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527 CMR: BOARD OF FIRE PREVENTION REGULATIONS 527 CMR 8.00: TRANSPORTATION OF FLAMMABLE AND COMBUSTIBLE LIQUIDS Section
527 CMR: BOARD OF FIRE PREVENTION REGULATIONS
527 CMR 8.00:
TRANSPORTATION OF FLAMMABLE AND COMBUSTIBLE LIQUIDS
Section
8.01: Purpose and Scope
8.02: Definitions
8.03: Transportation of Flammable and Combustible Liquids
8.04: Permits
8.05: Marking and Placarding of Cargo Tanks
8.06: Marking and Placarding of Portable Tanks
8.07: Cargo Tanks
8.08: Double Bulkheads
8.09: Accident Damage Protection
8.10: Closures For Manholes
8.11: Outlets
8.12: Static Protection
8.13: Lighting
8.14: Exhaust System
8.15: Fire Extinguishers
8.16: Auxiliary Internal Combustion Engines
8.17: Auxiliary Electric Generators and Motors
8.18: Filling and Discharging Tank Vehicles
8.19: Asphalt Tank Vehicles
8.20: Transportation by Transfer Tanks
8.21: General
8.22: Referenced Publications
8.01: Purpose and Scope
(1) 527 CMR 8.00 shall apply to the transportation of combustible liquids, by Massachusetts
registered motor vehicles, in cargo tanks, portable tanks and transfer tanks by transport vehicles, and
flammable liquids in non-bulk packagings not exceeding seven gallons capacity. The intent of
527 CMR 8.00 is to protect the public safety and welfare from the danger of fire due to tank or
container leakage of flammable or combustible liquids, and is in addition to any requirements of the
U.S. Department of Transportation, (DOT) Title 49 CFR.
(2) The transportation of flammable liquids shall be in accordance with U.S. Department of
Transportation, (DOT) Title 49 CFR.
(3) All cargo tanks, portable tanks, and transfer tanks, are to be considered full for the purpose of
permitting required under 527 CMR 8.00.
8.02: Definitions
(1) For the purpose of 527 CMR 8.00, the following terms shall have the meanings respectively
assigned to them:
Approved. Approved by the Marshal.
Cargo Tank. Any container having a liquid capacity of 119 gallons or more intended primarily for the
carriage of flammable or combustible liquids, including appurtenances, reinforcements, fittings, and
closures and which:
(a) is permanently attached to or forms a part of a motor vehicle, or is not permanently attached
to a motor vehicle but which by reason of its size, construction or attachment to a motor vehicle
is loaded or unloaded without being removed from the motor vehicle; and
(b) is not fabricated under a DOT specification for portable tanks; and
(c) does not solely supply fuel for the propulsion of the transport vehicle upon which it is mounted.
Combustible Liquid. Any liquid having a flash point at or above 100°F shall be known as a Class II
or Class III Liquid. Combustible liquids shall be divided into the following classifications: 527 CMR: BOARD OF FIRE PREVENTION REGULATIONS
8.02: continued
Class II: Liquids having flash points at or above 100°F and below 140°F.
Class IIIA: Liquids having a flash point at or above 140°F and below 200°F.
Class IIIB: Liquids having a flash point at or above 200°F.
Compartment. A liquid-tight division of a cargo tank.
Department. Department of Fire Services or Department of State Police.
Flammable Liquid. Any liquid having a flash point below 100°F (38°C) and having a vapor pressure
not exceeding 40 psia at 100°F.
Marshal. The State Fire Marshal.
Nationally Recognized Testing Laboratory (NRTL). An organization which tests for safety and lists,
labels or accepts equipment or materials and which meets the criteria in 527 CMR 49.00: Appendix
C.
Person. Any person, firm or corporation.
Portable Tank. Any container designed primarily to be loaded onto, or on, or temporarily attached
to a transport vehicle and equipped with skids, mountings, or accessories to facilitate handling of the
tank by mechanical means.
Tank Semi-Trailer. Any vehicle, with or without auxiliary motive power, equipped with a cargo tank
mounted thereon or built as an integral part thereof, and used for the transportation of flammable or
combustible liquids, and so constructed that, when drawn by a tractor by means of a fifth wheel
connection, some part of its load and weight rests upon the towing vehicle.
Tank Truck. Any single self-propelled motor vehicle equipped with a cargo tank mounted thereon,
and used for the transportation of flammable or combustible liquids.
Tank Vehicle. Any tank truck or tractor and tank semi-trailer combination equipped with a cargo tank
mounted thereon or built as an integral part thereof, used for the transportation of flammable or
combustible liquids.
Tractor. A self-propelled motor vehicle designed and used primarily for drawing other vehicles and
not so constructed as to carry a load other than a part of the weight of the vehicle and load so drawn.
Transfer Tank. Any container having a liquid capacity of less than 119 gallons into which combustible
liquids are loaded, and drawn out by means of a pump assembly.
Transport Vehicle. Any vehicle such as an automobile, van, truck, tractor or semi- trailer, or any
combination thereof, propelled or drawn by mechanical power and used upon the highways in the
transportation of passengers and property.
Unattended. Any transport vehicle parked without the driver present for more than four hours.
8.03: Transportation of Flammable and Combustible Liquids
(1) No person shall transport by cargo tank or transport vehicle, any combustible liquid within the
Commonwealth unless such liquid is transported in accordance with the requirements of 527 CMR
8.00. No person shall transport by cargo tank or transport vehicle, any flammable liquid unless such
liquid is transported in accordance with U.S. DOT, Title 49 CFR.
(2) Transport vehicles used in the transportation of flammable or combustible liquids as herein
provided for shall be subject to inspection by any member of the Department, the head of the fire
department or his designee. 527 CMR: BOARD OF FIRE PREVENTION REGULATIONS
8.03: continued
(3) No person shall deliver any flammable or combustible liquid by any vehicle, except to transfer to
another vehicle, unless the person, firm, or corporation receiving such liquids exhibits a permit/license
for the storage of such liquids.
8.04: Permits
(1) No cargo tank, portable tank or transfer tank shall be used for the transportation of any
combustible liquid unless that tank has been approved and a permit to transport combustible liquids
issued therefore by the Marshal.
(2) Application for approval of a cargo tank, portable tank or transfer tank shall be made to the
Marshal on a form furnished by the Department giving such information in full as requested, containing
the address of the permitted land in accordance with 527 CMR 8.04(5) where the vehicle is parked
overnight or such other information as he may deem necessary. Upon satisfactory proof of assurance
that the tank has been designed and mounted in accordance with 527 CMR 8.00, the head of the fire
department in the city or town of where the vehicle is parked overnight shall issue a permit to transport
combustible liquids.
(3) The permit to transport provided in 527 CMR 8.04 shall serve as a permit to transport
combustible liquids for a period not to exceed two years. All permits to transport shall expire on
August 31, 1994, and each even numbered year thereafter.
(4) Permits to transport shall consist of a decal to be affixed to the upper left quadrant of the cargo
tank, portable or transfer tank and a valid form FP 44 PERMIT which shall be carried in the transport
vehicle at all times.
(5) No cargo tank, portable tank, or transfer tank, shall be unattended unless a permit has been
obtained from the head of the fire department as provided by M.G.L. c. 148, §§ 10A and 23. All
cargo tanks, portable tanks, and transfer tanks, for which a permit has been granted under 527 CMR
8.04 shall only be left unattended in an area remote from buildings of habitation, in such a manner as
the head of the fire department may prescribe.
(6) Tank vehicles transporting combustible liquids in specification containers in accordance with U.S.
(DOT) Title 49 CFR for flammable liquids, shall be exempt from 527 CMR 8.04(1) through (4)
provided a certificate of exemption has been obtained from the head of the fire department.
(7) Application for a certificate of exemption shall be on a form furnished by the Department giving
such information in full as requested, containing the address of the permitted land in accordance with
527 CMR 8.04(5) where the vehicle is parked overnight. The person making application for a
certificate of exemption shall affirm the tank vehicle meets the specifications for transporting flammable
liquids in accordance with U.S. DOT, Title 49 CFR. Upon receipt of an application and affirmation
for certificate of exemption, the head of the fire department, in the city or town where the vehicle is
parked overnight, shall issue said certificate.
(8) Certificates of exemption shall be carried in the transport vehicle at all times and shall remain in
effect provided the tank vehicle is maintained in accordance with U.S. DOT, Title 49 CFR,
specification for transporting flammable liquids.
8.05: Marking and Placarding of Cargo Tanks
(1) All cargo tanks transporting combustible liquids shall be marked on each side and each end with
the United Nations (UN) hazardous material identification number specified for the material being
transported.
(a) Except as provided in 527 CMR 8.05(3), identification numbers s