MINUTES
OF THE SIXTEENTH MEETING OF THE LIQUEFIED PETROLEUM GAS EDUCATION AND
SAFETY BOARD
WILLIAM ASHBY DEPARTMENT OF COMMUNITY AFFAIRS BUILDING
APRIL 26, 2004
Call
to order
The meeting was called to order at 1:23 P.M. by Chairman William P.
Curcio. The Pledge of Allegiance was then recited.
Board
members present: William P. Curcio (Chairman), Joseph M. Cummings,
Thomas A. Leahy, Gerard C. Stocker, Dianne McCarthy, Gene Dougherty,
William Neill, Larry A. Horowitz
Board
members absent: Paul T. Dansbach, William E. Rieger, Jr. (Vice
Chairman)
Board
member resigned: Kathleen L. John-Alder
Department
staff present: Bureau Chief Richard Osworth, Michael L. Ticktin,
Kristy Paolillo, Michael Baier, Paul Kersavage, Amy Fenwick Frank
Members
of the public present: Tom Niziolek and Frank Washington of Amerigas;
Mike Merrill of Suburban Propane
Agenda
The agenda was approved without objection.
Approval
of minutes
Minutes of the December 16, 2003 meeting were read. Mr. Stocker pointed
out that, according to the summary of public comments in those minutes,
Mr. Harris is reported to have said that his company only made $18,000
in sales revenue last year, but what Mr. Harris probably said, or intended
to say, was that that was the amount of his company’s profits.
Mr. Stocker also stated that Mr. Curcio is quoted, in the second sentence
of the fourth paragraph under “board comments” as having
said that there were “eight or nine industrial users” subject
to jurisdiction under the LPG statute, but what he had actually said
or meant to say was that there were that many non-odorized plants.
With these corrections, the minutes were approved.
Committee Reports:
Propane
Awards Program: Ms. McCarthy reported that the committee would wait
a year before making any further recommendations for awards. Mr. Curcio
said that the NJPGA would like to see awards for fleets using LPG as
an alternative fuel.
CETP Subcommittee:
Mr. Horowitz reported that the committee met and recommended changes
to the CETP program in a draft rule proposal. Mr. Baier then elaborated
by stating that the committee was proposing to require that an employee
only have CTEP training for the job(s) that he or she is performing.
The draft rule would require that new employees complete all applicable
courses within 21 months of the date of hire. Existing employees should
be done by January 1, 2005. Mr. Curcio added that every employee would
have to take the “Basic Principles and Practices” course
in addition to whatever course might relate to his or her specific job(s).
Mr. Neill made a motion to approve the committee’s proposal (seconded
by Mr. Stocker). Motion was approved unanimously. Mr. Curcio asked that
this information be shared with the industry. Mr. Baier said that the
Department would do that after the proposal is signed by the Commissioner.
Mr. Curcio stated that it was the Board’s understanding that bulk
truck drivers should be able to do pressure testing without having to
take course 4.2, but that they should have to be trained to do pressure
testing. Mr. Baier added that verification of training for pressure
testing will only be checked if that is part of the Quality Control
Manual.
Fire Incident
Subcommittee: The committee will be meeting on June 15th at 9:30a.m.
to go over incident data provided by the Division of Fire Safety.
Using Propane
Safely Guide: Mr. Horowitz reported that the booklets are available
at a cost of $19.95 per hundred copies, that DCA was ordering 1,000
copies from NPGA and that they will be distributed by the summer.
Old Business:
UFC Bulletin
- Exchange Cabinets and Other LPG Issues: Mr. Baier stated that enforcement
of exchange cabinets is handled by the Division of Fire Safety. Mr.
Baier reported that the bulletin has been drafted and is awaiting comments
from the Division of Fire Safety. Mr. Curcio asked that staff communicate
with the Division of Fire Safety on this. Mr. Osworth added that the
Bureau of Code Services will be providing training for fire officials
regarding LPG issues in the fall.
Propane
Assessment Program: Mr. Baier reported that approximately $15,000 had
been collected in the 4th quarter and that, although no payments had
been received from Raven/Blue Rhino as yet, he had gotten an inquiry
asking for assistance in filling out the form. Mr. Curcio said that
every company gets a form from the Energy Information Administration
that requires them to provide sales data and that DCA should look at
that information when it is compiled. Mr. Baier responded that the Department
has done this and the numbers are close.
One Call
System--Board of Public Utilities: Mr. Baier reported that he had not
heard anything from the BPU. Mr. Curcio said that NJPGA has not received
any information either.
NJPGA
Link to LPG Web Site: Mr. Baier reported that the NJPGA link to DCA’s
LPG website is in operation.
Publication
of Booklet for LP Gas Act and Regulations: Mr. Baier said that the booklet
was in the process of being printed at the Department of Treasury and
should be ready shortly.
Seminar
on LP Gas Rules: Mr. Curcio said that the seminar would be held on May
11th at 9:30 a.m. and that reservations must be made with the Department.
He also said that all LPG licensees should have been notified by NJPGA.
API Standards:
Mr. Neill reported that API is working with NFPA 58 and that he will
get an update for the next meeting.
Inspections:
Mr. Baier referred to a memorandum presented to the Board listing the
items that would necessitate immediate attention and/or shutdown.
Insurance
Requirements: Mr. Curcio said that there would be no need to discuss
insurance requirements.
Fees –
Non-odorized Facilities: Mr. Baier said that, initially, a $100.00 license
fee would be collected for each non-odorized facility, that he did not
know how long audits of these facilities would take, and that fees would
be based on the actual cost of the audits.
New Business:
Licensing
Procedures – Quality Control Manual: Mr. Baier reported that 47
applications had been received and that there were still 14 outstanding,
of which two were waiting for insurance information, two for contract
information and ten for CETP information. Any company that fails to
submit its application by July 1st will be subject to fines of $500
per day. Mr. Stocker asked how many industrial users applied. Mr. Baier
replied that they were included in the 47. He explained that there are
two different entities: marketers who are delivering gas and R-2 sites.
Paul Kersavage said that there are 101 known R-2 sites (with greater
than 10,000 gallons) and that others are being followed up upon. Mr.
Curcio asked if there would be guidelines for QC manuals. Mr. Baier
said that some small problems that may come up with QC manuals would
be handled during audits and that the first run is intended to be educational.
He also stated that the only problems found thus far have been with
the materials handling section. He noted that, in general, the Quality
Control Manuals are matching up with the rules fairly well.
LP Gas
Checklist Review: Mr. Baier said that checklists for R-1 and R-2 tanks
have been developed, but that only those for R-1 tanks have been presented
to the Board thus far. Mr. Baier had faxed a revised R-2 list to Mr.
Stocker and will distribute it to the Board when it is complete.
Propane
Emergencies—Train the Trainer: Mr. Rieger will be preparing material
to hold another Train the Trainer.
Permit
Revision—Plumbing Subcode: Mr. Baier reported that new forms were
distributed in February and that now only a plumbing subcode permit
is needed for LPG installations subject to the Uniform Construction
Code. Removal of tanks subject to the Uniform Construction Code requires
a demolition permit. Mr. Curcio said that it is important to make sure
that all municipalities use the proper form. Mr. Cummings asked that
all marketers be notified of the change in forms. Mr. Curcio said that
NJPGA will send e-mail notification to them again.
Dispensing
Systems – Training and Concerns: Mr. Baier stated that most systems
have already been reviewed. 50 percent of those systems need to be re-inspected.
Information:
Status
of Rulemaking Activity:
Size of Lettering on Containers, Notice of LP Gas Installation, and
Insurance Requirement: Ms. Frank reported that the adoption notice for
the proposal on size of lettering, etc. would appear in the June 7th
issue of the New Jersey Register, and that there had been no comments
and no one had appeared at the public hearing that is required by statute
to be held.
LP Gas Installation: Ms. Frank also reported that the proposal deleting
the reference to one and two-family homes, and assigning jurisdiction
over tanks based only on size, appeared in the April 19th issue of the
Register.
Protection of Gas Meters; Gas Piping: A proposal concerning protection
of meters, which is more of a natural gas issue than an LPG issue, appeared
in that same issue (April 19th). The New Jersey State League of Municipalities
is trying to get the Board of Public Utilities to take action to require
that gas meters be in locations where they do not pose a safety hazard.
This rule proposal uses DCA’s existing authority to require appropriate
protection from impacts.
Bulletin: Frequently Asked Questions: Ms. Frank reported that the FAQ
Bulletin will be sent out together with the UCC code updates by West
Publishing during the week of April 26th.
Able Energy: Mr. Curcio said that there was nothing to discuss with
regard to this issue.
Board Comments:
Mr. Stocker
commended Mr. Baier on the FAQ Bulletin.
Mr. Curcio
announced that the workshop on NFPA 58 – 2004 would be held on
June 15th after the Fire Incident Committee meeting. He also noted that
the Board has spent a great deal of time simplifying CETP for the benefit
of the industry and that now CETP “should be allowed to run its
course.” He said that CETP compliance will become “second
nature” for licensees in New Jersey, and that it is more complicated
in other states.
Adjournment
The meeting adjourned at 2:15 P.M.
The next meeting is scheduled for June 22, 2004 at 1 p.m.
Michael
L. Ticktin
Board Secretary
MINUTES
OF THE SEVENTEENTH MEETING OF THE LIQUEFIED PETROLEUM GAS EDUCATION
AND SAFETY BOARD
WILLIAM ASHBY DEPARTMENT OF COMMUNITY AFFAIRS BUILDING
JUNE 22, 2004
Call to
order
The meeting was called to order at 1:25 P.M. by Chairman William P.
Curcio. The Pledge of Allegiance was then recited.
Board members
present: William P. Curcio (Chairman), William E. Rieger, Jr. (Vice
Chairman), Joseph M. Cummings, Thomas A. Leahy, Gerard C. Stocker, Gene
Dougherty, William Neill, Larry A. Horowitz
Board members
absent: Paul T. Dansbach, Dianne McCarthy
Board member
resigned: Kathleen L. John-Alder
Department
staff present: Director William M. Connolly, Deputy Director Cynthia
A. Wilk, Bureau Chief Richard Osworth, Michael L. Ticktin, Kristy Paolillo,
Michael Baier, Amy Fenwick Frank
Members
of the public present: Michael Bock, Thomas Bock and Richard Arthur
of Blue Rhino; Bill Goodliffe of ASCO.
Public
Comments:
Richard Arthur, Director of Occupational Skills and Regulatory Compliance
of Blue Rhino Corporation, narrated a slide presentation on exchange
cabinets, a copy of which is appended to these minutes. In response
to a question from Mr. Baier, Mr. Arthur said that Blue Rhino uses some
of the CETP program in its training, but includes other material as
well. He said he would provide documentation of their training program.
In response to another question, he also said that Blue Rhino tests
cylinders on a random basis and does not test all cylinders when they
are returned for refill. In response to a question from Ms. Wilk, Mr.
Arthur said that dealers are instructed to secure all tanks that are
returned. In response to a question from Mr. Neill, Mr. Arthur said
that all new tanks ordered by Blue Rhino are DOT approved and are tested
by the manufacturer.
In the course of his presentation, Mr. Arthur stated that the International
Codes Council, unlike the NFPA, did not conduct its codewriting activities
in an open manner, a statement that was promptly corrected by Director
Connolly, who made it clear that the two organizations follow similar
open processes in accepting and reviewing comments.
Approval
of minutes
Minutes of the April 26, 2004 meeting were read and approved unanimously.
Committee Reports:
CETP Subcommittee:
Mr. Horowitz reported that there were no new developments. Mr. Curcio
stated that the NJPGA will send information on the revised CETP requirements
to the industry. Mr. Baier said that the Department would send information
out after the rule has been proposed. The revised requirements will
not be in effect until the next license cycle.
Fire Incidents:
Mr. Cummings reported on the progress of the subcommittee. Mr. Curcio
stated that there was still a need to decipher the available data. Heather
Puskar of the Division of Fire Safety will be providing assistance in
this matter and should be invited to be a member of the subcommittee.
Using
Propane Safely Guide: Mr. Horowitz reported that the books have been
ordered and that Ms. Paolillo is preparing labels with New Jersey-specific
information.
NFPA 58-2004:
Mr. Curcio said that Section 2.2.1.5, which would prohibit the refill
of an out-of-date container at a home location, should be looked at,
as should a section requiring a fire analysis within three years of
adoption of the code. He stated that the effective date should be three
years from the date of adoption in New Jersey. Similarly, the Department
should consider allowing ten years to implement the requirement for
emergency valves. (This appeared in the 2001 edition and the compliance
deadline is 2011.) Mr. Stocker said that there is no such requirement
for a time analysis now in effect because we are still using the 1998
edition of the standard. Mr. Curcio said that we must look at the appropriate
timeframes for the replacement of tanks, and that further review of
NFPA 58 will be required. Mr. Rieger noted that we never adopted the
changes made in 2001, so it is therefore necessary to review the 2001
changes before any adoption of the 2004 edition. Mr. Curcio replied
that we would look at both 2001 and 2004 changes. Mr. Neill said that
there is a need to contact NFPA to find out why current API standards
are not referenced. The standard that should be adopted is 2510-2001.
Mr. Curcio said that it would be referenced when a new edition of NFPA
58 is adopted.
Mr. Baier said that the seminar on NFPA 58 would be held on the 21st
of September.
Old Business:
UFC Bulletin
– Exchange Cabinets and Other LPG Issues: Mr. Connolly said that
Blue Rhino must put their concerns in writing and succinctly communicate
any changes they would like made.
Mr. Curcio said that Blue Rhino's experience with impacts on exchange
cabinets only shows that it has been lucky so far. He said that a letter
should be sent to Mr. Arthur to ask that he submit any requests for
changes to the rules in writing and that he provide clarification as
to whether Blue Rhino takes responsibility for training store employees
who are involved in handling the canisters.
Mr. Stocker said that 5:18 and 5:70 are in harmony, and that the 20-foot
distance required for separating an exchange cabinet from a building
is based on the Uniform Fire Code.
Mr. Curcio said that NFPA 58 establishes a minimum standard only and
that it is the responsibility of the Board to recommend rules that will
make New Jersey safe. Mr. Connolly said that we need to see the NFPA
study and any information allegedly debunking it.
Mr. Cummings said that the volume of LPG stored at Home Depot and similar
stores is a problem. Mr. Stocker said that the biggest problem is where
people leave cylinders. Mr. Rieger said that a major problem is that
there are often more propane cylinders than the exchange cabinet can
hold. Mr. Curcio said that a reason for this is that distributors often
fail to show up on time, and cylinders are therefore left outside the
cabinet.
Amy Frank reported that the UFC Bulletin was approved by the Fire Codes
Council on June 16th and will be in production as of July 1.
Propane
Assessment Program: Mr. Baier reported that Mr. Bock of Blue Rhino had
said that they would have their assessment paid by July 1st. Mr. Stocker
asked if the Department is looking into assessment of non-odorized propane.
Mr. Baier said that owners of non-odorized propane would pay an inspection
fee, but an audit would be needed before an appropriate fee can be set.
License applications have already been received from non-odorized propane
companies.
One-Call
System--Board of Public Utilities: Mr. Curcio said that the BPU's request
for proposals (RFP) is being changed to be consistent with the statute.
The new RFP responds to the NJPGA's concerns, in that excavation tickets
will now have to be street-specific. NJPGA appreciates the support it
has had from DCA in persuading BPU to change its position. This item
should be removed from the agenda.
Publication
of Booklet for LP Gas Act and Regulations: The booklet has been printed.
Mr. Curcio noted that it should be dated for future revisions.
Seminar
on LP Gas Rules: Mr. Curcio said that 40 people were in attendance at
the seminar and he considered it to have been well-attended. He thanked
DCA for its efforts. Mr. Baier said that there would be another seminar
in the fall.
Propane
Emergencies--Train the Trainer: Mr. Curcio said that he would like to
see further projects of this nature. He noted that Sussex County Community
College had taken over the county fire school and suggested that the
Department seek to obtain funding from PERC for such programs. Ms. Wilk
suggested that a “train the trainer” program be held.
LPG Checklist
for R-2 Inspections: Mr. Curcio stated that he had looked over the checklist
and had no comments. Mr. Baier said that he had reviewed Mr. Stocker's
comments and had no problem with them. Mr. Stocker’s changes are
to be made and the checklist is to be issued.
New Business:
Development
of Homeland Security Committee: Mr. Connolly reported on a meeting held
that morning. He stated that the State government has identified 24
categories of infrastructure requiring protection, one of which is LPG
facilities. DCA has been charged with establishing "best practices"
for security for LPG facilities. NPGA already has developed such practices,
on which the Department will base theirs. The best practices document
will be formally adopted and monitored by the DCA.
Information:
Status
of rulemaking: Ms. Frank reported that the adoption notice for the proposal
on size of lettering, notice of LP Gas installations, and the insurance
requirement had appeared in the June 7th issue of the New Jersey Register.
Board and Department Comments:
Mr. Curcio
said that the Board would continue to work as one committee in its review
of NFPA 58. Mr. Baier noted that Suburban Propane is franchising out
its small cylinder delivery and that there is a question as to whether
the delivery people should be licensed and, if so, what type of license
they would need to have. Mr. Curcio assigned this issue to the CETP/Licensing
committee.
Mr. Neill asked when the meeting on NFPA 58 would be held. Mr. Curcio
said it would be held before the October 19 meeting of the Board. He
also said that he wanted Ted Lemhoff of NFPA to go over the changes
with the Board prior to the seminar that will be held in September.
Mr. Connolly said there would be no problem doing that.
Mr. Connolly said that there would be a meeting the following week with
the Chemical Industry Council over the issue of licensing and training
for people who deliver multiple products. Mr. Curcio said that they
should be required to be licensed. Mr. Baier said that there had been
a problem because four levels of CETP would have been required but now,
with the proposed new rule, this has been resolved. Mr. Stocker said
that he wants to see a specific requirement that exchange cabinet employees
be trained.
Adjournment
The meeting adjourned at 2:00 P.M.
The next meeting is scheduled for October 19th.
Michael
L. Ticktin
Board Secretary
MINUTES OF THE EIGHTEENTH MEETING OF THE LIQUEFIED PETROLEUM
GAS EDUCATION AND SAFETY BOARD
WILLIAM ASHBY DEPARTMENT OF COMMUNITY AFFAIRS BUILDING
OCTOBER 19, 2004
Call to
order
The meeting was called to order at 1:06 P.M. by Chairman William P.
Curcio. The Pledge of Allegiance was then recited.
Board members
present: William P. Curcio (Chairman); Joseph M. Cummings; Thomas A.
Leahy; Gerard C. Stocker; Dianne McCarthy; Gene Dougherty; Larry A.
Horowitz.
Board members
absent: Paul T. Dansbach; William Neill; William E. Rieger, Jr. (Vice
Chairman).
Board member
resigned: Kathleen L. John-Alder
Department
staff present: William M. Connolly, Director; Cynthia A. Wilk, Deputy
Director; Richard Osworth, Bureau Chief, Michael L. Ticktin; Kristy
Paolillo; Michael Baier; Amy Fenwick Frank; John Tomasone; Sue Soffel.
Members
of the public present: Mike Merrill of Suburban Propane.
Agenda:
The agenda was approved without objection.
Public
comments: None
Approval
of minutes: Minutes of the June 22, 2004 meeting were approved without
objection.
Committee Reports:
Licensing
and Training (formerly CETP): The proposed amendments to the training
requirements have been submitted to the Office of Administrative Law
for publication in the New Jersey Register (December 6). Mr. Horowitz
reported that CETP training will be offered during the winter, beginning
December 7 and 8. The cost of the training has doubled to almost $80,000.
LPG Incident
and Analysis (formerly Fire Incident): Mr. Curcio stated that the committee
asked Heather Puskar of the Division of Fire Safety to participate on
the committee and she agreed to do so. Ms. Puskar will assist in gathering
data statewide, and the committee will go to PERC for national reporting
data. Mr. Curcio said that money may be available from PERC for research
by the Bureau of Code Services and the Division of Fire Safety. Mr.
Stocker said that any applications for funding that would be submitted
now would be for 2006. Mr. Connolly said that information should be
available through NFIRS. If the information cannot be found, then the
committee should work with PERC. Mr. Curcio said that he would find
out who at PERC would be handling this matter, and noted that PERC is
interested in identifying LPG incidents.
Awards: Ms. McCarthy said that notices would go out in January regarding
nominations. She further said that there is a need to consider additional
categories, such as homeland security, and that suggestions should be
sent to Ms. Paolillo. Mr. Curcio said that the NJPGA would like to see
awards for fleets using LPG.
Public
Education: Mr. Horowitz reported that the Using Propane Safely guides
were being distributed. The guides were given to NPGA for distribution,
and the Division of Fire Safety also took a box to give to schools,
etc. Mr. Connolly stated that the customers should be the target audience.
Mr. Curcio recommended also giving them to municipal building departments
where consumers obtain their permits. There was some discussion of the
best means to get the pamphlets, and other safety information, into
the hands of homeowners. Mr. Connolly asked that the committee come
up with a distribution plan.
NFPA-
58-2004: Mr. Baier reported that the committee had met with Ted Lemoff
of NFPA on September 22nd in order to review the changes to the standard.
The committee is proposing to coordinate N.J.A.C. 5:18 with both the
Uniform Fire Code and the Uniform Construction Code, with all phase-ins
backed up by four years. He reviewed the draft rule proposal which includes
the following: DOT cylinders are required to meet re-qualification requirements
by January 1, 2009; the requirement for truck parking has been retained
(which is significant for homeland security reasons); nothing in the
API standard appeared to be inappropriate; there are informational references
in the standard to API 2510, but the dates in N.J.A.C. 5:18 would need
to be changed.
Mr. Curcio asked if there were any concerns on re-qualification. Mr.
Leahy said that he foresaw difficulty in implementing these requirements.
Mr. Curcio asked if information could be obtained from other states,
and Mr. Baier said yes, he could call. Mr. Merrill said that Maine and
Florida already have programs. Mr. Curcio said that Federal law requires
DOT cylinders to be tested 12 years after the date of manufacture, and
thereafter every five years, but now DOT is saying that applies only
if they are out of date or on the road. He further stated that it may
well take more than four years to get to all of the tanks that are out
there. Mr. Connolly said that it should be possible to do them on a
cyclical basis. Mr. Dougherty suggested identifying tanks by manufacturer
and age in order to determine which types of tanks have higher failure
rates.
Mr. Curcio recommended that, where appropriate, requirements could be
eliminated from NFPA-58 and included in the quality control manual instead,
and that this matter be reviewed and that specific recommendations be
sent to Mike Baier for discussion at the December meeting. Any rule
adoption would be done in the spring.
Mr. Connolly asked about the composition of the NFPA committee. Mr.
Curcio said that there were a lot of fire people and insurance people.
Mr. Connolly noted that different groups affect the content of the standards
that are adopted. Mr. Merrill said the 1998 was the first time that
DOT cylinders were included in inspections, that re-qualification was
required in 2001, and that NFPA-58-2004 provided a methodology for inspections.
Mr. Stocker noted that the NFPA-58 requirement had not been finalized.
Mr. Leahy recommended waiting until 2007 to implement NFPA-58. Mr. Merrill
said that Maine had a ten-year phase-in, while Florida had a seven-year
phase-in. Mr. Stocker said that he does not see any problem with 420-gallon
tanks going back. Mr. Baier said that checking of tanks should be included
in the quality control manual. Mr. Curcio said that is most important
is how tanks are installed. Mr. Connolly questioned whether there was
sufficient data to support the 12-year and five-year re-qualification
requirements and said that we should research the NFPA process in this
regard. If not, the quality control approach should remain in place.
It was decided that the Board would vote on the proposal to adopt NFPA
58-2004 at the December meeting. Comments should be e-mailed to Mike
Baier.
Old Business:
Triennial
Audits of Bulk Facilities (Schedule and Report): Mr. Baier introduced
John Tomasone, who has replaced Paul Kersavage. Mr. Baier said that
one bulk plant and two industrial plants will have been audited by the
end of this year, leaving 66 bulk plants and 60 industrial plants remaining
to be audited over the course of three years. He described the audits
as a "friendly process" and said that we will standardize
manuals as we get more information. Mr. Curcio suggested that the industrial
plants be inspected in winter, since it would be better not to go to
the bulk dealers during their busy season. Mr. Baier said that, in the
winter, it is best to do operational audits because the plant is more
active, and someone familiar with the plant should be there. It was
discussed whether audits should be pre-announced. Mr. Leahy said that,
if the audit is pre-announced, it will be possible for everything to
be observed. Mr. Osworth said that there must be someone knowledgeable
there all the time.
Fees for
Non-odorized Facilities: Mr. Baier said that a fee schedule will be
ready by April, since there should be enough audits by then to provide
a basis for fees.
Propane
Emergencies--Train the Trainer: Ms. Wilk said that she has spoken with
the Division of Fire Safety about having "train-the-trainer"
programs at the various fire academies. There is a need to get non-fire
service people to attend. This matter should be discussed with the Division
of Fire Safety at a training committee meeting.
New Business:
Pamphlets
Encouraging Installation and Service of LPG Appliances and Other Equipment
by the Consumer: Mr. Curcio said that he would write a letter on this
subject to the NPGA, with a copy to the Board. The merchants distributing
these pamphlets should at least make reference to the qualifications
needed for persons who would perform the tests.
Dispensing
Systems--Training and Concerns (Indoor Storage of Cylinders): Mr. Baier
related an incident in which a deputy fire chief in New Brunswick had
been killed in a fire resulting from indoor storage of a propane cylinder.
Mr. Connolly added that there was an incident the month before in Hackensack
where an explosion was caused by a cylinder stored indoors. Mr. Connolly
said that the Department had drafted a rule that would require warning
labels to be applied to cylinders when filled. Mr. Stocker asked why
this requirement was not under the appropriate section for container
markings. Mike Baier said that a cross reference could be added. Mr.
Leahy endorsed the idea of requiring LPG safety education in schools
during Fire Prevention Week programs. He also said that manufacturers
should be required to provide the necessary information. Mr. Curcio
said that there was a need for continuous education at the point of
fill or cylinder exchange. Mr. Connolly said that we must think of other
ways to make sure that consumers understand how important it is that
they not store cylinders indoors. Ms. McCarthy inquired as to the practicality
of getting people to sign a form saying that they will not store cylinders
inside a building. Mr. Curcio replied that this would be very hard to
do.
Licensing
Procedures (Operating Without a License): Mr. Baier asked for assistance
in getting information about unlicensed operators. In order to take
action, the Bureau would need the addresses of properties being serviced,
or enough information to find them. Mr. Osworth said that a list of
licensees would be put on the Division's website. Mr. Baier said that
three companies have applied but have not been licensed and have been
given penalties for illegal operation. Mr. Curcio said that the list
that the Bureau has now is complete.
Information:
UFC Bulletin--Exchange
Cabinets and Other LPG Issues: The bulletin has been issued. Mr. Connolly
asked the Board to review and discuss any issues regarding the UFC Bulletin
that may be of concern. Mr. Baier noted that no changes had been made
from when the Board last reviewed it.
LPG Checklist
(R-2 Inspections): Mr. Baier said that the list has been revised to
incorporate Mr. Stocker's comments.
Homeland
Security Best Management Practices: Mr. Baier said that a draft document
would be reviewed at a meeting to be held on November 16th.
Training
for Fire Officials: Messers Baier and Osworth said that the a representative
of the Bureau of Code Services would discuss LPG safety at the Division
of Fire Safety's November 5th retreat.
Board Comments:
Mr. Connolly said that the decision in the One-Call matter was favorable
to the propane industry.
Adjournment
The meeting adjourned at 2:50 P.M.
Next meeting is scheduled for December 14th .
Michael L. Ticktin
Board Secretary
MINUTES
OF THE NINETEENTH MEETING OF THE LIQUEFIED PETROLEUM GAS EDUCATION AND
SAFETY BOARD
WILLIAM ASHBY DEPARTMENT OF COMMUNITY AFFAIRS BUILDING
DECEMBER 14, 2004
Call to
order: The meeting was called to order at 1:26 P.M. by Chairman William
P. Curcio. The Pledge of Allegiance was then recited.
Board members
present: William P. Curcio (Chairman), Joseph M. Cummings, Thomas A.
Leahy, Gerard C. Stocker, Dianne McCarthy, Larry A. Horowitz, William
Neill
Board members
absent: Paul T. Dansbach, Gene Dougherty, William E. Rieger, Jr. (Vice
Chairman)
Board member
resigned: Kathleen L. John-Alder
Department
staff present: Director William M. Connolly, Bureau Chief Richard Osworth,
Michael L. Ticktin, Kristy Paolillo, Michael Baier, Amy Fenwick Frank,
John Tomasone, Sue Soffel
Members
of the public present: Mike Merrill of Suburban Propane
Agenda:
The agenda was approved without objection. Mr. Curcio added Home Improvement
Contractor’s License to Old Business.
Public
comments: None
Approval
of minutes: Minutes of the October 17, 2004 meeting were approved without
objection.
Committee Reports:
Licensing
and Training (formerly CETP): Mr. Horowitz reported that the CETP training
program was in order and that the proposal had been published and was
included in the meeting packets. Mr. Curcio asked about the start date
for the 21 month calendar. Mr. Baier replied that the date was May 19,
2003.
LPG Incident
and Analysis (formerly Fire Analysis): Mr. Cummings said that the committee
did not meet. Mr. Baier said that he had contacted PERC and had learned
that they are doing a website and newspaper analysis. (This is a one
year project that will cover only major incidents.) He further stated
that, at this time, there are no plans to modify NFIRS with regard to
LPG incident reporting and that Deputy Director Cynthia Wilk had advised
that there might be problems if there were any attempt to revise NFIRS.
Heather Puskar will find out whether there is any leeway to change NFIRS.
Mr. Baier was told by PERC that New York PGA is starting a reporting
program. He will reach out to them.
Awards:
Ms. McCarthy reported that the committee recommended two new categories
for awards: use of propane for fleet vehicles and counter-terrorism
measures. Ms. Paolillo will send an e-mail regarding these categories
to LPG Board members. Mr. Curcio said that the awards should be coordinated
with the PGA meeting at the Trenton Marriott in April. Mr. Neill said
that we should be very careful not to divulge details about what companies
are doing to guard against terrorism. Ms. McCarthy agreed.
Public
Education: Mr. Baier reported that the committee had not met. Mr. Horowitz
suggested distribution of information through local building departments.
Mr. Baier said that the Department could get the information to the
local building departments through the Construction Code Communicator.
Ms. Frank said that the Division of Fire Safety has also been asked
to distribute the information to local fire departments and that all
materials being distributed would be shared with the LPG Board.
Mr. Osworth stated that he had made a presentation about LPG safety
at the Division of Fire Safety's retreat and would make this presentation
at three more sessions with fire officials around the State.
Old Business:
Updating
of API Standards/Adoption of NFPA 58-2004: Mr. Neill expressed his support
for the addition of the latest API standards to N.J.A.C. 5:18. Mr. Baier
reported that he had received three comments from Mr. Stocker, as follows:
that the date of NFPA-58 in N.J.A.C. 5:18 should be changed; that the
reference to retroactive standards should be deleted; and that the issue
of periodic testing of DOT cylinders in stationary service should be
resolved. Mr. Horowitz said that it would not be possible to meet the
five-year schedule. Mr. Leahy asked for clarification of the four-year
phase-in provision. Mr. Baier said that, in effect, we have four years
to recheck cylinders that are out of date. He also said that, if the
twelve-year requirement is adopted, it could be included in the QC manual.
Mr. Cummings said that he has never seen a DOT tank fail. Mr. Baier
said that the test of a DOT tank in stationary service would require
tipping the tank to inspect the footing, necessitating having two workers
for the job. Mr. Curcio said that NPGA has asked DOT about the re-qualification
of tanks on-site but that DOT has not taken a position on the subject
since it has no jurisdiction when the tanks are not on the road. He
also said that the CGI-C6 pamphlet prescribes inspection requirements.
Mr. Osworth asked how old most DOT tanks are. Mr. Leahy said that most
are over twelve years old. Mr. Curcio said that there is no statistical
evidence of the failure of DOT tanks and that, in his 26 years of experience,
there has only one instance in which a tank rusted out so as to have
a pinhead leak. Mr. Leahy said that tanks that are being transported
are at greater risk and the five-year requirement should only apply
to those tanks. The problem with the NFPA standard is the requirement
for five-year retesting. Mr. Stocker said he opposed any variation from
the national standard and that the issue is currently under discussion
at NFPA. Mr. Curcio recommended a twelve-year initial cycle, followed
by reinspection every ten years. Mr. Connolly said that, in the absence
of information supporting the use of a different number, national standards
should be used. To do otherwise creates a liability issue. Mr. Horowitz
said that a tank that passes a hydrostatic test is good for twelve years.
Mr. Neill said that a hydrostatic test does not forecast how a tank
will do over time. Messers Baier and Stocker agreed that NFPA allows
compliance with DOT requirements as an alternative allowing a tank to
be placed in service for twelve years without inspection following a
hydrostatic test. Mr. Curcio said that the new edition of NFPA-58 will
be issued in 2007. Mr. Leahy reiterated that it would not be possible
to comply with a five-year reinspection schedule. Mr Horowitz moved,
with Mr. Stocker seconding, that the LPG Board recommend that DCA propose
the changes to NFPA-58 and the 2004 edition that were included in the
meeting packet. Mr. Stocker said that there should not be any express
reference to API-2510A in N.J.A.C. 5:18. Rather, it will be picked up
as a referenced standard of API 2510 and its applicability limited accordingly.
Motion passed.
Fees for
Non-odorized Facilities: No action taken.
Propane
Emergencies--Train the Trainer: No action taken.
Concerns
Over Pamphlets Encouraging Installation and Service of
LPG Appliances and Other Equipment by the Consumer: Mr. Curcio said
he was awaiting information on this topic from NPGA.
Dispensing
Systems--Training and Concerns (Storage of Cylinders Indoors):
Ms. Frank stated that it would be necessary to amend N.J.A.C. 5:18 and
5:70 to require warning labels on refillable tanks with regard to the
prohibition on indoor storage. Mr. Cummings moved to recommend such
a rule amendment. (approved unanimously). Mr. Connolly suggested that
the warning labels be required to be in both English and Spanish.
In response to a question from Mr. Cummings regarding the size of the
cylinder to which this would apply, Mr. Horowitz stated that it should
be 4 – 40 lb refillable cylinders only.
Licensing
Procedures (Unlicensed Operation): Mr. Baier reported that all but four
companies required to be licensed had been licensed.
Contractors'
Registration Act: Mr. Connolly stated that LPG installation is not within
the scope of the Contractors' Registration Act. Mr. Ticktin stated that
the exclusion for persons with other State licensing or registration
would apply. Mr. Connolly further advised that the law is likely to
be changed before it takes effect at the end of 2005.
New Business:
Mr. Curcio announced that the dates for LPG Board meetings in 2005 would
be March 15th, May 17th, October 18th, and December 20th.
Information:
Training
for Employees: As noted in the agenda, the rule proposal was in the
December 6, 2004 issue of the New Jersey Register.
Homeland
Security Best Management Practices: Ms. Paolillo stated that DCA staff
had reviewed Mr. Merrill's comments and was preparing amendments accordingly.
Board Comments: None
Adjournment
The meeting adjourned at 3:57 P.M.
Next meeting is scheduled for March 15, 2005.
Michael
L. Ticktin
Board Secretary
