PRIOR PRINTER'S NO. 842 PRINTER'S NO. 1200
No. 738 Session of 1987
INTRODUCED BY BELL, APRIL 21, 1987
AS AMENDED ON THIRD CONSIDERATION, JUNE 23, 1987
AN ACT
1 Requiring that trucks delivering gasoline, diesel fuel or <--
2 kerosene and storage tanks receiving such fuels be equipped
3 with certain devices; and providing penalties.
4 AMENDING THE ACT OF APRIL 27, 1927 (P.L.450, NO.291), ENTITLED, <--
5 AS AMENDED, "AN ACT RELATING TO FIRES AND FIRE PREVENTION;
6 IMPOSING DUTIES AND CONFERRING POWERS UPON THE PENNSYLVANIA
7 STATE POLICE; AUTHORIZING THE APPOINTMENT OF THE CHIEFS OF
8 FIRE DEPARTMENTS AND CERTAIN PUBLIC OFFICERS AND OTHERS AS
9 ASSISTANTS TO THE PENNSYLVANIA STATE POLICE, AND DEFINING
10 THEIR POWERS AND DUTIES; PROVIDING FOR THE INVESTIGATION OF
11 THE CAUSE, ORIGIN, AND CIRCUMSTANCE OF FIRES AND THE
12 INSPECTION OF ALL, AND THE REMOVAL OR CHANGE OF, CERTAIN
13 BUILDINGS BY OWNERS AND OCCUPANTS THEREOF, INCLUDING
14 POLITICAL SUBDIVISIONS; IMPOSING DUTIES ON SCHOOL AUTHORITIES
15 AND ON CERTAIN CORPORATIONS, ASSOCIATIONS, AND FIRE RATING
16 AGENCIES; PROVIDING FOR THE ATTENDANCE OF WITNESSES BEFORE
17 THE PENNSYLVANIA STATE POLICE, AND THE ENFORCEMENT OF ITS
18 ORDERS; AND PRESCRIBING PENALTIES," PROVIDING FOR THE
19 DELIVERY OF FUELS TO RETAIL SERVICE STATIONS; AND IMPOSING
20 PENALTIES.
21 The General Assembly of the Commonwealth of Pennsylvania
22 hereby enacts as follows:
23 Section 1. Trucks delivering gasoline, diesel fuel or kerosene. <--
24 A truck which delivers gasoline, diesel fuel or kerosene to a
25 retail service station shall be so equipped that the nozzle on
26 the hose through which the gasoline, diesel fuel or kerosene is
1 transferred from the truck into the storage tank is, for each
2 type of fuel, of a size or design that will permit only
3 gasoline, diesel fuel or kerosene to be transferred into the
4 storage tank and will prevent the transfer of either of the
5 other types of fuel into the storage tank.
6 Section 2. Storage tanks at retail service stations.
7 The receiving pipes on tanks used by retail service stations
8 for the storage of gasoline, diesel fuel or kerosene shall be
9 equipped with such adaptors as may be necessary to ensure that a
10 storage tank will accept only gasoline, diesel fuel or kerosene
11 from the truck delivering the fuel, and will prevent the
12 acceptance of either of the other types of fuel.
13 Section 3. Rules and regulations.
14 The Pennsylvania State Police shall adopt regulations
15 specifying the types of nozzles for hoses and adaptors for fuel
16 storage tanks which will comply with the provisions of this act.
17 If it is determined by the Pennsylvania State Police that the
18 purpose of this act, that being to prevent a type of fuel from
19 entering the wrong storage tank, can be accomplished solely by
20 devices on trucks delivering gasoline, diesel fuel or kerosene,
21 or solely by devices on storage tanks receiving such fuels, the
22 Pennsylvania State Police may, by regulation, so limit the
23 application of this act.
24 Section 4. Penalty.
25 A person who fails to comply with the provisions of this act
26 commits a summary offense and shall, upon conviction, for the
27 first offense be sentenced to pay a fine not exceeding $100 and
28 for a second and each subsequent offense be sentenced to pay a
29 fine not exceeding $300. Each delivery or acceptance of a fuel
30 into a storage tank without a nozzle or adaptor as required by
19870S0738B1200 - 2 -
1 this act or by regulations promulgated under this act
2 constitutes a separate offense.
3 Section 5. Effective date.
4 This act shall take effect as follows:
5 (1) Section 3 of this act shall take effect immediately.
6 (2) The remainder of this act shall take effect January
7 1, 1988.
8 SECTION 1. THE ACT OF APRIL 27, 1927 (P.L.450, NO.291), <--
9 REFERRED TO AS THE STATE FIRE MARSHAL LAW, IS AMENDED BY ADDING
10 A SECTION TO READ:
11 SECTION 4.1. (A) THE INTAKE OR RECEIVING PIPE OPENING FOR
12 KEROSENE STORAGE TANKS SHALL BE SMALLER THAN THE NOZZLE ON A
13 HOSE USED TO DELIVER GASOLINE OR DIESEL FUEL INTO STORAGE TANKS
14 AT RETAIL SERVICE STATIONS.
15 (B) A PERSON WHO FAILS TO COMPLY WITH THE PROVISIONS OF THIS
16 SECTION COMMITS A SUMMARY OFFENSE AND SHALL, UPON CONVICTION,
17 FOR THE FIRST OFFENSE BE SENTENCED TO PAY A FINE NOT EXCEEDING
18 ONE HUNDRED DOLLARS AND FOR A SECOND AND EACH SUBSEQUENT OFFENSE
19 BE SENTENCED TO PAY A FINE NOT EXCEEDING THREE HUNDRED DOLLARS.
20 EACH DELIVERY OR ACCEPTANCE OF A FUEL INTO A KEROSENE STORAGE
21 TANK IN VIOLATION OF THIS SECTION SHALL CONSTITUTE A SEPARATE
22 OFFENSE.
23 (C) AS USED IN THIS SECTION, THE FOLLOWING WORDS AND PHRASES
24 SHALL HAVE THE MEANINGS GIVEN TO THEM IN THIS SUBSECTION UNLESS
25 THE CONTEXT CLEARLY INDICATES OTHERWISE:
26 "RETAIL SERVICE STATION." ANY PLACE OF BUSINESS ENGAGING IN
27 THE SALE OF GASOLINE, DIESEL FUEL OR KEROSENE AT RETAIL IN THIS
28 COMMONWEALTH.
29 "STORAGE TANK." ANY STORAGE RECEPTACLE USED TO HOLD
30 GASOLINE, DIESEL FUEL OR KEROSENE FOR SALE AT RETAIL IN THIS
19870S0738B1200 - 3 -
1 COMMONWEALTH.
2 SECTION 2. THIS ACT SHALL TAKE EFFECT JANUARY 1, 1988.
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