Section 20-752. PORTABLE FUEL CONTAINERS AND SPOUTS –PERFORMANCE STANDARDS AND TEST PROCEDURES

 

752.1 Except as provided in § 753, every portable fuel container, spout, or combination portable fuel container and spout, produced thirty (30) days after the effective date of this regulation, that is manufactured for sale, advertised for sale, sold, or offered for sale in the District of Columbia or that is introduced, delivered, or imported into the District of Columbia for introduction into commerce and that is subject to any of the standards prescribed in this article and documents incorporated by reference therein, must be certified for use and sale by the manufacturer through CARB and covered by a CARB Executive Order.

 

752.2 The criteria for obtaining certification, including all test procedures for determining certification and compliance with the standards applicable to portable fuel containers, spouts, or combination portable fuel containers and spouts produced thirty (30) days after the effective date of this regulation, that are manufactured for sale, advertised for sale, sold, or offered for sale in the District of Columbia, or that are introduced, delivered, or imported into the District of Columbia for introduction into commerce and that are subject to any of the standards prescribed in this article and documents incorporated by reference therein are set forth in “CP-501, Certification Procedure for Portable Fuel Containers and Spill-Proof Spouts,” adopted by CARB July 26, 2006, including any subsequent amendments.

 

752.3 Compliance with the performance standards in § 752 or the certification and compliance standards specified in § 755 does not exempt spill-proof systems or spill-proof spouts from compliance with other applicable federal and District of Columbia statutes and regulations, including, but not limited to, fire codes, safety codes, and other safety regulations.

 

752.4Notwithstanding the provisions of § 752.1, a portable fuel container or spout or combination portable fuel container and spout manufactured before thirty (30) days after the effective date of this regulation, may be sold, supplied, or offered for sale until one (1) year starting thirty (30) days after the effective date of this regulation, if it is labeled or designated for use solely with kerosene and if the date of manufacture or a date code representing the date of manufacture is clearly displayed on the portable fuel container or spout.

 

authority

The Director of the District Department of the Environment (DDOE or Department), pursuant to the authority set forth in sections 5 and 6(b) of the District of Columbia Air Pollution Control Act of 1984, as amended, effective March 15, 1985 (D.C. Law 5-165 (DCAPC); D.C. Official Code §§ 8-101.05 and 8-101.06(b)(2008 Repl.)), section 107(4) of the District Department of the Environment Establishment Act of 2005, effective February 15, 2006 (D.C. Law 16-51; D.C. Official Code § 8-151.07(4)(2008 Repl.)), Mayor's Order 98-44, dated April 10, 1998, and Mayor’s Order 2006-61, dated June 14, 2006.

source

Final Rulemaking published at 51 DCR 3879 (April 16, 2004); as amended by Final Rulemaking published at 51 DCR 10781 (November 26, 2004); as amended by Notice of Final Rulemaking published at 58 DCR 11286, 11365 (December 30, 2011).

EditorNote

Section 752 is formerly entitled, "Architectural and Industrial Maintenance Coating - Labeling Requirements." The Notice of Final Rulemaking published at 58 DCR 11286 (December 30, 2011) repealed and replaced it with "Portable Fuel Containers and Spouts - Performance Standards and Test Procedures."