Kansas Administrative Regulations
Agency 22 - STATE FIRE MARSHAL
Article 7 - FLAMMABLE AND COMBUSTIBLE LIQUIDS
Section 22-7-8 - Retroactivity
Universal Citation: KS Admin Regs 22-7-8
Current through Register Vol. 43, No. 12, March 20, 2024
(a) Kansas Fire Prevention Code regulations governing flammable and combustible liquids shall apply uniformly at all new or existing establishments and facilities in Kansas except as modified below. Requirements pertaining to operational practices and use of containers shall apply and be enforced at all new or existing establishments and facilities at or in which flammable or combustible liquids are stored, handled or used as of the effective date of these regulations.
(1) Physical installations
shall apply and be enforced at all establishments and facilities erected,
constructed, installed or first devoted to flammable or combustible liquid
storage, handling or use on or after the effective date of these regulations.
(2) Establishments and facilities
in existence prior to the effective date of these regulations shall comply with
the following minimum requirements.
(A) The
location or arrangement of buildings, tanks, platforms, docks, or spacing or
clearances between these installations or between these installations and
adjoining property lines, shall not be deemed to be distinctly hazardous and
may be continued. When reconstruction or modernization of any noncomplying
establishment or facility existing prior to the effective date of these
regulations is undertaken, the elimination or correction of such nonconformity
shall then be made in the course of such work.
(B) Lack of adequate emergency venting on any
above ground tank, or lack of an operable fire valve at any tank opening below
the liquid level on above ground tanks of more than 1,100 gallons or on any
size above ground tank used for refueling at a service station, is deemed to be
distinctly hazardous and shall be corrected or eliminated by no later than
January 1, 1994 in all tanks except for crude oil tanks in oil fields, or tanks
at refineries or marine or pipeline terminals.
(C) Lack of a liquid level gauge or a
suitable means to prevent tank overfilling with the availability of appropriate
conversion charts to determine the available capacity of a tank is deemed to be
distinctly hazardous, and such system or means shall be installed and operable
by no later than October 1, 1993.
(D) Lack of diking of existing above ground
tanks to contain a fuel spill of at least 110 percent to the capacity of the
largest tank is deemed to be distinctly hazardous, and such diking or
containment shall be installed which contains the product at a location away
from inhabited buildings or places of high value by no later than January 1,
1994.
(E) Lack of breakaway
devices on all dispenser hoses and the secure anchoring of dispensers is deemed
to be distinctly hazardous, and such shall be installed, anchored and operable
by no later than October 1, 1993.
(F) Lack of a properly installed fire valve
underneath a dispenser in a pressurized piping system is deemed to be
distinctly hazardous, and such device shall be installed immediately.
(G) Lack of a properly operating
solenoid valve installed adjacent to any tank installed at an elevation which
produces a gravity head on a dispensing device used to refuel vehicles and in
the piping serving any such dispenser is deemed to be distinctly hazardous, and
such valve shall be installed by no later than July 1, 1994, or at any prior
date when such piping or dispenser is modified or replace.
(H) Lack of a fire valve or vacuum-activated
anti-siphon valve installed underneath any suction type dispenser served by
above ground tanks at an elevation that produces a gravity head on a dispensing
device used to refuel vehicles is deemed to be distinctly hazardous, and either
a fire valve or anti-siphon vacuum activated valve shall be installed by no
later than July 1, 1994, or at any prior date when such piping or dispenser is
modified or replaced.
(I) Lack of
substantial collision protection at the end of dispenser islands is determined
to be distinctly hazardous, and such protection shall be provided no later than
January 1, 1994, or any prior date when dispenser island is modified or
upgraded.
Disclaimer: These regulations may not be the most recent version. Kansas may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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