N.J. Admin. Code § 5:18-1.3

Current through Register Vol. 56, No. 21, November 4, 2024

Section 5:18-1.3 - Compliance

(a) All liquefied petroleum gas systems shall be installed and maintained in a safe operating condition in accordance with these rules.

(b) Zoning considerations shall be the responsibility of the municipality in which the system is located.

(c) All buildings or structures housing liquefied petroleum systems and foundations for containers shall be constructed in accordance with the applicable provisions of the Uniform Construction Code, N.J.A.C. 5:23.

(d) Only a qualified person shall sell, fill, or refill liquefied petroleum gas at a dispensing or distributing point.

(e) Any person performing installation, maintenance, repair, removal, adjustment or other services to propane containers or appliances, including, but not limited to, ranges, water heaters, heaters, furnaces, and other propane fueled systems for residential and commercial applications, shall obtain a Propane Service Certification issued by the Department. Persons performing installation or service work on containers must be certified in accordance with (e)1 below; persons performing installation or service work on appliances must be certified in accordance with (e)2 below.

1. A person shall be eligible for a "Propane Service Certification - Container Service and Installation" provided he or she successfully completes book 1 "Basic Principles and Practices" and part 4.2 "Preparing and Installing Vapor Distribution System Components" of the Certified Employee Training Program (CETP) administered by the National Propane Gas Association. 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.

2. A person shall be eligible for a "Propane Service Certification - Appliance Installation and Service" provided he or she successfully completes book 1 "Basic Principles and Practices," part 6.0 "Appliance Installation" and part 7.0 "Appliance Service" of the Certified Employee Training Program (CETP) administered by the National Propane Gas Association. 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.

3. An application for a Propane Service Certification shall consist of proof of completion of the required CETP training program and a $ 50.00 application fee.

i. Employees of a propane gas marketer licensed pursuant to 5:18-10.1 may submit proof of completion of the required CETP training program as part of an application for, renewal of or amendment to their LP-Gas marketer license in lieu of the application required in this section.

4. Single-family homeowners performing work on appliances or equipment that they own shall not be required to obtain a Propane Service Certification but shall be responsible for obtaining any necessary permits pursuant to the Uniform Construction Code, N.J.A.C. 5:23.

(f) No propane service work as described in this section shall be undertaken without the appropriate Propane Service Certification after October 5, 2010.

(g) The Department may revoke or suspend a Propane Service Certification or may assess fines or penalties in cases where a certified individual or licensee violates the provisions of the Liquefied Petroleum Gas Act and/or rules.

1. A certified individual or licensee shall be entitled to an administrative hearing to contest any order imposing sanctions, in accordance with the Administrative Procedure Act, 52:14B-1 et seq., and the Uniform Administrative Procedure Rules, N.J.A.C. 1:1.

(h) No person shall install, remove, connect, disconnect, fill or refill any liquefied petroleum gas container without permission of the owner of the container.

1. Exception: Containers at one or two-family residential properties may be disconnected and moved provided that the qualified person removing the container secures the fill line, gauge openings, fuel lines and pump connections against tampering and leaves the container in a safe and secure location.

(i) The owner of an LP-Gas container found to be in a hazardous condition shall remove the container from the site as soon as possible or necessary, but in no case later than five working days of written notification by the Division.

(j) The Commissioner may order the owner or operator of a system to meet additional requirements:

1. Where unusual conditions exist; and

2. When it is necessary for the protection of the health, safety or welfare of persons.

(k) LP-Gas systems having a product vapor pressure greater than that allowed in the referenced standards for commercial propane, with the product measured at 100 degrees Fahrenheit, shall be subject to the approval of the Commissioner.

(l) When liquefied petroleum gas equipment is to be abandoned or temporarily placed out of service, the user/owner shall comply with the provisions of Section F-3608.0, Abandonment of Equipment, of the Fire Prevention Code, N.J.A.C. 5:70-3.

(m) When a customer changes LP-Gas marketers, or there is any change in container, a test for leak tightness shall be performed by the marketer supplying LP-Gas after the change. The results shall be documented and be made available upon request for review by the Department.

(n) Any person seeking a waiver or modification of any requirement set forth in this chapter in a specific situation where strict adherence to the requirement poses a hardship, or where technological advances allow an alternative that provides equivalent protection, may submit a request for such waiver or modification to the Department. The application shall include a statement that explains why strict adherence to the rules would be problematic, or why an alternative would be appropriate, and a statement that documents that the alternative(s) requested would be consistent with the intent of the Act and of this chapter and would not result in any increased health or safety risk. The Department may grant any such waiver or modification only upon a finding that doing so would not result in any increased health or safety risk and would be consistent with the intent of the Act and of this chapter.

N.J. Admin. Code § 5:18-1.3

Amended by 52 N.J.R. 679(a), effective 4/6/2020