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TITLE 16ECONOMIC REGULATION
PART 1RAILROAD COMMISSION OF TEXAS
CHAPTER 9LP-GAS SAFETY RULES
SUBCHAPTER BLP-GAS INSTALLATIONS, CONTAINERS, APPURTENANCES, AND EQUIPMENT REQUIREMENTS
RULE §9.140Uniform Protection Standards

(a) In addition to NFPA 58 §6.24.3.14, LP-gas transfer systems and storage containers shall be protected from tampering and/or vehicular traffic as specified in this section. New LP-gas containers which have never been installed or had LP-gas introduced into them, or other installations listed in paragraphs (1) - (4) of this subsection, are not required to comply with the fencing and guard railing requirements in subsections (b) and (d) of this section. The fencing and guard railing requirements also do not apply to the following:

  (1) LP-gas systems and containers located at private residences;

  (2) LP-gas systems and containers which service vapor systems where the aggregate storage capacity of the installation is less than 4,001 gallons, unless the LP-gas system, transfer system, or container is subject to tampering or vehicular traffic;

  (3) LP-gas piping which contains no valves and which complies with all other applicable LP-Gas Safety Rules; and

  (4) LP-gas storage containers located on a rural consumer's property from which motor or mobile fuel containers are filled.

(b) In addition to NFPA 58, §§6.18.4.2, 6.19.3.2, 6.24.3.7, 7.2.3.8, 8.2.1.1, and 8.4.2.1. fencing at LP-gas installations shall comply with the following:

  (1) Fencing material shall be chain link with wire at least 12 1/2 American wire gauge in size, or industrial-type fencing, or material providing equivalent protection as determined by LP-Gas Operations.

  (2) Fencing shall be at least six feet in height at all points.

  (3) Uprights, braces, and cornerposts of the fence shall be composed of noncombustible material.

  (4) 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. There shall be at least two means of emergency access from the fenced enclosure. If guard service is provided, it shall be extended to the LP-gas installation. Guard service shall be properly trained as set forth in §9.51(b)(4) of this title (relating to General Requirements for Training and Continuing Education). However, if a fenced area is not larger than 100 square feet in area, the point of transfer is within three feet of a gate, and any containers being filled are not located within the enclosure, a second gate shall not be required.

  (5) Clearance of at least three feet shall be maintained between the fencing and the container and the entire transfer system.

  (6) Fencing which is located more than 25 feet from any point of an LP-gas transfer system or container shall be designated as perimeter fencing. If an LP-gas transfer system or container is located inside perimeter fencing and is subject to vehicular traffic, it shall be protected against damage according to the specifications set forth in subsection (d) of this section.

  (7) The operating end of a container, including the entire transfer system, shall be completely enclosed by fencing.

(c) Containers which are exempt from the fencing requirements include:

  (1) ASME containers or manual dispensers originally manufactured to or modified to be considered by LP-Gas Operations as self-contained units. Self-contained units shall be protected as specified in subsection (d) of this section;

  (2) DOT portable or forklift containers in storage racks or at single family dwellings used as private residences; and

  (3) DOT portable or forklift containers that have been used in LP-gas service but are not awaiting use or resale.

(d) In addition to NFPA 58, §§6.6.1.2, 6.6.6.1(a) - (d), 6.6.6.2(6), 6.18.4.2, 6.24.3.12, and 8.4.2, guardrails at LP-gas installations, except as noted in subsection (a) of this section, shall comply with the following:

  (1) In addition to NFPA 58 §6.18.4.2(c), where fencing is not used to protect the installation as specified in subsection (b) of this section, locks for the valves or other suitable means shall be provided to prevent unauthorized withdrawal of LP-gas, and guardrailing specified in paragraphs (2) - (6) of this subsection, or protection considered by LP-Gas Operations to be equivalent, shall be required.

  (2) Vertical supports for guardrails 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 into the guardpost; 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.

  (3) The top of the horizontal guardrailing shall be secured to the vertical supports at least 30 inches above the ground. The horizontal guardrailing shall be at least three-inch schedule 40 steel pipe or other material with equal or greater strength. The horizontal guardrailing shall be capped on the ends or otherwise protected to prevent the entrance of water or debris into the guardpost; 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.

  (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 railing and any part of an LP-gas transfer system or container or clearance of two feet for retail cylinder filling or service station installations. The two posts at the ends of any railing 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) The operating end of the container and any part of the LP-gas transfer system or container which is exposed to collision damage or vehicular traffic shall be protected from this type of damage. The 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.

(e) A combination of fencing and guardrails specified in subsections (b) and (d) of this section shall not result in less protection than using either fencing or guardrails alone.

(f) If exceptional circumstances exist or will exist at an installation which would require additional protection such as larger-diameter guardrailing, then the licensee or operator shall install such additional protection. In addition, LP-Gas Operations 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. LP-Gas Operations 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 LP-Gas Operations' 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 LP-Gas Operations or removed from service with all product withdrawn from it until LP-Gas Operations' final decision.

(g) 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 guardrailing as required in subsection (d) of this section, and bulkheads as required by §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 11 in the column entitled "Requirements" in Table 1 applies to facilities which have two or more containers.

  (5) 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 §9.17(a) of this title (relating to Designation and Responsibilities of Company Representative and Operations Supervisor).

  (6) 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.

  (7) Licensees and non-licensees shall comply with operational and/or procedural actions specified by the signage requirements of this section.

  (8) 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.

(h) Storage racks used to store nominal 20-pound DOT portable or any size forklift containers shall be protected against vehicular damage by:

  (1) meeting the guardrail requirements of subsection (d) of this section; or

  (2) installing guard posts, provided:

    (A) effective February 1, 2008, for new installations, the guard posts are installed a minimum of 18 inches from each storage rack and 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 30 inches below ground and rising at least 30 inches above the ground; or

    (B) effective February 1, 2008, for new installations, the guard posts are installed a minimum of 18 inches from each storage rack and are 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 guard posts and steel plate shall be permanently installed and securely anchored to a concrete driveway or concrete parking area.

  (3) Guardrail or guard posts are not required to be installed if:

    (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) 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;

  (4) All parking wheel stops and cylinder storage racks in paragraph (3) of this subsection must be secured against displacement.

(i) Self-service dispensers shall be protected against vehicular damage by:

  (1) guardrails that comply with subsection (d)(2) - (6) of this section; or

  (2) guard posts that comply with subsection (d)(2) 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 LP-Gas Operations, provided:

    (A) such protection extends beyond the framework of the dispenser; and

    (B) at least 24 inches of clearance is maintained between the approach end of the dispenser and the protective barrier.

  (4) Self-service dispensers utilizing protection specified in paragraphs (2) - (3) of this subsection 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.


Source Note: 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

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