§ 14a.115. Attended self-service stations.
(a) Dispensing devices. Only approved special dispensing devices which are designed for self-service use or have been modified in an approved manner for self-service use and are remotely controlled by equipment specifically approved for use with such special dispensing devices are permitted at self-service stations. The use of control or dispensing equipment comprised of an assemblage of components which, as a complete unit, has not been approved by a nationally recognized testing laboratory for the use intended is prohibited.
(b) Supervision of dispensing. There shall be at least one attendant or supervisor on duty while the station is open to the public. The primary function of the attendant or supervisor shall be to supervise, observe and control the dispensing of flammable or combustible liquids. At all times during the dispensing of flammable or combustible liquids, the attendant shall remain at the principal control location, that is, within arms length of the remote control facilities. The dispensing operations shall at all times be in clear view of the attendant, and placing or permitting any obstacle between the dispensing operation and the attendant so as to obstruct the view of the attendant is prohibited. The attendant shall prevent the dispensing of flammable or combustible liquids into portable containers that do not comply with § 14a.111 (relating to storage and handling). The attendant shall control sources of ignition and immediately handle accidental spills and use fire extinguishers if needed. The attendant or supervisor on duty shall be capable of performing the functions and assuming the responsibilities covered in this section.
(c) Emergency controls. Emergency controls, including the main power shutoff switch or switches, are required and shall be independent of the approved special dispensing devices and control equipment. Such controls and switches shall be installed at an accessible location not more than 15 feet from the principal control location of the attendant and not more than 100 feet from the furthest self-service dispensing device. Use of the emergency controls, including the main power shutoff switch or switches, to control the dispensing devices in other than an emergency situation is prohibited.
(d) Operating instructions. Operating instructions shall be conspicuously posted on either the dispensing device island or each dispensing device.
(e) Emergency procedures and instructions. A list of emergency procedures and instructions shall be conspicuously posted in the immediate vicinity of the attendant’s principal control location.
(f) Vehicle parking. Designated parking spaces are prohibited within a direct line of sight between the attendant’s principal control location and the dispensing devices.
(g) [Reserved].
(h) Communications system. A two-way voice communications system is required at each dispensing device island. Such communications system shall provide a person dispensing flammable or combustible liquids with ‘‘hands-off’’ direct voice communications with the attendant. The system must operate over a constantly operational open channel or circuit of adequate volume and clarity and also provide ‘‘talk’’ and ‘‘listen’’ capabilities for both the attendant and person dispensing the flammable or combustible liquid.
(i) Warning sign. The following warning in at least 1 inch lettering shall be conspicuously posted on each dispensing device island: ‘‘WARNING—IT IS UNLAWFUL TO DISPENSE FLAMMABLE OR COMBUSTIBLE LIQUID INTO ANY PORTABLE CONTAINER UNLESS THE CONTAINER IS CONSTRUCTED OF METAL OR IS APPROVED BY THE FIRE MARSHAL.’’
Source The provisions of this § 13.115 amended through June 22, 1984, effective June 18, 1984, 14 Pa.B. 2131; transferred from 37 Pa. Code and renumbered as 34 Pa. Code § 14a.115, February 28, 2014, effective March 1, 2014, 44 Pa.B. 1233. Immediately preceding text appears at serial pages (347333) to (347335).
Cross References This section cited in 25 Pa. Code § 245.436 (relating to operator training); and 34 Pa. Code § 14a.117 (relating to supervision of dispensing).
Notes of Decisions Emergency Control
The provisions of 34 Pa. Code § 14a.115(c) do not require that an attendant at a self-service station be located more than 15 feet from the point of dispensing. Open Pantry Food Marts v. Commonwealth ex rel. Township of Hempfield, 391 A.2d 20 (Pa. Cmwlth. 1978).
Validity of Ordinance
A township ordinance which totally prohibits self-service stations in areas where other stations are permitted clearly creates a conflict between this regulation and the ordinance and is invalid. Sears, Roebuck and Co. v. Bensalem Township Board of Supervisors, 10 Pa. D. & C.3d 52 (1979).
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