Memphis Code of Ordinances § 9-84-1 Compliance required—Attendant's duties—No smoking restrictions.
Sec. 9-84-1. - Compliance required—Attendant's duties—No smoking restrictions.
A. No customer or person other than the owner, manager or employed attendant shall dispense or be permitted to dispense gasoline or other Class 1 flammable liquid, as defined in the National Fire Protection Association Standard No. 30, at service stations or garages, or from pumps or devices from which the public is served, except in accordance with the provisions, conditions, limitations and instructions hereinafter provided.
B. Any such establishment permitting the dispensing of gasoline or other flammable liquid by customers or by any person other than the owner, manager or employed attendant, shall be under the control and supervision of no less than one employed attendant on duty at all times while such establishment is open to the public.
C. Such attendant's primary function shall be supervising the dispensing of gasoline and similar liquids at such establishments, collecting therefor, and maintaining the premises in safe condition.
D. The attendants shall constantly remain within the confines of such service stations and in a position to be in full view at all times of every portion of such station where gasoline or similar liquid is dispensed.
E. Such attendants shall refuse service to any customer who is smoking or who appears, for any reason, to be unable or incompetent to participate in the dispensing of gasoline.
F. Such attendants shall be thoroughly instructed in the operation of all equipment of such stations, including the pumps, fire extinguishers and emergency cutoff switches, and shall be thoroughly instructed concerning safety regulations for dispensing gasoline and similar flammable liquids.
G. Such attendants must enforce no-smoking restrictions and require that customers shut off their engines and follow safe practices generally.
H. 1.
Unmanned self-service stations shall be permitted, subject to the following conditions:
a. Listed dispensing devices shall be used. (NFPA 30A, section 9-5.2).
b. Emergency controls shall comply with Standard Fire Code, 1994, section 907.4.6.
c. Operating instructions shall be conspicuously posted in the dispensing area and shall include location of emergency controls and a requirement that the user must stay outside of his or her vehicle, in view of the fueling nozzle during dispensing (NFPA 30A, section 9-5.4).
d. Emergency instructions shall be conspicuously posted in the dispenser area incorporating the following or equivalent wording. (NFPA 30A, section 9-5.5):
In case of fire or spill:
Use emergency stop button
Report accident by calling 911 on the phone
Report location.
e. A listed, automatic-closing type hose nozzle valve with latch-open device shall be provided. The system shall include listed equipment with a feature that causes or requires the closing of the hose nozzle valve before the product flow can resume or before the hose nozzle valve can be replaced in its normal position in the dispenser (NFPA 30A, section 9-5.6).
f. A telephone or other approved, clearly identified means to notify the fire department shall be provided on the site in a location approved by the authority having jurisdiction. (NFPA 30A, section 9-5.7) This means of notification shall be monitored by an approved central station and comply with the requirements of NFPA 71.
g. Fire suppression equipment shall be monitored by an approved central station. All dispensing of fuel and filling of tanks shall be prevented, immediately, when the central station monitoring is out-of-service for any reason.
h. The maximum gallonage per vehicle at fleet refueling operations shall not exceed 50 gallons of Class IB liquids (gasoline) per transaction or 250 gallons of Class II liquids (diesel) per transaction. Total gallonage per vehicle per day shall be limited to two transactions per day.
i. Card operated and similar non-monetary vending devices may be used for dispensing Class IB and III liquids at fleet refueling facilities.
2. Source of ignition.
a. Smoking materials, including matches and lighters shall not be used within 20 feet of areas used for fueling, servicing fuel systems for internal combustion engines, or receiving or dispensing of Class I liquids (NFPA 30A, section 9-7).
b. Conspicuous and legible signs prohibiting smoking shall be posted within sight of the customer being served (NFPA 30A, section 9-7).
c. The motors of all equipment being fueled shall be shut off during the fueling operations except for emergency generators, pump, etc., where continuing operation is essential (NFPA 30A, section 9-7).
3. Fire control.
a. Automatic fire suppression systems shall be installed in accordance with appropriate NFPA standards, manufacturers instructions, and the listing requirements of the systems. (NFPA 30A, section 9-8.1) This system shall be monitored by an approved central station and monitoring shall comply with NFPA 71.
b. The fire suppression systems shall provide complete coverage for the hazard including spillage under vehicles.
4. Signs. Warning signs shall be conspicuously posted in the dispensing area incorporating the following or equivalent wording. (NFPA 30A, section 9-9):
Warning
It is unlawful and dangerous to dispense
gasoline into unapproved containers.
No smoking.
Stop motor.
(Code 1967, § 17-91; Code 1985, § 14-71; Ord. No. 745, § 1, 7-28-1970; Ord. No. 3291, § 1, 3-1-1983; Ord. No. 4408, § 1, 6-4-1996; Ord. No. 4766, §§ 1—3, 5-2-2000)