The employer shall ensure compliance with the following requirements:

1. (a) Flammable liquids shall be stored only in closed flammable liquid containers, or safety cans designed for that purpose in accordance with size specifications set forth in Table 1400.1;

   Table 1400.1 - Allowable Container Size.

   Container Type

   Category I: Flashpoint below 73.4 °F with boiling point at or below 95 °F

   Category II: Flashpoint below 73.4 °F and boiling point above 95 °F

   Category III: Flashpoint at or above 73.4 °F and at or below 140 °F

   Category IV: Flashpoint above 140 °F and at or below 199.4 °F

   Glass or Plastic

   1 pint

   1 quart

   1 gallon

   1 gallon

   Metal

   1 gallon

   5 gallon

   5 gallon

   5 gallon

   Safety Cans

   2 gallon

   5 gallon

   5 gallon

   5 gallon

   Portable Tank

   660 gallon

   660 gallon

   660 gallon

   660 gallon

2. (b) Notwithstanding Table 1400.1, glass or plastic containers of 1 gallon or less may be used for flammable liquids with a flashpoint below 73.4 °F and boiling point at or below 95 °F or flashpoint below 73.4 °F and boiling point above 95 °F only if the flammable liquid would be rendered unfit for intended use by contact with metal or would corrode a metal container and cause leakage;
3. (c) Portable containers in excess of one gallon capacity shall have a self-closing lid and a pressure relief device;
4. (d) Flammable liquid containers and safety cans shall be conspicuously labeled or marked so as to clearly identify contents and prevent incompatible storage;
5. (e) Flammable liquids with flashpoints below 73.4 °F or with boiling points at or below 95 °F may be stored outside a flammable storage cabinet in amounts that do not exceed 25 gallons or 120 gallons for flammable liquids that have flashpoints below 73.4 °F and boiling points above 95 °F. All other flammable liquids shall be stored in flammable storage cabinets;
6. (f) Flammable storage cabinets shall be fire resistant and conspicuously labeled in bold lettering: “Flammable – Keep Fire Away”;

7. (g) Any flammable storage container made of metal shall:

   1. (1) Be constructed of double walled 18-gauge sheet iron with 1 ½ inch air space;
   2. (2) Have joints that are riveted, welded, or made tight by equally effective means; and
   3. (3) Have a 3-point lock on the door, with the door sill raised at least 2 inches above the bottom of the cabinet;

8. (h) Any flammable storage containers made of wood shall:

   1. (1) Be constructed of exterior grade plywood at least 1 inch in thickness;
   2. (2) Have joints that are rabbeted and fastened in 2 directions with flathead screws;
   3. (3) Have a rabbeted overlap of no less than 1 inch when more than one door is used; and
   4. (4) Mount hinges in a manner such that holding capacity is not lost due to loosening or burning out of screws when subject to fire testing;
9. (i) No more than 60 gallons of flammable liquids shall be stored in a flammable storage cabinet, except for those flammable liquids with a flashpoint above 140 F and at or below 200 F, of which no more than 120 gallons may be stored in a flammable storage cabinet;
10. (j) No more than 3 storage cabinets shall be located in any singular indoor storage room or area;
11. (k) Flammable and combustible liquids shall be drawn from or transferred into containers only through a closed piping system, by means of a device drawing through the top, or by gravity through a self-closing valve. Transferring by means of air pressure shall be prohibited;
12. (l) Precautions shall be taken to prevent the ignition of flammable vapors;
13. (m) Safety data sheets shall be used to identify flammable liquids incompatible with one another for storage. Precaution shall be taken to isolate or separate incompatible flammable liquids when storing them;
14. (n) Employers shall maintain safety data sheets in the manner and timeframe as specified by RSA 277-A:5;
15. (o) Automatic overhead extinguishers or portable fire extinguishers shall be available at locations where flammable or combustible liquids are stored;
16. (p) Conspicuous and legible signs prohibiting smoking shall be posted in service and refueling areas and areas where flammable or combustible liquids are stored;
17. (q) A portable fire extinguisher designated at least 6# BC shall be located within 75 feet of any refueling area;
18. (r) Flammables such as draperies, curtains, area rugs, and other similar furnishings and decorations in educational facilities shall not be permitted unless treated with fire-retardant coatings;
19. (s) Artwork and teaching materials in educational facilities shall be permitted to be attached directly to walls. Such materials shall not exceed 20 percent of the wall area in buildings not protected throughout, in accordance with RSA 153:1, VI-a, by a supervised automatic sprinkler system approved by the state fire marshal and 50 percent of the wall area in buildings protected throughout by a supervised automatic sprinkler system approved by the state fire marshal;
20. (t) Outdoor storage of containers and portable tanks shall be maintained 20 or more feet away from any building;
21. (u) Piles of containers stored outdoors shall not exceed 1,100 gallons per pile with groups of containers separated by 5-foot clearance; and
22. (v) Outdoor storage areas for containers and portable tanks shall be kept clear and free of weeds, debris, and flammable and combustible materials not necessary to the storage.

Source. #4118 eff 8-22-86, EXPIRED: 8-22-92 New. #6684, eff 2-4-98, EXPIRED: 2-4-06 New. #8606, INTERIM, eff 4-12-06, EXPIRED: 10-09-06 (formerly Lab 1403.33) New. #8796, eff 1-11-07; ss by #10809, eff 4-9-15; ss by #14431, eff 11-22-25, EXPIRES: 11-22-35