No. 33357 (Amendment): Rule R710-6. Liquefied Petroleum Gas Rules

(Amendment)

DAR File No.: 33357
Filed: 01/31/2010 07:01:10 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

The Utah Liquefied Petroleum Gas Board met on 09/18/2009, in a regularly scheduled Board meeting and voted to amend Rule R710-6 by updating an incorporated reference, adding a new definition of ASME, and rewriting two existing sections to add verbiage and provide clarity to the rule sections.

Summary of the rule or change:

A summary of the proposed rule amendments are as follows: 1) in Subsection R710-6-1(1.3), the Board proposes to update an incorporated reference and use the 2008 edition of the National Fire Protection Association, NFPA 1192, Standard on Recreational Vehicles, and discontinue the use of the 2005 edition; 2) in Subsection R710-6-2(2.1), the Board proposes to add the definition of ASME Stamp to the definitions section; 3) in Subsection R710-6-8(8.6.1), the Board proposes to redefine the requirements of the ASME stamp marking and move it from the section itself and refer it to the definitions section; and, 4) in Subsection R710-6-8(8.6.2), the Board proposes to redefine the the specific type of LP Gas containers that apply, the size, and the reference to the ASME stamp moved to the definitions section.

State statutory or constitutional authorization for this rule:

• Section 53-7-305

This rule or change incorporates by reference the following material:

• Updates: NFPA 1192 - Standard on Recreational Vehicles, 01/31/2010 2008 edition

Anticipated cost or savings to:

the state budget:

The only aggregate anticipated cost to the State budget would be for the needed purchase of the NFPA 1192 newly incorporated reference at $37 per copy. The aggregate cost for these incorporated references would be approximately $185.

local governments:

There would be no aggregate anticipated cost or savings to local government because this specific portion of the Liquefied Petroleum Gas Safety Act is not enforced by local government and there would no need to purchase the required NFPA document.

small businesses:

There would be an aggregate anticipated cost to small businesses of approximately $37 per volume to purchase the NFPA 1192 incorporated reference. Each small business that works on or services recreational vehicles that use LP Gas would be required to purchase the document for $37 per volume. A total aggregate cost is impossible to estimate due to the unknown number of copies that would be purchased by each small business.

persons other than small businesses, businesses, or local governmental entities:

Those persons in larger corporations and businesses would be required to purchase the incorporated reference at $37 per volume. There is no local government entity that would be required to purchase the newly proposed incorporated reference.

Compliance costs for affected persons:

The only compliance cost for affected persons would be the cost of the incorporated reference at $37 per volume. The other proposed changes to the rule do not require a compliance cost for affected persons.

Comments by the department head on the fiscal impact the rule may have on businesses:

As with the other industries that are regulated by the State Fire Marshal's Office, this industry prefers to use the most current edition of the safety standard. The most current edition has the newest allowances and the newest methods that are incorporated for safety as the industry evolves. The cost of the standard is $37 per volume and has never been a significant concern with the industry.

D. Lance Davenport, Commissioner

The full text of this rule may be inspected, during regular business hours, at the Division of Administrative Rules, or at:

Public Safety
Fire Marshal
5272 S COLLEGE DR
MURRAY, UT 84123-2611

Direct questions regarding this rule to:

• Brent Halladay at the above address, by phone at 801-284-6352, by FAX at 801-284-6351, or by Internet E-mail at [e-mail]

Interested persons may present their views on this rule by submitting written comments to the address above no later than 5:00 p.m. on:

03/17/2010

This rule may become effective on:

03/24/2010

Authorized by:

Ron Morris, Utah State Fire Marshal

RULE TEXT

R710. Public Safety, Fire Marshal.

R710-6. Liquefied Petroleum Gas Rules.

R710-6-1. Adoption, Title, Purpose and Scope.

Pursuant to Title 53, Chapter 7, Section 305, Utah State Code Annotated 1953, the Liquefied Petroleum Gas (LPG) Board adopts minimum rules to provide regulation to those who distribute, transfer, dispense or install LP Gas and/or its appliances in the State of Utah.

There is adopted as part of these rules the following codes which are incorporated by reference:

1.1 National Fire Protection Association (NFPA), Standard 58, LP Gas Code, 2008 edition, except as amended by provisions listed in R710-6-8, et seq.

1.2 National Fire Protection Association (NFPA), Standard 54, National Fuel Gas Code, 2009 edition, except as amended by provisions listed in R710-6-8, et seq.

1.3 National Fire Protection Association (NFPA), Standard 1192, Standard on Recreational Vehicles, [2005]2008 Edition, except as amended by provisions listed in R710-6-8, et seq.

1.4 International Fire Code (IFC), Chapter 38, 2006 edition, as published by the International Code Council, Inc. (ICC), except as amended by provisions listed in R710-6-8, et seq.

1.5 A copy of the above codes are on file with the Division of Administrative Rules, and the State Fire Marshal's Office. The definitions contained in the afore referenced codes shall also pertain to these rules.

1.6 Title.

These rules shall be known as "Rules Governing LPG Operations in the State of Utah" and may be cited as such, and will be hereinafter referred to as "these rules".

1.7 Validity.

If any article, section, subsection, sentence, clause, or phrase, of these rules is, for any reason, held to be unconstitutional, contrary to statute, or exceeding the authority of the LPG Board such decision shall not affect the validity of the remaining portion of these rules.

1.8 Conflicts.

In the event where separate requirements pertain to the same situation in the same code, or between different codes or standards as adopted, the more restrictive requirement shall govern, as determined by the enforcing authority.

 

R710-6-2. Definitions.

2.1 "ASME Stamp" means the symbol used to designate that the container has been built to the American Society of Mechanical Engineers (ASME), Boiler and Pressure Vessel Code, Section VIII, Divisions 1 or 2, Rules for the Construction of Unfired Pressure Vessels.

2.[1]2 "Board" means the Liquefied Petroleum Gas Board.

2.[2]3 "Concern" means a person, firm, corporation, partnership, or association, licensed by the Board.

2.[3]4 "Dispensing System" means equipment in which LP Gas is transferred from one container to another in liquid form.

2.[4]5 "Division" means the Division of the State Fire Marshal.

2.[5]6 "Enforcing Authority" means the division, the municipal or county fire department, other fire prevention agency acting within its respective fire prevention jurisdiction, or the building official of any city or county.

2.[6]7 "ICC" means International Code Council, Inc.

2.[7]8 "IFC" means International Fire Code.

2.[8]9 "License" means a written document issued by the Division authorizing a concern to be engaged in an LPG business.

2.[9]10 "LPG" means Liquefied Petroleum Gas.

2.[10]11 "LPG Certificate" means a written document issued by the Division to any person for the purpose of granting permission to such person to perform any act or acts for which authorization is required.

2.[11]12 "NFPA" means the National Fire Protection Association.

2.[12]13 "Possessory Rights" means the right to possess LPG, but excludes broker trading or selling.

2.[13]14 "Public Place" means a highway, street, alley or other parcel of land, essentially unobstructed, which is deeded, dedicated or otherwise appropriated to the public for public use, and where the public exists, travels, traverses or is likely to frequent.

2.[14]15 "Qualified Instructor" means a person holding a valid LPG certificate in the area in which he is instructing.

2.[15]16 "UCA" means Utah State Code Annotated 1953 as amended.

 

R710-6-8. Amendments and Additions.

The following amendments and additions are hereby adopted by the Board:

8.1 All LP Gas facilities that are located in a public place shall be inspected by a certified LP Gas serviceman every five (5) years for leaks in all buried piping as follows:

8.1.1 All buried piping shall be pressure tested and inspected for leaks as set forth in NFPA Standard 54, Sections 4.1.1 through 4.3.4.

8.1.2 If a leak is detected and repaired, the buried piping shall again be pressure tested for leaks.

8.1.3 The certified LP Gas serviceman shall keep a written record of the inspection and all corrections made to the buried piping located in a public place.

8.1.4 The inspection records shall be available to be inspected on a regular basis by the Division.

8.2 Whenever the Division is required to complete more than two inspections to receive compliance on an LP Gas System, container, apparatus, appliance, appurtenance, tank or tank trailer, or any pertinent equipment for the storage, transportation or dispensation of LP Gas, the Division shall charge to the owner for each additional inspection, the re-inspection fee as stated in R710-6-6.1(e).

8.3 All LP Gas containers of more than 5000 water gallons shall be inspected at least biannually for compliance with the adopted statute and rules. The following containers are exempt from this requirement:

8.3.1 Those excluded from the act in UCA, Section 53-7-303.

8.3.2 Containers under federal control.

8.3.3 Containers under the control of the U.S. Department of Transportation and used for transportation of LP Gas.

8.3.4 Containers located at private residences.

8.4 Those using self-serve key or card services shall be trained in safe filling practices by the licensed dealer providing the services. A letter shall be sent to the Division by the licensed dealer stating that those using the self-serve key or card service have been trained.

8.5 IFC Amendments:

8.5.1 IFC, Chapter 38, Section 3801.2 Permits. On line 2 after the word "105.7" add "and the adopted LPG rules".

8.5.2 IFC, Chapter 38, Section 3803.1 is deleted and rewritten as follows: General. LP Gas equipment shall be installed in accordance with NFPA 54, NFPA 58, the adopted LP Gas Administrative Rules, and the International Fuel Gas Code, except as otherwise provided in this chapter.

8.5.3 IFC, Chapter 38, Section 3809.12 is deleted and rewritten as follows: In Table 3809.12, Doorway or opening to a building with two or more means of egress, with regard to quantities 720 or less and 721-2,500, the currently stated "5" is deleted and replaced with "10".

8.5.4 IFC, Chapter 38, Section 3809.14 is amended as follows: Delete "20" from line three and replace it with "10".

8.6 NFPA, Standard 58 Amendments:

8.6.1 NFPA, Standard 58, Section 5.2.1.1 is amended to add the following section: (c) All new, used or existing containers of 5000 water gallons or less, installed in the State of Utah or relocated within the State of Utah shall be [stamped and meet the requirements listed in ASME, Boiler and Pressure Vessel Code, Section VIII, "Rules for the Construction of Unfired Pressure Vessels"]marked with the ASME stamp as defined in Section 2.1 of these rules. All new, used or existing containers of more than 5000 water gallons, installed in the State of Utah or relocated within the State of Utah , shall be [stamped and meet the requirements listed in ASME, Boiler and Pressure Vessel Code, Section VIII, "Rules for the Construction of Unfired Pressure Vessels"]marked with the ASME stamp as defined in Section 2.1 of these rules, and shall be inspected for approval by the Division. If the Division has concerns about the integrity or condition of the container, additional nondestructive testing may be required to include but not limited to hydrostatic testing, ultrasonic metal thickness testing or any other testing as determined necessary by the Division. All incurred costs for additional testing required by the Division shall be the responsibility of the owner.

8.6.2 NFPA, Standard 58, Section 5.2.1.1 is amended to add the following section: (d) If an existing U68, U69, U200 or U201 specification container , more than 5000 water gallons, is relocated within the State of Utah, and does not bear the required ASME [construction] stamp as defined in Section 2.1 of these rules,[the owner may submit to the Division a request for] the container cannot be reinstalled unless the container has received a "Special Classification Permit" from the Division. Specifications of the type of container, container history if known, material specifications and calculations, and condition of the container shall be submitted to the Division by the [owner]person seeking the "Special Classification Permit". The Division shall inspect the container for approval. If the Division has concerns about the integrity or condition of the container, additional nondestructive tests such as hydrostatic testing, ultrasonic metal thickness testing or any other testing as determined necessary by the Division. All incurred costs of testing and evaluations shall be the responsibility of the owner. The Division will approve or disapprove the proposed container. Approval by the Division shall be obtained before the container is set or filled with LP Gas.

8.6.3 NFPA, Standard 58, Section 5.2.1.5 is amended to add the following sentence at the end of the section: Repairs and alterations shall only be made by those holding a National Board "R" Certificate of Authorization commonly known as an R Stamp.

8.6.4 NFPA Standard 58, Sections 5.9.3.2(3)(a) and (b) are deleted and rewritten as follows:

Type K copper tubing without joints below grade may be used in exterior LP Gas piping systems only.

8.6.5 NFPA, Standard 58, Section 6.6.1.2 is amended to add the following at the end of the section: When guard posts are installed they shall be installed meeting the following requirements:

8.6.5.1 Constructed of steel not less than four inches in diameter and filled with concrete.

8.6.5.2 Set with spacing not more than four feet apart.

8.6.5.3 Buried three feet in the ground in concrete not less than 15 inches in diameter.

8.6.5.4 Set with the tops of the posts not less than three feet above the ground.

8.6.6 NFPA, Standard 58, Section 6.6.3 is amended to add the following section: 6.6.3.9 Skid mounted ASME horizontal containers greater than 2000 water gallons, with non-fireproofed steel mounted attached supports, resting on concrete, pavement, gravel or firm packed earth, may be mounted on the attached supports to a maximum of 12 inches from the top of the skid to the bottom of the container.

8.6.7 NFPA, Standard 58, Section 6.6.6 is amended to add the following: (L) All metallic equipment and components that are buried or mounded shall have cathodic protection installed to protect the metal and shall meet the following requirements:

8.6.7.1 Sacrificial anodes shall be installed as required by the size of the container. If more than one sacrificial anode is required they shall be evenly distributed around the container.

8.6.7.2 Sacrificial anodes shall be connected to the container or piping as recommended by the manufacturer or using accepted engineering practices.

8.6.7.3 Sacrificial anodes shall be placed as near the bottom of the container as possible and approximately two feet away from the container.

8.6.8 NFPA, Standard 58, Section 6.24.3.16 is added as follows: On dispensing installations, 1000 gallon water capacity or less, where the dispensing cabinet is located next to the LP Gas container, stainless steel wire braid hose of more than 36 inches in length may be used on vapor and liquid return lines only. The hose shall be secured and routed in a safe and professional manner, marked with the date of installation, and shall be replaced every five years from that installation date.

8.6.9 NFPA, Standard 58, Section 6.25.3.2, the last sentence of the section is deleted and rewritten as follows: Existing installations shall comply with this requirement by March 31, 2011.

8.6.10 NFPA, Standard 58, Section 8.4.1.1(1) is amended as follows: On line one remove "5ft (1.5m)" and replace it with "10 ft (3m)".

 

KEY: liquefied petroleum gas

Date of Enactment or Last Substantive Amendment: [October 8, 2009]March 24, 2010

Notice of Continuation: March 30, 2006

Authorizing, and Implemented or Interpreted Law: 53-7-305

 

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