34-38-23. Definition of terms.

Terms used in this chapter mean:

(1)    "Aboveground storage tank," a horizontal or vertical tank that is listed and intended for fixed installation at or above grade and is used within the scope of its listing. This includes a tank inside a building;

(2)    "Authority having jurisdiction," the local or state governing organization, office, or individual responsible for approving equipment, installation, or procedure;

(3)    "Combustible liquid," a liquid having a flash point at or above 100 degrees Fahrenheit, (37.8 degrees Celsius);

(4)    "Department," the Department of Public Safety;

(5)    Repealed by SL 2006, ch 185, § 5;

(6)    "Flammable liquid," a liquid having a flash point below 100 degrees Fahrenheit (37.8 degrees Celsius) and having a vapor pressure not exceeding forty psia (2,068 mm hg) at 100 degrees Fahrenheit (37.8 degrees Celsius) shall be known as a class I liquid;

(7)    "Listed," equipment or materials included in a list published by an organization acceptable to the authority having jurisdiction and concerned with product evaluation, that maintains periodic inspection of production of listed equipment or materials and whose listing states either that the equipment or material meets appropriate standards or has been tested and found suitable for use in a specified manner; and

(8)    "Retail sale," the sale of flammable and combustible liquids for any purpose other than for resale.

Source: SL 1991, ch 269, § 1; SL 2003, ch 272, §§ 20, 121; SL 2004, ch 17, § 225; SL 2006, ch 185, § 5.

34-38-24. Installation of aboveground storage tanks--Approval.

Aboveground storage tanks may be installed at retail locations with the approval of the authority having jurisdiction and as provided for in this chapter.

Source: SL 1991, ch 269, § 2.

34-38-25. Letter of approval required before proposed construction begins--Letter and plans to be submitted to division.

Before proposed construction begins the applicant shall obtain a letter of approval from the local governing body within whose jurisdiction the system is to be installed. This letter and two sets of plans, blueprints, or drawings shall be submitted to the division for examination and approval of compliance with this chapter.

Source: SL 1991, ch 269, § 3.

34-38-26. Compliance with International Fire Code.

Except as otherwise provided in this chapter, aboveground storage tanks shall comply with the applicable provisions of chapter 57 of the International Fire Code, 2015 edition.

Source: SL 1991, ch 269, § 4; SL 2006, ch 185, § 6; SL 2010, ch 177, § 3; SL 2016, ch 181, § 3.

34-38-27. Aboveground storage tank to be listed for such use--Underground tanks not to be installed aboveground--Failure to comply as misdemeanor.

Any tank used for aboveground storage shall be listed for aboveground use. No backfill is permitted. No tank designed and built for underground use may be installed for aboveground use. A violation of this section is a Class 2 misdemeanor.

Source: SL 1991, ch 269, § 5.

34-38-28. Location requirements for aboveground tanks.

Any aboveground storage tank shall be located at least:

(1)    Fifty feet from the nearest important building on the same property;

(2)    Fifty feet from any fuel dispenser;

(3)    Fifty feet from the nearest side of any public way; and

(4)    Fifty feet from any property line that is or may be built upon.

However, distances may be reduced based on site limitations and conditions or quantity of liquid storage at the discretion of the local and division authority having jurisdiction.

Source: SL 1991, ch 269, § 6.

34-38-29. Spill control to be in accordance with International Fire Code.

Spill control shall be provided in accordance with chapter 57 of the International Fire Code, 2015 edition.

Source: SL 1991, ch 269, § 7; SL 2006, ch 185, § 7; SL 2010, ch 177, § 4; SL 2016, ch 181, § 4.

34-38-30. Impermissible methods for dispensing fuel from aboveground tank--Equipment requirements as to tanks--Failure to comply as misdemeanor.

No person may dispense fuel from an aboveground storage tank by either gravity flow or pressurization of the tank. The owner of an aboveground storage tank shall prevent the release of liquid from the tank by syphon flow.

If an aboveground storage tank is at an elevation that produces a gravity head on the dispensing device, the tank outlet shall be equipped with a device such as a normally-closed solenoid valve that will prevent gravity flow from the tank to the dispenser. This device shall be located adjacent to and downstream of the outlet valve. The device shall be installed and adjusted so that liquid cannot flow by gravity from the tank to the dispenser if the piping or hose fails.

If a submersible pump system is used, a listed rigidly anchored emergency shutoff valve, incorporating a fusible link or other thermally actuated device which is designed to close automatically in the event of severe impact or fire exposure, shall be installed in accordance with the manufacturer's instructions in the supply line at the base of each individual island-type dispenser or at the inlet of each overhead dispensing device. An emergency shutoff valve incorporating a slip joint feature may not be used. The automatic closing feature of this valve shall be checked at the time of initial installation and at least once a year thereafter by manually tripping the hold-open linkage.

If a suction pump-type dispensing device is used, a listed, vacuum-actuated shut-off valve, with a shear section, or an equivalent-type valve shall be installed directly beneath each dispensing device.

Shut-off and check valve shall be equipped with a pressure-relieving device to relieve the pressure generated by thermal expansion back to the tank and piping shall be routed so that exposure to physical damage is minimized.

A violation of this section is a Class 2 misdemeanor.

Source: SL 1991, ch 269, § 8.

34-38-31. Protection against vehicular collision.

Aboveground tanks shall be protected against vehicular collision by suitable barriers.

Source: SL 1991, ch 269, § 9.

34-38-32. Maintenance of area within any dike.

The area within any dike shall be kept free of vegetation, debris, and any other material that is not necessary to the operation of the tank and piping system.

Source: SL 1991, ch 269, § 10.

34-38-33. Tank piping system in contact with soil--Protection from corrosion.

Any portion of a tank piping system that is in contact with the soil shall be protected from corrosion in accordance with chapter 57 of the International Fire Code, 2015 edition.

Source: SL 1991, ch 269, § 11; SL 2008, ch 175, § 1; SL 2010, ch 177, § 5; SL 2016, ch 181, § 5.

34-38-34. Delivery and dispensing operations to comply with International Fire Code--Determining liquid level--Equipment requirements.

Delivery operations shall comply with applicable requirements of chapter 57 of the International Fire Code, 2015 edition. Dispensing operations shall comply with the provisions of chapter 57 of the International Fire Code, 2015 edition.

The delivery vehicle shall be separated from any aboveground tank by at least twenty-five feet.

Means shall be provided for determining the liquid level in each tank and this means shall be accessible to the delivery operator. Provisions shall be made either to automatically stop the delivery of fuel to the tank if the liquid level in the tank reaches ninety-five percent capacity or to sound an audible alarm if the liquid level in the tank reaches ninety percent capacity.

A check valve, gate valve with quick-connect coupling, or a dry-break valve shall be installed in the piping at the point where connection and disconnection is made for delivery from a vehicle to any aboveground tank. This device shall be protected against tampering and physical damage.

If the delivery hose is connected directly to the tank, the fill line at the tank shall be equipped with a tight-fill device for connecting the hose to the tank.

Source: SL 1991, ch 269, § 12; SL 2006, ch 185, § 8; SL 2010, ch 177, § 6; SL 2016, ch 181, § 6.

34-38-35. Promulgation of rules.

For the purpose of implementing this chapter, the department may promulgate rules, pursuant to chapter 1-26, to protect the health and safety of persons from fire, explosion and like emergencies based on codes and standards set forth by the International Building Code, the International Fire Code, and the International Mechanical Code, 2015 editions, and referenced standards except such portions as are deleted, modified, or amended.

Source: SL 1991, ch 269, § 13; SL 2006, ch 185, § 9; SL 2010, ch 177, § 7; SL 2016, ch 181, § 7.

34-38-36. Power of local governments as to zoning unaffected.

Nothing in this chapter affects the power of any local government to regulate the use of land by zoning. Any municipality in which there is no comprehensive zoning ordinance in effect may prohibit the installation of flammable or combustible liquids at retail locations within areas which are predominately residential and areas used predominately for retail mercantile purposes.

Source: SL 1991, ch 269, § 14; SL 1992, ch 60, § 2.

34-38-37. Review of actions by director--Director's decision appealable.

Any person aggrieved by any action or decision pursuant to this chapter may seek review of such action or decision by the director of the division pursuant to the contested case provisions of chapter 1-26. The decision of the director may be appealed to circuit court in the manner provided by chapter 1-26.

Source: SL 1991, ch 269, § 15.

34-38-38. Application to facilities constructed after July 1, 2016.

The provisions of this chapter apply to facilities constructed after July 1, 2016. Existing installations shall be permitted only if, in the opinion of local and state authorities, the existing installation does not constitute a distinct hazard to life or property.

Source: SL 1991, ch 269, § 16; SL 2006, ch 185, § 10; SL 2010, ch 177, § 8; SL 2016, ch 181, § 8.

34-38-39. Limitations as to tank capacity.

Tanks may not exceed an individual capacity of twelve thousand gallons and may not exceed an aggregate capacity of forty-eight thousand gallons. Any variance in excess of these amounts can only be granted by the division pursuant to chapter 1-26.

Source: SL 1991, ch 269, § 17; SL 2008, ch 175, § 2.