THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

INTRODUCED BY SOLOBAY, MELIO, CALTAGIRONE, D. COSTA, DEASY, GINGRICH, GRUCELA, HELM, HORNAMAN, HOUGHTON, KORTZ, KULA, MAHONEY, MURPHY, MURT, READSHAW, SIPTROTH, THOMAS, YOUNGBLOOD, BRIGGS AND FARRY, JUNE 24, 2009

AS AMENDED ON SECOND CONSIDERATION, HOUSE OF REPRESENTATIVES, SEPTEMBER 28, 2010   

AN ACT

Amending the act of February 11, 1998 (P.L.58, No.15), entitled

"An act providing for the regulation of combustible and

flammable liquids; allocating functions of the Department of

Labor and Industry and the Pennsylvania State Police;

imposing penalties; and making repeals," further providing

for regulations and for prohibitions.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  Section 4 of the act of February 11, 1998

(P.L.58, No.15), known as the Combustible and Flammable Liquids

Act, amended October 18, 2000 (P.L.574, No.74), is amended to

read:

Section 4.  Regulations.

(a)  Authority.--

(1)  The department may promulgate regulations governing

the possession, use, storage and sale of combustible liquids

or flammable liquids. Regulations under this paragraph must

be based upon generally accepted national or international

standards, except that regulations providing for emergency

controls, including switches, shall be based upon subsection

(c).

(2)  To provide standards for the storage and dispensing

of compressed natural gas as a vehicular fuel in fleet and

public dispensing operations, the department shall promulgate

regulations which adopt the National Fire Protection

Association Standard for Compressed Natural Gas Vehicular

Fuel systems (NFPA 52), excluding provisions on engine fuel

systems.

(b)  Existing regulations.--Until modified or deleted by the

department, 37 Pa. Code Chs. 11 (relating to preliminary

provisions) and 13 (relating to storage and use) shall be deemed

regulations of the department under this section.

[(c)  Emergency controls.--The department shall require

emergency controls, including a main power shut-off switch or

switches, at self-service gasoline stations. Emergency controls

shall be independent of the approved special dispensing devices

and control equipment. Emergency controls and switches shall be

installed at an accessible location not more than 15 feet from

the principal control location of the attendant and not more

than 125 feet from the farthest self-service dispensing device.

Use of the emergency controls, including the main power shut-off

switch or switches, to control the dispensing devices in other

than an emergency shall be prohibited.]

(c.1)  Emergency controls and electrical disconnects.--

(1)  Fuel dispensing systems shall be provided with one

or more clearly identified emergency shut-off devices or

electrical disconnects. Such devices or disconnects shall be

installed in approved locations not less than 20 feet or more

than 100 feet from the fuel dispensing devices that they

serve. The farthest fuel dispensing device shall be no more

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than 200 feet from the master control emergency shut-off

device. Emergency shut-off devices or electrical disconnects

shall disconnect power to:

(i)  All dispensing devices.

(ii)  All remote pumps serving the dispensing

devices.

(iii)  All associated power, control and signal

circuits.

(iv)  All other electrical equipment in hazardous or

classified locations surrounding the fuel dispensing

devices.

(2)  When more than one emergency shut-off device or

electrical disconnect is provided, all devices shall be

interconnected. Resetting from an emergency shut-off

condition shall require manual intervention and the manner of

resetting shall be approved by the authority having

jurisdiction.

(3)  There shall be a master control emergency shut-off

device, and such device shall be within 15 feet of the

principal location of the attendant.

(4)  At attended motor fuel dispensing facilities, the

devices or disconnects shall be readily accessible to the

attendant.

(5)  At unattended motor fuel dispensing facilities, the

devices or disconnects shall be readily accessible to

patrons, and at least one additional device or disconnect

shall be readily accessible to each group of dispensing

devices on an individual island.

(6)  Each fuel dispensing device shall be in clear view

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of the attendant at all times. The dispensing of fuel at each

fuel dispensing device shall be in clear view of the

attendant and no obstacle shall be permitted between the

dispensing operation and the attendant so as to obstruct the

view of the attendant.

(d)  Operating requirements for attended self-service motor

fuel dispensing facilities.--

(1)  There shall be at least one attendant on duty while

a self-service motor fuel dispensing facility is open for

business. The attendant's primary function shall be to

supervise, observe and control the dispensing of Class I

liquids while the Class I liquids are being dispensed.

(2)  As used in this subsection, a "self-service motor

fuel dispensing facility" shall mean that portion of a

property where liquids used as motor fuels are stored and

dispensed from fixed, approved dispensing equipment into the

fuel tanks of motor vehicles by persons other than the

facility attendant and shall also include, where provided,

facilities for the sale of other retail products.

(e)  Attendant responsibilities.--It shall be the

responsibility of an attendant to:

(1)  Ensure the dispensing of Class I liquids into

portable containers as provided for in section (7)(c).

(2)  Ensure the use of hose nozzle valve latch-open

devices as provided for in section (7)(b).

(3)  Control sources of ignition.

(4)  Immediately activate emergency controls and notify

the fire department of any fire or other emergency.

(5)  Handle accidental spills and fire extinguishers if

needed.

(f)  Capabilities.--The attendant or supervisor on duty shall

be mentally and physically capable of performing the functions

and assuming the responsibility prescribed in this act.

(g)  Operating instructions.--Operating instructions shall be

conspicuously posted in the dispensing area.

(h)  Applicability.--Subsections (c.1), (d), (e), (f) and (g)

shall apply to any new modification, construction or

installation of fuel dispensing systems and their components

that dispense fuel. Existing attended motor fuel dispensing

facilities are not required to install additional emergency

shut-off devices or electrical disconnects, provided that the

primary emergency shut-off switch is not more than 15 feet from

the principal control location of the attendant and not more

than 125 feet from the farthest motor fuel dispensing device.

The provisions of this subsection shall apply to tank storage

systems, piping systems and electrical installations.

Subsections (d), (e), (f) and (g) shall apply to all existing

attended motor fuel dispensing facilities.

Section 2.  Section 10 of the act is amended by adding a

paragraph to read:

Section 10.  Prohibitions.

A person may not do any of the following:

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(5)  Use or operate any of the emergency controls or

electrical disconnects to control the dispensing devices

other than for an emergency. An attendant may use or operate

any of the emergency devices or electrical disconnects for

security or antitheft purposes.

Section 3.  This act shall take effect immediately.