| |
|
| |
| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
| |
| SENATE BILL |
|
| |
| |
| INTRODUCED BY SOLOBAY, BAKER, COSTA, BROWNE, BREWSTER, ERICKSON, FONTANA, RAFFERTY AND WASHINGTON, FEBRUARY 28, 2011 |
| |
| |
| REFERRED TO VETERANS AFFAIRS AND EMERGENCY PREPAREDNESS, FEBRUARY 28, 2011 |
| |
| |
| |
| 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. |
7 | The General Assembly of the Commonwealth of Pennsylvania |
8 | hereby enacts as follows: |
9 | Section 1. Section 4 of the act of February 11, 1998 |
10 | (P.L.58, No.15), known as the Combustible and Flammable Liquids |
11 | Act, amended October 18, 2000 (P.L.574, No.74), is amended to |
12 | read: |
13 | Section 4. Regulations. |
14 | (a) Authority.-- |
15 | (1) The department may promulgate regulations governing |
16 | the possession, use, storage and sale of combustible liquids |
17 | or flammable liquids. Regulations under this paragraph must |
18 | be based upon generally accepted national or international |
19 | standards, except that regulations providing for emergency |
|
1 | controls, including switches, shall be based upon subsection |
2 | (c). |
3 | (2) To provide standards for the storage and dispensing |
4 | of compressed natural gas as a vehicular fuel in fleet and |
5 | public dispensing operations, the department shall promulgate |
6 | regulations which adopt the National Fire Protection |
7 | Association Standard for Compressed Natural Gas Vehicular |
8 | Fuel systems (NFPA 52), excluding provisions on engine fuel |
9 | systems. |
10 | (b) Existing regulations.--Until modified or deleted by the |
11 | department, 37 Pa. Code Chs. 11 (relating to preliminary |
12 | provisions) and 13 (relating to storage and use) shall be deemed |
13 | regulations of the department under this section. |
14 | [(c) Emergency controls.--The department shall require |
15 | emergency controls, including a main power shut-off switch or |
16 | switches, at self-service gasoline stations. Emergency controls |
17 | shall be independent of the approved special dispensing devices |
18 | and control equipment. Emergency controls and switches shall be |
19 | installed at an accessible location not more than 15 feet from |
20 | the principal control location of the attendant and not more |
21 | than 125 feet from the farthest self-service dispensing device. |
22 | Use of the emergency controls, including the main power shut-off |
23 | switch or switches, to control the dispensing devices in other |
24 | than an emergency shall be prohibited.] |
25 | (c.1) Emergency controls and electrical disconnects.-- |
26 | (1) Fuel dispensing systems shall be provided with one |
27 | or more clearly identified emergency shut-off devices or |
28 | electrical disconnects. Such devices or disconnects shall be |
29 | installed in approved locations not less than 20 feet or more |
30 | than 100 feet from the fuel dispensing devices that they |
|
1 | serve. The farthest fuel dispensing device shall be no more |
2 | than 200 feet from the master control emergency shut-off |
3 | device. Emergency shut-off devices or electrical disconnects |
4 | shall disconnect power to: |
5 | (i) All dispensing devices. |
6 | (ii) All remote pumps serving the dispensing |
7 | devices. |
8 | (iii) All associated power, control and signal |
9 | circuits. |
10 | (iv) All other electrical equipment in hazardous or |
11 | classified locations surrounding the fuel dispensing |
12 | devices. |
13 | (2) When more than one emergency shut-off device or |
14 | electrical disconnect is provided, all devices shall be |
15 | interconnected. Resetting from an emergency shut-off |
16 | condition shall require manual intervention and the manner of |
17 | resetting shall be approved by the authority having |
18 | jurisdiction. |
19 | (3) There shall be a master control emergency shut-off |
20 | device, and such device shall be within 15 feet of the |
21 | principal location of the attendant. |
22 | (4) At attended motor fuel dispensing facilities, the |
23 | devices or disconnects shall be readily accessible to the |
24 | attendant. |
25 | (5) At unattended motor fuel dispensing facilities, the |
26 | devices or disconnects shall be readily accessible to |
27 | patrons, and at least one additional device or disconnect |
28 | shall be readily accessible to each group of dispensing |
29 | devices on an individual island. |
30 | (6) Each fuel dispensing device shall be in clear view |
|
1 | of the attendant at all times. The dispensing of fuel at each |
2 | fuel dispensing device shall be in clear view of the |
3 | attendant and no obstacle shall be permitted between the |
4 | dispensing operation and the attendant so as to obstruct the |
5 | view of the attendant. |
6 | (d) Operating requirements for attended self-service motor |
7 | fuel dispensing facilities.-- |
8 | (1) There shall be at least one attendant on duty while |
9 | a self-service motor fuel dispensing facility is open for |
10 | business. The attendant's primary function shall be to |
11 | supervise, observe and control the dispensing of Class I |
12 | liquids while the Class I liquids are being dispensed. |
13 | (2) As used in this subsection, a "self-service motor |
14 | fuel dispensing facility" shall mean that portion of a |
15 | property where liquids used as motor fuels are stored and |
16 | dispensed from fixed, approved dispensing equipment into the |
17 | fuel tanks of motor vehicles by persons other than the |
18 | facility attendant and shall also include, where provided, |
19 | facilities for the sale of other retail products. |
20 | (e) Attendant responsibilities.--It shall be the |
21 | responsibility of an attendant to: |
22 | (1) Ensure the dispensing of Class I liquids into |
23 | portable containers as provided for in section (7)(c). |
24 | (2) Ensure the use of hose nozzle valve latch-open |
25 | devices as provided for in section (7)(b). |
26 | (3) Control sources of ignition. |
27 | (4) Immediately activate emergency controls and notify |
28 | the fire department of any fire or other emergency. |
29 | (5) Handle accidental spills and fire extinguishers if |
30 | needed. |
|
1 | (f) Capabilities.--The attendant or supervisor on duty shall |
2 | be mentally and physically capable of performing the functions |
3 | and assuming the responsibility prescribed in this act. |
4 | (g) Operating instructions.--Operating instructions shall be |
5 | conspicuously posted in the dispensing area. |
6 | (h) Applicability.--Subsections (c.1), (d), (e), (f) and (g) |
7 | shall apply to any new modification, construction or |
8 | installation of fuel dispensing systems and their components |
9 | that dispense fuel. Existing attended motor fuel dispensing |
10 | facilities are not required to install additional emergency |
11 | shut-off devices or electrical disconnects, provided that the |
12 | primary emergency shut-off switch is not more than 15 feet from |
13 | the principal control location of the attendant and not more |
14 | than 125 feet from the farthest motor fuel dispensing device. |
15 | The provisions of this subsection shall apply to tank storage |
16 | systems, piping systems and electrical installations. |
17 | Subsections (d), (e), (f) and (g) shall apply to all existing |
18 | attended motor fuel dispensing facilities. |
19 | Section 2. Section 10 of the act is amended by adding a |
20 | paragraph to read: |
21 | Section 10. Prohibitions. |
22 | A person may not do any of the following: |
23 | * * * |
24 | (5) Use or operate any of the emergency controls or |
25 | electrical disconnects to control the dispensing devices |
26 | other than for an emergency. An attendant may use or operate |
27 | any of the emergency devices or electrical disconnects for |
28 | security or antitheft purposes. |
29 | Section 3. This act shall take effect immediately. |
|