65-34,136.Non-fuel flammable or combustible liquidaboveground storage tanks; duties of state fire marshal; civil penalties;annual report; rules and regulations.(a) As used in this section:
(1) "Facility" means all buildings, equipment, structures,tanks and other stationary items which are located on a single siteor on contiguous or adjacent sites and which are owned or operatedby the same person or by any person which controls, is controlledby or under common control with such person, upon which one or morenon-fuel flammable or combustible liquid aboveground storage tanksystem or systems is located, with bulk storage stations andterminals having a bulk storage total capacity of 10,000 gallons ormore of flammable or combustible liquids.
(2) "Non-fuel flammable or combustible liquid" means flammable orcombustibleliquids notused for fuel including, but not limited to, solvents. "Non-fuel flammable orcombustible liquid"shall not include the following compounds: New and used motor oil, transmissionfluid, hydraulicoil, grease and lube oil; asphalt; asphalt emulsion; road oil; crude oil;mineral oil; processed fat;food grade oil; vegetable oil; and ethylene glycol.
(3) "Non-fuel flammable or combustible liquid abovegroundstorage tank system" means an aboveground storage tank system thatcontains non-fuel flammable or combustible liquids.
(b) (1) On or before July 1, 2009, the state fire marshal shallconduct an on-site inspection of each facility in existence on theeffective date of this section to determine compliance with allstandards concerning flammable and combustible liquids contained innational fire protection association pamphlet no. 30, 2008 edition,and all rules and regulations concerning aboveground storage tanks.
(2) If the state fire marshal determines that a facility is incompliance with such standards, rules and regulations, the statefire marshal shall conduct an on-site inspection of the facility atleast once every three years thereafter to determine continuedcompliance with such standards, rules and regulations.
(3) If the state fire marshal determines that a facility isnot in compliance with such standards, rules and regulations, thefacility shall make all changes necessary to comply with suchstandards, rules and regulations as soon as practicable, but nolater than July 1, 2012. Upon notification of compliance by thefacility, but no later than July 1, 2012, the state fire marshalshall conduct an on-site inspection of the facility to determinecompliance. Upon determination of compliance, the state firemarshal shall conduct an on-site inspection of the facility atleast once every three years thereafter to determine continuedcompliance with such standards, rules and regulations.
(c) (1) An application and planfor design, construction, major modification andinstallation of allnon-fuel flammable or combustible liquid aboveground storage tank facilitiesafter the effectivedate of this section shall be submitted to the state fire marshal.Construction, major modificationand installation of such facilities shall not commence until such applicationand plan is reviewedand approved by the state fire marshal in accordance with rules andregulations.
(2) The state fire marshal shall approve or deny such submittedapplications and plans within20 business days upon receipt of all necessary documentation as provided for inrules andregulations. If the state fire marshal requests additional information from theapplicant, the statefire marshal shall have an additional 20 business days from the day of receiptof such informationto approve or deny the submitted application and plan.
(3) The state fire marshal shall conduct an on-site inspectionof each facility constructed after the effective date of thissection, before such facility begins operation, to determinecompliance with all standards concerning flammable and combustibleliquids contained in national fire protection association pamphletno. 30, 2008 edition, and all rules and regulations concerningaboveground storage tanks. Such facility shall not begin operationuntil the state fire marshal makes a determination of compliance.Upon determination of compliance, the state fire marshal shallconduct an on-site inspection of the facility at least once everythree years thereafter to determine continued compliance with suchstandards, rules and regulations.
(d) On and after July 1, 2012, if the state fire marshal determines that afacility is not in compliance with all standards concerning flammable andcombustible liquids contained in nationalfire protection association pamphlet no. 30, 2008 edition, and allrules and regulations concerning aboveground storage tanks, suchfacility shall be subject to a fine of $100 per tank every 30 daysuntil the state fire marshal makes a determination of compliance.All fines assessed and collected under this section shall beremitted to the state treasurer in accordance with the provisionsof K.S.A. 75-4215, and amendments thereto. Upon receipt of eachsuch remittance, the state treasurer shall deposit the entireamount in the state treasury to the credit of the non-fuelflammable or combustible liquid aboveground storage tank system fund.
(e) The state fire marshal shall report annually to the senatestanding committee on natural resources and the house ofrepresentatives standing committee on agriculture and naturalresources regarding inspections and compliance pursuant to thissection.
(f) On or before September 1, 2008, the state fire marshalshall adopt rules and regulations necessary to administer andenforce the provisions of this section.Such rules andregulations shall include adoption of all standards concerningflammable andcombustible liquids contained in national fire protection association pamphletno. 30, 2008edition.
(g) The state fire marshal shall adopt rules and regulations specifyingsubsequent editions ofnational fire protection association pamphlet no. 30 which the state firemarshal has determinedto be equivalent to the 2008 edition. Compliance with any subsequent editionspecified by suchrules and regulations shall be considered compliance with the 2008 editionspecified in thissection.
(h) This section shall be part of and supplemental to theKansas storage tank act.
65-34,136.Non-fuel flammable or combustible liquidaboveground storage tanks; duties of state fire marshal; civil penalties;annual report; rules and regulations.(a) As used in this section:
(1) "Facility" means all buildings, equipment, structures,tanks and other stationary items which are located on a single siteor on contiguous or adjacent sites and which are owned or operatedby the same person or by any person which controls, is controlledby or under common control with such person, upon which one or morenon-fuel flammable or combustible liquid aboveground storage tanksystem or systems is located, with bulk storage stations andterminals having a bulk storage total capacity of 10,000 gallons ormore of flammable or combustible liquids.
(2) "Non-fuel flammable or combustible liquid" means flammable orcombustibleliquids notused for fuel including, but not limited to, solvents. "Non-fuel flammable orcombustible liquid"shall not include the following compounds: New and used motor oil, transmissionfluid, hydraulicoil, grease and lube oil; asphalt; asphalt emulsion; road oil; crude oil;mineral oil; processed fat;food grade oil; vegetable oil; and ethylene glycol.
(3) "Non-fuel flammable or combustible liquid abovegroundstorage tank system" means an aboveground storage tank system thatcontains non-fuel flammable or combustible liquids.
(b) (1) On or before July 1, 2009, the state fire marshal shallconduct an on-site inspection of each facility in existence on theeffective date of this section to determine compliance with allstandards concerning flammable and combustible liquids contained innational fire protection association pamphlet no. 30, 2008 edition,and all rules and regulations concerning aboveground storage tanks.
(2) If the state fire marshal determines that a facility is incompliance with such standards, rules and regulations, the statefire marshal shall conduct an on-site inspection of the facility atleast once every three years thereafter to determine continuedcompliance with such standards, rules and regulations.
(3) If the state fire marshal determines that a facility isnot in compliance with such standards, rules and regulations, thefacility shall make all changes necessary to comply with suchstandards, rules and regulations as soon as practicable, but nolater than July 1, 2012. Upon notification of compliance by thefacility, but no later than July 1, 2012, the state fire marshalshall conduct an on-site inspection of the facility to determinecompliance. Upon determination of compliance, the state firemarshal shall conduct an on-site inspection of the facility atleast once every three years thereafter to determine continuedcompliance with such standards, rules and regulations.
(c) (1) An application and planfor design, construction, major modification andinstallation of allnon-fuel flammable or combustible liquid aboveground storage tank facilitiesafter the effectivedate of this section shall be submitted to the state fire marshal.Construction, major modificationand installation of such facilities shall not commence until such applicationand plan is reviewedand approved by the state fire marshal in accordance with rules andregulations.
(2) The state fire marshal shall approve or deny such submittedapplications and plans within20 business days upon receipt of all necessary documentation as provided for inrules andregulations. If the state fire marshal requests additional information from theapplicant, the statefire marshal shall have an additional 20 business days from the day of receiptof such informationto approve or deny the submitted application and plan.
(3) The state fire marshal shall conduct an on-site inspectionof each facility constructed after the effective date of thissection, before such facility begins operation, to determinecompliance with all standards concerning flammable and combustibleliquids contained in national fire protection association pamphletno. 30, 2008 edition, and all rules and regulations concerningaboveground storage tanks. Such facility shall not begin operationuntil the state fire marshal makes a determination of compliance.Upon determination of compliance, the state fire marshal shallconduct an on-site inspection of the facility at least once everythree years thereafter to determine continued compliance with suchstandards, rules and regulations.
(d) On and after July 1, 2012, if the state fire marshal determines that afacility is not in compliance with all standards concerning flammable andcombustible liquids contained in nationalfire protection association pamphlet no. 30, 2008 edition, and allrules and regulations concerning aboveground storage tanks, suchfacility shall be subject to a fine of $100 per tank every 30 daysuntil the state fire marshal makes a determination of compliance.All fines assessed and collected under this section shall beremitted to the state treasurer in accordance with the provisionsof K.S.A. 75-4215, and amendments thereto. Upon receipt of eachsuch remittance, the state treasurer shall deposit the entireamount in the state treasury to the credit of the non-fuelflammable or combustible liquid aboveground storage tank system fund.
(e) The state fire marshal shall report annually to the senatestanding committee on natural resources and the house ofrepresentatives standing committee on agriculture and naturalresources regarding inspections and compliance pursuant to thissection.
(f) On or before September 1, 2008, the state fire marshalshall adopt rules and regulations necessary to administer andenforce the provisions of this section.Such rules andregulations shall include adoption of all standards concerningflammable andcombustible liquids contained in national fire protection association pamphletno. 30, 2008edition.
(g) The state fire marshal shall adopt rules and regulations specifyingsubsequent editions ofnational fire protection association pamphlet no. 30 which the state firemarshal has determinedto be equivalent to the 2008 edition. Compliance with any subsequent editionspecified by suchrules and regulations shall be considered compliance with the 2008 editionspecified in thissection.
(h) This section shall be part of and supplemental to theKansas storage tank act.
65-34,136.Non-fuel flammable or combustible liquidaboveground storage tanks; duties of state fire marshal; civil penalties;annual report; rules and regulations.(a) As used in this section:
(1) "Facility" means all buildings, equipment, structures,tanks and other stationary items which are located on a single siteor on contiguous or adjacent sites and which are owned or operatedby the same person or by any person which controls, is controlledby or under common control with such person, upon which one or morenon-fuel flammable or combustible liquid aboveground storage tanksystem or systems is located, with bulk storage stations andterminals having a bulk storage total capacity of 10,000 gallons ormore of flammable or combustible liquids.
(2) "Non-fuel flammable or combustible liquid" means flammable orcombustibleliquids notused for fuel including, but not limited to, solvents. "Non-fuel flammable orcombustible liquid"shall not include the following compounds: New and used motor oil, transmissionfluid, hydraulicoil, grease and lube oil; asphalt; asphalt emulsion; road oil; crude oil;mineral oil; processed fat;food grade oil; vegetable oil; and ethylene glycol.
(3) "Non-fuel flammable or combustible liquid abovegroundstorage tank system" means an aboveground storage tank system thatcontains non-fuel flammable or combustible liquids.
(b) (1) On or before July 1, 2009, the state fire marshal shallconduct an on-site inspection of each facility in existence on theeffective date of this section to determine compliance with allstandards concerning flammable and combustible liquids contained innational fire protection association pamphlet no. 30, 2008 edition,and all rules and regulations concerning aboveground storage tanks.
(2) If the state fire marshal determines that a facility is incompliance with such standards, rules and regulations, the statefire marshal shall conduct an on-site inspection of the facility atleast once every three years thereafter to determine continuedcompliance with such standards, rules and regulations.
(3) If the state fire marshal determines that a facility isnot in compliance with such standards, rules and regulations, thefacility shall make all changes necessary to comply with suchstandards, rules and regulations as soon as practicable, but nolater than July 1, 2012. Upon notification of compliance by thefacility, but no later than July 1, 2012, the state fire marshalshall conduct an on-site inspection of the facility to determinecompliance. Upon determination of compliance, the state firemarshal shall conduct an on-site inspection of the facility atleast once every three years thereafter to determine continuedcompliance with such standards, rules and regulations.
(c) (1) An application and planfor design, construction, major modification andinstallation of allnon-fuel flammable or combustible liquid aboveground storage tank facilitiesafter the effectivedate of this section shall be submitted to the state fire marshal.Construction, major modificationand installation of such facilities shall not commence until such applicationand plan is reviewedand approved by the state fire marshal in accordance with rules andregulations.
(2) The state fire marshal shall approve or deny such submittedapplications and plans within20 business days upon receipt of all necessary documentation as provided for inrules andregulations. If the state fire marshal requests additional information from theapplicant, the statefire marshal shall have an additional 20 business days from the day of receiptof such informationto approve or deny the submitted application and plan.
(3) The state fire marshal shall conduct an on-site inspectionof each facility constructed after the effective date of thissection, before such facility begins operation, to determinecompliance with all standards concerning flammable and combustibleliquids contained in national fire protection association pamphletno. 30, 2008 edition, and all rules and regulations concerningaboveground storage tanks. Such facility shall not begin operationuntil the state fire marshal makes a determination of compliance.Upon determination of compliance, the state fire marshal shallconduct an on-site inspection of the facility at least once everythree years thereafter to determine continued compliance with suchstandards, rules and regulations.
(d) On and after July 1, 2012, if the state fire marshal determines that afacility is not in compliance with all standards concerning flammable andcombustible liquids contained in nationalfire protection association pamphlet no. 30, 2008 edition, and allrules and regulations concerning aboveground storage tanks, suchfacility shall be subject to a fine of $100 per tank every 30 daysuntil the state fire marshal makes a determination of compliance.All fines assessed and collected under this section shall beremitted to the state treasurer in accordance with the provisionsof K.S.A. 75-4215, and amendments thereto. Upon receipt of eachsuch remittance, the state treasurer shall deposit the entireamount in the state treasury to the credit of the non-fuelflammable or combustible liquid aboveground storage tank system fund.
(e) The state fire marshal shall report annually to the senatestanding committee on natural resources and the house ofrepresentatives standing committee on agriculture and naturalresources regarding inspections and compliance pursuant to thissection.
(f) On or before September 1, 2008, the state fire marshalshall adopt rules and regulations necessary to administer andenforce the provisions of this section.Such rules andregulations shall include adoption of all standards concerningflammable andcombustible liquids contained in national fire protection association pamphletno. 30, 2008edition.
(g) The state fire marshal shall adopt rules and regulations specifyingsubsequent editions ofnational fire protection association pamphlet no. 30 which the state firemarshal has determinedto be equivalent to the 2008 edition. Compliance with any subsequent editionspecified by suchrules and regulations shall be considered compliance with the 2008 editionspecified in thissection.
(h) This section shall be part of and supplemental to theKansas storage tank act.
