New Mexico Register / Volume XXIX, Issue 10 / May 29, 2018

This is an amendment to 19.15.40 NMAC, Part title, Sections 14, 15, 20 , 21 and 24, effective 7/1/2018.

TITLE 19 NATURAL RESOURCES AND WILDLIFE

CHAPTER 15 OIL AND GAS

PART 40 NEW MEXICO [LIQUIFIED] LIQUEFIED PETROLEUM GAS STANDARD

19.15.40.14 PRINTED FORMS, AND FEES:

A. Printed forms as prescribed by the division shall be used for application for license, licenses, receipts, approvals, disapproval's, installation records, inspection reports and any other purposes for which the bureau may consider standardized forms necessary for expediency.

B. An administrative penalty may be assessed to anyone found to be making intentional false reports or for failure to file any written report or form as required by law.

C. Printed forms listed below by number or name are hereby adopted and their use for the purpose stated.

(1) FORM 1. Records of Installation, Test or Modification. $20.00. To be used to record the following.

(a) Installation of LP gas containers. Containers of 239#WC or less shall be exempt from this requirement.

(b) Installation of piping and appliances. Form 1 shall be prepared at time work is performed and [held at licensee's location until called for by bureau inspector] shall be submitted to the LP gas bureau by close of business the following business day.

(2) Retail Cylinder Exchange Installation Registration Form. $20.00. Fee shall be submitted with required plans for proposed location of retail cylinder exchange installation. Reinspection of cylinder exchange installations $20.00

(3) LP Gas Installations at Special Events Registration Form. $15.00. To be used for installations at special events with containers of 239#WC or less.

(4) LP Gas Visual Cargo Tank and Equipment Inspection Form. $45.00.

(a) (Shall not be assessed more than one time in each 12 month period).

(b) Re-inspection of cargo tank and equipment and additional charge for re-inspection. $45.00.

(c) Licensee must obtain form prior to inspection of vehicle or placing a new vehicle in service. Bureau inspector will complete form upon inspection. Corrections after inspection will require a correction form and may require re-inspection. To expedite inspections, vehicle licensee will be notified by the LP gas bureau that vehicle annual inspection is due during the first month of the inspection quarter.

(5) Plant/Dispenser Inspection Form. $45.00.

(a) (Shall not be assessed more than one time in each 12 month period).

(b) Re-inspection of bulk storage and additional charge for re-inspection. $45.00.

(c) Licensee must obtain form prior to inspection of plant or placing a new dispenser in service. LP gas bureau inspector will complete form upon inspection. Corrections after inspection will require a correction form and may require re-inspection. To expedite inspections, dispenser licensee will be notified by the bureau that dispenser annual inspection is due during the first month of the inspection quarter.

(6) Correction Inspection Form. LP gas bureau inspector will issue form when correction is needed and note the code, statute or rule and regulation section number that was in violation. Bureau inspector may lock and seal filler valve until correction is completed. After correction, licensee will sign correction form, attach appropriate new inspection form (listed above), and return forms, seal and filler valve lock to inspector for re-inspection.

(7) Certificate of Insurance. To be submitted by all licensees to the LP gas bureau.

(8) Form 1 first re-inspection fee shall be $20.00.

(9) Form 1 second re-inspection fee shall be $75.00.

[19.15.40.14 NMAC - Rp, 19.15.40.14 NMAC, 2/1/2006; A, 7/1/2018]

19.15.40.15 LICENSE CLASSIFICATIONS, SCOPES AND FEES: License classifications are defined and annual license fees are set as follows.

A. LP-1 wholesale sale or delivery of LP gas $125.00. A licensee under this classification is authorized to wholesale, transport and deliver LP gas in vehicular units into or out of any location except that of an ultimate consumer. This classification will allow delivery to the ultimate consumer whose facilities require a bulkhead.

B. LP-3S retail sale of LP gas $65.00. A licensee under this classification is authorized to deliver, transfer and transport LP gas in a liquid state to the ultimate consumer, both intrastate and interstate. The company employing the LP-3S licensee must also hold an LP-5 license in order to hold a LP-3S license. A person holding this classification is authorized to perform all work as described in classifications LP-1 and LP-9; and may perform an out of gas leak test for an existing customer of his employer so long as the employer is responsible for the delivery of the propane.

C. LP-4 limited installation, service and repair $125.00. A licensee under this classification is authorized to install, service and repair appliances, equipment, and piping for use with LP gas in residences and commercial buildings except mobile homes (as defined by the Manufactured Housing Act) recreational vehicles and similar units. The scope of the work for the LP piping is from (point of delivery) to the final connection of the appliances. In order to qualify for this classification, a licensee must hold mechanical license classification MM2 or MM98.

D. LP-5 installation, service and repair $125.00. A licensee under this classification is authorized to install or erect liquid transfer facilities; install or repair piping and equipment attached to cargo containers; and to install, service and repair appliances, equipment and piping for use with LP gas in residences and commercial buildings including mobile homes (as defined by the Manufactured Housing Act), recreational vehicles and similar units. The scope of the work for the LP gas appliances in this classification does not include the HVAC ductwork or hydronic piping systems connected to any appliance. Those specialties fall under the mechanical license classifications.

E. LP-6 installation, service and repair of mobile units only $75.00. A licensee under this classification is authorized to install, service and repair LP gas appliances, equipment and piping in manufactured housing, travel trailers, recreational vehicles, campers and similar units.

F. LP-7 wholesale or manufacture of appliances, equipment or containers $50.00. A licensee under this classification is authorized to wholesale or manufacture appliances, equipment or containers for use with LP gas.

G. LP-8 installation, service and repair of cylinder exchange cabinets $35.00. A licensee under this classification is authorized to install, service and repair LP gas cylinder exchange cabinets and to deliver portable containers (maximum water capacity 239#).

H. LP-9 station for dispensing LP gas $35.00. A licensee under this classification is authorized to dispense LP gas into fuel containers on vehicles or to fill and/or deliver portable containers (maximum water capacity 239#).

I. LP-10 LP gas carburetion sales, service and installation, including repair $35.00. A licensee under this classification is authorized for LP gas carburetion sale, service and installation, including repair.

J. CNG-1 CNG carburetion sale, service and installation $35.00. A licensee under this classification is authorized for CNG gas carburetion sale, service and installation, including repair.

K. LNG-1 LNG carburetion sale, service and installation $35.00.

L. Qualifying party identification card $15.00.

M. Annual renewal fee per qualifying party identification card $10.00.

N. Licensing examination fee $25.00.

O. Licensing re-examination fee $25.00.

P. The total license fee charged any one licensee for a combination of LP gas activities at any one operating location is set at: $300.00.

[19.15.40.15 NMAC - Rp, 19.15.40.15 NMAC, 2/1/2006; A, 04/01/2013; A, 01/01/2015; A, 7/1/2018]

19.15.40.20 CONTAINERS AND INSTALLATIONS:

A. Safe installation. No LP gas container shall be filled or LP gas system used that does not meet the requirements of NFPA 58, NFPA 54 or this document.

B. Filling of Containers. Transfer of LP Gas to or from any LP Gas container shall be only by the owner or upon the owners authorization.

C. Chart 1 (all services except cargo tanks). ASME 1949 and earlier and U-68 and U-69 Codes are approved for all LP gas service, except cargo tank, regardless of installation date, with the following working pressures and relief valve settings, when using propane grade 5 or higher.

Working Pressure	100	125	150	175	200	225	250	251+
Approved	No	No	No	No	Yes	Yes	Yes	Yes
Relief Valve Setting (%)	100 to 125	137 to 156	165 to 187	192 to 218	220 to 250	247 to 281	275 to 317	110% to 125%

D. Chart 2 (bulk service). API-ASME Code, ASME U-201, 1950 and 1952 or later ASME Codes are approved for bulk plant use*, and for all other container use if manufactured after June 30, 1959, in accordance with ASME Code, at the time of manufacture with the following working pressures and relief settings, when using propane of grade 5 or higher. *Cargo containers shall have a minimum working pressure of 250 PSI.

Working Pressure	100	125	150	175	200	225	250	251+
Approved	No	No	No	No	No	No	Yes	Yes
Relief Valve Setting (%)	100 to 125	220 to 250	88% to 100%

E. Chart 3 (domestic tank service). API-ASME Code, ASME U-200, U-201, 1950 and 1952 or later ASME Codes, if installed in New Mexico before June 30, 1959, may be moved from one place to another within the state, but not brought into the state, are approved for domestic tank service with the following working pressures and relief settings, when using propane of grade 5 or higher.

Working Pressure	100	125	150	175	200	225	250	251+
Approved	No	No	No	No	No	No	Yes	Yes
Relief Valve Setting (%)	110 to 125	132 to 150	154 to 175	176 to 200	198 to 225	220 to 250	88% to 100%

F. Container protection. Where physical damage to LP gas containers, or systems of which they are a part, from vehicles is a possibility, precautions shall be taken against such damage.

(1) Container protection shall be crash post or other protection acceptable to the LP gas bureau.

(2) When crash post are used they shall be a minimum of two and seven-eighths inch outside diameter, with three feet above ground, two feet below ground, embedded in concrete, filled with concrete, and spaced four feet apart. The spacing may be extended to eight feet between post if a minimum two-inch welded top rail is installed; excepting all dispensing system installations which shall comply with all requirements described in the currently adopted NFPA 58.

G. Container markings. All LP gas tanks owned by LP gas dealers must be marked with the name and phone number of the LP gas dealer. This regulation does not apply to customer owned tanks.

H. Container screening. Screens for all LP gas above ground containers shall be installed in the following manner.

(1) Screening material shall be non-combustible if container is screened on three sides. If solid screening is used, each wall up to 20 feet in length shall be provided with at least one opening, with an additional opening for each 20 feet of length or fraction thereof. Each opening shall have a minimum size of 50 square inches, the bottom of which shall not be more than six inches above the ground.

(2) If the screen encloses two sides or no more than fifty percent a wood fence may be used.

(3) The screen shall enclose no more than three sides of the container.

(4) There shall be a minimum clearance of three feet from the container to the screen.

(5) The screen shall not exceed the height of the container by more than one foot.

(6) Covers or tops shall not be installed over containers.

(7) All tanks on school grounds, church grounds, playgrounds, etc. shall be fenced. Any request for exemption to, or deviation from, the fencing requirement shall be made in writing to the bureau. If, upon investigation of a particular proposed tank installation, the inspector and bureau chief determine it is not necessary, a fence shall not be required.

[19.15.40.20 NMAC - Rp, 19.15.40.22 NMAC, 2/1/2006; A, 7/1/2018]

19.15.40.21 LP GAS CYLINDER EXCHANGE INSTALLATIONS:

A. A cylinder exchange installation registration form and approved plans shall be required prior to installation.

B. Installation shall meet the requirements of NFPA 58.

C. Cylinder exchange cabinets shall be approved, [anchored] and meet the requirements of NFPA 58; excepting cylinder exchange cabinet installations shall comply with Subsection D if installed greater than five feet from a building or approved in writing by the LP gas bureau chief.

D. Protection against vehicle impact shall be crash post or other protection acceptable to the LP gas bureau.

(1) Crash post shall be installed as required elsewhere in this document.

(2) A minimum six inch high concrete raised sidewalks or six inch high wheel stops can be used.

(a) The minimum distance from the raised sidewalks or wheel stops to the cabinet shall be 48 inches.

(b) The wheel stops shall be anchored and secured with at least-five eighths inch by 18 inch steel rods.

E. Cylinder exchange installations in excess of 720 lb propane stored shall be provided with at least one approved portable fire extinguisher having a minimum capacity of 18 lb dry chemical with B:C rating.

[19.15.40.21 NMAC - N, 2/1/2006; A, 7/1/2018]

19.15.40.24 STANDARDS. This rule adopts by reference the following standards, as amended herein:

A. [2012] 2015 national fuel gas code, referred to as NFPA 54;

B. [2014] 2017 liquefied petroleum gas code, referred to as NFPA 58;

[C. 2008 guide for fire and explosion investigations, referred to as NFPA 921;

D.] C. 2011 standard on recreational vehicles, referred to as NFPA 1192;

[E.] D. 2010 vehicle gaseous fuel systems code, referred to as NFPA 52.

[19.15.40.24 NMAC - N, 11/25/2008; A, 7/1/2009; A, 1/1/2012; A, 1/1/2015; A,7/1/2018]