HOUSE AMENDED
        PRIOR PRINTER'S NOS. 842, 1200                PRINTER'S NO. 2076

THE GENERAL ASSEMBLY OF PENNSYLVANIA


SENATE BILL

No. 738 Session of 1987


        INTRODUCED BY BELL, APRIL 21, 1987

        AS REPORTED FROM COMMITTEE ON CONSUMER AFFAIRS, HOUSE OF
           REPRESENTATIVES, AS AMENDED, MAY 23, 1988

                                     AN ACT

     1  Amending the act of April 27, 1927 (P.L.450, No.291), entitled,
     2     as amended, "An act relating to fires and fire prevention;
     3     imposing duties and conferring powers upon the Pennsylvania
     4     State Police; authorizing the appointment of the chiefs of
     5     fire departments and certain public officers and others as
     6     assistants to the Pennsylvania State Police, and defining
     7     their powers and duties; providing for the investigation of
     8     the cause, origin, and circumstance of fires and the
     9     inspection of all, and the removal or change of, certain
    10     buildings by owners and occupants thereof, including
    11     political subdivisions; imposing duties on school authorities
    12     and on certain corporations, associations, and fire rating
    13     agencies; providing for the attendance of witnesses before
    14     the Pennsylvania State Police, and the enforcement of its
    15     orders; and prescribing penalties," providing for the
    16     delivery of fuels to retail service stations; and imposing
    17     penalties.

    18     The General Assembly of the Commonwealth of Pennsylvania
    19  hereby enacts as follows:
    20     Section 1.  The act of April 27, 1927 (P.L.450, No.291),
    21  referred to as the State Fire Marshal Law, is amended by adding
    22  a section to read:
    23     Section 4.1.  (a)  The intake or receiving pipe opening for
    24  kerosene storage tanks shall be smaller than the nozzle on a

     1  hose used to deliver gasoline or diesel fuel into storage tanks
     2  at retail service stations.
     3     (b)  A person who fails to comply with the provisions of this
     4  section commits a summary offense and shall, upon conviction,
     5  for the first offense be sentenced to pay a fine not exceeding
     6  one hundred dollars and for a second and each subsequent offense
     7  be sentenced to pay a fine not exceeding three hundred dollars.
     8  Each delivery or acceptance of a fuel into a kerosene storage
     9  tank in violation of this section shall constitute a separate
    10  offense.
    11     (c)  As used in this section, the following words and phrases
    12  shall have the meanings given to them in this subsection unless
    13  the context clearly indicates otherwise:
    14     "Retail service station."  Any place of business engaging in
    15  the sale of gasoline, diesel fuel or kerosene at retail in this
    16  Commonwealth.
    17     "Storage tank."  Any storage receptacle used to hold
    18  gasoline, diesel fuel or kerosene for sale at retail in this
    19  Commonwealth.
    20     Section 2.  This act shall take effect January 1, 1988 1989.   <--







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