File No. 34520

This notice was published in the April 15, 2011, issue (Vol. 2011, No. 8) of the Utah State Bulletin.


Public Safety, Fire Marshal

Rule R710-6

Liquefied Petroleum Gas Rules

Five-Year Notice of Review and Statement of Continuation

DAR File No.: 34520
Filed: 03/16/2011 03:10:26 PM

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 Utah Liquefied Petroleum Gas Safety Act is authorized in Sections 53-7-301 through 53-7-316. In Section 53-7-305, the Liquefied Petroleum (LP) 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 LP gas. The LP Gas Board is also 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 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:

The written comments received since the last five-year review of this rule are as follows: 1) on 02/23/2009, the office received a concern written by David Bell, Bell Brothers Oil Company, Coalville, Utah, expressing his concern of the proposed requirement that the LP gas companies need to provide proof of insurance was indeed unnecessary because liability insurance of a much greater amount is already always carried by all distributors; 2) on 06/16/2010, the office received a concern hand-written by Melvin G. Wetzel expressing his concern about the 03/15/2011 memo on non-retail dispensing systems. Mr. Wetzel expressed his concern that the LP gas lobbyists were out to make peoples lives too complicated by requiring these changes, and we already now have too many regulations in existence.

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

The Utah Liquefied Petroleum Gas Safety Act was enacted by the 1987 Utah State Legislature to oversee those that professionally distributed, dispensed, transported, delivered, or installed LP gas systems in the State of Utah. This safety program has substantially lowered LP gas incidents across the State of Utah during the 24-year history of the program. This program should be extended for another five years for the continued safety it incurs by it's existence. Therefore, this rule should be continued. The two times that most LP gas incidents occur is when there is transferring of product or the problem of overfilling the LP gas container. This safety act has indeed lowered each of those concerns and made Utah a safer place to exist. The State Fire Marshal's Office does not disagree with the comments reported above. The first comment was with regard to liability insurance that was placed into the rule as a requirement because it is already carried by all distributors now. The second comment is just an opinion on how a person feels about government.

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 bhallada@utah.gov

Authorized by:

Brent Halladay, State Fire Marshal

Effective:

03/16/2011


Additional Information

The Portable Document Format (PDF) version of the Bulletin is the official version. The PDF version of this issue is available at https://rules.utah.gov/publicat/bull-pdf/2011/b20110415.pdf. The HTML edition of the Bulletin is a convenience copy. Any discrepancy between the PDF version and HTML version is resolved in favor of the PDF version.

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.