Section 93.310. Heating fuel storage.

 

(1)   Scope. This section applies to any new or existing aboveground or underground tank that is used to supply liquid fuel to a heating device, including a used oil burner, if the device and the fuel have the following characteristics:

(a) The heating device is used for space heating, processing or manufacturing.

(b) The fuel is consumed on the premises where stored.

(2)   Installation, use and maintenance.

(a) Tanks that supply oil-burning equipment shall be installed, used and maintained in accordance with NFPA 31 chapters 7 and 12, and this section.

(b) Tanks used to store heating fuel shall be installed by or under the supervision of a certified installer.

(3)   Underground tanks that have a capacity of 4000 gallons or less. Underground heating oil tank systems that have a capacity of 4000 gallons or less shall have all of the following:

(a) A vent whistle, or equivalent means of overfill protection.

(b) Corrosion protection that complies with s. ATCP 93.520 , except this requirement does not apply to tanks that were installed before November 1, 1994.

(c)

1. Precision tightness testing every 2 years or leak detection in accordance with s. ATCP 93.510 , except this requirement does not apply to residential tanks which have a capacity of less than 1,100 gallons and which were installed before October 29, 1999, for consumptive use on the property where stored.

2. The tightness testing or leak detection methods used to comply with subd. 1. shall be specifically approved for use with the specific type of heating oil in accordance with s. ATCP 93.130 .

(4)   Underground tanks that have a capacity of more than 4000 gallons. Underground heating oil storage tanks that have a capacity of more than 4000 gallons shall have leak detection that complies with s. ATCP 93.510 and corrosion protection that complies with s. ATCP 93.520 .

(5)   Spill and overfill prevention.

(a) Spill and overfill prevention for aboveground tanks shall be provided in accordance with s. ATCP 93.300 (3) .

(b) Spill and overfill prevention for underground tanks shall be provided in accordance with s. ATCP 93.505 .

(c) Fill pipes for used-oil tanks that are part of a heating system may be located inside a building.

(6)   Tank closure and general administrative requirements.

(a) Aboveground tanks . Aboveground tanks that store heating oil shall comply with ss. ATCP 93.440 to 93.470 .

(b) Underground tanks . Underground tanks that store heating oil shall comply with ss. ATCP 93.545 to 93.585 .

CR 07-029 : cr. Register November 2008 No. 635 , eff. 2-1-09; correction in (3) (b), (c) 1., 2., (4), (5) (a), (b), (6) (a), (b) made under s. 13.92 (4) (b) 7. , Stats., Register December 2011 No. 672 ; corrections in (3) (b), (c) 1., 2., (4), (5) (a), (b), (6) (a), (b) made under s. 13.92 (4) (b) 7. , Stats., Register October 2013 No. 694 .

Note

Number 5 and #6 fuel oil do not meet the criteria for a liquid and therefore are not regulated by this chapter. Microsoft Windows NT 6.1.7601 Service Pack 1 Tanks installed at 1- or 2-family dwellings are not required to have plan review under section ATCP 93.100 , and aboveground tanks that have a capacity of less than 1,100 gallons are not required to have registration under section ATCP 93.140 . Microsoft Windows NT 6.1.7601 Service Pack 1 Devices that burn used oil are regulated by the Commercial Building Code, chapters SPS 361 to 366, and the Fire Prevention Code, chapter SPS 314. The tank that stores the oil is regulated by this chapter. Microsoft Windows NT 6.1.7601 Service Pack 1 Sections ATCP 93.440 to 93.470 address inspections; seldom-used and temporarily-out-of-service tanks; change in service to store a non-regulated substance; tank closures; tank-system site assessments; and confirming and responding to leaks, spills, overfills and releases. Microsoft Windows NT 6.1.7601 Service Pack 1 Sections ATCP 93.545 to 93.585 address seldom-used and temporarily-out-of-service tanks; change in service to store a non-regulated substance; tank system closures; conditions indicating releases; tank-system integrity assessments; tank-system site assessments; and responding to leaks, spills, overfills and releases. Microsoft Windows NT 6.1.7601 Service Pack 1