reglab/statecodes huggingface dataset:
North Dakota Administrative Code › Title 69 - Public Service Commission › Article 69-09 - Public Utility Division › Chapter 69-09-12 - Resource Plans and security › Section 69-09-12-05 - security

Current through Supplement No. 393, July, 2024
1. An electric public utility shall meet with
				the commission annually to report on security preparedness.
2. The report must provide:
a. Information on the policies, procedure,
				and process used to inform the management of security risk;
b. Information on any critical technology,
				constraints related to procurement, supply chain risk, impact of compromise to
				the supply chain, and controls to manage risk associated with dependency on
				external entities;
c. An assessment
				of emerging threats and efforts taken by the electric public utility to
				implement security measures;
d. A
				description of the process used to support compliance with applicable
				standards, laws, regulations, and best practices;
e. A description of the policies and
				protections used to ensure the security of information and operational systems
				and safeguard against loss of confidential information;
f. Information on activities to monitor,
				detect, and analyze information related to security threats;
g. Information on the systems used for
				collaboration and communication of information and intelligence
				sharing;
h. Information on
				activities used to address a detected security incident, contain impacts, limit
				potential damage, and manage consequences of a security incident;
i. Information on any plans to maintain
				resilience and business continuity, timely recovery to normal operations, and
				corrective actions after occurrence of an incident;
j. Information or plans for asset sharing
				with other electric public utilities and electrical cooperatives to maintain
				services in the event of a security incident; and
k. Information on tabletop and field training
				exercises regarding security.
North Dakota Administrative Code › Title 69 - Public Service Commission › Article 69-10 - esting and Safety › Chapter 69-10-01 - Weights and Measures - General › Section 69-10-01-01 - Definitions

Current through Supplement No. 393, July, 2024
As used in
				  article 69-10:
1. "Audit trail" means an electronic count or
				information record of the changes to the values of the calibration or
				configuration parameters of a device.
2. "Automatic bulk weighing system" means a
				weighing system adapted to the automatic weighing of bulk commodities in
				successive drafts or predetermined amounts, automatically recording the no-load
				and loaded weight values, and accumulating the net weight of each
				draft.
3. "Batching scale" means a
				noncommercial weighing or measuring device used to determine, in part, the
				amount of an ingredient in a finished, manufactured commodity.
4. "Certify" means to seal, if upon testing
				and inspection, a weighing or measuring device is within the permitted
				tolerance and properly installed.
5. "Commerce" means the distribution or
				consumption of quantities, things, produce, commodities, or articles which may
				be offered or submitted by any person for sale or hire.
6. "Commercial weighing and measuring device"
				includes:
a. A weighing or measuring device
				commercially used or employed in establishing size, quantity, extent, area, or
				measurement of quantities, things, produce, or articles for distribution or
				consumption, purchased, offered, or submitted for sale, hire, or award, or in
				computing any basic charge or payment for services rendered on the basis of
				weight or measure; and
b. An
				accessory attached to or used in connection with a commercial weighing or
				measuring device when such accessory is so designed or installed that its
				operation affects the accuracy of the device.
North Dakota Administrative Code › Title 69 - Public Service Commission › Article 69-10 - esting and Safety › Chapter 69-10-01 - Weights and Measures - General › Section 69-10-01-02 - Installation by other than a registered service person

Current through Supplement No. 393, July, 2024
A person, other than a registered service person, who
				  installs a commercial weighing or measuring device must report the installation
				  to the commission within seven working days from the day the installation was
				  completed. The device must then be certified by a weights and measures
				  inspector or a registered service person before the device can be used in
				  commerce.
General Authority:
NDCC 64-02-03
Law Implemented:
NDCC 64-02-02,
					 64-02-13
North Dakota Administrative Code › Title 69 - Public Service Commission › Article 69-10 - esting and Safety › Chapter 69-10-01 - Weights and Measures - General › Section 69-10-01-02.1 - Certification

Current through Supplement No. 393, July, 2024
A weighing and measuring device may only be certified for
				  commercial use by the commission or a registered service person. Certification
				  must take place at the location of intended use unless the device is otherwise
				  designed, in which case the device must be tested by the commission or a
				  registered service company at the location of intended use within fifteen
				  months of its installation. The commission may certify a weighing or measuring
				  device by actual testing of the device, or by witnessing the test.
General Authority:
NDCC 64-02-03
Law Implemented:
NDCC 64-02-02,
					 64-02-13
North Dakota Administrative Code › Title 69 - Public Service Commission › Article 69-10 - esting and Safety › Chapter 69-10-01 - Weights and Measures - General › Section 69-10-01-02.2 - Repair and calibration

Current through Supplement No. 393, July, 2024
A commercial weighing and measuring device may only be
				  repaired, tested, calibrated, and placed into commercial service by a
				  registered service person, or tested and adjusted, as allowed by law, and
				  certified for commercial service by the commission, whichever is applicable.
General Authority: NDCC
					 64-02-03
Law Implemented: NDCC
					 64-02-02,
					 64-02-13
North Dakota Administrative Code › Title 69 - Public Service Commission › Article 69-10 - esting and Safety › Chapter 69-10-01 - Weights and Measures - General › Section 69-10-01-02.3 - Device recertification

Current through Supplement No. 393, July, 2024
The commission or a registered service person may inspect,
				  test, and calibrate a commercial weighing or measuring device annually. The
				  owner of any commercial weighing or measuring device is responsible for its
				  accuracy and must have it tested once every fifteen months. The commission may
				  extend the fifteen-month certification interval up to twenty-four
				  months.
General Authority:
NDCC 64-02-03
Law Implemented:
NDCC 64-02-02,
					 64-02-13
North Dakota Administrative Code › Title 69 - Public Service Commission › Article 69-10 - esting and Safety › Chapter 69-10-01 - Weights and Measures - General › Section 69-10-01-03 - Certifying and sealing

Current through Supplement No. 393, July, 2024
1. A
				weighing or measuring device used in commerce must be certified and sealed. A
				security seal must be installed where applicable, to prevent or indicate
				unauthorized adjustments to the calibration of the device. If a security seal
				is unable to be installed, the device must be equipped with an audit trail. The
				audit trail number must be recorded on the test report.
2. A security seal must:
a. Be registered with the
				commission;
b. If utilizing
				crimpable or lead wire type, contain the year in which the security seal was
				applied on one side and the initials of the registered service company
				certifying the device on the other side;
c. If utilizing a pressure-sensitive adhesive
				sticker, contain the name of the registered service company certifying the
				device, the word "sealed", and a place to write the year of installation;
				and
d. If utilizing a plastic and
				wire pressure-sensitive seal, contain the company's name or initials and a
				unique numeric serial number.
North Dakota Administrative Code › Title 69 - Public Service Commission › Article 69-10 - esting and Safety › Chapter 69-10-01 - Weights and Measures - General › Section 69-10-01-03.1

Current through Supplement No. 393, July, 2024
General Authority: NDCC
					 64-02-03
Law Implemented: NDCC
					 64-02-02,
					 64-02-13
North Dakota Administrative Code › Title 69 - Public Service Commission › Article 69-10 - esting and Safety › Chapter 69-10-01 - Weights and Measures - General › Section 69-10-01-03.2 - Equipment repair notice - Applicable usage

Current through Supplement No. 393, July, 2024
An equipment repair notice tag defaults to a rejection seal
				  if the device is not repaired or modified to a compliant state within sixty
				  days. An equipment repair notice tag may be used in the following
				  circumstances:
1. During the period
				any one of the following is pending:
a.
				Response to a variance permit request;
b. Completion of design requirements;
				or
c. Repair of required peripheral
				equipment;
North Dakota Administrative Code › Title 69 - Public Service Commission › Article 69-10 - esting and Safety › Chapter 69-10-01 - Weights and Measures - General › Section 69-10-01-04.1 - Variance permit requests

Current through Supplement No. 393, July, 2024
The operator of any commercial weighing or measuring device,
				  other than an operator seeking a split-weigh variance permit under section
				  69-10-01-04.2,
				  may make written request for a variance permit from the commission under North
				  Dakota Century Code section 64-02-02. The request for a variance permit must
				  contain:
1. The name, address, and
				telephone number of the business making the request along with the name of its
				contact person and the reason for the request;
2. A plan for compliance over a period not to
				exceed one hundred eighty days if the variance permit request results from a
				rejection; or, a plan for compliance over a period not to exceed five years if
				the variance request results from economic hardship;
3. The manufacturer's name, type, location,
				serial number, class, deck length, and capacity of the device;
4. The maximum amount that will be weighed on
				the device, along with a certified letter from an engineer or competent scale
				engineering authority certifying that operating the device at that weight will
				not constitute a safety hazard (if applying for a variance permit that will
				allow a device to be used beyond its rated sectional or concentrated load
				capacity); and
5. Detailed
				information showing that compliance with specific regulations will cause
				economic hardship (if applicable to the variance permit request) and must
				include:
a. Specific details on how adhering
				to current laws and rules places an economic hardship on the
				operation;
b. Itemized list of
				costs associated with adhering to current laws and rules; and
c. Any additional information requested by
				the commission.
A variance permit granted by the commission is a temporary
				  variance permit and does not become permanent until sufficient time to conclude
				  inspection and testing (usually two years) has elapsed. A notice of the
				  variance permit must be conspicuously posted on the device during the time the
				  temporary variance permit is in effect. An owner or operator shall reapply for
				  the variance permit prior to the current variance permit expiration
				  date.
North Dakota Administrative Code › Title 69 - Public Service Commission › Article 69-10 - esting and Safety › Chapter 69-10-01 - Weights and Measures - General › Section 69-10-01-04.2 - Split-weigh variance permit requests

Current through Supplement No. 393, July, 2024
The operator of any motor truck or motor truck dump scale
				  installed after April 1, 1965, may make written request for a permanent
				  split-weigh variance permit from the commission under North Dakota Century Code
				  section 64-02-02. The request for a variance permit must contain:
1. The name, address, and telephone number of
				the business making the request along with the name of its contact person and
				the reason for the request;
2. The
				manufacturer's name, type, location, deck length, serial number, and capacity
				of the device;
3. The maximum
				amount of weight that will be placed upon the device at any time during the
				split-weighing operation. If that maximum weight exceeds the rated sectional
				capacity or concentrated load capacity of the device, the applicant must also
				include a letter from an engineer or competent scale engineering authority
				certifying that operating the device at that weight will not constitute a
				safety hazard;
4. The maximum
				distance between the front and rear outer axles of the vehicle or
				coupled-combination vehicle that will be split-weighed;
5. A statement in the variance permit request
				certifying that each axle of the vehicle or each axle of the
				coupled-combination vehicle will rest on a smooth straight surface, in the same
				plane with, and not to exceed one-third inch [8.47 millimeters] per foot [30.48
				centimeters] out of level with, the scale deck during the split-weighing
				operation;
6. A statement in the
				variance permit request agreeing to the following procedures to be observed
				during the split-weighing operation:
a. Use of
				the vehicle brakes is prohibited;
b. The vehicle transmission must be in
				neutral; and
c. Chocking of the
				vehicle's wheels should be discouraged; and
North Dakota Administrative Code › Title 69 - Public Service Commission › Article 69-10 - esting and Safety › Chapter 69-10-01 - Weights and Measures - General › Section 69-10-01-05 - Rejected devices

Current through Supplement No. 393, July, 2024
Once a weighing or measuring device has been rejected, the
				  device may not be used in commerce. A device that is rejected for repair must
				  be modified or repaired by a registered service person within thirty days of
				  the date it was rejected. The commission may install a security seal on the
				  device to prevent its use until the device has been retested and certified or a
				  variance permit has been granted.
General Authority:
NDCC 64-02-03
Law Implemented:
NDCC 64-02-02,
					 64-02-13
North Dakota Administrative Code › Title 69 - Public Service Commission › Article 69-10 - esting and Safety › Chapter 69-10-01 - Weights and Measures - General › Section 69-10-01-05.1 - Inactive weighing or measuring devices

Current through Supplement No. 393, July, 2024
An inactive commercial weighing or measuring device unused
				  or tagged "not sealed" for longer than one year, must meet all current state
				  laws and rules before it may be retested and certified, unless the operator
				  receives a variance permit allowing for the use of the device.
General Authority: NDCC
					 28-32-02,
					 64-02-03
Law Implemented: NDCC
					 64-02-02,
					 64-02-04
North Dakota Administrative Code › Title 69 - Public Service Commission › Article 69-10 - esting and Safety › Chapter 69-10-01 - Weights and Measures - General › Section 69-10-01-06.1 - Liquefied petroleum gas meters - Temperature compensation

Current through Supplement No. 393, July, 2024
All sales of liquefied petroleum gas in a liquid state must
				  be made through a meter having an automatic temperature compensator. The
				  compensator must be connected, operable, and in use at all times.
General Authority:
NDCC 64-02-03
Law Implemented:
NDCC 64-02-02,
					 64-02-03
North Dakota Administrative Code › Title 69 - Public Service Commission › Article 69-10 - esting and Safety › Chapter 69-10-01 - Weights and Measures - General › Section 69-10-01-08 - Assisting inspector

Current through Supplement No. 393, July, 2024
When requested, the owner or operator of any commercial
				  weighing or measuring device shall supply access and assistance to a weights
				  and measures inspector in movement of the test weights to and from and on and
				  off the scale for testing purposes, or for returning liquids to aboveground or
				  belowground storage tanks. Failure to provide inspector access and assistance
				  in a timely manner may be grounds for sealing the device as a "noncommercial
				  device".
General Authority:
NDCC 64-02-03
Law Implemented:
NDCC 64-02-02,
					 64-02-13
North Dakota Administrative Code › Title 69 - Public Service Commission › Article 69-10 - esting and Safety › Chapter 69-10-01 - Weights and Measures - General › Section 69-10-01-09.1 - Bulk liquid fuel meters - Retail sales

Current through Supplement No. 393, July, 2024
Meters designed for bulk loading use may not be used for
				  retail fuel sales without first obtaining a variance from the commission, which
				  may be granted for no longer than six months.
General Authority: NDCC
					 64-02-03
Law Implemented: NDCC
					 64-02-02,
					 64-02-13
North Dakota Administrative Code › Title 69 - Public Service Commission › Article 69-10 - esting and Safety › Chapter 69-10-01 - Weights and Measures - General › Section 69-10-01-09.2 - Bulk liquid fuel meters - Marking

Current through Supplement No. 393, July, 2024
A bulk liquid fuel meter used in commerce and not marked
				  from the manufacturer with the liquid to be measured must be sealed with a tag
				  indicating the product for which the meter is designed to deliver, or the
				  liquid used to certify the meter if other than the design liquid.
General Authority: NDCC
					 64-02-03
Law Implemented: NDCC
					 64-02-02,
					 64-02-13
North Dakota Administrative Code › Title 69 - Public Service Commission › Article 69-10 - esting and Safety › Chapter 69-10-01 - Weights and Measures - General › Section 69-10-01-09.3 - Bulk liquid fuel meters - Design use

Current through Supplement No. 393, July, 2024
A bulk liquid fuel meter may not be used for the commercial
				  delivery of any liquid fuel that is not substantially similar in physical
				  properties to the liquid fuel for which it was designed, tested, and certified.
General Authority: NDCC
					 64-02-03
Law Implemented: NDCC
					 64-02-02,
					 64-02-13
North Dakota Administrative Code › Title 69 - Public Service Commission › Article 69-10 - esting and Safety › Chapter 69-10-01 - Weights and Measures - General › Section 69-10-01-10 - Examination of records

Current through Supplement No. 393, July, 2024
The commission may obtain copies of, and examine any weigh
				  ticket, weigh receipt, meter printer ticket, or any other record of sale
				  resulting from the operation of any commercial weighing or measuring device.
General Authority: NDCC
					 64-02-03
Law Implemented: NDCC
					 64-02-02,
					 64-02-13
North Dakota Administrative Code › Title 69 - Public Service Commission › Article 69-10 - esting and Safety › Chapter 69-10-01 - Weights and Measures - General › Section 69-10-01-10.1 - Retention of records

Current through Supplement No. 393, July, 2024
A record of a sale such as a weigh ticket, weigh receipt,
				  meter printer ticket, or any other record resulting from the operation of any
				  commercial weighing or measuring device must be maintained on file at the place
				  of sale for a period of not less than two years from the date of sale.
General Authority: NDCC
					 64-02-03
Law Implemented: NDCC
					 64-02-02,
					 64-02-13
North Dakota Administrative Code › Title 69 - Public Service Commission › Article 69-10 - esting and Safety › Chapter 69-10-01 - Weights and Measures - General › Section 69-10-01-11 - Device adjustments

Current through Supplement No. 393, July, 2024
Weights and measures inspectors may not make adjustments to a
				  commercial weighing or measuring device other than to zero a device or adjust
				  the level on certain counter, dormant, and platform scales.
General Authority:
NDCC 64-02-03
Law Implemented:
NDCC 64-02-02,
					 64-02-13
North Dakota Administrative Code › Title 69 - Public Service Commission › Article 69-10 - esting and Safety › Chapter 69-10-01 - Weights and Measures - General › Section 69-10-01-12 - Sale of anhydrous ammonia

Current through Supplement No. 393, July, 2024
The sale of anhydrous ammonia after January 1, 1999, on any
				  basis other than by certified scale or certified meter by any new or newly
				  expanded anhydrous ammonia dealer is prohibited.
General Authority: NDCC
					 64-02-03
Law Implemented: NDCC
					 64-02-02,
					 64-02-13
North Dakota Administrative Code › Title 69 - Public Service Commission › Article 69-10 - esting and Safety › Chapter 69-10-01 - Weights and Measures - General › Section 69-10-01-13 - Enforcement

Current through Supplement No. 393, July, 2024
An operator of a commercial weighing and measuring device
				  shall ensure that the device is designed, constructed, operated, and maintained
				  to meet applicable standards in the North Dakota Century Code and the North
				  Dakota Administrative Code. The commission may require proof of compliance. The
				  commission may file a complaint for noncompliance, and, in addition to other
				  appropriate sanctions, assess civil penalties under North Dakota Century Code
				  chapter 49-07 after notice and opportunity for hearing on the complaint.
General Authority:
NDCC 49-07, 64-02-03
Law Implemented:
NDCC 64-02-02,
					 64-02-13
North Dakota Administrative Code › Title 69 - Public Service Commission › Article 69-10 - esting and Safety › Chapter 69-10-01 - Weights and Measures - General › Section 69-10-01-14 - Inspection and testing accessibility

Current through Supplement No. 393, July, 2024
A commercial weighing or measuring device must be installed
				  so that it is easily accessible for inspection and testing.
General Authority: NDCC
					 64-02-03
Law Implemented: NDCC
					 64-02-02,
					 64-02-13
North Dakota Administrative Code › Title 69 - Public Service Commission › Article 69-10 - esting and Safety › Chapter 69-10-01 - Weights and Measures - General › Section 69-10-01-15 - Devices removed from service

Current through Supplement No. 393, July, 2024
When a commercial weighing or measuring device is removed
				  from service, a weights and measures inspector shall affix a noncommercial
				  device seal to the device. A device that is sealed as a "noncommercial device"
				  must not be used in commerce. A registered service person shall notify the
				  commission in writing within seven working days when a device is removed from
				  commercial service.
General Authority:
NDCC 64-02-03
Law Implemented:
NDCC 64-02-02,
					 64-02-13
North Dakota Administrative Code › Title 69 - Public Service Commission › Article 69-10 - esting and Safety › Chapter 69-10-01 - Weights and Measures - General › Section 69-10-01-16 - Service contracts

Current through Supplement No. 393, July, 2024
Registered service companies shall notify the commission of
				  any service contract that provides for annual certification of a commercial
				  device. Notification must be given no later than thirty days from the date of
				  the verbal or written contract. Commercial devices under service contract that
				  have not been tested within twelve months may be scheduled for testing by the
				  commission.
General Authority: NDCC
					 64-02-03
Law Implemented: NDCC
					 64-02-02,
					 64-02-13
North Dakota Administrative Code › Title 69 - Public Service Commission › Article 69-10 - esting and Safety › Chapter 69-10-01 - Weights and Measures - General › Section 69-10-01-17 - Manufacturer design deviations and limitations

Current through Supplement No. 393, July, 2024
Deviations from the manufacturer's design, installation
				  specifications, intended application, or established limits applicable to any
				  commercial weighing or measuring device are not permitted without approval from
				  the manufacturer's engineering authority and a variance permit granted by the
				  commission.
General Authority: NDCC
					 64-02-03
Law Implemented: NDCC
					 64-02-02,
					 64-02-13
North Dakota Administrative Code › Title 69 - Public Service Commission › Article 69-10 - esting and Safety › Chapter 69-10-02 - Scales › Section 69-10-02-01 - Livestock scales - Specifications

Current through Supplement No. 393, July, 2024
A commercial livestock scale must be equipped with a type
				  registering print device, and the value of the minimum graduated interval must
				  not be greater than five pounds [2.27 kilograms], provided, however, that for
				  scale capacities in excess of fifty thousand pounds [22679.6 kilograms] the
				  scale may indicate and record in ten-pound [4.54-kilogram] divisions. A scale
				  rack on a livestock scale must be securely mounted on the scale platform, with
				  adequate clearance between the outside of the rack and other obstructions. The
				  steel yard or beam rod must be connected directly to the transverse lever.
General Authority: NDCC
					 64-02-03
Law Implemented: NDCC
					 64-02-02,
					 64-02-13
North Dakota Administrative Code › Title 69 - Public Service Commission › Article 69-10 - esting and Safety › Chapter 69-10-02 - Scales › Section 69-10-02-02 - Livestock scales - Installation

Current through Supplement No. 393, July, 2024
All livestock scales must be installed so as to permit ready
				  access for large capacity testing equipment. At the one end of a livestock
				  scale there must be a straight concrete approach the full width of the scale
				  platform, in the same plane as the scale platform and equal in length to the
				  width of the scale platform in order to provide a clean and level area for the
				  purpose of unloading test weights used in testing the scale. Provisions must be
				  made to allow the test truck to back up to the approach by providing an
				  entrance of adequate height and width to enable the test truck to be reasonably
				  level when weights are unloaded. A livestock scale newly constructed after July
				  1, 1993, must have a minimum entrance and approach width and height of twelve
				  feet [3.66 meters].
A livestock ring scale constructed after January 1, 1998,
				  must have an approach that is level with the scale platform and at least
				  twenty-eight feet [8.53 meters] in length and ten feet [3.05 meters] in width.
General Authority: NDCC
					 64-02-03
Law Implemented: NDCC
					 64-02-02,
					 64-02-13
North Dakota Administrative Code › Title 69 - Public Service Commission › Article 69-10 - esting and Safety › Chapter 69-10-02 - Scales › Section 69-10-02-02.1 - Livestock scales - Certification

Current through Supplement No. 393, July, 2024
All livestock scales under the jurisdiction of the federal
				  packers and stockyards administration must be certified once every six months.
				  A scale must be certified by a registered service person.
General Authority:
NDCC 64-02-03
Law Implemented:
NDCC 64-02-02,
					 64-02-13
North Dakota Administrative Code › Title 69 - Public Service Commission › Article 69-10 - esting and Safety › Chapter 69-10-02 - Scales › Section 69-10-02-03 - Twister head extensions

Current through Supplement No. 393, July, 2024
The twister head extensions cannot be used under any
				  conditions in the installation of motor truck, motor truck dump, or livestock
				  scales. Extension levers used on motor truck, livestock, or motor dump truck
				  scales must be securely anchored to or suspended from concrete of the neck or
				  walls of the scale pit.
General Authority: NDCC
					 64-02-03
Law Implemented: NDCC
					 64-02-02,
					 64-02-13
North Dakota Administrative Code › Title 69 - Public Service Commission › Article 69-10 - esting and Safety › Chapter 69-10-02 - Scales › Section 69-10-02-04 - Steel yard rod

Current through Supplement No. 393, July, 2024
The steel yard rod connecting the weighbeam to the
				  transverse lever on all scales must be installed or shielded to prevent
				  interference.
General Authority:
NDCC
				  64-02-03
Law Implemented:
NDCC
				  64-02-02,
				  64-02-13
North Dakota Administrative Code › Title 69 - Public Service Commission › Article 69-10 - esting and Safety › Chapter 69-10-02 - Scales › Section 69-10-02-05 - Portable pitless scales and portable hopper scales

Current through Supplement No. 393, July, 2024
A self-contained portable pitless scale and a self-contained
				  portable hopper scale used solely to weigh materials used for government
				  highway construction are exempt from the provisions of this article.
				  Installation and operation of a self-contained portable pitless scale and a
				  self-contained portable hopper scale for commercial use without a variance
				  permit from the commission is prohibited.
General Authority: NDCC
					 64-02-03
Law Implemented: NDCC
					 64-02-02,
					 64-02-13
North Dakota Administrative Code › Title 69 - Public Service Commission › Article 69-10 - esting and Safety › Chapter 69-10-02 - Scales › Section 69-10-02-05.1 - Fixed pitless scales - Foundation

Current through Supplement No. 393, July, 2024
A fixed pitless scale foundation may be either a pier
				  foundation or floating slab foundation and installed as follows:
1. A pier foundation must:
a. Maintain at least ten inches [254
				millimeters] of clearance between the "I" beam and the slab along the entire
				length and width of the scale;
b.
				Have piers that extend below the frostline;
c. Be installed to manufacturer's
				specifications to support the device, prevent shifting, and provide protection
				from the environment;
d. Include a
				reinforced concrete washout slab poured independently of the load bearing
				piers, a minimum four inches [101.6 millimeters] thick, poured underneath the
				entire length and width of the scale; and
e. Be installed to ensure that surface water
				will drain away from the scale area.
North Dakota Administrative Code › Title 69 - Public Service Commission › Article 69-10 - esting and Safety › Chapter 69-10-02 - Scales › Section 69-10-02-06 - Clearances - Drainage - Pit entrances

Current through Supplement No. 393, July, 2024
Motor truck, motor truck dump, railway track, and livestock
				  scales, other than fixed pitless scales, regardless of capacity, must have a
				  clearance of not less than four feet [12.19 decimeters] from the finished
				  floorline of the scale pit to the bottom of the "I" beam of the scale bridge. A
				  five-eighths-inch [15.88-millimeter] clearance must be provided between the
				  live deck and the pit coping. A "crushing strip" or "rock guard" must be
				  installed in the event a concrete deck is installed on a scale; wood decks must
				  be undercut around deck to prevent foreign material from lodging between deck
				  and coping. Scale pits must be kept reasonably clean and dry at all times, and
				  adequate drainage must be provided. Convenient entrances to the scale pit must
				  be provided for the purpose of inspecting and cleaning.
General Authority:
NDCC 64-02-03
Law Implemented:
NDCC 64-02-02,
					 64-02-13
North Dakota Administrative Code › Title 69 - Public Service Commission › Article 69-10 - esting and Safety › Chapter 69-10-02 - Scales › Section 69-10-02-07 - Foundation and supports

Current through Supplement No. 393, July, 2024
The foundation and supports of any scale installed in a fixed
				  position must consist of reinforced concrete of sufficient strength to ensure
				  rigidity and permanence. The fulcrum stands for the levers or the load cells of
				  large capacity scales must be installed on level piers with a minimum of
				  grouting. All footings must be of adequate depth to extend below the
				  frostline.
General Authority:
NDCC 64-02-03
Law Implemented:
NDCC 64-02-02,
					 64-02-13
North Dakota Administrative Code › Title 69 - Public Service Commission › Article 69-10 - esting and Safety › Chapter 69-10-02 - Scales › Section 69-10-02-09 - Deck lengths

Current through Supplement No. 393, July, 2024
1. A motor truck or
				motor truck dump scale installed and operational before January 1, 1995, must
				have at least twelve feet [3.66 meters] or a distance equal to one-third of
				deck length, whichever is greater, of straight driveway on either end of the
				scale deck not over one-third inch [8.47 millimeters] per foot [30.48
				centimeters] out of level with the platform. The first twelve feet [3.66
				meters] from the scale must be of a hard surface (concrete or asphalt). An
				inside scale must measure a minimum of four feet [1.22 meters] of metal, wood,
				asphalt, or reinforced concrete between the scale deck and the inside of the
				doorsill at both ends of the scale.
2. A motor truck or motor truck dump scale
				installed on or after January 1, 1995, must have at least twelve feet [3.66
				meters] or a distance equal to one-third of deck length, whichever is greater,
				of straight approaches beginning in a level plane with the surface of the scale
				deck. The slope of the approaches away from the scale deck may not exceed
				one-third inch [8.47 millimeters] perfect [30.48 centimeters]. The first twelve
				feet [3.66 meters] of approach from the scale must be of metal or concrete. An
				inside scale must measure a minimum of five feet [1.52 meters] of reinforced
				concrete between the scale deck and the inside of the doorsill at both ends of
				the scale. However, grating of sufficient strength to withstand all loads equal
				to the concentrated load capacity of the scale may be installed on either end
				of that inside scale.
General Authority: NDCC
					 64-02-03
Law Implemented: NDCC
					 64-02-02,
					 64-02-13
North Dakota Administrative Code › Title 69 - Public Service Commission › Article 69-10 - esting and Safety › Chapter 69-10-02 - Scales › Section 69-10-02-10 - Indicating and printing elements

Current through Supplement No. 393, July, 2024
A beam-type or dial-type indicating element must be
				  installed in a level and plumb position, mounted on concrete piers, or on a
				  concrete slab, and fastened securely to the concrete walls or neck of the scale
				  pit. These mechanical indicating element foundations must be independent of the
				  scalehouse floor, weighing room, or other similar structures. The installation
				  of a dial must allow for adequate clearance for service between the cabinet of
				  the dial and the wall. Motor truck, motor truck dump, railroad track, and
				  livestock scales installed after July 1, 1973, and used in commerce, must be
				  equipped with a ticket printing device with a copy of the printed receipt
				  issued to the customer at the time of the delivery. Notwithstanding the above,
				  for a scale installed prior to July 1, 1973, equipped with any type of ticket
				  printing capability, its operator must use that ticket printing capability for
				  all sales, with a copy of the printed ticket to be issued to the customer at
				  the time of the delivery. A shoulder or stop must be provided on each weighbeam
				  bar to prevent the poise from traveling and remaining behind the zero
				  graduation. An indicating or printing element must be adequately protected
				  against environmental damage.
General Authority: NDCC
					 64-02-03
Law Implemented: NDCC
					 64-02-02,
					 64-02-13
North Dakota Administrative Code › Title 69 - Public Service Commission › Article 69-10 - esting and Safety › Chapter 69-10-02 - Scales › Section 69-10-02-12 - Observation windows, video cameras, or photoelectric eyes

Current through Supplement No. 393, July, 2024
1. Windows must be provided and must be
				located in such a position and manner so that the scale operator has full view
				of the scale platform and weighing operation, including the front, back, and
				one side of the vehicle being weighed from the scale operator's working
				position, and that the weighman and indicating elements are clearly visible to
				interested parties.
2. Video
				cameras may be substituted for windows if the substitution does not diminish
				the view for either the scale operator or other interested parties. However,
				installations that exceed two hundred feet [61 meters] from the main indicating
				element must be equipped with two-way audio communication and remote or video
				display of weight indication.
3.
				Photoelectric eyes or similar devices that are electronically interlocked with
				the weighing system and positioned such that a vehicle must be entirely on or
				off a scale prior to a weight being recorded, may be used for unattended scale
				applications. If the photoelectric eye or similar device is the sole source for
				vehicle placement verification and is not operational, the scale may not be
				used.
General Authority:
NDCC 64-02-03
Law Implemented:
NDCC 64-02-02,
					 64-02-13
North Dakota Administrative Code › Title 69 - Public Service Commission › Article 69-10 - esting and Safety › Chapter 69-10-02 - Scales › Section 69-10-02-16 - Automatic bulk-loading systems - Receiving

Current through Supplement No. 393, July, 2024
A commercial automatic bulk-loading system used for
				  receiving grain may not be commercially operated without first receiving a
				  variance permit from the commission. Before receiving any grain through an
				  automatic bulk-weighing system, a certified commercial truck scale must be made
				  available to the seller for optional check weighing.
General Authority: NDCC
					 64-02-03
Law Implemented: NDCC
					 64-02-02,
					 64-02-13
North Dakota Administrative Code › Title 69 - Public Service Commission › Article 69-10 - esting and Safety › Chapter 69-10-02 - Scales › Section 69-10-02-17 - Coal belt conveyor scales jurisdictional -Exemption

Current through Supplement No. 393, July, 2024
Coal belt conveyor scales not used for coal sales to the
				  general public, or not used for the sale of coal on behalf of leasehold
				  interests, are exempt from the provisions of this article.
General Authority: NDCC
					 64-02-03
Law Implemented: NDCC
					 64-02-02,
					 64-03-07
North Dakota Administrative Code › Title 69 - Public Service Commission › Article 69-10 - esting and Safety › Chapter 69-10-02 - Scales › Section 69-10-02-18 - Concrete hopper scales - Exemption

Current through Supplement No. 393, July, 2024
A concrete hopper scale that is used for measuring a finished
				  concrete product that is sold by a measurement other than weight, even though
				  the quality of its composition (cement, sand, aggregate, and water) is
				  determined by weight, shall be defined as a "batching scale" and is exempt from
				  the provisions of this article.
General Authority:
NDCC 64-02-03
Law Implemented:
NDCC 64-02-02,
					 64-02-13
North Dakota Administrative Code › Title 69 - Public Service Commission › Article 69-10 - esting and Safety › Chapter 69-10-02 - Scales › Section 69-10-02-18.1 - Exemptions from testing

Current through Supplement No. 393, July, 2024
Grain moisture testing meters, jewelers' scales, prescription
				  scales, and postal scales used by the United States postal service, including
				  scales at a location identified as a contract postal unit, are exempt from the
				  provisions of this article.
General Authority:
NDCC 64-02-03
Law Implemented:
NDCC 64-02-02,
					 64-02-13
North Dakota Administrative Code › Title 69 - Public Service Commission › Article 69-10 - esting and Safety › Chapter 69-10-02 - Scales › Section 69-10-02-19 - Single-draft weighing - Exceptions

Current through Supplement No. 393, July, 2024
It is unlawful to weigh a vehicle or a combination vehicle in
				  any method other than the single-draft method, as outlined in the NIST Handbook
				  No. 44, section 2.20. scales, UR.3.3., Single-draft Vehicle Weighing, except
				  for the following:
1. When the sale of
				the commodity being weighed is determined by destination weight;
2. For a motor truck or motor truck dump
				scale installed prior to April 1, 1965; or
3. For a motor truck or motor truck dump
				scale installed after April 1, 1965, provided a split-weigh variance permit has
				first been granted by the commission under section
				69-10-01-04.2,
				and the parties involved have complied with section
				69-10-02-20
				prior to split-weighing.
General Authority:
NDCC 64-02-03
Law Implemented:
NDCC 64-02-02, 64-02-03,
					 64-02-04
North Dakota Administrative Code › Title 69 - Public Service Commission › Article 69-10 - esting and Safety › Chapter 69-10-02 - Scales › Section 69-10-02-20 - Split-weigh agreements

Current through Supplement No. 393, July, 2024
Upon approval by the commission of a variance permit
				  allowing split-weighing, and before an individual customer is split-weighed, an
				  approved split-weigh agreement form must be signed by both the business and
				  that customer, and kept on file at the place where the split-weighing occurs.
General Authority: NDCC
					 64-02-03
Law Implemented: NDCC
					 64-02-02,
					 64-02-03,
					 64-02-04
North Dakota Administrative Code › Title 69 - Public Service Commission › Article 69-10 - esting and Safety › Chapter 69-10-02 - Scales › Section 69-10-02-21 - Shift test - Load-bearing and section testing

Current through Supplement No. 393, July, 2024
After January 1, 1996, all motor truck, motor truck dump, and
				  railroad track/truck combination scales must be load-bearing and section
				  tested. The load-bearing test must be conducted with a minimum standard of the
				  lesser value of either ten thousand pounds [4535.9 kilograms] or one-quarter
				  the device capacity in test weights, with the test weights centered, as nearly
				  as possible, successively over each main load support. Section testing must be
				  conducted with a minimum standard of either twenty thousand pounds [9071.8
				  kilograms] or one-half the device capacity in test weights, with the test
				  weights centered, as nearly as possible, successively at the center of each
				  quarter of the load receiving element. Applicable tolerances from NIST Handbook
				  No. 44, scale section, T.N.3.1. and T.N.3.2., must be applied to the amount of
				  test load used.
General Authority:
NDCC 64-02-03
Law Implemented:
NDCC 64-02-02, 64-02-03,
					 64-02-04
North Dakota Administrative Code › Title 69 - Public Service Commission › Article 69-10 - esting and Safety › Chapter 69-10-02 - Scales › Section 69-10-02-22 - Sensitivity response

Current through Supplement No. 393, July, 2024
The sensitivity response of a motor truck or motor truck
				  dump scale designed with a division size of five pounds [2.27 kilograms] and
				  without a balance indicator may not exceed four scale divisions.
General Authority: NDCC
					 64-02-03
Law Implemented: NDCC
					 64-02-02,
					 64-02-03,
					 64-02-04
North Dakota Administrative Code › Title 69 - Public Service Commission › Article 69-10 - esting and Safety › Chapter 69-10-02 - Scales › Section 69-10-02-23 - Stored tare weight

Current through Supplement No. 393, July, 2024
A stored tare weight across a motor truck or motor truck
				  dump scale may not be used for more than one commercial transaction.
General Authority: NDCC
					 64-02-03
Law Implemented: NDCC
					 64-02-02
North Dakota Administrative Code › Title 69 - Public Service Commission › Article 69-10 - esting and Safety › Chapter 69-10-02 - Scales › Section 69-10-02-24 - Electronic scale data storage and retrieval

Current through Supplement No. 393, July, 2024
Computer programming installed on commercial scales after
				  January 1, 2002, enabling the electronic recording or storage of scale weight
				  must conform to the following:
1. If
				more than one scale is interfaced, the system must store the identity of the
				scale which originated the weight and all printed data must identify the scale
				which originated the weight;
2.
				Any weight which is manually entered must be identified as manually entered on
				all recorded weights;
3. All
				recorded weights must match actual scale-weight indications;
4. All recalled weights must match stored
				weights;
5. Stored weight must
				have a recorded audit trail on a dedicated line printer in a continuous format
				which includes an "S" indicating that it is a stored weight; a sequential
				reference number; a scale identifier number; a unique reference number to
				enable the recall of that stored weight; and the stored weight;
6. Any stored weight which is recalled must
				be immediately printed on a scale ticket with the following information: an "R"
				indicating that it is a recalled weight; the unique reference number identified
				in subsection 5; and the recalled weight;
7. After the transaction is completed, the
				recalled weight must be automatically deleted from the recalled weights data
				file;
8. Computer computations
				such as rounding off and truncation must be programmed so that the computations
				do not result in the degradation of the accuracy of the scale tolerance by more
				than one-half of one scale division; and
9. Programming must ensure all essential data
				is properly entered and stored before issuing a weight ticket.
General Authority: NDCC
					 64-02-03
Law Implemented: NDCC
					 64-02-02
North Dakota Administrative Code › Title 69 - Public Service Commission › Article 69-10 - esting and Safety › Chapter 69-10-02 - Scales › Section 69-10-02-25 - Law enforcement scales - Exemption

Current through Supplement No. 393, July, 2024
Axle load scales or portable wheel load scales used to
				  enforce load limit restrictions are exempt from the provisions of this
				  article.
General Authority:
NDCC 64-02-03
Law Implemented:
NDCC
					 64-02-02
North Dakota Administrative Code › Title 69 - Public Service Commission › Article 69-10 - esting and Safety › Chapter 69-10-02 - Scales › Section 69-10-02-26 - Hoppers scale design requirements

Current through Supplement No. 393, July, 2024
The owner of a commercial hopper scale shall provide a
				  bracket or lifting arms able to utilize a hand-operated chain hoist that will
				  facilitate testing with five hundred pounds [226.80 kilograms] or larger test
				  weights. The brackets or lifting arms must be of sufficient strength for the
				  intended load and permanently and legibly marked with a maximum load rating.
All commercial hopper scales, newly constructed and placed
				  into service after the effective date of this rule, must have a minimum of
				  three feet [.91 meter] of unobstructed clearance on all four sides to
				  facilitate testing with large weights.
Notwithstanding the provisions of this section, automatic
				  bulk-weighing systems with integral standards, overhead hopper scales
				  accessible underneath, and hopper scales with capacities of five thousand
				  pounds [2267.96 kilograms] or less are exempt from this requirement.
General Authority: NDCC
					 64-02-03
Law Implemented: NDCC
					 64-02-02,
					 64-02-13
North Dakota Administrative Code › Title 69 - Public Service Commission › Article 69-10 - esting and Safety › Chapter 69-10-02 - Scales › Section 69-10-02-27 - Medical marijuana scales - Requirements

Current through Supplement No. 393, July, 2024
Scales used in the packaging and sale of medical marijuana in
				  quantities of one ounce [28.35 grams] or less must be an NTEP class I or II
				  scale with a scale verification division of one one-hundredths of a gram or
				  less.
General Authority:
NDCC 64-02-03
Law Implemented:
NDCC 64-02-02,
					 64-02-13