NJ Department of Community Affairs

MINUTES OF THE MARCH 17, 2009 MEETING OF THE LIQUEFIED PETROLEUM GAS EDUCATION AND SAFETY BOARD

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, led by Thomas. Leahy.

Board members present: William P. Curcio (Chairman), Larry A. Horowitz, Gerard C. Stocker, Thomas A. Leahy, Gene Dougherty

Board members absent: William E. Rieger, Jr. (Vice Chairman), William Neill, Dianne McCarthy,

Department staff present: Director Cynthia A. Wilk, Acting Bureau Chief Michael Baier, Michael L. Ticktin, John Tomasone, Carrie Battista, Thomas Pitcherello

Approval of minutes: The minutes of the October 21, 2008 meeting were approved without objection.

a. UCC (Uniform Construction Code) permits for work identified with recertifying tanks: .Mr. Baier reported that the Code Advisory Board had recommended certain changes to the draft bulletin, specifically that the fire subcode official, rather than the building subcode official, be given responsibility with regard to venting, that the word “shouldn’t” in the notes be changed to “must not”—since it is a requirement, not a recommendation—and that reference to jurisdiction as “outside the scope of the UCC” should be changed to “outside the scope of the LEA (Local Enforcing Agency).” Mr. Horowitz asked what is meant by the “proper labeling of the appliances served by the container.” Mr. Baier replied that it means that the appliance must be labeled to indicate its fuel source.

b. Temporary Heat education program: Mr. Curcio reported that he and Mr. Merrill would be preparing educational materials regarding temporary heat and asked how these materials would be distributed. Ms. Wilk said that construction officials could distribute such materials to permit applicants.

c. TCPA (Toxic Catastrophe Protection Act) update: Ms. Wilk reported that she had sent a letter concerning the TCPA program to DEP (Department of Environmental Protection). Mr. Baier stated that DEP had proposed that they conduct annual inspections only in the two years out of three in which DCA (Department of Community Affairs) would not be inspecting. Mr. Curcio reported that a meeting was scheduled to take place, through the agency of the Governor’s office, to resolve the issue, and that NJPGA had filed comments with DEP in response to its rule proposal and had sent letters to Senators Van Drew and Oroho. NJPGA(New Jersey Propane Gas Association) has requested that propane be removed from the scope of DEP’s rule and that any enforcement regarding propane facilities be stayed until the issue of dual jurisdiction is resolved. Mr. Curcio further stated that the Commissioner of Environmental Protection had agreed to meet to discuss the issue and that Senator Van Drew had advised that he would seek review of the matter by the Senate Regulatory Oversight committee. Mr. Stocker added that DEP had published its adoption notice and had agreed to inspect propane facilities only in the two years out of three in which they are not inspected by DCA. Mr. Curcio said that DEP’s involvement runs counter to the longstanding goal of bringing all regulation of propane under one department. Mr. Stocker asked if, with regard to quality assurance requirements, the issue of 10,000 pounds versus 10,000 gallons had come up in discussions with DEP. Mr. Baier said that it had not.

d. Revision of inspection checklists: Mr. Baier presented a draft of the revised checklist, which was prepared by Messers Tomasone, Merrill and Stocker. Mr. Curcio asked that all changes be identified. Mr. Baier said that this would be done.

a. Meeting with Plumbers on Certification: Ms. Wilk reported that Mr. Pitcherello would be meeting with representatives of the plumbers to review their apprenticeship training program. He will also meet with the Deputy Attorney General who represents the Board of Master Plumbers regarding changes that would be required to be made training rules in order to include training with regard to propane appliances. Discussions are ongoing and there has not yet been any final resolution. Mr. Curcio said that CETP (Certified Employee Training Program) training should be incorporated in their training rules, since only CETP provides adequate training for anyone who will be working with propane and no alternative courses are sufficiently thorough.

b. Certification—other than plumbers: Mr. Baier said that DCA has done mailed information concerning propane to HVAC (heating-ventilation-airconditioning) contractors and box stores. Mr. Curcio said that NJPGA has received requests for training course materials. Ms. Wilk said that, inasmuch as HVAC licensing is new, it should be easier to get CETP training incorporated in their training requirements than is the case with the plumbers, where we are trying to change rules and programs that already exist.

c. Certification of part-time LPG employees: Mr. Curcio asked if DCA inspectors look for evidence of training for part-timers. Mr. Tomasone said that they look for proof of training for anyone who handles LPG (liquefied petroleum gas), whether full-time or part-time. Mr. Curcio recommended that inspectors specifically ask about part-timers, since licensees might not all be aware that they are subject to the same requirements as others. Mr. Horowitz asked what can be done about training employees who do not speak or read English, since there are no CETP programs in Spanish or other languages. Mr. Merrill said that it would be necessary to use interpreters for such employees.

d. Out-of-State Marketers—compliance: Mr. Curcio said that there have been problems with out-of-State marketers, some of whom have been known to fill their tanks without tests. He further stated that he is not sure that their personnel are properly trained and are following acceptable safety standards. Ms. Wilk said that we have to be able to catch them in violation in order to enforce the rules. Mr. Horowitz asked if they are audited. Mr. Baier replied that they are audited every three years with regard to CETP training, but that their facilities in other states are not subject to our inspection. Mr. Leahy asked how DCA would know if out-of-State marketers failed to list all employees. Mr. Curcio said that it was unfair that there was no audit of employees of such marketers. Mr. Baier replied that DCA audits employee information as part of its review of all license applications, but that enforcement can only be done through spot checks of employees who make deliveries in New Jersey. Mr. Curcio said that Pennsylvania was not as advanced as New Jersey with regard to propane regulation. Mr. Curcio said that DCA inspectors should regularly check out-of-State drivers. Mr. Baier said that this issue would be discussed with the inspectors.

e. Bonding and grounding of appliances: Mr. Curcio asked what the requirements are for bonding and grounding of stainless steel tubing. Mr. Horowitz said that there is no problem as long as the appliances are grounded. Mr. Merrill said that NFPA(National Fire Protection Association)-54, 2009 edition, requires bonding regardless of whether appliances are grounded. Mr. Pitcherello said that bonding is required by manufacturers in order to protect against lightning. He further stated that, though there is no requirement for lightning protection in the electrical subcode of the Uniform Construction Code, bonding is required, which can be accomplished through grounding, and also that DCA is now looking into requiring compliance with either the fuel gas code or manufacturer’s instructions, whichever is more restrictive. Mr. Dougherty asked if any distinction was made between above-ground and below-ground installations. Mr. Merrill replied that the requirement is for an insulated union where the piping goes out of the building. Mr. Curcio said that the International Code, the NEC (National Electrical Code) and NFPA will have the same requirements by 2011, and that New York has an emergency code. Mr. Merrill said that Massachusetts has banned CSST (corrugated stainless steel tubing) until such time as the situation is resolved. Mr. Leahy asked if it was necessary to run a line to the electrical panel. Mr. Pitcherello said that, thought such a line is not required by the NEC, it is required by manufacturers. Mr. Merrill asked if a marketer’s license covers the running of a bonding line. Mr.Pitcherello said that no electrical license is needed so long as the marketer does not enter the panel.

a. Status of Rulemaking Activity: Mr. Baier stated that the Consumer Bill of Rights rules were adopted and appeared in the February 2, 2009 issue of the New Jersey Register, to be operative on July 1, 2009. Mr. Curcio asked if a company that followed the prescribed template in the information that it distributed to consumers would be in compliance with the rules. Mr. Baier said that it would be in compliance. Mr. Curcio also asked if the information had to be provided to existing, as well as new, customers. Mr. Baier said that it would have to be provided to all customers, whether new or existing.

Mr. Ticktin reported that the 2009 assessment increase had been adopted and would appear in the April 20, 2009 issue of the New Jersey Register, to be operative on July 1, 2009.

b. Self-serve exchange cabinets: Ms. Wilk stated that the Division of Codes and Standards had discussed the issue of whether an attendant is required with the Division of Fire Safety. Both the LPG rules and the Uniform Fire Code require that a trained person be on-site. Mr. Stocker said that the training requirement only applies to those who handle cylinders, but that no trained person has to be there if consumers take out the cylinders themselves. Mr. Curcio said that a person trained to deal with leaks has to be there. Mr. Leahy said that the real problem arises when the old cylinder is put back into the cabinet, since it can be unsafe or leaking. Mr. Curcio said that there have been cases of people putting cylinders into cabinets upside-down. Ms. Wilk said that the Uniform Fire Code requires that cabinets be attended and that copies of the relevant fire code provisions would be provided to the LPG board. Mr. Curcio said that we want to make the LPG rules follow the fire code. He also said that the problem is not with the box stores, which are adequately staffed. Rather, it is with cabinets that are put down anywhere, regardless of whether there is a responsible trained person there. Ms. Wilk said that they are only allowed to be used if there is a trained attendant present.

c. Accidents: Mr. Baier reported that there had been a tent fire in Lakewood involving a propane heater. He also stated there was a fire in California caused by someone not realizing that a propane tank was full and a fire in a kennel in West Virginia involving delivery of propane.

Board Comments: Mr. Curcio stated that the NJPGA wanted to present an award to Director-Emeritus Bill Connolly and asked how he could be contacted. Ms. Wilk said that we would give Mr. Curcio Mr. Connolly’s address.

Next meeting: The next meeting is scheduled for May 12, 2009. Subsequent meetings are tentatively scheduled for October 20, 2009 and December 15, 2009.

MINUTES OF THE MAY 12, 2009 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, led by Thomas Leahy.

Board members present: William P. Curcio (Chairman), Larry A. Horowitz, Gerard C. Stocker, Thomas A. Leahy, Gene Dougherty, William Neill

Board members absent: William E. Rieger, Jr. (Vice Chairman), Dianne McCarthy,

Department staff present: Director Cynthia A. Wilk, Acting Bureau Chief Michael Baier, Michael L. Ticktin, John Tomasone, Carrie Battista, Amy Fenwick Frank

Member of the public present: None

Agenda: The agenda was approved without objection.

Public comments: None

Approval of minutes: The minutes of the March 17, 2009 meeting were reviewed. Mr. Curcio said that direct quotes should not be included as such unless there is a transcript of the meeting. Mr. Neill asked that acronyms, such as NJPGA (New Jersey Propane Gas Association), be spelled out the first time that they are used. With these revisions to be made, the minutes were approved without objection.

Committee Reports: None

Old Business:

a. Temporary Heat Education Campaign: Mr. Curcio plans to meet with Mr. Merrill on this subject.

b.TCPA (Toxic Catastrophe Protection Act) update: Mr. Curcio reported that he and his committee had met with the DEP (Department of Environmental Protection) to discuss the applicability of TCPA to propane facilities. According to DEP, propane will be subject to TCPA only in the scope of the federal legislation. This would exclude propane being sold at retail or used for heating. For propane plants adjacent to plants covered under TCPA, the propane plant will be included in the risk management plan of the adjacent plant. Propane will not be classified as a toxic substance, and inspections by DEP and by DCA (Department of Community Affairs) will be coordinated so that DCA will inspect every third year and DEP will inspect in years when DCA does not inspect. DEP inspections are not an adequate substitute for DCA inspections because DEP does not inspect for all of the things that DCA inspects for. There are 16 facilities that use propane that will be subject to DEP inspection. Mr. Stocker asked that Mr. Curcio’s letter on this subject be distributed with the minutes.

c. Revision of inspection checklists: Mr. Baier presented a draft of the revised checklist will all changes identified, as had been requested at the March 17th meeting. Mr. Curcio requested a clean copy of the checklists.

d. Certification – Meeting with Plumbers: Ms. Wilk reported that a meeting with representatives of the Division of Consumer Affairs, which oversees the Board of Master Plumbers, is scheduled to be held on May 13 th to discuss continuing education and apprentice training for plumbers regarding propane. A meeting of representatives of the Master Plumbers and LPG (liquefied petroleum gas) boards is being planned. Ms. Wilk recommended that an extension of time be allowed for plumbers to meet the training requirements. Mr. Curcio agreed that a six month extension should be granted, without objection from any other members of the board.

e. Certification – other than plumbers: Mr. Baier pointed out that, under the rules as adopted a licensed marketer only has to have one person certified. Mr. Curcio said that it is necessary to revisit the rules to consider whether stricter rules are needed, since employees of marketers should be required to have the same CETP (Certified Employee Training Program) training as persons employed by non-marketers who handle propane equipment or appliances. Mr. Curcio asked that a rule amendment deleting the exemption for licensed marketers be drafted for consideration at the next meeting.

f. Permit process—change of companies: Mr. Curcio said that a pressure test is required for new accounts and a permit should therefore be required. Ms. Wilk pointed out the UCC (Uniform Construction Code) does not address change of companies, since it is the nature of the work, not who does it, that matters. Mr. Curcio said that the issue must be resolved for safety reasons, since untrained people are now doing this work, and that a leak test is required if the tank is changed. Mr. Baier said that such a requirement is not in the code, and that no pressure test is required unless there is a change in the piping arrangement. Ms. Wilk said that either everyone needs a permit for the work or no one needs it. Mr. Curcio said that the LPG rules should be changed to require a pressure test when there is a change of companies. Mr. Baier will present the text of such a proposal at the next meeting.

g. Consumer Protection Act: Documents must be submitted for Department review by July 1. It was suggested that the New Jersey Propane Gas Association send out a reminder.

New Business: Mr. Stocker distributed a brochure from New York entitled “Controlling Propane Emergencies” and recommended that a similar brochure be prepared for distribution in New Jersey.

Information:

a. Status of Rulemaking Activity: Notice of theadoption of the 2009 assessment rule appeared in the April 20, 2009 issue of the New Jersey Register, to be operative on July 1, 2009. Mr. Curcio asked if notice was given to all marketers and importers of LPG. Mr. Tomasone said that DCA sends notices to everyone known to be subject to the assessment.

b. Accidents: News clippings were distributed to the board concerning a fire involving a propane tank caused by a man cooking inside his garage in Bergenfield, as well as fires and explosions in Kansas, Utah, North Carolina, Colorado, California, Washington and Florida that were determined or suspected to have been caused by propane leaks. On a more positive note, one of the clippings concerned the approval of the purchase of the first propane-powered school bus in Kansas. Mr. Curcio supplied information on an incident in Vernon.

Board Comments: Mr. Stocker questioned how coin- or card-operated exchange cabinets that are opened by the purchaser, rather than by a trained attendant, can be allowed under the Uniform Fire Code. The question will be referred to the Fire Safety Commission and the Division of Fire Safety.

Next meeting: The next meeting is scheduled for October 20, 2009. The subsequent meeting is tentatively scheduled for December 15, 2009.

Adjournment: The meeting adjourned at 3:08 p.m.

Respectfully submitted,

Michael L. Ticktin, Board Secretary