The Kentucky State Fire Marshal was the first state government agency to regulate USTs. Adopted at the direction of KRS 227.300, the early State Fire Marshal Code focused mainly on fire prevention and safety, not on leak detection or corrective action. The thrust of the early Fire Marshal Code included warning labels, location requirements, and design of USTs and their supports. Although the code mentioned the proper procedures and authorities to contact in case of a release, this topic did not warrant a full section. In 1979 the Fire Marshal's Office adopted a regulation, which included the National Fire Protection Association 30 (NFPA 30), Flammable and Combustible Liquids Code. This code added much more stringent regulations, including increased limitations on design, construction, and locations of tanks. The current regulation, 815 KAR 10:050, incorporates by reference the 1995 Kentucky Fire Prevention Code, Second Edition, which includes NFPA 30. Although the Cabinet's statutes and regulations preempt all other local laws and regulations pertaining to USTs, the Fire Marshal regulations were exempted from this preemption by statute. Click here for a link to KRS 224.60-105, the statutory exemption for the Fire Marshal regulations.

In 1991, under the statutory direction of KRS 224.60-135, the State Fire Marshal promulgated regulations requiring certification of any person or organization who installs, repairs, closes, or removes a petroleum UST. These regulations are located at 815 KAR 30:060. To receive certification, a contractor must pass an examination and meet other experience and financial criteria. Requiring certification of contractors was an effort to assure experience and competence in the petroleum contracting industry.

You can access the following statutory and regulatory sections, and those highlighted in the above text, via a link to the website maintained by the Kentucky Legislative Research Commission. Just click on the citation for the statute or regulation you want to view.

Statute Section Titles

• 224.60-105 Registration of Underground Storage Tanks -- Program to Regulate Tanks

• 224.60-135 Corrective Action For a Release Into The Environment From a Petroleum Storage Tank

• 227.300 Standards of Safety--Conformance With Uniform State Building Code--Publication of Guidelines-- Supplemental Regulations on Temporary Change of Use

Regulation Section Titles

• 815 KAR 10:050 Kentucky Fire Prevention Code

• 815 KAR 30:060 Certification of underground petroleum storage tank contractors