N.Y. Comp. Codes R. & Regs. tit. 1 § 220.2

Current through Register Vol. 46, No. 45, November 2, 2024

Section 220.2 - Specifications and tolerances

(a) Except as otherwise provided in this Part, the specifications, tolerances and regulations for commercial weighing and measuring devices shall be those adopted by the 107th National Conference on Weights and Measures 2022 as published in the National Institute of Standards and Technology Handbook 44, 2023 edition. This document is available from the National Conference on Weights and Measures, 1135 M Street, Suite 110, Lincoln, NE 68508, or the Superintendent of Documents, U.S. Government Printing Office, Washington, DC 20402. It is available for public inspection and copying in the office of the Director of Weights and Measures, Department of Agriculture and Markets, 10B Airline Drive, Albany, NY 12235, or in the office of the Department of State, One Commerce Plaza, 99 Washington Avenue, Suite 650, Albany, New York 12231.

(b) Scales used in the sale of delicatessen products may continue to compute, display and record prices in terms of fractions of a pound.

(c) The municipal authority with jurisdiction over taximeters may elect to permit hand written receipts for fares.

(d) Scales used by stockyard owners, market agencies, dealers, packers and live poultry dealers or handlers to weigh livestock or live poultry for the purpose of purchase, sale, acquisition or settlement shall be equipped with a printing device which shall be capable of being used for recording weight values on a scale ticket or other document used for this purpose.

(e) Gasoline dispensing and measuring device vapor recovery systems shall meet and be subject to the following requirements and test procedures:

(1) Such systems shall have a primary nozzle shut-off, automatic in operation, to stop liquid flow when the liquid level reaches the delivery nozzle.

(2) Such systems shall have an effective means to prevent the recirculation of liquid through the vapor return line, including but not limited to a secondary shut-off device.

(3) Such systems shall include a recirculation prevention device which shall shut off the flow of liquid prior to permitting the passage of liquid through the vapor return line in excess of 0.3 gallon.

(4) Assist systems shall operate at the vacuum level recommended by the manufacturer but not at more than 10 inches HO vacuum as measured at the nozzle during delivery.

(5) Such systems shall operate without the failure of any component between an ambient temperature of 0°F and 105°F.

(6) The following type approval test procedures and tolerances shall apply to all such vapor recovery systems:

(i) The test to determine the acceptability of an individual nozzle shall be conducted utilizing a closed test unit.

(ii) The test procedure for primary shut-off shall positively demonstrate proper initial automatic shut-off and a failure to override such shut-off in 10 consecutive attempts made as rapidly as the nozzle permits. For nozzles that will allow a tight seal with the vehicle fill opening, the 10 attempts to override shall not increase the amount indicated by the dispensing and measuring device by more than 0.1 gallon. This test shall be performed on at least six representative nozzles and shall be repeated at least 10 times on each such nozzle.

(iii) The test procedure for secondary shut-off (if so provided) shall positively demonstrate nozzle shut-off when an attempt is made to dispense liquid into a closed test unit. Prior to an attempt to dispense liquid, the vapor return line shall be filled with sufficient liquid to activate the secondary shut-off device. The end of the nozzle must be inserted into the opening of an empty test unit with care so that the liquid does not drain back into storage. This test must be performed on at least six nozzles and shall be repeated at least 10 times on each such nozzle.

(iv) Prior to a delivery accuracy test, the dispensing and measuring device must be adjusted as close as practicable to zero and within the acceptance tolerance for the device.

(v) Compliance with delivery tolerance requirements shall be based on observations of refueling of at least 300 vehicles under conditions representative of the anticipated range of actual field use.

(vi) Test procedures to determine compliance with delivery tolerance requirements shall include the observation of refueling operations with a liquid trap in the vapor return hose so that all liquid entering the hose can be collected and measured. Trap placement and tester actions shall be such as to produce the least possible change from normal operations. The trap shall be installed at the outlet end of the vapor hose and outside of the dispenser. The vapor return hose shall be drained into the trap after each refueling. The delivery tolerance tests shall be performed on various sizes of passenger vehicles, vans and trucks and shall utilize varied fuel delivery rates, hold-open clip and self-serve modes, complete and partial fills, fuel types and nozzle orientations. A system shall be rejected if there is a failure during any one individual delivery to meet the 0.2 percent tolerance set forth at subparagraph (viii) of this paragraph.

(vii) The test procedure to determine compliance with the limits of vacuum on an assist system shall include an appropriate gauge, pressure transducer or indicator installed at the nozzle. When the system is operated it must function within the limits specified by this subdivision.

(viii) In a vapor recovery systems test the quantity of measured product entering the vapor return line during a delivery shall not exceed 0.2 percent of the total fuel delivered during any one individual delivery and 0.02 percent of the total fuel delivered to the 300 or more vehicles fueled during the test period.

(ix) The commissioner may accept the test results from any other jurisdiction with at least five year's experience testing such systems so long as the procedures and tolerances used are at least as strict as those set forth in this subdivision.

(7) The following field compliance test procedures and tolerances shall apply to all such vapor recovery systems:

(i) The nozzle shall be inserted into the fill opening of the vehicle tank or test unit in accordance with the instructions on the device, if any, and common public usage.

(ii) A primary shut-off shall occur when the nozzle is contacted by the liquid with the dispenser operating at any discharge rate but not less than the minimum rate allowed by the hold-open clip, if any, or three gallons per minute, whichever is less.

(iii) After an original liquid activated (primary) shut-off and with the nozzle outlet immersed in liquid, six additional attempts to activate the nozzle shall be made as rapidly as the installation permits. For nozzles that will allow a tight seal with the vehicle fill opening, the six additional attempts to override the nozzle shall not increase the amount indicated by the dispenser by more than a total of 0.1 gallon. The 0.1 gallon limit does not apply to vehicle tests.

(iv) If the system is equipped with a secondary pressure activated shut-off, 0.1 gallon of fuel shall be poured into the vapor hose while as much of the hose as permitted by the installation shall be placed lower than the nozzle. The nozzle shall be placed rapidly into the empty test unit or a vehicle tank that is within three gallons of being full including the fill inlet. Automatic shut-off must occur when the nozzle is activated.

N.Y. Comp. Codes R. & Regs. Tit. 1 § 220.2

Amended, New York State Register February 5, 2014/Volume XXXVI, Issue 5, eff. 2/5/2014

Amended by New York State Register September 24, 2014/Volume XXXVI, Issue 38, eff. 9/24/2014.

Amended New York State Register July 26, 2017 /Volume XXXIX, Issue 30, eff. 7/26/2017

Amended New York State Register July 11, 2018/Volume XL, Issue 28, eff. 7/11/2018

Amended New York State Register June 19, 2019/Volume XLI, Issue 25, eff. 6/19/2019

Amended New York State Register May 31, 2023/Volume XLV, Issue 22, eff. 5/31/2023