New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 18 - LIQUEFIED PETROLEUM GAS › Subchapter 2 - DEFINITIONS › Section 5:18-2.1 - Definitions

Current through Register Vol. 56, No. 14, July 15, 2024
The following words and terms, when used in this chapter, shall
				  have the following meanings, unless the context clearly indicates otherwise.
"Act" means Liquefied Petroleum Gas Act, 21:1B-1 et seq.
"API" means American Petroleum Institute.
"Approved" means any product certified, or classified, or labeled,
				  or listed by a nationally recognized testing agency, unless specifically banned by
				  order of the Commissioner or by rule.
"ASME" means American Society of Mechanical Engineers.
"Bulk plant" means a facility, the primary purpose of which is
				  distribution of gas, that receives LP-Gas by tank car, tank truck or piping and
				  distributes it to the end user by portable container (package) delivery, tank truck
				  or gas piping, and that has bulk storage of 2,000 gallons or more water capacity and
				  has container-filling or truck-loading facilities on the premises. "Bulk plant" also
				  means and includes any facility that transfers LP-Gas from tank cars on a private
				  track directly into cargo tanks.
"Cargo tank" means a container used to transport LP-Gas over a
				  highway as liquid cargo, either mounted on a conventional truck chassis or as an
				  integral part of a transporting vehicle in which the container constitutes, in whole
				  or in part, the stress member used as a frame, which is a permanent part of a
				  transporting vehicle.
"Commissioner" means the Commissioner of Community Affairs of the
				  State of New Jersey or his or her authorized representative.
"Container" means any vessel including cylinders, tanks, portable
				  tanks and cargo tanks used for storing liquefied petroleum gas.
"Cylinder" means a container having a capacity not exceeding 1,000
				  pounds of water.
"Cylinder exchange cabinet" means a vented storage compartment
				  that is used to store full and empty US DOT-type LP-Gas containers.
"Department" means the Department of Community Affairs.
"Dispensing station" means fixed equipment where LP-Gas is stored
				  and dispensed into portable containers. The public can be permitted access to the
				  dispensing station area.
"Distributing plant" means a facility, the primary purpose of
				  which is the distribution of gas, and which receives liquefied petroleum gas in tank
				  car, truck transport or truck lots, distributing this gas to the end user by
				  portable container (package) delivery, by tank truck or through gas piping. Such
				  plants have bulk storage (2,000 gallons (7.6 cubic meters (m< 3 >)) water
				  capacity or more) and have container filling or truck loading facilities on the
				  premises. So-called "bulk plants" are considered as being in this category.
"Distributing point" means a facility, other than a distributing
				  plant or industrial plant, which normally receives gas by tank truck, and which
				  fills small containers or the engine fuel tanks of motor vehicles on the premises.
				  Any such facility having liquefied petroleum gas storage of 100 gallons (0.4 cubic
				  meters (m< 3 >)) or more water capacity, and to which persons other than the
				  owner of the facility or his or her employees have access, is considered to be a
				  distributing point. A liquefied petroleum gas service station is one type of
				  distributing point.
"Division" means the Division of Codes and Standards of the
				  Department of Community Affairs.
"Fill plant" means a person who sells odorized LP-Gas to the
				  ultimate consumer and is not regularly engaged in the business of selling it to
				  other retail LP-Gas dispensers.
"Hazardous material" means any substance defined as a flammable or
				  combustible liquid in accordance with the Flammable or Combustible Liquid Code, NFPA
				  No. 30-2003 or a material classified by Hazardous Material Regulations, 49 CFR Parts
				  171 through 177, as a flammable solid, liquid or gas.
"Industrial plant" means an industrial facility that utilizes gas
				  incidental to plant operations, with LP-Gas storage of 2,000 gallons aggregate water
				  capacity or more, and that receives LP-Gas by tank truck, truck transport or truck
				  lots, where it is used locally or throughout the plant for engine fuel for forklifts
				  or other industrial trucks or as part of a processing operation.
"Line of adjoining property" means:
1. The near side of adjacent real estate not owned or possessed;
				  or
2. The far side of adjacent real estate not owned or possessed
				  when the real estate cannot be built upon, specifically utility easements of record,
				  non-navigable waterways, and railroad right-of-ways.
"Liquefied petroleum gas" or "LP-Gas" or "LPG" means any material
				  which is composed predominantly of any of the following hydrocarbons or mixtures of
				  the same: propane, propylene, butanes (normal or isobutene), and butylenes.
"LP-Gas system" means an assembly of one or more containers with a
				  means of conveying LP-Gas from the container(s) to dispensing or consuming devices
				  (either continuously or intermittently) and which incorporates components intended
				  to achieve control of quantity, flow, or pressure in the liquid or vapor
				  state.
"Marketer" means a person engaged primarily in the sale of
				  odorized LP-Gas to the ultimate consumer or to retail LP-Gas dispenser(s).
				  "Marketer" shall also mean and include the owner or operator of a bulk plant.
"Nationally recognized testing agency" means a laboratory, such as
				  the Underwriters' Laboratories, Inc., American Gas Association Laboratories, or the
				  Factory Mutual Engineering Corporation or any similar testing organization
				  acceptable to the commissioner.
"NFPA" means National Fire Protection Association.
"N.J.A.C." means the New Jersey Administrative Code.
"N.J.S.A." means the New Jersey Statutes Annotated.
"Person" means an individual, firm, association or
				  corporation.
"Portable container" means a USDOT or ASME container of not more
				  than 1,000 pounds water capacity.
"Producer" means the owner of LP-Gas at the time it is recovered
				  at a gas processing plant or refinery.
"Professional engineer" means a person licensed to practice
				  professional engineering in New Jersey by the New Jersey Board of Professional
				  Engineers and Land Surveyors.
"Property line" means the line of adjoining property or the near
				  side of any public way.
"Public way" means a government owned thoroughfare, such as a
				  street or highway, designed for public use by lawful procedure.
"Qualified person" means a person selected by an employer and
				  trained to perform a specific task or duty involving LP-Gas, who has the degree of
				  competence necessary to accomplish the work in a safe manner.
"Referenced standard" means
				  5:18-3.1(a),
				  or
				  5:18-4.1(a),
				  or
				  5:18-5.1(a)
				   as applicable.
"Serious injury" means an injury which required treatment by a
				  doctor, such as a fracture, or a condition requiring admittance to a hospital for at
				  least 24 hours.
"Tank" means a container of more than 1,000 pounds water capacity
				  used for the storage or utilization of liquefied petroleum gas.
"USDOT" means the United States Department of
				  Transportation.
"Wholesaler" means any person who purchases LP-Gas and may sell it
				  to retail LP-Gas dispensers. "Wholesaler" may include, but is not limited to,
				  producers and marketers.