W. Va. Code R. § 36-23-23

Current through Register Vol. XLI, No. 24, June 14, 2024

Section 36-23-23 - Flammable and Combustible Liquids

23.1. General requirements.

(a) Only approved containers and portable tanks shall be used for storage and handling of flammable and combustible liq­uids. Approved metal safety cans shall be used for the handling and use of flammable liquids in quantities greater than one (1) gallon, except that this shall not apply to those flammable liquid materials which are highly viscid, (ex­tremely hard to pour), which may be used and handled in original shipping containers. For quantities of one (1) gallon or less, only the original container or approved metal safety cans shall be used for storage, use, and han­dling of flammable liquids.

(b) Flammable or combustible liquids shall not be stored in areas used for exits, stairways, or normally used for the safe pas­sage of people.

23.2. Indoor storage of flammable and combustible liquids.

(a) No more than twenty-five (25) gallons of flammable or combustible liquids shall be stored in a room outside of an ap­proved storage cabinet.

(b) Quantities of flammable and combustible liquids in excess of twenty-five (25) gallons shall be stored in an acceptable or approved cabinet meeting the following re­quirements:

(1) Acceptable wooden storage cabinets shall be construct­ed in the following manner, or equivalent: The bottom, sides, and top shall be constructed of an exterior grade of plywood at least one (1) inch in thickness, which shall not break down or delaminate under standard fire test conditions.

All joints shall be rabbeted and shall be fastened in two (2) directions with flathead wood screws. When more than one (1) door is used, there shall be a rabbeted overlap of not less than one (1) inch. Steel hinges shall be mounted in such a manner as to not lose their holding capacity due to loosening or burning out of the screws when subjected to fire. Such cabinets shall be painted inside and out with fire retardant paint.

(2) Approved metal storage cabinets will be acceptable.

(3) Cabinets shall be labeled in conspicuous lettering, "Flammable--Keep Fire Away".

(c) Not more than sixty (60) gallons of flammable or one hundred twenty (120) gallons of combustible liquids shall be stored in any one (1) storage cabinet. Not more than three (3) such cabinets may be located in a single storage area. Quantities in excess of this shall be stored in an inside storage room.

(d)

(1) Inside storage rooms shall be constructed to meet the required fire-resistive rating for their use. Such construction shall comply with the test specifications set forth in Standard Methods of Fire Test of Building Construction and Material, NFPA 251-1969.

(2) Where an automatic extin­guishing system is provided, the system shall be designed and installed in an approved manner. Openings to other rooms or buildings shall be provided with noncombustible liquid­tight raised sills or ramps at least four (4) inches in height, or the floor in the storage area shall be at least four (4) inches below the surrounding floor. Openings shall be provided with approved self-closing fire doors. The room shall be liquid tight where the walls join the floor. A permissible alternate to the sill or ramp is an open-grated trench, inside of the room, which drains to a safe location. Where other portions of the building or other build­ings are exposed, windows shall be protected as set forth in the Standard for Fire Door and Windows, NFPA No. 80-1970, for Class E or F openings. Wood of at least one (1) inch nominal thickness may be used for shelving, racks, dunnage, scuffboards, floor overlay, and similar installations.

(3) Materials which will react with water and create a fire hazard shall not be stored in the same room with flammable or combustible liquids.

Storage in inside storage rooms shall comply with Table 2 following:

(4) Electrical wiring and equip­ment located in inside storage rooms shall be approved for Class 1, Division 2, Hazardous locations for definitions of Class 1, Division 1 Hazardous locations, see 31.5.

(5) Every inside storage room shall be provided with either a gravity or a mechanical exhausting system. Such system shall commence not more than twelve (12) inches above the floor and be designed to provide for a complete change of air within the room at least six (6) times per hour. If a mechanical exhausting system is used, it shall be controlled by a switch located outside of the door. The ventilating equipment and lighting fixtures shall be operated by the same switch. An electric pilot light shall be installed adja­cent to the switch if flammable liquids are dispensed within the room. Where gravity ventilation is provided, the fresh air intake, as well as the exhausting outlet from the room, shall be on the exterior of the building in which the room is located.

(6) In every inside storage room there shall be maintained one (1) clear aisle at least three (3) feet wide. Containers over thirty (30) gallons capacity shall not be stacked one (1) upon the other.

(7) Flammable and combustible liquids in excess of that permitted in inside storage rooms shall be stored outside of build­ings in accordance with paragraph 23.3. of this section.

23.3. Storage outside buildings.

(a) Storage of containers (not more than sixty (60) gallons each) shall not exceed one thousand one hundred (1,100) gallons in any one (1) pile or area. Piles or groups of containers shall be separated by a five (5) foot clearance. Piles or groups of containers shall not be nearer than twenty (20) feet to a build­ing.

(b) Within two hundred (200) feet of each pile of containers, there shall be a twelve (12) foot wide access way to permit approach of fire control apparatus.

(c) The storage area shall be graded in a manner to divert possible spills away from buildings or other exposures, or shall be sur­rounded by a curb or earth dike at least twelve (12) inches high. When curbs or dikes are used, provisions shall be made for draining off accumulations of ground or rain water, or spills of flammable or combustible liquids. Drains shall terminate at a safe location and shall be accessible to operation under fire condi­tions.

(d) Outdoor portable tank storage:

(1) Portable tanks shall not be nearer than twenty (20) feet from any build­ing. Two (2) or more portable tanks, grouped together, having a combined capacity in excess of two thousand two hundred (2,200) gallons, shall be separated by a five (5) foot clear area. Individual portable tanks exceeding one thou­sand one hundred (1,100) gallons shall be separated by a five (5) foot clear area.

(2) Within two hundred (200) feet of each portable tank, there shall be a twelve (12) foot wide access way to permit approach of fire control apparatus.

(e) Storage areas shall be kept free of weeds, debris, and other combustible material not necessary to the storage.

(f) Portable tanks, not exceeding six hundred sixty (660) gallons, shall be provided with emergency venting and other devices, as required by Chapters 3 and 4 of NFPA 30-1969, the Flammable and Combustible Liquids Code.

(g) Portable tanks, in excess of six hundred sixty (660) gallons, shall have emer­gency ventilating and other devices as required by Chapter 2 and 3 of the Flammable and Combustible Liquids Code, NFPA Code 30-1969.

23.4. Fire control for flammable or com­bustible liquid storage.

(a) At least one (1) portable fire extinguisher, having a rating of not less than 20-B units, shall be located outside of, but not more than ten (10) feet from, the door opening into any room used for storage of more than sixty (60) gallons of flammable or combustible liquids.

(b) At least one (1) portable fire extinguisher having a rating of not less than 20-B units shall be located not less than twenty-five (25) feet, nor more than seventy­five (75) feet from any flammable liquid storage area located outside.

(c) At least one (1) portable fire extinguisher having a rating of not less than 20-B:C units shall be provided on all tank trucks or other vehicles used for transporting and/or dispensing flammable or combustible liquids.

23.5. Dispensing liquids.

(a) Areas in which flammable or combustible liquids are transferred at one (1) time, in quantities greater than five (5) gallons from one (1) tank or container to another tank or contain­er, shall be separated from other operations by twen­ty-five (25) feet distance or by construction having a fire resistance of at least one (1) hour. Drainage or other means shall be provided to control spills. Adequate natural or mechanical ventilation shall be provided to maintain the concentration of flammable vapor at or below ten (10) percent of the lower flammable limit.

(b) Transfer of flammable liquids from one (1) container to another shall be done only when containers are electrically intercon­nected (bonded).

(c) Flammable or combustible liquids shall be drawn from or transferred into vessels, containers, or tanks within a building or out­side only through a closed piping system, from safety cans, by means of a device drawing through the top, or from a container, or porta­ble tanks, by gravity or pump, through an approved self-closing valve. Transferring by means of air pressure of the container or portable tanks is prohibited.

(d) The dispensing units shall be protected against collision damage.

(e) Dispensing devices and nozzles for flammable liquids shall be of an approved type.

23.6. Handling liquids at point of final use.

(a) Flammable liquids shall be kept in closed containers when not actually in use.

(b) Leakage or spillage of flammable or combustible liquids shall be disposed of promptly and safely.

(c) Flammable liquids may be used only where there are no open flames or other sources of ignition within fifty (50) feet of the operation, unless conditions warrant greater clearance.

23.7. Service and refueling areas.

(a) Flammable or combustible liquids shall be stored in approved closed containers, in tanks located underground, or in above ground portable tanks,

(b) The tank trucks shall comply with the requirements covered in the standard for tank vehicles for flammable and combustible liquids NFPA, No. 385-1966.

(c) The dispensing hose shall be an approved type.

(d) The dispensing nozzle shall be an approved automatic-closing type without a latch-open device.

(e) Underground tanks shall not be abandoned.

(f) Clearly identified and easily accessible switch(es) shall be provided at a location remote from dispensing devices to shut off the power to all dispensing devices in the event of an emergency.

(g)

(1) Heating equipment of an approved type may be installed in the lubrica­tion or service area where there is no dispens­ing or transferring of flammable liquids, provided the bottom of the heating unit is at least eighteen (18) inches above the floor and is protected from physical damage.

(2) Heating equipment installed in lubrication or service areas, where flamma­ble liquids are dispensed, shall be of an ap­proved type for garages, and shall be installed at least eight (8) feet above the floor.

(h) There shall be no smoking or open flames in the areas used for fueling, servicing fuel systems for internal combustion engines, receiving or dispensing of flammable or combustible liquids.

(i) Conspicuous and legible signs prohibiting smoking shall be posted.

(j) The motors of all equipment being fueled shall be shut off during the fueling operation.

(k) Each service or fueling area shall be provided with at least one (1) fire extin­guisher having a rating of not less than 20-B:C located so that an extinguisher will be within seventy-five (75) feet of each pump, dispens­er, underground fill pipe opening, and lubrica­tion or service area.

W. Va. Code R. § 36-23-23