Each operator of a facility to which this part applies shall ensure that the following safety requirements are met at the facility:
(a) Access to the facility by firefighting personnel, fire trucks, or other emergency personnel is not impeded.
(b) Materials which are classified as hazardous under 49 CFR parts 170 through 179 are kept only in the quantities needed for the operation or maintenance of the facility and are stored in storage compartments.
(c) Gasoline or other fuel is not stored on a pier, wharf, or other similar structure.
(d) A sufficient number of fire extinguishers approved by an independent laboratory listed in 46 CFR 162.028-5 for fighting small, localized fires are in place throughout the facility and maintained in a ready condition.
(e) The location of each hydrant, standpipe, hose station, fire extinguisher, and fire alarm box is conspicuously marked and readily accessible.
(f) Each piece of protective equipment is ready to operate.
(g) Signs indicating that smoking is prohibited are posted in areas where smoking is not permitted.
(h) Trucks and other motor vehicles are operated or parked only in designated locations.
(i) All rubbish is kept in receptacles.
(j) All equipment with internal combustion engines used on the facility—
(1) Does not constitute a fire hazard; and
(2) Has a fire extinguisher attached that is approved by an independent laboratory listed in 46 CFR 162.028-5, unless such a fire extinguisher is readily accessible nearby on the facility.
(k) Spark arresters are provided on chimneys or appliances which—
(1) Use solid fuel; or
(2) Are located where sparks constitute a hazard to nearby combustible material.
(l) All welding or hot work conducted on or at the facility is the responsibility of the facility operator. The COTP may require that the operator of the facility notify the COTP before any welding or hot work operations are conducted. Any welding or hot work operations conducted on or at the facility must be conducted in accordance with NFPA 51B (incorporated by reference; see § 154.106 ). The facility operator shall ensure that the following additional conditions or criteria are met:
(1) Welding or hot work is prohibited during gas freeing operations, within 30.5 meters (100 feet) of bulk cargo operations involving flammable or combustible materials, within 30.5 meters (100 feet) of fueling operations, or within 30.5 meters (100 feet) of explosives or 15.25 meters (50 feet) of other hazardous materials.
(2) If the welding or hot work is on the boundary of a compartment (i.e., bulkhead, wall or deck) an additional fire watch shall be stationed in the adjoining compartment.
(3) Personnel on fire watch shall have no other duties except to watch for the presence of fire and to prevent the development of hazardous conditions.
(4) Flammable vapors, liquids or solids must first be completely removed from any container, pipe or transfer line subject to welding or hot work.
(5) Tanks used for storage of flammable or combustible substances must be tested and certified gas free prior to starting hot work.
(6) Proper safety precautions in relation to purging, inserting, or venting shall be followed for hot work on containers;
(7) All local laws and ordinances shall be observed;
(8) In case of fire or other hazard, all cutting, welding or other hot work equipment shall be completely secured.
(m) Heating equipment has sufficient clearance to prevent unsafe heating of nearby combustible material.
(n) Automotive equipment having an internal combustion engine is not refueled on a pier, wharf, or other similar structure.
(o) There are no open fires or open flame lamps.
(p) Electric wiring and equipment is maintained in a safe condition so as to prevent fires.
(q) Electrical wiring and electrical equipment installed after October 4, 1990, meet NFPA 70.
(r) Electrical equipment, fittings, and devices installed after October 4, 1990, show approval for that use by—
(1) Underwriters Laboratories;
(2) Factory Mutual Research Corporation; or
(3) Canadian Standards Association.
(s) Tank cleaning or gas freeing operations conducted by the facility on vessels carrying oil residues or mixtures shall be conducted in accordance with sections 9.1, 9.2, 9.3, and 9.5 of the OCIMF International Safety Guide for Oil Tankers and Terminals (ISGOTT) (incorporated by reference; see § 154.106 ), except that—
(1) Prohibitions in ISGOTT against the use of recirculated wash water do not apply if the wash water is first processed to remove product residues;
(2) The provision in ISGOTT section 9.2.10 concerning flushing the bottom of tanks after every discharge of leaded gasoline does not apply;
(3) The provision in ISGOTT section 9.2.11 concerning that removal of sludge, scale, and sediment does not apply if personnel use breathing apparatus which protect them from the tank atmosphere; and
(4) Upon the request of the facility owner or operator in accordance with § 154.107, the COTP may approve the use of alternative standards to ISGOTT if the COTP determines that the alternative standards provide an equal level of protection to the ISGOTT standards.
(t) Guards are stationed, or equivalent controls acceptable to the COTP are used to detect fires, report emergency conditions, and ensure that access to the marine transfer area is limited to—
(1) Personnel who work at the facility including persons assigned for transfer operations, vessel personnel, and delivery and service personnel in the course of their business;
(2) Coast Guard personnel;
(3) Other Federal, State, or local governmental officials; and
(4) Other persons authorized by the operator.
(u) Smoking shall be prohibited at the facility except that facility owners or operators may authorize smoking in designated areas if—
(1) Smoking areas are designated in accordance with local ordinances and regulations;
(2) Signs are conspicuously posted marking such authorized smoking areas; and
(3) “No Smoking” signs are conspicuously posted elsewhere on the facility.
(v) Warning signs shall be displayed on the facility at each shoreside entry to the dock or berth, without obstruction, at all times for fixed facilities and for mobile facilities during coupling, transfer operation, and uncoupling. The warning signs shall conform to 46 CFR 151.45-2(e)(1) or CFR 153.955.
[CGD 86-034, 55 FR 36253, Sept. 4, 1990, as amended by CGD 93-056, 61 FR 41460, Aug. 8, 1996; USCG-2001-8661, 74 FR 45022, Aug. 31, 2009]
Title 33 published on 2012-07-01
The following are only the Rules published in the Federal Register after the published date of Title 33.
For a complete list of all Rules, Proposed Rules, and Notices view the Rulemaking tab.
This is a list of United States Code sections, Statutes at Large, Public Laws, and Presidential Documents, which provide rulemaking authority for this CFR Part.