(A) Purpose and scope.
For the purpose of prescribing rules pursuant to sections
3737.02 and
3737.88 of the Revised Code, the
state fire marshal hereby adopts this rule to establish registration
requirements for underground storage tanks containing petroleum or other
regulated substances. This rule is adopted by the state fire marshal in
accordance with Chapter 119. of the Revised Code and shall not be considered a
part of the "Ohio Fire Code."
(B) Annual registration.
(1) No later than the last day of June of
each year, owners of the following
UST systems shall submit an annual
registration application to the
state fire marshal:
(a) UST systems currently in use;
and
(b) UST systems which were
taken
out of service after January 1, 1974 in a manner not in compliance with
either the "Ohio Fire Code" or this chapter of the Administrative Code, as
those requirements were in effect at the time the
UST systems were taken
out of
service.
Owners shall submit an annual registration application to the
state fire marshal for each location containing such UST systems.
(2) The state fire
marshal shall prescribe the annual registration application form to be used and
shall, at least thirty days prior to the registration deadline of each year,
provide an annual registration application to each owner that submitted any UST
registration application to the state fire marshal during the previous
year.
(3) A fee in the amount of
fifty
one
hundred dollars for each
tank or compartment comprising an
UST system
listed on the application shall be submitted by the
owner with the annual
registration application to the
state fire marshal. Any registration received
after the last day of June each year shall be charged a ten per cent late
fee.
(C) Registration
for
new UST system installations.
(1) Any
owner who installs an UST system shall, within thirty days of bringing such UST
system into service, submit a new UST system registration application described
in either paragraph (C)(2) or (C)(3) of this rule to the state fire marshal for
each location where such UST system is installed.
(2) If an UST system is installed at a
location for which there is no current registration, the owner of the UST
system shall submit a new facility registration application to the state fire
marshal on the application form prescribed by the state fire marshal.
(3) If an UST system is installed at a
location for which there is a current registration, the owner of the UST system
shall submit a modified registration application to the state fire marshal on
the form prescribed by the state fire marshal.
(4) A fee in the amount of
fifty
one
hundred dollars for each newly installed
tank or compartment brought into
service which is listed on either registration application described in
paragraph (C)(2) or (C)(3) of this rule shall be submitted by the
owner with
the new
UST registration application to the
state fire marshal.
(D) Registration of previously
deferred USTs.
Owners shall submit a new UST system registration application
to the state fire marshal on the form prescribed by the state fire marshal for
any previously deferred USTs identified in paragraph (C) of rule
1301:7-9-01 of the
Administrative Code that are subject to the registration requirement. All
requirements identified in this rule shall apply to previously deferred
USTs.
(E) Transfer of
UST
ownership.
(1) Any person to whom ownership of
any UST is transferred shall, within thirty days of the transfer, submit a
transfer of UST registration application to the state fire marshal for each
location where an UST subject to the transfer is located. The state fire
marshal shall prescribe a form for this application. The transferor shall
notify the transferee of this requirement at the time of transfer.
(2) A fee in the amount of
fifty
one
hundred dollars for each
tank or compartment comprising an
UST system
listed on the application shall be submitted by the new
owner of the
UST with
the transfer of
UST registration application to the
state fire
marshal.
(F) Change of
product.
Owners shall submit a modified registration application to the
state fire marshal on the form prescribed by the state fire marshal within
thirty days of a change of product. A registration fee is not required.
(G) Fee exemptions.
The United States, the state of Ohio, and political
subdivisions are exempted from paying the fees described in paragraphs (B)(3),
(C)(4), and (E)(2) of this rule. This paragraph does not exempt the United
States, the state of Ohio, and political subdivisions from compliance with all
other provisions of this rule.
(H) The state fire marshal shall review each
application and reject the application if the application does not provide all
of the information required by the prescribed form or if the application was
not accompanied by the applicable fee payment.
(I) No person shall falsify any information
on any application form required by this rule.
(J) Owners of UST systems shall retain a copy
of all current and valid registration applications required by this rule, and
shall make such copy available for inspection within twenty-four hours of a
request by the state fire marshal or local fire official.
Notes
Ohio Admin. Code 1301:7-9-04
Five Year Review (FYR) Dates:
6/7/2022 and
06/04/2027
Promulgated
Under:
119.03
Statutory Authority:
3737.02,
3737.88
Rule Amplifies:
3737.02,
3737.88
Prior Effective Dates: 05/09/1988, 11/05/1990, 09/11/1991,
05/10/1999, 03/01/2005, 07/01/2012, 09/01/2017,
04/01/2018
Effective: 4/1/2018
Five Year Review
(FYR) Dates: 7/31/2022
Promulgated Under:
119.03
Statutory
Authority: 3737.88,
3737.02
Rule
Amplifies: 3737.02,
3737.88
Prior
Effective Dates: 05/09/1988, 11/05/1990, 09/11/1991, 05/10/1999, 03/01/2005,
07/01/2012, 09/01/2017
