N.J.S.A. 34:3A-4 et seq. RETAIL GASOLINE DISPENSING SAFETY

The Legislature finds and declares that:

a. Due to the fire hazards directly connected with dispensing fuel, it is inside the public interest that gasoline station operators contain the control needed over that activity to make sure compliance with appropriate safety procedures, including switching off vehicle engines and refraining from smoking while fuel is distributed

b. At self-service filling stations in other states, cashiers are frequently not able to possess a apparent check out individuals activities of customers dispensing gasoline, so that you can give their complete focus on observing customers therefore, when customers, as opposed to family and buddies, are allowed to dispense fuel, there’s a lot harder to enforce compliance preserving your vehicle safe procedures

c. The Issue needs more efficient measures to enforce both compliance by customers while using the ban on self-service and compliance by family and buddies preserving your vehicle safe procedures

d. The greater general insurance premium rates billed to self-service stations reflect the very fact customers who leave their vehicles to dispense gasoline or any other inflammable fluids face significant inconveniences and dangers, such as the challenges of crime and fall-related injuries, that are a unique burden to motorists with physical infirmities, like the handicapped plus a handful of seniors

e. Reference to toxic gasoline fumes represents any adverse health risks when customers dispense their unique gasoline, mainly within the situation of expecting moms

f. The considerably greater prices usually billed for full-service gasoline in states where self-services are allowed leads to discrimination against low earnings individuals, who’re under greater economic pressure to feed the inconvenience and hazards of dispensing their unique gasoline

g. The growing use of self-service has introduced for the reduced convenience to fix facilities and maintenance services at filling stations

h. During filling stations that offer both self-service and full-service gasoline, clients are unlikely, due to the much greater cost usually billed for complete, to possess family and buddies make needed maintenance checks, thus causing significant neglect of maintenance and danger for both the shoppers and to other motorists, combined with unneeded pricey repairs which will originate from deferred maintenance

i. The prohibition of customer self-service doesn’t constitute a restraint of exchange derogation of everyone interest since the Legislature finds no conclusive evidence that self-service gasoline provides a sustained decrease in gasoline prices billed to customers and

j. A prohibition of self-service gasoline will therefore promote the most used welfare by providing elevated safety and convenience without causing economic injuries to everybody generally.

As present in this act:

“Attendant” means a retail dealer or worker in the retail dealer.

“Commissioner” means the Commissioner in the office.

“Fuel” means any liquid generally or commercially known or offered as gasoline, or any other inflammable liquid, that’s offered to be used as fuel within the vehicle engines of cars.

“Gasoline station” or “station” means a office located in the Condition and helpful for that retail purchase and dispensing of fuel towards the tanks of cars.

“Retail dealer” means an individual operating a gasoline station.

34:3A-6. Dispensing of fuel rules

It’ll be illegal for virtually any attendant to:

a. Dispense fuel towards the tank from the automobile since the vehicle’s engine reaches operation

b. Dispense fuel into any portable container not in compliance with rules adopted pursuant to section 8 in the act

c. Dispense fuel while smoking or

d. Permit anybody who isn’t an attendant to dispense fuel towards the tank from the automobile or any container.

34:3A-7. Training, supervision of family and buddies

Nobody shall dispense fuel in the gasoline station, unless of course obviously clearly the individual is unquestionably an attendant that has received instructions regarding the dispensing of fuel, had practical understanding dispensing fuel underneath the direct supervision in the experienced operator because of under one full morning, and, upon examination inside the finish from the period, proven his knowledge of people instructions. The instructions shall give a full explanation within the prohibitions of section three from the act as well as any emergency procedures established pursuant to section 8 in the act.

34:3A-8. Certification of family and buddies

You will notice provided by each station for inspection using the commissioner certificates for everyone who dispenses fuel inside the station certifying the person meets the needs of section 4 in the act. The certificate will probably be signed through the owner along with the retail dealer who operates the station.

34:3A-9. Pump shutoff switch needed

Each gasoline station will probably be outfitted, someplace remote inside the dispensing pumps, obtaining a clearly identified and merely accessible switch or circuit breaker to shut from the opportunity to all dispensing pumps in situation of the crisis or in the customer or any other unauthorized person operating or trying to operate the pump.

34:3A-10. Penalties for violations Retail Gasoline Dispensing Safety Account established

A violator connected getting a provision in the act can lead to a problem of not under $50.00 and merely $250.00 for almost any first offense and merely $500.00 for every subsequent offense. Each day the gasoline station are operating in breach within the provisions of section five to six in the act could be a separate breach using the retail dealer who operates the station. The penalties will probably be billed with and retrieved using the commissioner, to summarize proceedings pursuant to “the penalty enforcement law,” N.J.S. 2A:58-1 et seq. within the county or town in which the offense happened.

There’s established a nonlapsing dedicated account to obtain referred to as Retail Gasoline Dispensing Safety Account. Penalties collected pursuant with this particular section will probably be credited for that account and appropriated to purchase expenses of effectuating the needs from the act. If, inside the close in the fiscal year, moneys can be found past the funds essential to meet individuals expenses, the commissioner shall determine a appropriate comparable to be came back for that General Fund for general Condition purposes.

The commissioner shall, in compliance while using the provisions within the “Administrative Procedure Act,” P.L.1968, c.410 (C.52:14B-1 et seq.), adopt rules and rules similar to required to effectuate the needs from the act, including rules creating emergency procedures and standards concerning pump shutoff switches along with other safety equipment for use at filling stations, and standards for portable containers for fuel distributed at filling stations, which standards are available in line as well as other Condition and federal rules.

Safe Dispensing of Retail Gasoline

Chapter Expiration Date: Chapter 196, Safe Dispensing of Retail Gasoline, expires on June 1, 2018.

CHAPTER 196

(Understand the Nj Statutes Annotated, the Nj Register along with the Nj Administrative Code for subsequent statute and rule changes.)

(a) The aim of this chapter should be to provide reasonable standards for:

1. The prohibition within the self service of gasoline along with other inflammable fluids at retail filling stations
2. Exercising and certification of family and buddies and
3. Installing safety signs and equipment along with the establishment of procedures to enhance safety at retail filling stations.

(b) The provisions in the chapter will affect:

1. The whole process of retail filling stations and
2. Exercising and certification of family and buddies at retail filling stations.

(c) The provisions in the chapter won’t affect:

1. The whole process of marine service stations
2. The whole process of service stations for the fueling of aircraft
3. The dispensing of diesel fuel or
4. The whole process of employer filling stations which are exclusively for applying an organization’s employees and aren’t available to everybody.

The next words and terms, when present in this subchapter, shall contain the following meanings unless of course obviously clearly the context clearly signifies otherwise.

“Approved” means appropriate for the Commissioner.

“Attendant” means a retail dealer or worker in the retail dealer.

“Closed container” means a container so sealed employing a lid or any other device that neither liquid nor vapor will cure it at ordinary temperatures.

“Commissioner” means the Commissioner, Nj Department in the office and Workforce Development, or their designee.

“Container” means any vessel of 60 U.S. gallons (227 liters) or fewer capacity helpful for transporting or storing fluids.

“Flammable liquid” means a liquid acquiring a flash point below 100 levels F (37.8 levels Centigrade) and achieving a vapor pressure not exceeding 40 pounds per sq inch (psi) absolute (2.068 millimeters/mercury (mm/Hg) at 100 levels F (37.8 levels Centigrade) and you’ll be referred to as Class I liquid.

“Fuel” means any liquid generally or commercially known or offered as gasoline, or any other inflammable liquid, that’s offered to be used as fuel within the vehicle engines of cars.

“Gasoline station” means a office located in the Condition and helpful for that retail purchase and dispensing of fuel towards the tanks of cars.

“Inflammable liquid” means flammable liquid.

“Nationwide recognized testing laboratory” means:

1. Underwriters Laboratories Incorporated, 333 Pfingsten Road, Northbrook, Illinois 60002
2. Factory Mutual System, 1151 Boston-Providence Turnpike, Norwood, Massachusetts 02062
3. Applied Research Laboratories of Florida, Incorporated, 5371 NW 161 Street, Miami, Florida 33014
4. Any testing laboratory which may be recognized using the Commissioner as being a nationwide recognized testing laboratory upon submission of testing procedures and emblem types supporting a request getting a laboratory for such recognition.

“Safety can” means an authorized container of just five gallons (18.9 liters) capacity, acquiring a spring-closing lid and spout cover and designed therefore it will securely relieve internal pressure when uncovered to hearth exposure.

“Station” means gasoline station.

(a) Service stations available to everybody shall offer an attendant working whenever the station is open for business.

(b) Only an attendant shall dispense fuel into fuel tanks or into containers.

(c) An attendant shall:

1. Dispense fuel towards the tank from the automobile only if the vehicle’s engine isn’t functioning
2. Only dispense fuel into portable containers that fulfill the needs of N.J.A.C. 12:196-1.6
3. Stop anybody who isn’t an attendant to dispense fuel towards the tank from the automobile or into any container and
4. Be prohibited from smoking while dispensing fuel.

(d) Family and buddies shall need a motorcyclist to dismount their motorcycle while gasoline remains provided to their vehicle.

12:196-1.4 Training of family and buddies

(a) An attendant shall dispense fuel in the gasoline station only when the attendant has:

1. Received instructions in the skilled operator regarding the dispensing of fuel
2. Had practical understanding dispensing fuel underneath the direct supervision in the experienced operator because of under one full morning and
3. Proven their knowledge of people instructions upon examination using the operator inside the finish from the period.

(b) The instructions needed pursuant to (a)1 above shall include:

1. A whole explanation within the dispensing standards established at N.J.A.C. 12:196-1.3(c)
2. The region and operation within the remote switch or circuit breaker put into compliance with N.J.A.C. 12:196-1.7 and
3. Learning excellent of approved portable containers pursuant to N.J.A.C. 12:196-1.6.

(a) Upon acceptable finishing the attendant’s training and examination, the retail dealer who operates the station shall produce a certificate for everyone who dispenses fuel within their station, certifying the person has met exercising needs of N.J.A.C. 12:196-1.4 above.

1. The certificate will probably be signed through the owner who received exercising along with the retail dealer and shall indicate who gave exercising
2. The certificate will probably be provided by each station for inspection using the Commissioner and
3. Once the attendant perform work several station after training, the certificate will probably be transferable for the station which utilizes the attendant.

(a) An attendant shall only dispense fuel in a portable container which:

1. Is of appear metal construction or even is of approved non-metal construction
2. Includes a tight closure with screwed or spring cover and
3. Is outfitted obtaining a spout roughly designed the contents may be placed without spilling.

(b) Portable containers built of non-metallic materials shall conspicuously display an embossment using the manufacturer within the logogram in the nationwide recognized testing laboratory.

(c) Gasoline shall Not distributed into glass containers.

(d) Portable containers made to hold 10 gallons (.038 cubic meters) or fewer and for use for gasoline or any other flammable liquid will probably be red colored as reported by the Nj Uniform Fire Code, N.J.A.C. 5:18. The specific flammable liquid will probably be conspicuously proven round the container in bold letters in the contrasting color.

12:196-1.7 Remote emergency shut-off

(a) A clearly identified and merely accessible switch(es) or circuit breaker(s) will probably be provided someplace remote from dispensing devices.

1. The devices shall know about shut-within the power in conformance with article 514 within the National Electrical Code (National Fire Protection Association (NFPA-70) and NFPA-30A, as both versions is incorporated herein by reference, to everyone dispensing devices in situation of the crisis, or each time a person apart from an attendant tries to operate the pump.

(a) No smoking or open flames will probably be allowed within the areas helpful for fueling, servicing fuel systems for vehicle engines, or receiving or dispensing of sophistication I fluids.

(b) The attendant shall make certain that motors of vehicles being fueled are turn off during fueling operations.

The station owner shall insure that a number of portable fire extinguisher getting the very least 2-A:40-B:C rating will probably be located within 30 feet (9,144 mm) of travel distance in lots of service stations if needed using the Nj Uniform Fire Code, N.J.A.C. 5:70.

(a) Indicators will probably be conspicuously printed within the dispensing area, incorporating the following or equivalent language:

1. It’s illegal for everyone yourself. Look out for an attendant
2. WARNING–It’s illegal and harmful to dispense gasoline or any other flammable liquid into any portable container unless of course obviously clearly the container consists of metal or even qualifies that is red colored
3. No smoking and
4. Stop motor.

12:196-1.11 Documents known by reference

(a) The entire title and edition of all of the standards and publications known during this chapter are the following:

1. N.J.S.A. 34:3A-4 et seq.–Retail Gasoline Dispensing Safety Act
2. N.J.A.C. 5:18–Nj Uniform Fire Code
3. National Electrical Code (National Fire Protection Association–(NFPA-70)) and
4. National Fire Protection Association (NFPA)-30A–(Automotive and Marine Service Stations Code (1987 Edition)).

12:196-1.12. Convenience to documents for inspection

A duplicate of all of the standards and publications known during this chapter is on record and it is inspected inside the following office within the Division of Workplace Standards relating to the hrs of 9:00 A.M. and 4:00 P.M. on normal business days.

Nj Department in the office and Workforce Development
Division of Workplace Standards
Office of Public Safety and Compliance
1 John Fitch Plaza
PO Box 386
Trenton, Nj 08625-0386

(a) Somebody that violates the provisions in the process or this chapter can lead to an administrative penalty of:

1. Not under $50.00 nor greater than $250.00 for almost any first offense and
2. Only $500.00 for every subsequent offense.

(b) Each day the gasoline station are operating in breach within the provisions in the process or this chapter shall constitute another, separate and distinct offense.

(c) Unsatisfied penalties will probably be retrieved using the Commissioner within the civil action getting an overview proceeding pursuant for that Penalty Enforcement Law, N.J.S.A. 2A:58-1 et seq. within the county or town in which the breach happened.

(d) In assessing the quantity of the penalty to obtain enforced pursuant for that Act and to this chapter, the Commissioner shall think about the next factors, where relevant, in exercising what can be a appropriate penalty for the particular reported breach:

1. The significance within the reported breach
2. Yesteryear record of compliance while using the provisions in the process, along with the rules and rules adopted thereunder, using the alleged violator
3. The grade of cooperation from the Commissioner’s representatives using the alleged violator in securing compliance while using the provisions in the process and rules and rules adopted thereunder and
4. Once the reported breach was willful anyway.

(a) No administrative penalty will probably be levied pursuant with this particular chapter unless of course obviously clearly the alleged violator could possibly get:

1. Notification within the breach
2. The quantity of the penalty to obtain enforced and
3. An chance to request a highly effective hearing.

(b) A request a highly effective hearing needs to be produced in writing and received within 10 calendar days following service within the Notice of Breach.

(c) All proceedings will probably be conducted pursuant for that Administrative Procedure Act, N.J.S.A. 52:14B-1 et seq. along with the Uniform Administrative Procedure Rules, N.J.A.C. 1.1.

(d) In situation your hearing isn’t requested, the Notice of Breach shall finish off is the Final Order upon expiration within the 10 day period following receipt thereof.

(e) The operator may request the initiation in the settlement conference in individuals days the request a highly effective hearing is created. In situation your settlement conference is requested, or possibly the Department determines the settlement conference may be helpful, the settlement conference will probably be scheduled and conducted using the Department within four days within the finding the request a highly effective hearing.

(f) In situation your money isn’t made a decision or no settlement conference is scheduled, a request formal hearing will probably be transmitted to function of Administrative Law (OAL).

(g) Payment within the penalty will probably be due every time a final agency determination is distributed or every time a notification turns into a concluding decision because no appeal remains filed.

(h) All payments will probably be made payable for that Department in the office by means of an authorized check or money order, or such different because the Department deems appropriate.

(i) Upon entry within the final order, the penalty enforced might be retrieved with costs within the summary proceeding commenced using the Commissioner pursuant for that Penalty Enforcement Law, N.J.S.A. 2A:58-1 et seq.