PURPOSE: This rule establishes requirements for the safe storage and handling of flammable and combustible liquids regulated by Chapter 414, RSMo.

Editor’s Note: The secretary of state has determined that the publication of this rule in its entirety would be unduly cumbersome or expensive. The entire text of the material referenced has been filed with the secretary of state. This material may be found at the Office of the Secretary of State or at the headquarters of the agency and is available to any interested person at a cost established by state law.

SUMMARY: The publication of the National Fire Protection Association (NFPA) entitled Manual No. 30 (1987) Flammable and Combustible Liquids Code addresses safe storage and handling requirements for flammable and combustible liquids, including bulk storage in tanks; piping systems and valves; warehousing of containers; incidental use and operations. NFPA Manual No. 30A (1987) entitled Automotive and Marine Service Station Code addresses general provisions for piping, fuel dispensing systems, stations inside buildings and operations. It also includes requirements for self-serve and unattended self-serve operations. NFPA Manual No. 70 (1984) entitled National Electrical Code addresses electrical safety requirements.

1. (1) All locations utilized for the sale or storage of petroleum products regulated by Chapter 414, RSMo shall meet the requirements of the NFPA Manual No. 30 entitled Flammable and Combustible Liquids Code, 1987 Edition. Existing plants, storage, storage equipment, buildings, structures and installations for the storage, handling or use of flammable or combustible liquids at any location which is not in strict compliance with the terms of this code may be continued in use, provided these do not constitute a distinct hazard to life or property. When the director determines that continued use will constitute a distinct hazard to life and property, s/he shall notify the owner or operator and specify the reason in writing and shall order the correction, discontinuance or removal of same.
2. (2) Should any portion of the 1987 Edition of NFPA Manual No. 30 be deemed unacceptable, rules will be promulgated within this chapter denoting and excepting those portions and adopting alternative provisions as deemed necessary by the director of the Department of Agriculture.
3. (3) New construction and new installations or major modifications made to any location shall be in conformity with the provisions of the 1987 Edition of NFPA Manual No. 30 entitled Flammable and Combustible Liquids Code.
4. (4) The director or his/her delegated representative shall have free access, at reasonable times, to any location utilized for the sale or storage of petroleum products regulated by Chapter 414, RSMo.
5. (5) No person shall hinder or obstruct the director or his/her delegated representative in the reasonable performance of his/her duties.
6. (6) All areas adjacent to storage containers containing products regulated by Chapter 414, RSMo shall be kept free of flammable and combustible materials (for example, tall grass, weeds, tires, wood, petroleum products, etc.).
7. (7) All storage containers, valves, piping, pumps and associated equipment shall be kept free of leaks.
8. (8) Each storage container shall have the product it contains identified clearly and conspicuously on the container.
9. (9) Storage tanks at automotive and marine locations which are at an elevation that produce a gravity head on the dispensing device shall comply with section 2-1.7 contained in NFPA Manual No. 30A entitled Automotive and Marine Service Station Code, 1987 Edition.
10. (10) Tanks storing products regulated by Chapter 414, RSMo shall not be permitted inside buildings except as permitted by section 2-4. contained in NFPA Manual No. 30 entitled Flammable and Combustible Liquids Code 1987 Edition and NFPA Manual No. 30A entitled Automotive and Marine Service Station Code, 1987 Edition.
11. (11) All electrical equipment shall comply with NFPA Manual No. 70 entitled National Electrical Code, 1987 Edition.
12. (12) Each loading and unloading connection to petroleum storage shall be identified with the petroleum product for which it is to be used.
13. (13) All tanks storing products regulated by Chapter 414, RSMo shall meet the requirements of NFPA Manual No. 30 entitled Flammable and Combustible Liquids Code, 1987 Edition.

AUTHORITY: section 414.142, RSMo (Cum. Supp. 1993).* This rule was previously filed as 2 CSR 90-30.010. Emergency rule filed Dec. 1, 1987, effective Jan. 1, 1988, expired March 1, 1988. Original rule filed Oct. 16, 1987, effective Feb. 11, 1988. Amended: Filed April 2, 1990, effective June 28, 1990. *Original authority 1987, amended 1993.