| SENATE AMENDED |
| PRIOR PRINTER'S NOS. 741, 3576 | PRINTER'S NO. 3887 |
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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| HOUSE BILL |
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| 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 |
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| AS AMENDED ON SECOND CONSIDERATION, IN SENATE, JUNE 29, 2012 |
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| AN ACT |
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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 |
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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 |
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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 |
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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. |
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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; |
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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. |
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