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MINUTES OF THE MARCH 21, 2006 MEETING OF THE LIQUEFIED
PETROLEUM GAS EDUCATION AND SAFETY BOARD
WILLIAM ASHBY DEPARTMENT OF COMMUNITY AFFAIRS
BUILDING
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),
William E. Rieger, Jr. (Vice Chairman), Dianne McCarthy, Gerard C. Stocker,
William Neill, Gene Dougherty, Thomas A. Leahy
Board members absent: Paul T. Dansbach, Larry A. Horowitz,
Board members resigned: Kathleen L. John-Alder, Joseph
M. Cummings
Department staff present: Deputy
Director Cynthia A. Wilk, Bureau Chief Richard Z. Osworth, Michael L.
Ticktin, Amy Fenwick Frank, Michael Baier, John Tomasone
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 December 13, 2005 meeting were approved
without objection (Leahy/Neill motion) after a discussion in which Mr.
Neill, referring to the office requirement in the rule proposal, asked
for a definition of who is required to have an office. Mr. Osworth said
that the requirement applies to owners of small systems and of bulk systems
and to license applicants. Mr. Curcio added that what is required is a
location with a New Jersey address. Mr. Neill also asked that minutes
be distributed earlier than has been the practice recently. Mr. Curcio
said he would follow up with Mr. Baier and Division staff. In a response
to a question from Mr. Curcio, Mr. Baier stated that minutes are put on
the Division website after they have been approved. The New Jersey Propane
Gas Association (NJPGA) has a link to this site on their website.
Committee Reports:
Licensing and Training (formerlyCETP):
No meeting was held.
LPG Incident and Analysis: No meeting was held. Mr.
Curcio said that there had been no incidents in New Jersey recently. Mr.
Baier reported that he had sent letters to jurisdictions throughout the
country that had reported fatalities seeking additional information.
Awards: Ms. McCarthy reported that nomination applications
were mailed in January and are due on March 31 st.
Public Education: The committee was unable to meet,
due to Mr. Horowitz’s illness. Mr. Baier reported that the new pamphlets
have been ordered. Mr. Curcio showed a pamphlet issued by the State of
New York entitled Purchasing Propane. He also stated that the
pamphlet issued by the PERC would provide the “definition of safety
information for the country.”
Old Business:
Distances for Exchange Cabinets (Fire Codes Council action):
Ms. Frank reported that the Fire Codes Council is in the process
of amending subchapter 3 of the Uniform Fire Code rules (N.J.A.C. 5:70)
and would be including exchange cabinets in the adoption of the International
Fire Code. It was agreed that there should not be conflicting standards
in the State. Mr. Curcio said that there was no action to be taken by
the board at this time.
Propane Emergencies--Train the Trainer: Mr. Rieger
reported on a meeting that he and Ms. Wilk had with Bill Kramer of the
Division of Fire Safety. He recommended that there be at least two programs
this year, one in North Jersey and one in South Jersey and more as needed.
Mr. Curcio asked if one day is really enough time to train trainers. Ms.
Wilk said that there was a need to look at the prerequisites and background
required. Mr. Curcio said that Sussex County Community College, which
runs the county fire school, was trying to establish a permanent training
program. Mr. Rieger said that Gloucester County Community College was
doing the same.
Additional 5:18 Training: Mr. Baier said that training
programs would be held on April 26 th at the Trenton Marriott and on May
31 st in room 129 of the DCA building.
Consumer Bill of Rights: Mr. Curcio said that Assemblyman
Van Drew had said that his bill does not conflict with existing DCA rules
and that he seeks to incorporate provisions of the rules. He noted that
the bill says that marketers must be given three days’ advance notice
of any work that is going to be done by others on propane systems. The
Bill passed the Assembly on March 16.
LPG Assessment Fee Increase: Ms. Baier reported that
the proposal is ready for adoption. Mr. Ticktin noted that the board’s
recommendation that the fee be payable semi-annually, rather than quarterly,
could not be included in the adoption, because it was a substantive change,
but it will be the subject of a new proposal.
Security Best Practices: Ms. Wilk reported that the
LPG industry security best practices had been approved by the Governor.
Mr. Baier said that they would be included in scheduled audits, and that
special audits would be conducted for those not otherwise scheduled. Ms.
Wilk said that attempts are being made to consolidate reviews by different
State agencies.
Audits: Mr. Baier said that a problem area that had
been identified was lack of attention on the part of drivers to potential
hazards at the delivery site, such as combustibles or air intakes near
propane tanks. He also cited as a common problem the absence of records
concerning the inspection.
Insurance Requirement Update: Mr. Curcio said that he
had been told that fines are being levied for failure to provide renewal
information to DCA and questioned whether this was authorized by the rules.
Mr. Baier said that the Bureau always sends a letter in advance of any
penalty so that the licensee would have an opportunity to comply and that
the rules say that insurance must be in force, and we need proof that
it is. Mr. Osworth reiterated that we always give notice before issuing
a penalty, but that we always need proof that insurance is in effect as
of the date that the old coverage expires. Mr. Curcio said that he did
not know that a letter was sent out first and had no problem as long as
notice was given before penalties were issued. Mr. Baier added that the
proof of coverage can come either from the licensee or the insurance company.
New Business:
Regulation Redundancy Review Committee:
Mr. Curcio said that he will form such a committee if it is necessary
for issues covered by multiple regulations, for example labels on cylinders.
Information: Ms. Frank said
that Mr. Cummings’ resignation letter, along with the recommendation
that Mr. Merrill be nominated to replace him, had been submitted to the
Governor’s office.
She also said that the new rules booklet would be printed and available
in time for the April 26 th training program.
Mr. Ticktin reported that the proposal establishing a fee for inspection
of non-odorized LPG facilities had been approved by the Commissioner and
that he was awaiting approval from the Governor’s office and the
Smart Growth Ombudsman before filing it with the Office of Administrative
Law.
Board Comments: Mr. Doherty
said that any outbreak of avian flu might require licensees to put their
employees on “home based reporting” in order to reduce the
risk of spreading it to everyone in the company. He recommended that companies
loan emergency responders to each other in the event that any company
is unable to handle emergencies at locations that they service due to
employee illness. Mr. Merrill said he would look into the practicality
of this.
Mr. Neill recommended that a date be put on the rule booklet.
Mr. Curcio asked that the Department look into replacing Mr. Dansbach
if he is unable to attend on a regular basis.
Mr. Rieger discussed an accident in his county in which propane tanks
stored in the garage of a house under construction exploded. There were
fifteen 100 pound cylinders on site. Eight or nine were stored in the
garage, but the garage was only framed. The tanks flew 225 feet and the
building was gone by the time the fire trucks arrived. A dumpster 1,100
feet away caught fire because of the embers. There was no electricity
in the house and no apparent cause of ignition. The cause is being investigated.
Mr. Curcio asked about the status of warning decals. Mr. Baier said
that they would be available to marketers before Memorial Day.
Adjournment: The meeting adjourned
at 3:12 P.M.
Next meeting is scheduled for May 23, 2006.
Respectfully submitted,
Michael L. Ticktin, Board Secretary
MINUTES OF THE JUNE 12, 2006 MEETING OF THE LIQUEFIED
PETROLEUM GAS EDUCATION AND SAFETY BOARD
WILLIAM ASHBY DEPARTMENT OF COMMUNITY AFFAIRS
BUILDING
Call to order: The meeting was called to order
at 1:20 p.m. by Chairman William P. Curcio. The Pledge of Allegiance was
then recited.
Board members present: William P. Curcio (Chairman),
Larry A. Horowitz, Dianne McCarthy, Gerard C. Stocker, William Neill
Board members absent: William E. Rieger, Jr. (Vice Chairman),
Paul T. Dansbach, Gene Dougherty, Thomas A. Leahy
Board members resigned: Kathleen L. John-Alder, Joseph
M. Cummings
Department staff present: Deputy Director Cynthia A.
Wilk, Acting Bureau Chief Michael Baier, Michael L. Ticktin, Amy Fenwick
Frank, John Tomasone, Carrie Battista
Members of the public present: Mike Merrill of Suburban
Propane
Agenda: Mr. Curcio asked that a discussion of warning labels be added
under "Old Business." The agenda was approved without objection.
Mr. Neill asked that websites be included in the minutes and that links
be added when the minutes are put online. It was agreed that this would
be done.
Public comments: None
Approval of minutes: A motion to approve the minutes of the March 21,
2006 meeting was made by Mr. Stocker and seconded by Mr. Neill. The minutes
were approved without objection.
Committee Reports: None
Old Business:
a. Propane Emergencies--Train the Trainer: Ms. Wilk
reported that a meeting had been held with Mr. Rieger and representatives
of the Division of Fire Safety. The Division of Fire Safety will work
with Mr. Rieger to set up training programs..
b. Additional 5:18 Training: Mr. Baier
reported that training was held in conjunction with the New Jersey Propane
Gas Association meeting. Only five responses were received for an additional
training session that had been scheduled for May 31. He said that the
Department would offer another training session in the fall.
c. Consumer Bill of Rights: Mr. Curcio
said that Assemblyman Van Drew’s bill had passed the Assembly and
that the Propane Gas Association was trying to work with Assemblyman Van
Drew and Senator Lesniak to resolve concerns that Senator Lesniak had
so that the bill could be posted in the Senate. Mr. Curcio asked that
the committee, chaired by Ms. McCarthy, meet to draft rules in preparation
for passage of the bill. He suggested that all of the Board members be
invited to the committee's meeting.
d. Warning labels: Mr. Baier said that
labels are now being distributed to licensees.
New Business:
a. Regulation Redundancy Review Committee:
On hold.
b. Elimination of Notice of Propane Installation:
Mr. Baier indicated that the notice of propane installation for
systems that fall below the threshold is of very little value. He suggested
amending the rule to eliminate the notice requirement.A
discussion ensued on the need for a notice or for inspection of temporary
heating systems and of the appropriate threshold. It was decided that
temporary heating installations of less than 250 gallons should be handled
under the quality control manual and reviewed through the quality assurance
program. Temporary heating installations of 250 gallons or more are to
be subject to a notice requirement and State inspection. No notice will
be required for other installations up to 2,000 gallons (those subject
to local permitting and inspection under the Uniform Construction Code.)
A rule proposal will be drafted for consideration at the next meeting
of the Board. Mr. Baier noted that companion changes to the Uniform Construction
Code would also be needed.
c. Homeowner's Insurance Company Standards: Mr. Curcio
explained that the insurance industry seems to be coming up with its own
rules for LP-Gas installations company by company. He said that, as part
of the underwriting review for homeowner's insurance, some companies are
establishing a separation distance for the installation and that some
companies are requesting proof of insurance from the marketer. He asked
whether the Department could send a letter to the Department of Banking
and Insurance. Ms. Wilk suggested that a meeting with the Department of
Banking and Insurance might be more helpful. Mr. Merrill agreed and suggested
that the Department of Banking and Insurance and insurance companies be
informed of the requirements for licensed marketers. Mr. Curcio added
that they should be made aware that there are national standards governing
these installations.
Information:
Status of Rulemaking Activity:
a. Fee for non-odorized facilities: Mr. Baier announced
that this proposal has been published in the New Jersey Register. The
comment period extends until July 14.
b. LP-Gas Assessment Increase: The Notice of adoption
of this rule appeared in the April 17 issue of the New Jersey Register.
The operative date is July 1, 2006.
c. Website: As stated above, Mr. Neill requested that
web addresses be included in the minutes. The website for the New Jersey
Propane Gas Association is www.NJPGA.org. LP-Gas information may be found
on the Department's website at www.nj.gov/dca/codes/lp_gas/lpgunit.shtml.
Additionally, it was suggested that the list of licensees be made available
on the Department's website.
Board Comments: Ms. McCarthy reported
that no award nominations had been received. She asked whether it might
be possible to get information from inspectors for possible nominees.
Ms. Wilk and Mr. Baier responded that the inspectors could give the committee
notes for awards in some of the categories.
Mr. Stocker asked about the submission of Board member expenses. He was
told that expense vouchers should be given to Ms. Battista.
Mr. Stocker also asked about the distribution of the
new booklets (updated regulations). He was informed that the booklets
had been mailed to all licensees.
Mr. Horowitz expressed concern about heaters that
use 20 pound cylinders since the cylinders now have a warning label indicating
that it cannot be used inside. Mr. Baier responded that these heaters
are supposed to be used in construction only. Mr. Horowitz and Mr. Curcio
noted that the marketer does not know, in advance, where the cylinder
will be used and that there are exceptions to the prohibition on indoor
use, for example, use in laboratories.
Ms. Wilk announced that Mike Baier is now serving as Acting Chief of
the Bureau of Code Services following Richard Osworth's departure for
the Division of Community Resources. The Board members congratulated Mr.
Baier on his new position and expressed their pleasure at his appointment.
Adjournment: A motion to adjourn
was made by Mr. Stocker and seconded by Mr. Horowitz.The
meeting adjourned at 3:15 p.m. The next meeting of the Board is scheduled
for October 17, 2006.
Respectfully submitted,
Michael L. Ticktin, Board Secretary
Amy Fenwick Frank, Board Secretary Pro Tem
The minutes for the October 17, 2006 board meeting
will be posted after review and approval of the board members at the upcoming
board meeting on December 12, 2006.
MINUTES OF THE OCTOBER 17, 2006 MEETING OF THE
LIQUEFIED PETROLEUM GAS EDUCATION AND SAFETY BOARD
WILLIAM ASHBY DEPARTMENT OF COMMUNITY AFFAIRS
BUILDING
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),
Larry A. Horowitz, Dianne McCarthy, Gerard C. Stocker, William Neill,
Thomas A. Leahy
Board members absent: William E. Rieger, Jr. (Vice Chairman),
Paul T. Dansbach, Gene Dougherty
Board members resigned: Kathleen L. John-Alder, Joseph
M. Cummings
Department staff present: Deputy
Director Cynthia A. Wilk, Acting Bureau Chief Michael Baier, Michael L.
Ticktin, Amy Fenwick Frank, John Tomasone, Carrie Battista
Members of the public present: Mike Merrill of Suburban
Propane
Agenda: Mr. Neill moved to add a resolution complimenting DCA and the
NJPGA on their websites. Such a resolution was included in the discussion
of the websites that was on the agenda.
Public comments: None
Approval of minutes: A motion to approve the minutes of the June 12,
2006 meeting was made by Mr. Leahy and seconded by Mr. Horowitz. The minutes
were approved without objection.
Committee Reports:
Awards: Ms. McCarthy reported that
the committee planned to seek input from the inspectors before making
any recommendations for awards. Mr. Curcio said that they would also be
working with the NJPGA.
There were no reports from the Licensing and Training, LPG Incident and
Analysis and Public Education committees.
Old Business:
a. Regulation Redundancy Review: Mr. Curcio will notify
Mr. Baier as needed.
b.Elimination of Notice of Propane Installation:
Mr. Baier said that the proposal was being made because the
paperwork is not needed, except in cases of temporary installation of
tanks of 250 gallons or more. Mr. Curcio asked if DCA could stop the filing
prior to a rule change taking effect. Mr. Baier said that DCA would not
take action to penalize anyone who failed to file the redundant forms.
He also indicated that the proposal includes an updated reference to NFPA-30
and that there would be a Communicator article to let code officials
know of the change. Mr. Curcio asked that copies of that article be sent
to LPG board members. Ms. Wilk said that this would be done. A motion
to approve the rule change was made by Mr. Horowitz, seconded by Mr. Leahy
and passed unanimously. Mr. Stocker asked what would be done to deal with
unsafe existing systems for which the municipality did not give a permit.
Mr. Baier responded that the “unsafe structure” provisions
of the UCC rules would apply. Mr. Curcio added that the LPG rules provide
for removal by order of the Bureau. Ms. Wilk said that the construction
official would still cite the conditions as unsafe. Mr. Curcio asked what
recourse a company would have if it wanted to replace another company’s
tank. Mr. Baier said that there was no provision in the rules that would
apply to removal of another dealer’s tanks from any location other
than a single-family dwelling.
c.Consumer Bill of Rights: Mr. Curcio
reported that the committee met to discuss rules that would be proposed
once the legislation passes. These rules would be based on the memorandum
that had been presented to Assemblyman Van Drew. The future of the legislation
is dependent upon the outcome of a meeting between the NJPGA and Senator
Lesniak, the chairman of the Senate committee to which the bill was sent
after passing the assembly. The meeting is expected to take place in December.
d.Homeowner’s Insurance Company Standards:
Mr. Curcio said that Mr. Merrill would be working through the
NJPGA to get information about actual problems that would be used by DCA
in a meeting with the Department of Banking and Insurance. Mr. Leahy said
that information would be needed to identify specific companies and brokers
with whom there had been problems. Mr. Curcio said that distance requirements
and underground tanks are the two known problems. Mr. Leahy said that
the New Jersey Manufacturers Insurance Company form asks about oil tanks,
not propane tanks. Ms. Wilk said that the problem might be limited to
one company. Mr. Leahy said that information about brokers is important
and should be collected.
e. Website: Mr. Baier reported that
both the list of licensees and the approved minutes are on the DCA and
NJPGA websites. Mr. Neill introduced a resolution to commend DCA and NJPGA
on their websites. The resolution was adopted unanimously. Mr. Neill also
recommended that the websites indicate that minutes of the most recent
meeting are still awaiting approval, so that people do not look for them
in vain.
New Business:
Increase in assessment fee: Ms. Wilk
and Mr. Baier said that a further increase in the amount allowed by statute
was necessary because the estimated cost of administering the program,
which is supposed to be fee-supported, is $500,000, while the revenue
is approximately $200,000. Mr. Curcio asked that Mr. Leahy and his committee
review how many gallons have been imported or odorized and how much has
been paid. He is concerned that everyone who should be paying is indeed
paying and wants all facts made available.
Information:
Status of Rulemaking Activity:
a. Fee for non-odorized facilities - Mr. Baier announced
that the revised proposal, which applies to all LPG and not just propane,
has been published in the New Jersey Register. It replaced the
proposal that was published in the May 15, 2006 issue. The comment period
extends until November 17, 2006.
b. Semi-annual payment of assessment installments:
Mr. Baier stated that this proposal was published in the October 16, 2006
issue of the New Jersey Register and that comments would be received
through December 15, 2006. .
Board Comments:
Mr. Curcio inquired as to the status of the fire service
representation on the board. Ms. Wilk said that Mr. Dansbach had said
he would provide names. Mr. Curcio asked if we could ask the Division
of Fire Safety to provide someone to serve as a fire service representative.
Ms. Wilk said that this could be done. Mr. Curcio said that he was concerned
both about board members who never come to meetings and the failure of
the governor’s office to make any new appointments to fill vacancies.
He asked that DCA review members’ attendance records and send letters
to those who have not been attending regularly to inquire as to their
continuing interest in serving.
Next meeting: The next meeting is
scheduled for December 12, 2006
Adjournment: The meeting adjourned at 2:35 p.m.
Respectfully submitted,
Michael L. Ticktin, Board Secretary
The minutes for the December 12, 2006
board meeting will be posted after review and approval of the board members
at the upcoming board meeting on March 21, 2007.
MINUTES OF THE DECEMBER 12, 2006 MEETING OF THE
LIQUEFIED PETROLEUM GAS EDUCATION AND SAFETY BOARD
WILLIAM ASHBY DEPARTMENT OF COMMUNITY AFFAIRS
BUILDING
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),
William E. Rieger, Jr. (Vice Chairman), Larry A. Horowitz, Dianne McCarthy,
Gerard C. Stocker, William Neill, Gene Dougherty, Thomas A. Leahy
Board members absent: Paul T. Dansbach,
Board members resigned: Kathleen L. John-Alder, Joseph
M. Cummings
Department staff present: Acting
Bureau Chief Michael Baier, Michael L. Ticktin, Amy Fenwick Frank, John
Tomasone
Members of the public present: Mike Merrill of Suburban
Propane
Agenda: Approved without objection.
Public comments: None
Approval of minutes: A motion to approve the minutes of the October 17,
2006 meeting was made by Mr. Leahy and seconded by Mr. Horowitz. The minutes
were approved without objection.
Committee Reports:
Awards: Ms. McCarthy reported that
the committee will start reviewing recommendations in January.
There were no reports from the Licensing and Training, LPG Incident and
Analysis and Public Education committees.
Old Business:
a. Regulation Redundancy Review: No report.
b.Consumer Bill of Rights: Mr. Merrill
advised the board.
c.Homeowner’s Insurance Company Standards:
Mr. Curcio said that NJPGA members who attended the recent meeting
were asked to provide information about any problems they were having
with insurance coverage. Mr. Merrill said that the NJPGA is still at the
fact-finding stage and is getting together the names of problem carriers.
d. Increase in assessment fee: A resolution to approve
increase of the assessment fee by 1/10 of a cent, as permitted by statute,
was moved by Mr. Leahy, seconded by Mr. Doughterty and approved unanimously.
In making his resolution, Mr. Leahy noted that he believed that no more
than ten to fifteen percent of the propane odorized in, or imported into,
New Jersey was still unassessed, and that it was appropriate to increase
the fee, to the extent allowed by law, in order to help defray the cost
of running the program, for which there was still a significant shortfall.
e. Board vacancies and attendance: Mr.
Curcio reiterated the need to have a representative of the fire service
appointed to replace Mr. Dansbach. Mr. Curcio also announced that he was
setting up a new NFPA-58 committee, to be headed by Mr. Stocker.
New Business:
William Curcio, William Rieger and Michael Ticktin
were re-elected unanimously as chairman, vice-chairman and secretary of
the board, respectively.
Information:
Status of Rulemaking Activity:
a. Fee for non-odorized facilities - Mr. Baier announced
that the proposal has been adopted and will appear in the January 2, 2007
issue of the New Jersey Register.
b. Semi-annual payment of assessment installments:
This proposal was published in the October 16, 2006 issue of the New
Jersey Register and that comments will be received through December
15, 2006. .
Consumer Bill of Rights (A-2015):
Mr. Merrill reported that Senator Lesniak’s staff
was opposed to the provision in the bill as amended that would limit marketers’
liability. Senator Lesniak wants to inform consumers of their responsibilities,
but not take away their right to sue. A revised draft has not yet been
approved by the senator. Mr. Rieger expressed objection to the idea of
requiring the consumer to serve as the inspector.
Board Comments:
Mr. Stocker asked if there had been any discussion
with the fire service regarding cylinder exchange issues. Ms. Frank said
that the Fire Codes Council opposes any change in the rules and is also
opposed to allowing cylinder exchange using credit cards and without trained
personnel. The Division of Fire Safety will require that a trained attendant
be present for all cylinder exchanges. Mr. Stocker asked if a permit is
needed for an exchange cabinet. Mr. Rieger said that it is required, but
that many fail to comply.
Mr. Curcio said that he wants to establish an LPG Incident Analysis
committee that would create benchmarks on improvements in safety. He also
asked the minutes show that Mr. Neill had been appointed to the Assessment
committee.
Next meeting: The next meeting is
scheduled for March 20, 2007
Adjournment: The meeting adjourned at 2:53 p.m.
Respectfully submitted,
Michael L. Ticktin, Board Secretary
The minutes for the December 12, 2006 board meeting
will be posted after review and approval of the board members at the upcoming
board meeting on March 20, 2007.
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