediately preceding text appears at serial pages (63471) to (63473) and (5111) to (5114).
Cross References This section cited in 37 Pa. Code § 13.46 (relating to storage outside of buildings); 37 Pa. Code § 13.105 (relating to loading and unloading); 37 Pa. Code § 13.111 (relating to storage and handling); 37 Pa. Code § 13.141 (relating to scope and application); 37 Pa. Code § 13.151 (relating to scope and application); and 37 Pa. Code § 13.161 (relating to general provisions).
§ 13.2. Spacing between aboveground tanks.
(a) The distance from shell to shell between flammable or combustible liquid storage tanks shall not be less than three feet.
(b) Except as provided in subsections (c) and (d), the distance from shell to shell between adjacent tanks shall not be less than 1/6 the sum of their diameters, except when the diameter of one tank is less than 1/2 the diameter of the adjacent tank, the distance between the two tanks shall not be less than 1/2 the diameter of the smaller tank.
(c) If a producing area for tanks storing crude petroleum has a capacity not in excess of 126,000 gallons (3,000 barrels), the distance between the tanks shall not be less than 3 feet; for tank capacities in excess of 126,000 gallons (3,000 barrels), the distance shall not be less than the diameter of the smaller tank.
(d) The distance between tanks storing unstable liquids shall not be less than 1/2 the sum of their diameters.
(e) If tanks are compacted in three or more rows, or in an irregular pattern, greater spacing or other means shall be provided at the discretion of the fire marshal so that inside tanks are accessible for fire fighting purposes.
(f) The minimum separation between a liquefied petroleum gas container and a flammable or combustible liquid storage tank shall be 20 feet. Suitable means shall be taken to prevent the accumulation of flammable or combustible liquids under adjacent liquefied petroleum gas containers, such as diking, diversion curbs, or grading. If flammable or combustible liquid storage tanks are diked, the liquefied petroleum gas containers shall be outside of the diked area wall. The foregoing provisions shall not apply when liquefied petroleum gas containers with capacities of 125 gallons or less are installed adjacent to fuel oil supply tanks with capacities of 660 gallons or less. Liquefied petroleum gas installations are under the jurisdiction of the Department of Labor and Industry.
Source The provisions of this § 13.2 amended June 22, 1984, effective June 18, 1984, 14 Pa.B. 2131. Immediately preceding text appears at serial pages (5114) to (5115).
Cross References This section cited in 37 Pa. Code § 13.1 (relating to relative location to property); 37 Pa. Code § 13.111 (relating to storage and handling); 37 Pa. Code § 13.141 (relating to scope and application); 37 Pa. Code § 13.151 (relating to scope and application); and 37 Pa. Code § 13.161 (relating to general provisions).
§ 13.3. Foundations and supports.
Tanks shall be supported so as to prevent excessive concentration of loads on the supporting portion of the shell. Tank foundations shall be designed to minimize the possibility of uneven settling of the tank and to minimize corrosion in any part of the tank resting on the foundation. Tanks shall rest directly on the ground or on suitable foundations or supports of concrete, masonry, piling, or steel. Exposed steel supports shall be protected by fire resistive materials to provide a fire resistance rating of not less than 2 hours, with the exception of tanks with capacities of 660 gallons or less, installed on farm or other isolated property and only used for private purposes. No combustible piling shall be permitted above ground level.
Source The provisions of this § 13.3 amended June 22, 1984, effective June 18, 1984, 14 Pa.B. 2131. Immediately preceding text appears at serial pages (5115) to (5116).
Cross References This section cited in 37 Pa. Code § 13.111 (relating to storage and handling); 37 Pa. Code § 13.141 (relating to scope and application); 37 Pa. Code § 13.151 (relating to scope and application); and 37 Pa. Code § 13.161 (relating to general provisions).
§ 13.4. Anchorage.
If a tank is located in an area that may be subjected to flooding, installation shall be in accordance with § § 13.21113.217 (relating to protection of tanks in flood areas).
Cross References This section cited in 37 Pa. Code § 13.111 (relating to storage and handling); 37 Pa. Code § 13.141 (relating to scope and application); 37 Pa. Code § 13.151 (relating to scope and application); and 37 Pa. Code § 13.161 (relating to general provisions).
§ 13.5. Area beneath tanks.
No structure, other than supports, shall be erected or placed beneath any aboveground tank, nor shall any combustible material, drum, or barrel be stored or kept under any such tank.
Cross References The provisions of this § 13.6 amended June 22, 1984, effective June 18, 1984, 14 Pa.B. 2131. Immediately preceding text appears at serial pages (5116) to (5118).
Cross References The provisions of this § 13.7 amended June 22, 1984, effective June 18, 1984, 14 Pa.B. 2131. Immediately preceding text appears at serial pages (5118) to (5119).
Cross References The provisions of this § 13.8 issued under act of April 27, 1927 (P. L. 450, No. 291) (35 P. S. § § 11811194).
Source The provisions of this § 13.8 amended through June 22, 1984, effective June 18, 1984, 14 Pa.B. 2131. Immediately preceding text appears at serial pages (5119) to (5122), (63474) to (63475), and (63948).
Cross References This section cited in 37 Pa. Code § 13.25 (relating to vents for underground tanks); 37 Pa. Code § 13.111 (relating to storage and handling); 37 Pa. Code § 13.141 (relating to scope and application); 37 Pa. Code § 13.151 (relating to scope and application); and 37 Pa. Code § 13.161 (relating to general provisions).
§ 13.9. Tank valves.
Each connection to an aboveground tank storing flammable or combustible liquids, located below normal liquid level, shall be provided with an internal or external control valve located as close as practicable to the shell of the tank. Except for flammable or combustible liquids whose chemical characteristics are incompatible with steel, such valves, when external, and their connections to the tank shall be of steel. When materials other than steel are necessary, they shall be suitable for the pressures, structural stresses and temperatures involved, including fire exposures.
Cross References This section cited in 37 Pa. Code § 13.111 (relating to storage and handling); 37 Pa. Code § 13.141 (relating to scope and application); 37 Pa. Code § 13.151 (relating to scope and application); and 37 Pa. Code § 13.161 (relating to general provisions).
§ 13.10. Grounding.
Each tank or system shall be electrically grounded in an approved manner.
Cross References This section cited in 37 Pa. Code § 13.111 (relating to storage and handling); 37 Pa. Code § 13.141 (relating to scope and application); 37 Pa. Code § 13.151 (relating to scope and application); and 37 Pa. Code § 13.161 (relating to general provisions).
§ 13.11. Testing.
All tanks shall be tested for strength and tightness before they are placed in service in accordance with the applicable code or standard under which they were built. This test shall be made at operating pressure with air, inert gas or water prior to placing the tank in service.
Cross References This section cited in 37 Pa. Code § 13.111 (relating to storage and handling); 37 Pa. Code § 13.141 (relating to scope and application); 37 Pa. Code § 13.151 (relating to scope and application); and 37 Pa. Code § 13.161 (relating to general provisions).
§ 13.12. Prevention of overfilling of tanks.
Tanks receiving transfer of flammable or combustible liquid from mainline pipelines or marine vessels shall be:
(1) Gauged at frequent intervals while receiving transfer of product, and communications maintained with mainline pipeline or marine personnel so that flow can be promptly shut down or diverted;
(2) Equipped with an independent high level alarm located where personnel are on duty during the transfer and can promptly arrange for flow stoppage or diversion; or
(3) Equipped with an independent high level alarm system that will automatically shut down or divert flow.
Source The provisions of this § 13.12 adopted June 22, 1984, effective June 18, 1984, 14 Pa.B. 2131.
UNDERGROUND STORAGE
§ 13.21. Location.
A flammable or combustible liquid storage tank may be located outside underground, if such installation meets § § 13.2113.26 (relating to underground storage). The tank shall be so located with respect to existing building foundations and supports that the loads carried by the supports are not transmitted to the tank. The distances from any part of a tank storing class I liquids to the nearest wall of any basement, pit or cellar shall be not less than 1 foot, and from the line of any adjoining property not less than 3 feet. The distance from any part of a tank storing class II or class III liquids to the nearest wall of any basement, pit or cellar, and from the line of any adjoining property shall be not less than 1 foot. When tank excavations are lower than wall or column footings, the edge of the ditch shall be outside a slope of one horizontal to one vertical from the edge of such footing. No tank shall be placed within the legal right-of-way limits of any highway, or any highway under the jurisdiction of DOT, nor within 200 feet of an underground mine opening.
Source The provisions of this § 13.21 amended June 22, 1984, effective June 18, 1984, 14 Pa.B. 2131. Immediately preceding text appears at serial pages (5125) to (5126).
Cross References This section cited in 37 Pa. Code § 13.141 (relating to scope and application); 37 Pa. Code § 13.151 (relating to scope and application); and 37 Pa. Code § 13.161 (relating to general provisions).
§ 13.22. Depth and cover.
Excavation for underground storage tanks shall be made with due care to avoid undermining of foundations of existing structures. Underground tanks shall be set on a firm foundation, at least 2 feet apart, and surrounded with noncorrosive, uniform, inert materials such as soft earth or sand well tamped in place. Tanks shall be covered with a minimum of 2 feet of earth, or shall be covered with not less than 1 foot of earth on top of which shall be placed a slab of reinforced concrete not less than 4 inches thick. When underground tanks are or are likely to be subjected to traffic, they shall be protected against damage from vehicles passing over them by at least 3 feet of earth cover, or 18 inches of well tamped earth, plus 6 inches of reinforced concrete or 8 inches of asphaltic concrete. When asphaltic or reinforced concrete paving is used as part of the protection it shall extend at least 1 foot horizontally beyond the outline of the tank in all directions.
Cross References This section cited in 37 Pa. Code § 13.21 (relating to location); 37 Pa. Code § 13.141 (relating to scope and application); 37 Pa. Code § 13.151 (relating to scope and application); and 37 Pa. Code § 13.161 (relating to general provisions).
§ 13.23. Anchorage.
If a tank is located in an area that may be subjected to flooding, installation shall be in accordance with § § 13.21113.217 (relating to protection of tanks in flood areas).
Cross References This section cited in 37 Pa. Code § 13.21 (relating to location); 37 Pa. Code § 13.141 (relating to scope and application); 37 Pa. Code § 13.151 (relating to scope and application); and 37 Pa. Code § 13.161 (relating to general provisions).
§ 13.24. Design, construction and protection of tanks.
(a) General. Underground tanks shall be designed and constructed to safely withstand the service to which they are subjected. Tanks shall not contain petroleum products containing mixtures of a non-petroleum nature without evidence of compatibility. This shall include ethanol or methanol blends.
(b) Materials. Tanks shall be built of steel except as provided in this subsection. Tanks may be built of materials other than steel for installation underground or if required by the properties of the liquid stored. Tanks built of materials other than steel shall be designed to specifications embodying principles recognized as good engineering design for the material used. Unlined concrete tanks may be used for storing flammable or combustible liquids having a gravity of 40 API or heavier. Concrete tanks with special lining may be used for other services if the design is in accordance with sound engineering practice. Tanks may have combustible or noncombustible linings. Special engineering consideration is required if the specific gravity of the liquid to be stored exceeds that of water or if the tanks are designed to contain flammable or combustible liquids at a liquid temperature below 0°F.
(c) Fabrication. Underground tank construction shall be in accordance with the following publications:
(1) Underwriters Laboratories, Incorporated, Standard No. 581976, Specifications for Underground Tanks for Flammable and Combustible Liquids, sets forth the minimum requirements for construction of steel underground tanks.
(2) Underwriters Laboratories, Incorporated, Standard No. 131683T, Specifications for Glass-Fiber Reinforced Plastic Underground Storage Tanks for Petroleum Products, sets forth the minimum requirements for construction of nonmetallic underground tanks.
(d) Protection against corrosion. Tanks shall be protected by:
(1) Use of protective coatings or wrappings;
(2) Cathodic protection; or
(3) Corrosion resistant materials of construction such as special alloys, fiber glass reinforced plastic or fiber glass reinforced plastic coatings, or equivalent approved systems.
Source The provisions of this § 13.24 amended June 22, 1984, effective June 18, 1984, 14 Pa.B. 2131. Immediately preceding text appears at serial page (63476).
Cross References This section cited in 37 Pa. Code § 13.21 (relating to location); 37 Pa. Code § 13.141 (relating to scope and application); 37 Pa. Code § 13.151 (relating to scope and application); and 37 Pa. Code § 13.161 (relating to general provisions).
§ 13.24a. Tank openings and vents for underground tanks.
(a) Connections for all tank openings shall be liquid tight.
(b) Openings for manual gaging, if independent of the fill pipe, shall be provided with a liquid-tight cap or cover. Covers shall be kept closed when not gaging. If inside a building, each such opening shall be protected against liquid overflow and possible vapor release by means of a spring loaded check valve or other approved device.
(c) Fill and discharge lines shall enter tanks only through the top. Fill lines shall be sloped toward the tank.
(d) For class IB and class IC liquids other than crude oils, gasolines, and asphalts, the fill pipe shall be so designed and installed as to minimize the possibility of generating static electricity by terminating within six inches of the bottom of the tank.
(e) Filling and emptying and vapor recovery connections for class I, class II, or class III liquids which are made and broken shall be located outside of buildings at a location free from any source of ignition and not less than five feet away from any building opening. Such connections shall be closed and liquid-tight when not in use and shall be properly identified.
(f) Tank openings provided for purposes of vapor recovery shall be protected against possible vapor release by means of a spring-loaded check valve or dry-break connection or other approved device unless the opening is pipe-connected to a vapor processing system. Openings designed for combined fill and vapor recovery shall also be protected against vapor release unless connection of the liquid delivery line to the fill pipe simultaneously connects the vapor recovery line. All connections shall be vapor-tight.
Source The provisions of this § 13.25 amended through June 22, 1984, effective June 18, 1984, 14 Pa.B. 2131. Immediately preceding text appears at serial pages (63477) to (63480).
Cross References The provisions of this § 13.26 amended June 22, 1984, effective June 18, 1984, 14 Pa.B. 2131. Immediately preceding text appears at serial page (63480).
Cross References This section cited in 37 Pa. Code § 13.21 (relating to location); 37 Pa. Code § 13.141 (relating to scope and application); 37 Pa. Code § 13.151 (relating to scope and application); and 37 Pa. Code § 13.161 (relating to general provisions).
§ 13.27. Leaking underground tanks.
An underground tank found to be leaking shall be removed or abandoned in place under § 13.222 (relating to underground tanks); or may be repaired in a manner specifically approved by the fire marshal.
Source The provisions of this § 13.27 adopted June 22, 1984, effective June 18, 1984, 14 Pa.B. 2131.
Cross References This section cited in 37 Pa. Code § 13.221 (relating to tanks temporarily out of service).
INSIDE BUILDING STORAGE
§ 13.31. Scope.
The provisions of § § 13.3113.38 (relating to inside building storage) apply to unenclosed tanks and tanks enclosed in unfilled vaults within buildings. When tanks are placed in filled enclosures, they shall meet the provisions of this chapter for underground tanks.
Cross References This section cited in 37 Pa. Code § 13.161 (relating to general provisions).
§ 13.32. Class I liquids.
Tanks for storage of class I liquids shall not be installed inside buildings except as set forth in § 13.141 and § 13.151 (relating to commercial and industrial establishments and processing plants).
Source The provisions of this § 13.32 amended June 22, 1984, effective June 18, 1984, 14 Pa.B. 2131. Immediately preceding text appears at serial page (63481).
Cross References The provisions of this § 13.33 amended through October 5, 1984, effective October 6, 1984, 14 Pa.B. 3624. Immediately preceding text appears at serial pages (90106) to (90107).
Cross References This section cited in 37 Pa. Code § 13.31 (relating to scope); and 37 Pa. Code § 13.161 (relating to general provisions).
§ 13.33a. Tank openings other than vents for tanks inside buildings.
(a) The outlet of a vapor recovery line for which connections are made and broken shall be located outside of buildings at a location free from any source of ignition and not less than 5 feet away from any building opening. Such connections shall be closed and tight when not in use and shall be properly identified.
(b) Tank openings provided for purposes of vapor recovery shall be protected against possible vapor release by means of a spring-loaded check valve or drybreak connections, or other approved device, unless the opening is pipe-connected to a vapor processing system. Openings designed for combined fill and vapor recovery shall also be protected against vapor release unless connection of the liquid delivery line to the fill pipe simultaneously connects the vapor recovery line. All connections shall be vapor-tight.
Source The provisions of this § 13.33a adopted July 17, 1981; amended June 22, 1984, effective June 18, 1984, 14 Pa.B. 2131. Immediately preceding text appears at serial pages (63482) to (63483).
§ 13.33b. Fill- and return-piping.
(a) A fill pipe shall terminate outside of a building at a point at least 2 feet from any building opening at the same or lower level. A fill pipe shall terminate in a manner designed to minimize spilling when the filling hose is disconnected. Fill opening shall be equipped with a tight metal cover designed to discourage tampering. Where a supply or storage tank has been removed from within a building, it shall be the responsibility of the owner of the tank to insure that the portion of the fill pipe system terminating outside the building is also removed at the same time to preclude the accidental use of the fill pipe which is no longer connected to the tank.
(b) A return line from a burner or pump to a supply tank shall enter the top of the tank.
(c) Cross connections, except between two supply tanks not exceeding 660 gallon aggregate capacity, permitting gravity flow from one tank to another shall be prohibited.
(d) An auxiliary tank shall be filled by a pump transferring the oil through continuous piping from the supply tank.
(e) An auxiliary tank shall be located at a level above the top of the supply tank from which it is filled.
(f) An auxiliary tank shall be provided with an overflow pipe draining to the supply tank and extending into the top of the supply tank not more than one inch. This requirement shall not apply to an auxiliary tank specifically listed for use without an overflow pipe.
(g) An overflow pipe from an auxiliary tank and a return line from a burner or pump shall have no valves or obstructions.
Source The provisions of this § 13.33b adopted July 17, 1981; amended June 22, 1984, effective June 18, 1984, 14 Pa.B. 2131. Immediately preceding text appears at serial pages (63483) to (63484).
§ 13.34. Venting.
Tanks shall have vent openings and vent pipes of sufficient size to prevent abnormal pressure in the tank during filling. Vent pipes shall terminate outside of buildings, higher than the fill pipe opening, and above normal snow accumulation. All domestic fuel tank installations shall be equipped with a signal alarm to prevent overflow. Where tanks are filled by the use of a pump through tight connection, a vent pipe not less in size than the discharge of the pump shall be used. Under no circumstances shall the vent pipe diameter be less than 1¼ inches nominal inside diameter.
Source The provisions of this § 13.34 amended June 22, 1984, effective June 18, 1984, 14 Pa.B. 2131. Immediately preceding text appears at serial page (63484).
Cross References The provisions of this § 13.35 amended June 22, 1984, effective June 18, 1984, 14 Pa.B. 2131. Immediately preceding text appears at serial pages (63484) to (63485), and (5133).
Cross References This section cited in 37 Pa. Code § 13.31 (relating to scope); and 37 Pa. Code § 13.161 (relating to general provisions).
§ 13.36. Tank supports.
Inside storage and supply tanks shall be securely supported by rigid, noncombustible supports to prevent settling, sliding, or lifting.
Source The provisions of this § 13.36 amended June 22, 1984, effective June 18, 1984, 14 Pa.B. 2131. Immediately preceding text appears at serial page (5133).
Cross References This section cited in 37 Pa. Code § 13.31 (relating to scope); and 37 Pa. Code § 13.161 (relating to general provisions).
§ 13.37. Drainage.
If a supply tank larger than 10 gallons is provided with an opening in the bottom for use as a burner supply connection or as a drain, the tank shall be pitched toward the opening with a slope of not less than 1/4 inch per foot of length.
Source The provisions of this § 13.37 amended June 22, 1984, effective June 18, 1984, 14 Pa.B. 2131. Immediately preceding text appears at serial pages (5133) to (5134).
Cross References This section cited in 37 Pa. Code § 13.31 (relating to scope); and 37 Pa. Code § 13.161 (relating to general provisions).
§ 13.38. Testing.
(a) All tanks shall be tested for strength and tightness before they are placed in service in accordance with the applicable code or standard under which they were built. This test shall be made at operating pressure with air, inert gas, or water prior to placing the tank in service.
(b) When the vertical length of the fill and vent pipes is such that when filled with liquid the static head imposed upon the bottom of the tank exceeds ten psig the tank and related piping shall be tested hydrostatically to a pressure equal to the static head thus imposed.
Cross References This section cited in 37 Pa. Code § 13.31 (relating to scope); and 37 Pa. Code § 13.161 (relating to general provisions).
CLOSED CONTAINERS
§ 13.41. Scope.
The provisions set forth in § § 13.4113.46 (relating to closed containers) apply to the storage of flammable or combustible liquids in drums or other portable closed containers not exceeding 60 gallons individual capacity inside buildings, or outside of buildings in areas used solely for such storage, but are not applicable to storage in bulk plants, service stations, commercial and industrial establishments, processing plants, heating and power devices and distilleries.
Source The provisions of this § 13.41 amended June 22, 1984, effective June 18, 1984, 14 Pa.B. 2131. Immediately preceding text appears at serial page (5134).
Cross References This section cited in 37 Pa. Code § 13.141 (relating to scope and application); and 37 Pa. Code § 13.151 (relating to scope and application).
§ 13.42. Design and construction of inside storage rooms.
Inside storage rooms shall comply with the requirements of the Fire and Panic Act, except in cities of the Second Class A. In cities of the Second Class A, design and construction of inside storage rooms shall be in a manner approved by the fire marshal.
Source The provisions of this § 13.42 amended June 22, 1984, effective June 18, 1984, 14 Pa.B. 2131. Immediately preceding text appears at serial page (5135).
Cross References This section cited in 37 Pa. Code § 13.41 (relating to scope); 37 Pa. Code § 13.141 (relating to scope and application); and 37 Pa. Code § 13.151 (relating to scope and application).
§ 13.43. Storage cabinets.
Outside storage cabinets shall be constructed and utilized in an approved manner.
Source The provisions of this § 13.43 amended June 22, 1984, effective June 18, 1984, 14 Pa.B. 2131. Immediately preceding text appears at serial pages (5135) to (5136).
Cross References The provisions of this § 13.44 amended through October 5, 1984, effective October 6, 1984, 14 Pa.B. 3624. Immediately preceding text appears at serial pages (90113) to (90114).
Cross References This section cited in 37 Pa. Code § 13.33 (relating to class II and class III liquids); 37 Pa. Code § 13.41 (relating to scope); 37 Pa. Code § 13.45 (relating to fire safety rules); 37 Pa. Code § 13.141 (relating to scope and application); and 37 Pa. Code § 13.151 (relating to scope and application).
§ 13.45. Fire safety rules.
(a) Suitable fire extinguishers are recommended wherever flammable or combustible liquids are stored or used inside buildings described in § 13.44(b)(1) (relating to manner and limitations of storage).
(b) [Reserved]
(c) Open flames, smoking and other sources of ignition are not permitted in flammable or combustible liquid storage rooms.
(d) Materials which may react with water to produce flammable vapors may not be stored in the same room with flammable or combustible liquids.
(e) Use of class I liquids as degreasing or cleaning agents are prohibited.
Source The provisions of this § 13.45 amended June 22, 1984, effective June 23, 1984, 14 Pa.B. 2131; corrected October 21, 1988, effective June 23, 1984, 18 Pa.B. 4789. Immediately preceding text appears at serial page (90114).
Cross References The provisions of this § 13.46 amended June 22, 1984, effective June 18, 1984, 14 Pa.B. 2131. Immediately preceding text appears at serial pages (63486) to (63487).
Cross References This section cited in 37 Pa. Code § 13.1 (relating to relative location to property); 37 Pa. Code § 13.41 (relating to scope); 37 Pa. Code § 13.101 (relating to storage); 37 Pa. Code § 13.141 (relating to scope and application); and 37 Pa. Code § 13.151 (relating to scope and application).
PIPING, VALVES AND FITTINGS
§ 13.51. Scope and application.
(a) Sections 13.5113.58 (relating to piping, valves and fittings) do not apply to tubing or casing on oil wells and piping connected directly thereto, floating craft or aircraft, or piping within the scope of an applicable boiler and pressure vessel code.
(b) Piping systems consist of pipe, flanges, bolting, gaskets, valves, fittings, the pressure containing parts of other components such as expansion joints and strainers, and devices which serve such purposes as mixing, separating, snubbing, distributing, metering or controlling flow.
Cross References This section cited in 37 Pa. Code § 13.8 (relating to vents); 37 Pa. Code § 13.25 (relating to vents for underground tanks); 37 Pa. Code § 13.52 (relating to general design specifications); and 37 Pa. Code § 13.161 (relating to general provisions).
§ 13.52. General design specifications.
(a) The design, including selection of materials, fabrication, assembly and the test and inspection of piping systems containing flammable or combustible liquids shall be suitable for the expected working pressures and structural stresses. Conformity with the applicable provisions of the American National Standard Code for Pressure Piping (ANSI B31); and § § 13.5113.58 (relating to piping, valves and fittings) shall be considered prima facie evidence of compliance with the provisions of this section.
(b) Piping systems between storage tanks and dispensing devices at service stations shall be installed underground.
Source The provisions of this § 13.52 amended June 22, 1984, effective June 18, 1984, 14 Pa.B. 2131. Immediately preceding text appears at serial pages (63487) and (5141).
Cross References This section cited in 37 Pa. Code § 13.8 (relating to vents); 37 Pa. Code § 13.51 (relating to scope and application); and 37 Pa. Code § 13.161 (relating to general provisions).
§ 13.53. Materials.
(a) Material for piping, valves, or fittings shall be of steel or nodular iron except as set forth in subsections (b) and (c). Nodular iron shall conform to ASTM A395-77, Ferritic Ductile Iron Pressure Retaining Castings for Use at Elevated Temperatures.
(b) Materials other than steel or nodular iron may be used underground or if required by the properties of the flammable or combustible liquid handled.
(c) Materials other than steel or nodular iron shall be designed to specifications embodying principles recognized as good engineering design for the material used and shall be approved by the fire marshal.
(d) When low melting point materials such as aluminum and brass, or materials that soften on fire exposure such as plastic, or nonductile materials such as cast iron are necessary, special consideration shall be given to their behavior on fire exposure. If such materials are used in aboveground piping systems or inside buildings, they shall be suitably protected against fire exposure or so located that any spill resulting from the failure of these materials do not unduly expose persons, buildings, or structures, and are readily controlled by remote valves.
Source The provisions of this § 13.53 amended June 22, 1984, effective June 18, 1984, 14 Pa.B. 2131. Immediately preceding text appears at serial page (5141).
Cross References This section cited in 37 Pa. Code § 13.8 (relating to vents); 37 Pa. Code § 13.51 (relating to scope and application); 37 Pa. Code § 13.52 (relating to general design specifications); and 37 Pa. Code § 13.161 (relating to general provisions).
§ 13.54. Pipe joints.
(a) Joints shall be made liquid-tight and shall be either welded, flanged or threaded, except that listed flexible connectors may be used. Threaded joints shall be made up tight with a suitable thread sealant or lubricant. Joints in piping systems handling class I liquids shall be welded when located in concealed spaces within buildings.
(b) Pipe joints dependent upon the friction characteristics or resiliency of combustible materials for mechanical continuity or liquid-tightness of piping shall not be used inside buildings. They may be used outside of buildings above or below ground. If used aboveground outside of buildings, the piping shall either be secured to prevent disengagement at the fitting, or the piping system shall be so designed that any spill resulting from disengagement could not unduly expose persons, important buildings or structures, and could be readily controlled by remote valves.
Source The provisions of this § 13.54 amended June 22, 1984, effective June 18, 1984, 14 Pa.B. 2131. Immediately preceding text appears at serial pages (5141) to (5142).
Cross References This section cited in 37 Pa. Code § 13.8 (relating to vents); 37 Pa. Code § 13.51 (relating to scope and application); 37 Pa. Code § 13.52 (relating to general design specifications); and 37 Pa. Code § 13.161 (relating to general provisions).
§ 13.55. Supports.
Piping systems shall be substantially supported and protected against physical damage and excessive stresses arising from settlement, vibration, expansion, or contraction. The installation of nonmetallic piping shall be in accordance with the manufacturers instructions.
Source The provisions of this § 13.55 amended June 22, 1984, effective June 18, 1984, 14 Pa.B. 2131. Immediately preceding text appears at serial page (5142).
Cross References This section cited in 37 Pa. Code § 13.8 (relating to vents); 37 Pa. Code § 13.51 (relating to scope and application); 37 Pa. Code § 13.52 (relating to general design specifications); and 37 Pa. Code § 13.161 (relating to general provisions).
§ 13.56. Protection against corrosion.
Corrosion protection for the tank and its piping shall be provided for by one or more of the following methods:
(1) Use of protective coatings or wrappings.
(2) Cathodic protection.
(3) Corrosion resistant materials of construction.
Cross References This section cited in 37 Pa. Code § 13.8 (relating to vents); 37 Pa. Code § 13.51 (relating to scope and application); 37 Pa. Code § 13.52 (relating to general design specifications); and 37 Pa. Code § 13.161 (relating to general provisions).
§ 13.57. Valves.
Piping systems shall contain a sufficient number of valves to operate the system properly and to protect the plant. Piping systems in connection with pumps shall contain a sufficient number of valves to control properly the flow of liquid in normal operation and in the event of physical damage. Each connection to piping by which equipment such as tank cars, tank vehicles or marine vessels discharge liquids into storage tanks shall be provided with a check valve for automatic protection against back-flow if the piping arrangement is such that back-flow from the system is possible.
Source The provisions of this § 13.57 amended June 22, 1984, effective June 18, 1984, 14 Pa.B. 2131. Immediately preceding text appears at serial pages (5142) and (63490).
Cross References This section cited in 37 Pa. Code § 13.8 (relating to vents); 37 Pa. Code § 13.51 (relating to scope and application); 37 Pa. Code § 13.52 (relating to general design specifications); and 37 Pa. Code § 13.161 (relating to general provisions).
§ 13.58. Testing.
All piping before being covered, enclosed, or placed in use shall be tested hydrostatically, with air pressure, or by other methods approved by the fire marshal. If piping is tested hydrostatically, the test pressure shall be 150% of the maximum anticipated pressure of the system. If piping is tested pneumatically the test pressure shall be 110% of the maximum anticipated pressure of the system, but not less than 5 psig at the highest point of the system. A pneumatic test shall include a preliminary check at not more than 25 psig The pressure shall be increased gradually in steps providing sufficient time to allow the piping to equalize strains during the test and to check for leaks. The test shall be maintained for at least ten minutes with no drop in pressure or for sufficient time to complete visual inspection of all joints and connections.
Cross References This section cited in 37 Pa. Code § 13.8 (relating to vents); 37 Pa. Code § 13.26 (relating to testing); 37 Pa. Code § 13.51 (relating to scope and application); 37 Pa. Code § 13.52 (relating to general design specifications); and 37 Pa. Code § 13.161 (relating to general provisions).
Subchapter B. PARTICULAR ESTABLISHMENTS AND USES
BULK PLANTS Sec.
13.101. Storage.
13.102. Pumps.
13.103. Pump enclosures.
13.104. Buildings.
13.104a. Vapor processing systems.
13.105. Loading and unloading.
13.106. Electrical equipment.
13.107. Sources of ignition.
13.108. Fire control.
SERVICE STATIONS
13.111. Storage and handling.
13.112. Location of dispensing systems.
13.113. Dispensing devices.
13.113a. Vapor recovery system.
13.114. Remote or submergible pumping systems.
13.115. Attended self-service stations.
13.116. Delivery nozzles.
13.117. Supervision of dispensing.
13.118. Marine service stations.
13.118a. Aircraft service stations.
13.119. Drainage and waste disposal.
13.120. Electrical equipment.
13.121. Safety rules.
13.122. Fire extinguishers.
CENTRALIZED OIL DISTRIBUTION SYSTEMS
13.131. Scope and application.
13.132. [Reserved].
COMMERCIAL AND INDUSTRIAL ESTABLISHMENTS
13.141. Scope and application.
13.142. [Reserved].
13.143. [Reserved].
13.144. [Reserved].
13.145. [Reserved].
13.146. [Reserved].
13.147. [Reserved].
13.148. [Reserved].
PROCESSING PLANTS
13.151. Scope and application.
13.152. [Reserved].
13.153. [Reserved].
13.154. [Reserved].
13.155. [Reserved].
13.156. [Reserved].
HEATING AND POWER DEVICES
13.161. General provisions.
13.162. Oil burners.
13.163. Fire control.
BULK PLANTS
§ 13.101. Storage.
(a) Class I liquids shall be stored in closed containers or in storage tanks aboveground outside of buildings, or underground.
(b) Class II or class III liquids shall be stored in containers or in tanks within buildings, aboveground outside of buildings, or underground.
(c) Outside container storage shall be in accordance with § 13.46 (relating to storage outside of buildings).
(d) The use of an underground tank for bulk plant storage purposes in lieu of the purpose for which it was originally installed and approved, such as service station tanks, is prohibited. Exceptions will be made where the requirements of this subpart are met, that is, loading rack distance requirements to property lines and buildings, pump and daily gauging requirements, and the like, and a written approval has been issued based on proper application and drawings submitted for the use of the tank and related pumping equipment as a bulk plant.
Source The provisions of this § 13.101 amended June 22, 1984, effective June 18, 1984, 14 Pa.B. 2131. Immediately preceding text appears at serial page (63492).
§ 13.102. Pumps.
Pumps shall be of a fixed type substantially anchored or attached to a noncombustible base. Pumps shall be designed and equipped for use with flammable or combustible liquids and constructed so that no part of the system will be subjected to pressures above its allowable working pressure. Pumps, except those of submergible design, installed outside of buildings, shall be located not less than 10 feet from lines of adjoining property and not less than 5 feet from any building opening. Pumps shall be protected against physical damage. Exception: Pumps, which are an integral part of a tank vehicle which is operated and maintained in accordance with 67 Pa. Code Chapter 403 (relating to hazardous substances), may be used for handling crude oil in crude-producing areas where electrical power is impracticable and under emergency conditions such as leaking tanks, or for tank maintenance purposes. These pumps shall be provided with automatic means to prevent pressure in excess of the design working pressure of the accessories, piping and hose.
Source The provisions of this § 13.102 amended June 22, 1984, effective June 18, 1984, 14 Pa.B. 2131. Immediately preceding text appears at serial page (63492).
§ 13.103. Pump enclosures.
Construction of protective enclosures for pumping equipment shall be of noncombustible materials throughout and, adequate ventilation shall be provided for such enclosures to prevent the accumulation of flammable vapors in hazardous concentrations. Design of ventilation systems shall take into account the relatively high specific gravity of the vapors. Ventilation may be provided by adequate openings in outside walls at floor level, unobstructed except by louvers or coarse screens. When natural ventilation is impracticable, mechanical ventilation shall be provided. Mechanical systems for removing flammable vapors shall be designed, installed, and operated in accordance with approved standards.
Source The provisions of this § 13.103 amended June 22, 1984, effective June 18, 1984, 14 Pa.B. 2131. Immediately preceding text appears at serial page (63492).
§ 13.104. Buildings.
Construction, exits, heating, ventilation and fire control of buildings housing pumping equipment shall be in accordance with the requirements of the Fire and Panic Act, except in cities of the Second Class A. In cities of the Second Class A, construction, exits, heating, ventilation and fire control shall be in a manner approved by the fire marshal.
Source The provisions of this § 13.105 amended June 22, 1984, effective June 18, 1984, 14 Pa.B. 2131. Immediately preceding text appears at serial pages (63494) to (63495), and (5147).
Cross References This section cited in 37 Pa. Code § 14.7 (relating to dispensing of Class I and Class II liquids from tank vehicles).
§ 13.106. Electrical equipment.
All electrical equipment and wiring shall be of a type specified by, and shall be installed in accordance with the National Electrical Code (NFPA 701981).
Source The provisions of this § 13.106 amended June 22, 1984, effective June 18, 1984, 14 Pa.B. 2131. Immediately preceding text appears at serial pages (5147) to (5150).
§ 13.107. Sources of ignition.
(a) Class I liquids shall not be handled, drawn, nor dispensed where flammable vapors may reach a source of ignition. Smoking shall be prohibited except in designated localities. No Smoking signs shall be conspicuously posted where hazard from flammable vapors is normally present.
(b) Use of class I liquids as degreasing or cleaning agents shall be prohibited.
§ 13.108. Fire control.
(a) At least two properly maintained 20BC fire extinguishers shall be located within 75 feet of the loading rack. Additional fire protection equipment may be required by the fire marshal if a tank of more than 50,000 gallons individual capacity contains class I liquid.
(b) At remote crude storage and pumping areas a properly maintained 20BC fire extinguisher shall be available during those periods of time that the tanks or related equipment are being attended or utilized.
Source The provisions of this § 3.108 amended June 22, 1984, effective June 18, 1984, 14 Pa.B. 2131. Immediately preceding text appears at serial page (5150).
SERVICE STATIONS
§ 13.111. Storage and handling.
(a) General provisions. Storage and handling of liquids in service stations shall conform to the following:
(1) Apparatus dispensing class I liquids into the fuel tanks of motor vehicles of the public shall not be located at a bulk plant unless separated by a fence or similar barrier from the area in which bulk operations are conducted.
(2) Class I liquids, for use other than motor fuelsexcept prepackaged itemsshall be stored outside in closed containers not exceeding 60 gallons aggregate capacity or in tanks located underground. Class I liquids which are used as motor fuels shall be stored in tanks located underground, except as provided for in § 13.1(5)(h) (relating to relative location to property).
(3) Class II and class III liquids, for use other than motor fuels, may be stored outside in closed containers not exceeding 120 gallons aggregate capacity; in a single outside permanently installed aboveground storage tank not exceeding 300 gallons capacity which meets the installation requirements of § § 13.113.11 (relating to outside and aboveground storage), or in tanks located underground.
(4) Aboveground tanks located in an adjoining bulk plant may be connected by piping to service station underground tanks if, in addition to valves at aboveground tanks, valves are also installed within control of service station personnel and the vent pipes of the underground tanks are raised to a point higher than the tops of the aboveground tanks.
(b) Inside buildings. Under no circumstances shall the fuel tank of a motor vehicle be drained inside of a service station building, except when the procedure utilizes approved equipment designed specifically for draining motor vehicle fuel tanks.
(c) Labeling. Sale or purchase of flammable or combustible liquids shall not be made in containers unless the containers are clearly marked with the name of the product contained therein.
(d) Dispensing to containers.
(1) Dispensing, or permitting the dispensing of flammable or combustible liquids into portable containers is not permitted unless the container is of sound metal construction, or is of approved nonmetallic construction, has a tight closure with screwed or spring cover, and is fitted with a spout or so designed that the contents may be poured without spilling. Portable containers constructed of nonmetallic materials shall conspicuously display an embossment, by the manufacturer, of the logogram of a nationally recognized testing laboratory. Under no circumstances shall delivery of gasoline be made into glass containers.
(2) Dispensing, or permitting the dispensing of class I liquids into containers, drums or tanks which are to be transported in or on a motor vehicle, shall be limited to an aggregate maximum of 15 gallons at any one time, unless the transporting motor vehicle complies with and is operated in accordance with regulations promulgated by the Pennsylvania Department of Transportation, Hazardous Substance Division.
Source The provisions of this § 13.111 amended June 22, 1984, effective June 18, 1984, 14 Pa.B. 2131. Immediately preceding text appears at serial pages (5150) and (55333).
Cross References The provisions of this § 13.112 amended June 22, 1984, effective June 18, 1984, 14 Pa.B. 2131. Immediately preceding text appears at serial pages (55333) to (55334).
Cross References This section cited in 37 Pa. Code § 13.114 (relating to remote or submergible pumping systems).
Notes of Decisions Liability
A pump lessor who is involved in the maintenance, installation, or placement of pumps is not free from a duty of care with respect to the location of its chattels, and may be liable to injured patrons if the location of its pumps exposes patrons to an unreasonable risk of harm from passing motorists or other outside sources. Migyanko v. Thistlethwaite, 419 A.2d 12 (Pa. Super. 1980).
§ 13.113. Dispensing devices.
(a) Flammable or combustible liquids shall be transferred from tanks by means of fixed pumps substantially attached to a noncombustible base and so designed and equipped as to allow control of the flow and to prevent leakage or accidental discharge. Integral pumps attached to the tanks shall be considered as meeting this requirement. Supplemental means shall be provided outside of the dispensing device whereby the source of power may be readily disconnected in the event of fire or other accident. Dispensing devices shall be of approved type. The conversion or retrofit of a standard dispensing device for use as a special type dispenser must be done in an approved manner. Dispensing devices may be rebuilt provided replacement components are equal to the original components and are of approved type. Consoles, accuators, monitors, card readers, etc. regardless of location must be approved for use with the accompanying dispensing device. Flammable or combustible liquids shall not be dispensed by pressure or gravity from drums, barrels, and similar containers. Gear pumps or similar positive displacement devices taking suction through the top of the container shall be used. Flammable or combustible liquids shall not be dispensed by a device that operates through pressure within a storage tank.
(b) Dispensing devices, except those attached to containers, shall be mounted on a concrete island or otherwise protected against collision damage by suitable means.
(c) Satellite dispensing devices used in conjunction with master dispensing devices, such as, but not limited to, systems utilized for truck tractor refueling shall be of approved type.
(d) The use of a multi-product or multi-hose dispensing device for flammable or combustible liquids which are to be used as heating fuel is prohibited unless the entire device is used exclusively for dispensing of identical grades of heating fuel.
Source The provisions of this § 13.113 amended June 22, 1984, effective June 18, 1984, 14 Pa.B. 2131. Immediately preceding text appears at serial pages (55334) and (63496).
§ 13.113a. Vapor recovery system.
(a) Dispensing devices incorporating provisions for vapor recovery shall be approved.
(b) Existing approved dispensing devices may be modified for vapor recovery provided that the modifications made are Listed by Report by a nationally recognized testing laboratory. The Listing by Report shall contain a description of the component parts used in the modifications and the recommended method of installation on specific dispensers and it shall be made available on request to the authority having jurisdiction.
(c) Hose nozzle valves used on vapor recovery systems shall be approved.
(d) Means shall be provided in the vapor return path from each dispensing outlet to prevent the discharge of vapors when the hose nozzle valve is in its normal nondispensing position.
Source The provisions of this § 13.113a adopted July 17, 1981, effective July 18, 1981, 11 Pa.B. 2571.
Cross References The provisions of this § 13.115 amended through June 22, 1984, effective June 18, 1984, 14 Pa.B. 2131. Immediately preceding text appears at serial pages (63498) to (63499).
Cross References This section cited in 37 Pa. Code § 13.117 (relating to supervision of dispensing).
Notes of Decisions Emergency Control
The provisions of 37 Pa. Code § 13.115(c) do not require that an attendant at a self-service station be located more than 15 feet from the point of dispensing. Open Pantry Food Marts v. Commonwealth ex rel. Township of Hempfield, 391 A.2d 20 (Pa. Cmwlth. 1978).
Validity of Ordinance
A township ordinance which totally prohibits self-service stations in areas where other stations are permitted clearly creates a conflict between this regulation and the ordinance and is invalid. Sears, Roebuck and Co. v. Bensalem Township Board of Supervisors, 10 Pa. D. & C.3d 52 (1979).
§ 13.116. Delivery nozzles.
(a) Hose nozzle valves of the automatic-closing type for dispensing flammable or combustible liquids into a fuel tank or into an approved container shall be provided and be of an approved type which is manually held open during the dispensing operation except as provided in subsections (b), (c) and (d).
(b) An approved automatic-closing type nozzle with a hold-open latch is permitted on any service station dispensing device accessible to the public if all flammable or combustible liquids are dispensed by the service station attendant.
(c) When combustible liquidssuch as diesel fuelare dispensed at an attended self-service station or from a private dispensing device, such as a key or card controlled device, located at the public service area, the nozzle shall be an approved automatic-closing type with or without a hold-open latch. The use of a hold-open latch in connection with the dispensing of flammable liquids (such as gasoline) at an attended self-service station or from a private dispensing device located at the public service area is prohibited.
(d) Dispensing of flammable or combustible liquids from a dispensing device used exclusively for private dispensing purposes at a location other than at the public service area shall be through an approved automatic-closing type nozzle with or without a hold-open latch.
Source The provisions of this § 13.116 amended June 22, 1984, effective June 18, 1984, 14 Pa.B. 2131. Immediately preceding text appears at serial page (63499).
§ 13.117. Supervision of dispensing.
(a) Service stations accessible to the public shall have an attendant or supervisor on duty whenever the station is open for business. Dispensing operations shall be performed only by the attendants or supervisors except at stations approved for operation in accordance with § 13.115 (relating to attended self-service stations).
(b) Dispensing of flammable or combustible liquids at locations where the dispensing device is not open to the public does not require an attendant or supervisor. Such locations may include card or key dispensing devices.
Source The provisions of this § 13.118 amended June 22, 1984, effective June 18, 1984, 14 Pa.B. 2131. Immediately preceding text appears at serial page (63500).
§ 13.118a. Aircraft service stations.
The installation and design of aviation fuel storage tanks, pumps, piping and associated equipment (including fire extinguishing equipment) used to service aircraft from fixed equipment shall meet approved standards.
Source The provisions of this § 13.118a adopted June 22, 1984, effective June 18, 1984, 14 Pa.B. 2131.
§ 13.119. Drainage and waste disposal.
Provisions shall be made in the area where class I liquids may be spilled to prevent liquids from flowing into the interior of any buildings. Such provisions may be by grading, raising doorsills, or other effective means. Crankcase drainings and flammable or combustible liquids shall not be dumped into sewers, streams or on adjoining property, but shall be stored in containers equipped with pressure and vacuum relief with flame arresters or aboveground tanks outside of any building, or in underground tanks, until removed from the premises. Containers shall not exceed an aggregate capacity of 60 gallons. Aboveground tanks shall not exceed an aggregate capacity of 300 gallons.
Source The provisions of this § 13.119 amended June 22, 1984, effective June 18, 1984, 14 Pa.B. 2131. Immediately preceding text appears at serial pages (63500) to (63501).
§ 13.120. Electrical equipment.
(a) All electrical equipment shall conform to and be installed in accordance with applicable provisions of the National Electrical Code (NFPA 70-1981), except that dispensing equipment handling class II liquids shall be installed in the same manner as dispensing equipment handling class I liquids.
(b) Reserved.
Source The provisions of this § 13.120 amended June 22, 1984, effective June 18, 1984, 14 Pa.B. 2131. Immediately preceding text appears at serial pages (63501), and (5157) to (5158).
§ 13.121. Safety rules.
(a) There shall be no smoking on the driveway of service stations in the areas used for fueling motor vehicles, dispensing flammable antifreeze, or the receipt of products by tank truck, nor in those portions of the building used for servicing automobiles, tractors, or internal combustion engines. Conspicuous signs prohibiting smoking shall be posted within the sight of the customer being served. The motors of all vehicles being fueled shall be shut off during the fueling operation.
(b) Use of class I liquids at service stations and garages as degreasing or cleaning agents shall be prohibited.
§ 13.122. Fire extinguishers.
There shall be at least one readily accessible and properly maintained 10BC fire extinguisher at each service station. The fire marshal may require additional approved fire extinguishers if warranted.
Source The provisions of this § 13.122 amended June 22, 1984, effective June 18, 1984, 14 Pa.B. 2131. Immediately preceding text appears at serial page (5158).
CENTRALIZED OIL DISTRIBUTION SYSTEMS
§ 13.131. Scope and application.
A centralized oil distribution system shall be installed, maintained and operated in a manner approved by the fire marshal.
Source The provisions of this § 13.131 amended June 22, 1984, effective June 18, 1984, 14 Pa.B. 2131. Immediately preceding text appears at serial page (5159).
Cross References This section cited in 37 Pa. Code § 13.161 (relating to general provisions).
§ 13.132. [Reserved].
Source The provisions of this § 13.132 reserved June 22, 1984, effective June 18, 1984, 14 Pa.B. 2131. Immediately preceding text appears at serial page (5160).
COMMERCIAL AND INDUSTRIAL ESTABLISHMENTS
§ 13.141. Scope and application.
(a) [Reserved].
(b) Outside storage, handling, and use of flammable or combustible liquids shall conform to the applicable provisions set forth in § § 13.113.11, 13.2113.26, and 13.4113.46 (relating to outside and aboveground storage; underground storage; and closed containers, respectively).
(c) Fire Controloutside storage. Fire control equipment such as, but not limited to, portable fire extinguishers and control equipment, water in sufficient volume and pressure to accommodate water hose streams and foam producing equipment, and the like, and special equipment utilizing foam, inert gas or dry chemicals shall be provided in a manner approved by the fire marshal.
Source The provisions of this § 13.141 amended through October 5, 1984, effective October 6, 1984, 14 Pa.B. 3624. Immediately preceding text appears at serial page (90136).
Cross References This section cited in 37 Pa. Code § 13.32 (relating to class I liquids).
§ 13.142. [Reserved].
Source The provisions of this § 13.142 reserved June 22, 1984, effective June 18, 1984, 14 Pa.B. 2131. Immediately preceding text appears at serial pages (5161) to (5162).
§ 13.143. [Reserved].
Source The provisions of this § 13.143 reserved June 22, 1984, effective June 18, 1984, 14 Pa.B. 2131. Immediately preceding text appears at serial page (5162).
§ 13.144. [Reserved].
Source The provisions of this § 13.144 reserved June 22, 1984, effective June 18, 1984, 14 Pa.B. 2131. Immediately preceding text appears at serial page (5163).
§ 13.145. [Reserved].
Source The provisions of this § 13.145 reserved June 22, 1984, effective June 18, 1984, 14 Pa.B. 2131. Immediately preceding text appears at serial page (5163).
§ 13.146. [Reserved].
Source The provisions of this § 13.146 reserved June 22, 1984, effective June 18, 1984, 14 Pa.B. 2131. Immediately preceding text appears at serial pages (5163) to (5164).
§ 13.147. [Reserved].
Source The provisions of this § 13.147 reserved June 22, 1984, effective June 18, 1984, 14 Pa.B. 2131. Immediately preceding text appears at serial page (5164).
§ 13.148. [Reserved].
Source The provisions of this § 13.148 reserved June 22, 1984, effective June 18, 1984, 14 Pa.B. 2131. Immediately preceding text appears at serial pages (5164).
PROCESSING PLANTS
§ 13.151. Scope and application.
(a) Outside storage. Outside storage, handling, and use of flammable or combustible liquids shall conform to § § 13.113.11, 13.2113.26, and 13.4113.46 (relating to outside and aboveground storage; underground storage; and closed containers, respectively).
(b) Fire controloutside storage. Fire control equipment such as, but not limited to, portable fire extinguishers and control equipment, water in sufficient volume and pressure to accommodate water hose streams and foam producing equipment, and the like and special equipment utilizing foam, inert gas or dry chemicals shall be provided in the manner approved by the fire marshal.
Source The provisions of this § 13.151 amended June 22, 1984, effective June 18, 1984, 14 Pa.B. 2131. Immediately preceding text appears at serial page (5165).
Cross References This section cited in 37 Pa. Code § 13.32 (relating to class I liquids).
§ 13.152. [Reserved].
Source The provisions of this § 13.152 reserved June 22, 1984, effective June 18, 1984, 14 Pa.B. 2131. Immediately preceding text appears at serial pages (5165) to (5166).
§ 13.153. [Reserved].
Source The provisions of this § 13.153 reserved June 22, 1984, effective June 18, 1984, 14 Pa.B. 2131. Immediately preceding text appears at serial pages (5166).
§ 13.154. [Reserved].
Source The provisions of this § 13.154 reserved June 22, 1984, effective June 18, 1984, 14 Pa.B. 2131. Immediately preceding text appears at serial pages (5166) to (5167).
§ 13.155. [Reserved].
Source The provisions of this § 13.155 reserved June 22, 1984, effective June 18, 1984, 14 Pa.B. 2131. Immediately preceding text appears at serial page (5167).
§ 13.156. [Reserved].
Source The provisions of this § 13.156 reserved June 22, 1984, effective June 18, 1984, 14 Pa.B. 2131. Immediately preceding text appears at serial page (5167).
HEATING AND POWER DEVICES
§ 13.161. General provisions.
(a) Storage. Flammable or combustible liquids supplying heating or power devices by means of piping shall be stored in accordance with § § 13.113.11, 13.2113.26, 13.3113.38, 13.5113.58 and 13.131 (relating to outside and aboveground storage; underground storage; inside building storage; piping, valves, and fittings; and centralized oil distribution systems, respectively).
(b) Approval. Approval shall not be required for domestic fuel oil heating systems where the capacity of any individual supply tank does not exceed 3,000 gallons.
(c) Materials. Materials for piping (including vents and fills), valves and fittings used with supply tanks, shall conform with § 13.53 (relating to materials). The aboveground use of any material, such as plastic, that softens on fire exposure is prohibited.
(d) Where the installation of a supply tank is made in such a manner that the supply piping drops below the top of the tank, adequate provisions to prevent siphoning shall be provided.
Source The provisions of this § 13.161 amended June 22, 1984, effective June 18, 1984, 14 Pa.B. 2131. Immediately preceding text appears at serial page (5168).
Cross References This section cited in 37 Pa. Code § 11.3 (relating to scope of approval required); 37 Pa. Code § 13.44 (relating to manner and limitations of storage); and 37 Pa. Code § 14.8 (relating to fuel tanks for heating and power devices).
§ 13.162. Oil burners.
Heating and other devices using oil burners, including all accessories thereto, shall be installed, maintained, and operated in accordance with approved standards.
Source The provisions of this § 13.162 amended June 22, 1984, effective June 18, 1984, 14 Pa.B. 2131. Immediately preceding text appears at serial page (5168).
§ 13.163. Fire control.
Approved fire-extinguishers may be required by the fire marshal.
Source The provisions of this § 13.163 amended June 22, 1984, effective June 18, 1984, 14 Pa.B. 2131. Immediately preceding text appears at serial page (5168).
Subchapter C. SPECIAL PROVISIONS AND PROCEDURES
PROTECTION OF TANKS IN FLOOD AREAS Sec.
13.211. Scope.
13.212. Aboveground tanks.
13.213. Underground tanks.
13.214. Water loading.
13.215. Operating instructions.
13.216. [Reserved].
13.217. [Reserved].
PROCEDURE FOR REMOVAL OR ABANDONMENT OF TANKS
13.221. Tanks temporarily out of service.
13.222. Underground tanks.
13.223. [Reserved].
13.224. [Reserved].
13.225. [Reserved].
13.226. Aboveground tanks.
PROTECTION OF TANKS IN FLOOD AREAS
§ 13.211. Scope.
The provisions of § § 13.21113.217 (relating to protection of tanks in flood areas) apply for the protection of tanks containing flammable or combustible liquids that may become buoyant due to a rise in the level of the water table or due to their location in an area that may be subjected to flooding.
Cross References The provisions of this § 13.212 amended June 22, 1984, effective June 18, 1984, 14 Pa.B. 2131. Immediately preceding text appears at serial pages (5169) to (5170).
Cross References This section cited in 37 Pa. Code § 13.4 (relating to anchorage); 37 Pa. Code § 13.23 (relating to anchorage); and 37 Pa. Code § 13.211 (relating to scope).
§ 13.213. Underground tanks.
(a) At locations where there is an ample and dependable water supply available, underground tanks containing flammable or combustible liquids, so placed that more than 70% of their storage capacity will be submerged at the maximum flood stage, shall be so anchored, weighted or secured as to prevent movement when filled or loaded with water and submerged by flood water to the established flood stage. Tank vents or other openings which are not liquid tight shall be extended above maximum flood stage water level.
(b) At locations where there is no ample and dependable water supply or where filling of underground tanks with water is impractical because of the contents, each tank shall be safeguarded against movement when empty, and submerged by high ground water or flood water by anchoring or by securing by other means. Each such tank shall be so constructed and installed that it will safely resist external pressures if submerged.
Source The provisions of this § 13.213 amended June 22, 1984, effective June 18, 1984, 14 Pa.B. 2131. Immediately preceding text appears at serial pages (5170) to (5171).
Cross References This section cited in 37 Pa. Code § 13.4 (relating to anchorage); 37 Pa. Code § 13.23 (relating to anchorage); and 37 Pa. Code § 13.211 (relating to scope).
§ 13.214. Water loading.
The filling of a tank to be protected by water loading shall be started as soon as flood waters are predicted to reach a dangerous flood stage. Where independently fueled water pumps are relied upon, sufficient fuel shall be available at all times to permit continuing operations until all tanks are filled. Tank valves shall be closed and locked in closed position when water loading has been completed.
Source The provisions of this § 13.214 amended June 22, 1984, effective June 18, 1984, 14 Pa.B. 2131. Immediately preceding text appears at serial page (5171).
Cross References This section cited in 37 Pa. Code § 13.4 (relating to anchorage); 37 Pa. Code § 13.23 (relating to anchorage); and 37 Pa. Code § 13.211 (relating to scope).
§ 13.215. Operating instructions.
(a) Operating instructions or procedures to be followed in a flood emergency shall be readily available.
(b) Personnel relied upon to carry out flood emergency procedures shall be informed of the location and operation of valves and other equipment necessary to effect the intent of these requirements.
Source The provisions of this § 13.215 amended June 22, 1984, effective June 18, 1984, 14 Pa.B. 2131. Immediately preceding text appears at serial pages (5171) to (5172).
Cross References This section cited in 37 Pa. Code § 13.4 (relating to anchorage); 37 Pa. Code § 13.23 (relating to anchorage); and 37 Pa. Code § 13.211 (relating to scope).
§ 13.216. [Reserved].
Source The provisions of this § 13.216 reserved June 22, 1984, effective June 18, 1984, 14 Pa.B. 2131. Immediately preceding text appears at serial page (5172).
Cross References This section cited in 37 Pa. Code § 13.4 (relating to anchorage); 37 Pa. Code § 13.23 (relating to anchorage); and 37 Pa. Code § 13.211 (relating to scope).
§ 13.217. [Reserved].
Source The provisions of this § 13.217 reserved June 22, 1984, effective June 18, 1984, 14 Pa.B. 2131. Immediately preceding text appears at serial pages (5172) to (5173).
Cross References This section cited in 37 Pa. Code § 13.4 (relating to anchorage); 37 Pa. Code § 13.23 (relating to anchorage); and 37 Pa. Code § 13.211 (relating to scope).
PROCEDURE FOR REMOVAL OR ABANDONMENT OF TANKS
§ 13.221. Tanks temporarily out of service.
(a) If an underground tank is taken out of service for a period of 3 months or less, the following procedures apply:
(1) Remove all liquid that can be pumped out with the service pump.
(2) Cap the fill line, gauge opening, and pump suction, and secure against tampering.
(3) Leave the vent line open.
(b) If an underground tank is taken out of service for a period exceeding 3 months, the fire marshal shall be notified and the following procedures apply:
(1) Comply with the requirements of subsection (a), except that all flammable or combustible liquids shall be removed and the tank completely filled with water. Note that the owner is responsible for ensuring that the tank remains completely filled with water until such time as it is returned to service, removed or abandoned in place.
(2) Comply with § 13.27 (relating to leaking underground tanks) in cases of tanks that are leaking or incapable of maintaining full capacity of water.
Source The provisions of this § 13.221 amended June 22, 1984, effective June 18, 1984, 14 Pa.B. 2131. Immediately preceding text appears at serial page (5173).
Cross References The provisions of this § 13.222 amended June 22, 1984, effective June 18, 1984, 14 Pa.B. 2131. Immediately preceding text appears at serial pages (5173) to (5174).
Cross References This section cited in 37 Pa. Code § 13.27 (relating to leaking underground tanks).
§ 13.223. [Reserved].
Source The provisions of this § 13.223 reserved June 22, 1984, effective June 18, 1984, 14 Pa.B. 2131. Immediately preceding text appears at serial page (5174).
§ 13.224. [Reserved].
Source The provisions of this § 13.224 reserved June 22, 1984, effective June 18, 1984, 14 Pa.B. 2131. Immediately preceding text appears at serial page (5174).
§ 13.225. [Reserved].
Source The provisions of this § 13.225 reserved June 22, 1984, effective June 18, 1984, 14 Pa.B. 2131. Immediately preceding text appears at serial pages (5174) and (28683).
§ 13.226. Aboveground tanks.
The fire marshal shall be notified when an aboveground tank is to be abandoned. Additionally, the tank shall be emptied of all product, cleaned and gas freed. All tank valves and piping shall be secured. The fire marshal may require dismantling of the tank.
Source The provisions of this § 13.226 amended June 22, 1984, effective June 18, 1984, 14 Pa.B. 2131. Immediately preceding text appears at serial page (28683).
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