Private Fuel Outlets

The Technical Standards and Safety Authority (TSSA) regulates private fuel outlets (PFOs) under the Ontario Regulation 217/01. Under this regulation TSSA provides oversight, conducts design reviews, and inspections to ensure all fuels safety regulations are met as they relate to handling fuel on PFO sites. The regulation adopts the Liquid Fuels Handling Code, 2017 (LFHC), which specifies the requirements for the storage, handling and dispensing of gasoline and associated products that are used as fuel in motor vehicles or motorized watercraft.

What is a Private Fuel Outlet (PFO)?

A PFO refers to any premise where gasoline or an associated product is put into the fuel tanks of motor vehicles or into portable containers. This definition excludes retail outlets, marinas, and bulk plants.

Examples of PFOs:

Municipalities that fill their own fire trucks
Farms and other agricultural operations that have fueling facilities
Courier companies that fuel their own fleet of delivery vehicles
Car rental agencies with fueling facilities
Any other company with fueling facilities for its fleet vehicles
Campgrounds, rental cottages or fishing camps where fuel is provided as part of the rental agreement for boats (via portable containers), ATV’s or snowmobiles. (Note: if the fuel is being dispensed directly into the fuel tank of a boat, this is a marina, not a PFO, and requires an annual license.)

Not a PFO:

A logging or mining company that provides fuel to private contractors and then deducts the cost of fuel from the contractors would require a license for selling fuel

If you are unsure if your facility is a PFO, please contact us at fuels_technical_services@tssa.org.

PFO Inspections

TSSA does not have a periodic inspection program for PFOs. However, if you wish to have your facility inspected, please call toll-free 1-877-682-8772 or view our inspector directory.

Inspections are an important way to ensure facilities are following Ontario’s safety laws. A typical inspection includes:

Inspection of fuel storage and dispensing equipment, such as storage tanks, sumps, lines and pumps, to ensure they are in good working order and properly maintained
Review of maintenance records and logs
Review of operation procedures, including attendance responsibilities, records of various test results, such as dip tests, pressure and/or precision leak tests, and cathodic protection tests
Review training of staff

During an inspection, orders may be issued to correct any non-compliance with the regulations.

How to Prepare for an Inspection

Take the following steps to ensure safety, reduce the possibility of safety orders, and reduce the cost of your inspection:

ULC label

- Make sure all equipment is certified to a Canadian standard (e.g. ULC or CSA) and is in good working order - if you are unsure of the safety of the equipment, contact a registered petroleum contractor.

- Keep maintenance/tests (e.g. cathodic protection and precision leak detection tests) up-to-date and records available to the inspector

- Make sure aboveground tanks have anti-syphon valves, if required, and vehicle protection

- All storage tanks must have an overfill protection device or an overfill procedure (see appendix F in LFHC) for tanks <5,000L

- If equipment is leaking, immediately shut it down and contact a registered petroleum contractor for repair

Spill kit

- The facility must have a spill kit and fire extinguishers

Improper electrical

- Storage tanks must be sited away from wells, buildings, etc.

- Staff must be trained in the use of all equipment and emergency procedures and you must retain a record of the training.

- The facility must have proper electrical wiring (not extension cords), and an emergency shut off switch

Inspection Orders

When an inspection identifies fuel safety concerns, TSSA inspectors issue orders. Depending on the nature of the risk, owner/operators are given timelines to comply on the following basis:

High Risk order will require immediate action within 0 to 10 days, including immediate shutdown of equipment
Medium Risk order will require action between 11 to 60 days
Low Risk order will require action within 90 days

TSSA appreciates that different sites may have unique challenges. Except for high-risk orders due to public and environmental safety risks, TSSA inspectors will work with you to develop compliance plans and, where appropriate, extend timelines to resolve orders.

Variances

Variances or deviations from the LFHC are granted in certain circumstances. They allow flexibility at facilities that do not comply with some of the requirements, but are equivalent in safety standards acceptable to TSSA.

All liquid fuel variances are reviewed by a member of the TSSA engineering department and are posted for public consultation on the Environmental Bill of Rights Registry for 30 days prior to being presented to the variance committee. The final decision must also be posted for 15 days.

You may apply for a variance by completing a variance application and submitting the application to fssubmissions@tssa.org. Facility owners must demonstrate why the code cannot be met and what equivalent safety measures would be implemented to ensure safety.

Variances to abandon an underground fuel tank in place will require additional information outlined in the following Fuels Safety Program Advisory:

Environmental Assessment Requirements to Abandon an Underground Fuel Storage Tank in Place or Re-Use an Out of Service Tank (FS-175-10)

NOTE: Variances will not be granted for underground single wall tanks or piping.

Resources

Checklist For Gas Station Attendants and Operators - R2. This checklist details the information that a gas station attendant should know, but it is equally applicable to PFO's and may be used as a guide for training.

If you are looking for a Petroleum Contractor, many are listed on the Ontario Petroleum Contractors Association (OPCA) website.

The Protection Against Vehicular Traffic Advisory explains the requirements for protection of aboveground tanks from vehicles.

Keeping Private Fuel Outlets Safe brochure

Frequently Asked Questions (FAQs)

Am I responsible for the inspection and compliance if I don’t own the tank?

The owner of the equipment at a PFO has the primary responsibility to comply with requirements relating to the equipment and would be billed for the inspection. The inspector would also issue a second order to the PFO operator not to use the equipment after the compliance date if the non-compliance has not been corrected. For example, if an aboveground tank does not have an anti-syphon valve and the fuel supplier owns the tank, the TSSA inspector will issue orders to the supplier and bill them for the inspection. The inspector will also issue an order to the PFO operator to stop using the tank after the compliance date if the contravention has not been corrected.

If the equipment is owned by the PFO (e.g. ABC Trucking), then the inspector will issue orders to ABC Trucking and bill them for the inspection.

Our tanks and equipment are only temporary or on a construction site. Do I need to comply with the regulations?

Yes. Every facility must comply with the applicable regulations regardless of whether the installation of the equipment is temporary or permanent.

Does a Private Fuel Outlet (PFO) need a license?

PFOs do not require a license. However, the PFO must comply with the Liquid Fuels Handling Code.

How long can underground single wall tanks be used?

Underground single wall tanks are grandfathered. There is no requirement in the LFHC to remove them if they are not leaking. If a facility has lost grandfathered status, i.e. the license has lapsed for more than 12 months, then the single wall underground tanks and piping must be replaced with double-wall equipment. Variances are no longer granted for single wall tanks.

How can I tell if my underground tank is leaking?

Because the tank is underground, it is difficult to tell if there is a leak. Some underground tanks may leak for years without owners realizing it. You can have your tank tested for leaks by contacting one of the Recognized Precision Leak Testing Companies.

What do I do if my underground tank is leaking?

You must call a TSSA registered contractor who will find and stop the leak on your behalf. The contractor may also assist you with the clean up that is required if any fuel has been spilled. You are also required to call the Spills Action Centre at 1-800-268-6060 to notify them of the spill incident.

Who are TSSA Registered Contractors?

By law, all contractors working on liquid fuel equipment, such as underground tanks, are required to be registered with TSSA. Persons repairing, installing, removing and servicing underground tanks are also required to be trained and certified as a Petroleum Equipment Mechanic 2. Your fuel supplier may be able to refer you to a TSSA registered petroleum contractors.

How do I remove my underground tank?

You must contact a TSSA registered Petroleum Contractor to perform the task. Only a TSSA registered Petroleum Contractor is qualified to perform the removal of your underground (buried) fuel tank. Ask for the TSSA contractor registration number prior to contracting services.

In case of any fuel spill, you are also required to notify the Spills Action Centre at 1-800-268-6060.

I no longer use my underground storage tank. Can I leave it in place and not remove it?

No, the code requires that it be removed. The TSSA may issue a variance to allow an underground tank to be abandoned in the ground. If you are thinking of abandoning your underground storage tank, you are required to submit a variance application to TSSA.

Are there any government funds for gas station owners to upgrade or remove their underground tanks?

Currently, owners of underground tanks are responsible for the costs of maintaining, upgrading, and removing their underground tank and for cleaning up contamination. Some fuel suppliers may have special financing programs to help you in replacing the underground tank with an aboveground tank.

Contact(s)