DAR File No. 27573

Public Safety, Fire Marshal

R710-6

Liquefied Petroleum Gas Rules

NOTICE OF PROPOSED RULE

DAR File No.: 27573
Filed: 12/01/2004, 08:29
Received by: NL

RULE ANALYSIS

Purpose of the rule or reason for the change:

The Utah Liquefied Petroleum Gas (LPG) Board met in a regularly scheduled Board meeting on November 19, 2004, and proposed that the LPG rule be amended. The purpose of the rule amendment is to update an incorporated reference, update reference sections to correspond to the incorporated reference, and modify the requirement for vehicular guard post installations.

Summary of the rule or change:

The Utah LPG Board proposes to amend Rule R710-6 as follows: 1) in Subsection R710-6-1(1.1), the Board proposes to update an incorporated reference by replacing the 2001 edition of National Fire Protection Association (NFPA) 58 with the 2004 edition of NFPA 58; 2) in Section R710-6-8, the Board proposes to make several numerical and grammatical changes to the section references to make the rule sections correspond with the newly adopted incorporated reference; and, 3) in Subsection R710-6-8(8.6.6), the Board proposes to reword the section with regard to how metal vehicular guard posts are installed.

State statutory or constitutional authorization for this rule:

Section 53-7-305

National Fire Protection Association (NFPA), Standard 58, LP Gas Code, 2004 edition

Anticipated cost or savings to:

the state budget:

There would be an anticipated cost to the state budget of approximately $30 per volume to purchase the 2004 edition of NFPA 58. There would be an aggregate anticipated cost to the state budget of approximately $300 to purchase the needed volumes of the 2004 edition of NFPA 58.

local governments:

There would be an anticipated cost to local government of approximately $30 per volume to purchase the 2004 edition of NFPA 58. The aggregate anticipated cost to local government is impossible to anticipate due to the unknown number of volumes of the 2004 edition of NFPA 58 that would be purchased by local government.

other persons:

There would be an anticipated cost to other persons of approximately $30 per volume to purchase the 2004 edition of NFPA 58. The aggregate anticipated cost to other persons is impossible to anticipate due to the unknown number of volumes of the 2004 edition of NFPA 58 that would be purchased by those in the industry and other interested citizens.

Compliance costs for affected persons:

There would be a compliance cost of approximately $30 per volume to purchase the 2004 edition of NFPA 58.

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

There is a fiscal impact on businesses to purchase the 2004 edition of NFPA 58 of only $30 per volume. The industry likes to use the most current edition of the NFPA standards with regard to safety in the usage and handling of LP Gas in the State of Utah.

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

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 bhallada@utah.gov

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:

01/14/2005

This rule may become effective on:

01/15/2005

Authorized by:

Gary A. Wise, 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, [2001]2004 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, 2002 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, 2002 Edition, except as amended by provisions listed in R710-6-8, et seq.

1.4 International Fire Code (IFC), Chapter 38, 2003 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.

R710-6-8. 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, Section 3801.2 Permits. On line 2 after the word "105.7" add "and the adopted LPG rules".

8.5.2 IFC, Section 3803.1 - General. After the word "Code" on line 2 insert ",NFPA 54.

8.5.3 IFC, Section 3809.12 Location of storage outside of buildings. On line three replace the number "20" with the number "10".

8.6 NFPA, Standard 58 Amendments:

8.6.1 NFPA, Standard 58, Section [2-2.1.3]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 meet the requirements listed in ASME, Boiler and Pressure Vessel Code, "Rules for the Construction of Unfired Pressure Vessels". 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 meet the requirements listed in ASME, Boiler and Pressure Vessel Code, "Rules for the Construction of Unfired Pressure Vessels", Section VIII, and shall either be registered by the National Board of Boiler and Pressure Vessel Inspectors or the Manufacturer's Data Report for Pressure Vessels, Form U-1A, be provided.

8.6.2 NFPA, Standard 58, Section [2-2.1.3]5.2.1.1 is amended to add the following section: (d) If an existing container is relocated within the State of Utah, and depending upon the container size, does not bear the required ASME construction code and/or National Board Stamping, the new owner may submit to the Division a request for "Special Classification Permit". Material specifications and calculations of the container shall be submitted to the Division by the new owner. Also, the new owner shall insure that a review of the proposed container be completed by a registered professional engineer experienced in pressure vessel container design and construction, and the new owner submit that report to the Division. 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 [2-2.1.9]5.2.1.5 is [deleted and rewritten as follows]amended to add the following section: [Repair or alteration of containers shall comply with the latest edition of the National Board Inspection Code or the API Pressure Vessel Inspection Code as applicable.](a) 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, Section [2-2.5.1]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.

8.6.5 NFPA Standard 58, Sections [2-4.3(3)]5.8.3.2(3)(a) and (b) are deleted and [amended to read]rewritten as follows:

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

8.6.6 NFPA, Standard 58, Section [3.2.4.2]6.6.1.2 is [deleted and rewritten as follows]amended to add the following: [Guard posts or other approved means shall be provided for LP Gas containers, systems, bulk heads, connecting piping, valves and fittings, and dispensing cabinets that would be subject to vehicular damage. ]When guard posts are installed they shall be installed meeting the following [listed ]requirements:

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

8.6.6.2 Set with spacing not more than four feet apart.

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

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

8.6.7 NFPA, Standard 58, Section [5.4.1.1]8.4.1.1(1) is [deleted and rewritten]amended as follows: [At least 10 feet from the doorway or opening frequented by the public.]On line one remove "5ft (1.5m)" and replace it with "10 ft (3m)".

KEY: liquefied petroleum gas

[October 4, 2004]January 15, 2005

Notice of Continuation July 5, 2001

53-7-305

ADDITIONAL INFORMATION

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For questions regarding the content or application of this rule, please contact Brent Halladay at the above address, by phone at 801-284-6352, by FAX at 801-284-6351, or by Internet E-mail at bhallada@utah.gov

For questions about the rulemaking process, please contact the Division of Administrative Rules (801-538-3764). Please Note: The Division of Administrative Rules is NOT able to answer questions about the content or application of these administrative rules.