Section 9.140 - System Protection Requirements(a) Stationary LP-gas installations, including LP-gas transfer systems, dispensing systems, and storage containers, shall be protected from tampering and damage as specified in this section.(b) LP-gas storage containers located on a rural consumer's property from which motor or mobile fuel containers are filled are not required to comply with the fencing and vehicular barrier protection requirements in subsections (c) and (d) of this section.(c) In addition to NFPA 58, §§6.21.4.2, 6.22.3.2(3), 6.27.3.7, 8.2.1.1, and 6.5.4.5, fencing at LP-gas installations shall comply with the following: (1) Uprights, braces, and cornerposts of the fence shall be composed of noncombustible material and shall be anchored in concrete a minimum of 12 inches below the ground.(2) Gates in fences where bulkheads are installed shall be located directly in front of the bulkhead. Gates shall be locked whenever the area enclosed is unattended. Gate posts on gates installed directly in front of the bulkhead shall be located at 45-degree angles to the nearest corner of the bulkhead.(3) ASME containers or manual dispensers originally manufactured to or modified to be considered by AFS as self-contained units are exempt from the fencing requirements. Self-contained units shall be protected as specified in subsection (d) of this section.(4) LP-gas containers located at a private residence are exempt from the fencing requirements.(d) In addition to NFPA 58, §§6.8.1.2, 6.8.6.1(A)-(E), 6.8.6.2(F), 6.27.3.13 and 6.27.3.14, vehicular barrier protection at LP-gas installations, except as noted in this section, shall comply with the following: (1) Vertical supports for vehicular barrier protection shall be at least three-inch schedule 40 steel pipe or other material with equal or greater strength. The vertical supports shall be capped on the top or otherwise protected to prevent the entrance of water or debris; anchored in concrete at least 18 inches below the ground; and rise at least 30 inches above the ground. Supports shall be spaced four feet apart or less.(2) The horizontal guardrailing for vehicular barrier protection shall be secured to the top of the vertical supports at least 30 inches above the ground. The railing shall be at least three-inch schedule 40 steel pipe or other material with equal or greater strength. The railing shall be capped on the ends or otherwise protected to prevent the entrance of water or debris; and welded or bolted to the vertical supports with bolts of sufficient size and strength to prevent damage to the protected equipment under normal conditions, including the nature of the traffic to which the protected equipment is subjected.(3) Locations which have a perimeter fence prohibiting public traffic to the container or cylinder storage area shall not be required to have guardrailing if the vertical supports are located no more than three feet apart.(4) Openings in horizontal guardrailing, except the opening that is permitted directly in front of a bulkhead, shall not exceed three feet. Only one opening is allowed on each side of the guardrailing. A means of temporarily removing the horizontal guardrailing and vertical supports to facilitate the handling of heavy equipment may be incorporated into the horizontal guardrailing and vertical supports. In no case shall the protection provided by the horizontal guardrailing and vertical supports be decreased. Transfer hoses from the bulkhead shall be routed only through the 45-degree opening in front of the bulkhead or over the horizontal guardrailing.(5) Clearance of at least three feet shall be maintained between the vehicular barrier protection and any part of an LP-gas transfer system or container or clearance of two feet for retail service station installations. The two vertical supports at the ends of any vehicular barrier protection which protects a bulkhead shall be located a minimum of 24 and a maximum of 36 inches at 45-degree angles to the nearest corner of the bulkhead.(6) Vehicular barrier protection shall extend at least three feet beyond any part of the LP-gas transfer system or container which is exposed to collision damage or vehicular traffic.(7) Installations which have highway barriers located between vehicular traffic and the container and material handling equipment shall not be required to have vehicular barrier protection installed.(e) If exceptional circumstances exist or will exist at an installation which would require additional protection such as larger-diameter horizontal railing, then the licensee or operator shall install such additional protection. In addition, AFS at its own discretion may require an installation to be protected with added safeguards to adequately protect the health, safety, and welfare of the general public. AFS shall notify the person in writing of the additional protection needed and shall establish a reasonable time period during which the additional protection shall be installed. The licensee shall ensure that any necessary extra protection is installed. If a person owning or operating such an installation disagrees with AFS' determination made under this subsection, that person may request a public hearing on the matter. The installation shall either be protected in the manner prescribed by AFS or removed from service with all product withdrawn from it until AFS' final decision.(f) In addition to NFPA 58 §5.2.8.1, LP-gas installations shall comply with the sign and lettering requirements specified in Table 1 of this section. An asterisk indicates that the requirement applies to the equipment or location listed in that column. Attached Graphic
(1) Unless colors are specified, lettering shall be in a color that sharply contrasts to the background color of the sign, and shall be readily visible to the public.(2) Items 1, 2, and 3 in Table 1 may be combined on one sign.(3) Items 1, 2, and 3 in the column entitled "Licensee or Non-Licensee ASME 4001+ Gal. A.W.C." in Table 1 apply to installations with 4,001 gallons or more aggregate water capacity protected only by vehicular barrier protection as required in subsection (d) of this section, and bulkheads as required by § RSA 9.143 of this title (relating to Bulkhead, Internal Valve, API 607 Ball Valve, and ESV Protection for Stationary LP-Gas Installations with Individual or Aggregate Water Capacities of 4,001 Gallons or More) for commercial, bulk storage, cylinder filling, or forklift installations.(4) Item 7 in the column entitled "Storage Racks for DOT Portable or Forklift Containers" in Table 1 may be met with lettering only one rack when multiple racks are installed.(5) Item 11 in the column entitled "Requirements" in Table 1 applies to facilities which have two or more containers.(6) Item 13 in the column entitled "Requirements" in Table 1 applies to outlets where an LP-gas certified employee is responsible for the LP-gas activities at that outlet, when a licensee's employee is the operations supervisor at more than one outlet as required by §RSA 9.17<subdiv>(a)</subdiv> of this title (relating to Designation and Responsibilities of Company Representative and Operations Supervisor).(7) Any information in Table 1 of this subsection required for an underground container shall be mounted on a sign posted within 15 feet horizontally of the manway or the container shroud.(8) Licensees and non-licensees shall comply with operational and/or procedural actions specified by the signage requirements of this section.(9) Any 24-hour emergency telephone numbers shall be:(A) monitored at all times; and(B) be answered by a person who is knowledgeable of the hazards of LP-gas and who has comprehensive LP-gas emergency response and incident information, or has immediate access to a person who possesses such knowledge and information. A telephone number that requires a call back (such as an answering service, answering machine, or beeper device) does not meet the requirements of this section.(g) In addition to NFPA 58, §8.4.2.2, storage racks used to store DOT cylinders in the horizontal position located in areas frequented by the public shall be protected against vehicular damage by:(1) the use of concrete curbs and/or wheel stops provided:(A) the cylinder storage rack is located a minimum of 48 inches behind a curb or wheel stop that is a minimum of five inches in height above the grade of the driveway or parking area;(B) if the requirements of subparagraph (A) of this paragraph cannot be met, the cylinder storage rack must be installed a minimum of 48 inches behind a curb or wheel stop that is a minimum of four inches in height above the grade of the driveway or parking area, and a wheel stop at least four inches in height must be installed at least 12 inches from the curb or first wheel stop; and(C) if wheel stops are used, all wheel stops must be secured against displacement; or(2) if curbs and/or wheel stops are not installed, guard posts or vehicular barrier protection shall be installed a minimum of 18 inches from each storage rack, and: (A) consist of at least three-inch schedule 40 steel pipe, capped on top or otherwise protected to prevent the entrance of water or debris into the guard post, no more than four feet apart, and anchored in concrete at least 12 inches below ground and rising at least 30 inches above the ground;(B) constructed of at least four-inch schedule 40 steel pipe capped on top or otherwise protected to prevent the entrance of water or debris into the guard post, and attached by welding to a minimum 8-inch by 8-inch steel plate at least 1/2 inch thick. The installed height of the post must be a minimum of 30 inches above the ground. The guard posts and steel plate shall be permanently installed and securely anchored to a concrete driveway or concrete parking area; or(C) meet the requirements of subsection (d) of this section.(h) Fencing, guardrails, and valve locks shall be maintained in good condition at all times in accordance with this chapter.(i) Self-service dispensers shall be protected against vehicular damage by: (1) vehicular barrier protection that complies with subsection (d) of this section; or(2) vertical supports that comply with subsection (d) of this section; or(3) where routine traffic patterns expose only the approach end of the dispenser to vehicular damage, support columns, concrete barriers, bollards, inverted U-shaped guard posts anchored in concrete, or other protection acceptable to AFS, provided: (A) the cylinder storage rack is located a minimum of 48 inches behind a concrete curb or concrete wheel stop that is a minimum of five inches in height above the grade of the driveway or parking area;(B) if the requirements of subparagraph (A) of this paragraph cannot be met, the cylinder storage rack must be installed a minimum of 48 inches behind a concrete curb or concrete wheel stop that is a minimum of four inches in height above the grade of the driveway or parking area, and a concrete wheel stop at least four inches in height must be installed at least 12 inches from the curb or first wheel stop.(j) Self-service dispensers utilizing protection specified in subsection (i)(2) - (3) of this section shall be connected to supply piping by a device designed to prevent the loss of LP-gas in the event the dispenser is displaced. The device must retain liquid on both sides of the breakaway point and be installed in a manner to protect the supply piping against damage.16 Tex. Admin. Code § 9.140
The provisions of this §9.140 adopted to be effective February 1, 2001, 26 TexReg 947; amended to be effective September 10, 2001, 26 TexReg 6883; amended to be effective September 29, 2003, 28 TexReg 8318; amended to be effective September 1, 2005, 30 TexReg 4810; amended to be effective February 1, 2008, 33 TexReg 122; amended to be effective December 24, 2012, 37 TexReg 9913; Amended by Texas Register, Volume 45, Number 01, January 3, 2020, TexReg 143, eff. 1/6/2020; Amended by Texas Register, Volume 47, Number 28, July 15, 2022, TexReg 4133, eff. 7/18/2022