Article 3. Administration of California Health And Safety Code >> Division 12. >> Part 2. >> Chapter 1. >> Article 3.

For purposes of this article, "flammable liquids" shall mean any liquid having a flashpoint below 100 F (37.8 C) and a vapor pressure not exceeding 40 pounds per square inch (absolute) at a temperature of 100 F (37.8 C). Flammable liquids may include crude oils and cutback asphalts. "Combustible liquid" shall mean a liquid having a flashpoint at or above 100 F (37.8 C), and below 200 F (93.3 C). This does not include wine, or any other aqueous solution, having an alcoholic content less than, or equal to, 24 percent by volume. This exemption applies only if the nonalcohol portion of the aqueous solution does not fall within the definition of flammable or combustible liquid. The provisions of this article also apply to liquids having a flashpoint of 200 F (93.3 C) or higher when such liquids, upon being heated, assume the characteristics of a flammable or combustible liquid.

The State Fire Marshal shall prepare and adopt regulations in accordance with the provisions of the Administrative Procedure Act (commencing with Section 11340 of the Government Code), which in his or her judgment are designed to promote the safe use of portable internal combustion engine-driven pumps used for the transfer of flammable and combustible liquids.

The authority for the enforcement of the provisions of this article shall be in accordance with Sections 13145 and 13146, Health and Safety Code.

No person, firm, or corporation shall use, permit, or instruct any other person to use or permit, any portable internal combustion engine-driven pump used for the transfer of any flammable or combustible liquids unless such pump conforms to the regulations adopted by the State Fire Marshal.