Okla. Admin. Code § 35:10-7-4

Current through Vol. 42, No. 4, November 1, 2024

Section 35:10-7-4 - Approval of temporary space

(a) Temporary space is space which does not meet standard requirements for conventional space and may be approved for use if the following minimum requirements are met.

(1) The temporary space shall be operated in conjunction with a conventional chartered elevator and the capacity to be approved shall be compatible with the warehouseman's operational and financial capabilities. Approval shall be on a "case by case" basis. Warehousemen shall advise the Board of their intent, with an application indicating location, construction, quantity to be stored, and estimated time of use.

(2) Application for approval shall be made only after completion of the structure.

(3) An asphalt or concrete floor shall be provided adequate to preserve the quality and quantity of commodities.

(4) Rigid sidewalls shall be used.

(5) Shall have necessary equipment such as a leg, conveyers, portable augers, or vaculators for handling, receiving, and loading out of the commodities. All storage units shall have either empty storage space to turn and condition the commodities or be equipped with proper ventilation such as air ducts and ventilation fans to keep the commodities from going out of condition.

(6) Acceptable covering shall be provided which shall preclude exposure of the commodities to normal rainfall.

(7) The space shall be immobile.

(8) Warehouseman agrees and signs a statement that all commodities shall be removed from the temporary structure by the following May 1, subject to the extension procedure specified in paragraph (b) below. The Board may accelerate these dates.

(9) Shall meet all inspection, examination, security, net worth, surety, and insurance requirements.

(10) The warehouseman shall maintain a separate record of total commodities stored in temporary space in addition to accounting for the commodities in the daily position record.

(b) A warehouseman may continue to store commodities in temporary facilities beyond May 1, provided:

(1) Application to continue use of temporary space shall be made in writing by the warehouseman by April 1 or thirty (30) days before the expiration of any extension.

(2) The time granted on any extension shall not exceed six (6) months.

(3) Prior to any extension, a re-examination shall be conducted of the temporary space and the cost charged to the warehouseman at the following rates: Ten Dollars ($10.00) for each 10,000 bushels of the temporary storage capacity, with a minimum charge of One Hundred Dollars ($100.00) and a maximum charge of One Thousand Dollars ($1,000.00)

(4) If ready access for inspection purposes is not available to the temporary structure, the warehouseman at the examiner's discretion shall remove the covering or any part of it as required by the examiner to determine quality, condition, and quantity of the commodities in storage.

(5) If the warehouseman and the examiner are not in agreement as to the quality of the commodities, the examiner with the assistance of the warehouseman shall take samples of the mass agreeable to both and submit at the warehouseman's expense to the nearest GIPSA or GIPSA-designated or delegated office for grading.

(6) Based on a visual examination of the temporary structure and observation of the commodities for quantity and quality, the examiner shall report to the Board their findings recommending continued approval or detailing problems that shall be considered before an extension is granted. Adverse conditions shall be reported by telephone to the Board within 24 hours.

(7) The examiner shall issue written notice to the warehouseman for any temporary storage facility which no longer meets requirements. Failure of the warehouseman to place the facility in a suitable condition within a reasonable length of time shall result in the facility being eliminated from coverage from the warehouse approval.

(8) A new statement shall be signed by the warehouseman agreeing to empty the temporary storage unit(s) by the time indicated in (2) of this subsection, subject to extension procedures specified.

Okla. Admin. Code § 35:10-7-4

Amended at 14 Ok Reg 3699, eff 8-7-97 (emergency); Amended at 15 Ok Reg 2490, eff 6-25-98; Amended at 18 Ok Reg 1439, eff 5-25-01