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MINUTES
OF THE TWENTIETH MEETING OF THE LIQUEFIED PETROLEUM GAS EDUCATION AND
SAFETY BOARD
WILLIAM ASHBY DEPARTMENT OF COMMUNITY AFFAIRS BUILDING
MARCH 15, 2005
Call to order:
The meeting was called to order at 1:30 P.M. by Chairman William P. Curcio.
The Pledge of Allegiance was then recited.
Board members
present: William P. Curcio (Chairman), Gerard C. Stocker, Larry A. Horowitz,
William Neill, Gene Dougherty
Board members
absent: Paul T. Dansbach, William E. Rieger, Jr. (Vice Chairman), Dianne
McCarthy, Joseph M. Cummings, Thomas A. Leahy
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, Amy Fenwick Frank,
Kristy Paolillo, Michael Baier, Sue Soffel, John Tomasone, Glenn Smyth,
E. J. Miranda
Members of
the public present: Mike Merrill of Suburban Propane; Jessica Seda of
the New Jersey Herald
Agenda: The
agenda was approved without objection.
Public comments:
None
Approval
of minutes: Minutes of the December 14, 2004 meeting were approved without
objection after two corrections, on motion of Mr. Stocker: (1) to insert
“NJ” before “PGA” in the discussion of the awards;
and (2) to exclude any reference to API -620, as well as to API-2510A,
in N.J.A.C. 5:18.
Committee Reports:
Licensing
and Training (formerly CETP): Mr. Baier reported that no comments were
received regarding the CETP rule proposal.
LPG Incident
and Analysis (formerly Fire Analysis): Mr. Baier reported that the committee
had not yet gotten any feedback on proposed modifications to the NFIRS
system from the national committee. He said that a lot of the information
on accidents that is available on the internet. The committee will be
correlating national accident data from the internet in order to identify
any trends.
Awards:
Ms. Paolillo reported, on behalf of Ms. McCarthy, who was unable to attend
the meeting, that application forms had been sent to the NJPGA and all
LPG licensees, but that none had yet been received back. The awards ceremony
is planned for the May 17th Board meeting. Mr. Neill asked that, in the
future, any request for comments have a reply date indicated; he had sent
in his comments, only to learn that they were submitted too late.
Public Education:
Mr. Baier reported that an article telling code officials that the LPG
consumer information pamphlet is available will appear in the Construction
Code Communicator. Mr. Curcio asked if UCC training programs are open
to anyone. Mr. Osworth said that they were, but a fee would be charged
to persons other than code officials. Mr. Curcio said that LPG marketers
would be interested in training in the International Fuel Gas Code. Mr.
Osworth said that special presentations could be made to any interested
group. Mr. Curcio said that a person from his company who had attended
such a program found it to be very helpful.
Old Business:
Update of
NFPA 58-2004: Mr. Baier reported that internal housekeeping had been done
and the proposal would be moved to the New Jersey Register for adoption
by late summer or the fall. He noted that it is being combined with the
cylinder label requirement.
Propane Emergencies--Train the Trainer: Ms. Wilk reported that a meeting
was being held with the Division of Fire Safety to discuss scheduling
programs at fire academies. Mr. Curcio said that 130 people had been at
a program for fire service people, and that those people wanted more information
on training.
Emergency
Response Team Program: Mr. Curcio said the major concern was that people
should know whom to call. He asked if there should be a network for emergency
calls, and said that the fire service should know what propane company
to call in an emergency. Ms. Wilk said that county or local hazmat teams
would respond, too. Mr. Curcio said that New York State has set up an
emergency network. Ms. Wilk said that DCA would find out what protocols
may exist.
Dispensing
Systems--Training and Concerns: Mr. Baier stated that the situation is
better this year than in the past, with fewer violations being cited.
Licensing
Procedures (Unlicensed Operation): Mr. Baier reported that, of the four
companies still unlicensed as of the last meeting, one had been licensed,
one was not verifiable and two were still open cases. Mr. Curcio asked
if any out-of-state audits had been performed as yet. Mr. Baier said that
they had not been. Mr. Curcio said that we should audit at least one out-of-state
company, if only as a matter of fairness. Mr. Baier said that about five
of the 47 licensees are out-of-state. He noted that the Department has
no jurisdiction over the facilities themselves, but would look at the
marketers’ training and operating procedures.
Contractors'
Registration Act: Mr. Curcio asked if there had been any confirmation
from Consumer Affairs that LPG dealers are not covered by the Contractors'
Registration Act. Mr. Connolly stated that we are confident that they
are not included and that LPG dealers may be told that they are not required
to register with Consumer Affairs.
Cylinder Labels: Mr. Baier said that the rule proposal is still under
review in the Department and that Mike Merrill had submitted a letter
expressing concerns. Mr. Curcio stated that there are exceptions in NFPA-58
to the prohibition on indoor use of propane, and asked if they would be
referenced, and if inspectors would be duly informed of them. Mr. Baier
said that they could be included in the training given to the fire service,
but cautioned against including too much wording on labels. Mr. Merrill
suggested that the words "except as allowed in NFPA-58" could
be included in a smaller font on the stickers. Mr. Connolly said that
the problem is that there is no enforcement where we need to correct the
problem, and that the label doesn't mean that the exceptions do not apply.
He further stated that the problem involves end customers who do not know
what they are doing. Mr. Curcio said that enforcement is what matters.
Mr. Merrill said that USDOT, which has jurisdiction over markings, allows
the markings of the Compressed Gas Association, and that UN1072 and the
diamond symbol are required. Whatever we do, he said, must be consistent
with USDOT marking requirements. Mr. Curcio said that it would be all
right to add a sticker upon transfer to consumers. Mr. Connolly said that
an additional sticker could not possibly be a problem. Mr. Merrill asked
if we could use the space on the right side of the USDOT sticker in which
additional language was allowed. Mr. Connolly said that we could do so.
Mr. Curcio asked if this would be included in the rule proposal. Mr. Baier
replied that it would be.
Training:
Mr. Curcio said that a training program would take place on April 20th.
Best Practices--Security
Program: Ms. Paolillo reported that comments had been requested, but none
had been received as yet. Any comments received would be submitted to
the Homeland Security Task Force. Mr. Curcio asked that there be a meeting
to discuss this issue and that LPG licensees be given a last opportunity
to offer comments.
New Business:
Franklin
Borough Incident: Mr. Baier reported that, in this incident, the driver
caused a leak by driving off without disconnecting. The trailer was destroyed.
The cause was driver forgetfulness. The driver did not have CETP certification,
though he had received training. Mr. Curcio said that failure to comply
with CETP was a violation that must be punished.
Requirement
of Registered Agent and Office in New Jersey: A draft rule proposal to
require every licensee to have an agent and office in New Jersey for purposes
of service of notices and orders was circulated for review and future
comment.
Board Comments:
None
Adjournment
The meeting adjourned at 2:35 P.M.
Next meeting is scheduled for May 17, 2005.
Michael L.
Ticktin
Board Secretary
MINUTES
OF THE TWENTY-FIRST MEETING OF THE LIQUEFIED PETROLEUM GAS EDUCATION AND
SAFETY BOARD
WILLIAM ASHBY DEPARTMENT OF COMMUNITY AFFAIRS BUILDING
MAY 17, 2005
Call to order:
The meeting was called to order at 1:40 P.M. by Chairman William P. Curcio.
The Pledge of Allegiance was then recited.
Board members
present: William P. Curcio (Chairman), Gerard C. Stocker, Larry A. Horowitz,
Gene Dougherty, Dianne McCarthy, Joseph M. Cummings, Thomas A. Leahy
Board members
absent: William Neill, Paul T. Dansbach, William E. Rieger, Jr. (Vice
Chairman)
Board member
resigned: Kathleen L. John-Alder
Department
staff present: Deputy Director Cynthia A. Wilk, Amy Fenwick Frank, Michael
Baier, Sue Soffel, Glenn Smyth
Members of
the public present: Mike Merrill of Suburban Propane, Joe Mercurio of
Star Gas Service, Patrick Caulfield of Aeropres Corp. and Michael Miller
of Somerset County (Note: All except Mr. Merrill left following the presentation
of awards.)
Agenda: The
Chairman asked that the Board’s indulgence to change the order of
business slightly to present the awards first, followed by discussion
of the draft consumer bill of rights. The Chairman also asked that the
agenda item “Emergency Response Team Program” be included
under the “Propane Emergencies – Train the Trainer”
discussion and deleted as a separate agenda item. And he asked that discussion
of “5:18 Training” be included under “Licensing and
Training” in the future, rather than listing it as a separate agenda
item. The agenda was approved without objection.
Public comments:
None
Approval
of minutes: Mr. Stocker made a motion, which was seconded by Mr. Leahy,
to approve the minutes of the March 15, 2005 meeting as written. All were
in favor.
Presentation of Annual Propane Safety Awards: Dianne McCarthy, Chair of
the Awards Committee and Chairman Curcio presented the awards to this
year’s recipients: Aeropres Corp., Eastern Propane and Deacon Homes
(not represented). A press release is being issued by the Department.
Chairman Curcio asked that the release include industry publications.
Committee
Reports:
Licensing
and Training (formerly CETP): No meeting of this committee had been held
and there was no report.
LPG Incident
and Analysis (formerly Fire Analysis): No meeting of this committee had
been held. Mr. Baier reported that he has been reviewing newspaper articles
and items on the internet regarding incidents involving propane. Ninety
percent of the reported incidents from 2005 involve leaks. He is assembling
information for the committee’s review.
Awards:
The annual awards were presented at the beginning of the meeting. (See
above.)
Public Education:
No meeting of this committee had been held. Mr. Baier reported that the
article was done telling code officials that the LPG consumer information
pamphlet is available.
Old Business:
Propane
Emergencies--Train the Trainer: Ms. Wilk reported that a meeting was held
with Mr. Rieger and staff from the Division of Fire Safety. She said that
Bill Kramer, Deputy Director of the Division of Fire Safety is reaching
out to the fire academies to ask them to offer this train the trainer
program. Ms. Wilk also reported that the State Emergency Response committee
is interested in including this training as part of the hazardous materials
training for emergency responders. She has also spoken to Larry Petrillo,
Director of the Division of Fire Safety, and Major John Hunt, the officer
in charge of emergency management for the New Jersey State Police. He
is collecting information on the procedures employed in different counties
for LP gas emergencies.
(Home Improvement)
Contractors' Registration Act: The question of whether licensed LPG marketers
are required to register with the Division of Consumer Affairs has been
resolved with staff of the Division of Consumer Affairs. A memorandum
is being sent to all construction officials informing them that LPG marketers
and other businesses already licensed by the State are not also required
to register under the Contractors' Registration Act.
Best Practices--Security
Program: Ms. Wilk reported that the document has been sent to the Domestic
Security Preparedness Task Force. The next step is acceptance of the Best
Practices by the Task Force. Mr. Curcio expressed concern with being asked
to follow protocols that are not realistic and indicated that he had wanted
to have another committee meeting. Ms. Wilk pointed out that the protocols
are not mandatory and that this is not an item for Board action at this
time. She said that copies of the document could be sent to the committee
again.
Requirement
for Office/Agent in New Jersey: A motion was made by Mr. Stocker and seconded
by Mr. Horowitz to recommend approval of this draft rule proposal. The
vote was unanimous.
New Business:
Consumer
Bill of Rights: The draft consumer bill of rights was presented by the
special committee for the Board’s consideration. During the Board’s
discussion of the draft, the following changes were agreed upon:
1. There was some discussion of the removal of one marketer’s tank
by another marketer. (This was the first bulleted point under the heading
“If you change marketers, you have the right to…”) Mr.
Dougherty said that he found the added parenthetical note in this paragraph
confusing. Mr. Leahy asked that the fact that the new marketer cannot
fill the tank be retained as a separate item. Mr. Curcio questioned distinguishing
between commercial and residential installations. It was pointed out that
the rules give a specific exception for installations at one- and two-family
dwellings. Ms. McCarthy stated that, because this bill of rights is intended
for residential consumers, it is worth saying more about one- and two-family
installations. Mr. Baier added that most of the complaints are about the
removal of tanks. It was agreed that this section would be clarified by
retaining the opening sentence and putting the information about what
the new marketer may or may not do with tanks belonging to another marketer
in a separate subparagraph. The separate subparagraph is to begin with
a sentence regarding what is allowed at one- and two-family properties
(the second of the two sentences that had been in parentheses in the draft),
followed by a sentence on the prohibitions that apply at other properties.
2. The toll free number is to be added in the blank on page 2 as soon
as it is available.
3. Ms. McCarthy suggested that the sentence on rates and policies at the
middle of the second page of the draft be moved to precede “It is
recommended that customers in search of an LP-gas marketer ask the following…”
4. At Mr. Leahy’s suggestion, a bulleted point was added to the
end of “Safety Recommendations…” directing customers
to notify the marketer prior to the installation of air conditioning units
or prior to making modifications to the home within ten feet of the LP-gas
container.
5. At Mr. Merrill’s suggestion, “or call your marketer”
was added to the bulleted point on where to check for additional safety
information.
6. In response to the concern, expressed by Mr. Leahy, over the use of
a cell phone, or any phone, if there is a gas leak, a warning about the
use of a telephone or cell phone was added to item 1. under “What
to do if you smell gas…”
7. At Mr. Stocker’s suggestion, “if possible” was added
to item 2., suggesting that the customer turn off the gas, under “What
to do if you smell gas…”
8. Also at Mr. Stocker’s suggestion, item 3. under “What to
do if you smell gas…” was changed from “notify your
marketer” to “Call 911 from a neighbor’s phone.”
The mention of use of a cell phone was deleted.
9. At Mr. Stocker’s suggestion, “your marketer” was
replaced by “emergency responder” in item 4. under “What
to do if you smell gas…”
A motion was made by Mr. Stocker and seconded by Mr. Leahy to recommend
approval of this draft with the changes described above. Ms. Wilk stated
that the changes would be made right away and the revised version would
be sent to the Board. Mr. Curcio said that he would be coordinating the
meeting with Assemblyman Van Drew to discuss the draft consumer bill of
rights.
Information:
Status of Rulemaking Activity
a. Update of NFPA 58-2004 and Cylinder Labels – Mr. Baier reported
that these proposed amendments had been sent to the Commissioner for her
approval. Mr. Curcio asked that the Board be notified when this proposal
will appear in the New Jersey Register and that the Board be sent a copy
of the proposal as it appears in the Register. Mr. Baier noted that there
would be a 60 day public comment period and a hearing.
b. CETP Training
– Mr. Baier announced that the Notice of Adoption of this rule would
appear in the June 6 issue of the New Jersey Register. The Chairman asked
that a copy of this Notice of Adoption be sent to the Board as well. Ms.
Wilk noted that proposals and adoptions also are available on the Department’s
website. Mr. Horowitz added that there is lots of room available in the
CETP classes.
Board Comments:
There were no additional comments from Board members.
Adjournment
Mr. Leahy made a motion to adjourn the meeting which was seconded by Mr.
Horowitz. The meeting adjourned at 2:46 P.M.
The next meeting is scheduled for October 18, 2005.
Respectfully
submitted,
Amy Fenwick
Frank
Board Secretary Pro-Tem
MINUTES OF THE TWENTY-FIRST MEETING OF THE LIQUEFIED PETROLEUM
GAS EDUCATION AND SAFETY BOARD
WILLIAM ASHBY DEPARTMENT OF COMMUNITY AFFAIRS BUILDING
OCTOBER 18, 2005
Call to order: The meeting was called to order at 1:35 P.M.
by Chairman William P. Curcio. The Pledge of Allegiance was then recited.
Board members present: William P. Curcio (Chairman), Gerard C. Stocker,
Larry A. Horowitz, Dianne McCarthy, William Neill, Thomas A. Leahy
Board members absent: Gene Dougherty, Paul T. Dansbach, Joseph M. Cummings,
William E. Rieger, Jr. (Vice Chairman)
Board member resigned: Kathleen L. John-Alder
Department staff present: Deputy Director Cynthia A. Wilk, Richard Osworth,
Amy Fenwick Frank, Michael Baier, John Tomasone, Emily Templeton, Carrie
Battista
Members of the public present: Mike Merrill of Suburban Propane, Thomas
Bock of Ferrell Gas/Blue Rhino
Agenda: The Chairman asked that the Board’s indulgence to change
the order of business slightly to discuss the homeland security best practices
followed by the appointments to the Board since Emily Templeton was there
to discuss only those two issues.
Best Practices: Emily Templeton gave an update on the current status
of the homeland security office’s development of a best practices
protocol for the LP-Gas Industry. Ms. Templeton explained that the Department
will include security in its audits based on the best practices. Mr. Curcio
stated that at the May meeting the Board had asked for another chance
to review the best practices. Ms. Templeton reported that the final version
of the best practices had been revised to incorporate Mr. Merrill’s
comments and was forwarded to the Office of Homeland Security prior to
the May meeting. The Board asked if there was an effort to make the Best
Practices consistent from state to state and also noted that the Federal
DOT audits facilities. Ms. Templeton pointed to the need to work cooperatively.
Ms. Templeton stated that the Department would not duplicate work done
by other governmental agencies and that if an audit had been performed,
the Department would review the audit prior to performing their own so
that no items were duplicated. Mr. Merrill asked whether info could be
sent to the Association. Ms. Templeton responded that the Department could
do an informational sheet describing what is being done and why.
Update on Appointments: The Department submitted recommendations to reappoint
members whose terms have expired. The appointments are pending at the
Governor’s Office. The Department will continue to follow up.
Public comments:Mike Merrill reported that at the last New Jersey Propane
Gas Association (NJPGA) meeting several members had questions on the rules
and some Department policies. Mr. Merrill presented a letter with three
questions from the NJPGA. The letter was given to Department Staff for
review and response. Any additional questions from the Association will
also be sent to the Department for a response. The Department agreed to
give a presentation on the LP-Gas rules (N.J.A.C. 5:18) at the NJPGA’s
April legislative session. The Department will also hold an additional
training session after the April meeting that would be open to both association
members and all other interested parties.
Approval of minutes: Two typos in the May minutes were noted. On page
two, the word “involve” was misspelled. On page one, the word
“propane” was not capitalized in “Eastern Propane.”
Mr. Stocker made a motion, which was seconded by Mr. Leahy, to approve
the minutes of the May 17, 2005 meeting with the changes noted above.
All were in favor. The Department will circulate revised minutes to the
Board.
Committee Reports: Licensing and Training (formerly CETP):No meeting
of this committee had been held and there was no report.
LPG Incident and Analysis (formerly Fire Analysis):The committee met
prior to the Board meeting. Department staff did a web-based search and
presented this material at the meeting. The committee members asked if
this information could be compared to the NFIRS data to see if NFIRS picked
up all of the major incidents.
Awards: Dianne McCarthy reported that the nomination forms should go
out in January.
Public Education: Mr. Horowitz reported that there are new public education
materials available and that the committee will review the materials.
Old Business: Adoption of 2004 NFPA 58 and Cylinder Label Requirements:
The Board reviewed the two comments submitted by Blue Rhino on the rule
proposal. Mr. Baier said that one comment concerned the additional label
and its potential to detract from other warnings on the cylinders. The
other comment concerned the distances between propane exchange cabinets
and building exits. Mr. Curcio stated that given the circumstances that
led to the proposal, he felt that the additional warning was warranted.
It was also pointed out that the new label goes on the collar of the cylinder.
Several other Board members agreed. There was discussion that, because
both National Standards (NFPA 58 and the International Fire Code) are
in agreement that the distance between exchange cabinets and exits from
buildings should be 5 feet, there is no longer justification for a 20
feet separation. However, the Board was unable to make the change for
two reasons. The first is that the change would be deemed substantive
by the Office of Administrative Law and would not be permitted upon adoption.
For such a change to be considered, a new proposal and comment period
would be required. The second reason is that if the change were made it
would create a conflict with the Uniform Fire Code. The Board recommended
that the comments from Blue Rhino be forwarded to the Fire Codes Council
for their consideration. If the Fire Codes Council agrees to the change,
a simultaneous change to the Uniform Fire Code and the LP-Gas rules will
be made. A motion was made by Mr. Leahy to approve the proposal for adoption
without change. Mr. Stocker seconded the motion. The Board approved the
motion. Ms. McCarthy made a motion to refer the issue of distances between
exchange cabinets and building exits to the Fire Codes Council. Mr. Horowitz
seconded the motion. All were in favor of the motion. Mr. Curcio asked
if the Department was going to provide stickers in Spanish and English.
Mr. Baier stated that the Department could send out another round of labels.
After that, those filling cylinders would have to supply the labels.
Additional 5:18- Training: The Board questioned whether there was any
additional training on the LP-Gas rules (N.J.A.C. 5:18) scheduled. Staff
reported that they would do any additional training that the Board felt
was necessary. It was agreed that the Department would give a training
session at the April NJ Propane Gas Association Legislative Session and
would give an additional training session after April for those who are
not members of the Association (see discussion above under public comments).
The Department will coordinate with the NJ Propane Gas Association to
set up the training.
Report on Audits: Mr. Baier reported that the Department had performed
audits on roughly 30 to 40 facilities. The major deficiencies found include
documentation of maintenance and training and house keeping issues.
Consumer Affairs - Contractor Registration Requirement: Copies of the
letter that the Department sent to all local code officials were given
to the Board. The letter makes it clear that, because LP-Gas Marketers
are licensed by the Department, they need not be registered through the
Division of Consumer Affairs.
New Business: Consumer Bill of Rights Legislation:Mr. Curcio reported
that there was proposed legislation by Assemblyman Van Drew. Mr. Curcio
said that he had not yet reviewed the legislation in detail, but that
he believes the legislation takes much of what was outlined in the Consumer
Bill of Rights drafted by the Board and incorporates it into the proposed
bill. A copy of the proposed legislation will be forwarded to the Board
members.
Violations Issued by the Department: A list of violations that were
issued by the Department was distributed to the Board.
Proposed Increase in Assessment Fees:Mr. Baier reported that there was
a proposal included in the packet that would raise the assessment fee
from 1/15 of a cent per odorized gallon to 1/6 of a cent per gallon. The
proposal was drafted because the Department is not covering the costs
of the unit with the current assessment. The total assessment collected
for calendar year ’04 was roughly $56,000. Several members of the
Board suspected that the Department is not collecting the fee on all propane
sold in the State. The Chairman ordered that a committee be formed to
review the numbers. The committee is to include Mr. Neill, Mr. Horowitz
and Mr. Leahy (Chair). Mr. Neill made a motion that the proposal be moved
forward to the New Jersey Register while the committee investigates the
amount of LP-Gas being reported to the Department. Mr. Stocker seconded
the motion. The Board voted to move the proposal forward provided that
the committee’s investigation will be performed prior to adoption.
Information: Requirement to have an Office in New Jersey:The Board was
notified that the proposal to have an office in New Jersey will appear
in the November 7 th New Jersey Register.
Board Comments: There were no additional comments from Board members.
Adjournment: Mr. Leahy made a motion to adjourn the meeting, which was
seconded by Mr. Stocker.The meeting adjourned at 3:50 P.M.
The next meeting is scheduled for December 13, 2005.
Respectfully submitted,
Michael Baier
Board Secretary Pro-Tem
MINUTES OF THE TWENTY-FIRST MEETING OF THE LIQUEFIED PETROLEUM
GAS EDUCATION AND SAFETY BOARD
WILLIAM ASHBY DEPARTMENT OF COMMUNITY AFFAIRS BUILDING
December 13, 2005
Call to order: The meeting was called
to order at 1:35 P.M. by Chairman William P. Curcio. The Pledge of Allegiance
was then recited.
Board members present: William P. Curcio (Chairman), Gerard C. Stocker,
Larry A. Horowitz, William Neill, Gene Dougherty, Thomas A. Leahy
Board members absent: Paul T. Dansbach, Diane McCarthy, Joseph M. Cummings,
William E. Rieger, Jr. (Vice Chairman)
Board member resigned: Kathleen L. John-Alder
Department staff present: Director William M. Connolly,
Amy Fenwick Frank, Michael Baier, John Tomasone
Members of the public present: Mike Merrill of Suburban Propane
Approval of minutes: The minutes of the October 18 th 2005 meeting were
approved. (Motion by Leahy second by Neill all were in favor).
Modification to Agenda: The chairman asked if the agenda could be modified
to add resignation/appointments under new business.
Committee Reports:
Licensing and Training (formerlyCETP): No meeting of this committee had
been held and there was no report.
LPG Incident and Analysis (formerly Fire Analysis): Mr. Baier gave a
report of the action of the committee at a meeting held this morning.
The committee would like to obtain more detailed reports of the fatal
accidents that have occurred nationally. The committee would also like
to investigate ways in which leaks associated with the removal of appliances
can be avoided. The committee discussed advising fire officials that during
the smoke detector/carbon monoxide detector inspection that they should
look for gas outlets that are improperly plugged or capped where appliances
have been removed. The committee also would like to see if information
on the removal of appliances can be included in tenant information. The
committee would also like to get more detailed information on an incident
that occurred in Manchester township where a person in a mobile home was
burned while lighting an appliance pilot light.
Awards: The committee did not meet, but Mr. Baier reported that the nomination
forms would go out in January.
Public Education: Mr. Horowitz reported that the committee met and selected
new public education materials. The Department will purchase the materials
from the National Propane Gas Association, and distribute the new brochures.
Old Business:
Distances for exchange cabinets: Amy Frank reported that the issue of
the proper distances between exchange cabinets and building openings was
discussed by the Fire Codes Council on the day after the last LP-Gas Board
meeting. At the meeting, the Fire Codes Council stated that they would
like to maintain the current distance requirement rather than use the
less restrictive distance contained in NFPA 58 and the International Fire
Code. Mr. Stocker stated that the feeling of the Board was that the rules
should be consistent with the national standard. The Division of Fire
Safety and the Division of Codes and Standards have equal standing on
the issue. Mr. Connolly stated that the Division of Codes and Standards
likes to be consistent with the national standards to the greatest extent
possible and would discuss the issue with the Division of Fire Safety
and go back to the Fire Codes Council.
Propane Emergencies Train the Trainer: Amy Frank reported that Deputy
Director Cindy Wilk was scheduled to meet with the Director of the Division
of Fire Safety to try to get the program to move forward.
Additional 5:18- Training: Mr. Stocker reported that the Department Staff
had been notified of the date of the NJ Propane Gas Association meeting
(April 26 th) and agreed to provide a seminar on N.J.A.C. 5:18. The Department
will provide a session for industry people who are not part of the NJ
Propane Gas Association. The Department will send a notice to all licensees
about the training.
Consumer Rights Bill/Assemblyman Van Drew: Mr. Curcio stated that he
is trying to set up another meeting with Assemblyman Van Drew to discuss
his proposed legislation on consumer rights. Mr. Curcio stated that he
would like to have someone from DCA staff present so that there is an
assurance that the proposed legislation is consistent with the rules.
The meeting will be after the first of the year. Mr. Curcio also reported
that he had met with Kimberly Ricketts, Director of the Division of Consumer
Affairs regarding delivery on demand and whether the customer may be present
for deliveries. She understood the industry’s desire to be regulated
by one agency.
Assessment Fees: Tom Leahy reported that the information given to the
committee at its meeting this morning on assessment fees shows that both
the gallons and the fee reported per year has dropped every year over
the three-year period that the fee has been collected. He stated that
some of the attrition could be due to natural gas service areas expanding
and less use by industrial facilities. He also reported that refinery
production at some NJ facilities has dropped off and that more LP-Gas
is being imported. The Department will look into the reason for this drop.
Mr. Leahy stated that he would prefer to see the fee paid at the time
of odorization even when the source is out of State but that the onus
often will be on the LP-Gas marketer. Mr. Connolly stated that, realistically,
the state needs more money to operate. He stated that the legislation
contained provisions for stepped increases in the fee to avoid “sticker
shock” and that the Department felt the legislative intent was to
ratchet up the fees over a phase-in period. He reported that currently
the operating cost of the unit is about $500,000 dollars and that the
program is being subsidized by other programs in the division and an increase
is necessary. He pointed out that, even at the highest gallons reported,
which is higher than the American Petroleum Institute (API) estimate,
the increased assessment fee will not cover the cost of the program. At
one time in the mid 1990s, the amount of odorized propane was estimated
to be 200 million gallons. The latest estimates by API are around 140
million gallons. A suggestion was made that the reporting should be changed
from quarterly to semi-annually. Mr. Connolly agreed to make this change
upon adoption. Staff agreed that the effective date of the rule when adopted
will match the beginning of a set reporting period, most likely July 1st.
New Business:
Proposed inspection fee for non-odorized facilities:
Mr. Neill asked why non-odorized facilities were being treated differently
from odorized facilities. Mr. Curcio explained that inspection of facilities
that handle odorized propane are funded through the assessment fee. The
Legislation specifically called for the Department to establish an inspection
fee for non-odorized facilities. Mr. Neill suggested that this be added
to the summary statement. Mr. Stocker asked if some other method other
than an hourly fee could be charged. Mr. Connolly explained that the facilities
vary in complexity in such a way that a flat inspection fee that is proportional
to the amount of time spent cannot be developed. Mr. Stocker suggested
that there be a minimum fee established as a baseline and that inspections
that took longer would be subject to the hourly fee. The baseline fee
would be $160.00 per half day per inspector. The Board asked that the
proposal be clarified that the hourly portion of the fee is for the time
on site only. The Board then moved approval of the proposal.
Resignation/Reappointments: Mr. Curcio reported
that Joe Cummings was very ill. He asked if there must be a formal resignation
letter written by Mr. Cummings. Mr. Connolly stated that if Mr. Cumming’s
health prevented him from submitting a resignation letter, that it was
not needed. The Department will notify the Governor’s office that
he is resigning. Mr. Curcio stated that the association would send a letter
naming Michael Merill as the Association’s nominee to replace Mr.
Cummings. Mr. Curcio also stated that the Board needs to look for a replacement
for Mr. Paul Dansbach, unless he indicates that he wishes to continue
to serve. He indicated that the Board needs better representation from
the fire service and suggested that maybe Heather Puskar from the Division
of Fire Safety would be a good choice. Mr. Curcio asked that the Department
prepare a resolution for Mr. Cummings thanking him and commemorating his
service to the Board.
Information:
Requirement to have an Office in New Jersey: The Board was notified that
the proposal had appeared in the November 7 th New Jersey Register. There
was a public hearing held on November 22 nd which no one attended. The
comment period closes on January 6, 2006 and adoption should be sometime
in February or March.
Increase in Assessment Fee: The Board was provided
with a copy of the proposal. Discussion on this item was held under New
Business. It will appear in the January 3, issue of the New Jersey Register.
Adoption of NFPA 58 – 2004 and Warning Label Requirement: The notice
of adoption appeared in the December 5, 2005 edition of the New Jersey
Register. Mr. Curcio asked if the Department was going to distribute another
round of labels that comply with the rule (Spanish and English). Staff
reported that they will do one more round of labels and after that marketers
and operators would be responsible for the labels. The Board also asked
that a mailing be sent to all marketers notifying them of the updated
rules.
Board Comments: There were no additional comments
from Board members.
Future Board Meetings: The Board set the following
schedule of meeting dates for 2006:
March 21 st
May 23 rd
October 17 th
December 12 th
Adjournment
Mr. Leahy made a motion to adjourn the meeting, which
was seconded by Mr. Stocker.The meeting adjourned at
2:40 P.M.
The next meeting is scheduled for March 21, 2006.
Respectfully submitted,
Michael Baier
Board Secretary Pro-Tem
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