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(continued)
s 1918.2. Scope.
These regulations shall apply to all gasoline dispensing equipment containing a gasoline vapor control system when such system is required by the California Air Resources Board or any air pollution control agency having jurisdiction. The design, construction and installation requirements of such systems shall be applied uniformly throughout the State.
Note: Authority cited: Section 41956, Health and Safety Code. Reference: Sections 41950 and 41960, Health and Safety Code.
s 1918.3. Authority.
Note: Authority cited: Section 11349.1, Government Code.
s 1918.4. Validity.
Note: Authority cited: Section 11349.1, Government Code.
s 1918.5. Local Ordinances.
Note: Authority cited: Section 11349.1, Government Code.
s 1918.6. Order of Precedence.
Note: Authority cited: Section 11349.1, Government Code.
s 1918.7. Violations.
Note: Authority cited: Section 11349.1, Government Code.
s 1918.10. "A" Definitions.
(a) ARB. "ARB" means Air Resources Board (of California).
Note: Authority cited: Section 41956, Health and Safety Code. Reference: Sections 41954, 41950 and 41962, Health and Safety Code.
s 1918.11. "D" Definitions.
(a) Dispensing Device. A unit assembly approved for installation consisting of a power-operated pumping unit, strainers, metering devices, valves, dispensing outlet(s) for hoses and dispensing nozzles designed to stop the discharge of liquid automatically when the control level of the dispensing nozzle is released.
(b) Dispensing Nozzle. A regulating mechanism with spout approved for installation in conjunction with a "dispensing device" which controls the flow of gasoline into fuel tanks, and returns vapors to an underground tank.
Note: Authority cited: Section 41956, Health and Safety Code. Reference: Sections 41954, 41950 and 41962, Health and Safety Code.
s 1918.12. "F" Definitions.
(a) Flame Arrestor. A device approved for installation in piping carrying a flammable vapor/air mixture, to prevent flame travel beyond the point of installation of the device.
Note: Authority cited: Section 41956, Health and Safety Code. Reference: Sections 41956, 41950 and 41962, Health and Safety Code.
s 1918.13. "G" Definitions.
(a) Gasoline. See Section 41950(c), Health and Safety Code.
Note: Authority cited: Section 41956, Health and Safety Code. Reference: Sections 41956, 41950 and 41962, Health and Safety Code.
s 1918.14. "I" Definitions.
(a) Impact Valve. A device approved for installation in piping which automatically closes by the activation of a fusible link through exposure to fire or severe physical impact, or both.
Note: Authority cited: Section 41956, Health and Safety Code. Reference: Sections 41956, 41950 and 41962, Health and Safety Code.
s 1918.15. "L" Definitions.
(a) Labeled. "Labeled" shall mean Systems or components bearing the label, symbol, or other identifying mark of a testing laboratory approved by the State Fire Marshal, or the label of the State Fire Marshal.
Note: Authority cited: Section 41956, Health and Safety Code. Reference: Sections 41956, 41950 and 41962, Health and Safety Code.
s 1918.16. "N" Definitions.
(a) Nozzle. See dispensing nozzle.
Note: Authority cited: Section 41956, Health and Safety Code. Reference: Sections 41954, 41950 and 41962, Health and Safety Code.
s 1918.17. "U" Definitions.
Note: Authority cited: Section 41956, Health and Safety Code. Reference: Section 41956, Health and Safety Code.
s 1918.18. "V" Definitions.
(a) Vapor Recovery System. See Section 41952, Health and Safety Code.
(b) Vapor Balance System. A system designed to capture and retain, solely by means of displacement with or without processing, gasoline vapors emitted during dispensing operations.
(c) Vapor Assist System. A system whereby mechanical and/or chemical means are used to capture and retain, with or without processing, gasoline vapors emitted during dispensing operations.
(d) Vapor Processing Unit. Vapor Processing Equipment in one contiguous unit. Vapor processing unit shall not be construed interpreted to include inline flame arrestors, inline fire checks, pressure vacuum valves, inline check valves, and dispenser flow regulators.
Note: Authority cited: Section 41956, Health and Safety Code. Reference: Sections 41954, 41950 and 41962, Health and Safety Code.
s 1918.20. Application.
(a) Original. Any manufacturer desiring the certification and listing of any gasoline vapor recovery system or component part shall submit a completed application for evaluation and certification to the State Fire Marshal on forms provided by him. Such form shall be accompanied by the fee for evaluation and certification as prescribed in Section 1918.25.
(b) Revision. Any manufacturer desiring a revision to be made to the original certified system or component shall submit a completed application for revision to the State Fire Marshal on forms provided by him. Such form shall be accompanied by the fee for evaluation and certification as prescribed in Section 1918.25.
Note: Authority cited: Section 41956, Health and Safety Code. Reference: Sections 41955, 41958, Health and Safety Code.
s 1918.21. Required Submissions for Certification.
(a) In addition to the application and fee required by this subchapter the State Fire Marshal may require that sample specimens, taken from regular production, be submitted to him for evaluation. The State Fire Marshal may require the assembly or erection of a sample specimen for evaluation purposes.
The applicant shall assume all responsibility relating to the assembly or erection of such specimen, including but not limited to the cost, liability and removal thereof. The applicant shall arrange for the removal of any specimen submitted to the State Fire Marshal or which has been assembled or erected pursuant to this section, within 60 days of notification by the State Fire Marshal. The State Fire Marshal may, at his discretion, dispose of any specimen submitted to him following the 60 day notification.
(b) Every application for evaluation and certification of a gasoline vapor recovery system or component part which is required by these regulations to be tested, shall be accompanied by a test report issued by an approved testing organization. Technical data shall be submitted with any application when required by the State Fire Marshal. Each application for an evaluation and certification of a gasoline vapor recovery system or component shall be accompanied by black-line drawings suitable for reproduction.
(c) Specimens submitted to laboratories for testing shall be from regular production. Acceptance for certification will not be considered on the basis of any examination of hand made equipment or products.
(d) The State Fire Marshal reserves the right to publish all or any part of any test report or technical data submitted to him and relating to a gasoline vapor recovery system or component. Manufacturing processes, ingredients or compounds of materials or equipment shall not be matters of public record.
Note: Authority cited: Section 41956, Health and Safety Code. Reference: Sections 41955 and 41958, Health and Safety Code.
s 1918.22. Labels.
(a) Every gasoline vapor recovery system or component which is certified by the State Fire Marshal, shall bear a label conforming to the provisions of this section. Labels shall be placed in a conspicuous location and shall be attached by the manufacturer during production or fabrication.
Exceptions:
(1) Systems or components which bear the label of an approved testing organization provided such organization conducts factory inspections of the material and workmanship during fabrication and assembly.
(2) Upon written request, the State Fire Marshal may exempt specified systems or components from the labeling requirement provided he finds such labeling impractical or impossible. In such cases however sufficient evidence shall be furnished indicating the means by which said systems or components may be reasonably identified.
(b) Labels shall be of sufficient size to render all data specified thereon, clear and legible.
(c) Labels shall be of a contrasting color to the material or equipment to which it is attached.
(d) Labels shall be produced or obtained by the manufacturer and such label shall be of the following configuration:
(1) Insert in the top scroll the name and address of the manufacturer.
(2) In the first bottom scroll insert the certification number issued by the State Fire Marshal and all other data as may be specified by the State Fire Marshal dependent upon its intended use.
(3) Insert in the bottom scroll the item certified. Examples: "Flame Arrestor" - "Impact Valve."
(e) Labels may be of any durable material and shall be attached to the certified systems or component in such a manner that any removal will cause destruction of the label.
(f) Prior to the use of any label, the manufacturer shall submit to the State Fire Marshal a sample of each label intended to be used with any certified system or component. Labels shall not be used until written approval has been received from the State Fire Marshal.
(g) No person shall attach any label conforming to the provisions of this section to any system or component which is not certified by the State Fire Marshal.
Note: Authority cited: Section 41956, Health and Safety Code. Reference: Sections 41958 and 41960, Health and Safety Code.
s 1918.23. Approved Testing Organization.
(a) For the purposes of this article, an approved testing organization shall mean any person, firm, corporation or association which conforms to all of the following:
(1) Equipped or has access to facilities which are equipped to perform tests in accordance with required test procedures.
(2) Employment of personnel who are qualified for testing. Evidence of such qualifications may include persons possessing registration as a Professional Engineer.
(3) Approved by the State Fire Marshal. Persons, firms, corporations, or associations desiring approval as a testing organization may initiate a request and present to the State Fire Marshal evidence of their qualifications which in the judgment of the State Fire Marshal is sufficient to grant approval.
Approval as a testing organization shall not be granted to any person, firm, corporation, or association for the purpose of conducting tests of materials or equipment manufactured, sold, or similarly processed or handled by such person, firm, corporation or association.
Note: Authority cited: Section 41956, Health and Safety Code. Reference: Section 41958, Health and Safety Code.
s 1918.24. Testing Equipment.
(a) Testing equipment used or intended to be used to determine a gasoline vapor recovery system or component's compliance with State Fire Marshal vapor recovery requirements shall be inspected and evaluated by the State Fire Marshal to determine conformance with required conditions for such testing equipment as set forth in the appropriate test standard.
(b) All testing equipment shall be maintained in good repair devoid of any defect which would affect the certification of any system or component to be tested.
(c) Any testing organization which desires State Fire Marshal approval shall be liable for the necessary advance arrangements for all costs incurred by one representative of the State Fire Marshal in conducting any service rendered under Section (a) above.
Note: Authority cited: Section 41956, Health and Safety Code. Reference: Section 41958, Health and Safety Code.
s 1918.25. Fees.
Each application for certification shall be accompanied by fees established by this section.
(a) The fee for evaluating any system and component shall be as follows:
(1) System (with or without processing including processing equipment, i.e., incinerator, refrigeration unit, carbon canisters, electrical controls) - $100.00.
(2) Components (flame arrestors, pressure/vacuum valves, impact valves, dispensing nozzles, automatic fire checks, and similar devices) -$50.00.
(b) Certification Fees. The fee for certification of systems or components - $35.00.
(c) Evaluation and certification fees shall be submitted with each application for evaluation and certification. If the system or component is not found to be in conformance with the provisions of these regulations, the certification fee will be returned to the applicant. The evaluation fee will be retained by the State Fire Marshal to offset the costs incurred for evaluation of the submitted system or component.
Note: Authority cited: Section 41956, Health and Safety Code. Reference: Section 41961, Health and Safety Code.
s 1918.26. Violations.
No person, firm, corporation or association shall knowingly or intentionally represent any system or component as being certified by the State Fire Marshal when such system or component is not so certified.
Note: Authority cited: Section 41956, Health and Safety Code. Reference: Section 41958, Health and Safety Code.
s 1918.30. Dispensing Nozzles.
Dispensing nozzles shall be tested in accordance with applicable provisions of this subchapter.
Note: Authority cited: Section 41956, Health and Safety Code. Reference: Sections 41956 and 41958, Health and Safety Code.
s 1918.31. Vapor Check Valves.
Vapor check valves shall be provided in the vapor return line from each dispensing outlet to prevent the discharge of vapors when the hose nozzle valve is in its normal non-dispensing position. Such vapor check valves shall be tested in accordance with applicable provisions of this subchapter.
Note: Authority cited: Section 41956, Health and Safety Code. Reference: Sections 41956 and 41958, Health and Safety Code.
s 1918.32. Fuel Shut Down.
Means shall be provided to shut down fuel dispensing in the event the vapor return line becomes blocked in any manner that can cause a forceful ejection of liquid.
Note: Authority cited: Section 41956, Health and Safety Code. Reference: Sections 41956 and 41958, Health and Safety Code.
s 1918.33. Shear Sections.
Where vapor return piping is inside the dispenser enclosure or where it may impair the effective operation of an impact valve in the liquid pipe, a shear section shall be properly installed in the vapor return piping at the base of each dispenser. Properly installed means the shear section is mounted flush (plus/minus 3/4 ") with the top of the surface upon which the dispenser is mounted. Shear sections shall be tested in accordance with applicable provisions of this subchapter.
Note: Authority cited: Section 41956, Health and Safety Code. Reference: Sections 41956 and 41958, Health and Safety Code.
s 1918.34. Impact Valves.
Impact valves shall be tested in accordance with the applicable provisions of this subchapter. Impact valves shall be properly installed in all gasoline carrying piping when supplied by a remote pump and rigidly mounted at the base of each dispenser. Properly installed means that the shear section of the impact valve is mounted flush (plus/minus 3/4 ") with the top of the surface upon which the dispenser is mounted.
Note: Authority cited: Section 41956, Health and Safety Code. Reference: Sections 41956 and 41958, Health and Safety Code.
s 1918.35. Piping.
Piping shall comply with the following:
(a) Non-metallic piping, if used, shall be installed in accordance with the manufacturer's installation instructions.
(b) All vapor return piping and tank vents shall be installed so as to drain toward the gasoline storage tanks. There shall be no sags or traps in the vapor return piping in which any liquid may become trapped. Condensate tanks, if utilized, shall be installed and maintained so as to preclude the blocking of the vapor return lines by liquid.
(c) All vapor return and vent piping shall be provided with swing joints or any other State Fire Marshal approved connector at the base of the riser to each dispensing unit, at each tank connection, and at the base of the vent riser where it fastens to a building or other structure. When a swing joint is used in a riser containing a shear section, the riser must be rigidly supported.
(d) Tank vent pipes two inches or less in nominal inside diameter shall not be obstructed by any device unless the tank and its associated piping and other equipment is protected to limit back pressure development to less than the maximum working pressure of the tank, its associated piping and other equipment. Protection shall be afforded by the installation of one of the following approved items: Pressure/vacuum vents, rupture disks or other tank venting devices installed in the tank vent pipes.
(e) Tank vent pipes shall terminate into the open atmosphere and shall be at least 12 feet above the adjacent ground level. The outlet shall vent upward or horizontally and be located so as to eliminate the possibility of vapors accumulating or traveling to a source of ignition or entering adjacent buildings.
(f) Vent pipes from tanks storing the same class of liquids may be connected into one outlet pipe. The vapor discharge capacity of manifolded vent piping shall be sufficient to limit back pressure development to less than the maximum working pressure of tanks, associated piping and other equipment when two tanks are filled simultaneously.
(g) Vent pipes shall be adequately supported throughout their length. When they are supporting weights in addition to their own, additional supports may be required.
(h) Piping systems servicing vapor balance recovery systems, installed after September 1, 1977 shall be pneumatically tested to 75 psig. Test pressure shall be maintained for at least 30 minutes, with the system sealed, and with a pressure loss not to exceed 3 psig.
(j) When there is any indication of a leak in an existing underground storage tank or piping system, the system shall be tested in accordance with and shall meet the criteria of 2001 Edition of the California Fire Code s 7901.11.
(k) Vapor pipes shall enter tanks only through the top of the tank. The end of vapor pipes shall not extend into the tank more than one inch. Float check valves attached to such vapor pipes may extend into the tank without distance restrictions.
Note: Authority cited: Section 41956, Health and Safety Code. Reference: Sections 41956 and 41958, Health and Safety Code.
s 1918.36. Tank Openings.
All tank openings, other than vent pipe openings, shall comply with the following:
(a) Vapor recovery openings shall be protected against vapor release by means of either a spring-loaded check valve, dry-break connection or other approved device. Combination fill and vapor recovery openings shall be protected against vapor release unless connection of the liquid delivery pipe to the fill pipe simultaneously connects the vapor recovery pipe. Tank vent pipes shall not be obstructed by any device which will allow back pressure development in the storage tanks.
(b) All connections, which are made and broken, shall be located outside of buildings at a location free from any source of ignition and at least ten feet from any building openings. Such connections shall be closed, liquid and vapor tight when not in use and each opening shall be properly identified as to its function.
(c) Separate fill pipe openings and vapor recovery openings shall be of different sizes, or the hose connection utilized shall be incompatible so as to eliminate the possibility of cross connections.
Note: Authority cited: Section 41956, Health and Safety Code. Reference: Sections 41956 and 41958, Health and Safety Code.
s 1918.37. Gasoline Storage Tanks.
Gasoline storage tanks used in conjunction with vapor recovery systems shall comply with the 2001 Edition of the California Fire Code, Article 79.
Note: Authority cited: Section 41956, Health and Safety Code. Reference: Sections 41956 and 41958, Health and Safety Code.
Note: Authority cited: Section 11349.1, Government Code.
s 1918.60. General.
In addition to the requirements set forth in Article 4, Vapor Recovery Systems -With Processing shall install the following equipment and shall comply with the requirements set forth for equipment location, mounting and protection.
Note: Authority cited: Section 41956, Health and Safety Code. Reference: Sections 41956 and 41958, Health and Safety Code.
s 1918.61. Flame Arrestors.
If the operation of the system will produce a flammable mixture in the piping which will carry it to the storage tanks, an approved flame arrestor, tested in accordance with the applicable provisions of Article 7, shall be properly installed in vapor return piping between the shear section and the storage tank.
Exception: An approved automatic fire check may be installed in lieu of an approved flame arrestor.
Note: Authority cited: Section 41956, Health and Safety Code. Reference: Sections 41956 and 41958, Health and Safety Code.
s 1918.62. Automatic Fire Checks.
Positive means of automatic isolation of tanks may be required in vapor return piping to prevent flashback from reaching the tanks.
Note: Authority cited: Section 41956, Health and Safety Code. Reference: Sections 41956 and 41958, Health and Safety Code.
s 1918.63. Equipment Mounting.
Vapor processing units shall be securely mounted on concrete, masonry or structural steel supports or other noncombustible foundations.
Note: Authority cited: Section 41956, Health and Safety Code. Reference: Sections 41956 and 41958, Health and Safety Code.
s 1918.64. Processing Equipment Location.
(a) All ignition sources of vapor processing equipment shall be located not less than 18 inches above any tank fill opening, the top of the dispenser island, or grade, whichever is highest. The equipment shall also be located not less than 50 feet from any fuel transfer area and not less than 10 feet from the nearest building or property line which may be built upon.
Exceptions:
(1) Nothing in this section shall prohibit roof mounted equipment.
(2) When reduction of the required 50 feet clearance from the fuel transfer area is necessary, as determined by the enforcing authority, ignition sources of vapor processing units shall be installed in conformance with the following table:
Clear Required
Distance Height
Available Above grade
(Ft) (Inches)
______________________
50 18
40 30
30 42
20 48
When the minimum 20 feet required distance, as specified in the above table, cannot be obtained because of site configuration a minimum height of 12 feet from any ignition source shall be provided for the equipment, or construction enclosure requirements as set forth in (c) of this section shall apply.
In no instance shall any cargo tank be permitted within the minimum 20 foot clearance during delivery operations.
(b) When the processing unit location site is lower than the tan fill opening or the top of the dispenser island, the difference in elevation shall be added to the elevation requirements set forth in (a) of this section.
(c) When the required 10 foot distance to an adjacent property line which may be built upon cannot be obtained, an open-top enclosure of not less than 2-hour noncombustible fire-resistive construction which shall extend from the mounting base or slab to an elevation not less than 18 inches higher than the highest elevation of the processing equipment shall be provided on the property line side. Doors installed in the enclosure walls shall be of noncombustible construction including the door frames. Ventilation openings, except in the property line wall, shall be provided at slab level to eliminate the accumulation of flammable vapors within the enclosure as deemed necessary by the enforcing authority having jurisdiction.
(d) Where site configuration makes adherence to equipment location elevation requirements impossible or impracticable and the equipment is located below grade or within roofed enclosures, such below grade or roofed area shall be provided with mechanical ventilation providing not less than 6 complete air changes per hour at all times. All such equipment shall meet Class 1, Division 1 requirements as set forth in Part 3, Title 24, CAC.
Note: Authority cited: Section 41956, Health and Safety Code. Reference: Sections 41956 and 41958, Health and Safety Code.
s 1918.65. Vapor Processing Unit Protection.
Fences, bumper posts and other control measures, as determined by the authority having jurisdiction, shall be provided to protect vapor processing unit installations against tampering, trespassing, and vehicular traffic. The area shall be kept clear of combustible materials of any nature within 10 feet of the vapor processing unit installation unless the unit is enclosed as specified in (c) of Section 1918.64.
Note: Authority cited: Section 41956, Health and Safety Code. Reference: Sections 41956 and 41958, Health and Safety Code.
s 1918.70. Electrical Requirements.
(a) General. All electrical equipment and wiring shall comply with the requirements set forth in Part 3, Title 24, California Administrative Code.
(b) Emergency Pump Cut-Off. All electrically energized vapor collection equipment shall be directly connected to, and controlled by, an emergency pump cut-off switch.
(c) Cut-Off Switch Location. The emergency pump cut-off switch shall be located in a readily accessible and clearly visible location, outside of any enclosure, within 75 feet of but no closer than 15 feet to any gasoline dispenser.
(d) Labeling. The emergency pump cut-off switch shall be clearly and legibly labeled as to its function.
Note: Authority cited: Section 41956, Health and Safety Code. Reference: Sections 41956 and 41958, Health and Safety Code.
s 1918.80. Scope.
This standard article represents the minimum basic requirements for the construction and operating performance standards of gasoline vapor recovery equipment for purposes of approval and certification by the State Fire Marshal. The minimum design, construction and operating performance standards set forth herein are those deemed as necessary to provide a reasonable degree of safety from fire and explosion in conformance to the regulations adopted by the State Fire Marshal pursuant to Section 41954 through 41961, inclusive, Health and Safety Code, and when applicable shall be reported on in their entirety by approved testing laboratories.
Note: Authority cited: Section 41956, Health and Safety Code. Reference: Sections 41956 and 41958, Health and Safety Code.
s 1918.81. Test Reports.
The report shall include failure analysis engineering data, wiring diagrams, operating and maintenance manuals and photographs, together with the tests performed and the results thereof.
The reports shall include the catalog number or other readily identifiable marking, the laboratory test report number and date. Such individually tested components of a system when installed in combination with other components shall be subjected to the performance standard tests to determine their suitability for use in combination with other component parts or equipment.
Note: Authority cited: Section 41956, Health and Safety Code. Reference: Sections 41956 and 41958, Health and Safety Code.
s 1918.82. Equipment Standards.
(a) General. Equipment utilized in gasoline vapor recovery shall be tested according to the requirements set forth in the following applicable standards.
(1) Flame Arrestors. Flame Arrestors to be installed in either fuel, vapor, or vent lines shall be tested in accordance with the requirements of U.L. Standard 525, available from Underwriters Laboratories, Inc., 333 Pfingsten Road, Northbrook, IL 60062, and as approved by the State Fire Marshal.
(2) Hose Nozzle Valves. Hose nozzle valves used in conjunction with gasoline vapor recovery systems shall be tested in accordance with the requirements of U.L. Standard 842, available from Underwriters Laboratories, Inc., 333 Pfingsten Road, Northbrook, IL 60062, and as approved by the State Fire Marshal.
(3) Carbon/Charcoal Canisters. Carbon/charcoal canisters utilized in gasoline vapor recovery systems shall withstand, without failure, a test pressure of plus or minus 150% of the maximum operating pressure. The canister material shall also be able to withstand temperatures created by the materials contained therein.
(4) Pressure Regulators. Gasoline vapor pressure regulators utilized in a vapor recovery system shall be approved for the intended use.
(5) Ignition Controls. Ignition controls including, but not limited to, such devices as flame detectors, flame sensors, ignition transformers, electrical control units, alarms, flame indicators, utilized as a component of a gasoline vapor recovery system shall be approved by the State Fire Marshal for its intended use.
(6) Refrigeration Units. Refrigeration units utilized in processing vapors in gasoline vapor recovery systems shall be approved for their intended use.
(7) Pressure/Vacuum Valves. Pressure/vacuum valves utilized in gasoline vapor recovery systems shall be approved by the State Fire Marshal for their intended use.
(8) Internal Explosion/Ignition Test. The processing unit shall be subjected to a series of internal explosion/ignition tests, during performance/operation safety testing, such that ignition of an explosion air/gasoline vapor mixture occurs within the confines of the processing unit piping. The explosion shall not propagate beyond the inlet Flame Arrestor(s). The processing unit and Flame Arrestors shall provide a degree of isolation between other installation components and the processing unit, and between the processing unit and the remainder of the installation, and between the processing unit and the storage tank. The operating function of the unit, shall not be impaired as a result of such tests. Adequate sensors shall be utilized to insure that: (1) an explosive gasoline/air vapor mixture was present; (2) that an ignition of the vapor mixture did occur; and (3) that the safeguards installed in the processing unit did function.
(9) Other Equipment. Such other equipment which may be utilized in gasoline vapor control systems shall also be tested to applicable standards as may be determined necessary by the State Fire Marshal.
Note: Authority cited: Section 41956, Health and Safety Code. Reference: Sections 41956 and 41958, Health and Safety Code.
s 1918.83. Structural Integrity.
(a) Wind Loads. The completely assembled vapor processing unit shall be subjected to a wind loading velocity of not less than 60 MPH for a period of not less than 10 minutes. At the conclusion of this test there shall be no evidence of damage to the unit or its function.
(b) Dead Load Test. All portions of the assembled vapor processing unit, which may be stepped upon, shall be subjected to a dead load test of not less than 200 pounds. At the conclusion of such loading there shall be no evidence of damage to the unit, platform, structural frame or plumbing or their function.
Note: Authority cited: Section 41956, Health and Safety Code. Reference: Sections 41956 and 41958, Health and Safety Code.
s 1918.84. Drop Test.
The complete processing unit and its platform (base) shall be subjected to four drop tests. The drop tests shall consist of sequentially raising each side of the base not less than 6 inches and allowing the base to drop freely. The operating function of the unit shall not be impaired as the result of such tests.
Note: Authority cited: Section 41956, Health and Safety Code. Reference: Sections 41956 and 41958, Health and Safety Code.
Note: Authority cited for Subchapter 12: Section 13151, Health and Safety Code. Reference: Sections 13150-13153, Health and Safety Code.
s 2000.
Title 49 of the Code of Federal Regulations, Part 195 is hereby adopted by reference as it relates to hazardous liquid pipelines.
Note: Authority cited: Sections 51010.6 and 51011, Government Code.
s 2040. Fees.
In order to implement Chapter 5.5, of the Government Code, California Pipeline Safety Act of 1981, the following fees will be assessed on a fiscal year basis:
(a) Intrastate Pipelines
(1) Pipeline operator....................... $3,000
(2) Charge per mile of pipeline operated.... $150
(3) Independent Hydrostatic Testing Firm.... $1,500
(b) Interstate Pipelines
(1) Pipeline Operator....................... $3,000
(2) Charge Per Mile of Pipeline Operated.... $100
Note: Authority cited: Sections 51019 and 51019.05, Government Code. Reference: Sections 51010, 51013.5, 51014.5, 51019 and 51019.05, Government Code.
s 2041. Certification of Miles.
Prior to November 1 of each year every operator of a pipeline, as defined in Section 51010.5, Government Code, shall certify to the Office of State Fire Marshal the total miles of pipelines owned, operated or leased by the operator within California for which the pipeline operator is responsible and not otherwise excluded by Section 51010.5, Government Code.
Note: Authority cited: Section 51011, Government Code. Reference: Sections 51019 and 51020, Government Code.
s 2050. Adoption of Federal Regulations.
The State Fire Marshal adopts by reference Title 49 of the Code of Federal Regulations, Part 40, Sections 40.1 through 40.37 inclusive, with appendices, relating to procedures for workplace drug testing programs, adopted as of December 1, 1989, and Part 199, Sections 199.1 through 199.23 inclusive, adopted as of November 21, 1988, except for Section 199.1 (b), adopted April 13, 1989, Sections 199.3, 199.7, 199.9, 199.11, and 199.15, adopted January 17, 1990, and Section 199.1 (d), adopted December 27, 1989, relating to drug testing methods and procedures for pipeline operators.
Note: Authority: Sections 51010 and 51011, Government Code. Reference: Sections 51010 and 51011, Government Code; 54 Federal Register 49866, dated 12/1/89, adopting 49 C.F.R. Part 40, Sections 40.1 through 40.37, inclusive, and including Appendix A; 53 Federal Register 47096, dated 11/21/88, adopting 49 C.F.R., Part 199, Sections 199.1 through 199.23, inclusive.
s 2051. Administration.
Section 2050 shall be administered and enforced by the California State Fire Marshal, Pipeline Safety Division.
Note: Authority: Sections 51010 and 51011, Government Code Reference: Sections 51010 and 51011, Government Code.
s 2060. Approval Procedures.
The approval of independent testing firms or persons by the State Fire Marshal shall be in accordance with procedures established in Sections 1.59 and 1.60, Title 19, California Administrative Code.
Note: Authority cited: Sections 51010 and 51014.5, Government Code. Reference: Section 51014.5, Government Code.
s 2070. Notice of Probable Violation.
(a) "Hearing" means an informal conference or a proceeding for oral presentations. Unless otherwise specifically prescribed in this part, the use of "hearing" is not intended to require a hearing on the record in accordance with Chapter 5, Part 1, Division 3 of the Government Code.
(b) Except as otherwise provided by this subpart, the Office of State Fire Marshal, Division of Hazardous Liquid Pipelines Safety and Enforcement (hereinafter known as the Division) begins an enforcement proceeding by serving a notice of probable violation on a person charging him with a probable violation of the California Hazardous Liquid Pipeline Safety Act or any regulation or order issued thereunder.
(c) A notice of probable violation issued under this section shall include:
(1) Statement of the provisions of the laws, regulations or orders which the respondent is alleged to have violated and a statement of the evidence upon which the allegations are based;
(2) Notice of response options available to the respondent under Section 2071;
(3) If a civil penalty is proposed under Section 51018.6, Government Code, the amount of the proposed civil penalty and the maximum civil penalty for which respondent is liable under law; and
(4) If a compliance order is proposed under Section 51018.8, Government Code; a statement of the remedial action being sought in the form of a proposed compliance order.
(d) The Division may amend a notice of probable violation at any time prior to issuance of a final order under Section 2073. If an amendment includes any new material allegations of fact or proposes an increased civil penalty amount or new or additional remedial action under Section 51018.8, Government Code, the respondent shall have the opportunity to respond under Section 2071.
Note: Authority cited: Section 51018.6, Government Code. Reference: Section 51018.6, Government Code.
s 2071. Response Options.
Within 30 days of the receipt of a notice of probable violation the respondent shall respond to the Division who issued the Notice in the following way:
(a) When the notice contains a proposed civil penalty
(1) Pay the proposed civil penalty as provided in Section 51018.6, Government Code and close the case;
(2) Submit an offer in compromise of the proposed civil penalty under paragraph (c) of this section and paragraph (a) of Section 2075;
(3) Submit written explanations, information or other materials in answer to the allegations or in mitigation of the proposed civil penalty; or
(4) Request a hearing under Section 2072.
(b) When the notice contains a proposed compliance order
(1) Agree to the proposed compliance order;
(2) Request the execution of a consent order;
(3) Object to the proposed compliance order and submit written explanations, information or other materials in answer to the allegations in the notice of probable violation; or
(4) Request a hearing under Section 2072.
(c) An offer in compromise under paragraph (a) of this section is made by submitting a check or money order for the amount offered to the Division, who forwards the offer to the State Fire Marshal, for action. If the offer in compromise is accepted by the State Fire Marshal, the respondent is notified in writing that the acceptance is in full settlement of the civil penalty action. If an offer in compromise submitted under paragraph (a) of this section is rejected by the State Fire Marshal, it is returned to the respondent with written notification. Within 10 days of his receipt of such notification, the respondent shall again respond to the Division in one or more of the ways provided in paragraph (a) of this section.
(d) Failure of the respondent to respond in accordance with paragraph (a) of this section or, when applicable, paragraph (c) of this section, constitutes a waiver of his right to contest the allegations in the notice of probable violation and authorizes the State Fire Marshal, without further notice to the respondent, to find facts to be as alleged in the notice of probable violation and to issue a final order under Section 2073.
Note: Authority cited: Section 51018.6, Government Code. Reference: Section 51018.6, Government Code.
s 2072. Hearing.
(a) A request for a hearing in response to a notice of probable violation issued under Section 2070 must be accompanied by a statement of the issues which the respondent intends to raise at the hearing. The issues may relate to the alleged violations, new information or to the proposed compliance order or proposed civil penalty amount. A respondent's failure to specify an issue may result in waiver of his right to raise that issue at the hearing. The respondent's request may also indicate whether or not he will be represented by counsel at the hearing.
(b) In such circumstances as deemed appropriate by the Division, and only if the respondent concurs, a telephone conference may be held in lieu of a hearing.
(c) If the respondent contests any of the alleged violations, if the respondent is represented by counsel or if the respondent specifically requests that an attorney conduct the hearing, the Office of State Fire Marshal shall designate a presiding official for the hearing. Otherwise, the hearing may be conducted by a representative of the Division.
(d) The hearing is conducted informally without strict adherence to rules of evidence. The respondent may submit any relevant information and material and call witnesses on his behalf. He also may examine the evidence and witnesses against him. No detailed record of a hearing is prepared.
(e) At the outset of the hearing, the material in the case file pertinent to the issues to be determined is presented by the presiding official. The respondent may respond to or rebut this material.
(f) After the presentation of the material in the case file, the respondent may offer any facts, statements, explanations, documents, testimony or other items which are relevant to the issues under consideration.
(g) At the close of the respondent's presentation the presiding official may present or allow the presentation of State Fire Marshal rebuttal information. The respondent may then respond to that information.
(h) After the evidence in the case has been presented, the presiding official shall permit argument on the issues under consideration.
(i) The respondent may also request an opportunity to submit further written material for inclusion in the case file. The presiding official shall allow a reasonable time for the submission of the material and shall specify the date by which it must be submitted. If the material is not submitted within the time prescribed, the case shall proceed to final action without the material.
(j) After submission of all materials during and after the hearing, the presiding official shall prepare a written recommendation as to final action in the case. This recommendation, along with any material submitted during and after the hearing, shall be included in the case file which is forwarded to the State Fire Marshal for final administrative action.
Note: Authority cited: Section 51018.6, Government Code. Reference: Section 51018.6, Government Code.
s 2073. Final Order.
(a) After a hearing under Section 2072 or, if no hearing has been held, after expiration of the 30 day response period prescribed in Section 2071, the case file of an enforcement proceeding commenced under Section 2070 is forwarded to the State Fire Marshal, for issuance of a final order.
(b) The case file of an enforcement proceeding commenced under Section 2070 includes
(1) The inspection reports and any other evidence of alleged violations;
(2) A copy of the notice of probable violation issued under Section 2070;
(3) Material submitted by the respondent in accord with Section 2070 in response to the notice of probable violation;
(4) The Division's evaluation of response material submitted by the respondent and the Division Chief's recommendation for final action to be taken under this section; and
(5) In cases involving a Section 2072 hearing, any material submitted during and after the hearing and the hearing officer's recommendation for final action to be taken under this section.
(c) Based on review of a case file described in paragraph (b) of this section, the State Fire Marshal shall issue a final order that includes
(1) A statement of findings and determinations on all material issues, including a determination as to whether each alleged violation has been proved;
(2) If a civil penalty is assessed, the amount of the penalty and the procedures for payment of the penalty, provided that the assessed civil penalty may not exceed the penalty proposed in the notice of probable violation; and
(3) If a compliance order is issued, a statement of the actions required to be taken by the respondent and the time by which such actions must be accomplished.
(d) Except as provided by Section 2074, an order issued under this section regarding an enforcement proceeding is considered final administrative action on that enforcement proceeding.
(e) The Office of the State Fire Marshal shall issue a final order under this section within 45 days of receipt of the case file. In cases where delay beyond that period is expected, notice of that fact and the date by which it is expected that action will be taken shall be issued to the respondent.
Note: Authority cited: Section 51018.6, Government Code. Reference: Section 51018.6, Government Code.
s 2074. Petitions for Reconsideration.
(a) A respondent may petition the Office of the State Fire Marshal for reconsideration of a final order issued under Section 2073. It is requested, but not required, that three copies be submitted. The petition must be received no later than 20 days after service upon the respondent of the final order. Petitions received after that time will not be considered. The petition must contain a brief statement of the complaint and an explanation as to why the effectiveness of the final order should be stayed.
(b) If the respondent requests the consideration of additional facts or arguments he must state the reasons they were not presented prior to issuance of the final order.
(c) The State Fire Marshal, does not consider repetitious information, arguments, or petitions.
(d) Unless the State Fire Marshal, otherwise provides, the filing of a petition under this section does not stay the effectiveness of the final order.
(e) The State Fire Marshal may grant or deny, in whole or in part, any petition for reconsideration without further proceedings. In the event the State Fire Marshal determines to reconsider a final order, he may issue a final decision on reconsideration without further proceedings, or he may provide such opportunity to submit comment or information and data as deemed appropriate.
(f) The State Fire Marshal, shall issue notice of the action taken on a petition for reconsideration within 20 days after receipt of the petition. In cases where delay beyond that period is expected, notice of that fact and the date by which it is expected that action will be taken shall be issued to the respondent.
Note: Authority cited: Section 51018.6, Government Code. Reference: Section 51018.6, Government Code.
s 2075. Payment of Penalty.
(a) Payment of a respondent of a civil penalty proposed, assessed, or compromised under this subpart must be made by certified check or money order payable to the Office of the State Fire Marshal. Except as provided by Section 2071, such payment is sent to the Office of the State Fire Marshal, 1131 S Street, Sacramento, CA 95814.
(b) If a respondent fails to pay the full amount of a civil penalty assessed in a final order issued under Section 2073 or make an offer in compromise to the assessed penalty as provided by paragraph (c) of this section within 20 days after receipt of the final order, the State Fire Marshal, may refer the case to the Attorney General with a request that an action to collect the assessed penalty be brought in the appropriate court to the extent permitted under State law.
(c) Within 20 days after the respondent's receipt of a final order assessing a civil penalty issued under Section 2073, the respondent may offer to compromise the assessed penalty by submitting in the manner required by paragraph (a) of this section, payment in the amount offered. The State Fire Marshal or his designee may accept or reject the compromise offer on behalf of the Office of the State Fire Marshal. If it is accepted, the respondent is notified in writing that the acceptance is in full settlement of the civil penalty action. If the compromise offer is rejected it will be returned to the respondent with written notification. Within 20 days after the respondent's receipt of such notification, payment of the full amount of the civil penalty assessed in the final order becomes due. The provisions of paragraph (b) of this section regarding court action for penalty collection apply upon failure of the respondent to pay the assessed penalty within that time period.
(d) If the respondent elects to make an offer in compromise to a civil penalty proposed in a notice of probable violation issued under Section 2070, he shall do so in accord with the procedures of Section 2071.
Note: Authority cited: Section 51018.6, Government Code. Reference: Section 51018.6, Government Code.
s 2200. Conflict of Interest Code for the State Fire Marshal.
Note: Authority cited: Section 87311, Government Code. Reference: Sections 87300, et seq., Government Code.
s 2300. Authority.
Chapter 16 of Division 1 of Title 19 of the California Code of Regulations is adopted by the State Fire Marshal under the authority of the California Oil Refinery and Chemical Plant Safety Preparedness Act of 1991 and Division 1, Part 1, Title 5, Section s 51025, et seq. of the Government Code of the State of California.
Note: Authority cited: Section 51025, Government Code. Reference: Sections 51020.5, 51021, 51021.5, 51022, 51024.5, 51025, 51025.2 and 51025.5, Government Code.
s 2301. Title.
These regulations shall be known as the "State Fire Marshal Oil Refinery and Chemical Plant Safety Preparedness Program (ORCP) Regulations," and shall constitute the basic standards under which the State Fire Marshal may conduct business and shall be referred to herein as "these regulations".
Note:Authority cited: Section 51025, Government Code. Reference: Sections 51020.5, 51021, 51021.5, 51022, 51024.5, 51025, 51025.2 and 51025.5, Government Code. (continued)