502 CMR, § 5.03

Current through Register 1533, October 25, 2024
Section 5.03 - Definitions

For the purpose of 502 CMR 5.00, the following terms shall have the meanings respectively assigned to them. In the event there are any terms not defined in 502 CMR 5.03, default to 527 CMR: Board of Fire Prevention Regulations for additional definitions:

Abandoned. A tank out-of-service for a continuous period in excess of 60 months which has been deemed unsafe and a threat to public safety by the Head of the Fire Department and the Marshal.

Aboveground Storage Tank. A horizontal or vertical tank that is listed and intended for fixed installation, without backfill, above or below grade and is used within the scope of its approval or listing, including to the first appurtenance (valve or fitting) either on the shell, or immediately after the shell. Mounded tanks shall be considered aboveground storage tanks. Abbreviated as "AST".

API. The American Petroleum Institute.

API 653 Inspector. A tank inspector in good standing and currently certified by API.

API Standard 510. The American Petroleum Institute Standard 510, Ninth Edition, June 2014, incorporated by reference.

API Standard 650. The American Petroleum Institute Standard 650, Welded Tanks for Oil Storage Tanks, Twelfth Edition.

API Standard 653. The American Petroleum Institute Standard 653, Fourth Edition, April 2009, including addendums 1 through 3, incorporated by reference.

Approved Standard. A technical standard that has been proposed by the tank owner and approved by the Marshal, which establishes the ongoing inspection, maintenance and record keeping practices required to be followed for the life of the tank. Such standard is based upon the type, design and usage of the particular aboveground storage tank regulated by 502 CMR 5.00 and is usually a standard that has been adopted by a nationally recognized standardization body.

ASME. The American Society of Mechanical Engineers.

ASME Pressure Vessel Inspector. A tank inspector in good standing and currently certified by the National Board of Boiler and Pressure Vessel Inspectors.

ASME RTP-1. Reinforced Thermoset Plastic Corrosion Resistant Equipment.

ASTM D 3299-88. Standard Specification for Filament-wound Glass-fiber-reinforced Thermoset Resin Corrosion-resistant Tanks (1988 edition).

ASTM D 4097-88. Standard Specification for Contact-molded Glass-fiber-reinforced Thermoset Resin Corrosion-Resistant Tanks (1988 edition).

Decommissioned Tank. A tank that is being taken out-of-service with no use or activity with the intention of placing such tank back in service at a future date.

Engineer. A Massachusetts Registered Professional Engineer.

Fluid. A substance, either as a liquid or gas, that is capable of flowing and which changes shape at a steady rate when acted upon by a force which changes its shape.

FRPI. Fiberglass Reinforced Plastics Institute.

FRPI SP9000. Standard Practice for Laminating Process ("Manufacturer") Certification.

FRPI SP9000 Inspector. A tank inspector in good standing and currently certified by FRPI.

FRPI SP9100. Standard Practice for Laminate ("Equipment") Certification.

Grade. The finished ground level adjoining the building, structure, or tank, at the exterior. Where a tank is located within a vault, grade shall mean the bottom of the vault.

Head of the Fire Department. The head of the Fire Department or designee as defined in M.G.L. c. 148, § 1.

Local Fire Department. The fire department having jurisdiction where the tank will be constructed or is located.

Maintenance. The installation, removal, replacement or penetration of any shell plate, annular plate ring material, tank bottom, roof or weld joint which involves the repair, replacement or installation of any material with a dimension of greater than 12 inches or the jacking or movement of any existing tank. Maintenance shall not include the routine painting or cleaning or the removal of superficial oxidation incidental to such painting or cleaning or the dismantling of a tank pursuant to a valid permit issued by the head of the fire department. Cutting a hole in a tank to limit the amount of available storage is not considered maintenance.

Marshal. The State Fire Marshal or designee as defined in M.G.L. c. 148, § 1.

Mounded Tank. An ASME tank designed for underground service installed above the minimum depth required for underground service and covered with earth, sand, or other material, or an ASME tank designed for aboveground service, installed above grade and covered with earth, sand, or other material.

Owner. A person, firm or corporation having legal ownership, control or operation of the aboveground storage tank.

Permit. An authorization by the Marshal to either construct, maintain or use an aboveground storage tank in accordance with 502 CMR 5.00 and MGL c. 148, § 37. Such permit shall be required prior to conducting any of the following activities:

(a) Construction. To build or install a new aboveground storage tank.

(b) Maintenance. To modify or perform maintenance on an aboveground storage tank that holds a valid Use Permit.

(c) Use. To use an aboveground storage tank for its permitted purpose.

(d) Decommission. The process of identifying and removing a tank from service such that it cannot be filled or used for storage of any fluid other than water without a new permit application.

Qualified Tank Inspector. An individual who has acquired one of the following qualifications and performs inspections only within the scope of such qualification:

(a) Massachusetts Registered Professional Engineer.

(b) An API 653 Inspector.

(c) An SP001 AST Certified Tank Inspector.

(d) An ASME Pressure Vessel Inspector.

(e) An FRPI SP9000 and SP9100 Inspector.

(f) Alternative Qualified Inspector: a person who has not acquired the qualifications stated in 502 CMR 5.03: Qualified Inspector (a), (b), (c), (d) or (e), but has met the minimum qualifications established and approved by the Marshal.

SP001 AST Certified Tank Inspector. A tank inspector in good standing and currently certified by STI/SPFA.

SP9000 Inspector. A tank inspector in good standing and currently certified by FRPI.

SP9100 Inspector. A tank inspector in good standing and currently certified by FRPI.

STI. Steel Tank Institute.

STI SP001. Standard for the Inspection of Aboveground Storage Tanks, 5th Edition.

Suitability Assessment. A written evaluation conducted by an Engineer, certifying that the tank has been reviewed and determined to be in sound condition and acceptable to safely store the intended product. Any findings, conditions, or recommendations associated with the tank's use shall be included in the report.

Surveyor. A Massachusetts Professional Land Surveyor.

Tank. A vessel designed for the storage of a fluid (gas or liquid).

Temporary. The use of an aboveground storage tank for use less than six months from the date of installation.

Vaulted Tank. An enclosure consisting of four walls, a floor, and a top for the purpose of containing a liquid storage tank and not intended to be occupied by personnel other than for inspection, repair, or maintenance of the vault, the storage tank, or related equipment.

Water. A colorless, transparent, odorless, tasteless liquid that forms the seas, lakes, rivers, and rain and is the basis of the fluid of living organisms and the disposal of which will not result in the degradation of ground or surface water resources.

502 CMR, § 5.03

Amended by Mass Register Issue 1278, eff. 1/16/2015.
Amended by Mass Register Issue 1285, eff. 4/24/2015.
Amended by Mass Register Issue 1311, eff. 1/16/2015.