815 KAR 30:060.
Certification of underground petroleum storage tank contractors.
RELATES TO: KRS
224.60-105, 224.60-135
STATUTORY
AUTHORITY: KRS 224.60-135(5), 227.300
NECESSITY,
FUNCTION, AND CONFORMITY: KRS 224.60-135(5) requires the State Fire Marshal to
promulgate administrative regulations requiring a person or organization who
installs, repairs, interior lines, installs corrosion protection, closes or
removes an underground petroleum storage tank for an owner or operator to
demonstrate financial capability, including maintenance of pollution liability
insurance and technical competency and proficiency. This administrative
regulation establishes the minimum requirements for determining technical competency
and proficiency of a company who is responsible for the installation, repair,
interior lining, installation of corrosion protection, removal or closure of a
system by a qualifying individual and for determining financial capability
through proof of insurance.
Section 1.
Definitions. (1) "Certified contractor" means an individual or
organization certified by the State Fire Marshal as qualified to:
(a) Engage in
the business of installing, repairing, interior lining, installing corrosion
protection, removing or closing a UPST system; or
(b) Supervise an
employee engaged in an activity listed in paragraph (a) of this subsection.
(2)
"Close" or "closure" means permanently taking an
underground storage tank out of service without removing it from the ground.
(3)
"Repair" means the restoration of a UPST system or component that:
(a) Has caused a
release of a product from the system or the modification of the tank or a
system component; and
(b) Does not
include routine maintenance or corrosion protection applied to an existing
installation, or the application of interior lining.
(4)
"Remove" or "removal" means permanently taking an underground
storage tank or a component out of service by removing it from the ground.
(5)
"Routine maintenance" means servicing the UPST system or a component
without excavation or making or the breaking of a connection below ground.
(6)
"Underground storage tank" is defined by KRS 224.60-100(1).
(7)
"Upgrade" means a modification or addition to a UPST system except
routine maintenance.
(8) "UPST
system" means an underground storage tank that is used solely for the
storage of petroleum or a petroleum product.
Section 2. (1) A
permit for the installation of a UPST system shall not be issued by the State
Fire Marshal unless the applicant for the permit:
(a) Is certified
by the State Fire Marshal's Office; and
(b) Assures the
State Fire Marshal's Office, in writing, that the installation shall comply
with all applicable requirements of the Natural Resources and Environmental
Protection Cabinet promulgated in 401 KAR Chapter 42.
(2) An
individual or company shall not install, remove, repair, interior line, install
corrosion protection or close a UPST system unless the installation, removal,
interior lining, installation of corrosion protection repair or closure:
(a) Is made by a
certified contractor; and
(b) Complies
with the applicable administrative regulations of the Natural Resources and
Environmental Protection Cabinet, promulgated in 401 KAR Chapter 42.
(3) A
certificate authorizing a company to engage in an activity regulated by this
administrative regulation shall be issued under the name of the company if the
company:
(a) Applies for
the certification; and
(b) Has in its
employ at least one (1) certified contractor who:
1. Meets the
supervision requirements established in Section 3 of this administrative
regulation; and
2. Shall:
a. Direct an
employee engaged in an activity regulated by this administrative regulation;
and
b. Exercise
independent judgment regarding the recommendation of an activity to an employee
acting under his direction.
Section 3.
Supervision Requirements. (1) A certified contractor shall be present on site
for each of the following activities:
(a) Preparation
of the excavation immediately prior to receiving backfill or a component of the
UPST system;
(b) Setting of
the UPST system, including placement of an anchoring device, backfilling to the
level of the UPST system and strapping;
(c) Installing
piping and its components, field coating, or corrosion protecting piping and
its components;
(d) Final
inspection and pressure testing of a component of the tank or piping component
of the UPST system; and
(e) Completion
of the backfilling and filling of the excavation.
(2) A repair to
a UPST system shall require a certified contractor to be present on site for
each of the following activities:
(a) The actual
excavation of an existing UPST system;
(b) The actual
performance of a repair to the UPST system;
(c) The
connection of a component of the piping during the repair project;
(d) The pressure
testing of the UPST or its associated piping during the repair project;
(e) The
replacement of a piping valve, fill pipe, vent, leak detection device, or spill
and overfill protection device; and
(f) The addition
of a leak detection device or spill and overfill device.
(3) Preparation
for closing a UPST system shall require a certified contractor to be present on
site for each of the following activities:
(a) The cleaning
and purging of a UPST system;
(b) The filling
of a UPST system with an inert solid material;
(c) All testing
associated with the cleaning and purging processes; and
(d) The
disconnection or capping of a component of the UPST system during the closing.
(4) Removal of a
UPST system shall require a certified contractor to be present on site during
each of the following activities:
(a) The cleaning
and purging of the UPST system;
(b) The actual
excavation and removal of the UPST system or a component;
(c) All testing
associated with the cleaning and purging processes; and
(d) The
disconnection or capping of a component of the UPST system during the removal.
(5) The interior
tank lining of a UPST system shall require a certified contractor to be present
on site during each of the following activities:
(a) The cleaning
and purging of the UPST system;
(b) The
excavation of the tank top;
(c) The cutting
of the top of the tank;
(d) The entry of
the tank;
(e) The
preparation of the interior of the tank;
(f) The
application of the lining of the tank; and
(g) The closing
and testing of the tank.
(6) The
installation of corrosion protection to a UPST system shall require a certified
contractor to be present on site during each of the following activities:
(a) Excavation;
and
(b) The
installation of an approved corrosion protection system.
Section 4.
Certificate Availability. Each certified contractor shall have a copy of the
current certificate issued by the State Fire Marshal at the location where he
is supervising work. Upon request of a fire official or agent of the Natural
Resources and Environmental Protection Cabinet, a certified contractor shall
make the current certificate available for inspection.
Section 5.
Application for Certification Requirements. Each applicant for certified
contractor shall:
(1) Submit an
application accompanied by a nonrefundable fee of $300, to the State Fire
Marshal, on application form "SFM/UPST #01, May, 2001", which is
incorporated by reference in Section 11 of this administrative regulation;
(2) Be an
individual at least eighteen (18) years of age;
(3) Verify to
the State Fire Marshal the individual's experience in the installation of,
performance of repairs on site to, interior lining of, installation of
corrosion protection, closure and removal of UPST systems, as required by Section
6 of this administrative regulation;
(4) Complete the
examination requirements of Section 7 of this administrative regulation;
(5) Provide
proof of financial capability for taking corrective action and for compensating
a third party for bodily injury or property damage by submitting certificates
of general liability insurance in the minimum amount of $500,000 and pollution
liability insurance or other proof of financial capability to respond to
damages in the minimum amount of $25,000 per occurrence; and
(6) If the
individual wishes the certificate to be issued with a company name, indicate
the company name on the application form. The company shall provide the
insurance certificates required by subsection (5) of this section and be
subject to this administrative regulation.
Section 6.
Experience Requirements. (1) The person making application shall demonstrate
that within five (5) years immediately prior to making application, that he has
participated in the installation of, performance of repairs on site to, closure
of, interior lining of, installation of corrosion protection to, or removal of
a minimum of six (6) underground storage tanks, except that:
(a) Technical
training of the type provided and documented by the manufacturer of the
underground storage tanks and approved by the State Fire Marshal shall reduce
the experience requirements of this subsection by one-third (1/3); or
(b) A BS degree
in engineering with a concentration in the area of underground containment
systems or a Kentucky license to practice engineering shall reduce the
experience requirements of subsection (1) by two-thirds (2/3).
(2)(a) An
applicant requesting installer or remover certification shall:
1. Have
installed at least three (3) UPST systems;
2. Meet the
experience requirements established in subsections (3), (4), and (5) of this
section.
(b) A certified
installer or remover shall be qualified to perform work on a UPST system.
(3) An applicant
requesting contractor certification pursuant to this administrative regulation
for the limited function of removal and closure shall demonstrate experience in
removal and closure of six (6) underground storage tanks.
(4) An applicant
requesting contractor certification pursuant to this administrative regulation
for the limited function of tank lining shall demonstrate experience in lining
of six (6) underground storage tanks or provide proof of certification from the
tank interior lining manufacturer or supplier of lining material.
(5) An applicant
requesting certification pursuant to this administrative regulation for the
limited function of installing corrosion protection shall demonstrate
experience in the installation of six (6) corrosion protection systems.
Section 7.
Probationary Certification. If the applicant does not comply with the level of
experience required by Section 6 of this administrative regulation, the
applicant shall receive a probationary certificate under the following
conditions:
(1) An applicant
shall obtain a minimum score of eighty-five (85) percent on the written
examination;
(2) An applicant
shall complete three (3) applicable UPST activities for which the applicant
seeks certification within one (1) year of the issuance of the certificate;
(3) All UPST
activities shall comply with applicable codes and statutes;
(4) An applicant
shall not install, interior line, install corrosion protection, remove, close,
backfill around or cover a tank installation during the probationary period
without prior approval of the State Fire Marshal's office; and
(5) An applicant
shall pay a $100 add-on inspection fee for each site where a tank is removed,
closed, installed, upgraded or repaired by the applicant.
Section 8.
Examination Requirements. Each applicant for certified contractor shall take
and pass a written examination administered by the State Fire Marshal in
compliance with this section.
(1) The
applicant shall submit payment of a fifty (50) dollar nonrefundable fee at
least ten (10) days prior to the date of examination.
(2) The
examination for certification as an installer or remover shall be a written
multiple choice examination covering all aspects of the installation, repair,
interior lining, installation of corrosion protection, closure, and removal of
underground petroleum storage tank systems. The examination shall test the
applicant's knowledge of codes, standards, laws and administrative regulations
and of current technological and industry recommended practices with respect to
the proper installation, repair, interior lining, installation of corrosion
protection, closure, and removal of UPST systems.
(3) An applicant
who requests to be a certified contractor for the limited purpose of removing
and permanently closing a UPST system shall be tested on knowledge of closure
and removal.
(4) An applicant
who requests to be a certified contractor for the limited function of interior
lining of UPST systems shall be tested on knowledge of cleaning, and lining the
interior of an underground petroleum storage tank.
(5) An applicant
who requests to be a certified contractor for the limited purpose of installing
corrosion protection shall be tested on the installation, monitoring and
general knowledge of a cathodic protection system.
(6) An applicant
may request permission to take the examination orally, upon good cause shown.
(7) An applicant
shall obtain a minimum score of seventy-five (75) percent on the written
examination to satisfactorily pass.
(8) An applicant
who fails the examination may request reexamination upon payment of a
nonrefundable twenty-five (25) dollar fee. An application shall remain pending
for that purpose for a period of one (1) year after the date the application
was submitted. If the applicant has not requested reexamination within the one
(1) year period, the applicant shall file a new application for certification
with the State Fire Marshal.
(9) An
examination shall be given monthly in the State Fire Marshal's Office located
at 101 Sea Hero Road, Suite 100, Frankfort, Kentucky 40601-5405.
(10) An
examination shall be graded and the applicant notified on the day of the
examination. An examination paper:
(a) Shall not be
returned to the applicant; and
(b) May be
reviewed by the applicant on the day of the examination.
(11) With the
application, the State Fire Marshal shall furnish the applicant with a set of
instructions and sample examination questions. Instruction sheets shall refer
the applicant to appropriate laws, administrative regulations and industry
publications.
Section 9.
Certification and Renewal Procedures. (1) The State Fire Marshal shall issue a
certificate to each individual as required by Sections 5 through 7 of this
administrative regulation. Each certificate shall be renewed annually for a fee
of $100 on Form SFM/UPST #02, May, 2001.
(2) The application
or renewal for a certified contractor shall be denied by the State Fire Marshal
if the applicant:
(a) Fails to
provide the:
1. Information
required by the application form SFM/UPST #01;
2. Insurance or
financial responsibility certificates; or
3. the fee
required for application and examination;
(b) Fails to
comply with the experience and education requirements of this administrative
regulation;
(c) Fails to
successfully pass the examination required by this administrative regulation;
or
(d) Makes a
misrepresentation or submits a false statement with the application.
(3) A certified
contractor who fails to renew his certification within a one (1) year period
from the most recent expiration date of his certification shall:
(a) Be treated
as a new applicant;
(b) Retake the
examination; and
(c) Comply with
the new applicant requirements.
Section 10.
Revocation or Suspension of Certification. A certificate issued pursuant to
this administrative regulation shall be suspended or revoked by the State Fire
Marshal if:
(1) The
certified contractor negligently, incompetently, recklessly or intentionally
violated a provision of this administrative regulation or a required code
relating to installation, repair, lining, closure or removal;
(2) The certified
contractor recklessly or intentionally caused or permitted a person under the
contractor's supervision to install, perform a repair on site to, interior
line, install corrosion protection, close, or remove a UPST system in violation
of 815 KAR 10:060;
(3) The
certified contractor obtained the certification through fraud or
misrepresentation;
(4) The
individual who took the examination, provided the experience requirements and
requested the certificate to be issued with a company's name and proof of insurance
is no longer employed by the company in whose name the certificate was issued;
or
(5) The
certified contractor failed to renew the certification in accordance with
Section 9 of this administrative regulation.
Section 11.
Incorporation by Reference. (1) The following material is incorporated by
reference:
(a) Form
SFM/UPST #01, "Application for Certification as an Underground Tank
Contractor", May, 2001; and
(b) Form
SFM/UPST #02, "Installer/Remover Certification Renewal Form", May,
2001.
(2) This
material may be inspected, copied or obtained, subject to applicable copyright
law, at the State Fire Marshal's Office, Division of Hazardous Materials, 101
Sea Hero Road, Suite 100, Frankfort, Kentucky 40601-5405, Monday through
Friday, 8 a.m. to 4:30 p.m. (17 Ky.R. 1890; Am. 2205; 2442; 2-7-91; 18 Ky.R.
493; 1038; 1342; eff. 10-8-91; 19 Ky.R. 1913; 2423; eff. 5-10-93; 22 Ky.R.
2342; eff. 8-1-96; 23 Ky.R. 1780; 2518; eff. 12-11-96; 24 Ky.R. 1397; 1679;
eff. 2-17-98; 27 Ky.R. 3377; eff. 8-15-2001.)
