# Are Some Local Gas Stations Breaking The Law?Almost 1,000 stations in California are



## mark handler (Jan 31, 2011)

Are Some Local Gas Stations Breaking The Law?Almost 1,000 stations in California are not in compliance with a state order from Oct. 15 involving gasoline pumps.

By David Mills and Erika Conner

http://danville.patch.com/articles/are-some-local-gas-stations-breaking-the-law-2

If you use one of those clips that lets you automatically pump gasoline into your car, there's a one in 12 chance the gas station you're patronizing is breaking the law.

State officials estimate almost 1,000 of California's 12,000 service stations have not yet complied with an Oct. 15 order from the State Fire Marshal to remove the hands-free pumping clips from so-called VST nozzles.

About 3,000 California stations had those particular nozzles last fall. State officials estimate 70 percent of those stations have complied with the order. That leaves almost 1,000 that haven't.

Stations with the VST nozzles must either remove the clip entirely or install new nozzles that are allowed to have that piece of equipment. The cost of the new nozzles run from $180 to $300 each, plus installation in some cases.

Stations that don't comply faee fines or even the closure of their business.

The issue came to the forefront last fall when the California Air Resources Board reported to the fire marshal that the clips were to blame for 13 spraying incidents last year. A few people were doused by gasoline because of clip malfunctions.  The concern was the clips could pose a fire hazard or contribute to smog formation.

It's unknown had many stations in this region might be out of compliance.

A check of two gas stations in Dublin and one in San Ramon, all Chevron stations, revealed the clip had been removed from VST nozzles.

The manager of another Chevron station in San Ramon with the clips still installed said the nozzles there are not the kind that fall under the fire marshal's order.

The manager of a Union 76 station in Walnut Creek said he removed the clips last fall, then re-installed them after he replaced the nozzles.

Dimitri Stanich, a public information officer for the air resources board, said all station owners are aware of the order.

"It's not like they don't know," he said. "Some of them just aren't doing it."

The State Fire Marshal's office is responsible for enforcing the order. That department has sent lists of non-compliant stations to local fire districts.

Christina Jamison, fire marshal for the San Ramon Valley Fire Protection District, said their region has fewer than 10 stations believed to be non-compliant. She said district code enforcement officers are checking the businesses, but she wasn't sure how many had been inspected.

"It's our intention to have gas stations in question replace the nozzles. We don't want to put gas stations out of business," she said.

Jay McKeemon, vice president of government relations for the California Independent Oil Marketers Association, said he believes the stations that haven't complied haven't done so simply because of the expense.

"My educated guess is they haven't replaced the nozzles because they can't afford the replacement cost," he said.

McKeemon added industry officials believe there is an equal hazard now from service station customers using other items to brace the nozzles and keep gas pumping.

He also notes some senior citizens and disabled people aren't strong enough to hold the nozzle lever for an extended period of time.

He also said the order was made after 13 spraying incidents occurred in a state where 1 million gasoline fillings are done every year.

"It's a strong irritant to us," he said.

Stacey Maloney contributed to this article.


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## mtlogcabin (Jan 31, 2011)

> clips were to blame for 13 spraying incidents last year. A few people were doused by gasoline because of clip malfunctions





> He also said the order was made after 13 spraying incidents occurred in a state where 1 million gasoline fillings are done every year.


13 malfunctions out of 1 million fillings a year.

Talk about a nanny state and over reaction.


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## cda (Jan 31, 2011)

Aren't they required to have an ADA. Approved pump handle?????


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## mark handler (Jan 31, 2011)

cda said:
			
		

> Aren't they required to have an ADA. Approved pump handle?????


NO

http://www.ada.gov/gasbrprt.pdf

People with disabilities may find it difficult or impossible to use the controls, hose, or nozzle of a self-serve gas pump. As a result, at stations that offer both self and full service, people with disabilities might have no choice but to purchase the more expensive gas from a full-serve pump. At locations with only self-serve pumps, they might be unable to purchase gas at all.

The Americans with Disabilities Act (ADA) requires self-serve gas stations to provide equal access to their customers with disabilities. If necessary to provide access, gas stations must -

Provide refueling assistance upon the request of an individual with a disability. A service station or convenience store is not required to provide such service at any time that it is operating on a remote control basis with a single employee, but is encouraged to do so, if feasible.

Let patrons know (e.g., through appropriate signs) that customers with disabilities can obtain refueling assistance by either honking or otherwise signaling an employee.

Provide the refueling assistance without any charge beyond the self-serve price.

If you have additional questions concerning the ADA, you may call the Department of Justice's ADA Information Line at (800) 514-0301 (voice) or (800) 514-0383 (TDD) or access the ADA Home Page at: (www.usdoj.gov/crt/ada/adahom1.htm).


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## Frank (Jan 31, 2011)

If the clips are removed, does it reduce or increase the hazard?

If I recall correctly years ago people were using lighters to hold the handles that did not have clips.

And some articles on this issue reports the same.


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## mtlogcabin (Jan 31, 2011)

The gas cap works just fine for holding the handle on.


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## TimNY (Jan 31, 2011)

NY amended the fire code to remove the "latching" verbage from the dispensing section.

We haven't had hold-open devices on dispensers in years.  Once in a while you will find a latch on a new hose (somebody drove off with the other hose).. That pump will be the busiest (that's the one I head for)... until the next inspection when it is removed.


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