Mo. Code Regs. tit. 2 § 90-10.011
Current through Register Vol. 49, No.12, June 17, 2024
Section 2 CSR 90-10.011 - Inspection Authority-DutiesPURPOSE: This amendment updates this section to reflect the adoption of the updated publication of NFPA 58 as well as remove references to 1192 as it is being rescinded.
PUBLISHER'S NOTE: The secretary of state has determined that the publication of the entire text of the material which is incorporated by reference as a portion of this rule would be unduly cumbersome or expensive.
This material as incorporated by reference in this rule shall be maintained by the agency at its headquarters and shall be made available to the public for inspection and copying at no more than the actual cost of reproduction. This note applies only to the reference material. The entire text of the rule is printed here.
(1) The director is the officer in charge of the safety in the storage, handling, and use of liquefied petroleum gas of the Missouri Propane Gas Commission referred to as the inspection authority. (A) The director of the Missouri Department of Agriculture is the officer in charge of the collection of meter inspection fees and liquefied petroleum gas (LP gas) meter inspections.(2) The inspection authority shall have discretional authority to require annual leak testing of all LP gas piping systems serving schools, churches, nursing homes, resorts, mobile home parks, public housing, hospitals, amusement parks, summer camps (Boy Scout, Girl Scout, church, etc.), and other public buildings and institutions. It shall be the responsibility of the owner, administrator, superintendent, director, or other responsible person directly associated with any of the piping systems serving any of the listed public buildings, mobile home parks, summer camps (Boy Scout, Girl Scout, church, etc.), amusement parks, and institutions to assume full responsibility to secure the annual leak test of the LP gas system on or before September 1 of each calendar year with the exception of summer camps and amusement parks which shall be completed on or before May 1 of each calendar year. A copy of the test report shall be submitted to the inspection authority within five (5) days after completion of the test. Failure to complete the required annual leak tests may be due cause to consider the LP gas system unsafe for continued use and shall be reason to place the system out-of-service until the time a leak test is completed and the system found to be free of leaks and safe for continued operation.(3) The standards for storage and handling of LP gases and the standards for the installation of gas appliances and gas piping as published in the National Fire Protection Association publications, Numbers 54, 2015 edition; 58, 2017 edition. All publications are published by the National Fire Protection Association, 1 Batterymarch Park, Quincy, MA 02269-9101, which are incorporated by reference, and will be adhered to by the inspection authority in the course of administering its duties. This rule does not incorporate any subsequent amendments or additions to the referenced material. These are adopted as rules in 2 CSR 90-10.020, 2 CSR 90-10.040, 2 CSR 90-10.060, and 2 CSR 90-10.090.(4) For the purpose of ascertaining whether any container or system complies with all rules regulating the storage and handling of LPGs and the installation of appliances and piping- (A) The inspection authority and/or the authorized agents, deputies, and inspectors shall have free access, at reasonable times and upon reasonable notice, to any premises where a LP gas container or system is offered for sale, stored, being repaired, installed, or being used; and(B) Owners, operators, drivers, custodians, and occupants of transport vehicles, during reasonable hours and upon reasonable request of the inspection authority, shall permit inspection of that vehicle.(5) Any person, firm, corporation, or others making LP gas installations or supplying fuel for installations, upon reasonable request, shall furnish reasonable and pertinent information as may be considered necessary by the inspection authority to determine that there is compliance with the rules.(6) An exception to these regulations may be approved by the inspection authority after sufficient evidence is supplied showing that the exception will provide a level of safety at least equivalent to that contemplated by the regulations.(7) The provisions of these regulations shall not be construed as prohibiting the continued use of an installation which received the written approval of the inspection authority at the time of installation or was in compliance with safety standards and codes at the time of installation, unless circumstances of a hazardous nature justify correction for the benefit of public safety.(8) If the director determines that any LP gas container constitutes an immediate danger to the public or property, s/he shall require the immediate removal of liquid and vapor LP gas from the container by a registered LP gas dealer or company. If the director determines that any LP gas appliance, equipment, or system constitutes an immediate danger to the public and property, s/he shall require the immediate disconnection by a registered LP gas dealer or company from the LP gas container. AUTHORITY: section 323.020, RSMo Supp. 2012.* Original rule filed July 13, 1977, effective Nov. 11 , 1977. Amended: Filed May 2, 1985, effective Sept. 27, 1985. Amended: Filed March 3, 1989, effective June 29, 1989. Amended: Filed April 3, 1990, effective June 28, 1990. Emergency amendment filed Oct. 15, 2008, effective Oct. 25, 2008, expired April 22, 2009. Amended: Filed Oct. 15, 2008, effective March 30, 2009. Amended: Filed June 13, 2011 , effective Jan. 30, 2012. Amended: Filed June 26, 2012, effective Jan. 30, 2013. Amended by Missouri Register December 1, 2014/Volume 39, Number 23, effective 1/29/2015Amended by Missouri Register January 3, 2017/Volume 42, Number 1, effective 2/28/2017*Original authority: 323.020, RSMo 1947, amended 1994, 1998, 2005, 2007.