Bill Text: PA HB1769 | 2009-2010 | Regular Session | Amended

---

Bill Title: Further providing for regulations and for prohibitions.

Spectrum: Moderate Partisan Bill (Democrat 17-4)

Status: (Engrossed - Dead) 2010-11-15 - Referred to VETERANS AFFAIRS AND EMERGENCY PREPAREDNESS [HB1769 Detail]

Download: Pennsylvania-2009-HB1769-Amended.html

---

PRIOR PRINTER'S NOS. 2281, 2460 PRINTER'S NO. 4395
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 1769 Session of2009
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
20090HB1769PN4395 - 2 -
than 100 feet from the fuel dispensing devices that they
serve. The farthest fuel dispensing device shall be no more <--
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.
20090HB1769PN4395 - 3 -
(6) Each fuel dispensing device shall be in clear view <--
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
20090HB1769PN4395 - 4 -
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:
* * *
(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.
20090HB1769PN4395 - 5 -