Section 20-753. PORTABLE FUEL CONTAINERS AND SPOUTS – EXEMPTIONS

 

753.1 The following shall be exempt from compliance with §§ 751 through 758:

 

(a)Any portable fuel container or spout manufactured in the District of Columbia for shipment, sale, and use outside of the District of Columbia; 

 

(b)A manufacturer or distributor who sells, supplies, or offers for sale in the District of Columbia, a portable fuel container or spout or combination portable fuel container and spout that does not comply with the performance standards § 752 or the certification and compliance standards specified in § 755, as long as the manufacturer or distributor can demonstrate that:

 

(1) The portable fuel container or spout or combination portable fuel container and spout is intended for shipment and use outside of the District of Columbia; and

 

(2) The manufacturer or distributor has taken reasonable prudent precautions to ensure that the portable fuel container or spout or combination portable fuel container and spout is not distributed in the District of Columbia; 

 

(c) Paragraph (b) of this subsection does not apply to portable fuel containers or spouts or combination portable fuel containers and spouts that are sold, supplied, or offered for sale by any person to retail outlets in the District of Columbia;

 

(d) Safety cans meeting the requirements of Chapter 17, Title 29, Part 1926, Subpart F of the Code of Federal Regulations (29 C.F.R. §§ 1926.150, et seq.);

 

(e) Portable fuel containers with a nominal capacity less than or equal to one quart (1 qt.);

 

(f) Rapid refueling devices with nominal capacities greater than or equal to four gallons (4 gal.), provided such devices are designed for use in officially sanctioned off-highway motor sports, such as car racing or motorcycle competitions, or either create a leak-proof seal against a stock target fuel tank, or are designed to operate in conjunction with a receiver permanently installed on the target fuel tank;

 

(g) Portable fuel tanks manufactured specifically to deliver fuel through a hose attached between the portable fuel tank and the outboard engine for the purpose of operating the outboard engine; and

 

(h)Closed-system portable fuel containers that are used exclusively for fueling remote control airplanes.

 

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, 11366 (December 30, 2011).

EditorNote

Section 753 is formerly entitled, "Architectural and Industrial Maintenance Coating Reporting Requirements." The Notice of Final Rulemaking published at 58 DCR 11286 (December 30, 2011) repealed and replaced it with "Portable Fuel Containers and Spouts - Exemptions."