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LP Gas Board Meeting Minutes
March 6, 2009
BOARD MEMBERS PRESENT
Boyd W. Cook,
Board Chair
Tom J. Clark, Board Vice Chair
Paul Bedont, Board Member
Tracy Halladay, Board Member
C. Brandon Hone, Board Member
M. Jay Iverson, Board Member
BOARD MEMBERS ABSENT
Jay Downs, Board Member
STAFF PRESENT
Ron Morris, State Fire Marshal
Brent Halladay, State Fire Marshal’s Office
Corey Christensen, State Fire Marshal’s Office
Margo Densley, State Fire Marshal’s Office
Lane Taylor
STAFF EXCUSED
Hugo Rico
Stan Robins
PRESENT
Sue Barlow, Wasatch Propane
Wes Brown, Propane Network
Lindsey Hayes, Wasatch Propane
Rich Martin, Wasatch Heating & Stove
Rich Maughan, Freeway Propane
John A. Meadows, Greener Meadow RV Repair
Mark Miller, Turner Gas Co. Bruce Payne, Western Petroleum
Jeff Pedersen, Utah Plumbing & Heating Contractors Assn.
Scott Sowards, Basin Propane Systems
Bret Steel
Dale Winterton, Western Petroleum
Rob Wolfley, Garkane Propane
Meeting began at 10:00 AM at the Murray City Hall with Chairman Boyd Cook presiding.
Item #1 on the agenda was Board meeting called to order and welcome to all by Chairman Boyd Cook.
Item #2 on the agenda was the approval of the minutes of the December 5, 2008 Board meeting. Chairman Cook asked for any additions or corrections. Paul Bedont made the motion to approve the minutes as written and C. Brandon Hone seconded the motion. All Board members voted in favor.
Chief Deputy Brent Halladay introduced Lana Taylor and reported that she will replace Bob Morton as Legal Counsel for the Board. Lana spoke to the Board members and explained some of her previous work. Lana has been an Assistant Attorney General for the past four years. Chairman Boyd Cook welcomed her and thanked her for her attendance.
Item #3 on the agenda was the election or reelection of Board Chair and Vice Chair at the first meeting of the calendar year as required in UCA 53-7-304(8)(a). Chief Deputy Brent Halladay reported that UCA 53-7-304(8)(a) states; “The Board shall elect its own Chair and Vice Chair at its first regular meeting each calendar year. ” Chairman Boyd Cook opened nominations for these positions. Paul Bedont made a motion to maintain the Chair and Vice Chair positions as currently established, Boyd Cook as Chair and Tom Clark as Vice Chair. M. Jay Iverson seconded the motion. All Board members voted in favor.
Item #4 on the agenda was a report to the Board by 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 reported that the total collections as of March 20, 2008 were $103,444.59. The total collections so far this fiscal year are $101,030.13. This is good considering that many companies have gone out of business, due to the economy.
Item #5 on the agenda was a report to the Board by Chief Deputy Brent Halladay of any response received from the LP Gas industry of the proposed requirement that a minimum amount of public liability insurance be provided to be licensed in LP Gas in the State of Utah. This would also include any responses from the dispenser and HVAC companies. Brent reported that a memorandum was sent to the industry explaining that the LP Gas Board is continuing to take input on the requirement that each application for a license would require proof of public liability insurance. Over 800 companies were notified of this issue. The requirement would be for at least $100,000 for each incident and $300,000 for total coverage. This is the same amount required by the Utah Division of Professional Licensing (DOPL) for contractors to have a license in the State of Utah. The Board has taken input from the Distributors at the last two Board meetings. The dispensers and HVAC contractors have been notified of this proposal as this will also affect their license. Jeff Pedersen, Utah Plumbing & Heating Contractors Association, explained that he sent a letter to UPHCA members advising them of this issue and asked for input. Jeff reviewed the responses he received with the Board. Of all the responses he received only one was against the insurance requirement. Brent explained that most everyone in the industry will already have this insurance as it is required by DOPL to be licensed in the State of Utah. Therefore, all the State Fire Marshal’s Office would require is a copy of the insurance face sheet that indicates proper coverage to be kept on file. Substantial discussion was held. Bret Steel felt that this would be an unnecessary duplication of paper work. Vice Chair Tom Clark felt this insurance requirement is necessary to protect the public and the LP Gas industry as a whole. If there was an accident it will affect everyone. Chief Paul Bedont reported that the responsibility of the LP Gas Board is to protect the health, safety, and welfare of the community and insurance protection is a part of this. Lana Taylor, Assistant Attorney General, explained how companies can work with their insurance agents to resolve particular types of insurance coverage. John Meadows, Greener Meadows RV Repair, feels that this requirement would be too costly for small businesses. Brent explained that small businesses will feel the greatest impact of this requirement. Much more discussion was held to include comments from Scott Sowards, Basin Propane, Chairman Boyd Cook, C. Brandon Hone, M. Jay Iverson and many others. Chairman Boyd Cook asked for a motion to pass or reject amending R710-6-3.2.2 to require minimum public liability insurance. M. Jay Iverson made the motion to pass this insurance requirement and Paul Bedont seconded the motion. All voted in favor. Brent explained that requirement will go into effect in June 2009.
Item #6 on the agenda was a report to the Board by Chief Deputy Brent Halladay of communications with David Nuss, NFPA Regional Manager, to set the date for the proposed NFPA 58 class to be taught in Utah by NFPA Principal Gas Engineer Ted Lemoff. Chief Deputy Brent Halladay reported that David Nuss, NFPA Regional Manager, will teach a NFPA 58 class in Utah on April 29, 2009. The exact location is not known at this time. A flyer inviting the LP Gas industry as well as the Fire Marshal’s Association will be sent out. This will be a one day class and there is no charge. This class will provide further knowledge of NFPA 58, 2008 edition, and will also count as eight hours toward the forty hour requirement for recertification in the LP Gas industry.
Item #7 on the agenda was a report to the Board by Chief Deputy Brent Halladay of the memorandum sent to the LP Gas industry concerning the retroactive installation of internal valves by July 1, 2011. Brent explained that a memorandum was sent to the LP Gas industry explaining that we would discuss the retroactive installation of internal valves. By July 1, 2011, ASME containers over 4000 gallons water capacity shall have all liquid withdrawal openings in existing installations equipped with either an internal valve that is fitted for remote closure and automatic shutoff using thermal fire actuation or have an emergency shutoff valve that is installed in the line downstream as close as practical to a positive shutoff valve in combination with an excess-flow valve installed in the container. The Board and staff understand that this is a very costly upgrade that is required for safety, and encourages the LP Gas industry to start planning and implementing this upgrade for existing containers. Waiting until the last minute to complete this upgrade would cause some containers to be red tagged after the required date of completion. Discussion was held. Corey Christensen, State Fire Marshal’s Office, explained that about one third of these containers are not upgraded at this time.
Item #8 on the agenda was a report to the Board by Chief Deputy Brent Halladay on the Fire Safety Analysis as required in NFPA 58, Section 6.25.3.2, 2008 edition, and the feelings of the LP Gas industry and the fire service with regard to its usefulness. Chief Deputy Brent Halladay explained that he is on the agenda for the March 10, 2009 meeting of the Fire Marshal’s Association of Utah. He will be making inquires of the Fire Marshal’s and getting the feelings of the fire service and their evaluation of the Fire Safety Analysis. Discussion was held on this issue. This item will be tabled until the next Board meeting, as Brent will have more information at that time.
Item #9 on the agenda was a presentation to the Board by Chief Deputy Brent Halladay seeking decision on setting a time limit for initial examinations to a maximum of two hours per examination. Chief Deputy Brent Halladay proposed some changes to R710-6-4, LP Gas Certificates. The following would set some established rules for our certification tests.
- 4.4.1 - The initial examination shall include an open book written test of the applicant’s knowledge of the work to be performed by the applicant. The applicant is allowed to use the adopted statute, administrative rules, NFPA 54, and NFPA 58. Any other materials to include cellular telephones or related cellular equipment are prohibited in the examination room.
- 4.4.2 - The initial examination shall also include a practical or actual demonstration of some selected aspects of the job to be performed by the applicant if so warranted by the test administrator. Brent explained that the word (shall) should be changed to may, as the demonstration of some selected aspects is not usually performed.
- 4.4.3 - Each certification examination taken has a time limit of two hours to completion. Leaving the office or testing location before the completion of the examination voids the examination and will require the examination to be retaken by the applicant. Lana Taylor, Assistant Attorney General, recommended changing the word completion to complete.
- 4.4.5 - Completion of the certification examination will not be allowed if it appears to the test administrator that the applicant has not prepared to take the examination.
Brent explained that these tests are open book, however you should be familiar with the books before trying to complete the examinations. Chairman Boyd Cook feels that the two hour requirement per test may not be adequate. Corey Christensen, LP Gas Specialist, feels that two hours is appropriate if the applicant has studied for the exam. The test questions are in succession with the book. Corey also reported that Certified Employee Training Program (CETP) classes are available on line and may be used to satisfy this requirement. Discussion was held. Board member Tracy Halladay explained that these are minimal knowledge tests and two hours should be sufficient time to complete. Dale Winterton, Western Petroleum, feels that since there are many more questions on our new LP Gas tests, two hours may not be enough time to complete them. Wes Brown, Propane Network, has concerns that people with learning disabilities may need more time. Chief Deputy Brent Halladay reported that reasonable accommodations are provided to assist applicants with learning disabilities. Much more discussion was held to include comments from Bret steel, Rich Martin, Wasatch Heating & Stove, Chief Paul Bedont, and many more. Fire Marshal Ron Morris explained that our intent is not to make our testing process burdensome or uncomfortable. However, it should not take anyone all day to take the test. Chairman Boyd Cook asked that a survey be taken on those who are testing. Keeping records and information on the testing process may be helpful in establishing a time limit. Brent explained that to assure applicants don’t have to travel long distances to test, most testing is done in the field by one of our LP Gas specialists. Therefore some kind of time limit is necessary. Fire Marshal Ron Morris explained that a certification test with no time limit would be hard to justify to the fiscal auditor. Chief Paul Bedont feels that an applicant should not need eight hours to take a certification examination. However, two hours may not be enough time. Discussion was held. The Fire Marshal’s Office was directed to keep detailed records of LP Gas testing times. This item will be discussed at the next Board meeting.
Item #10 on the agenda was a presentation to the Board by Chief Deputy Brent Halladay of the changes in NFPA 54, 2009 edition, from the NFPA 54, 2006 edition. Chief Deputy Brent Halladay reviewed all of the changes and new additions in NFPA 54, 2009, and explained them to the Board. Discussion was held. The Fire Marshal’s Office will send the new TIA to the industry. This item will be further discussed at the next Board meeting.
Item #11 on the agenda was Old Business. Chairman Boyd Cook asked Chief Deputy Brent Halladay to redefine R710-6-8.6.2 to provide more clarity on the rules pertaining to U 69 and 200 PSI containers. This item will be on the agenda at the next Board meeting.
Item #12 on the agenda was New Business. There was no New Business.
Item #13 on the agenda was next meting date and time. It was decided that June 19, 2009 at 10:00 A.M. would be the next meeting at the Murray City Hall. Chairman Boyd Cook adjourned the meeting.