reglab/statecodes huggingface dataset:
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 18 - LIQUEFIED PETROLEUM GAS › Subchapter 1 - GENERAL PROVISIONS › Section 5:18-1.5 - Inspection of LPG systems by the Division

Current through Register Vol. 56, No. 14, July 15, 2024
(a) All LPG systems of
				greater than 2,000 gallons water capacity vapor delivery service, all liquid
				withdrawal service systems, and all fill plants shall be inspected annually by the
				Division, with the exception of LPG systems meeting the requirements of N.J.A.C.
				5:18-9, which shall be subject to a triennial audit, and those subject to local
				inspection, as set forth in
				N.J.A.C.
				5:18-1.2(c).
(b) Upon successful completion of an initial
				inspection by the Division, a site-specific certificate of operation shall be
				issued.
(c) The certificate of operation
				shall indicate that the LPG system is in compliance with the applicable requirements
				of this chapter and shall be posted at a conspicuous location where representatives
				of the Division and members of the public may inspect it.
(d) Failure to remove any violations found as a
				result of an inspection made by the Division shall result in issuance of a written
				notice to abate the violations. Correction of violations shall be done in accordance
				with
				N.J.A.C.
				5:18-7.3.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 18 - LIQUEFIED PETROLEUM GAS › Subchapter 1 - GENERAL PROVISIONS › Section 5:18-1.6 - Container markings

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Containers of 100 pounds product capacity or
				more shall be legibly marked "FLAMMABLE GAS" and the name of the gas to indicate
				contents, such as "FLAMMABLE GAS--PROPANE" or "FLAMMABLE GAS--BUTANE," except as
				provided in (b) below. Compliance with the marking requirements of Title 49 of the
				Code of Federal Regulations shall be accepted as meeting this requirement.
1. Exception: Container marking shall not be
				required for containers at one or two-family residential properties.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 18 - LIQUEFIED PETROLEUM GAS › Subchapter 1 - GENERAL PROVISIONS › Section 5:18-1.7 - Reporting emergency situations

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The LP-Gas supplier,
				owner or operator shall respond when notified to all LP-Gas emergencies occurring at
				his systems and shall maintain a 24-hour phone service.
(b) Whenever there is a fire or explosion or
				accident involving the public that results in serious injury or loss of life or
				significant property damage from liquefied petroleum gas, the Division shall be
				notified in writing by the user/owner before the end of the first working day
				following the incident.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 18 - LIQUEFIED PETROLEUM GAS › Subchapter 3 - NFPA 58 SYSTEMS › Section 5:18-3.1 - Standards adopted by reference

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Liquefied
				Petroleum Gas Code, "NFPA 58-2017," is hereby adopted by reference with the
				following modifications:
1. The following
				amendments are made to Chapter 1 of NFPA 58 entitled "Administration":
i. Section 1.3.1 is deleted.
ii. Section 1.3.2 is deleted.
iii. Section 1.4.1 is deleted and the requirements
				of
				5:18-1.1(c)
				 shall be substituted in lieu thereof.
iv. Section 1.4.2 is deleted and the provisions of
				5:18-1.1(c)
				 shall be substituted in lieu thereof.
v. Section 1.4.3 is deleted and the provisions of
				5:18-1.3(m)
				 shall be substituted in lieu thereof.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 18 - LIQUEFIED PETROLEUM GAS › Subchapter 3 - NFPA 58 SYSTEMS › Section 5:18-3.2 - Container markings

Current through Register Vol. 56, No. 14, July 15, 2024
All containers shall be marked in accordance with
				  5:18-1.6.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 18 - LIQUEFIED PETROLEUM GAS › Subchapter 3 - NFPA 58 SYSTEMS › Section 5:18-3.3 - Container storage

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Containers shall be installed outside of
				buildings, except as provided in
				5:18-3.1(a), whether of
				the portable type replaced on a cylinder exchange basis or permanently installed and
				refilled at the installation.
(b)
				Containers installed outside of buildings shall be located with respect to property
				lines other than public ways, buildings, or bulk storage of hazardous materials in
				accordance with Table 6.4.1.1 of the Liquefied Petroleum Gas Code, NFPA 58-2017.
1. The term "buildings" as used in this subsection
				shall not be construed to include the buildings described in paragraph 6.4.3.1 of
				the referenced standard.
2. The term
				"hazardous materials" as used in this subsection shall recognize the specific
				requirements for the specific hazardous materials described in paragraphs 6.5.3.6,
				6.5.3.7, 6.4.3.8, 6.5.3.9, and 6.5.3.11 of the referenced standard.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 18 - LIQUEFIED PETROLEUM GAS › Subchapter 3 - NFPA 58 SYSTEMS › Section 5:18-3.4 - Distributing points, distribution plants, and industrial plants

Current through Register Vol. 56, No. 14, July 15, 2024
(a) This section shall
				apply to the following:
1. Distributing points of
				any capacity; or
2. Distributing plants
				of any capacity; or
3. Industrial plants
				of 2,000 gallons aggregate water capacity or more.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 18 - LIQUEFIED PETROLEUM GAS › Subchapter 3 - NFPA 58 SYSTEMS › Section 5:18-3.5 - Standby and peak shaving plants

Current through Register Vol. 56, No. 14, July 15, 2024
(a) In any system
				requiring venting of LP-Gas or LP-Gas-air-mixtures, the gases shall be flared or
				disposed of in a manner approved by the Commissioner.
(b) A flare stack shall be provided at least 25
				feet away from hazardous locations such as storage, loading or unloading and filling
				areas.
(c) The flare shall have a
				separate gas pilot line with spark ignited burner.
(d) A flash back preventer shall be installed in
				the flare line or stack.
(e) These
				systems shall be designed in accordance with safe operating, inspection and
				maintenance procedures and in accordance with all applicable provisions of these
				rules.
(f) LP-Gas standby systems shall
				be designed to maintain the required BTU value of the gas-air mixture within the
				operating limitations of the system.
(g)
				The LP-Gas system capacity turn down ratio shall be such that no prolonged burning
				at the flare stack is necessary.
(h)
				Standby systems shall be protected by safety devices and alarms that will shut down
				the system and notify plant personnel if loss of pressure or overpressure occurs in
				the mixed gas line or in either the gas or air line.
(i) Propane shall not be substituted for butane
				nor butane for propane in any standby or peak shaving system unless the system was
				designed for the substitute gas and has the approval of the Commissioner.
(j) Plant operating personnel shall be instructed
				in procedures for safe operation and emergency shut down.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 18 - LIQUEFIED PETROLEUM GAS › Subchapter 3 - NFPA 58 SYSTEMS › Section 5:18-3.6 - Cylinder exchange cabinets

Current through Register Vol. 56, No. 14, July 15, 2024
(a) In addition to
				complying with the requirements of Chapter 8 of the Liquefied Petroleum Gas Code,
				NFPA 58-2017, the operator of every location providing LPG cylinder exchange
				cabinets shall:
1. Ensure that exchange cylinders
				are properly secured at all times by locking them within a receptacle designed for
				this purpose and that proper ventilation is maintained at all times;
2. Ensure that all cylinders are stored in the
				exchange cabinet in an upright position with the valve outlet plugged and that no
				cylinders are left unattended or in an open area away from the protected area of the
				exchange cabinet or in any other location;
3. Comply with all provisions of section 6109 of
				the Fire Prevention Code, N.J.A.C. 5:70-3;
4. Ensure that cylinder exchange cabinets are set
				on a secure, non-combustible base and are located at least 20 feet from any building
				opening or source of ignition and are not located or stored within a
				structure;
5. Comply with the maximum
				cylinder size and distance requirements specified in the Uniform Fire Code, N.J.A.C.
				5:70;
6. Ensure that the following
				information is on signs affixed to the cabinet:
i.
				"Propane" or "Flammable Gas";
ii. "No
				Smoking";
iii. A 24-hour emergency
				telephone number; and
iv. Location of
				fire extinguisher(s);
7.
				Ensure that all full cylinders placed in the cabinet have a proper consumer warning
				label affixed, are re-qualified as per NFPA-58, Appendix C, and are painted a light
				reflecting color;
8. Ensure that a
				warning sign is posted at or near each entrance doorway stating that "LP-GAS
				EXCHANGE CYLINDERS EMPTY OR FULL, SHALL NOT BE TAKEN INDOORS FOR ANY
				REASON.";
9. Ensure that all employees
				who exchange cylinders are properly trained and know how to check for leaks and what
				emergency procedures to follow if a leak is discovered. Only properly trained
				employees shall remove cylinders from or place cylinders in the cylinder exchange
				cabinet. This training shall be as approved by the Division and in accordance with
				these rules; and
10. Ensure that, when
				exchanging cylinders, the employee affixes a label to the collar of the cylinder
				that includes the following warning printed in English and in Spanish: "Flammable
				Gas--Never Use or Store Indoors/Gas Inflammable--Nunca Se Use o Guarde Adentro." In
				addition to this written warning, a label that graphically depicts the prohibition
				on bringing a cylinder indoors shall be affixed to the collar of the
				cylinder.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 18 - LIQUEFIED PETROLEUM GAS › Subchapter 3 - NFPA 58 SYSTEMS › Section 5:18-3.7 - Unsafe container or system

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Any system or
				container that does not comply with the requirements of this chapter or any
				standards incorporated by reference and that constitutes an immediate threat to
				safety shall be designated as unsafe by the Division by means of a tag prohibiting
				use that shall include the inspector's name and the date of inspection.
(b) Any system or container that has been tagged
				so as to prohibit use shall not be used until all deficiencies have been corrected.
1. The owner of any system or container thus
				tagged shall be notified immediately by the Division and provided with a copy of the
				inspection report in which the deficiencies are indicated.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 18 - LIQUEFIED PETROLEUM GAS › Subchapter 4 - NFPA 59 SYSTEMS › Section 5:18-4.1 - Standards adopted by reference

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Utility LP-Gas Plant
				Code, NFPA 59-2018, is hereby adopted by reference, except that:
1. The phrase "which can be built upon" shall be
				deleted; and
2. Only technical standards
				relating to public health and safety are adopted by reference. The administrative
				and reporting procedures of the referenced standard are not adopted and are replaced
				by the administrative provisions of this chapter.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 18 - LIQUEFIED PETROLEUM GAS › Subchapter 4 - NFPA 59 SYSTEMS › Section 5:18-4.2 - Container markings

Current through Register Vol. 56, No. 14, July 15, 2024
Containers of liquefied petroleum gases at utility gas plants
				  shall be marked in accordance with
				  5:18-1.6.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 18 - LIQUEFIED PETROLEUM GAS › Subchapter 4 - NFPA 59 SYSTEMS › Section 5:18-4.3 - Container storage

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Containers of liquefied petroleum gases at
				utility gas plants shall be located with regard to property lines other than a
				public way, buildings, or bulk storage of hazardous materials in accordance with the
				applicable schedule of Utility LP-Gas Plant Code , NFPA 59-2018.
(b) Containers of liquefied petroleum gases at
				utility gas plants shall be located with regard to the near side of a public way in
				accordance with the applicable schedule for above ground containers of Utility
				LP-Gas Plant Code, NFPA 59-2018.
(c)
				When the required distance from a property line to an LP-Gas container cannot be
				obtained, the Commissioner may approve a lesser distance if some other approved
				means of protection is provided for the system and reasonable protection for the
				health and safety of the public is maintained.
(d) In case of storage in heavily populated areas
				or congested areas, or near places of public assembly, the Commissioner may require
				the owner to submit a risk analysis based on a recognized standard and may impose
				restrictions on individual tank capacity, total storage, distance to property lines,
				and other reasonable protective measures.
(e) Storage areas having LP-Gas containers shall
				be posted with adequate "NO SMOKING" and "FLAMMABLE GAS" signs legibly marked. The
				"FLAMMABLE GAS" sign shall be marked "FLAMMABLE GAS" and the name of the gas to
				indicate the contents such as "FLAMMABLE GAS-PROPANE" or "FLAMMABLE
				GAS-BUTANE".
(f) Storage containers
				shall not be placed under an electric power service transmitting voltage in excess
				of 240 volts or within six feet of a line projected vertically from any edge of the
				container.
(g) Aboveground containers
				exceeding 2,000 gallons individual water capacity shall be oriented so that their
				longitudinal axes do not point toward other LP-Gas containers within that
				installation.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 18 - LIQUEFIED PETROLEUM GAS › Subchapter 4 - NFPA 59 SYSTEMS › Section 5:18-4.4 - Fencing

Current through Register Vol. 56, No. 14, July 15, 2024
The LP-Gas system shall be enclosed within an industrial type
				  fence at least six feet high with at least two egress gates opening outward and
				  remotely located from each other, or be within an approved fenced plant area and
				  protected from tampering.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 18 - LIQUEFIED PETROLEUM GAS › Subchapter 4 - NFPA 59 SYSTEMS › Section 5:18-4.5 - Fire protection

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Suitable roadways or
				means of access for extinguishing equipment, such as wheeled extinguishers or fire
				department apparatus, shall be provided.
(b) Approved extinguishers of adequate capacity of
				the carbon dioxide or dry chemical type shall be provided at strategic locations,
				such as storage sites, unloading and loading racks, filling or charging locations,
				pump, compressor and vaporizer locations.
(c) The Commissioner may require reasonable fire
				protection facilities for LP-Gas installations exceeding 4,000 gallons aggregate
				water capacity.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 18 - LIQUEFIED PETROLEUM GAS › Subchapter 5 - API 2510 INSTALLATIONS › Section 5:18-5.1 - Standards adopted by reference

Current through Register Vol. 56, No. 14, July 15, 2024
(a) API 2510-2001,
				"Design and Construction of Liquefied Petroleum Gas (LPG) Installations," is hereby
				adopted by reference for the design and construction of liquefied petroleum gas
				(LPG) installations at marine and pipeline terminals, refineries , petrochemical
				plants, and tank farms, except that:
1. The phrase
				"that may be developed" shall be deleted;
2. Only the technical standards relating to public
				health and safety are adopted by reference. The administrative and reporting
				procedures of the referenced standard are not adopted and are replaced by the
				administrative provisions of this chapter; and
3. NFPA 58-2017 may be used as the standard for
				those areas not specifically addressed by API 2510-2001, provided that the
				provisions of NFPA 58 do not conflict with the intent of API 2510-2001.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 18 - LIQUEFIED PETROLEUM GAS › Subchapter 5 - API 2510 INSTALLATIONS › Section 5:18-5.2 - Container markings

Current through Register Vol. 56, No. 14, July 15, 2024
Containers of liquefied petroleum gases at marine and pipeline
				  terminals, refineries, petrochemical plants and tank farms shall be marked in
				  accordance with 5:18-1.6.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 18 - LIQUEFIED PETROLEUM GAS › Subchapter 5 - API 2510 INSTALLATIONS › Section 5:18-5.3 - Container storage

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Siting of containers
				shall conform with section 5 of API 2510-2001.
(b) In case of storage in heavily populated areas
				or congested areas, or near places of public assembly, the Commissioner may require
				the owner to submit a risk analysis based on a recognized standard and may impose
				restrictions on individual tank capacity, total storage, distance to property lines,
				and other reasonable protective measures.
(c) Storage areas having liquefied petroleum gas
				containers shall be posted with adequate "NO SMOKING" and "FLAMMABLE GAS" signs
				legibly marked. The "FLAMMABLE GAS" sign shall be marked "FLAMMABLE GAS" and the
				name of the gas to indicate the contents such as "FLAMMABLE GAS--PROPANE" or
				"FLAMMABLE GAS--BUTANE".
(d) Storage
				containers shall not be placed under an electric power service transmitting voltage
				in excess of 240 volts or within six feet of a line projected vertically from any
				edge of the container.
(e) Above-ground
				containers exceeding 2,000 gallons individual water capacity shall be oriented so
				that their longitudinal axes do not point toward other liquefied petroleum gas
				containers within that installation.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 18 - LIQUEFIED PETROLEUM GAS › Subchapter 5 - API 2510 INSTALLATIONS › Section 5:18-5.4 - Fencing

Current through Register Vol. 56, No. 14, July 15, 2024
The liquefied petroleum gas system shall be enclosed within an
				  industrial type fence at least six feet high with at least two egress gates opening
				  outward and remotely located from each other, or be within an approved fenced plant
				  area and protected from tampering.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 18 - LIQUEFIED PETROLEUM GAS › Subchapter 6 - RELEASE OF PLANS OR SUBMITTAL OF NOTICE OF LP-GAS INSTALLATION AND APPROVAL OF NEW LP-GAS SYSTEMS › Section 5:18-6.1 - Submittal of plans

Current through Register Vol. 56, No. 14, July 15, 2024
(a) As required in (b) below, at least three sets
				of plans shall be filed with the New Jersey Department of Community Affairs,
				Division of Codes and Standards, PO Box 821, Trenton, New Jersey 08625-0821 prior to
				construction or installation of a proposed LP-Gas system or a substantial alteration
				to an existing system. Following plan release by the Division, one set of plans
				shall be submitted by the applicant to the local construction official in the
				municipality where the LPG system will be located.
(b) These plans shall be filed for:
1. An LP-Gas system with an aggregate water
				capacity of over 2,000 gallons;
i. Exception:
				Plans shall not be required for LP-Gas systems with an aggregate water capacity of
				over 2,000 gallons that will remain in place for six months or less. However, these
				temporary systems shall be subject to the inspection and notice requirements of
				5:18-6.3 and 6.4; or
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 18 - LIQUEFIED PETROLEUM GAS › Subchapter 6 - RELEASE OF PLANS OR SUBMITTAL OF NOTICE OF LP-GAS INSTALLATION AND APPROVAL OF NEW LP-GAS SYSTEMS › Section 5:18-6.2 - Release of plans

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Division shall issue a letter of plan
				release after the plans have been examined and found to be in compliance with the
				applicable requirements of this chapter.
(b) Two copies of plans released by the Division
				shall be retained by the Division for its inspection service and official records.
				All other copies shall be returned to the applicant or professional engineer of
				record.
1. The Division shall provide written
				notification to the local construction official whenever it releases a
				plan.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 18 - LIQUEFIED PETROLEUM GAS › Subchapter 6 - RELEASE OF PLANS OR SUBMITTAL OF NOTICE OF LP-GAS INSTALLATION AND APPROVAL OF NEW LP-GAS SYSTEMS › Section 5:18-6.3 - Approval of new LP-Gas system

Current through Register Vol. 56, No. 14, July 15, 2024
(a) All new LP-Gas
				systems for which plans are required pursuant to
				N.J.A.C. 5:18-6.1
				and all systems of over 2,000 gallons aggregate water capacity that will remain in
				place for six months or less shall be subject to inspection by the Division, after
				erection, to ensure that the LP-Gas facility is constructed in accordance with the
				requirements of this chapter. The inspection shall be performed after receipt of
				notification of completion from the professional engineer of record, who shall
				submit the completed application form and a letter of completion to the Division.
				The inspection shall be made within seven business days of receipt of a request for
				inspection by the Division. If the erected site conforms to the requirements of this
				chapter, a certificate of approval shall be issued to the applicant or the
				professional engineer of record.
1. Exception: An
				engineering report shall not be required for systems that will remain in place for
				six months or less. For such systems, the applicant shall submit a request for
				inspection to the Division.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 18 - LIQUEFIED PETROLEUM GAS › Subchapter 6 - RELEASE OF PLANS OR SUBMITTAL OF NOTICE OF LP-GAS INSTALLATION AND APPROVAL OF NEW LP-GAS SYSTEMS › Section 5:18-6.4 - Submittal of notice of LP-Gas installation

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A notice of LP-Gas
				installation shall be filed for all temporary heating installations using one or
				more tanks of 250 gallons or more water capacity.
(b) The notice of LP-Gas installation required by
				(a) above shall be filed with the Division upon installation of any heating
				equipment or system using one or more tanks of 250 gallons or more water capacity
				that will remain in place for six months or less.
(c) The notice of LP-Gas installation shall be
				filed with the New Jersey Department of Community Affairs, Division of Codes and
				Standards, PO Box 821, Trenton, New Jersey 08625-0821.
(d) The notice of LP gas installation shall
				contain the following information:
1. Name of
				owner and user of the LP-Gas installation;
2. Street address of installation;
3. Municipality and county where installation is
				located;
4. Telephone number of user of
				LP-Gas installation; and
5. Number and
				size of LP-Gas containers.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 18 - LIQUEFIED PETROLEUM GAS › Subchapter 7 - VIOLATIONS, ADMINISTRATIVE PENALTIES AND HEARINGS › Section 5:18-7.1 - Violations/penalties

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Any person, firm,
				association or corporation who violates any of the provisions of the Act, or of the
				rules adopted thereunder, shall be liable for a penalty of not less than $ 50.00,
				nor more than $ 500.00.
(b) Each day
				during which any violation of the Act or the rules adopted thereunder continues
				shall constitute an additional, separate and distinct offense.
(c) In assessing the amount of the penalty to be
				imposed pursuant to the Act and to this chapter, the Commissioner shall consider the
				following factors, where applicable, in determining what constitutes an appropriate
				penalty for the particular cited violation:
1. The
				seriousness of the cited violation;
2.
				The past record of compliance with the provisions of the Act, and the rules adopted
				thereunder, by the alleged violator;
3.
				The degree of cooperation afforded to the Commissioner's representatives by the
				alleged violator in securing compliance with the provisions of the Act and rules
				adopted thereunder; and
4. Whether the
				cited violation was willful in nature.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 18 - LIQUEFIED PETROLEUM GAS › Subchapter 7 - VIOLATIONS, ADMINISTRATIVE PENALTIES AND HEARINGS › Section 5:18-7.2 - Hearings

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Whenever a notice of
				violation and/or penalty is levied pursuant to this chapter, the alleged violator
				shall be provided with:
1. Notification of the
				violation;
2. The amount of the penalty
				to be imposed; and
3. An opportunity to
				request a formal hearing.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 18 - LIQUEFIED PETROLEUM GAS › Subchapter 7 - VIOLATIONS, ADMINISTRATIVE PENALTIES AND HEARINGS › Section 5:18-7.3 - Correction of violations

Current through Register Vol. 56, No. 14, July 15, 2024
(a) In addition or as an
				alternative to the penalties set forth in
				5:18-7.1, any person, firm or
				corporation who violates, or remains in violation of any of the provisions of the
				Act, or the rules adopted thereunder, may be directed and ordered by the
				Commissioner, by way of a written notice, to take the remedial steps necessary to
				correct the cited violation. Such notice shall be:
1. Served personally upon the alleged violator;
				or
2. Mailed by registered or certified
				mail to:
i. The principal office of the person,
				firm or corporation; or
ii. If the
				alleged violator is an individual, or are individuals, such notice shall be mailed
				to his or her, or their residence.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 18 - LIQUEFIED PETROLEUM GAS › Subchapter 8 - ANNUAL ASSESSMENTS AND FEES FOR INSPECTIONS OF FACILITIES USING NON-ODORIZED LP-GAS › Section 5:18-8.1 - Amount of annual assessment

Current through Register Vol. 56, No. 14, July 15, 2024
Beginning October 6, 2014, and in every State fiscal year
				  thereafter, there shall be an annual assessment levied upon liquefied petroleum gas
				  in the amount of one-half of one cent per gallon.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 18 - LIQUEFIED PETROLEUM GAS › Subchapter 8 - ANNUAL ASSESSMENTS AND FEES FOR INSPECTIONS OF FACILITIES USING NON-ODORIZED LP-GAS › Section 5:18-8.2 - Payment of annual assessment

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The owner of
				liquefied petroleum gas immediately prior to odorization shall be responsible for
				the payment of the assessment on the volume of liquefied petroleum gas at the time
				of import or odorization, whichever is earlier.
(b) All assessments shall be payable to
				"Treasurer, State of New Jersey" and shall be remitted to the Division of Codes and
				Standards, PO Box 821, Trenton, NJ 08625-0821 on a semi-annual basis on or before
				the 25th day of January and on or before the 25th day of July of each
				year.
(c) A penalty of five percent
				shall be added to all payments received by the Division after the 25th day of the
				month following the end of the quarter.
(d) In addition to the penalty imposed under (c)
				above, interest at an annual rate of 12 percent shall be added to all payments
				received by the Division 30 days or more after the 25th day of the month following
				the end of the quarter.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 18 - LIQUEFIED PETROLEUM GAS › Subchapter 8 - ANNUAL ASSESSMENTS AND FEES FOR INSPECTIONS OF FACILITIES USING NON-ODORIZED LP-GAS › Section 5:18-8.3 - Forms

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The following forms,
				which are incorporated by reference as Appendix B of this chapter, shall be used for
				the purposes indicated:
1. Remittance Report
				(LPG-1);
2. Odorizer or Importer
				Registration (LPG-2);
3. Load Exemption:
				Certificate of LPG Destined for Export (LPG-3);
4. LPG Usage Report (LPG-4);
5. Assessment Refund Request (LPG-5);
				and
6. Odorization Report for Terminal
				Operators (LPG-6)
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 18 - LIQUEFIED PETROLEUM GAS › Subchapter 8 - ANNUAL ASSESSMENTS AND FEES FOR INSPECTIONS OF FACILITIES USING NON-ODORIZED LP-GAS › Section 5:18-8.4 - Fees for inspections of LP-Gas facilities using non-odorized LP-Gas

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Facilities using or
				distributing non-odorized LP-Gas that are subject to either an annual inspection or
				a triennial audit under these regulations shall be subject to an inspection
				fee.
(b) Fees for inspection of
				non-odorized facilities shall be based on the time and number of staff needed to
				perform the inspection. A fee of $ 250.00 dollars per inspector shall be assessed
				for all inspections of non-odorized facilities. For inspections that take more than
				one-half day (four hours on site) an additional fee of $ 40.00 for each inspector
				hour on site shall be charged.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 18 - LIQUEFIED PETROLEUM GAS › Subchapter 9 - QUALITY CONTROL AND MAINTENANCE AUDITS › Section 5:18-9.1 - Registration of LPG bulk and industrial plants

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The owner or
				operator of a LP-Gas facility, including producers, bulk plants and industrial
				plants of 10,000 gallons water capacity or more, gas utility plants, marine or
				pipeline terminals, or tank farms, shall register with the Division on forms
				provided by the Division.
(b) The
				registration shall include information as to all locations at which odorized or
				unodorized LP-Gas is stored or sold by the business, whether at the facility or
				elsewhere.
(c) Each registration shall
				indicate the name and address of the New Jersey office or New Jersey residence of
				the LPG system's owner or the owner's representative; the owner or the owner's
				representative must reside or have an office in the State of New Jersey to accept
				service of process.
(d) It shall be the
				responsibility of the owner to notify the Department of any change in the identity,
				mailing address, office or residence address or phone number of the owner or
				representative. Any change shall be reported to the Department in writing within 30
				days of the change.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 18 - LIQUEFIED PETROLEUM GAS › Subchapter 9 - QUALITY CONTROL AND MAINTENANCE AUDITS › Section 5:18-9.2 - Quality control manual and records

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The owner or
				operator of a facility required to be registered pursuant to
				N.J.A.C.
				5:18-9.1shall prepare, maintain, and follow a
				quality control manual, which shall, at a minimum, include the following:
1. A cover sheet indicating the full name of the
				owner and operator and the street address of the facility;
2. An organization chart detailing the lines of
				communication and authority and identifying the individual, who shall be a senior
				company official, who is responsible for implementation of the quality control
				manual;
3. A complete site plan for each
				registered facility and a process flow diagram that illustrates piping, valves,
				equipment, and emergency shutdowns of the facility;
4. A description of a training program for LPG
				handling and safety approved by the Division of Codes and Standards. The training
				program shall meet the following requirements:
i.
				There shall be ongoing training for all individuals involved in the operation and
				maintenance of LPG equipment; and
ii.
				All training shall be consistent with national standards for LPG safety training and
				with this chapter;
5.
				Standard operating procedures (SOP) and checklists for each facility in order to
				ensure, at a minimum, safe operation. Any such SOP or checklist shall include, where
				applicable, but not be limited to, the following:
i. Filling, refilling and/or venting
				containers;
ii. Delivery of LPG to any
				location. A checklist shall be provided to each driver and, when requested, to the
				Division inspector, to ensure that proper procedures, as required by this chapter,
				are followed;
iii. Evacuation of
				cylinders;
iv. Emergency
				procedures;
v. Accident reporting and
				documentation;
vi. Installation
				guidelines and standards for every type of container;
vii. Repair or reconditioning of vessels;
				and
viii. Testing, repair and
				maintenance of pressure relief valves and other control or flow devices;
6. Documentation of compliance with the
				NJDEP Risk Management Program, if applicable, including details specific to the
				following:
i. Plant safety information, including
				hazard review scenarios with both normal and emergency shutdown
				procedures;
ii. System operating
				procedures;
iii. Employee
				training;
iv. Maintenance procedures and
				programs;
v. Compliance
				audits;
vi. Plant fire safety analysis;
				and
vii. Incident
				investigations;
7.
				Documentation assuring that only acceptable materials are used for new, existing or
				replacement systems and that all required materials are properly identified when
				received; and
8. Nonconformance reports
				documenting all conditions not conforming to this chapter and ensuring that any
				problems identified through procedures, controls, inspections, specifications or
				testing are effectively corrected and documented.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 18 - LIQUEFIED PETROLEUM GAS › Subchapter 9 - QUALITY CONTROL AND MAINTENANCE AUDITS › Section 5:18-9.3 - Pressure vessel maintenance, repair and alteration

Current through Register Vol. 56, No. 14, July 15, 2024
Any pressure vessel code item shall be maintained, repaired and
				  altered in accordance with the original code of construction, the National Board
				  Inspection Code, the applicable ASME code and this chapter.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 18 - LIQUEFIED PETROLEUM GAS › Subchapter 9 - QUALITY CONTROL AND MAINTENANCE AUDITS › Section 5:18-9.4 - Certificates of operation and audits

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The owner or
				operator of a facility required to be registered pursuant to
				N.J.A.C.
				5:18-9.1shall be audited by the Division
				triennially after a satisfactory initial audit.
(b) Upon successful completion of an initial
				audit, the Division shall issue a site-specific certificate of operation, which
				shall be valid for three years.
(c) The
				certificate of operation shall indicate that the facility is in compliance with all
				applicable requirements of this chapter and shall be posted at a conspicuous
				location within the facility where it may be inspected by representatives of the
				Division and members of the public.
(d)
				In the event that an audit is not successful, an owner or operator shall be given 30
				days to address all identified deficiencies. Subsequent audits shall be made as
				necessary in order to verify compliance with all applicable requirements.
1. The owner or operator may apply for, and the
				Division may grant, an extension of time to address deficiencies if the Division
				finds that such extension is needed, that the owner is making a good faith effort to
				correct deficiencies and that there is no threat to public health or
				safety.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 18 - LIQUEFIED PETROLEUM GAS › Subchapter 10 - LICENSING › Section 5:18-10.1 - Licenses required

Current through Register Vol. 56, No. 14, July 15, 2024
(a) No person, firm, or corporation shall engage
				in the business of marketing LP-Gas within the State of New Jersey without being
				licensed to do so by the Division.
(b) A
				license issued by the Division shall be valid for a period of 36 months.
(c) No license shall be issued to any person, firm
				or corporation that does not maintain general liability insurance in an amount of
				not less than $ 5,000,000.
(d) No
				license shall be issued to any person, firm or corporation that markets LP-Gas and
				does not maintain either an adequate storage capacity for customers or contract(s)
				with other marketers to provide LP-Gas.
(e) Retention and reissuance of a license shall be
				contingent upon satisfactory completion of all audits required pursuant to this
				chapter.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 18 - LIQUEFIED PETROLEUM GAS › Subchapter 10 - LICENSING › Section 5:18-10.2 - Application for licensure; fees

Current through Register Vol. 56, No. 14, July 15, 2024
(a) An application for
				licensure shall be submitted on a form provided by the Division and shall include
				the following information:
1. The name of the
				business;
2. The names, addresses and
				telephone numbers of the officers, directors, partners or proprietors of the
				business;
3. The activities having to do
				with LP-Gas in which the business is engaged in the State of New Jersey;
4. Proof of insurance as required by
				5:18-10.1(c);
5. The location(s) at which or from which each
				such activity is conducted and the LP-Gas storage capacity at each such location or
				information on contracts with other marketers to provide LP-Gas;
6. Emergency contact information in conformance
				with 5:18-1.7;
7. A listing of all persons employed by the
				business who are in any way engaged in handling LP-Gas, together with the locations
				at which they work and Certified Employee Training Program (CETP) of the National
				Propane Gas Association certifications held by them;
8. A statement indicating whether or not the
				business, or any officer, director, partner or proprietor of the business, has at
				any time within the previous ten years been the subject of any order or finding of
				violation by any governmental entity with regard to the business or any other LP-Gas
				business or has been convicted of any crime or of any offense involving the business
				or any other LP-Gas business; and
9. A
				certification that the information set forth in the application is complete and
				correct.
10. The name and address of the
				New Jersey office or New Jersey residence of the licensee or the licensee's
				representative, the licensee or the licensee's representative must reside or have an
				office in the State of New Jersey to accept service of process.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 18 - LIQUEFIED PETROLEUM GAS › Subchapter 10 - LICENSING › Section 5:18-10.3 - Employee certification

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Any employee of a marketer licensed pursuant
				to N.J.A.C.
				5:18-10.1 handling LP-Gas shall obtain Certified
				Employee Training Program (CETP) of the National Propane Gas Association
				certification for Book One, "Basic Principles and Practices," within three months of
				the date of hiring.
1. All employees of a licensed
				marketer who are responsible for delivering propane shall take and pass part 2.1 of
				the CETP program, and shall pass part 2.2 if they drive a bulk delivery vehicle,
				part 2.4 if they drive a cylinder delivery truck or part 2.5 if they are involved in
				the transportation/relocation of ASME tanks.
2. All employees of a licensed marketer who are
				responsible for plant operations such as maintaining, purging or reconditioning
				tanks, shall pass parts 3.1, 3.2, 3.3 and 3.4 of the CETP program and shall pass, as
				applicable, part 3.5 or 3.6 if the employee is responsible for any aspect of cargo
				tank product transfers or rail car transfers, respectively.
3. All employees of a licensed marketer who are
				responsible for the installation, alteration or repair of propane distribution
				systems shall pass part 4.2 of the CETP program.
4. The appropriate parts of 2, 3, and 4 of the
				CETP program must be completed within six months of the date of hire.
5. The licensed LP-Gas marketer shall maintain
				documentation from CETP that each employee, responsible for any specific task listed
				above, has passed the appropriate CETP test(s) and the required practicum(s) for the
				task(s).
6. Employees who have completed
				the previous version of Book One, "Basic Principles and Practices," Book Two,
				"Propane Delivery," Book Three, "Plant Operations," and Book Four, "Distribution
				System Operations" of the CETP program are deemed to comply with this
				rule.
7. Should the CETP books or parts
				listed in this section be renumbered or renamed, this requirement shall be
				understood to establish a requirement for the renumbered or renamed part that has
				the equivalent content.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 18 - LIQUEFIED PETROLEUM GAS › Subchapter 10 - LICENSING › Section 5:18-10.4 - Fill plant and dispensing station operator training

Current through Register Vol. 56, No. 14, July 15, 2024
(a) All fill plant or
				dispensing station operators shall be trained using the "Dispensing Propane Safely"
				manual (2000 edition) published by the National Propane Gas Association,
				incorporated herein by reference, or an equivalent accepted by the Department; or,
				for systems designed exclusively to dispense LP-Gas into motor vehicles, the
				training program submitted as part of system approval in accordance with N.J.A.C.
				5:18-6. An employee shall receive training prior to dispensing LP-Gas. It shall be
				the responsibility of the business operating the tank, working together with the
				marketer, to ensure all employees dispensing LP-Gas are trained properly.
(b) Licensees shall maintain records of employee
				training and shall make those records available to the Division upon
				request.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 18 - LIQUEFIED PETROLEUM GAS › Subchapter 10 - LICENSING › Section 5:18-10.5 - Suspension and revocation of licenses and certifications and alternative sanctions

Current through Register Vol. 56, No. 14, July 15, 2024
(a)
				The Division may suspend or revoke a license, or may deny renewal or issuance of a
				license, upon a finding that an applicant or licensee has engaged in acts or
				omissions harmful to public safety or to the protection of the public. Factors in
				determining whether a license should be revoked or suspended, or for how long a
				suspension should be in effect, shall include, but not be limited to, the extent and
				duration of the hazard to the public, the extent to which willful or reckless
				behavior was evident, prior history of like or similar violations, and the extent to
				which appropriate corrective action was taken.
(b) As an alternative to revocation or suspension
				of a license, the Division may assess a civil penalty, in accordance with N.J.S.A.
				21:1B-5, or may issue a letter of warning, reprimand, or censure, if the Division
				determines any such action to be warranted. Any penalty imposed or letter issued
				shall be part of the licensing file of the business or individual, as the case may
				be.
(c) Conviction of a crime, or of an
				offense in connection with the LP-Gas business, shall constitute grounds for
				suspension or revocation of a license.
(d) Any person to whom the Division denies a
				license, or whose license is suspended or revoked, or who is ordered to pay a civil
				penalty, shall be entitled to appeal the action of the Division in an administrative
				hearing conducted in accordance with the Administrative Procedure Act, N.J.S.A.
				52:14B-1et seq., and the Uniform Administrative Procedure Rules, N.J.A.C. 1:1. The
				final decision shall be issued by the Commissioner.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 18 - LIQUEFIED PETROLEUM GAS › Subchapter 11 - CUSTOMER INFORMATION › Section 5:18-11.1 - Required information

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Effective on July 1, 2009, propane gas
				marketers shall provide existing and prospective customers with information on the
				terms and conditions for the sale of propane in accordance with
				5:18-11.2 through 11.6.
				When any of the information listed in
				5:18-11.6
				regarding a pricing policy or service policy is changed, the consumer shall be
				notified by issuing the revised information in writing.
(b) Customers shall be provided with propane gas
				marketers' company license numbers.
(c)
				Customers shall be informed that they have the right to contact the Division of
				Codes and Standards in the Department of Community Affairs. Customers may contact
				the Division between the hours of 8:30 A.M. and 4:30 P.M. by telephone at (609)
				633-6385. Customers may also email the Division at LPGas@dca.state.nj.us.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 18 - LIQUEFIED PETROLEUM GAS › Subchapter 11 - CUSTOMER INFORMATION › Section 5:18-11.2 - Pricing policy

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Per gallon price
				quote: Propane gas marketers shall provide customers buying propane with a per
				gallon price quote. The price quote may be provided by telephone or facsimile.
1. Propane gas marketers may provide customers
				buying filled cylinders with a per cylinder price quote. The price quote may be
				provided by telephone or facsimile and shall include the following information:
i. The cost of propane per cylinder; and
ii. The size of the cylinder.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 18 - LIQUEFIED PETROLEUM GAS › Subchapter 11 - CUSTOMER INFORMATION › Section 5:18-11.3 - Terms and conditions of contract or plan

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Customers who rent
				propane equipment/cylinders from propane gas marketers shall be informed of the
				installation and rental fees for the equipment/cylinders, if any.
(b) Customers shall be informed that they can use
				their own tanks. Customers who own their own tanks shall be informed that the
				propane marketer has the right to refuse to fill a propane tank if the marketer
				determines that the tank may be unsafe.
1.
				Customers who own their own tanks shall be informed as to whether there are fees for
				annual inspections of tanks and regulators due prior to the initial delivery of
				propane. In addition, customers shall be informed as to the costs for inspections
				annually thereafter.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 18 - LIQUEFIED PETROLEUM GAS › Subchapter 11 - CUSTOMER INFORMATION › Section 5:18-11.4 - Change of marketer

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Propane gas
				marketers shall provide customers with information on their right to change
				marketers and shall provide the following information:
1. The time frame within which service will be
				discontinued;
2. The time frame within
				which the tank will be removed, if applicable;
3. The fees for the removal of the tank, if
				applicable; and
4. Any contractual
				limits on changing marketers.