815 KAR 30:060. Certification of underground petroleum storage tank contractors

Link to law: http://www.lrc.ky.gov/kar/815/030/060.htm
Published: 2015

      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.)
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