PRIOR PRINTER'S NOS. 628, 1508, 2012, PRINTER'S NO. 2771
2360, 2443, 2471, 2689
No. 440 Session of 1997
INTRODUCED BY PIPPY, TULLI, BARLEY, FARGO, SATHER, HARHART,
STEIL, BATTISTO, DeLUCA, D. W. SNYDER, DENT, HERMAN,
YOUNGBLOOD, LYNCH, TRELLO, HENNESSEY, TIGUE, CORNELL,
E. Z. TAYLOR, RAYMOND, WILT, CORRIGAN, PETTIT, FLICK, ROSS
AND BARD, FEBRUARY 13, 1997
AMENDMENTS TO SENATE AMENDMENTS, HOUSE OF REPRESENTATIVES,
JANUARY 20, 1998
AN ACT
1 Providing for the regulation of combustible and flammable
2 liquids; allocating functions of the Department of Labor and
3 Industry and the Pennsylvania State Police; imposing
4 penalties; and making repeals.
5 The General Assembly of the Commonwealth of Pennsylvania
6 hereby enacts as follows:
7 Section 1. Short title.
8 This act shall be known and may be cited as the Combustible
9 and Flammable Liquids Act.
10 Section 2. Definitions.
11 The following words and phrases when used in this act shall
12 have the meanings given to them in this section unless the
13 context clearly indicates otherwise:
14 "Board." The Industrial Board of the Commonwealth.
15 "Combustible liquid." A liquid having a closed cup flash
16 point at or above 100 degrees F (37.8 degrees C).
1 "Department." The Department of Labor and Industry of the
2 Commonwealth.
3 "Flammable liquid." A liquid having a closed cup flash point
4 below 100 degrees F (37.8 degrees C) and having a vapor pressure
5 not exceeding 40 pounds per square inch, absolute (2068
6 millimeters hg) at 100 degrees F (37.8 degrees C).
7 "Person." Any individual, corporation or partnership.
8 "Retail service station." A place of business engaging in
9 the sale at retail in this Commonwealth of gasoline, diesel fuel
10 or kerosene.
11 "Storage tank." A vessel which:
12 (1) has a liquid capacity in excess of 30 gallons (113.5
13 liters);
14 (2) is intended for fixed installation; and
15 (3) is not used for processing which shall be deemed to
16 include, but not be limited to, use of tanks to separate
17 crude oil and water prior to and at the point of crude oil
18 custody transfer.
19 Section 3. Transfer of functions.
20 The powers and duties of the Pennsylvania State Police
21 relating to combustible liquids or flammable liquids under the
22 act of April 27, 1927 (P.L.450, No.291), referred to as the
23 State Fire Marshal Law, are transferred to the department.
24 Section 4. Regulations.
25 (a) Authority.--
26 (1) The department may promulgate regulations governing
27 the possession, use, storage and sale of combustible liquids
28 or flammable liquids. Regulations under this paragraph must
29 be based upon generally accepted national or international
30 standards.
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1 (2) To provide standards for the storage and dispensing
2 of compressed natural gas as a vehicular fuel in fleet and
3 public dispensing operations, the department shall promulgate
4 regulations which adopt the National Fire Protection
5 Association Standard for Compressed Natural Gas Vehicular
6 Fuel systems (NFPA 52), excluding provisions on engine fuel
7 systems.
8 (b) Existing regulations.--Until modified or deleted by the
9 department, 37 Pa. Code Chs. 11 (relating to preliminary
10 provisions) and 13 (relating to storage and use) shall be deemed
11 regulations of the department under this section.
12 Section 5. Permits.
13 (a) Requirements.--
14 (1) A person may not install, replace or relocate a
15 tank, pump or drawing-off device, in connection with the
16 possession, use, storage or sale of combustible liquids or
17 flammable liquids in an aggregate capacity in excess of 30
18 gallons, unless the person has a permit from the department.
19 (2) A person may not install, replace or relocate a
20 container, pressure vessel or piece of compression equipment,
21 for the storage and dispensing of compressed natural gas as a
22 vehicular fuel in fleet and public dispensing operations,
23 unless the person has a permit from the department.
24 (b) Procedure.--
25 (1) To receive or renew a permit under this section, an
26 applicant must submit an application in a form prescribed by
27 the department.
28 (2) The department shall make a decision on permit
29 issuance based upon the applicant's ability to safely handle
30 combustible liquids or flammable liquids in accordance with
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1 regulations under section 4.
2 (3) An applicant may appeal a denial of permit issuance
3 under paragraph (2) to the board. The board's affirmance of a
4 denial constitutes a final order. This paragraph is subject
5 to 2 Pa.C.S. Ch. 5 Subch. A (relating to practice and
6 procedure of Commonwealth agencies) and Ch. 7 Subch. A
7 (relating to judicial review of Commonwealth agency action).
8 Section 6. Fees, fines and interest. <--
9 (a) Fee amount.--The department shall collect a fee of $75
10 for a permit to install, replace or relocate issued under
11 section 5.
12 (b) Revision of fees.--The department may revise the fees
13 established in subsection (a) by regulation. Any revision of the
14 fees shall be based on the costs incurred by the department in
15 the inspection of combustible liquid or flammable liquid use,
16 sale and storage and keeping and in the administration and
17 enforcement of this act.
18 SECTION 6. FEES. <--
19 THE DEPARTMENT SHALL COLLECT A FEE OF $75 FOR A PERMIT ISSUED
20 UNDER SECTION 5.
21 Section 7. Retail service stations.
22 (a) Kerosene.--At a retail service station, the intake or
23 receiving pipe opening for a kerosene storage tank shall be
24 smaller than the nozzle on the hose used to deliver gasoline or
25 diesel fuel into the storage tank.
26 (b) Self-service.--An attended self-service gasoline station
27 may use a hold-open gasoline dispensing nozzle if all of the
28 following are met:
29 (1) The nozzle meets safety standards adopted by
30 regulation of the department.
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1 (2) A sign is posted indicating that any person, other
2 than the attendant, who uses a hold-open gasoline dispensing
3 nozzle shall remain at the refueling point during the
4 refueling operation.
5 Section 8. Investigation.
6 (a) Regulated persons.--An agent or employee of the
7 department may enter, during normal business hours, the premises
8 of any applicant or permittee to do any of the following:
9 (1) Make determinations under section 5(b)(2).
10 (2) Ascertain violations of this act and regulations
11 promulgated under this act.
12 (3) Inspect tanks, pumps, drawing-off devices,
13 containers, pressure vessels or compression equipment to
14 assure compliance with this act and regulations promulgated
15 under this act.
16 (b) General.--The department is authorized to investigate
17 violations of this act and regulations under this act. This
18 includes seeking search warrants.
19 Section 9. Orders.
20 (a) Authority.--An agent or employee of the department may,
21 upon discovering a violation of this act or a regulation under
22 this act, issue an order to place a tank, pump or drawing-off
23 device out of service. An order under this section must comply
24 with all of the following:
25 (1) Be in writing.
26 (2) State the corrective action necessary.
27 (b) Appeal.--
28 (1) A person may appeal to the board the issuance of an
29 order under subsection (a). The appeal shall not operate as a
30 supersedeas.
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1 (2) This subsection is subject to 2 Pa.C.S. Ch. 5 Subch.
2 A (relating to practice and procedure of Commonwealth
3 agencies) and Ch. 7 Subch. A (relating to judicial review of
4 Commonwealth agency action).
5 Section 10. Prohibitions.
6 A person may not do any of the following:
7 (1) Hinder, delay or interfere with the department's
8 enforcement of this act or regulations promulgated under this
9 act.
10 (2) Fail to place out of service, in accordance with an
11 order of the department, a tank, pump or drawing-off device,
12 for the possession, use, storage or sale of combustible
13 liquids or flammable liquids.
14 (3) Cause or permit a delivery or acceptance of fuel
15 into a kerosene storage tank in violation of section 7(a).
16 Each delivery or acceptance constitutes a separate offense.
17 Section 11. Penalties.
18 (a) Initial offense.--A person that violates this act or a
19 regulation under this act commits a summary offense and shall,
20 upon conviction, be sentenced to pay a fine of $500.
21 (b) Subsequent offenses.--A person that, after being
22 sentenced under subsection (a), violates this act or a
23 regulation under this act commits a summary offense and shall,
24 upon conviction, be sentenced to pay a fine of $1,000.
25 Section 12. Applicability.
26 This act shall not apply to the possession, use or storage by
27 a farm of any motor fuel for noncommercial purposes or any
28 substance to facilitate the production of crops, livestock and
29 livestock products. This act shall not apply to any tank in
30 which such motor fuel or substance is stored by a farm.
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1 Section 13. Repeals.
2 Sections 1(b) and (c) and 4.1 of the act of April 27, 1927
3 (P.L.450, No.291), referred to as the State Fire Marshal Law,
4 are repealed.
5 Section 14. Effective date.
6 This act shall take effect in 60 days.
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