Current through all regulations passed and filed through September 16, 2024
(A) Purpose and scope.
For the purpose of prescribing rules pursuant to section
3737.88 of the Revised Code, the
state fire marshal hereby adopts this rule to establish permit requirements for
underground storage tanks containing petroleum or other regulated substances.
This rule is adopted by the state fire marshal in accordance with Chapter 119.
of the Revised Code and shall not be considered a part of the "Ohio Fire
Code."
(B)
Storage tank systems that are partially exempt as
described in paragraph (E) of rule
1301:7-9-01 of the
Administrative Code are not required to obtain a permit for activities listed
in paragraph (C)(1) of this rule or use certified UST installers and UST
inspectors as described in paragraph (D) of this rule.
(C) Permits.
(1) A permit is required to perform all of
the following activities on an UST system:
(a)
Installation;
(b)
Removal;
(c)
Closure-in-place;
(d)
Removal from service more than ninety
days;
(e)
Performance
of a change in service;
(f)
Performance of a change of product;
(g)
Performance
of a major repair of an UST system that has caused a release;
or
(h)
Performance of a modification of an UST system or
component.
(2) A permit
is not required to operate an UST system or perform routine maintenance or
normal operational upkeep of an UST system.
(3) A permit must be obtained prior to any
permit related activity taking place
unless the state fire marshal or the local fire
agency that has been given delegated authority pursuant to rule
1301:7-9-15
of the Administrative Code having jurisdiction over the location where the
activity is to take place
gives verbal approval or
establishes an alternative notification process to allow permit related
activity to be performed prior to the issuance of a permit
.
(4) Any person engaged in an activity
requiring a permit shall submit a permit application form prescribed by the
state fire marshal accompanied by any drawings or additional information
required on the prescribed application form. A permit shall be obtained for any
of the activities described in paragraph (C)(1) of this rule from the local
fire agency that has been given delegated authority pursuant to rule
1301:7-9-15
of the Administrative Code having jurisdiction over the location where the
activity is to take place. Otherwise, the permit shall be obtained from the
state fire marshal.
(a) The authority issuing the permit shall
review the permit application and, if the authority determines that the
proposed activity is in compliance with this rule and that the appropriate fee
has been paid, the authority shall issue the permit. The authority may place
upon the permit such terms and conditions as the authority determines to be
necessary to bring the proposed activity into compliance with this
chapter.
(b) Any permit issued
under this paragraph shall not be construed as authority to violate any
provision of this chapter.
(c) The
state fire marshal may revoke any permit pursuant to Chapter 119. of the
Revised Code if upon inspection any violation of this chapter exists, if
conditions of a permit have been violated, or if there has been any false
statement or misrepresentation as to a material fact on the permit application
or supporting documentation.
(5) For permits obtained from the state fire
marshal, the permit fee shall be thirty-five dollars for each location
described in the permit application. Inspections conducted by a state fire
marshal employee shall be billed at a rate of sixty dollars per hour for each
hour or fraction thereof at the inspection location. The state fire marshal may
bill the owner of the underground storage tank or the owner of the property
where the underground storage tank is located. Permit and inspection fees for
permits obtained from a local fire agency that has been delegated authority
pursuant to rule
1301:7-9-15
of the Administrative Code shall be established by the local fire
agency.
(6) No person shall operate
any UST system or portion thereof upon which there are past due permit fees or
inspection fees owed to the state fire marshal. Inspection fees will be
considered past due if they are not actually received by the state fire marshal
within thirty days of the date of the invoice. Nothing in this paragraph shall
be construed to establish inspection fees charged by an UST inspector certified
pursuant to rule
1301:7-9-15
of the Administrative Code.
(7)
Obtaining a permit pursuant to this rule does not relieve a person engaged in
underground storage tank activity from;
(a)
The obligation of
obtaining any other applicable federal, state, or local permits,
or
(b)
The obligation of complying with any other applicable
federal, state, or local laws and regulations.
(D) Certified UST installers and
UST inspectors.
All activity requiring a permit shall
be supervised by an installer certified pursuant to rule
1301:7-9-11
of the Administrative Code, unless instructed otherwise by this chapter. All
activity requiring a permit shall be inspected by an employee of the state fire
marshal or a certified UST inspector who has been certified by the state fire
marshal to conduct such inspections pursuant to rule
1301:7-9-15
of the Administrative Code, unless instructed otherwise by this chapter. No
person shall operate any UST system or portion thereof until the activity
requiring a permit has been inspected.
