[HISTORY: Adopted by the Town Council of the Town of Portsmouth as indicated in article histories. Amendments noted where applicable.]
[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.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
[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:
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.
No smoking.
Shut off motor while motor fuel is being dispensed.
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.