§ 11-259. Underground storage tanks.

(a)

Compliance required. The owner, lessee or person(s) in control of the facilities for the storage and dispensing of flammable liquids shall follow the provisions of NFPA-30 and NFPA-329 as adopted under this Division and the procedures hereinafter set forth, and shall assume any cost related thereto; provided, however, that where compliance requires the making of additions to or changes in the structure of the facility, such as would immediately become real estate and be the property of the owner of the real property, the order shall affect the owner and not the lessee or other person(s) in control of the facility, unless it is otherwise agreed between the owner and lessee or other person(s) in control of the facility. This Section shall apply to any facility used for the storage of flammable liquids when in the judgment of the Fire Chief or authorized representative there is evidence of a leak and hazard to life. Farm operations shall be exempt from this Section. The determination of a farm operation shall be the same as shown by the State Department of Assessments and Taxation.

(b)

Tanks to which requirements apply. Unless otherwise indicated, testing requirements of this Section shall not apply to tanks and equipment made of fiberglass or other noncorrosive material subject to the approval of the Fire Chief or authorized representative.

(c)

New or replacement installation. Before any tanks and equipment for the storage and dispensing of flammable liquids are covered from sight following installation, the Fire Chief or authorized representative shall inspect the installation and give approval therefor if the requirements of this Section have been met. Tanks that have been glass lined (fiberglass) shall be tested as if a new tank. A record of tank size, name of manufacturer, and serial number shall be placed on a correction order after test for tightness is finished.

(d)

Tanks in service, inventory records, and pressure testing pipe. Accurate inventory control records for the purpose of detecting system leakage shall be maintained by the person(s) or company in control of the premises for each underground storage facility in accordance with NFPA-30 and NFPA-329 as adopted by this Division. The person(s) or company in control of the premises shall promptly report any significant loss of product to the Fire Chief or authorized representative, in accordance with standards established by the Fire Chief or authorized representative for the facility. The person(s) or company shall make and record daily measurements of product inventory. These inventory control records shall be available for checking by the Fire Chief or authorized representative upon request. All piping in remote pumping installations in existence on March 1, 1977, shall be subjected to a pressure test for at least thirty (30) minutes pneumatically to 110% of the maximum anticipated pressure of the system, but not less than five (5) pounds per square inch at the highest point of the system within two (2) years of March 1, 1977. Such tests shall be repeated on all such systems at intervals no greater than five (5) years. The date of the test, the pressure to which the system was tested, the duration and the results thereof shall be recorded and maintained until the date of the next test and shall be available upon request for inspection by the Fire Chief or authorized representative.

(e)

Tanks in service; storage testing. All underground flammable liquid storage tanks which will have been buried for ten (10) years or more on March 1, 1977, and all those tanks for which no buried installation date can be reasonably determined, shall be tested for tightness according to the standards set forth in NFPA-329 as adopted by this Division. In the event that a "final test" is required on any buried storage tank prior to the expiration of the ten (10) years, a later test will not be required without cause until the expiration of five (5) years from the date of the test or the expiration of the tenth year of its installation, whichever occurs later. After the tenth year, "final tests" shall be repeated on all such tanks at intervals no greater than five (5) years without cause. The date of the test, the model and the type of the tester, the name of the operator of the equipment, the duration and results thereof shall be recorded and maintained until the date of the next test and shall be available for inspection by the Fire Chief or authorized representative.

(f)

Testing for cause. Notwithstanding the foregoing requirements for testing piping and underground storage tanks, the Fire Chief or authorized representative may require a "final test" or its equivalent on any such system when he or she finds any of the following conditions exist:

(1)

That inventory control records are improperly kept so that it cannot be determined whether a shortage of product exists.

(2)

Inventory control records indicate a shortage of product.

(3)

There is a detection of leakage.

(4)

There is a persistent odor or presence of flammable liquids in any structure, building, vault, well, or unapproved location within Prince George's County.

(g)

Underground flammable liquids storage tanks out of service. Underground tanks which are not in active service shall be treated as "temporarily out of service" by taking the following steps:

(1)

Notify the Office of the Fire Marshal of intent to render the tank inactive.

(2)

Secure the fill-line cap, gauge-opening cap, and pump suction or discharge line, if disconnected, against tampering and product leakage.

(3)

Assure that the vent line is open.

(4)

Purge the tank. An underground tank shall not be left in "temporarily out of service" condition in excess of twelve (12) months. If it is to be returned to service, the final test shall be applied as outlined in Section VII of NFPA-329.

(h)

Abandoned underground flammable liquid tanks. Underground tanks which are not in active service and which do not comply with Section VII of NFPA-329 shall be removed in accordance with Appendix C-4 and C-5 of NFPA-30. Tanks shall not be abandoned by leaving in place without the express approval of the Fire Chief or authorized representative.

(i)

Corrosion protection. Corrosion protection for tanks and piping shall be provided by one (1) or more of the following methods:

(1)

Cathodic protection;

(2)

Corrosion resistant materials or construction;

(3)

Use of protective coating or wrappings.

Selection of the type of protection to be employed should be based upon the corrosion history of the geographical soil area and the judgment of a qualified corrosion engineer.

(j)

All establishments storing or handling flammable materials shall be plainly marked with signs at entrances to storage or use areas and at such other points as may be recommended by the Fire Chief or authorized representative. Filling and emptying connections for Class IA, IB, and IC liquids which are made and broken shall be located outside of buildings at a location free from any source of ignition and not less than five (5) feet away from any building opening. Such connections for any liquid shall be closed and liquid tight when not in use and shall be properly identified by color and/or wording or other means approved by the Fire Chief or authorized representative.

(k)

The dispensing of gasoline, or any product mixing gasoline with another flammable or combustible liquid, into any portable container, and the transportation of such product in a portable container, is subject to the limits of Class I-A liquids under Table 9.4.3, NFPA-30, with the exception that glass and plastic containers are prohibited unless they bear a label of approval to contain gasoline from a recognized testing laboratory approved by the Fire Chief or authorized representative.

(l)

Storage of Class I liquids, as defined in NFPA-30, in any tank or container that is fixed rather than portable, is prohibited on any residential property which does not include farm operations. The determination of a farm operation shall be the same as shown by the State Department of Assessments and Taxation.

(m)

Storage of Class I liquids, as defined by NFPA-30, is prohibited in a single-family dwelling except for the following:

(1)

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.

(2)

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 thirty (30) days.

(3)

Up to five (5) gallons of such Class I liquids in a garage or other attached storage area.

(n)

Storage of Class I liquids, as defined by NFPA-30, is prohibited in any multiple-family dwelling.

(CB-107-1979; CB-79-1983; CB-80-2006; CB-47-2010)