[Adopted 3-1-1956 by Ord. No. 82 (Ch.
9 of the 1976 Code)]
No person shall construct, erect, maintain or
conduct within the Town any public garage or any gasoline filling
station or gasoline tank for selling gasoline, unless he/she shall
first obtain from the Town Council a written permit for that purpose.
Whenever any person wishes to construct, erect,
maintain or conduct any public garage or gasoline filling station
or gasoline tank for selling gasoline, he/she shall file with the
Town Clerk a written application setting forth the business to be
conducted, the person who is to conduct such business, the name of
the owner of the premises, the location thereof, a general plan or
description of the building or structure to be erected or used and
the relative location of underground storage facilities.
The Town Council, at its next meeting, shall continue the matter for hearing until it has been advertised in conformity with provisions set forth in §
206-4. At such hearing, all persons interested in such application may be heard on the question of granting or denying such application.
The Town Clerk shall give notice of the pendency of the application required by §
206-2 and of the time and place of the hearing required by §
206-3 by publishing notice thereof in a public newspaper published in the county once a week for two successive weeks prior to the date of such hearing.
When the application for a permit to construct,
erect, maintain or conduct a public garage or any gasoline filling
station or gasoline tank for selling gasoline is approved, erection
of the necessary buildings shall be conducted pursuant to all conditions
set forth in the State Building Code, R.I.G.L. § 23-27.3-100.0
et seq., and the installation of storage facilities as indicated in
plans accompanying the application for such permit and the operation
of such public garage, gasoline station or tank for selling gasoline
shall be commenced within six months from the date of the issuance
of such permit. If such operations are not commenced within the six-month
period of time, the permit shall be void, unless extended by the Town
Council.
[Adopted 2-23-1976 by Ord. No. 113]
"Self-service stations," as used in this section,
are defined as that portion of property where flammable and combustible
liquids used as motor fuel are stored and subsequently dispensed from
fixed equipment into the fuel tanks of motor vehicles by persons other
than service station attendants and shall include any facilities available
for the sale of other retail products, and the operation of such stations
shall be subject to the following provisions:
A. Self-service dispensers: a remote-controlled dispensing
device approved by the authority having jurisdiction. The coin and/or
the operated type are not acceptable.
B. Attendant required. All self-service stations shall
have at least one qualified attendant on duty while the station is
open to the public. During the time that liquids are actually being
dispensed, the attendant's sole function shall be to supervise, observe
and control the dispensing of said liquids. It shall be the responsibility
of the attendant to prevent the dispensing of gasoline into portable
containers, unless the container is constructed of metal or approved
plastic, or is approved by the authority having jurisdiction, has
a tight closure with a screwed or spring cover, and is fitted with
a spout or so designed that the contents can be poured without spilling.
It shall also be the responsibility of the attendant to control sources
of ignition and to immediately handle accidental spills and fire extinguishers,
if needed. The attendant or supervisor on duty shall be capable of
performing the functions and assuming the responsibilities covered
in this section.
C. Attendant's control and supervision. At self-service
stations, the attendant shall be required to remain within arm's length
of the remote-controlled console at all times while the gasoline is
being dispensed. A post-payment operation is advocated to insure the
attendant's compliance with the foregoing provision.
D. Emergency controls.
(1) Power shutoff switch; fire extinguisher system.
(a)
A main power shutoff switch or switches shall
be installed at a location not more than 15 feet from the attendant's
principal control location and not more than 100 feet from the dispensers.
(b)
A fixed fire extinguisher system suitable for
the extinguishment of Class B (flammable liquid) fires, acceptable
to the authority having jurisdiction, and covering the entire gasoline
dispensing area shall be installed at each self-service station. Said
system shall be capable of being activated either manually or automatically;
however, if it is to be activated manually, the triggering device
shall not be more than 15 feet from the attendant's principal control
location and not more than 100 feet from the dispensers. Activating
of the extinguishing system shall automatically cut off power to pump
dispensing devices.
(2) As referred to above, "the entire gasoline dispensing
area" is construed to mean that area encompassing the self-service
island. If, however, an adjacent attended island (normally serviced
by a regular attendant dispensing motor fuel) is in too close proximity
to the self-service island in the opinion of the authority having
jurisdiction, then a fixed fire protection system may be required
there also.
E. Operation instructions. Instructions for the operation
of the dispensers shall be conspicuously posted on either the dispenser
or the dispenser island.
F. Emergency procedures. A list of emergency procedures
and instructions shall be conspicuously posted at the immediate vicinity
of the attendant's principal control location.
G. Clear observation. The dispensing operation shall
at all times be in clear view of the attendant, and the placing or
allowing of any obstacle to come between the dispensing operation
and the attendant so as to obstruct the attendant's view is prohibited.
H. Delivery nozzles. Hose nozzle valves used at self-service
islands shall be approved automatic-closing-type without a latch-open
device.
I. Voice communication control. A voice communication
system, such as, but not limited to, an intercom system, so as to
allow direct voice communication at all times between the person dispensing
the fuel and the attendant, shall be required.
J. Warning sign. On each and every dispenser island shall
be conspicuously posted the following words of warning:
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Warning . . . It is unlawful to dispense gasoline
into any portable container unless the container is constructed of
metal or is approved by the Fire Department.
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No smoking.
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Shut off motor while motor fuel is being dispensed.
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K. No person under the age of 16 years shall operate
a gasoline dispensing device at a self-service station.
The Town Administrator of the Town of Portsmouth
shall designate the enforcement officer for this article, and he is
hereby authorized and empowered to execute and sign complaints and
to do all other acts necessary and convenient for its enforcement.
Any person who shall violate any provision of
this article shall be fined not more than $100 or imprisoned for not
more than 30 days.