Kansas Administrative Regulations › Agency 22 - STATE FIRE MARSHAL › Article 7 - FLAMMABLE AND COMBUSTIBLE LIQUIDS › Section 22-7-8 - Retroactivity

Current through Register Vol. 43, No. 28, July 11, 2024
(a)
			 Kansas Fire Prevention Code regulations governing flammable and combustible
			 liquids shall apply uniformly at all new or existing establishments and
			 facilities in Kansas except as modified below. Requirements pertaining to
			 operational practices and use of containers shall apply and be enforced at all
			 new or existing establishments and facilities at or in which flammable or
			 combustible liquids are stored, handled or used as of the effective date of
			 these regulations.
(1) Physical installations
			 shall apply and be enforced at all establishments and facilities erected,
			 constructed, installed or first devoted to flammable or combustible liquid
			 storage, handling or use on or after the effective date of these regulations.
(2) Establishments and facilities
			 in existence prior to the effective date of these regulations shall comply with
			 the following minimum requirements.
(A) The
			 location or arrangement of buildings, tanks, platforms, docks, or spacing or
			 clearances between these installations or between these installations and
			 adjoining property lines, shall not be deemed to be distinctly hazardous and
			 may be continued. When reconstruction or modernization of any noncomplying
			 establishment or facility existing prior to the effective date of these
			 regulations is undertaken, the elimination or correction of such nonconformity
			 shall then be made in the course of such work.
(B) Lack of adequate emergency venting on any
			 above ground tank, or lack of an operable fire valve at any tank opening below
			 the liquid level on above ground tanks of more than 1,100 gallons or on any
			 size above ground tank used for refueling at a service station, is deemed to be
			 distinctly hazardous and shall be corrected or eliminated by no later than
			 January 1, 1994 in all tanks except for crude oil tanks in oil fields, or tanks
			 at refineries or marine or pipeline terminals.
(C) Lack of a liquid level gauge or a
			 suitable means to prevent tank overfilling with the availability of appropriate
			 conversion charts to determine the available capacity of a tank is deemed to be
			 distinctly hazardous, and such system or means shall be installed and operable
			 by no later than October 1, 1993.
(D) Lack of diking of existing above ground
			 tanks to contain a fuel spill of at least 110 percent to the capacity of the
			 largest tank is deemed to be distinctly hazardous, and such diking or
			 containment shall be installed which contains the product at a location away
			 from inhabited buildings or places of high value by no later than January 1,
			 1994.
(E) Lack of breakaway
			 devices on all dispenser hoses and the secure anchoring of dispensers is deemed
			 to be distinctly hazardous, and such shall be installed, anchored and operable
			 by no later than October 1, 1993.
(F) Lack of a properly installed fire valve
			 underneath a dispenser in a pressurized piping system is deemed to be
			 distinctly hazardous, and such device shall be installed immediately.
(G) Lack of a properly operating
			 solenoid valve installed adjacent to any tank installed at an elevation which
			 produces a gravity head on a dispensing device used to refuel vehicles and in
			 the piping serving any such dispenser is deemed to be distinctly hazardous, and
			 such valve shall be installed by no later than July 1, 1994, or at any prior
			 date when such piping or dispenser is modified or replace.
(H) Lack of a fire valve or vacuum-activated
			 anti-siphon valve installed underneath any suction type dispenser served by
			 above ground tanks at an elevation that produces a gravity head on a dispensing
			 device used to refuel vehicles is deemed to be distinctly hazardous, and either
			 a fire valve or anti-siphon vacuum activated valve shall be installed by no
			 later than July 1, 1994, or at any prior date when such piping or dispenser is
			 modified or replaced.
(I) Lack of
			 substantial collision protection at the end of dispenser islands is determined
			 to be distinctly hazardous, and such protection shall be provided no later than
			 January 1, 1994, or any prior date when dispenser island is modified or
			 upgraded.