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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).
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