DAR File No. 40602
This rule was published in the August 1, 2016, issue (Vol. 2016, No. 15) of the Utah State Bulletin.
Public Safety, Fire Marshal
Liquefied Petroleum Gas Rules
Notice of Proposed Rule
DAR File No.: 40602
Filed: 07/14/2016 10:45:48 AM
Purpose of the rule or reason for the change:
The purpose of this amendment is to comply with the adoption of the 2015 International Fire Code by the Utah State Legislature and make formatting changes; adopt the additional National Fire Protection Association (NFPA), Standard 54, National Fuel Gas Code, 2012 edition not specified in law; update the adopted edition of National Fire Protection Association (NFPA), Standard 1192, Standard on Recreational Vehicles, from 2008 edition to the 2011 Edition' and increase required insurance minimums to meet industry standard.
Summary of the rule or change:
The rule has been renumbered to meet the requirements of the Rulewriting Manual. The purpose of the rule has been restated to meet the requirements of the Rulewriting Manual. The authority of the rule has been restated to meet the requirements of the Rulewriting Manual. Section R710-6-3 has been added, adopting the applicable NFPA Standards. This information was previously included in the purpose statement. Redundant definitions have been removed. The changes also add definitions for "Container" and "Dispenser"; increase insurance amounts from 100,000/300,000 to 1,000,000/3,000,000; reference applicable sections of NFA Standards; and add online testing. The changes also state that re-examination tests will no longer be mailed out; clarifies that the State Fire Marshal or the LP Gas Board Chair may sign a Certificate of Registration; references to fee amounts found in the Utah State Fee Schedule have been removed; corrects code section numbers; and adds Sections R710-6-11 and R710-6-12.
Statutory or constitutional authorization for this rule:
- Section 53-7-305
Anticipated cost or savings to:
the state budget:
There will not be an anticipated cost or savings to the state budget because the changes made to the rule are specific to incorporation of the 2015 International Fire Code specifications and other formatting changes and do not involve changes to fees or equipment requirements.
There will not be an anticipated cost or savings to local budgets because the changes made to the rule are specific to incorporation of the 2015 International Fire Code specifications and other formatting changes and do not involve changes to fees or equipment requirements.
There will not be an anticipated cost or savings to small businesses budgets because the changes made to the rule are specific to incorporation of the 2015 International Fire Code specifications and other formatting changes and do not involve changes to fees or equipment requirements. Current required levels of insurance of 100,000/300,000 are much lower than what is commonly offered by insurance companies and does not provide adequate coverage for today's industry standards. As the majority of the companies that the agency is aware of already insures to these levels and due to the fact that there was no opposition to this change in public meeting, the agency has not counted it as additional cost.
persons other than small businesses, businesses, or local governmental entities:
There will not be an anticipated cost or savings to person's budgets because the changes made to the rule are specific to incorporation of the 2015 International Fire Code specifications and other formatting changes and do not involve changes to fees or equipment requirements. Current required levels of insurance of 100,000/300,000 are much lower than what is commonly offered by insurance companies and does not provide adequate coverage for today's industry standards. As the majority of the companies that the agency is aware of already insures to these levels and due to the fact that there was no opposition to this change in public meeting, the agency has not counted it as additional cost.
Compliance costs for affected persons:
There will not be an anticipated cost or savings because the changes made to the rule are specific to incorporation of the 2015 International Fire Code specifications and other formatting changes and do not involve changes to fees or equipment requirements.
Comments by the department head on the fiscal impact the rule may have on businesses:
I have reviewed the amendment and found that this rule change will not have a fiscal impact on business.
Keith D. Squires, Commissioner
The full text of this rule may be inspected, during regular business hours, at the Office of Administrative Rules, or at:Public Safety
Fire MarshalRoom 302
5272 S COLLEGE DR
MURRAY, UT 84123-2611
Direct questions regarding this rule to:
- Ted Black at the above address, by phone at 801-284-6352, by FAX at , or by Internet E-mail at email@example.com
- Kim Gibb at the above address, by phone at 801-556-8198, by FAX at 801-964-4482, or by Internet E-mail at firstname.lastname@example.org
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:
This rule may become effective on:
Coy Porter, State Fire Marshal
R710. Public Safety, Fire Marshal.
R710-6. Liquefied Petroleum Gas Rules.
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, 2011 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, 2009 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, 2011 Edition, except as
amended by provisions listed in R710-6-8, et seq. 1.4 International Fire Code (IFC), Chapter 38, 2009
edition, as published by the International Code Council, Inc.
(ICC), and as enacted and amended by the Utah State Legislature
in Sections 102 and 201 of the State Fire Code Adoption
Act. 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.]
2.1] "ASME Stamp" means the symbol used to
designate that the container has been built to the [ American Society of Mechanical Engineers (]ASME[ ),] Boiler and Pressure Vessel Code, Section VIII,
Divisions 1 or 2, Rules for the Construction of Unfired Pressure
2.2] "Board" means the Liquefied Petroleum Gas
2.3] "Concern" means a person, firm, corporation,
partnership, or association, licensed by the [ B]oard.
2.4] "Dispensing System" means equipment in which
LP Gas is transferred from one container to another in liquid
2.5] "Division" means the Division of the State
2.6] "Enforcing Authority" means the division, the
municipal or county fire department, other fire prevention agency
acting within its respective fire prevention jurisdiction, or the
building official of any city or county.
2.7] "ICC" means International Code Council,
2.8] "IFC" means International Fire Code.
2.9] "License" means a written document issued by
the Division authorizing a concern to be engaged in an LPG
2.10] "LPG" means Liquefied Petroleum Gas.
2.11] "LPG Certificate" means a written document
issued by the Division to any person for the purpose of granting
permission to such person to perform any act or acts for which
authorization is required.
2.12] "NFPA" means the National Fire Protection
2.13] "Possessory Rights" means the right to
possess LPG, but excludes broker trading or selling.
2.14] "Public Place" means a highway, street, alley
or other parcel of land, essentially unobstructed, which is deeded,
dedicated or otherwise appropriated to the public for public use,
and where the public exists, travels, traverses or is likely to
2.15] "Qualified Instructor" means a person holding
a valid LPG certificate in the area in which he is instructing.
2.16 "Transferred by the final consumer" means
the act of moving an LP Gas cylinder from one place to
another. 2.17 "UCA" means Utah State Code Annotated 1953
3.1] Type of license.
3.1.1] Class I: A licensed dealer who is engaged in the
business of installing gas appliances or systems for the use of LPG
and who sells, fills, refills, delivers, or is permitted to deliver
3.1.2] Class II: A business engaged in the sale,
transportation, and exchange of cylinders, but not transporting or
transferring gas in liquid.
3.1.3] Class III: A business not engaged in the sale of LPG,
but engaged in the sale and installation of gas appliances, or LPG
3.1.4] Class IV: Those businesses listed below:
22.214.171.124] [ D]ispensers
126.96.36.199] [ S]ale of containers greater than 96 pounds water capacity[ .]
188.8.131.52] [ O]ther LPG businesses not listed above.
3.2] The application for a license to engage in the business
of LPG as required in [ 3.1 of these rules], shall be accompanied with proof of
general liability insurance.
The general liability insurance shall be issued by a
general liability insurance carrier showing coverage of at least [
$100,000] for each incident, and [ $300,000] in total coverage.
The licensee shall notify the SFM within [
thirty] days after the general liability insurance coverage
required is no longer in effect for any reason.
3.3 Signature on Application.]
The application shall be signed by an authorized representative of the applicant.
If the application is made by a partnership, it shall be signed by at least one partner.
If the application is made by a corporation or association other than a partnership, it shall be signed by the principal officers, or authorized agents.
Following receipt of the properly completed application, an inspection, completion of all inspection requirements, and compliance with the provision of the statute and these rules, the Division shall issue a license.
3.5 Original, Valid Date.]
Original licenses shall be valid for one year from the date of application. Thereafter, each license shall be renewed annually and renewals thereof shall be valid for one year from issuance.
Application for renewal shall be made on forms provided by the SFM.
3.7 Refusal to Renew.]
B]oard may refuse to renew any license in the same manner,
and for any reason, that they are authorized, pursuant to Article 5
of these rules to deny a license.
The applicant shall, upon such refusal, have the same
rights as are granted by [
Article 5 of this article] to an applicant for a license which has
been denied by the [ B]oard.
3.8 Change of Address.]
Every licensee shall notify the Division, in writing,
thirty (]30[ )] days of any change of his address.
3.9 Under Another Name.]
No licensee shall conduct his licensed business under a name other than the name or names which appears on his license.
3.10 List of Licensed Concerns.]
3.10.1] The [ D]ivision shall make available, upon request and without
cost, to the [ E]nforcing [ A]uthority, the name, address, and license number of each
concern that is licensed pursuant to these rules.
3.10.2] Upon request, single copies of such list shall be
furnished, without cost, to a licensed concern.
The holder of any license shall submit such license for
inspection upon request of the Division or the [
E]nforcing [ A]uthority.
3.12 Notification and LPG Certificate.]
Every licensed concern shall, within [
twenty (]20[ )] days of employment, and within [ twenty (]20[ )] days of termination of any employee, report to
the [ D]ivision, the name, address, and LPG certificate number, if
any, of every person performing any act requiring an LPG
certificate for such licensed concern.
Every license issued pursuant to the provisions of these rules shall be posted in a conspicuous place on the premises of the licensed location.
3.14 Duplicate License.]
A duplicate license may be issued by the Division to replace any previously issued license, which has been lost or destroyed, upon the submission of a written statement from the licensee to the Division.
Such statement shall attest to the fact that the license has been lost or destroyed.
If the original license is found it shall be surrendered to Division within 15 days.
3.15 Registration Number.]
Every license shall be identified by a number,
delineated as P-[
3.16 Accidents, Reporting.]
Any accident where a licensee and LPG are involved must
be reported to the [
B]oard in writing by the affected licensee within 3 days upon
receipt of information of the accident.
The report must contain any pertinent information such as the location, names of persons involved, cause, contributing factors, and the type of accident.
If death or serious injury of person
(s)], or property damage of $5000[ .00] or more results from the accident, the report
must be made immediately by telephone and followed by a written
3.17 Board investigation of accidents.]
At their discretion, the [
B]oard will investigate, or direct the [ D]ivision to investigate, all serious accidents [ as defined in Subsection 3.15].
. LP Gas Certificates.
Application for an LPG certificate shall be made in
writing to the [
The application shall be signed by the applicant.
Every person who performs any act or acts described in [
UCA,] Section 53-7-308, shall pass an initial
examination in accordance with the provisions of this article.
4.3] Types of [ I]nitial [ E]xaminations:
4.3.4] Recreational Vehicle Service
4.3.6] Transportation and Delivery
4.4 Initial Examinations.]
4.4.1] The initial examination shall include an open book
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 may 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
4.4.3] 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.
4.4.4] To successfully complete the written
and practical initial examinations, the applicant
must obtain a minimum grade of [ seventy percent (]70%[ )] in each portion of the examination taken.
Each portion of the examination will be graded separately.
Failure of any one portion of the examination will not delete the entire test.
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.
4.4.6] Examinations may be given at various field locations as
deemed necessary by the Division.
Appointments for field examinations are required.
4.4.7] [ As required in Sections 4.2 and 4.3 of these rules,
those] [ a]pplicants that have successfully completed the requirements
of the Certified Employee Training Program[ (CETP)], as written by the National Propane Gas
Association, and that corresponds to the work to be performed by
the applicant, shall have the requirement for initial examination
waived[ ,] after appropriate documentation is provided to
the Division by the applicant.
4.4.8] As required in [ Sections 4.2 and 4.3.6 of these rules], those applicants
that have successfully completed the requirements in Code of
Federal Regulations [ (]CFR[ )] 49, Parts 172.700, 172.704, 177.800 and
177.816, that correspond[ s] to the work to be performed by the applicant,
shall have the requirement for initial examination waived, after
appropriate documentation is provided to the [ D]ivision by the applicant.
4.4.9] As required in [ Sections 4.2 and 4.3.3 of these rules], those applicants
that have successfully completed the Rocky Mountain Gas
Association, Natural Gas Technician Certification Exam with a
passing score, shall have the requirement for initial examination
waived, after appropriate documentation is provided to the [ D]ivision by the applicant.
4.4.10] As required in [ Sections 4.2 and 4.3.3 of these rules], those applicants that are
licensed journeyman plumbers as required in the Constructions
Trades Licensing Act Plumber Licensing Rules, R156-55c, shall have
the requirement for initial examination waived, after appropriate
documentation is provided to the [ D]ivision by the applicant.
4.5 Original and Renewal Date.]
Original LPG certificates shall be valid for one year from the date of issuance.
Thereafter, each LPG certificate shall be renewed
annually and renewals thereof shall be valid [
from ] for one year from issuance.
4.6 Renewal Date.]
Application for renewal shall be made on forms provided by the Division.
Every holder of a valid LPG Certificate shall take a
re-examination every five years from the date of original
certificate issuance, to comply with the provisions of [
Section 4.3 of these rules] as follows:
4.7.1] [ T]he re-examination to comply with the provisions of [ Section 4.3 of these rules] shall consist of an open book
examination[ , to be mailed to the certificate holder at least 60 days
before the renewal date.]
4.7.2] [ T]he open book re-examination will consist of questions that
focus on changes in the last five years to NFPA 54, NFPA 58, the
statute, [ or] the adopted administrative rules[ .]
The re-examination may also consist of questions that
focus on practices of concern as noted by the [
B]oard or [ D]ivision[ .]
4.7.3] [ T]he certificate holder is responsible to complete the
re-examination [ and return it to the Division ]in sufficient time
to renew[ .]
4.7.4] [ T]he certificate holder is responsible to [ return] to the [ D]ivision [ with the re-examination ]the correct renewal fees
to complete that certificate renewal[ .]
4.7.5] [ A]s required in [ Section 4.7 of these rules], those applicants that have
successfully completed the requirements in Code of Federal
Regulations [ (]CFR[ )] 49, Parts 172.700, 172.704, 177.800 and
177.816, that corresponds to the work to be performed by the
applicant, shall have the requirement for re-examination waived,
after appropriate documentation is provided to the Division by the
4.7.6] [ A]s required in [ Section 4.7 of these rules], those applicants that provide the [ D]ivision with written verification of the completion of 40
hours of continuing training over the previous five-year period
shall have the requirement for re-examination waived.
4.8 Refusal to Renew.]
D]ivision may refuse to renew any LPG certificate in the same
manner and for any reason that is authorized pursuant to [ Section 5.2 of these rules].
The holder of a LPG certificate shall submit such certificate for inspection, upon request of the Division or the enforcing authority.
4.10.1] Every LPG certificate shall indicate the type of act or
acts to be performed and for which the applicant has qualified.
4.10.2] Any person holding a valid LPG certificate shall not be
authorized to perform any act unless he is a licensee or is
employed by a licensed concern.
4.10.3] It is the responsibility of the LPG certificate holder
to insure that the concern they are employed by is licensed under
4.10.4] The requirements listed in Sections 4.10.2 and 4.10.3 of
these rules do not apply to licensed journeyman plumbers who meet
the requirements listed in 4.4.10 of these rules.
4.10.5] The requirements listed in Sections 4.10.2 and 4.10.3 of
these rules do not apply to those final consumers that meet the
requirements stated in [ UCA] 53-7-308.
4.11 Change of Address.]
Any change in home address of any holder of a valid LPG
certificate shall be reported by the registered person to the
Division within [
thirty (]30[ )] days of such change.
A duplicate LPG certificate may be issued by the Division to replace any previously issued certificate which has been lost or destroyed upon the submission of a written statement to the Division from the certified person.
Such statement shall attest to the certificate having been lost or destroyed.
If the original is found, it shall be surrendered to the Division within 15 days.
4.13 Contents of Certificate of Registration.]
Every LPG certificate issued shall contain the following information:
4.13.1] [ T]he name and address of the applicant[ .]
4.13.2] [ T]he physical description of applicant[ .]
4.13.3] [ T]he signature of the LP Gas Board Chair[ man]
4.13.4] [ T]he date of issuance[ .]
4.13.5] [ T]he expiration date[ .]
4.13.6] [ T]ype of service the person is qualified to perform[ .]
4.13.7] [ H]ave printed on the card the following: "This
certificate is for identification only, and shall not be used for
recommendation or advertising".
4.14 Minimum Age.]
No LPG certificate shall be issued to any person who is
sixteen (]16[ )] years of age.
4.15] Restrictive Use.
4.15.1] No LPG certificate shall constitute authorization for
any person to enforce any provisions of these rules.
4.15.2 ] A LPG certificate may be used for identification
purposes only as long as such certificate remains valid and while
the holder is employed by a licensed concern.
4.15.3] Regardless of the acts for which the applicant has
qualified, the performance of only those acts authorized under the
licensed concern employing such applicant shall be permissible.
4.15.4] Regardless of the acts authorized to be performed by a
licensed concern, only those acts for which the applicant for a LPG
certificate has qualified shall be permissible by such
4.16 Right to Contest.]
4.16.1] Every person who takes an examination for a LPG
certificate shall have the right to contest the validity of
individual questions of such examination.
4.16.2] Every contention as to the validity of individual
questions of an examination that cannot be reasonably resolved,
shall be made in writing to the [ D]ivision within 48 hours after taking said examination.
Contentions shall state the reason for the objection.
4.16.3] The decision as to the action to be taken on the
submitted contention shall be by the [ B]oard, and such decision shall be final.
4.16.4] The decision made by the [ B]oard, and the action taken, shall be reflected in all
future examinations, but shall not affect the grades established in
any past examination.
LPG Certificates shall not be transferable to another individual.
Individual LPG certificates shall be carried by the person to whom issued.
4.18 New Employees.]
New employees of a licensed concern may perform the various acts while under the direct supervision of persons holding a valid LPG certificate for a period not to exceed 45 days from the initial date of employment.
By the end of such period, new employees shall have taken and passed the required examination.
In the event the employee fails the examination, re-examination shall be taken within 30 days.
The employee shall remain under the direct supervision of an employee holding a valid LPG certificate, until certified.
4.19 Certificate Identification.]
Every LPG certificate shall be identified by a number,
delineated as PE-[
Such number shall not be transferred from one person to another.
. Adjudicative Proceedings.
5.1] All adjudicative proceedings performed by the agency
shall proceed informally as set forth herein and as authorized by[ UCA,] Sections 63G-4-202 and 63G-4-203.
5.2] The issuance, renewal, or continued validity of a
license or LPG certificate may be denied, suspended or revoked by
the [ D]ivision[ ,] if the [ D]ivision finds that the applicant, person employed for, or
the person having authority and management of a concern commits any
of the following violations:
5.2.1] [ T]he person or applicant is not the real person in interest[ .]
5.2.2] [ T]he person or applicant provides material misrepresentation
or false statement in the application, whether
original or renewal
5.2.3] [ T]he person or applicant refuses to allow inspection by the [ D]ivision or enforcing authority on an annual basis to
determine compliance with the provisions of these rules[ .]
5.2.4] [ T]he person, applicant, or concern for a license does not
have the proper or necessary facilities, including qualified
personnel[ ,] to conduct the operations for which application
is made[ .]
5.2.5] [ T]he person or applicant for a LPG certificate does not
possess the qualifications of skill or competence to conduct the
operations for which application is made[ .]
T]his can also be evidenced by failure to pass the
examination and/or practical tests[ .]
5.2.6] [ T]he person or applicant refuses to take the examination[ .]
5.2.7] [ T]he person or applicant has been convicted of a violation of
one or more federal, state or local laws[ .]
5.2.8] [ T]he person or applicant has been convicted of a violation of
the adopted rules or
been found by a [ B]oard administrative proceeding to have violated the adopted
5.2.9] [ A]ny offense [ of] finding of unlawful conduct, or there is or may be[ ,] a threat to the public's health or safety
if the person or applicant were granted a license or certificate of
5.2.10] [ T]here are other factors upon which a reasonable and prudent
person would rely to determine the suitability of the person or
applicant to safely and competently distribute, transfer, dispense
or install LP Gas and/or it's appliances[ .]
5.2.11] [ T]he person or applicant does not complete the re-examination
process [ by the person or applicants ] certificate or license expiration date[ .]
5.2.12] [ T]he person or applicant fails to pay [ the license fee, certificate of registration fee,
examination fee or other fees] as required in Section [ 6 of these rules].
5.3] A person whose license or certificate of registration is
suspended or revoked by the [ D]ivision shall have an opportunity for a hearing before the
LPG Board if requested by that person within 20 days after
5.4] All adjudicative proceedings, other than criminal
prosecution, taken by the [ E]nforcing [ A]uthority to enforce the Liquefied Petroleum Gas Section,
Utah Fire Prevention and Safety Act, and these rules, shall
commence in accordance with [ UCA, ]Section 63G-4-201.
5.5] The [ B]oard shall act as the hearing authority, and shall convene
after timely notice to all parties involved.
B]oard shall be the final authority on the suspension or
revocation of a license or certificate of registration.
5.6] The [ B]oard shall direct the [ D]ivision to issue a signed order to the parties involved
giving the decision of the [ B]oard within a reasonable time of the hearing pursuant to [ UCA, ]Section 63G-4-203.
5.7] Reconsideration of the [ B]oard's decision may be requested in writing within 20
days of the date of the decision pursuant to [ UCA, ]Section 63G-4-302.
5.8] After a period of three [ (3)] years from the date of revocation, the [ B]oard may review the written application of a person whose
license or certificate of registration has been revoked.
5.9] Judicial review of all final [ B]oard actions resulting from informal adjudicative
proceedings is available pursuant to [ UCA, ]Section 63G-4-402.
6.1 Fee Schedule. 6.1.1 License and LPG Certificates (new and
renewals): 184.108.40.206 License 220.127.116.11.1 Class I - $450.00 18.104.22.168.2 Class II - $450.00 22.214.171.124.3 Class III - $105.00 126.96.36.199.4 Class IV - $150.00 188.8.131.52 Branch office license - $338.00 184.108.40.206 LPG Certificate - $40.00 220.127.116.11 LPG Certificate (Dispenser--Class B) -
$20.00 18.104.22.168 Duplicate - $30.00 6.1.2 Examinations: 22.214.171.124 Initial examination - $30.00 126.96.36.199 Re-examination - $30.00 188.8.131.52 Five year examination - $30.00 6.1.3 Plan Reviews: 184.108.40.206 More than 5000 water gallons of LPG -
$150.00 220.127.116.11 5,000 water gallons or less of LPG -
$75.00 6.1.4 Special Inspections. 18.104.22.168 Per hour of inspection - $50.00 (charged in half hour increments with part half hours
charged as full half hours). 6.1.5 Re-inspection (3rd Inspection or more) -
$250.00 6.1.6 Private Container Inspection (More than one
container) - $150.00 6.1.7 Private Container Inspection (One container)
$75.00 6.2 Payment of Fees.]
The required fee shall accompany the application for license or LPG certificate or submission of plans for review.
6.3 Late Renewal Fees. 6.3.1 Any license or LPG certificate not renewed on or
before one year from the original date of issuance will be subject
to an additional fee equal to 10% of the required
6.3.2] When an LPG certificate has expired for more than one
year, an application shall be made for an original certificate as
if the application was being taken for the first time.
Examinations will be retaken with initial examination fees.
. Board Procedures.
7.1] The [ B]oard will review the [ D]ivision and [ E]nforcing [ A]uthorities activities since the last meeting, and review
and act on license and permit applications, review financial
transactions, consider recommendations of the Division, and all
other matters brought to the [ B]oard.
7.2] The [ B]oard may be asked to serve as a review board for items
7.3] Board meetings shall be presided over and conducted by
the chair[ man] and in his absence the vice chair[ man].
7.4] Meetings of the [ B]oard shall be conducted in accordance with an agenda, which
shall be submitted to the members by the [ D]ivision, not less than [ twenty-one (]21[ )] days before the regularly scheduled [ B]oard meeting.
7.5] The chair[ man] of the [ B]oard and [ B]oard members shall be entitled to vote on all issues
considered by the [ B]oard. A [ B]oard member who declares a conflict of interest or where a
conflict of interest has been determined, shall not vote on that
7.6] Public notice of [ B]oard meetings shall be made by the [ D]ivision as prescribed in [ UCA ]Section 52-4-6.
7.7] The [ D]ivision shall provide the [ B]oard with a secretary, who shall prepare minutes and shall
perform all secretarial duties necessary for the [ B]oard to fulfill its responsibility.
The minutes of [
B]oard meetings shall be completed and sent to [ B]oard members at least [ twenty-one (]21[ )] days prior to the scheduled [ B]oard meeting.
7.8] The [ B]oard may be called upon to interpret codes adopted by the [ B]oard.
7.9] The [ B]oard Chair[ man] may assign member(s) various assignments as
required to aid in the promotion of safety, health and welfare in
the use of LPG.
. 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
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 [ D]ivision.
8.2] Whenever the [ D]ivision 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 [ D]ivision 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
8.3.1] [ T]hose excluded from the act in [ UCA, ]Section 53-7-303[ .]
8.3.2] [ C]ontainers under federal control[ .]
8.3.3] [ C]ontainers under the control of the U.S. Department of
Transportation and used for transportation of LP Gas[ .]
8.3.4] [ C]ontainers 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
A letter shall be sent to the [
D]ivision 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, Chapter 38, Section 3801.2 Permits. On line 2
after the word "105.7" add "and the adopted LPG
rules". 8.5.2 IFC, Chapter 38, Section 3803.1 is deleted and
rewritten as follows: General. LP Gas equipment shall be
installed in accordance with NFPA 54, NFPA 58, the adopted LP Gas
Administrative Rules, and the International Fuel Gas Code, except
as otherwise provided in this chapter. 8.5.3 IFC, Chapter 38, Section 3809.12 is deleted and
rewritten as follows: In Table 3809.12, Doorway or opening to a
building with two or more means of egress, with regard to
quantities 720 or less and 721-2,500, the currently stated
"5" is deleted and replaced with
"10". 8.5.4 IFC, Chapter 38, Section 3810.1 is amended as
follows: On line two after the word "discontinued" add
the words "for more than one year or longer as allowed by the
Authority Having Jurisdiction (AHJ)".]
8.6] NFPA, Standard 58 Amendments:
8.6.1] NFPA, Standard 58, Section 22.214.171.124 is amended to add the
following section: (d) 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. If the Division has
concerns about the integrity or condition of the container,
additional nondestructive testing may be required to include but
not limited to hydrostatic testing, ultrasonic metal thickness
testing or any other testing as determined necessary by the
Division. All incurred costs for additional testing required by the
Division shall be the responsibility of the owner.
8.6.2] NFPA, Standard 58, Section 126.96.36.199 is amended to add the
following section: (e) If an existing U68, U69, U200 or U201
specification container, more than 5000 water gallons, is relocated
within the State of Utah, and does not bear the required ASME 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. Specifications of
the type of container, container history if known, material
specifications and calculations, and condition of the container
shall be submitted to the Division by the person seeking the
"Special Classification Permit". The Division shall
inspect the container for approval. If the Division has concerns
about the integrity or condition of the container, additional
nondestructive tests such as hydrostatic testing, ultrasonic metal
thickness testing or any other testing as determined necessary by
the Division. All incurred costs of testing and evaluations shall
be the responsibility of the owner. 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 188.8.131.52 is amended to add the
following sentence at the end of the section: (A) Repairs and
alterations shall only be made by those holding a National Board
"R" Certificate of Authorization commonly known as an R
8.6.4] NFPA Standard 58, Sections 184.108.40.206(2)(a) and (b) are
deleted and rewritten as follows:
Type K copper tubing without joints below grade may be used in exterior LP Gas piping systems only.
8.6.5] NFPA, Standard 58, Section 220.127.116.11 is amended to add the
following at the end of the section: When guard posts are installed
they shall be installed meeting the following requirements:
18.104.22.168] [ C]onstructed of steel not less than four inches in diameter
and filled with concrete[ .]
22.214.171.124] [ S]et with spacing not more than four feet apart[ .]
126.96.36.199] [ B]uried three feet in the ground in concrete not less than 15
inches in diameter[ .]
188.8.131.52] [ S]et with the tops of the posts not less than three feet
above the ground.
8.6.6] NFPA, Standard 58, Section 6.6.3 is amended to add the
following section: 184.108.40.206 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
8.6.7] NFPA, Standard 58, Section 6.6.6 is amended to add the
following: [ (P)] All metallic equipment and components that are buried or
mounded shall have cathodic protection installed to protect the
metal and shall meet the following requirements:
220.127.116.11] [ S]acrificial anodes shall be installed as required by the
size of the container. If more than one sacrificial anode is
required they shall be evenly distributed around the container[ .]
18.104.22.168] [ S]acrificial anodes shall be connected to the container or
piping as recommended by the manufacturer or using accepted
engineering practices[ .]
22.214.171.124] [ S]acrificial anodes shall be placed as near the bottom of the
container as possible and approximately two feet away from the
8.6.8] NFPA, Standard 58, Section [ 126.96.36.199] is added as follows: On dispensing installations,
1000 gallon water capacity or less, where the dispensing cabinet is
located next to the LP Gas container, stainless steel wire braid
hose of more than 36 inches in length may be used on vapor and
liquid return lines only. The hose shall be secured and routed in a
safe and professional manner, marked with the date of installation,
and shall be replaced every five years from that installation
8.6.9] NFPA, Standard 58, Section [ 188.8.131.52], the last sentence of the section is deleted and
rewritten as follows: Existing installations shall comply with this
requirement by March 31, 2011.
8.6.10] NFPA, Standard 58, Section 184.108.40.206(1) is amended as
follows: On line one remove "5ft (1.5m)" and replace it
with "10 ft (3m)".
9.1] Civil penalties for violation of any rule or referenced
code shall be as follows:
9.1.1] [ C]oncern failure to license - $210[ .00] to $900[ .00]
9.1.2] [ P]erson failure to obtain LPG Certificate - $30[ .00] to $90[ .00]
9.1.3] [ F]ailure of concern to obtain LPG Certificate for employees
who dispense LPG - $210[ .00] to $900[ .00]
9.1.4] [ C]oncern doing business under improper class - $140[ .00] to $600[ .00]
9.1.5] [ F]ailure to notify SFM of change of address - $60[ .00]
9.1.6] [ V]iolation of the adopted Statute or Rules - $210[ .00] to $900[ .00]
9.2 Rationale. 9.2.1 Double the fee plus the cost of the
license. 9.2.2 Double the fee plus the cost of the
certificate. 9.2.3 Double the fee plus the cost of the
license. 9.2.4 Double the fee. 9.2.5 Based on two hours of inspection fee at $30.00 per
hour. 9.2.6 Triple the fee.]
KEY: liquefied petroleum gas
Date of Enactment or Last Substantive Amendment: 2016
Notice of Continuation: March 16, 2011
Authorizing, and Implemented or Interpreted Law: 53-7-305
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