[1]
Editor's Note: State law reference - Flammable and combustible liquids, G.L. 1956, § 23-28.22-1 et seq.
The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
BOILING POINT
The boiling point of a liquid at a pressure of 14.7 psi. Where an accurate boiling point is unavailable for the material in question, or for mixtures which do not have a constant boiling point, for purposes of this classification the initial point of a distillation as determined by applicable test procedures and apparatus specified ASTM D-86, Standard Method of Test for Distillation of Petroleum Products, 1962 edition, may be accepted in lieu of the boiling point of the liquid.
COMBUSTIBLE LIQUID
Any liquid having a flash point at or above 140º F. and below 200º F., and shall be known as Class III liquids.
FLAMMABLE LIQUID
Any liquid having a flash point below 140º F. and having a vapor pressure not exceeding 40 pounds per square inch (absolute) at 100º F. Flammable liquids shall be divided into two classes of liquids as follows:
A. 
Class I liquids shall include those having flash points below 100º F. and may be subdivided as follows:
(1) 
Class IA shall include those having flash points below 73º F. and having a boiling point below 100º F.
(2) 
Class IB shall include those having flash points below 73º F. and having a boiling point at or above 100º F.
(3) 
Class IC shall include those having flash points at or above 73º F. and below 100º F.
B. 
Class II liquids shall include those having flash points at or above 100º F. and below 140º F.
FLASH POINT OF THE LIQUID
The minimum temperature at which it gives off vapor sufficient to form an ignitable mixture with the air near the surface of the liquid or within the vessel used as determined by applicable test procedures and apparatus as follows:
A. 
Except for fuel oils and certain viscous materials, the flash point of a liquid having a flash point at or below 175º F. shall be determined in accordance with the applicable provisions of ASTM D-56, Standard Method of Test for Flash Point by the Tag Closed Tester, 1961 edition.
B. 
Except for fuel oils, the flash point of liquids having a flash point above 175º F. shall be determined in accordance with the applicable provisions of ASTM D-92, Standard Method of Test for Flash Point by the Cleveland Open Cup Tester, 1957 edition.
C. 
The flash point of fuel oils and certain viscous materials having a flash point at or below 175º F. shall be determined in accordance with the applicable provisions of ASTM D-93, Standard Method of Test for Flash Point by the Pensky-Martens Closed Tester, 1962 edition.
LIQUID
When not otherwise identified, both flammable and combustible liquids.
UNSTABLE (REACTIVE) LIQUID
Any liquid which will vigorously and energetically react, is potentially explosive, will polymerize, decompose instantaneously, undergo uncontrollable autoreaction or can be exploded by heat, shock, pressure or combinations thereof. Examples are organic peroxides and nitromethane.
VAPOR PRESSURE
The pressure, measured in pounds per square inch (absolute) exerted by a volatile liquid, as determined by applicable test procedures and apparatus specified in ASTM D323, Standard Method of Test for Vapor Pressure of Petroleum Products (Reid Method), 1958 edition.
This article shall apply to liquids with a flash point below 200º F.; and to liquids with flash points above 200º F., which when heated assume the characteristics of liquids with flash points below 200º F., except as provided in § 198-9B.
A permit shall be obtained for any of the following:
A. 
Storage, handling, or use of Class IA and Class IB liquids in excess of one gallon in a dwelling or other place of human habitation; or in excess of six gallons in any other building or other occupancy; or in excess of 10 gallons outside of any building; except that no permit shall be required for the following:
(1) 
For the storage or use of flammable or combustible liquids in the fuel tank of a motor vehicle, aircraft, motorboat, mobile power plant or mobile heating plant; or
(2) 
For the storage or use of paints, oils, varnishes or similar flammable mixtures when such liquids are stored for maintenance, painting or similar purposes for a period of not more than 30 days;
B. 
Storage, handling or use of Class II or Class III liquids in excess of 25 gallons in a building or in excess of 60 gallons outside of a building, except for fuel oil used in connection with oil-burning equipment;
C. 
For the manufacturing, processing, blending or refining of flammable or combustible liquids; or
D. 
For the storage of flammable or combustible liquids in stationary tanks.
A. 
Materials.
(1) 
Tanks shall be built of steel except as provided in Subsection A(2) through (5) of this section.
(2) 
Tanks may be built of noncombustible materials other than steel if required by the properties of the flammable or combustible liquid stored.
(3) 
Tanks built of materials other than steel shall be designed to specifications embodying principles recognized as good engineering design for the material used and shall be approved by the Chief of the Fire Department.
(4) 
Unlined concrete tanks may be used for storing flammable or combustible liquids having a gravity of 40º API or heavier. Concrete tanks with special lining may be used for other services providing the design is in accordance with sound engineering practice.
(5) 
Tanks may have combustible or noncombustible linings.
(6) 
Special engineering consideration shall be required if specific gravity of the liquid to be stored exceeds that of water or if the tanks are designed to contain flammable or combustible liquids at a liquid temperature below 0º F.
B. 
Fabrication.
(1) 
Tanks may be of any shape or type consistent with sound engineering design.
(2) 
Metal tanks shall be welded, riveted and caulked, brazed, bolted or constructed by use of a combination of these methods. Filler metal used in brazing shall be nonferrous metal or any alloy having a melting point above 1,000º F., and below that of the metal joined.
C. 
Atmospheric tanks.
(1) 
Tanks designed for underground service not exceeding 2,500 gallons capacity may be used aboveground.
(2) 
Low pressure tanks and pressure vessels may be used as atmospheric tanks.
(3) 
Atmospheric tanks shall not be used for the storage of Class IA liquids.
D. 
Low pressure tanks. The normal operating pressure of the tank shall not exceed the design pressure of the tank. Atmospheric tanks built according to Underwriters' Laboratories, Inc., standards may be used for operating pressures not exceeding one psig and shall be limited to 2.5 psig under emergency venting conditions. Pressure vessels may be used as low pressure tanks.
E. 
Pressure vessels. The normal operating pressure of the vessel shall not exceed the design pressure of the vessel.
A. 
Restricted locations. The storage of Class I liquids in aboveground tanks outside of buildings is prohibited within the limits established by law as the limits of the districts in which such storage is to be prohibited.
B. 
Location with respect to property lines.
(1) 
Every aboveground tank for the storage of flammable or combustible liquids, except those liquids with boil-over characteristics and unstable liquids, operating at pressures not in excess of 2.5 psig and equipped with emergency venting which will not permit pressures to exceed 2.5 psig shall be located in accordance with Table 198-47B(1).[1]
[1]
Editor's Note: Said table is included at the end of this chapter.
(2) 
Every aboveground tank for the storage of flammable or combustible liquids, except those liquids with boil-over characteristics and unstable liquids, operating at pressures exceeding 2.5 psig or equipped with emergency venting which will permit pressure to exceed 2.5 psig shall be located in accordance with Table 198-47B(2).[2] NOTE: Special considerations may be given to tanks with automatic depressuring systems.
[2]
Editor's Note: Said table is included at the end of this chapter.
(3) 
Every aboveground tank for the storage of unstable liquids shall be located in accordance with Table 198-47B(3),[3] except that unstable liquids that are unstable (reactive) chemicals such as organic peroxides and nitromethane shall in addition to complying with the applicable provisions of this Article VI shall comply with § 198-72A through C as applicable.
[3]
Editor's Note: Said table is included at the end of this chapter.
(4) 
Reference table for minimum distance used in Tables 198-47B(1) through 198-47B(3) inclusive shall be as follows:
Table 198-47B(4)
Capacity
Tank Gallons
Minimum Distance to Feet from Property Line Which May be Built Upon, Including the Opposite Side of a Public Way
Minimum Distance in Feet from Nearest Side of Any Public Way
275 or less
5
5
276 to 750
10
5
751 to 12,000
15
5
12,001 to 30,000
20
5
30,001 to 50,000
30
10
50,001 to 100,000
50
15
100,001 to 500,000
80
25
500,001 to 1,000,000
100
35
1,000,001 to 2,000,000
135
35
2,000,001 to 3,000,000
165
55
3,000,001 or more
175
60
(5) 
Where two tank properties of diverse ownership have a common boundary, the Chief of the Fire Department may, with the written consent of the owners of the two properties substitute the distances provided in Subsection C of this section for the minimum distances set forth in this Subsection B.
(6) 
Where end failure of horizontal pressure tanks and vessels may expose property, the tank shall be placed with the longitudinal axis parallel to the nearest important exposure.
C. 
Spacing (shell-to-shell) between aboveground tanks.
(1) 
The distance between any two flammable or combustible liquid storage tanks shall not be less than three feet.
(2) 
Except as provided in Subsection C(3), the distance between adjacent tanks shall not be less than 1/6 the sum of their diameters; except, when the diameter of one tank is less than 1/2 the diameter of the adjacent tank, the distance between the two tanks shall not be less than 1/2 the diameter of the smaller tank.
(3) 
For unstable liquids, the distance between such tanks shall be not less than 1/2 the sum of their diameters.
D. 
Drainage, dikes and walls for aboveground tanks.
(1) 
Drainage and diked areas. The area surrounding a tank or a group of tanks shall be provided with drainage as provided in Subsection D(2), or shall be diked as provided in Subsection D(3).
(2) 
Drainage. A slope of not less than 1% away from the tank toward the drainage system shall be provided. The drainage system shall terminate in vacant land or other area or in an impounding basin having a capacity not smaller than that of the largest tank served.
(3) 
Diked areas.
(a) 
The volumetric capacity of the diked area shall not be less than the greatest amount of liquid that can be released from the largest tank within the diked area, assuming a full tank. The capacity of the diked area enclosing more than one tank shall be calculated by deducting the volume of the tanks other than the largest tank below the height of the dike.
(b) 
Walls of the diked are shall be of earth, steel, concrete or solid masonry designed to be liquid tight and to withstand a full hydrostatic head. Earthen walls three feet or more in height shall have a flat section at the top not less than two feet wide. The walls of the diked area shall be restricted to an average height of six feet above interior grade.
(c) 
Each diked area containing two or more tanks shall be subdivided preferably by drainage channels or at least by intermediate curbs in order to prevent spills from endangering adjacent tanks within the diked areas as follows:
[1] 
When storing normally stable liquids in vertical cone roof tanks constructed with weak roof-to-shell seam or approved floating roof tanks, one sub division for each tank in excess of 10,000 barrels and one subdivision for each group of tanks (no tank exceeding 10,000 barrels' capacity) having an aggregate capacity not exceeding 15,000 barrels.
[2] 
When storing normally stable liquids in tanks not covered in Subsection D(3)(c)[1], one subdivision for each tank in excess of 100,000 gallons (2,500 barrels) and one subdivision for each group of tanks (no tank exceeding 100,000 gallons' capacity) having an aggregated capacity not exceeding 150,000 gallons (3,570 barrels).
[3] 
When storing unstable liquids in any type of tank, one subdivision for each tank except for tanks installed with approved drainage.
[4] 
The drainage channels or intermediate curbs shall be located between tanks so as to take full advantage of the available space with due regard for the individual tank capacities. Intermediate curbs, where used, shall not be less than 18 inches in height.
E. 
Testing. All tanks, whether shop-built or field-erected, shall be strength tested before they are placed in service. The American Society of Mechanical Engineers code stamp, API monogram or the label of the Underwriters' Laboratories, Inc., on a tank shall be evidence of compliance with this strength test.
A container shall not exceed 60 gallons' individual capacity and shall be made of metal except that:
A. 
Plastic or glass containers having an individual capacity of not more than one pint may be used for flammable and combustible liquids.
B. 
Plastic or glass containers having an individual capacity of not more than one gallon may be used for medicines, beverages, foodstuff and toiletries that are flammable or combustible liquids.
C. 
Plastic or glass containers having an individual capacity of not more than one gallon may be used for flammable and combustible liquids whose chemical purity would be contaminated by metal containers.
A. 
Applicability. This section shall apply to the storage of flammable or combustible liquids in drums or other portable closed containers not exceeding 60 gallons individual capacity inside buildings. This section shall not apply to the storage of closed containers in bulk plants, service stations, refineries, chemical plants and distilleries, nor shall this section apply to areas where containers are opened for dispensing, mixing or handling.
B. 
Inside storage rooms: construction. Inside storage rooms shall comply with the following general construction requirements: Walls, floors and ceilings shall be of noncombustible material having a fire-resistance rating of not less than one hour. Openings to other rooms or buildings shall be provided with noncombustible liquid-tight sills or ramps at least six inches in height and with approved fire doors arranged to close doors automatically in case of fire. A permissible alternate to either sills and ramps is open trenches covered with steel grating which drain to a safe location. Where other portions of the building or other properties are exposed, windows shall be protected in an approved manner. Wood at least one inch nominal thickness may be used for shelving, racks, dunnage, scruffboards, floor overlays and similar installations. Proper ventilation shall be provided. Heating shall be restricted to low pressure steam or hot water or to electric units. Electrical wiring and equipment located in inside storage rooms using Class I liquids shall be approved for Class I, Division 1 hazardous locations; Class II and Class III liquids shall be approved for general use.
C. 
Same: storage. The quantity of flammable liquid in an inside storage room shall not exceed the quantity specified in this subsection except as provided in Subsection D.
(1) 
If not protected by an approved automatic fire extinguishing system:
(a) 
550 gallons total of Class I, II and III liquids, of which not more than
(b) 
275 may be of Class I liquids, of which not more than
(c) 
60 gallons may be of Class IA liquid.
(2) 
If protected by an approved automatic fire extinguishing system:
(a) 
1,100 gallons total of Class I, II and III liquids, of which not more than
(b) 
550 gallons may be of Class I liquids of which not more than
(c) 
275 gallons may be of Class IA liquid.
D. 
Same: fire resistance. The quantity of flammable or combustible liquid in an inside storage room may be increased to that permitted by this subsection, provided the construction is as provided in Subsection B, but with walls, floors and ceiling of noncombustible material having a fire resistance rating of not less than two hours.
(1) 
If not protected by an approved automatic fire extinguishing system, the room shall contain not more than:
(a) 
1,100 gallons total of Class I, II and III liquids of which not more than
(b) 
550 gallons may be of Class I liquid of which not more than
(c) 
275 gallons may be of Class IA liquid.
(2) 
If protected by an approved automatic fire extinguishing system, the room shall not contain more than:
(a) 
11,000 gallons total of Class I, II and III liquids of which not more than
(b) 
2,750 gallons may be Class I liquid of which not more than
(c) 
550 gallons may be of Class IA liquid.
(3) 
These amounts may be increased to not more than one day's supply where daily consumption exceeds the above limits.
E. 
Storage cabinets. Storage cabinets may be used where it is desired to keep more than 10 gallons of flammable or combustible liquids inside buildings. No individual container shall exceed five gallons capacity and not over 50 gallons shall be stored in any one cabinet.
F. 
Exits; stairways. Flammable or combustible liquids shall not be stored (including stock for sale) near exits, stairways or areas normally used for the safe egress of people.
G. 
Closed containers. The storage of flammable or combustible liquids in closed containers shall comply with the following occupancy schedule, except that the Chief of the Fire Department may impose a quantity limitation or require greater protection where, in his opinion, unusual hazard to life or property is involved, or he may authorize an increase of these amounts where the type of construction, fire protection provided or other factors substantially reduce the hazard.
H. 
Dwellings and apartment houses containing not more than three dwelling units and accompanying attached or detached garages. Storage other than fuel oil for oil burner service, shall be prohibited, except that which is required for maintenance or equipment operation which shall not exceed 10 gallons. Such flammable or combustible liquid shall be stored in metal closed containers or safety cans.
I. 
Assembly and business occupancies, apartment houses containing more than three dwelling units and hotels. Storage other than fuel oil for oil burner service shall be prohibited, except that which is required for maintenance and operation of building and operation of equipment. Such storage shall be kept in closed metal containers stored in a storage cabinet or in safety cans or in an inside storage room not having a door that opens into that portion of the building used by the public.
J. 
Educational and institutional occupancies. Storage other than fuel oil for oil burner service shall be limited to that required for maintenance, demonstration, treatment and laboratory work. Flammable or combustible liquids in the laboratories and at other points of use shall be in containers not larger than one quart or in safety cans or in storage cabinets.
K. 
Mercantile occupancies. In rooms or areas accessible to the public, storage shall be in closed containers and limited to quantities needed for display and normal merchandising purposes. Where the aggregate quantity of additional stock exceeds 50 gallons. It shall be stored in rooms or portions of buildings that comply with the construction provisions of Subsection B.
L. 
General purpose and public warehouses. Storage shall be in accordance with Table 198-49[1] in fire-resistive buildings or in portions of fire-resistive buildings cut off by standard fire walls from combustible materials other than liquids except as may be required by other portions of this Part 1. Noncombustible material, creating no hazard to the flammable or combustible liquids, may be stored in the same area as the liquids.
[1]
Editor's Note: Said table is included at the end of this chapter.
M. 
Flammable or combustible liquid warehouses or storage buildings. Storage shall be in accordance with Table 198-49. Storage buildings shall be of fire resistive or noncombustible material. If the storage building is located 30 to 50 feet from a building or line of adjoining property that may be built upon, the exposing wall shall be a noncombustible blank wall having a fire resistance rating of not less than two hours. If the storage building is located 10 to 30 feet from a building or line of adjoining property that may be built upon, the exposing wall shall be a blank wall having a fire resistance rating of not less than three hours. If the storage building is less than 10 feet from the line of adjoining property that can be built upon, the exposing wall shall be a blank wall having a fire resistance rating of not less than four hours. In particular installations the distances between the storage building and other buildings may be altered at the discretion of the Chief of the Fire Department after consideration of the height, size and character of construction and occupancy of the exposed buildings. At the discretion of the Chief of the Fire Department approved Class A fire doors may be installed in an approved manner on the otherwise blank walls.
A. 
This section shall apply to the storage of flammable or combustible liquids in drums or other portable closed containers not exceeding 60 gallons' individual capacity outside of buildings in areas used solely for such storage. This section shall not apply to storage of flammable or combustible liquids in drums or portable closed containers in bulk plants, service stations and refineries.
B. 
Drums shall not be stored outside on building platforms or between buildings, or in locations adjacent thereto, in such a manner that they would contribute to the spread of fire.
C. 
Storage of over 100 drums of Class I liquids shall be limited to groups of 100 drums, located at least 60 feet from the nearest building or line of adjoining property that may be built upon, and each group shall be separated by at least 40 feet. Storage of over 300 drums of Class II or Class III liquids shall be limited to groups of 300 drums located at least 50 feet from nearest building or line of adjoining property that may be built upon, and each group shall be separated by at least 30 feet. These distances may be reduced 50% if sprinklers and drainage away from exposures are provided. In particular installations the distances to buildings may be altered at the discretion of the Chief of the Fire Department after consideration of the height, size and character of construction and occupancy of the exposed buildings.
A. 
Location, generally. Dispensing devices at automotive service stations shall be so located that all parts of the vehicle being served will be on the premises of the service station.
B. 
Same, inside garages. Approved dispensing units may be located inside garages upon specific approval of the Chief of the Fire Department. The dispensing area shall be separated from motor vehicle repair areas in a manner approved by the Chief of the Fire Department. The dispensing unit and its piping shall be protected against physical damage from vehicles either by mounting on a concrete island or by equivalent means and shall be located in a position where it cannot be struck by a vehicle descending a ramp or other slope out of control. The dispensing area shall be provided with an approval mechanical or gravity ventilation system. A clearly identified switch, readily accessible in case of fire or physical damage to any dispensing unit, shall be provided to shut off the power to dispensing units. When dispensing units are located below grade, only approved mechanical ventilation shall be used and the entire dispensing area shall be protected by an approved automatic sprinkler system. The ventilating system shall be electrically interlocked with the gasoline dispensing units so that the dispensing units cannot be operated unless the ventilating fan motors are energized.
C. 
Dispensing units.
(1) 
Class I liquids shall be transferred from underground tanks by means of fixed pumps so designed and equipped as to allow control of the flow and to prevent leakage or accidental discharge. Class I liquids shall not be transferred from any storage tank by any equipment or procedure which subjects the shell of the storage tank to pressures above its allowable working pressure. Air or gas pressure shall not be used for this purpose.
(2) 
Supplemental means shall be provided outside of the dispensing device whereby the source of power may be readily disconnected in the event of fire or other accident.
(3) 
Dispensing devices for Class I liquids shall be approved type.
(4) 
Class I liquids shall not be dispensed by pressure from drums, barrels and similar containers. Approved pumps taking suction through the top of the container or approved self-closing faucets shall be used.
D. 
Automatic dispensing units. The installation and use of unattended coin-operated dispensing devices for Class I liquids is prohibited.
E. 
Delivery nozzles.
(1) 
Manual nozzles. The dispensing of Class I liquids into the fuel tank of a vehicle or into a container shall be under the control of a competent attendant at all times. The use of any device which permits the dispensing of Class I liquids when the hand of the operator of the discharge nozzle is removed from the nozzle control lever is hereby forbidden except when using an automatic nozzle at an automotive service stations as provided in Subsection D(2).
(2) 
Automatic nozzles with latch-open devices. In lieu of being held open by hand, an automatic nozzle may be used for dispensing Class I liquids into the fuel tank of a vehicle. Such a nozzle shall have the latch-open device as an integral part of the assembly and shall shut off the liquid reliably and positively when the gasoline tank is filled, when it falls from the filling neck of an automobile tank, when it is subject to rough usage such as dropping or lack of proper lubrication or when an automobile is driven away while the nozzle is still in the tank. A competent attendant shall be in the immediate vicinity of the vehicle being filled by such an approved nozzle.
F. 
Dispensing containers. No delivery of any Class I liquids shall be made into portable containers unless the container has a tight closure with screwed or spring cover and is fitted with a spout or so designed that the contents can be poured without spilling.