Pennsylvania Code & Bulletin
COMMONWEALTH OF PENNSYLVANIA

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The Pennsylvania Code website reflects the Pennsylvania Code changes effective through 54 Pa.B. 488 (January 27, 2024).

34 Pa. Code § 43.38. Fire protection.

§ 43.38. Fire protection.

 (a)  In timbered tunnels, if there is any danger of fire, all reasonable precaution against fire shall be taken and adequate fire protection shall be provided in such a manner as may be approved by the Department.

 (b)  Headframes built of combustible material shall be open framework. At or above the surface landing there may be a headhouse, if built of fire-resisting material.

 (c)  It shall be the duty of the constructor of every tunnel in which oils and other dangerous flammable materials are used, to store the materials, or cause them to be stored, in a covered building kept solely for this storage. The building shall be at least 100 feet from any shaft, tunnel, or approaches, or any building directly connected with a tunnel opening, and at least 300 feet from any powder magazine except that gasoline, naphtha, distillate and fuel oils may be stored in tanks buried in the ground. The tanks shall be provided with proper vents and shall be at least 50 feet from any shaft, tunnel or approaches, or any building directly connected with a tunnel opening, and at least 300 feet from any powder magazine. Lubricating oils may be stored in a well-constructed covered building, which shall be at least 50 feet from any shaft, tunnel or approaches, or any building directly connected with a tunnel opening. No tank shall be installed from which fuel oil is to be conducted by gravity to the point of combustion, unless such tank is located so that escaping oil cannot run over the surface from the tank to any building within 100 feet of any tunnel opening.

 (d)  The person in charge of the building or tanks referred to in subsection (c) shall be the superintendent or a person expressly designated by him. He shall permit only sufficient oil or other flammable material to be taken from the building or tanks to meet the requirements of subsection (e). If any oil or gasoline storage is situated so that leakage would permit the oil or gasoline to flow within the distances specified in subsection (c), means to prevent the flow shall be provided.

 (e)  Oil for illumination or power shall not be taken into or kept in the underground workings of any tunnel in quantities greater than necessary to afford one day’s supply.

 (f)  The storage of gasoline, naphtha and other distillates underground is prohibited. However, a supply sufficient for one day’s operation of blow torches, fuel burning engines or locomotives may be kept in the tanks attached to the equipment.

 (g)  Waste or decayed timber shall not be stored in the tunnel, but shall be promptly removed. Empty boxes, wooden chips, paper and combustible rubbish of all kinds shall not be allowed to accumulate underground.

 (h)  Smoking or the use of unprotected lights shall be prohibited any place where there is danger of igniting explosives, oils, fumes, dust, gases or other combustible material. Notices shall be posted to this effect.

 (i)  Any person using a candle or other portable light in any part of a shaft or tunnel shall extinguish it before departing from the shaft or tunnel, and bring it to the outer air.

 (j)  Buckets filled with clean, dry sand, ready for immediate use in extinguishing fires, shall be kept in all underground electrical stations. An approved fire extinguisher may be kept instead of the sand.



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