19.15.40 NMAC

TITLE 19 NATURAL RESOURCES AND WILDLIFE

CHAPTER 15 OIL AND GAS

PART 40 NEW MEXICO LIQUEFIED PETROLEUM GAS STANDARD

19.15.40.1 ISSUING AGENCY: The Construction Industries Division of the Regulation and Licensing Department.

[19.15.40.1 NMAC - Rp, 19.15.40.1 NMAC, 2/1/2006]

19.15.40.2 SCOPE:

A. All individuals or persons performing work that will involve the use of storage or providing service, for LP Gas and all facilities, equipment, appliances, structures or installations in the state of New Mexico.

B. The provisions of these rules and regulations shall apply to the use and enforcement of the LP and CNG Gas Act, construction industries division rules and regulations, national publications that are law in New Mexico (such as NFPA 58), and codes adopted by the construction industries commission.

C. It also serves to establish administrative procedures for the LP gas bureau, including, but not limited to, licensing and permitting procedures.

[19.15.40.2 NMAC - Rp, 19.15.40.2 NMAC, 2/1/2006]

19.15.40.3 STATUTORY AUTHORITY: These rules and regulations are adopted pursuant to Section 70, Article 5 NMSA 1978 and Subsection F of Section 60-13-9 NMSA 1978.

[19.15.40.3 NMAC - Rp, 19.15.40.3 NMAC, 2/1/2006]

19.15.40.4 DURATION: Permanent; until later amended, repealed or replaced.

[19.15.40.4 NMAC - Rp, 19.15.40.4 NMAC, 2/1/2006]

19.15.40.5 EFFECTIVE DATE: February 1, 2006, unless a later date is cited at the end of a section.

[19.15.40.5 NMAC - Rp, 19.15.40.5 NMAC, 2/1/2006]

19.15.40.6 OBJECTIVE: The objective of 19.15.40 NMAC is to promote the general welfare of the people of New Mexico by providing for the protection of life and property through standards that, when complied with, will result in safer installations, equipment, facilities, appliances, structures, and service.

[19.15.40.6 NMAC - Rp, 19.15.40.6 NMAC, 2/1/2006]

19.15.40.7 DEFINITIONS:

A. "Accessible" means having access to; may require the removal of a panel, door or similar covering of the item described.

B. "Approved" means acceptable to the authority having jurisdiction.

C. "Authority having jurisdiction" means the New Mexico LP gas bureau.

D. "Bulk plant" means storage facilities for liquid LP gas awaiting transfer.

E. "Bureau" means the liquefied petroleum and compressed gas bureau of the division.

F. "Certified" means "listed" or "labeled".

G. "Certificate of competence" means a written certificate issued by the LP gas bureau to an LP gas installer based on evidence of competence.

H. "Clearance" means the distance between the appliance, chimney, vent chimney or vent connector, or plenum and the nearest surface.

I. "Code" means NFPA 52, NFPA 54, NFPA 57, NFPA 58 and NFPA 1192 and other codebooks adopted as amended by the commission.

J. "Commission" means the construction industries commission.

K. "Compressed natural gases" and "CNG" means mixtures of hydrocarbon gases and vapors consisting principally of methane in gaseous form, which has been compressed for vehicular fuel.

L. "Concealed LP gas piping" means all LP gas piping and fittings which, when in place in the finished building, would require removal of permanent construction to gain access to the piping.

M. "Connector, gas appliance" means a connector, used to convey fuel gas three feet or less in length (six feet or less for gas ranges), between a gas shut off valve and gas appliance in the same room.

N. "Consumer's LP gas system" means any arrangement of LP gas piping, extending from the point of delivery to and including all outlets, appliances and appurtenances, installed under the provisions of the code, which the consumer is responsible to maintain in a serviceable condition, exclusive of piping, tanks, regulators, valves, fittings, etc. owned by the gas company.

O. "Distributing plant" means a facility with the primary purpose of distribution of LP gas, which receives LP gas in tank car, truck transport or truck lots, and distributes such LP gas to end-users by delivery tank truck or through gas piping; such plants have bulk storage of 2,000 gallons water capacity or more, and usually have container-filling and truck-loading facilities on the premises.

P. "Distributing point" means a facility other than a distributing plant which normally receives gas by tank truck and which fills small containers or the engine fuel tank of motor vehicles on the premises. (An LP gas service station is one type of distributing point).

Q. “Disqualifying criminal conviction” has the same meaning as defined in Subsection E of Section 61-1-36 NMSA 1978.

R. "Division" means the construction industries division of the regulation and licensing department.

S. "Energy efficient water heater" means any LP gas automatic storage water heater that meets or exceeds ASHREA 90-75 standards for energy efficiency.

T. "Fuel gas piping system" means the arrangement of piping, tubing, fittings, connectors, valves and devices designed and intended to supply or control the flow of fuel gas to the appliances.

U. "Gas company" means any LP gas company or LP gas distributor.

V. "Gas supply connection" means the terminal end or connection to which a gas supply connector is attached.

W. "Gas supply connector" means tubing or piping connecting the mobile home to the gas supply source.

X. "Gas vents" means factory-built vent piping and vent fittings listed by an approved testing agency, that are assembled and used in accordance with the terms of their listings, for conveying flue gases to the outside atmosphere.

Y. "Heat producing appliance" means all heating and cooking appliances and all fuel burning appliances.

Z. "Heating appliance" means an appliance for comfort heating or for water heating of a manufactured home.

AA. "House piping" means the LP gas piping from the point where it enters the building or foundation, up to and including the outlets.

BB. "Input rating" means the LP gas-burning capacity of an appliance in BTU's per hour as specified by the manufacturer.

CC. "Inspector" means a person hired by the bureau to enforce under administrative direction the laws and safety rules and regulations of the LP gas industry and the enforcement of the codes used in CNG, LNG and LCNG in motor vehicles.

DD. "Labeled" means equipment or materials to which has been attached a label, symbol or other identifying mark of an organization acceptable to the "authority having jurisdiction" and concerned with product evaluation that maintains periodic inspection of production of labeled equipment or materials and by whose labeling the manufacturer indicate compliance with appropriate standards or performance in specified manner.

EE. "Liquefied natural gases", "liquefied compressed natural gases", "LNG" and "LCNG" means a fluid in the liquid state composed predominantly of methane and that can contain minor quantities of ethane, propane, nitrogen, or other components normally found in natural gas.

FF. "Liquefied petroleum gases", "LPG" and "LP gas" means any material that is composed predominantly of any of the following hydrocarbons or mixtures of them: propane, propylene, butane (normal butane or ISO-butane) and butylenes.

GG. "Liquid transfer" means the transfer of LP gas in a liquid form from an approved container into another approved container.

HH. "Liquid withdrawal" means an approved LP gas container designed for the withdrawal of LP gas for utilization in an approved means.

II. "Listed" means equipment or materials included in a list published by an organization acceptable to the authority having jurisdiction and concerned with product evaluation that maintains periodic inspection of production of listed equipment or materials and whose listing states either that the equipment or material meets appropriate standards or has been tested and found suitable for use in a specified manner.

JJ. "LP gas installation" means the installation of materials, fixtures, appliances or equipment that utilize LP gas, which is installed by a licensee of the LP gas bureau.

KK. "Manufactured homes" means a movable or portable housing structure over 32 feet in length or over eight feet in width constructed to be towed on its own chassis and designed to be installed with or without a permanent foundation for human occupancy as a residence and which may include one or more components that can be retracted for towing purposes and subsequently expanded for additional capacity or may be two or more units separately towable but designed to be joined into one integral unit, as well as a single unit. Manufactured homes do not include recreational vehicles or modular or pre-manufactured homes, built to building code standards, designed to be permanently affixed to real property.

LL. "Manufactured home site" means a designated portion of a mobile home park designed for the accommodation of one mobile home and its accessory buildings or structures for the exclusive use of the occupants.

MM. "Manufactured home park" means a parcel (or contiguous parcels) of land which has been so designated and improved so that it contains two or more manufactured home sites available to the general public for the placement thereon of manufactured homes for occupancy.

NN. “Military service member” has the same meaning as defined in Paragraph (3) of Subsection F of Section 61-1-34 NMSA 1978.

OO. "Outlet" means a threaded connection or bolted flange in a pipe system to which an LP gas-burning appliance is or may be attached; such outlet must be located in the room or space where the appliance is or may be installed.

PP. "Point of delivery" means the initial junction of the consumer's gas piping with the gas company's piping, at the outlet side of the first regulator, regardless of whether it is a single-stage regulator system or the first stage regulator of a two-stage regulator system.

QQ. "Product" or "products" of liquefied petroleum gases, compressed natural gases or liquefied natural gas are considered to be liquefied petroleum gases or compressed natural gases or liquefied natural gases respectively.

RR. "Qualified instructor" means an employee who has passed the required examination and performed for at least one year the work being taught.

SS. "Readily accessible" means having direct access without the necessity of removing any panel, door or similar obstruction.

TT. "Regulator" means a device for controlling and maintaining a uniform pressure to the manifold of gas equipment.

UU. "Riser" means that portion of the yardline, which protrudes through the grade level of the ground.

VV. "Roof jack" that portion of venting system, including the cap, insulating means, flashing and ceiling plate, located in and above the roof.

WW. "Sealed combustion/direct vent system appliance", "direct vent system appliance" means an appliance which by its inherent design is constructed so that all air supplied for combustion to the combustion system of the appliance, and all products of combustion are completely isolated from the atmosphere of the space in which it is installed, and all flue gases are discharged to the outside.

XX. “Substantially equivalent” means the determination by the construction industries division that the education, examination, and experience requirements contained in the statutes and rules of another jurisdiction are comparable to, or exceed the education, examination, and experience requirements of the LP & CNG Act.

YY. "Yardline" means a buried line servicing utilities from the on-site utility terminal to the manufactured home.

[19.15.40.7 NMAC – Rp. 19.15.40.7 NMAC, 2/1/2006; A, 1/13/2023]

19.15.40.8 RETROACTIVITY: The provisions of the codes are not intended to prevent the use of any material, method of construction, or installation procedure not specifically prescribed by the codes, provided any such use is preapproved, in writing, by the LP gas bureau. The provisions of the codes are considered necessary to provide a reasonable level of protection from loss of life and property. Unless otherwise stated, the provisions of the codes shall not be applied retroactively to existing facilities, equipment, appliances, structures, or systems that were in compliance with the provisions of the codes in effect at the time of installation, or approved for construction or installation prior to the effective date of the document, except in those cases where it is determined, in writing, by the LP gas bureau that the existing situation involves a distinct hazard to life or adjacent property. Equipment and appliances include stocks in manufacturers' storage, distribution warehouses, and dealers' storage and showrooms in compliance with the provisions of the codes in effect at the time of manufacture.

[19.15.40.8 NMAC - Rp, 19.15.40.8 NMAC, 2/1/2006]

19.15.40.9 EXAMINATION: No licensee or employee of a licensee shall install or modify any appliance or piping system until he has proved his knowledge of acceptable minimum standards by passing an examination required by the bureau.

A. All personnel whose duties require that they transport or dispense LP gas shall prove by passing an examination, as required by the bureau, that they are familiar with minimum safety standards and practices with regard to handling of LP gas. LP gas may not be dispensed by any person who has not passed the examination by the bureau.

B. An identification card shall be issued to each person who passes the examination required by the LP gas bureau. The identification card shall contain pertinent information such as examinee's name, address and classification(s) for which examinee is certified, and may also provide space for listing violations of the LP gas Act.

C. No licensee or employee shall perform the work he has examined for until he has received an identification card for that classification from the bureau.

D. An identification card shall only be valid while employed by a licensee. The identification card shall be renewed annually with payment of a reasonable fee to the bureau on the anniversary date of the employer's license. The renewal fee shall be paid with the licensee's renewal for all listed qualifying parties.

E. An identification card holder not employed by a licensee for a period of two years shall retest before being qualified.

[19.15.40.9 NMAC - Rp, 19.15.40.9 NMAC, 2/1/2006]

19.15.40.10 ANNUAL INSPECTIONS:

A. There shall be an annual safety inspection, made by an inspector of the bureau, of each bulk storage plant facility, dispensing station, vehicle fuel dispenser, and cargo container and safety equipment on each vehicular unit used for transportation of LP gas in bulk quantities. Each bulk plant, dispenser, and vehicular unit shall display a current decal showing it has passed the required inspection.

B. Own use non-resale dispensers shall not require annual inspection. These facilities shall be inspected at the time of installation or modification.

[19.15.40.10 NMAC - Rp, 19.15.40.10 NMAC, 2/1/2006]

19.15.40.11 LP GAS PLANS AND SPECIFICATIONS:

A. Before equipment for the transfer of liquid LP gas may be installed, plans and specifications of the proposed installation must be submitted in TRIPLICATE to the bureau for approval. Written approval must be received before the equipment is installed.

B. Plans for proposed location of retail cylinder exchange shall be submitted to the LP gas bureau. Written approval must be received before the equipment is installed.

[19.15.40.11 NMAC - Rp, 19.15.40.11 NMAC, 2/1/2006]

19.15.40.12 INSURANCE:

A. Licensees holding LP gas classifications LP-1, LP-3S, LP-4, LP-5, LP-6, LP-10, CNG-1 and LNG-1 with only vehicles of 3,500 gallons water capacity or less shall have combined single-limit public liability insurance or a corporate surety bond in at least the minimum of $500,000.

B. Licensees holding LP gas classification LP-7, LP-8 or LP-9 shall have combined single-limit public liability insurance or a corporate surety bond in at least the minimum amount of $100,000.

[19.15.40.12 NMAC - Rp, 19.15.40.12 NMAC, 2/1/2006; A, 04/01/2013]

19.15.40.13 LP GAS MISCELLANEOUS:

A. Any accident/incident where LP gas in any form or any application may have been a factor or could become a contributing factor shall be reported immediately to the LP gas bureau. Likewise, any accident/incident where any CNG or LNG- powered vehicle may have been a factor or could become a contributing factor shall be reported immediately to the LP gas bureau.

B. In all cases where a disconnection is made, a notice shall be given to the consumer by the inspector. Such notice shall state that the same has been disconnected by, or on order of, the inspector, together with the reasons therefor. It shall be unlawful for any person other than a licensed installer to reconnect or use any segment of the installation without authorization of an inspector.

C. No delivery of LP gas shall be made into any transportation unit or bulk plant after notice that either the current decal or the license has been suspended or revoked, or the license has expired.

D. The bureau will make available to the industry a compliant form to be used to report any violation of the LP Gas Act, rules and regulations or code. This form shall be submitted to the bureau, at which time the bureau will investigate and furnish a written report back to the complainant with 20 working days, with violations found and action taken.

[19.15.40.13 NMAC - Rp, 19.15.40.13 NMAC, 2/1/2006]

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 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 LICENSING AND 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/or 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 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.

Q. Expedited certification for miliary service members

(1) The applicant shall submit a completed division approved application,

(2) In lieu of passing the examination for each classification, the applicant shall provide documentation satisfactory to the division demonstrating that the:

(a) applicant is currently licensed or certified and in good standing in another jurisdiction, including a branch of the United States armed forces;

(b) applicant has met the minimal licensing or certification requirements in that jurisdiction and the minimal licensing requirements in that jurisdiction are substantially equivalent to the certification requirements for New Mexico; and

(c) submit the following documentation:

(i) for military service member: copy of military orders;

(ii) for spouse of military service members: copy of service member’s military orders, and copy of marriage license;

(iii) for spouses of deceased military service members: copy of deceased service member’s DD214 and copy of marriage license;

(iv) for dependent children of military service members: copy of military orders listing dependent child, or copy of service member’s military orders and one of the following: copy of birth certificate of the dependent child, military service member’s federal tax return or other governmental or judicial documentation establishing dependency;

(v) for veterans (retired or separated): copy of DD214 showing proof of honorable discharge.

(3) The certificate shall be issued by the division as soon as practicable but no later than 30 days after the qualified military service member, spouse, dependent child, or veteran files a completed division

approved application and provides a background check, if required, for the certification.

(4) Miliary service members and veterans shall not be charged a fee for the first three years for a license or certificate, including renewals, issued pursuant to this rule.

(5) A license issued pursuant to this section shall be valid for a one-year period subject to renewal requirements.

(6) Renewal of licenses or certifications issued pursuant to this section require that the licensee satisfy the requirements of 19.15.40.15 NMAC.

R. Potential denial of application, suspension or revocation of a license or certification based on a disqualifying criminal conviction

(1) Pursuant to Section 28-2-4 NMSA 1978, the construction industries commission may deny an application for license or certificate, revoke or suspend a license or certificate if the licensee or certificate holder has been convicted of a felony and the criminal conviction directly relates to the particular trade, business or profession.

(2) Disqualifying criminal felonies and procedures for denying an application for license or

certificate or revocation or suspension of a license or certificate are defined under Subsection C of 14.5.8.8 NMAC.

[19.15.40.15 NMAC – Rp. 19.15.40.15 NMAC, 2/1/2006; A, 4/1/2013; A, 1/1/2015; A, 7/1/2018; A, 1/13/2023]

19.15.40.16 MOTOR FUEL AND PERMANENT MOUNTED TANK REFUELING:

A. Stop all internal combustion engines on vehicles to be serviced.

B. No smoking or open fires.

C. Shut off all pilot lights.

D. Remove all passengers from vehicle.

E. Do not fill past maximum filling capacities.

F. Do not start vehicle until fill connections have separated.

G. Do not relight pilots while in dispensing area.

[19.15.40.16 NMAC - Rp, 19.15.40.16 NMAC, 2/1/2006]

19.15.40.17 SELF SERVICE LP GAS DISPENSERS:

A. Self-service dispensers shall be used to dispense LP gas for motor/mobile fuel only. Only ASME constructed motor/mobile fuel type containers that are permanently secured to a vehicle, that incorporate an eighty percent stop fill device and ASME constructed stack type containers permanently secured to a vehicle shall be filled. The filling of farm carts, moveable fuel storage tenders and DOT cylinders is prohibited. The filling of hot air balloon fuel cells approved by the federal aviation administration will be allowed.

B. All self-service LP Gas dispensers shall comply with the currently adopted version of NFPA 58, sections: Vehicle fuel dispenser and dispensing stations and installation of vehicle fuel dispensers.

C. The main liquid valve(s) opening and closing devices shall be installed so that the valve(s) are in the closed position when the transfer operation is not in use.

D. Self-service LP Gas dispensers shall be equipped with a device(s) for emergency shutdown of LP gas and power, from a location remote from the dispensing and storage areas. The device(s) shall operate to activate the valve(s) installed so as to shut off the power and gas supply to the dispenser(s). The emergency shutdown device(s) shall be distinctly marked for easy recognition.

E. In the event the self service dispenser is located in an area remote from the storage container, an excess flow, or approved shearing device, shall be installed in the piping where it emerges from the ground under the cabinet and be installed so as to ensure that shearing of the piping will occur on the downstream side of the excess flow or shearing device.

F. All hoses used for transfer operation on self service dispensers shall incorporate an approved breakaway (pull -away) device and shall be installed in accordance with the manufacturer's instructions.

G. Appropriate step by step operating instructions shall be posted at or on each dispenser, and shall be readily visible to the operator during transfer operations. The instructions shall describe each action necessary to operate the dispenser.

[19.15.40.17 NMAC - Rp, 19.15.40.17 NMAC, 2/1/2006]

19.15.40.18 PIPING AND APPLIANCES WITHIN BUILDINGS:

A. All piping and LP appliances must meet current NFPA 54 and NFPA 58 requirements, with the exception that anodeless flexible risers may be used at the tank and at the house.

B. LP Gas piping or appliances in attics, under floor area, or below grade must be adequately ventilated. Ventilation openings shall be a minimum of 36 square inches.

C. Gas utilization equipment located in confined spaces shall be provided with two permanent openings, one commencing within 12 inches of the top, and one commencing within 12 inches of the bottom of the enclosure.

[19.15.40.18 NMAC - Rp, 19.15.40.18 NMAC, 2/1/2006]

19.15.40.19 MOVEMENT OF LP GAS CONTAINERS AT COMMERCIAL INDUSTRIAL SITES OR SCHOOLS:

A. At commercial sites, industrial sites or schools no person shall move an LP gas container(s) without written permission from the owner, unless such movement is required on an emergency basis to prevent loss of life or property or the spread of fire or as required to eliminate a safety hazard.

B. This regulation shall not govern situations where it is ordered by any police or fire officials in their performance of their official duties.

C. If an emergency move is made, the LP gas bureau shall be notified by telephone within 12 hours of said move and a written explanation shall be mailed to the LP gas bureau within 24 hours of said move as evidenced by the postmark.

D. Movement of LP gas containers may be made by persons other than the owner ten days after giving written request to the owner, as evidenced by return receipt at his last known address.

E. Containers moved shall be set securely on a stable base as to prevent danger or damage to the container and/or appurtenances by slipping, falling or rollover. All openings shall be secured so as to prevent release of gas in either liquid or vapor form.

[19.15.40.19 NMAC - Rp, 19.15.40.21 NMAC, 2/1/2006]

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

Yes

Relief Valve Setting (%)

100

125

137

156

165

187

192

218

220

250

247

281

275

317

110%

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

Yes

Relief Valve Setting (%)

100

125

220

250

88%

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

Yes

Relief Valve Setting (%)

110

125

132

150

154

175

176

200

198

225

220

250

88%

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, 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]

19.15.40.22 LP GAS INSTALLATIONS AT SPECIAL EVENTS:

A. Containers: All containers must be located outside the booth, the building, or the enclosure. All containers must be secured in a position (usually in an upright position) so that vapor only will be present at the vapor service valve. The secured container's device, such as a chain, must be able to support the weight of the container plus the container's contents. All containers must be approved LP gas container. Any DOT cylinder for LP gas must be marked with the re-qualification date(s) if the container is more than 12 years old. All containers must be leak-free. Any LP gas container showing excessive rust, corrosion, pitting, or denting shall not be used. The bottom of each container shall be checked for these conditions. All portable DOT cylinders must have a fixed "warning" label that includes information on the potential hazards of LP gas. Outlets for all unused containers shall be capped or plugged. The vapor service valve must be sealed when the container is not in use. (Example: A p.o.l. plug installed in the open vapor outlet.) A quick-closing coupling approved for use on LP gas containers may be used in lieu of the sealing cap or plug. When a container's water capacity is greater than 239 pounds (nominal 100 lb.) An LP gas permit must be obtained before using such container.

B. Hoses: The only hoses that shall be used are those approved for use with LP gas. The hose end couplings must be installed as recommended by the hose manufacturer. (Unacceptable: an automotive screw-type clamp installed on the end of the hose.) All hoses must be leak-free. All hoses must be kept out of the way of foot and vehicular traffic.

C. Appliances: All appliances used in food booths must have an accessible shut-off valve near the appliance that can be easily closed in case of an emergency. Only appliances that are leak-free and approved for the use of LP gas shall be used.

D. Filling of containers: The filling of LP gas containers on site shall be done in a designated area separated from the general public or at times when the visitation of the general public is minimal. Nylon jackets, cigarette lighters, strikers, and/or matches are not allowed in the filling area.

E. Leak test: A leak test shall be performed each day before the food booth is opened for business, any time a cylinder is exchanged, and any time the LP gas system is modified. Soap (without ammonia) mixed with water or a combustion gas hand-held electronic leak detector can be used for detection of leaks. The entire system must be free of leaks.

[19.15.40.22 NMAC - Rp, 19.15.40.23 NMAC, 2/1/2006]

19.15.40.23 MANUFACTURED HOMES:

A. Exterior gas piping.

(1) Location of containers, containers and underground piping.

(a) Containers, appurtenances and underground piping shall be installed in accordance with the currently adopted edition of NFPA 54 and NFPA 58.

(b) Underground gas piping shall not be installed under any manufactured home or any attachments to the manufactured home. This is an exception to NFPA 54.

(2) All gas piping beneath a manufactured home shall be adequately supported by galvanized, or equivalently protective metal straps or hangers at least every four feet, except, where adequate support and protection is provided by structural members.

(3) Gas shut-off valves shall not be placed beneath a manufactured home.

(4) Any extensions or alterations made to the gas piping system for the purpose of establishing the supply inlet for connection to the riser may not reduce or restrict the gas piping size from that of the original inlet.

(5) There shall be only one point of crossover between the section of a multi wide manufactured home, which must be readily accessible from the outside.

(6) Unless otherwise approved by the bureau the connector used for the cross-over on multi- wide manufactured homes when gas is supplied to more than one section, must be made by a listed "quick disconnect" device which shall be designed to provide a positive seal of the supply side of the gas system when such device is separated. Refer to Exhibit #1.

(7) The crossover connection shall be of the same size as the piping with which it directly connects.

(8) The gas inlet on the manufactured home shall protrude no more than six inches from the manufactured home. The inlet shall be rigidly anchored or strapped to a structural member within six inches of the point where it enters beneath the manufactured home.

(9) Bond of gas piping.

(a) Gas piping shall not be used as an electrical ground.

(b) Gas piping shall be bonded. Metallic gas piping shall be considered bonded if it is connected to the terminal on the chassis of the manufactured home by clamps, solderless connectors or by suitable ground-type straps.

(10) Location of riser: The gas riser shall be located within 12 inches of the manufactured home.

(11) Site connector. Each manufactured home utilizing gas shall be connected to the manufactured home site outlet by an approved mobile home connector not more than 36 inches in length. If encased flexible polyethylene pipe is used, a flexible connector shall not be required. The above ground portion of the polyethylene flexible riser shall not exceed 36 inches in length and be installed so as to maintain flexibility and compensate for expansion and contraction.

(12) Mechanical protection. All gas outlet risers, regulators, meters, valves or other exposed equipment shall be protected from mechanical damage by vehicles or other causes. Meters shall not be supported by gas service piping. Regulators may be supported by the rigid extended piping of the manufactured home.

(13) Maximum pressure permitted. Gas supplied into the manufactured home shall not exceed 1/2 pounds per square inch gauge or 14 inches water column.

(14) Gas pipe sizing. Gas piping systems shall be sized so that the pressure drop to any appliance inlet connection from any gas supply connections, when all appliances are in operation at maximum capacity, is no more than 0.5 inch water column. Conformance may be determined on the basis of test, or the gas piping system may be sized in accordance with the current National Fuel Gas Code, NFPA 54.

B. Interior gas piping.

(1) Interior gas piping shall be installed in accordance with the currently adopted edition of NFPA 54 and NFPA 58.

(2) Gas -fired appliances. Each gas-fired appliance must have a listed shut-off valve located within three feet of the appliance and located in the same room as the gas appliance.

(3) Appliance connectors. Appliance connectors shall not exceed three feet in length, except for range connectors, which shall not exceed six feet in length.

(4) Inspection testing and purging. Inspection testing and purging shall comply with the currently adopted edition of NFPA 54.

C. Heat producing appliances. Every heat-producing appliance used in manufactured homes shall be listed or certified by an approved nationally recognized testing agency for this application.

(1) Fuel conversion. Fuel burning appliances shall not be converted from one fuel to another unless converted in accordance with the terms of its listing.

(2) Venting. Fuel burning, heating and refrigeration appliances shall be of the vented type and vented to the outside. In no case shall the vent of a gas-burning appliance terminate underneath the manufactured home.

(a) Fuel burning heat-producing appliances, except ranges, gas dryers and ovens, shall have complete separation of the combustion system from the atmosphere of the manufactured home. Combustion air inlets and flue gas outlets shall be listed or certified as components of the appliance.

(b) Vents, roof jacks and special fittings supplied as component parts of an appliance shall be installed in conformity with the terms of their listing. A single wall metal vent shall not be used unless it is a component part of a listed appliance.

(c) Vent terminations shall not be less than three feet from any motor driven air intake that opens into habitable areas.

(d) Every joint of any vent or vent connector shall be secure, rigid, and tight, in alignment and have approved design and workmanship. Vent connectors shall be firmly attached to draft hood outlets or flue collars by sheet metal screws or other approved means, or the vent connectors using listed TYPE B or TYPE L gas vent materials shall be securely assembled using the method shown in the manufacturer's instructions.

(3) Gas clothes dryers.

(a) Clothes dryers shall not be installed in a room intended to be used for sleeping purposes.

(b) Clothes dryers shall be exhausted to the outside air by a moisture lint exhaust duct and terminating fitting listed or certified as components of the appliance.

(c) A clothes dryer moisture lint exhaust duct shall not be connected to any furnace duct, gas vent or chimney.

(d) The moisture lint exhaust duct shall not terminate beneath the manufactured home.

(e) Moisture lint exhaust ducts shall not be connected with sheet metal screws or other fastening devices, which extend into the duct.

(4) Installation. The installation of each heat producing appliance shall conform to the terms of its listing as specified on the appliance and in the manufacturer's instructions. The installer shall leave the manufacturer's instructions attached to the appliance. Every appliance shall be secured in place to avoid displacement and movement from vibration and road shock.

(a) Instructions. Instruction operating instructions shall be provided with the appliance.

(b) Marking. Information on clearances, input ratings, lighting and shutdown shall be attached to the appliances with the same permanence as the nameplate, and so located that it is easily readable when the appliance is properly installed. Each fuel-burning appliance shall bear a permanent marking designating the type(s) of fuel for which it is listed.

(c) Accessibility. Every appliance shall be accessible for inspection, service, repair and replacement without removing permanent construction. Sufficient room shall be available to enable the operator to observe the burner, control and ignition means while starting the appliance.

(5) Location. Heat producing appliances shall be so located that no doors, drapes or other such material can be placed or swung closer to the front of the appliance than the clearances specified on the labeled appliances.

(6) Clearances. Clearances between heat producing appliances and adjacent surfaces shall not be less than specified in the terms of their listing. Clearance spaces shall be framed in or guarded to prevent creation of storage space within the clearance specified.

D. Cross ventilation.

(1) All manufactured homes shall have one square foot of unrestricted venting area for every 150 square feet of enclosed floor space. Vents shall be uniformly distributed on the two

(2) opposite long-walls. At least one vent shall be located within four feet of each end wall.

Vents shall be constructed and installed to exclude entry of vermin and water.

(3) This section shall not apply retroactive to existing installations that were in compliance with the codes in effect at the time of installation or approved prior to the effective date of this document.

E. Manufactured home parks.

(1) Fuel gas equipment and installation. Fuel gas equipment and installations installed within a building in a manufactured home park shall comply with the current standard for the Installation of Gas Appliances and Gas Piping (NFPA 54), or the current standard for the Storage and Handling of Liquefied Petroleum Gases (NFPA 58).

(2) Manufactured home park gas systems. Gas equipment and installations within a manufactured home park shall be designed and constructed in accordance with the applicable codes adopted by the authority having jurisdiction.

(a) Required gas supply. The minimum hourly volume of gas required at each manufactured home lot outlet or any section of the mobile home park has piping system shall be calculated as shown on Chart IV.

CHART IV-Demand Factors for use in Calculating Gas Piping Systems in Manufactured Home Parks.

No Of Manufactured Home Sites	BTU Per Hour Per Mfg. Home Site
1	125,000
2	117,000
3	104,000
4	96,000
5	92,000
6	87,000
7	83,000
8	81,000
9	79,000
10	77,000
11 to 20	66,000
21 to 30	62,000
31 to 40	58,000
41 to 60	55,000
Over 60	50,000

(b) Lot shut-off valve. On systems supplied from a central container, each manufactured home lot shall have an approved gas shut-off valve installed upstream of the mobile home lot gas outlet and located on the outlet riser at a height of not less than four inches above grade. Such valve shall not be located under any manufactured home. Whenever the manufactured home lot outlet is not in use, the outlet shall be equipped with an approved cap or plug to prevent accidental discharge of gas.

[19.15.40.23 NMAC - Rp, 19.15.40.24 NMAC, 2/1/2006]

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

A. 2021 national fuel gas code, referred to as NFPA 54;

B. 2020 liquefied petroleum gas code, referred to as NFPA 58;

C. 2021 standard on recreational vehicles, referred to as NFPA 1192;

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; A, 12/19/2023]

HISTORY OF 19.15.40 NMAC

Pre-NMAC History: The material in this part was derived from that previously filed at the state records center and archives under:

CIC LPG 76-5, General Order No. 21, Rules and Regulations Relating to LPG Industry, filed 1/9/1976;

CID LPG 80-2, (Code LP-1) Code for the Liquefied Petroleum Gas Bureau, Chapters I thru VI, filed 4/10/1980;

CID-LPG-LP-1-85-1, Liquefied Petroleum Gas Code, Code LP-1, filed 11/20/1985;

CID LPG 80-1, (Code LP-2) NFPA No. 58, Storage and Handling Liquefied Petroleum Gases, 1979, filed 4/9/1980;

LP-2-NFPA-58-83, NFPA No. 58, Storage and Handling Liquefied Petroleum Gases, 1983, filed 6/30/1983;

LP-2-NFPA -58-86, NFPA No. 58, Storage and Handling Liquefied Petroleum Gases, 1986, filed 11/18/1986;

LP-2-NFPA-58-89, NFPA No. 58 Storage and Handling of Liquefied Petroleum Gases 1989, filed 9/14/1989;

LP-2-NFPA-58-92, NFPA No. 58 Standards for the Storage and Handling of Liquefied Petroleum Gases, 1992, filed 1/27/1993;

Code LP-3, NFPA No. 54, 1980 National Fuel Gas Code, filed 6/25/1981;

LPGB-LP-3-85-1, NFPA No. 54, 1984 National Fuel Gas Code, filed 5/22/1985;

LPGB-LP-3-88-1, NFPA No. 54, 1988 National Fuel Gas Code, filed 1/20/1989;

LP-3-NFPA-54-92, NFPA No. 54, 1992 National Fuel Gas Code, filed 7/7/1993;

CNG-4-NFPA-52-92, 1992 NFPA 52 Compressed Natural Gas (CNG) Vehicular Fuel Systems, filed 7/7/1993;

CIC LPG 67-4, General Order No. 11, Storage Handling LPG;

CIC LPG 69-4,General Order No. 12, Storage Handling LPG; CIC LPG 72-5, General Order No. 16, Storage Handling LPG, filed 8/23/1972;

CIC LPG 75-5, General Order No. 22, Storage Handling LPG, filed 1/28/1975;

CIC LPG 70-10, General Order No. 13, Certain Fees, filed 6/12/1970;

CIC LPG 75-11, General Order No. 14, License Classification and Fees, filed 12/10/1970;

CIC LPG 73-4, General Order No. 19, Uniform Insurance Endorsement and Certificate, filed 7/6/1973.

History of Repealed Material:

19.15.40 NMAC, New Mexico Liquified Petroleum Gas Standard (filed 2/13/2002) repealed 2/1/2006.

Other History: CID-LPG-LP-1-85-1, Liquefied Petroleum Gas Code, Code LP-1, filed 11/20/1985; LP-2-NFPA-58-92, NFPA No. 58 Standards for the Storage and Handling of Liquefied Petroleum Gases, 1992, filed 1/27/1993; LP-3-NFPA-54-92, NFPA No. 54, 1992 National Fuel Gas Code, filed 7/7/1993; CNG-4-NFPA-52-92, 1992 NFPA 52 Compressed Natural Gas (CNG) Vehicular Fuel Systems, filed 7/7/1993 were all replaced by 19 NMAC 15.4, New Mexico Liquefied Petroleum Gas Standards, filed 10/31/1997 and effective 11/15/1997.

19 NMAC 15.4, New Mexico Liquefied Petroleum Gas Standards, filed 10/31/1997 and effective 11/15/1997 was renumbered, reformatted and amended to 19.15.40 NMAC, effective 03/28/2002.

19.15.40 NMAC, New Mexico Liquified Petroleum Gas Standard (filed 2/13/2002) was replaced by 19.15.40 NMAC, New Mexico Liquified Petroleum Gas Standard, effective 2/1/2006.