[Ord. 763, 5/15/1985, § 1]
This Part shall be known and cited as the "Self-Service Gasoline
Facilities Ordinance" of Forest Hills Borough.
[Ord. 763, 5/15/1985, § 3]
Self-service gasoline facilities shall mean that portion of
property where flammable and combustible liquids used as motor fuels
are stored and subsequently dispensed from fixed, approved, dispensing
equipment into the fuel tanks of motor vehicles by persons other than
the service station attendant, and may include facilities available
for sale of other retail products. Solely for purposes of this Part,
self-service gasoline facilities shall be hereinafter referred to
as "self-service stations."
[Ord. 763, 5/15/1985, § 4]
This Part shall regulate wholly self-service stations as well
as service stations offering both full service and self-service operations.
[Ord. 763, 5/15/1985, § 5]
Each and every self-service station as defined in §§ 13-402 and 13-403 above, shall be operated in accordance with all federal, state and county regulations and/or standards relative to both full service and self-service gasoline stations to the extent that the federal, state and county regulations and/or standards are not in direct conflict with this Part.
[Ord. 763, 5/15/1985, § 6; as amended by Ord. 830,
3/18/1992]
1.
No person shall operate or maintain a self-service station unless he has obtained a permit from the Borough Manager's office. It shall be the responsibility of the applicant for the permit to certify to the Borough Manager that the self-service station and the operation thereof complies in all respects with this Part. With respect to §§ 13-405, Subsections 3 and 4, below, it shall be the responsibility of the applicant to certify to the Borough Manager that the self-service station as proposed complies in all respects with this Part. Issuance of a permit does not warrant that the Borough or its agents, representatives and/or employees has inspected the self-service station for compliance with this Part.
2.
The annual fee for each permit shall be as established by resolution
of Borough Council.
3.
No person, shall construct a service station which includes self-service
dispensing devices unless a permit has been obtained.
4.
No person shall alter a full service station from full service to
self-service unless a permit has been obtained.
[Ord. 763, 5/15/1985, § 7]
1.
Each self-service station as defined in this Part shall be under
the direct control of a supervisor, employee or attendant at all times
when gasoline or other flammable liquids are being dispensed or sold.
2.
Gasoline and other flammable liquids shall be dispensed only by a
person who is not smoking and who in the judgment of such supervisor,
employee or attendant appears to be able and competent.
3.
The supervisor, employee or attendant on duty shall be capable of
performing the functions and assuming the responsibilities referred
to in this Part.
4.
The dispensing operations shall at all times be in the clear view
of the attendant, and the placing or permitting of any obstacle to
come between the dispensing operation and so as to obstruct the attendant's
view is prohibited. The attendant shall be able to keep the person
dispensing the gasoline within sight range, and shall not activate
a dispensing device if he is unable to see the person requesting service
at the self-service dispenser.
6.
A voice communications system, such as, but not limited to, an intercom
system so as to allow direct voice communication at all times between
the person dispensing flammable or combustible liquids and the attendant
shall be required.
7.
The primary function of the attendant shall be to supervise, observe
and control the dispensing of flammable or combustible liquids. The
attendant shall prevent the dispensing of fuels into unapproved portable
containers. The attendant shall control sources of ignition and shall
immediately handle accidental spills and utilize fire extinguishers,
if needed.
[Ord. 763, 5/15/1985, § 8; as amended by Ord. 976, 1/16/2008]
1.
Emergency controls, including main power shut-off switch or switches,
shall be installed at a location not more than 15 feet from the principal
control location of the attendant and not more than 100 feet from
the dispensers.
2.
Emergency controls, including main power shut-off switch or switches,
shall likewise be installed at a location on the outside of the building
providing access to same by persons outside of the building in the
event that the attendant is unable to activate the emergency controls
located within the building.
3.
All gasoline pumps shall be mounted on an island and shall be not
less than 10 feet from the lines of adjoining property.
[Ord. 763, 5/15/1985, § 9]
1.
All signs required by this section shall be constructed of rigid,
weather resistant material.
2.
Instructions for the operation of the dispenser shall be conspicuously
posted on either the dispenser or the dispenser island.
3.
A list of emergency procedures and instructions shall be conspicuously
posted in the immediate vicinity of the principal control location
of the attendant as well as on each dispenser island.
5.
There shall be no advertising permitted on any of the signs required
by this section.
[Ord. 763, 5/15/1985, § 10; as amended by Ord.
976, 1/16/2008]
1.
In addition to the controls set forth above, a control shall be provided
that permits the pump to operate only if a dispensing nozzle is removed
from its bracket on the dispensing unit. This control shall also stop
the pump when all nozzles have been returned to their brackets.
2.
An approved emergency shut-off valve shall be installed at the base
of each dispensing unit which shuts off the flow of flammable or combustible
liquids if the dispenser is damaged by impact or if a fire occurs
in the immediate area. Visible fire extinguishers shall be installed
and properly maintained at each dispensing island and inside the principal
location where the attendant is located.
3.
No individual shall be permitted to operate a self-service gasoline
pump unless that individual is a licensed driver.
[Ord. 763, 5/15/1985, § 11; as amended by Ord.
830, 3/18/1992; and by Ord. 976, 1/16/2008]
1.
Any person, firm or corporation who violates a provision of this Part, or who fails to comply therewith, or with any of the requirements thereof, shall be, upon conviction thereof, sentenced to pay a fine of not less than $100 nor more than $1,000 for each violation, plus court costs and costs of prosecution incurred by the Borough, and in default of payment of said fine and costs, to imprisonment to the extent permitted by law for the punishment of summary offenses. Procedures for collection of fines and penalties for default of payment shall be in accordance with Chapter 1 of this Code.
2.
A separate offense shall arise for each day or portion thereof in
which a violation is found to exist or for each section of this Part
found to have been violated. All fines and penalties for the violation
of this Part shall be paid to the Borough Treasurer.
3.
The Borough may also commence appropriate actions in equity or other
to prevent, restrain, correct, enjoin, or abate violations of this
Part.
