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23.12.605    PROCESSES

(1) Chapters 40 through 42 of 2003 NFPA 1/UFC are adopted with the following exceptions and amendments:

(a) Section 42.2.1 Applicability is amended by adding the following statement at the end of the section: "For public automotive motor vehicle fuel-dispensing stations located in rural areas, see Chapter 42 of the 2003 NFPA 1/UFC";

(b) Section 42.2.1.2 General. When performed in the operation of a farm or ranch, or when approved by the chief, liquids used as fuels may be transferred from tank vehicles into the tanks of motor vehicles or special equipment, provided:

1. The tank vehicle's specific function is that of supplying fuel to motor vehicle fuel tanks;

2. The dispensing line does not exceed 50 feet (15,240 mm) in length;

3. The dispensing nozzle is an approved type;

4. The dispensing hose is properly placed on the approved reel or in a compartment provided before the tank vehicle is moved;

5. Signs prohibiting smoking or open flame within 25 feet (7620 mm) of a tank vehicle or the point of refueling are prominently posted on the tank vehicle;

6. Electrical devices and wiring in areas where fuel dispensing is conducted are in accordance with the Electrical Code;

7. Tank vehicle dispensing equipment is operated only by designated personnel who are trained to handle and dispense motor fuels; and

8. Provisions are made for controlling and mitigating unauthorized discharges.

(c) Section 42.2.2 Applicability is amended by referencing "Chapter 42 of the 2003 NFPA 1/UFC" at the end of the first exception;

(d) Section 42.2.2.1 Permits is not adopted;

(e) Section 42.2.3.2 General Requirements is amended by adding at the end of the section: "See 42.6";

(f) Section 42.2.3.2.2 is amended as follows: 42.2.3.2.2 Bulk plants.

1. Motor vehicle fuel-dispensing stations are not permitted at bulk plants which are not located in a rural area with the following exceptions:

(i) Existing bulk plants which are not located in rural areas if the motor vehicle fuel-dispensing dispensers were installed prior to February 9, 1996, and if the dispensers are in compliance with 2003 NFPA 1/UFC Section 42.2.2.5.

(ii) Storage tanks which are located at bulk plants in rural areas and which are constructed and installed in accordance 2003 NFPA 1/UFC Chapter 66 and Section 42.6.

2. Bulk plants located inside the districts defined as "rural" are permitted to incorporate motor vehicle fuel-dispensing stations. The motor vehicle fuel-dispensing stations shall be separated by a fence or similar barrier from the area in which bulk operations are conducted and in accordance with Section 42.6;

(g) Section 42.2.5.1 Scope is amended by adding the following statement at the end of the section: "For public automotive motor vehicle fuel-dispensing stations located in rural areas, see section 42.6";

(h) Section 42.2.5.8 Vapor Recovery is not adopted;

(i) Section 42.2.7.2.1 Inventory Control is amended by adding the following exception to the existing section (which is unchanged): EXCEPTION: Other leak detection methods as approved by the Montana Department of Environmental Quality UST program are acceptable; and

(j) Section 42.2.7.11 Unsupervised Dispensing is amended by requiring the sign to provide an "EMERGENCY" telephone number rather than a "Fire Department" telephone number;

(k) Section 42.6 is added to the 2003 fire code:

 

Section 42.6 Rural Motor Vehicle Fuel - Dispensing Stations

 

SECTION 42.6 GENERAL

 

42.6.1 Scope. Public automotive motor vehicle fuel-dispensing stations located in rural areas, including publicly accessible operations but excluding farms and ranches, shall be in accordance with 2003 NFPA 1/UFC Chapters 42 and 66. Private operations, other than farms and ranches, shall comply with Chapter 42. Flammable and combustible liquids and LP-gas shall also be in accordance with Chapters 66 and 69.

42.6.2 Definitions. For definitions of BULK PLANT or TERMINAL, CNG, COMBUSTIBLE LIQUID, FLAMMABLE LIQUID and MOTOR VEHICLE FUEL-DISPENSING STATION, see Chapter 3. For the definition of RURAL AREA, see ARM 23.12.603.

42.6.3 Plans.

42.6.3.1 Plans submittal. Plans shall be submitted in accordance with Section 42.2.2.2 for public automotive motor vehicle fuel-dispensing stations located in rural areas.

42.6.3.2 Plans and specifications submittal. Plans and specifications shall be submitted for review and approval prior to the installation or construction of a public automotive motor vehicle fuel-dispensing station located in a rural area. A site plan shall be submitted which illustrates the location of flammable liquid, LP-gas, or CNG storage vessels, and their spatial relation to each other, property lines, and building openings. Both aboveground and underground storage vessels shall be shown on plans. For each type of station, plans and specifications shall include, but not be limited to, the following:

1. Plans, blueprints, or drawings for the renovation or construction of a public automotive motor vehicle fuel-dispensing station located in a rural area that utilizes aboveground storage of flammable or combustible liquids, or both, must be submitted to the Fire Prevention and Investigation Program (FPIP) by registered receipt mail for approval before beginning construction. The FPIP shall approve or deny the plans within 50 calendar days or they are automatically considered approved.

42.6.3.3 Prior to the proposed renovation or construction of a public automotive motor vehicle fuel-dispensing station located in a rural area, an applicant shall obtain a letter of approval from the local fire official responsible for fire protection. This letter and two sets of plans, blueprints, or drawings shall be submitted to the Fire Prevention and Investigation Program for examination and approval.

42.6.4 Liquefied Petroleum Gas (LPG). See Section 42.5.2.

42.6.5 Compressed Natural Gas (CNG). See Section 42.5.1.

42.6.6 Dispensing operations shall comply with the provisions of Section 42.2.5 and 42.2.6.

42.6.7 Spill Control, Drainage Control, and Secondary Containment. Spill control and secondary containment shall be provided in accordance with Section 42.2.3.3.2.8.

42.6.7.1 Leaking Aboveground Storage Tanks. A leaking tank shall be reported to the local fire official and the department and may be replaced with an approved tank of the same volume without prior written approval as required in 42.6.3.3. Subsequent inspection and approval shall be made by the local fire official.

History: 50-3-102, MCA; IMP, 50-3-102, 50-3-103, MCA; NEW, 1996 MAR p. 439, Eff. 2/9/96; AMD, 1999 MAR p. 2860, Eff. 12/17/99; AMD, 2004 MAR p. 728, Eff. 3/26/04; TRANS, from ARM 23.7.306, 2008 MAR p. 1467, Eff. 7/18/08.

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