Petroleum
Retailers
Responsibilities Regarding
Static Ignition While
Customers
Transfer Gasoline
By Jim Pharr, Fire Marshall - September 23, 2004
jlpharr@aol.com
ESD
Journal Note: We at the ESD Journal believe that Jim is correct in the following
article. We see some retailers doing more these days after the news coverage of
refueling fires but we see many doing as little as possible or nothing at all.
Look at this label, which did not have enough information and was not too obvious
from the start. The retailer placed a "Do not drive off label" over
it. Was there no room anywhere else? In the "Chesterfield
Fire" there were signs in place but the young lady must have not seen
them. They were a little "busy" with too much verbiage and not enough
contrast and icons. They were not as Jim describes in the article - "obvious."
Much attention
has been given in recent years to static electrical discharges igniting gasoline
vapors when fuel is being pumped into automobiles and portable containers. Though
the customer is pumping the gasoline, the retailer has greater knowledge and experience
to assure safety during this hazardous activity. Retailers have been held legally
liable for inappropriate actions made by the customer because the retailer should
take actions to prevent persons from engaging in dangerous actions while at their
site.
What is
a retailer's responsibility? The National Fire Protection Association's documents
NFPA 30, the Flammable Liquids Code and NFPA 30A Code for
Motor Fuel Dispensing Facilities and Repair Garages are
widely accepted standards of care when handling any flammable liquid, including
gasoline. NFPA 30A identifies three types of retail fuel transfer locations, 1)
attended, 2) attended self-service and 3) unattended self-service.
At attended sites,
employees of the retailer are charged with delivering fuel into the
consumer's automobile or portable tank. These persons must be trained
in the hazards of gasoline and how to prevent static fires. At unattended
self-service sites, instructions and warning signs are present to
inform consumers of the hazards associated with gasoline. Our reviews
indicate the greatest number of static discharge fires occur at attended
self-service sites. Here instructions and warnings should be present,
however an employee of the retailer is charged with overseeing proper
fuel transfer.
Where patrons
dispense fuel and attendants monitor the activities of multiple dispensers,
attended self-service locations, retailers are at greater exposure
than when they have full control over the dispensing operation. Because
they have less control than at attended locations, more frequent equipment
inspections, conspicuous posting warnings of dangers, understandable
instruction indicating proper fuel transfer procedures, and observation
to avert dangerous behavior combine to reduce the retailer's liability
exposure, but moreover, reduce the probability of a catastrophic fire
which can injure or kill patrons. Vigilance in assuring employees
are properly trained and remain alert for hazards is essential in
reducing chances of injury or damage from dangerous fires.
Equipment
Inspections
Visual
inspection of each dispenser and the associated hoses and nozzles should be performed
daily to assure no damage is present. When damage is noted, either from visual
inspection or is reported by patrons, the dispenser should be taken out of service
until repaired by a qualified person.
Annual
inspections and testing should be performed on each dispenser, hose and other
equipment. This inspection and testing should be performed to assure the dispensing
system remains in compliance with NFPA and PEI-400 standards.
An
issue of note is that regulations have changed regarding the type of nozzle required
for dispensers designed to facilitate stopping fuel flow anywhere other than the
nozzle, the nozzle must be one "that causes or requires the closing of the
hose nozzle valve before product flow can be resumed or before the hose nozzle
valve can be replaced in its normal position in the dispenser, or the hose nozzle
valve shall not be equipped with a latch-open device."(i)
Many retail distributors have improper nozzles affixed to their dispensers, specifically
those that are capable of starting flow whether or not the patron is near at the
nozzle. For practical matters, removing the hold open devices from all self service
dispensing locations is the best option, this way reentry into vehicles could
not, occur, thus static fires would be reduced.
Warnings
NFPA 30A, 9-9 requires warning
signs "conspicuously posted in the dispensing area incorporating the following
or equivalent wording: (a) WARNING - It is unlawful and dangerous to dispense
gasoline into unapproved containers, (b) No Smoking, and (c) Stop Motor."
Defining conspicuous is key in assuring patrons are properly warned of hazards.
American National Standards Institute Z535.1 identifies the following as indicators
of visibility as:
1. Signs are placed to alert and inform of hazards
in sufficient time to avoid the hazard and take appropriate action. Viewer must
not be in harm's way before seeing and recognizing the sign.
2. Signs
are placed so as to be legible, not creating a distraction, and are not a hazard
in themselves.
3.
Signs are not placed on moveable objects or adjacent to moveable objects like
doors, windows, et cetera, which if moved will obscure the sign.
4.
Should illumination be required in emergency situations, the signs should be equipped
with emergency (battery) illumination or be reflective, or both.(ii)
Based on these criteria, it is logical to conclude that warning
signs must be posted in locations visible to patrons before they began operations
to increase probability warning is understood before fuel flows. Posting warnings
on canopy supports and on the inside of dispenser panels, or above the patron's
line of sight rather than on the dispenser face provides less of a chance patrons
see and understand hazards associated with static ignitions. Dispenser face locations
directly adjacent to operational controls are ideal. Pictographs accompanied by
written message are preferable to written warnings only.
It is imperative
that periodic inspections include assurance that warnings are in place and legible.
Instructions
Operating instructions must
be posted in a conspicuous place.(iii) Instructions should
include information on emergency procedures in addition to directions for operating
the equipment. Information arrangement should indicate where emergency shut offs
are located and what actions the patron should take if a fire results.
Attendant
Training and Observation
The
National Fire Protection Association's code for Motor Fuel Dispensing Facilities
and Repair Garages, NFPA 30A, 2000 requires at least one attendant on duty while
an attended self-service facility is open for business. This attendant's primary
duty is to supervise, observe and control the dispensing of gasoline.(iv)
In order to properly function, attendants must have written procedures and training
to assure they know and understand these procedures. Documentation of formal training
is essential for each attendant who controls fuel dispensing.
Attendants
must be able to visually observe fuel transfer, either by direct line of sight
or through video surveillance systems. Procedures must prevent attendants from
starting dispensers until they visually affirm that all safety measures are engaged.
Among
the responsibilities of an attendant is to control sources of ignition.(v)
In addition to preventing fuel delivery should smoking occur within 20 feet of
the delivery point, controls should be shut off if automobiles are not turned
off. Control of known static accumulators is also essential to prevent ignition,
an example of an attendants responsibilities is to shut off the dispenser should
a patron leaves the refueling position and especially if the patron reenters their
vehicle.
Another
stated responsibility is to prevent dispensing into improper portable containers
or to dispense the fuel into them improperly. Codes require that containers have
a tight closure and fitted spouts that prevent spillage when fuel is being poured
from them. Filling can only be done by manually holding the nozzle open during
dispensing. Lastly, portable containers holding less than 12 gallons capacity
are not permitted to be filled while they are in or on a motor vehicle or marine
craft. Attendants observing persons dispensing gasoline into containers inside
vehicles must immediately stop the pump.
CONCLUSION
Failure of the retailer to
properly supervise and control gasoline transfer, especially at attended self-service
locations, places the retailer at significant liability should a fire occur. NFPA
30A is very specific in assigning responsibility to retailers for assuring proper
procedures are followed during fuel transfer. This raises the question, what can
a retailer do to reduce the probability of fires and to diminish liability issues
from such ignitions. We offer these suggestions:
1.
Become acquainted with NFPA, PEI and API codes and standards. Follow these standards
in design and operation of attended self service facilities.
2. Assure
facilities are designed and used in accordance with the standards, including:
a. Dispensers are properly labeled with instructions and warnings
b. Attendants can physically see each refueling location, either through
line of sight or by video.
c. Assure that each transaction is observed,
especially when the transfer starts and if it stops for any duration.
d. Locate the emergency stop switch(s) in a conspicuous location.
3. Promulgate written procedures for gasoline transfer at each location.
4. Conduct frequent inspections to assure all equipment is in proper working order,
including periodic analysis to assure conductivity between components.
5. Reinforce attendants are responsible to stop improper actions immediately,
regardless of customer desire.
a. When an attendant observes a customer
leave the refueling area, they should stop fuel flow until that customer returns,
especially if the customer reenters their vehicle.
b. When customers
are filing portable containers, they should be clearly visible to the attendant.
NFPA 30A states the attendant shall allow fuel transfer only into proper containers,
unless they are able to visually assure proper containers are present, the dispenser
should not be activated. To accomplish this goal, one may chose to designate specific
areas where containers must be placed before activation is authorized.
Should
the attendant observe unsafe acts, they must stop fuel flow to that dispenser
immediately.
i NFPA 30A, 2000 - section 6.6.3
ii ANSI Z535.1 - 1991 edition
iii NFPA 30A , 2000 - Section 9.4.4
iv NFPA 30A, 2000 - Section 9.4.2
v NFPA 30A, 2000 - section 9.4.3 (3)
James
L. Pharr has more than 24 years experience investigating
fires. He holds an Associate Degree in Fire Science from Rowan Technical
Institute and a Bachelor's Degree in Fire and Safety Engineering from
the University of Cincinnati and is a graduate of the National Fire
Academy's Executive Fire Officer Program. He holds certifications
as fire service instructor and fire/arson investigator with the North
Carolina Fire Commission, and Certified Fire Investigator with the
International Association of Arson Investigators. He has been recognized
by the court system as an expert witness in the field of origin and
cause. He is currently employed as Emergency Management Director/Fire
Marshal for Gaston County, North Carolina.
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