PURPOSE: This rule establishes requirements for the specifications, installation, use and tolerances of measuring devices.

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 Institute of Standards and Technology (NIST) entitled Handbook 44 contains specifications, tolerances and other technical requirements for weighing and measuring devices. The purpose of these requirements is to remove from service any device that is false, that is of faulty construction or that facilitates the perpetration of fraud. 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) Automotive and Marine Service Station Code addresses general provisions for piping, fuel dispensing systems, stations inside buildings and operations. It also 2 CSR 90-30

includes requirements for self-serve and unattended self-serve operations. NFPA Manual No. 70 (1984) National Electrical Code addresses electrical safety requirements.

1. (1) Each location dispensing products regulated by Chapter 414, RSMo shall have a measuring device for each product dispensed.
2. (2) All measuring devices shall be installed in locations easily accessible for testing, inspection and maintenance purposes.
3. (3) The director shall order any device installed in a manner not accessible for testing, inspection and maintenance to be corrected, discontinued from use or removed.
4. (4) Each measuring device used in the sale of petroleum products regulated by Chapter 414, RSMo shall meet the requirements contained in the current edition of NIST Handbook 44, National Fire Protection Association (NFPA) Manual No. 30A, 1987 Edition and be installed and maintained as recommended by the device manufacturer.
5. (5) At least every six (6) months, the director shall test and inspect the measuring devices used by any person selling an average of two hundred (200) or more gallons of gasoline, gasoline-alcohol blends, diesel fuel, heating oil, kerosene or aviation turbine fuel each month at either retail or wholesale in this state except marinas, which shall be tested and inspected at least once each year.
6. (6) The meter of each dispensing device shall be sealed with an official state security seal applied by the director or his/her delegated representative. No person shall break or tamper with any official state security seal without the consent of the director or his/her delegated representative except for repair or replacement of that device, at which time notification is to be given to the director within five (5) days.
7. (7) No person, except the director or his/her delegated representative, shall duplicate the state seal of Missouri to be used for sealing or applying seals to any measuring device dispensing products regulated by Chapter 414, RSMo.
8. (8) Each retail measuring device shall display unit price and product identity on the face of the device as required in 2 CSR 90-30.040 and the current edition of NIST Handbook 44.
9. (9) A container or storage shall be provided by the owner or operator of the device for storage of the fuel dispensed during the device test. The container or storage must comply with the requirements of NFPA Manual No. 30, 1987 Edition.
10. (10) Each measuring device dispensing products regulated by Chapter 414, RSMo shall be free of leaks; the dispensing hose shall be in a condition as to prevent a hazard of leaking or bursting; and electrical wiring shall meet requirements as contained in NFPA Manual No. 70, 1984 Edition.
11. (11) Each measuring device shall be equipped with an effective vapor eliminator or other means automatic in operation to prevent the passage of vapor and air through the meter. Vent lines from the air or vapor eliminator shall be made of metal or some similar other suitable rigid material.
12. (12) Size of Nozzle Spout for Dispensing Motor Fuels. Each dispensing device from which gasoline or other motor fuel that contains lead or phosphorus is sold shall be equipped with a nozzle spout having a terminal end with an outside diameter of not less than ninety-three hundredths inch (0.93") (two and three hundred sixty-two thousandths centimeters (2.362 cm)). A gasoline or other motor fuel is considered to contain lead or phosphorus if it contains more than five hundredths (0.05) grams lead per United States gallon (thirteen thousandths (0.013) grams lead per liter) or more than five thousandths (0.005) grams phosphorus per United States gallon (thirteen ten thousandths (0.0013) per liter).
13. (13) Any measuring device that does not meet the requirements of this rule shall be ordered corrected, discontinued or removed.
14. (14) No person shall hinder or obstruct the director or his/her delegated representative in the reasonable performance of his/her duties.
15. (15) No person shall break, tamper with, reproduce, remove or deface any official state seal, decal, tag, lock, label, form or equipment.
16. (16) If the design, construction or location of any device is such as to require a testing procedure involving special equipment or accessories or an abnormal amount of labor, the equipment, accessories and labor shall be supplied by the owner or operator of the device as required by the weights and measures official.
17. (17) A listed rigidly anchored emergency shut-off valve (fire-impact) incorporating a fusible link or other thermally actuated device designed to close automatically in the event of severe impact or fire exposure shall be installed in accordance with the manufacturer’s instructions in the supplyline at the base of each island-type pump or dispenser or at the inlet of each overhead dispensing device. An emergency shut-off valve incorporating a slip joint feature shall not be used.

AUTHORITY: section 414.142, RSMo (Cum. Supp. 1993).* This rule was previously filed as 2 CSR 90-30.020. 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. Amended: Filed April 14, 1994, effective Sept. 30, 1994. *Original authority 1987, amended 1993.