[Code of Federal Regulations]
[Title 33, Volume 2]
[Revised as of July 1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 33CFR154.735]

[Page 307-309]
 
                TITLE 33--NAVIGATION AND NAVIGABLE WATERS
 
    CHAPTER I--COAST GUARD, DEPARTMENT OF TRANSPORTATION (CONTINUED)
 
PART 154--FACILITIES TRANSFERRING OIL OR HAZARDOUS MATERIAL IN BULK--Table of Contents
 
                     Subpart D--Facility Operations
 
Sec. 154.735  Safety requirements.

    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.

[[Page 308]]

    (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. 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), 
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 Sec. 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;

[[Page 309]]

    (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 46 CFR 153.955.

[CGD 86-034, 55 FR 36253, Sept. 4, 1990, as amended by CGD 93-056, 61 FR 
41460, Aug. 8, 1996]