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LP Gas Board Meeting Minutes
D R A F T
MINUTES
Utah State LPG Board
September 18, 2009
BOARD MEMBERS PRESENT
Boyd W. Cook,
LP Gas Board Chair
Paul Bedont, Board Member
C. Brandon Hone, Board Member
M. Jay Iverson, Board Member
BOARD MEMBERS ABSENT
Tom J. Clark, Board Vice Chair
Tracy Halladay, Board Member
C. Brandon Hone,
Board Member
STAFF PRESENT
Ron Morris, State Fire Marshal's Office
Brent Halladay, State Fire Marshal’s Office
Corey Christensen, State Fire Marshal’s Office
Margo Densley, State Fire Marshal’s Office
Mike Riley, State
Fire Marshal’s Office
Stan Robins, State Fire Marshal’s Office
Lana Taylor, Assistant Attorney General
STAFF EXCUSED
Hugo Rico,
State Fire Marshal’s Office
PRESENT
Rich Maughan, Freeway Propane
Lewis Rayburn, Propane Advantage
Dale Winterton, Western Petroleum
Shane Moncur, American Welding & Tank
- Item #1 Meeting began at 10:00 AM at the Murray City Hall with Chairman Boyd Cook presiding. Chairman Boyd Cook welcomed everyone and explained that Vice Chair Tom Clark, Tracy Halladay, and C. Brandon Hone, will be excused from this meeting today. Chief Deputy Brent Halladay explained that Hugo Rico, State Fire Marshal’s Office, has also asked to be excused, as he is on vacation.
- Item #2 on the agenda was the approval of the minutes of the June 19, 2009 Board meeting. Chairman Boyd Cook asked for any additions or corrections. Paul Bedont made the motion to approve the minutes as written and M. Jay Iverson seconded the motion. All Board members voted in favor.
- Item #3 on the agenda was a report to the Board by Deputy Corey Christensen on the activities of the LP Gas program and monies collected since the last Board meeting. Corey Christensen distributed and explained the LP Gas Division activity report to the Board. Corey explained that there have been 28 plan reviews turned in so far this fiscal year and the collections July thru September 17, 2009 were $35,847.20. The total fiscal year 2008-2009 collections were $157, 516.52.
- Item #4 on the agenda was a report to the Board by State Fire Marshal Ron Morris on the current status of the budget and any legislation proposed for the 2010 Utah State Legislature. State Fire Marshal Ron Morris explained that the State is in a rather bad budget cycle. The latest projections reflect that the State is about 850 million dollars short. Last year the Department of Public Safety was funded out of a restricted account, and we were left pretty much unharmed. We actually received a little extra money for firefighting training. We will be working through the budget process with the Commissioner’s Office and the Board will be advised on the progress. Also, we have two pieces of legislation in the works that will be presented in the next legislative session. Representative Ronda Menlove from Northern Utah has agreed to sponsor both of these pieces. The first piece addresses novelty toy like cigarette lighters. These lighters have been placed in the fronts of many stores and kids can’t tell the difference between them and a toy. There are about eight states that have banned these lighters and around eight more states that are working towards legislation that will ban them. Also, currently there is no one that regulates the folks that use flame effects in the State of Utah. In the past most performers used some sort of a firework demonstration in their performances. However, many performers are now using more flame effects. Flame effects are more predictable and a more controllable, but there is no one that regulates them. The industry has approached the State Fire Marshal’s Office asking if we would be willing to regulate them. Legislation on this item has been sent to the sponsor for final approval. This legislation will require the flame effects industry to be licensed through this office.
- Item #5 on the agenda was information to the Board by Chief Deputy Brent Halladay presenting the proposed amendments of the standard and the recommendation to adopt NFPA 1192, Standard on Recreational Vehicles, 2008 edition, to replace the currently adopted 2005 edition. Brent reported that on August 27, 2009 a memorandum was sent from the State Fire Marshal’s Office to the Recreational Vehicle Operators and Licensees explaining that the Board will be looking at adopting NFPA 1192, Standard on Recreational Vehicles, 2008 edition. Brent addressed the changes and additions in the 2008 edition, and explained each of them to the Board members and audience and asked if there were any questions or comments on these issues. Discussion was held. Chairman Boyd Cook asked for a motion to adopt NFPA 1192, Standard on Recreational Vehicles, 2008 edition. Jay Downs made the motion and M. Jay Iverson seconded the motion. All board members voted in favor.
- Item #6 on the agenda was information to the Board by Chief Deputy Brent Halladay of the current proposed rule filing that removed the two-hour limit on the completion of certification examinations, adoption of the 2009 edition of NFPA 54, and the extension of time to complete the Fire Safety Analysis to March 2011. Chief Deputy Brent Halladay reported that he has filed a Notice of Proposed Rule Amendment with Administrative Rules, and explained the requirements and information needed to file this document to the Board members. Brent reported that this process usually takes about sixty days, as the document must be published and there must be thirty days for public comment. A summary of the proposed rule amendments are as follows: R710-6-1.2, uses the 2009 edition of National Fire Protection Association, NFPA 54, National Fuel Gas Code and discontinues usage of the 2006 edition. R710-6-4.4.3, deletes the time limit of two hours to complete the certification examinations. R710-6-8.6.9, extends the time limit by one year for submittal of the Fire Safety Analysis to be completed by those with L.P. Gas containers having a capacity of more than 4,000 water gallons. R710-6-8, will correct rule verbiage in several sections to make the rules more understandable. These rule changes will go into effect on October 8, 2009.
- Item #7 on the agenda was another presentation to the Board by Chief Deputy Brent Halladay of the proposed amendment of Utah Administrative Code, R710-6-8.6.2, Liquefied Petroleum Gas Rules, further defining the requirements to relocate existing LP Gas containers in the State of Utah that do not bear the ASME construction stamp. Chief Deputy Brent Halladay explained that he has been asked once again to further define the requirements to relocate existing LP Gas containers in the State of Utah that do not bear the ASME construction stamp. At the last Board meeting Lana Taylor, Assistant Attorney General, suggested that it would be better to define the purpose for which the stamp is given rather than describing what it looks like. This would be defined in the definition section. Brent distributed and explained pictures of ASME stamps and the proposed rule changes to the Board members. R710-6-2.1, is amended to add the following definition: “ASME Stamp” means the symbol used to designate that the container has been built to the ASME Boiler and Pressure Vessel Code, Section VIII, Divisions 1 or 2, Rules for the Construction of Unfired Pressure Vessels.” R710-6-8.6.1 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 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 marked with the ASME stamp as defined in Section 2.1 of these rules, and shall be inspected for approval by the Division. R710-6-8.6.2 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 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 container cannot be reinstalled unless the container has received a “Special Classification Permit” from the Division. It was suggested that (d) be clarified to read: “(d) If an existing U68, U69, U200, or U201 specification container, of more than 5,000 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 container cannot be reinstalled unless the container has received a “Special Classification Permit” from the Division. Discussion was held. Lana Taylor suggested that in definitions the word construction be struck from ASME construction stamp, and ASME be written as American Society of Mechanical Engineers (ASME). Chairman Boyd Cook asked for a motion to accept these rule changes with the noted clarifications. M. Jay Iverson made the motion and Paul Bedont seconded the motion. All voted in favor.
- Item #8 on the agenda was a presentation to the Board by Chief Deputy Brent Halladay on the installation of “wet legs” on privately installed LP Gas systems. This is a revisit of the Board’s decision and Memorandum sent to the LP Gas industry on this subject in November 2004. Chief Deputy Brent Halladay distributed a Memorandum dated November 22, 2004 that dealt with “Wet Legs” on privately owned containers, and explained that once again there have been several questions raised with regard to this issue. Brent explained that we have received a number of complaints from distributors about the installation of these private dispensing systems being placed by competing companies and violating the statute and the rules. A plan review is required for the installation of these private containers with a “Wet Leg” attached. Our office needs to inspect these dispensing systems after the plans are approved to insure they are installed correctly and meet the allowance to be a private dispenser and not categorized as a public dispenser. Brent reported that there is a number of gravity fed “Wet Legs” on private installations that are not coming through the State Fire Marshal’s Office for inspections. Much discussion was held on this issue to include comments from Corey Christensen, Stan Robins, Rich Maughn, Dale Winterton, Chairman Boyd Cook, and Board member Jay Downs. The State Fire Marshal’s Office will research this matter and send a Memorandum to the LP Gas industry announcing that this issue will be discussed at the next Board meeting.
- Item #9 on the agenda was a review of Utah Administrative Code, R710-6, Liquefied Petroleum Gas Rules, by Chief Deputy Brent Halladay, proposing any corrective concerns to the existing administrative rule. Chief Deputy Brent Halladay reported that there are no corrections to be made.
- Item #10 on the agenda was Old Business. Corey Christensen reported that on July 28, 2009 he sent a letter to the industry as a reminder that a Fire Safety Analysis shall be completed and submitted by March 1, 2011 for all existing installations with an aggregate capacity of more than 4,000 gallons. Also, all LP Gas ASME containers of 4,000 gallons water capacity and above shall comply with the NFPA 58 retroactive code, and listed what they shall be equipped with, by July 1, 2011. Corey also sent a letter explaining that all businesses that have an LP Gas Concern License must provide proof of liability insurance. There has been a very good response from the industry on this issue.
- Item #11 on the agenda was New Business. Chief Deputy Brent Halladay reported that Corey Christensen will be leaving the State Fire Marshal’s Office. Brent thanked Corey for doing a wonderful job for this office and explained that we wish him the best in his business opportunities. Brent explained that Corey’s position will be open and people from the LP Gas industry are encouraged to apply. Chairman Boyd Cook on behalf of the Board also expressed appreciation to Corey for his service and wished him well in his new endeavors.
- Item #12 on the agenda was next meeting date and time. It was decided that January 8, 2010 at 10:00 A.M. would be the next meeting at the Murray City Hall. Chairman Boyd Cook adjourned the meeting.