Section 170.150  Self-Service – No Self-Service Without Permit; Procedures and Regulations

 

a)         Except at service stations which hold a current and valid self-service permit issued pursuant to subsection (c) of this Section by the State Fire Marshal, or a current and valid unattended self-service permit issued pursuant to Section 170.310 by the State Fire Marshal, no person other than an owner of a service station, or an employee of such owner, shall use or operate any motor fuel dispensing equipment at any service station.  No owner of a service station shall permit any person to violate the provisions of this rule.

 

b)         Definitions – As used in this Part, the terms specified in this paragraph have the meanings ascribed to them in this paragraph:

 

1)         The term "service station" means any place of business where Class I, II or III liquids or other fuels are sold or offered for sale at retail, or dispensed into the fuel tanks of motor vehicles or internal combustion engines or portable containers.

 

2)         The term "self-service station" shall mean that portion of property of a service station where flammable and combustible liquids used as motor fuels are stored and subsequently dispensed from fixed dispensing equipment into the fuel tanks of motor vehicles by persons other than the service station attendant.

 

3)         The term "self-service dispensing device" means any device for the dispensing of Class I, II or III liquids into the fuel tanks of motor vehicles.

 

4)         The term "owner" shall mean any individual(s) or legal entity holding title, lease, license or any interest in a service station or self-service station.  The legal name, residence, address and county of any individuals who are owners shall be filed with the Office of the State Fire Marshal.

 

5)         The term "attendant" shall mean the owner or any person who is employed by an owner of a service station to dispense motor fuel at such service station.

 

c)         Self-Service Station Permits

 

1)         Self-service station permits shall be issued by the Office of the State Fire Marshal, upon written application on forms established by the Office, accompanied by complete, detailed plans, in triplicate, for each service station sought to be used for self-service showing compliance with 41 Ill. Adm. Code 160, 170, 180 and 100.  Such plans shall be drawn to scale, and shall include the following:

 

A)        Lot lines and dimensions.

 

B)        Building lines and dimensions.

 

C)        Location and size of tanks and pump island.

 

D)        Location of control station.

 

E)         Type, make, model and location of dispensing devices or equipment.

 

F)         Fire extinguisher locations.

 

G)        Clearances.

 

2)         No construction of a self-service station or modification of an existing service station to conduct self-service business shall be commenced until such application and plans are given written approval by the Office of the State Fire Marshal.  No such station shall open for business until inspected and approved by the Office of the State Fire Marshal, and until the Office of the State Fire Marshal issues a self-service station permit, which must be prominently displayed at all times at such self-service station. Approval for self-service will be granted upon compliance with all rules and regulations in 41 Ill. Adm. Code 100, 160, 170 and 180.

 

d)         The following rules shall be followed at all self-service stations, and violation of any said rules shall constitute good and just cause for suspension or revocation of a self-service station permit by the State Fire Marshal:

 

1)         All self-service dispensing devices which are available for public use must be under the control of an attendant at all times except as allowed in subsection (d)(3) of this Section (Fleet Operations).

 

2)         No new dwelling unit or sleeping facilities of any kind for the owner, attendant or any person shall be permitted at a self-service station.  This does not include dormitory facilities for use of drivers at truck stops, provided that such dormitories are in compliance with the applicable provisions of 41 Ill. Adm. Code 100.  If the building under which lies a basement, cellar or excavation is removed, the basement, cellar or excavation shall be filled in prior to construction of any new building over the basement, cellar or excavation.

 

3)         Dispensing of Class I, II or III liquids at locations not open to the public does not require an attendant or supervisor.  Such locations may be used by commercial, industrial, governmental or manufacturing establishments for fueling vehicles used in connection with their business (such as fueling of delivery trucks).  However, this shall not include private fraternal clubs or associations.  Vehicles served by these unattended self-service facilities must have common or corporate ownership with the service station and must be fueled by employees of the business owning such facility or vehicle to comply with this rule.

 

4)         Dispensing devices for motor fuel shall not be installed, modified or used without prior written approval of the Office of the State Fire Marshal. Approval will be granted upon proof of meeting the requirements of this part. Dispensing devices may be modified provided that the modifications made are in compliance with this part.  Modification proposals shall contain a description of the components to be used in the modification and the recommended methods of installation on specific dispensers and it must be made available to the Office of the State Fire Marshal prior to installation.

 

5)         All dispensing of Class I, II or III liquids, by a person other than the service station attendant, must be under the supervision and control of an attendant.  Unattended card, key, or code operated devices are prohibited at service stations open to the general public, and not designated as fleet self-service.

 

A)        The dispensing nozzle must be an automatic closing type which has been tested and meets the requirements of Underwriter's Laboratories Standard #842 (1982).

 

B)        Any self-service dispensing devices equipped with pre-pay capability in which the flow of product is normally stopped by means other than by the closure of the nozzle valve shall further comply with either one of the following:

 

i)          The system shall be provided with equipment with a feature that causes or requires the closing of the nozzle valve before product flow may be resumed or before the nozzle can be replaced in its normal position in the dispenser, or

 

ii)         the nozzle valve latch-open device shall be removed.

 

6)         Rebuilt hose nozzles may be used on approved dispensing devices provided they meet UL 842 (1980).

 

7)         It shall be the responsibility of the attendant:

 

A)        To carefully observe the dispensing of Class I liquids into portable containers,

 

B)        Control sources of ignition,

 

C)        Immediately notify local fire authorities of any product spilled,

 

D)        Eliminate ignition sources,

 

E)         Take other appropriate actions to prevent ignition of accidental spills,

 

F)         To refuse service to any customer who appears to lack the ability to properly and safely utilize the equipment (e.g., intoxication), inability to place the nozzle in the gas tank receptacle, inability to follow written or oral instructions of the attendant, and whether the person is too young to be aware of the hazards and safe dispensing of motor vehicle fuels,

 

G)        Inspect all portable containers for conformance to Illinois Statutes and these rules.

 

i)          All portable containers for gasoline or benzol used in the retail trade, shall be red and shall be labeled "gasoline" or "benzol" as the case may be, in letters of a height of not less than one-half inch, and it shall be unlawful in such retail trade, or anything pertaining thereto to put gasoline or benzol into portable containers of any other color than red and not labeled as required by these rules or to use portable containers not complying with these rules.

 

ii)         No person shall put any other liquids or oils except gasoline or benzol in such containers used for gasoline or benzol, or such containers as are painted red.

 

iii)         Kerosene must be placed in blue containers, and no other products may be placed in blue containers.

 

H)        When dispensing Class I, II, or III liquids into portable containers, the following precautions shall be observed:

 

i)          Containers shall not be filled while located inside the passenger compartment or trunk of a vehicle.

 

ii)         Hose nozzle valves shall be manually held open during the dispensing operation and hold open devices shall not be used.

 

I)          An approved portable container for Class I liquids shall be any container which meets the specifications of Underwriters Laboratories Standard #30 (1983) or which has been tested and has met the test criteria of ANSI-ASTM D3435-83 (1983) and all other ANSI-ASTM tests referred to therein, documentation of such testing and the results thereof must be submitted by the manufacturer to the Office of the State Fire Marshal for approval, before such portable containers may be marketed or used in the State of Illinois.

 

8)         Two 4A:60BC rated fire extinguishers shall be provided.  One shall be located at or near the control station and the other readily available for emergencies.  Such extinguishers shall be plainly marked, be protected from the weather, and be maintained in operable condition and available at all times when the self-service station is open to the public. Such fire extinguishers shall carry the testing and listing label of Underwriters Laboratories, Factory Mutual Engineering, or the United States Coast Guard for their intended use.  All employees of the self-service station shall be thoroughly instructed as to the location and proper use of such extinguishers, and shall, upon request, demonstrate their ability to use the extinguishers to representatives of the Office of the State Fire Marshal.

 

9)         Signs, giving instructions for the operation of gasoline equipment, must be conspicuously posted on each gasoline pump island where self-service is offered:

 

A)        Self-Service Island "Warning";

 

B)        "Stop Engine";

 

C)        "No Smoking";

 

D)        "It is unlawful and dangerous for anyone to dispense gasoline into unapproved containers";

 

E)         "It is unlawful and dangerous to dispense gasoline without an attendant on duty".

 

10)       The signs shall be made of all-weather rigid material and the lettering shall be not less than 1" high, the sign shall be not less than 6" high and 12" long, mounting and location of said sign shall be such as to be clearly visible to all self-service patrons.

 

11)       All fuel dispensing units shall be mounted or protected against collision damage by means of islands, posts or an equivalent means.

 

12)       Every self-service station shall maintain a control station in a location readily accessible to the attendant, equipped in such manner that the flow of liquid fuel from any or all fuel dispensing units may be stopped from such control station.

 

A)        The control station shall include a master electrical switch that can disconnect the electrical power to all of the pumps and the pump lighting at one time.

 

B)        The master electrical switch may be located inside or outside and not more than 100 feet from the furthest pump.

 

C)        The master electrical switch shall be in a position to give the attendant a clear, unobstructed view of the dispensing area; it shall be plainly marked and easily accessible.

 

D)        The attendant shall at all times be able to communicate with persons in the dispensing area.  For distances greater than 40 feet a communication system audible to each dispensing area shall be required between the control station and each pump island. The communications system applies only to stations without full service.

 

13)       At all times when a self-service station is open for public use, not less than one attendant shall be on duty, and no motor fuel shall be dispensed at any time when such attendant is not at or near the control station or pump island.  The attendant's primary duty shall be to supervise the dispensing of motor fuels, motor oils and services normally related to such dispensing.  Such attendant shall refuse service to any person who is smoking or who appears to be unable to dispense fuel safely, and shall shut off the dispensing unit if a patron fails to follow instructions in compliance with the rules. (See 170.150(d)(7)(F) above.)

 

14)       All attendants and other employees of the service station shall be instructed in the location, operation, and use of the communication system, the control station, and the fire extinguishing equipment, the operation of the dispensing units, and safety regulations for the dispensing of motor fuels.  Failure to instruct employees in these rules shall be cause for revocation of the self-service permit.  Failure of any employee to know location, operation, and use of the communication system, the control station, and fire extinguishing equipment, the operation of the dispensing units, and safety regulations for the dispensing of motor fuels, shall be grounds for revocation of the self-service permit.

 

e)         Applications for self-service permits shall be filed in the Office of the State Fire Marshal.

 

1)         Self-service permits shall be initially issued for a period of 6 months. Renewal permits shall be issued for a period of 24 months.  An initial permit for a period of 12 months shall be granted to an owner who has at least two other self-service permits and for which no citations for violations of the rules and regulations of the State Fire Marshal's Office contained in 41 Ill. Adm. Code 100, 160, 170, 180, 200 have been issued in the past 24 months.

 

2)         The Office of the State Fire Marshal may, for failure to comply with these rules, for violation thereof, or for violation of any federal, state or local laws, statutes, ordinances, rules or regulations, refuse to issue, renew or suspend or revoke a self-service station permit.  The Office of the State Fire Marshal shall serve notice of such refusal suspension or revocation on the applicant for or holder of such permit by personal service or by certified or registered mail.  The applicant for on holder of such permit, may within 10 days after notice of such refusal, suspension or revocation is served, file in the Office of the State Fire Marshal written request for a hearing.  Such hearings shall be governed by the Administrative Procedure Act [5 ILCS 100].  Any order or decision made by the Office of the State Fire Marshal based upon such hearing shall be an "administrative decision" within the meaning of the "Administrative Review Law" [735 ILCS 5/Art. 3].

 

(Source:  Amended at 21 Ill. Reg. 8945, effective July 15, 1997)