RELATES TO:
KRS
224.60-105,
224.60-135,
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, closes, or removes an underground
storage tank for a petroleum storage tank 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 responsible for the installation, repair, interior
lining, installation of corrosion protection, or 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, or 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) "Remove" or "removal" means permanently
taking an underground storage tank or a component out of service by removing it
from the ground.
(4) "Repair":
(a) Means the restoration of a UPST system or
component; and
(b) Does not mean
routine maintenance or corrosion protection applied to an existing installation
or the application of interior lining.
(5) "Routine maintenance" means servicing the
UPST system or a component without excavation.
(6) "Underground storage tank" is defined by
KRS
224.60-100(1).
(7) "Upgrade":
(a) Means a modification or addition to a
UPST system; and
(b) Does not mean
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
815 KAR
10:060 and 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, or
installation of corrosion protection repair or closure:
(a) Is made by a certified contractor;
and
(b) Complies with all
applicable requirements of
815 KAR
10:060 and 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:
(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 the:
(a) Actual excavation of an
existing UPST system;
(b) Actual
performance of a repair to the UPST system;
(c) Connection of a component of the piping
during the repair project;
(d)
Pressure testing of the UPST or its associated piping during the repair
project;
(e) Replacement of a
piping valve, fill pipe, vent, leak detection device, or spill and overfill
protection device; and
(f) 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:
(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:
(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 process; 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:
(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:
(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 the work is being supervised. Upon request of a fire official or
agent of the Energy and Environment 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, 2020;
(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, and 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 comply with this administrative
regulation.
Section 6.
Experience Requirements.
(1) The person making
application shall demonstrate that within five (5) years immediately prior to
making application, the applicant 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; and
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 at least 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 at least 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 at least
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
the 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, KRS Subchapter 224.60, 806 KAR
Chapter 30, and
806 KAR 10:060, 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 at least monthly in the State Fire Marshal's Office
located at 500 Mero Street, Frankfort, Kentucky 40601.
(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 provide the applicant with a set of instructions and sample
examination questions. Instruction sheets shall refer the applicant to KRS
Subchapter 224.60, 806 KAR Chapter 30,
806 KAR 10:060, 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,
2020.
(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
certification within a one (1) year period from the most recent expiration date
of the 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 allowed 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 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 2020; and
(b)
SFM/UPST #02, "Installer/Remover Certification Renewal Form", May
2020.
(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, 500 Mero
Street, Frankfort, Kentucky 40601, Monday through Friday, 8 a.m. to 4:30
p.m.