Ohio Administrative Code
Title 1301:7 - Division of State Fire Marshal
Chapter 1301:7-9 - Underground Storage Tanks
Section 1301:7-9-19 - Underground storage tank operator training
Universal Citation: OH Admin Code 1301:7-9-19
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 underground storage tank operator training requirements. This rule is adopted by the state fire marshal in accordance with Chapter 119 of the Revised Code and shall not be considered part of the "Ohio Fire Code."
(B) Definitions.
For the purpose of this rule:
(1) "Attended UST site" means an UST site
that has an attendant on duty that authorizes the dispensing or transfer of
regulated substance from the UST system; and
(2) "Unattended UST site" means an UST site
that, by design, has no attendant on duty that authorizes the dispensing or
transfer of regulated substance from the UST system.
(C) Classes of operators.
(1) The owner or operator of the UST system
is responsible for ensuring that the Class A, Class B, and Class C operators
fulfill their responsibilities under this rule. The owner or operator of an UST
system shall designate a Class A, Class B, and Class C operator for an UST site
as follows:
(a) Class A, Class B, or Class C
operators may be, but are not required to be:
(i) "Owners" or "operators" as these terms
are defined in rule
1301:7-9-02 of the
Administrative Code;
(ii) Persons
employed by owners or operators; or
(iii) Persons contractually obligated to
owners or operators to perform the functions of a Class A, Class B, or Class C
operator.
(b) An owner
or operator may designate a person as a Class A, Class B, or Class C operator
for more than one UST site.
(c)
After successfully completing training in accordance with this rule, Class A,
Class B, or Class C operators are not required to repeat training if the
operator assumes responsibilities at another site except for Class B operators
who are required to be retrained pursuant to paragraph (D)(6) of this rule.
(d) Attended UST site. Either a
Class A, or Class B, or Class C operator shall be present at an attended UST
site during the operation of the UST system.
(i) At the owner or operator's discretion,
one person may be designated to fulfill the responsibilities of the Class A,
Class B, and Class C operator for an attended site.
(ii) A Class A or Class B operator is not
required to be present at an attended UST site.
(iii) A Class C operator shall be present at
an attended UST site during the operation of the UST system.
(e) Unattended UST site. Owners or
operators of unattended UST sites shall designate a Class A, Class B, and Class C operator for each UST site.
(i) A Class A, Class B, or Class C operator
is not required to be present at an unattended UST site.
(ii) Unattended UST sites shall have a
legible sign posted in a conspicuous place with the name and address of the UST
site, the telephone number of the UST site owner or Class B operator, and
emergency response procedures including an emergency contact name and telephone
number.
(2) A
Class A operator has primary responsibility for achieving and maintaining
compliance with statutory and regulatory requirements and standards necessary
to operate and maintain the UST system at one or more UST sites.
(a) The Class A operator ensures that
appropriate individuals:
(i)
Properly operate and maintain the UST system;
(ii) Maintain appropriate records;
(iii) Are trained to operate and maintain the
UST system and keep records;
(iv)
Properly respond to emergencies caused by releases or spills from UST systems
at the facility; and
(v) Make
financial responsibility documents available to the state fire marshal as
required.
(b) The Class
A operator shall be trained in the following:
(i) A general knowledge of UST system
requirements so he or she can make informed decisions regarding compliance and
ensure appropriate individuals are fulfilling operation, maintenance, and
recordkeeping requirements and standards of these regulations regarding:
(a) Spill prevention;
(b) Overfill prevention;
(c) Release detection of USTs, piping and
containments;
(d) Corrosion
protection;
(e) Emergency response;
and
(f) Product
compatibility;
(ii)
Financial responsibility documentation requirements;
(iii) UST registration and permit
notification requirements;
(iv)
Release and suspected release reporting;
(v) Recordkeeping requirements;
(vi) Temporary and permanent closure
requirements;
(vii) Class C
operator training requirements;
(viii) Delivery prohibition requirements; and
(ix)
Walkthrough
inspections.
(3) A Class B operator has primary
responsibility for implementing applicable requirements and standards for UST
systems at one or more UST sites.
(a) The
Class B operator monitors, maintains, and ensures:
(i) Release detection method, recordkeeping,
and reporting requirements are met;
(ii) Release prevention equipment,
recordkeeping, and reporting requirements are met;
(iii) All relevant equipment complies with
performance standards; and
(iv)
Appropriate individuals are trained to properly respond to emergencies caused
by releases or spills from UST systems at the UST site.
(b) The Class B operator shall be trained in
the following design, construction, operation, and maintenance aspects of the
UST system:
(i) Design and construction of an
UST system including the UST, piping, containments, secondary containment,
spill prevention, and overfill prevention, and ancillary equipment;
(ii) UST system components compatibility,
corrosion protection, and corrosion resistance;
(iii) Methods of release detection and
release prevention applied to UST systems;
(iv) Operation and maintenance requirements
of UST systems including but not limited to:
(a) Spill prevention;
(b) Overfill prevention;
(c) Release detection of USTs, piping and
containments;
(d) Corrosion
protection; and
(e) Emergency
response;
(v) Release
reporting and recordkeeping requirements;
(vi) Class C operator training requirements;
(vii) Delivery prohibition requirements; and
(viii)
Walkthrough
inspections.
(4) A Class C operator is responsible for the
initial response to alarms or other indications of emergencies caused by spills
or releases from a UST system and notifying the Class A or Class B operator and
appropriate emergency responders when necessary. Not all employees of the
facility are required to be Class C operators.
(a) The Class C operator typically:
(i) Controls or monitors the dispensing or
sale of regulated substances; and
(ii) Is responsible for initial response to
alarms or releases associated with the UST system.
(b) The Class C operator shall be trained
to
take action in
response to emergencies or alarms caused by spills, overfills, releases, or
suspected releases from an UST system.
(D) Training and certification .
(1)
Owners and
operators shall:
(a) Maintain documentation
identifying Class A, Class B, and Class C operators, and provide to the state
fire marshal a list of all designated Class A, Class B, and Class C operators
for an UST site upon request by the state fire marshal; and
(b) Maintain proof of training of Class A,
Class B, and Class C operators for an UST site in the form of certificates
issued pursuant to paragraph (D)(2)(b) or (D)(3)(f) of this rule and shall
provide copies of certificates to the state fire marshal upon request by the
state fire marshal.
(2)
All designated Class A and Class B operators
shall be trained by a trainer approved pursuant to paragraph (E) of this rule.
(a) Trainers approved pursuant to paragraph
(E) of this rule shall administer an evaluation to Class A and Class B
operators at the start of training and a second evaluation to Class A and Class
B operators at the end of training. All evaluations shall be in a format
designated by the state fire marshal.
(b) Trainers approved pursuant to paragraph
(E) of this rule shall issue a certificate, on a form designated by the state
fire marshal, to Class A and Class B operators who demonstrate successful
completion of training.
(3)
All designated Class
C operators shall be trained in accordance with the following.
(a)
Owners or operators are responsible for ensuring that all Class C operators
have completed operator training pursuant to this rule.
(b) Trainers of Class C operators shall use
training materials that cover the topics identified in paragraph (C)(4)(b) of
this rule. Training materials for Class C operator training may include, but
not limited to, classroom, hands-on, paper, electronic, or internet based
instructional media.
(c) Training
materials for Class C operators shall be approved by a Class A or Class B
operator.
(d) Trainers of Class C
operators are not required to obtain approval of the training materials from
the state fire marshal prior to providing training.
(e) Trainers of Class C operators shall
administer an evaluation to Class C operators at the end of training. All
evaluations shall be in a format designated by the state fire marshal.
(f) Trainers of Class C operators
shall issue a certificate, on a form designated by the state fire marshal, to
Class C operators who demonstrate successful completion of training.
(g) Upon request by the state fire marshal,
owners or operators shall submit to the state fire marshal copies of the
instructional materials used for Class C training for all currently designated
Class C operators at an UST site.
(h) Upon request by the state fire marshal,
owners or operators shall submit to the state fire marshal proof of training
including, but not limited to, copies of evaluations or certificates for all
currently designated Class C operators at an UST site.
(4)
New operators shall be
trained within the following timeframes:
(a)
Class A and Class B operators shall be trained within sixty days of assuming
responsibilities as a Class A or Class B operator at an UST system;
and
(b) Class C operators shall be
trained before assuming responsibility as a Class C operator.
(5) Any person holding a valid
license as a certified UST installer pursuant to rule
1301:7-9-11
of the Administrative Code automatically qualifies as a Class A, Class B, or
Class C operator.
(6)
The state fire
marshal may require Class A or Class B operators to undergo retraining for
violations of rule
1301:7-9-06
or rule
1301:7-9-07
of the Administrative Code. Retraining by the Class A or Class B operator shall
cover topics addressed in paragraph (C)(2)(b) or (C)(3)(b) of this rule,
respectively.
(E) Approval of Class A and Class B trainers and training.
(1) Any
person wishing to sponsor a Class A or Class B operator training program shall
submit an application to the state fire marshal, on a form prescribed by the
state fire marshal, accompanied by a non-refundable fee of two hundred dollars.
All applications shall include, without limitation, all of the following:
(a) A program description and
syllabus;
(b) Lesson plans for each
training program;
(c) Study
materials and hand-outs;
(d) Names,
addresses, and qualifications of all faculty;
(e) Pre-training and post-training
evaluations; and
(f) The method of
attendance verification.
(2) Training applications for Class A
operators shall include lesson plans that cover the topics identified in
paragraph (C)(2)(b) of this rule. Training applications for Class B operators
shall include lesson plans that cover the topics identified in paragraph
(C)(3)(b) of this rule. Training materials for Class A and Class B operator
training may include, but are not limited to,
classroom, paper, electronic, or internet based instructional media.
(3) The state fire marshal may amend or
require the applicant to modify any aspect of a program prior to certifying the
program sponsor.
(4) The state fire
marshal may certify a person to sponsor a Class A or a Class B operator
training program if the person has complied with paragraphs (E)(1)
and (E)(2)
of this rule.
(5) State fire
marshal personnel shall be allowed access to all operator training program
sessions certified under paragraph (E)(4) of this rule.
(6) Certifications issued by the state fire
marshal pursuant to paragraph (E)(4) of this rule and renewals issued by the
state fire marshal pursuant to paragraph (E)(7) of this rule shall be valid for
one year, beginning on the first day of September of each year.
(7) Persons seeking to renew a certificate to
sponsor an operator training program shall submit an application no later than
the first day of July of each year to the state fire marshal, on a form
prescribed by the state fire marshal, accompanied by a non-refundable fee of
one hundred fifty dollars. The application shall include, without limitation, a
description of any changes in the certified program proposed by the sponsor.
The state fire marshal may amend or require the sponsor to modify any aspect of
a program prior to issuing an operator training program certificate renewal to
the sponsor. All programs for which a sponsor obtains an operator training
program certificate renewal shall comply with paragraphs (E)(1) to (E)(6) of
this rule.
(8) An application to
sponsor a Class A or Class B operator training program or renewal thereof shall
be denied by the state fire marshal pursuant to Chapter 119. of the Revised
Code when any of the following occur:
(a) The
applicant failed to provide all the information required by the application
form prescribed by the state fire marshal;
(b) The applicant failed to provide the fee
required for application;
(c) The
applicant made a misrepresentation or submitted false statements with the
application;
(d) The training
program submitted by the sponsor is determined by the state fire marshal to not
comply with a provision of paragraph (C)(2)(b) or (C)(3)(b) of this rule;
or
(e) The applicant failed to
submit a renewal application on or before the first day of July of each
year.
(9) A certificate
or renewal issued to sponsors of a Class A and
Class B operator training program pursuant to this rule may be suspended or
revoked by the state fire marshal pursuant to Chapter 119. of the Revised Code.
Such suspension or revocation may occur for any of the following reasons:
(a) The person obtained his certification
through fraud or misrepresentation;
(b) The training program offered by the
sponsor is determined by the state fire marshal to not comply with a provisions
of paragraphs (C) to (E) of this rule; or
(c) The sponsor failed to retain records
required by paragraphs (E)(12) and (E)(13) of this rule.
(10) After expiration of a certification to
sponsor training, any application for renewal will be considered as a new
application and the applicant shall be required submit all information required
by paragraph (E) of this rule.
(11)
The state fire marshal may grant a variance from the timely submittal of a
renewal application if the applicant provides good cause as determined by the
state fire marshal.
(12) Training
sponsors shall retain copies of Class A and Class B operator instructional
materials for a period of five years and shall submit copies of the
instructional materials to the state fire marshal upon request by the state
fire marshal.
(13) Training
sponsors shall retain copies of Class A and Class B operator evaluations and
attendance sheets for every person trained for a period of five years and shall
submit copies of these documents to the state fire marshal upon request by the
state fire marshal.
(14) The state
fire marshal may conduct operator training programs. Such programs shall be
closely related to those topics listed in paragraph (C) of this rule or related
technical information.
(15) No
reciprocity with other states or entities shall be allowed for Class A or Class
B operator training. Any person wishing to sponsor a Class A or Class B
operator training program shall comply with the application requirements
defined in paragraphs (E)(1) and (E)(2) of this rule.
(F) Alternative options.
Other operator training requirements and methods may be used in place of any requirements or methods described in this rule if an owner or operator demonstrates that the alternative method meets the intent of the methods or requirements specified in this rule, and the state fire marshal, at his discretion, approves the alternative method in writing prior to the use of the method. If the alternative method is approved, the owner or operator shall comply with any terms and conditions imposed on its use by the state fire marshal.
Effective: 9/1/2017
Five Year Review
(FYR) Dates: 05/17/2017 and
07/31/2022
Promulgated
Under: 119.03
Statutory
Authority: 3737.88
Rule
Amplifies: 3737.88
Prior
Effective Dates: 9/1/11
Disclaimer: These regulations may not be the most recent version. Ohio 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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