DAR File No. 28584

Public Safety, Fire Marshal

R710-6

Liquefied Petroleum Gas Rules

FIVE-YEAR NOTICE OF REVIEW AND STATEMENT OF CONTINUATION

DAR File No.: 28584
Filed: 03/30/2006, 10:19
Received by: NL

NOTICE OF REVIEW AND STATEMENT OF CONTINUATION

Concise explanation of the particular statutory provisions under which the rule is enacted and how these provisions authorize or require the rule:

The Liquefied Petroleum Gas Act has been in effect since 1987. The completed legislation can be found in Sections 53-7-301 through 53-7-316. In Section 53-7-305, the Liquefied Petroleum Gas Board is authorized to make rules as reasonably necessary for the protection of the health, welfare, and safety of the public and persons using liquefied petroleum (LP) gas. The LP Gas Board is authorized in Section 53-7-305 to make rules setting minimum general standards covering the design, construction, location, installation, and operation of equipment for storing, handling, transporting by tank truck or tank trailer, or using LP Gas.

Summary of written comments received during and since the last five-year review of the rule from interested persons supporting or opposing the rule:

There have been two written comments received during the last five-year period that were made to the LP Gas Board. The first was with regard to the required tank inspections on LP gas transport and bobtail vehicles. There was a request that there be a differentiation between the transport containers and bobtail containers. The second item was with regard to the required testing for certificates of registration to transport LP gas. The concern was all the testing that is required between the Federal Government and the Utah Liquefied Petroleum Gas Safety Act. It was requested that if possible there be a consolidation of the two testing requirements.

Reasoned justification for continuation of the rule, including reasons why the agency disagrees with comments in opposition to the rule, if any:

Rule R710-6 is needed to ensure the continued implementation of the Liquefied Petroleum Gas Safety Act. This safety program has substantially lowered the incidents of LP gas accidents across the State of Utah since 1987. Therefore, this rule should be continued. The two written comments received and stated under the summary of written comments above were acted upon by the LP Gas Board. The second written comment is still in progress by the LP Gas Board and will be completed by the fall of 2006.

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

Authorized by:

Ron L. Morris, Utah State Fire Marshal

ADDITIONAL INFORMATION

PLEASE NOTE:

• Please see the DISCLAIMER regarding information available from state web pages.

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.