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| PRIOR PRINTER'S NO. 2281 | PRINTER'S NO. 2460 |
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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| HOUSE BILL |
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| INTRODUCED BY SOLOBAY, MELIO, CALTAGIRONE, D. COSTA, DEASY, GINGRICH, GRUCELA, HELM, HORNAMAN, HOUGHTON, KORTZ, KULA, MAHONEY, MURPHY, MURT, READSHAW, SIPTROTH, THOMAS, YOUNGBLOOD AND BRIGGS, JUNE 24, 2009 |
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| AS REPORTED FROM COMMITTEE ON VETERANS AFFAIRS AND EMERGENCY PREPAREDNESS, HOUSE OF REPRESENTATIVES, AS AMENDED, JULY 15, 2009 |
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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. |
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 |
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1 | standards, except that regulations providing for emergency |
2 | controls, including switches, shall be based upon subsection |
3 | (c). |
4 | (2) To provide standards for the storage and dispensing |
5 | of compressed natural gas as a vehicular fuel in fleet and |
6 | public dispensing operations, the department shall promulgate |
7 | regulations which adopt the National Fire Protection |
8 | Association Standard for Compressed Natural Gas Vehicular |
9 | Fuel systems (NFPA 52), excluding provisions on engine fuel |
10 | systems. |
11 | (b) Existing regulations.--Until modified or deleted by the |
12 | department, 37 Pa. Code Chs. 11 (relating to preliminary |
13 | provisions) and 13 (relating to storage and use) shall be deemed |
14 | regulations of the department under this section. |
15 | [(c) Emergency controls.--The department shall require |
16 | emergency controls, including a main power shut-off switch or |
17 | switches, at self-service gasoline stations. Emergency controls |
18 | shall be independent of the approved special dispensing devices |
19 | and control equipment. Emergency controls and switches shall be |
20 | installed at an accessible location not more than 15 feet from |
21 | the principal control location of the attendant and not more |
22 | than 125 feet from the farthest self-service dispensing device. |
23 | Use of the emergency controls, including the main power shut-off |
24 | switch or switches, to control the dispensing devices in other |
25 | than an emergency shall be prohibited.] |
26 | (c.1) Emergency controls and electrical disconnects.-- |
27 | (1) Fuel dispensing systems shall be provided with one |
28 | or more clearly identified emergency shut-off devices or |
29 | electrical disconnects. Such devices or disconnects shall be |
30 | installed in approved locations not less than 20 feet or more |
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1 | than 100 feet from the fuel dispensing devices that they |
2 | serve. Emergency shut-off devices or electrical disconnects |
3 | shall disconnect power to: |
4 | (i) All dispensing devices. |
5 | (ii) All remote pumps serving the dispensing |
6 | devices. |
7 | (iii) All associated power, control and signal |
8 | circuits. |
9 | (iv) All other electrical equipment in hazardous or |
10 | classified locations surrounding the fuel dispensing |
11 | devices. |
12 | (2) When more than one emergency shut-off device or |
13 | electrical disconnect is provided, all devices shall be |
14 | interconnected. Resetting from an emergency shut-off |
15 | condition shall require manual intervention and the manner of |
16 | resetting shall be approved by the authority having |
17 | jurisdiction. |
18 | (3) There shall be a master control emergency shut-off |
19 | device, and such device shall be within 15 feet of the |
20 | principal location of the attendant. |
21 | (4) At attended motor fuel dispensing facilities, the |
22 | devices or disconnects shall be readily accessible to the |
23 | attendant. |
24 | (5) At unattended motor fuel dispensing facilities, the |
25 | devices or disconnects shall be readily accessible to |
26 | patrons, and at least one additional device or disconnect |
27 | shall be readily accessible to each group of dispensing |
28 | devices on an individual island. |
29 | (d) Operating requirements for attended self-service motor |
30 | fuel dispensing facilities.-- |
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1 | (1) There shall be at least one attendant on duty while |
2 | a self-service motor fuel dispensing facility is open for |
3 | business. The attendant's primary function shall be to |
4 | supervise, observe and control the dispensing of Class I |
5 | liquids while the Class I liquids are being dispensed. |
6 | (2) As used in this subsection, a "self-service motor |
7 | fuel dispensing facility" shall mean that portion of a |
8 | property where liquids used as motor fuels are stored and |
9 | dispensed from fixed, approved dispensing equipment into the |
10 | fuel tanks of motor vehicles by persons other than the |
11 | facility attendant and shall also include, where provided, |
12 | facilities for the sale of other retail products. |
13 | (e) Attendant responsibilities.--It shall be the |
14 | responsibility of an attendant to: |
15 | (1) Ensure the dispensing of Class I liquids into |
16 | portable containers as provided for in section (7)(c). |
17 | (2) Ensure the use of hose nozzle valve latch-open |
18 | devices as provided for in section (7)(b). |
19 | (3) Control sources of ignition. |
20 | (4) Immediately activate emergency controls and notify |
21 | the fire department of any fire or other emergency. |
22 | (5) Handle accidental spills and fire extinguishers if |
23 | needed. |
24 | (f) Capabilities.--The attendant or supervisor on duty shall |
25 | be mentally and physically capable of performing the functions |
26 | and assuming the responsibility prescribed in this act. |
27 | (g) Operating instructions.--Operating instructions shall be |
28 | conspicuously posted in the dispensing area. |
29 | (h) Applicability.--Subsections (c.1), (d), (e), (f) and (g) |
30 | shall apply to any new modification, construction or |
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1 | installation of fuel dispensing systems and their components |
2 | that dispense fuel. Existing attended motor fuel dispensing |
3 | facilities are not required to install additional emergency |
4 | shut-off devices or electrical disconnects, provided that the |
5 | primary emergency shut-off switch is not more than 15 feet from |
6 | the principal control location of the attendant and not more |
7 | than 125 feet from the farthest motor fuel dispensing device. |
8 | The provisions of this subsection shall apply to tank storage |
9 | systems, piping systems and electrical installations. |
10 | Subsections (d), (e), (f) and (g) shall apply to all existing |
11 | attended motor fuel dispensing facilities. |
12 | Section 2. Section 10 of the act is amended by adding a |
13 | paragraph to read: |
14 | Section 10. Prohibitions. |
15 | A person may not do any of the following: |
16 | * * * |
17 | (5) Use or operate any of the devices or disconnects or | <-- |
18 | emergency controls, including the principal device or |
19 | disconnect to control the dispensing devices other than for |
20 | an emergency emergency controls or electrical disconnects to | <-- |
21 | control the dispensing devices other than for an emergency. |
22 | An attendant may use or operate any of the emergency devices |
23 | or electrical disconnects for security or antitheft purposes. |
24 | Section 3. This act shall take effect immediately. |
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