§ 14a.112. Location of dispensing systems.
The location of dispensing systems shall conform to the following:
(1) Dispensing devices at automotive service stations shall be so located that all parts of the vehicle being served shall be on the premises of the service station and in areas where private thoroughfares exist, the vehicle shall be parked entirely off such thoroughfares, with the exception that existing service stations for which prior approval has been issued, not meeting this requirement, may continue in service without an increase in number or capacity of tanks, if properly maintained. Existing dispensing devices may be replaced; however, no additional devices may be installed. No dispensing device shall be placed within the legal right-of-way limits of any state highway or any highway under the jurisdiction of the Department of Transportation.
(2) Inside location of approved dispensing devices may be acceptable where an outside location is impracticable. Such installation shall be made in an approved manner.
(3) Dispensing devices installed abovegrade, outside of buildings, shall be located not less than 10 feet from lines of adjoining property and not less than 5 feet from any building openings.
(4) Dispensing devices shall not be located within 200 feet of an underground mine opening.
(5) Dispensing devices shall not be placed within 20 feet of a liquified petroleum container or any activity involving fixed sources of ignition.
(6) Dispensing devices designed or modified for private use may be located on the service station property without restriction as to location provided such location is not otherwise prohibited by this section.
Source The provisions of this § 13.112 amended June 22, 1984, effective June 18, 1984, 14 Pa.B. 2131; transferred from 37 Pa. Code and renumbered as 34 Pa. Code § 14a.112, February 28, 2014, effective March 1, 2014, 44 Pa.B. 1233. Immediately preceding text appears at serial pages (259946) to (259947).
Cross References This section cited in 34 Pa. Code § 14a.114 (relating to remote or submergible pumping systems).
Notes of Decisions Liability
A pump lessor who is involved in the maintenance, installation, or placement of pumps is not free from a duty of care with respect to the location of its chattels, and may be liable to injured patrons if the location of its pumps exposes patrons to an unreasonable risk of harm from passing motorists or other outside sources. Migyanko v. Thistlethwaite, 419 A.2d 12 (Pa. Super. 1980).
No part of the information on this site may be reproduced for profit or sold for profit.
This material has been drawn directly from the official Pennsylvania Code full text database. Due to the limitations of HTML or differences in display capabilities of different browsers, this version may differ slightly from the official printed version.
