34-38-2.1. Self-service pumps–Latch-open device permitted. Notwithstanding any other provisions of this chapter or rules promulgated thereunder, a latch-open device may be used on the hose nozzle valve of a self-service fuel dispensing pump if the valve conforms to applicable requirements of section 19 of Underwriters Laboratories Incorporated pamphlet number 842 entitled “Standards for Valves for […]
34-38-23. Definition of terms. Terms used in this chapter mean: (1)”Aboveground storage tank,” a horizontal or vertical tank that is listed and intended for fixed installation at or above grade and is used within the scope of its listing. This includes a tank inside a building; (2)”Authority having jurisdiction,” the local or state governing organization, […]
34-38-24. Installation of aboveground storage tanks–Approval. Aboveground storage tanks may be installed at retail locations with the approval of the authority having jurisdiction and as provided for in this chapter. Source: SL 1991, ch 269, §2.
34-38-25. Letter of approval required before proposed construction begins–Letter and plans to be submitted to division. Before proposed construction begins the applicant shall obtain a letter of approval from the local governing body within whose jurisdiction the system is to be installed. This letter and two sets of plans, blueprints, or drawings shall be submitted […]
34-38-26. Compliance with International Fire Code. Except as otherwise provided in this chapter, aboveground storage tanks shall comply with the applicable provisions of chapter 57 of the International Fire Code, 2015 edition. Source: SL 1991, ch 269, §4; SL 2006, ch 185, §6; SL 2010, ch 177, §3; SL 2016, ch 181, §3.
34-38-27. Aboveground storage tank to be listed for such use–Underground tanks not to be installed aboveground–Failure to comply as misdemeanor. Any tank used for aboveground storage shall be listed for aboveground use. No backfill is permitted. No tank designed and built for underground use may be installed for aboveground use. A violation of this section […]
34-38-28. Location requirements for aboveground tanks. Any aboveground storage tank shall be located at least: (1)Fifty feet from the nearest important building on the same property; (2)Fifty feet from any fuel dispenser; (3)Fifty feet from the nearest side of any public way; and (4)Fifty feet from any property line that is or may be built […]
34-38-29. Spill control to be in accordance with International Fire Code. Spill control shall be provided in accordance with chapter 57 of the International Fire Code, 2015 edition. Source: SL 1991, ch 269, §7; SL 2006, ch 185, §7; SL 2010, ch 177, §4; SL 2016, ch 181, §4.
34-38-30. Impermissible methods for dispensing fuel from aboveground tank–Equipment requirements as to tanks–Failure to comply as misdemeanor. No person may dispense fuel from an aboveground storage tank by either gravity flow or pressurization of the tank. The owner of an aboveground storage tank shall prevent the release of liquid from the tank by syphon flow. […]
34-38-31. Protection against vehicular collision. Aboveground tanks shall be protected against vehicular collision by suitable barriers. Source: SL 1991, ch 269, §9.
34-38-32. Maintenance of area within any dike. The area within any dike shall be kept free of vegetation, debris, and any other material that is not necessary to the operation of the tank and piping system. Source: SL 1991, ch 269, §10.
34-38-33. Tank piping system in contact with soil–Protection from corrosion. Any portion of a tank piping system that is in contact with the soil shall be protected from corrosion in accordance with chapter 57 of the International Fire Code, 2015 edition. Source: SL 1991, ch 269, §11; SL 2008, ch 175, §1; SL 2010, ch […]
34-38-34. Delivery and dispensing operations to comply with International Fire Code–Determining liquid level–Equipment requirements. Delivery operations shall comply with applicable requirements of chapter 57 of the International Fire Code, 2015 edition. Dispensing operations shall comply with the provisions of chapter 57 of the International Fire Code, 2015 edition. The delivery vehicle shall be separated from […]
34-38-35. Promulgation of rules. For the purpose of implementing this chapter, the department may promulgate rules, pursuant to chapter 1-26, to protect the health and safety of persons from fire, explosion and like emergencies based on codes and standards set forth by the International Building Code, the International Fire Code, and the International Mechanical Code, […]
34-38-36. Power of local governments as to zoning unaffected. Nothing in this chapter affects the power of any local government to regulate the use of land by zoning. Any municipality in which there is no comprehensive zoning ordinance in effect may prohibit the installation of flammable or combustible liquids at retail locations within areas which […]
34-38-37. Review of actions by director–Director’s decision appealable. Any person aggrieved by any action or decision pursuant to this chapter may seek review of such action or decision by the director of the division pursuant to the contested case provisions of chapter 1-26. The decision of the director may be appealed to circuit court in […]
34-38-38. Application to facilities constructed after July 1, 2016. The provisions of this chapter apply to facilities constructed after July 1, 2016. Existing installations shall be permitted only if, in the opinion of local and state authorities, the existing installation does not constitute a distinct hazard to life or property. Source: SL 1991, ch 269, […]
34-38-39. Limitations as to tank capacity. Tanks may not exceed an individual capacity of twelve thousand gallons and may not exceed an aggregate capacity of forty-eight thousand gallons. Any variance in excess of these amounts can only be granted by the division pursuant to chapter 1-26. Source: SL 1991, ch 269, §17; SL 2008, ch […]
