SENATE AMENDED

 

PRIOR PRINTER'S NOS. 741, 3576

PRINTER'S NO.  3887

  

THE GENERAL ASSEMBLY OF PENNSYLVANIA

  

HOUSE BILL

 

No.

728

Session of

2011

  

  

INTRODUCED BY BARRAR, SAINATO, CALTAGIRONE, D. COSTA, DeLUCA, FARRY, FLECK, GEIST, GILLESPIE, GROVE, HESS, HORNAMAN, KILLION, KORTZ, MARSHALL, MILLER, MURT, PAYTON, QUIGLEY, REICHLEY, SAYLOR, STERN, TALLMAN, TAYLOR, VEREB AND VULAKOVICH, FEBRUARY 16, 2011

  

  

AS AMENDED ON SECOND CONSIDERATION, IN SENATE, JUNE 29, 2012   

  

  

  

AN ACT

  

1

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

2

"An act providing for the regulation of combustible and

3

flammable liquids; allocating functions of the Department of

4

Labor and Industry and the Pennsylvania State Police;

5

imposing penalties; and making repeals," further providing

6

for regulations and for prohibitions; and providing for

<--

7

signage requirements for retail service stations.

8

The General Assembly of the Commonwealth of Pennsylvania

9

hereby enacts as follows:

10

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

11

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

12

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

13

read:

14

Section 4.  Regulations.

15

(a)  Authority.--

16

(1)  The department may promulgate regulations governing

17

the possession, use, storage and sale of combustible liquids

18

or flammable liquids. Regulations under this paragraph must

 


1

be based upon generally accepted national or international

2

standards, except that regulations providing for emergency

3

controls, including switches, shall be based upon subsection

4

[(c)] (c.1).

<--

5

(2)  To provide standards for the storage and dispensing

6

of compressed natural gas as a vehicular fuel in fleet and

7

public dispensing operations, the department shall promulgate

8

regulations which adopt the National Fire Protection

9

Association Standard for Compressed Natural Gas Vehicular

10

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

11

systems.

12

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

13

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

14

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

15

regulations of the department under this section.

16

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

17

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

18

switches, at self-service gasoline stations. Emergency controls

19

shall be independent of the approved special dispensing devices

20

and control equipment. Emergency controls and switches shall be

21

installed at an accessible location not more than 15 feet from

22

the principal control location of the attendant and not more

23

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

24

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

25

switch or switches, to control the dispensing devices in other

26

than an emergency shall be prohibited.]

27

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

28

(1)  Fuel dispensing systems shall be provided with one

29

or more clearly identified emergency shut-off devices or

30

electrical disconnects. Such devices or disconnects shall be

- 2 -

 


1

installed in approved locations not less than 20 feet or more

2

than 100 feet from the fuel dispensing devices that they

3

serve. The farthest fuel dispensing device shall be no more

4

than 200 feet from the master control emergency shut-off

5

device. Emergency shut-off devices or electrical disconnects

6

shall disconnect power to:

7

(i)  All dispensing devices.

8

(ii)  All remote pumps serving the dispensing

9

devices.

10

(iii)  All associated power, control and signal

11

circuits.

12

(iv)  All other electrical equipment in hazardous or

13

classified locations surrounding the fuel dispensing

14

devices.

15

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

16

electrical disconnect are provided, all devices shall be

17

interconnected. Resetting from an emergency shut-off

18

condition shall require manual intervention and the manner of

19

resetting shall be approved by the authority having

20

jurisdiction.

21

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

22

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

23

principal location of the attendant.

24

(4)  At attended motor fuel dispensing facilities, the

25

devices or disconnects shall be readily accessible to the

26

attendant.

27

(5)  At unattended motor fuel dispensing facilities, the

28

devices or disconnects shall be readily accessible to

29

patrons, and at least one additional device or disconnect

30

shall be readily accessible to each group of dispensing

- 3 -

 


1

devices on an individual island.

2

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

3

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

4

fuel dispensing device shall be in clear view of the

5

attendant, and no obstacle shall be permitted between the

6

dispensing operation and the attendant so as to obstruct the

7

view of the attendant.

8

(d)  Operating requirements for attended self-service motor

9

fuel dispensing facilities.--

10

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

11

a self-service motor fuel dispensing facility is open for

12

business. The attendant's primary function shall be to

13

supervise, observe and control the dispensing of Class I

14

liquids while the Class I liquids are being dispensed.

15

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

16

fuel dispensing facility" shall mean that portion of a

17

property where liquids used as motor fuels are stored and

18

dispensed from fixed, approved dispensing equipment into the

19

fuel tanks of motor vehicles by persons other than the

20

facility attendant and shall also include, where provided,

21

facilities for the sale of other retail products.

22

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

23

responsibility of an attendant to:

24

(1)  Ensure the dispensing of Class I liquids into

25

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

26

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

27

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

28

(3)  Control sources of ignition.

29

(4)  Immediately activate emergency controls and notify

30

the fire department of any fire or other emergency.

- 4 -

 


1

(5)  Handle accidental spills and fire extinguishers if

2

needed.

3

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

4

be mentally and physically capable of performing the functions

5

and assuming the responsibility prescribed in this act.

6

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

7

conspicuously posted in the dispensing area.

8

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

9

shall apply to any new modification, construction or

10

installation of fuel dispensing systems and their components

11

that dispense fuel. Existing attended motor fuel dispensing

12

facilities are not required to install additional emergency

13

shut-off devices or electrical disconnects, provided that the

14

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

15

the principal control location of the attendant and not more

16

than 125 feet from the farthest motor fuel dispensing device.

17

The provisions of this subsection shall apply to tank storage

18

systems, piping systems and electrical installations.

19

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

20

attended motor fuel dispensing facilities.

21

Section 1.1.  Section 7 of the act is amended by adding a

<--

22

subsection to read:

23

Section 7.  Retail service stations.

24

* * *

25

(e)  Signage.--The department shall, by regulation, implement

26

standards for signage to be placed in the area of a retail

27

service station where gasoline, diesel fuel or kerosene is

28

dispensed. The department shall require that the signs shall be

29

conspicuously posted and include warnings or notices related to:

30

(1)  smoking prohibitions;

- 5 -

 


1

(2)  requirements for the use of hold-open gasoline-

2

dispensing or hold-open diesel fuel-dispensing nozzles;

3

(3)  portable container use and specifications;

4

(4)  static electricity hazards; and

5

(5)  other safety hazards as determined by the department

6

through regulation.

7

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

8

paragraph to read:

9

Section 10.  Prohibitions.

10

A person may not do any of the following:

11

* * *

12

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

13

electrical disconnects to control the dispensing devices

14

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

15

any of the emergency devices or electrical disconnects for

16

security or antitheft purposes.

17

Section 3.  This act shall take effect immediately.

- 6 -