Public Safety

Fire Marshal

Rule R710-6: Liquefied Petroleum Gas Rule

Effective Date: 09/13/2016

Admin. Code Reference: R710-6

Rule Type: Current Rule

R710. Public Safety, Fire Marshal.

R710-6. Liquefied Petroleum Gas Rule.

R710-6-1. Purpose.

This rule establishes the standards and requirements to license individuals who distribute, transfer, dispense, or install LP Gas or LP Gas appliances in the state.

R710-6-2. Authority.

This rule is authorized by Section 53-7-305.

R710-6-3. Definitions.

(1) Terms used in this rule are defined in Sections 53-7-302 and 53-7-102.

(2) In addition:

(a) "ASME" means the American Society of Mechanical Engineers.

(b) "ASME Stamp" means the symbol used to designate that the container has been built to the ASME Boiler and Pressure Vessel Code, Section VIII, Divisions 1 or 2, Rules for the Construction of Unfired Pressure Vessels.

(c) "Dispenser" means pump assemblies, transfer hoses, meters and associated equipment that is mounted, anchored, or may be installed inside of a steel cabinet, which may be installed on a common base, separate base, or separate location as the container.

(d) "Dispensing System" means equipment in which LP Gas is transferred from one container to another in liquid form.

(e) "ICC" means International Code Council, Inc.

(f) "IFGC" means International Fuel Gas Code.

(g) "LPG Certificate" means a written or electronic document issued by the division to any person to grant permission to such person to perform an act or acts for which authorization is required.

(h) "NFPA" means the National Fire Protection Association.

(i) "Public Place" means a highway, street, alley or other parcel of land, essentially unobstructed, which is deeded, dedicated or otherwise appropriated to the public for public use, and where the public exists, travels, traverses or is likely to frequent.

R710-6-4. Licensing.

(1) The division may issue the following types of licenses:

(a) Class I: A licensed dealer who is engaged in the business of installing gas appliances or systems for the use of LPG and who sells, fills, refills, delivers, or is permitted to deliver any LPG.

(b) Class II: A business engaged in the sale, transportation, and exchange of cylinders, but not transporting or transferring gas in liquid.

(c) Class III: A business not engaged in the sale of LPG, but engaged in the sale and installation of gas appliances, or LPG systems.

(d) Class IV: Any of the following businesses:

(i) dispensers;

(ii) sale of used containers greater than 96 pounds water capacity; and

(iii) other LPG businesses not listed in Subsections R710-6-4(1)(a) through (c).

(2) The application for a license to engage in the business of LPG as required in Subsection R710-6-5(1), shall be accompanied with proof of general liability insurance.

(a) The general liability insurance shall be issued by a general liability insurance carrier showing coverage of at least $1,000,000 for each incident, and $2,000,000 in total coverage.

(b) The licensee shall notify the division within 30 days after the general liability insurance coverage required is no longer in effect for any reason.

(3) The application shall be signed by an authorized representative of the applicant.

(a) If the application is made by a partnership, it shall be signed by at least one partner.

(b) If the application is made by a corporation or association other than a partnership, it shall be signed by the principal officers or authorized agents.

(4) The division shall issue a license upon receipt of a properly completed application, an inspection, completion of inspection requirements, and compliance with Title 53, Chapter 7, Part 3, Liquefied Petroleum Gas Act and this rule.

(5) Licenses shall be valid for one year from the date of application.

(6) Application for renewal shall be made on forms provided by the division.

(7) The board may deny to renew a license for any reason they are authorized, pursuant to Section R710-6-6, to deny an initial license.

(8) A licensee shall notify the division, via email, within 30 days of any change of address.

(9) A licensee may not conduct business under a name other than the name or names which appear on the license.

(10) The division shall make available to the enforcing authority, the name, business address, and license number of each person that is licensed pursuant to this rule upon request and without cost.

(11) The holder of any license shall submit such license for inspection upon request of the enforcing authority.

(12) A licensed person shall, within 20 days of employment, and within 20 days of termination of any employee, report to the division, the name and LPG certificate number, if any, of every person performing any act requiring an LPG certificate for such licensed person.

(13) A license issued pursuant to this rule shall be posted in a conspicuous place on the premises of the licensed location.

(14) A duplicate license may be issued by the division to replace any previously issued license, which has been lost or destroyed, upon the submission of a written statement from the licensee to the division.

(a) The written statement shall attest as to whether the license has been lost or destroyed.

(b) If the original license is found it shall be surrendered to division within 15 days, except if the license is a digital license.

(15) A license shall be identified by a number, delineated as P-number.

(16) A licensee who is involved in an accident involving LPG shall immediately report to the division by telephone and in writing within three days the following information:

(a) any pertinent information such as the location, names of persons involved, cause, contributing factors, and the type of accident; and whether death or serious injury of persons, or property damage of $5,000 or more resulted from the accident.

R710-6-5. LP Gas Certificates.

(1) An individual seeking to obtain an LPG certification shall submit an application to the division, which shall be signed by the applicant.

(2) An individual who performs any act described in Section 53-7-308, shall pass an initial examination in each of the following categories they are seeking certification:

(a) Carburetion;

(b) Dispenser;

(d) Recreational Vehicle Service;

(e) Service Technician; and

(f) Transportation and Delivery.

(3) The initial examination shall include an open book written test or online test of the applicant's knowledge of the work to be performed by the applicant.

(a) The applicant is allowed to use Title 53, Chapter 7, Part 3, Liquefied Petroleum Gas Act, this rule, IFGC, NFPA 54, NFPA 1192, and NFPA 58.

(b) Any other materials to include cellular telephones or related cellular equipment are prohibited in the examination room.

(c) Leaving the office or testing location before the completion of the examination shall void the examination and will require the examination to be retaken by the applicant.

(d) To successfully complete the written or online examinations, the applicant must obtain a minimum grade of 70% in each portion or category of the examination.

(i) Each portion or category of the examination will be graded separately.

(ii) If an applicant takes a paper examination for multiple categories during a single session for more than one category, failure of the examination in a single category will not cause the applicant to fail the other categories of the examination.

(e) An applicant may have the requirement for initial examination waived if the applicant submits documentation of the following:

(i) successful completion of the Propane Education Research Council (PERC) Education Program, a similar successor program promulgated by PERC, a program demonstrated to be equivalent to the PEP program, or successor program promulgated by PERC;

(ii) successful completion of the requirements in Code of Federal Regulations, CFR 49, Parts 172.700, 172.704, 177.800 and 177.816, that correspond to the work to be performed by the applicant;

(iii) successful completion of the Rocky Mountain Gas Association Natural Gas Technician Certification Exam, or a successor testing program; or

(iv) proof of licensure as a journeyman plumber as required in Rule R156-55c, Plumber Licensing Act Rule.

(5) LPG certificates shall be valid for one year from the date of issuance.

(6) Application for renewal shall be made on forms provided by the division.

(7) A holder of a valid LPG Certificate shall take a re-examination test every five years from the date of original certificate issuance.

(a) The re-examination test shall consist of an open book examination;

(b) the open book re-examination shall consist of questions that focus on changes in the last five years to NFPA 1192, NFPA 54, NFPA 58, Title 53, Chapter 7, Part 3, Liquefied Petroleum Gas Act, and this rule;

(c) the re-examination test may also consist of questions that focus on practices of concern as noted by the board or division;

(d) the certificate holder shall complete the re-examination in sufficient time to renew; and

(e) the certificate holder shall submit to the division the correct renewal fees to complete that certificate renewal.

(8) An applicant may have the requirement for re- examination waived if the applicant submits documentation of the following:

(a) successful completion of the requirements in Code of Federal Regulations CFR 49, Parts 172.700, 172.704, 177.800 and 177.816, that corresponds to the work to be performed by the applicant; or

(b) written verification of the completion of 40 hours of continuing training over the previous five-year period related to the work to be performed by the applicant.

(9) The division may deny to renew an LPG certificate in the same manner and for any reason that is authorized pursuant to Subsection R710-6-6(2).

(10) The holder of an LPG certificate shall submit such certificate for inspection, upon request of the enforcing authority.

R710-6-6. Responsibilities and Requirements for Certificate Holders.

(1) An LPG certificate shall show the type of act or acts to be performed and for which the applicant has qualified.

(2) An individual holding a valid LPG certificate may not be authorized to perform any act unless they are a licensee or are employed by a licensed person.

(3) It is the responsibility of the LPG certificate holder to ensure that the person they are employed by is licensed under this act.

(4) The requirements listed in Subsections R710-6-6(2) and (3) do not apply to licensed journeyman plumbers who meet the requirements this rule, or final consumers that meet the requirements in Section 53-7-308.

(5) A duplicate LPG certificate may be issued by the division to replace any previously issued certificate which has been lost or destroyed upon the submission of a written statement to the division from the certified person.

(a) The written statement shall attest as to whether the certificate has been lost or destroyed.

(b) If the original certificate is found, it shall be surrendered to the division within 15 days.

(6) An LPG certificate issued shall contain the following information:

(a) the name of the applicant;

(b) the signature of the LP Gas Board Chair or the State Fire Marshal;

(d) the expiration date; and

(e) the type of service the person is qualified to perform.

(7) An LPG certificate may not be issued to a person who is under 16 years of age.

(8) The issuance of a certificate does not grant the individual the authorization to enforce this rule.

(9) An LPG certificate may be used for identification purposes only as long as such certificate remains valid and while the holder is employed by a licensed person.

(10) Regardless of the acts for which the applicant has qualified, the performance of only those acts authorized under the licensed person employing such applicant shall be permissible.

(11) Regardless of the acts authorized to be performed by a licensed person, only those acts for which the applicant for a LPG certificate has qualified shall be permissible by such applicant.

(12) LPG Certificates are not transferable to another individual and shall be carried by the person to whom they are issued.

(13) New employees of a licensed person may perform the various acts while under the direct supervision of persons holding a valid LPG certificate for a period not to exceed 45 days from the initial date of employment.

(a) By the end of such period, an employee seeking to obtain a LPG certificate shall have passed the required examination.

(b) In the event the employee fails the examination, re-examination shall be taken within 30 days.

(c) The employee shall remain under the direct supervision of an employee holding a valid LPG certificate, until certified.

(14) Every LPG certificate shall be identified by a number, delineated as PE-number, and such number may not be transferred from one person to another.

R710-6-7. Adjudicative Proceedings.

(1) Adjudicative proceedings performed by the division or board are designated as informal adjudicative proceedings under Section 63G-4-202.

(2) The division may suspend, revoke, or deny to issue or to renew a license or certificate if the applicant, individual employed for, or the individual having authority and management of a person engages in any of the following conduct:

(a) the individual or applicant is not the real person in interest;

(b) the individual or applicant provides material misrepresentation or false statement in the application, whether for an original or renewal certificate;

(c) the individual or applicant refuses to allow inspection by the division or enforcing authority on an annual basis to determine compliance with this rule;

(d) the individual, applicant, or licensee for a license does not have the proper or necessary facilities, including qualified personnel to conduct the operations for which application is made;

(e) the individual or applicant for a LPG certificate does not have the qualifications of skill or competence to conduct the operations for which application is made, which can also be evidenced by failure to pass the examination;

(f) the individual or applicant refuses to take the examination;

(g) the individual or applicant has been convicted of a violation of one or more federal, state, or local laws;

(h) the individual or applicant has been convicted of a violation of this rule or has been found by a board administrative proceeding to have violated this rule;

(i) any offense or finding of unlawful conduct, or there is or may be a threat to the public's health or safety if the person or applicant were granted a license or certificate of registration;

(j) there are other factors upon which a reasonable and prudent person would rely to determine the suitability of the person or applicant to safely and competently distribute, transfer, dispense or install LP Gas or it's appliances;

(k) the individual or applicant does not complete the re-examination process before the certificate or license expiration date; or

(l) the individual or applicant fails to pay any fee as required in Section R710-6-8.

(3) An individual whose license or certificate of registration is suspended or revoked by the division may request a hearing before the board within 20 days after receiving notice.

(4) Adjudicative proceedings, other than criminal prosecution, taken by the enforcing authority to enforce Title 53, Chapter 7, Part 3, Liquefied Petroleum Gas Act, and this rule, shall begin in accordance with Section 63G-4-201.

(5) The board shall:

(a) act as the hearing authority;

(b) convene after timely notice to each party involved; and

(6) The board shall issue a signed order to the parties involved pursuant to Section 63G-4-203.

(7) Reconsideration of the board's decision may be requested in writing within 20 days of the date of the decision pursuant to Section 63G-4-302.

(8) After a period of three years from the date of revocation, the board may review the written or electronic application of a person whose license or certificate of registration has been revoked.

(9) Judicial review of any final board actions resulting from informal adjudicative proceedings is available pursuant to Section 63G-4-402.

R710-6-8. Fees.

When an LPG certificate has expired for more than one year, an application shall be made for an original certificate as if the application was being made for the first time; and

(1) new examinations shall be taken; and

(2) new examination fees shall be paid.

R710-6-9. Board Procedures.

(1)

The chair and board members shall be entitled to vote on any issue considered by the board. A board member who declares a conflict of interest or where a conflict of interest has been determined, shall recuse themselves and not vote on that particular issue.

(2) The division shall provide the board with a secretary, who shall prepare minutes and shall perform secretarial duties necessary for the board to fulfill its responsibility.

(3) The board chair may assign a member various assignments as required to aid in the promotion of safety, health and welfare in the use of LPG.

R710-6-10. Amendments and Additions.

(1) LP Gas facilities that are located in a public place shall be inspected by a certified LP Gas technician every five years for leaks in any buried piping as follows:

(a) if a leak is detected and repaired, the buried piping shall again be pressure tested for leaks;

(b) the certified LP Gas technician shall keep a written record of the inspection and any corrections made to the buried piping located in a public place; and

(2) When the division is required to complete more than two inspections to receive compliance on an LP Gas System, container, apparatus, appliance, appurtenance, tank or tank trailer, or any pertinent equipment for the storage, transportation, or dispensation of LP Gas, the division shall charge to the owner for each additional inspection or re-inspection fee.

(3) LP Gas containers of more than 5,000 water gallons shall be inspected at least biannually for compliance with Title 53, Chapter 7, Part 3, Liquefied Petroleum Gas Act and this rule. The following containers are exempt from this requirement:

(a) those excluded from the act in Section 53-7-303;

(b) containers under federal control;

(d) containers located at private residences.

(4) Those using self-serve key or card services shall be trained in safe filling practices by the licensed dealer providing the services, and a letter shall be sent to the division by the licensed dealer stating that those using the self-serve key or card service have been trained.

(5) American Society of Testing and Materials (ASTM) A-212 Steel pressure propane containers greater than 5,000 water gallons may not be brought into the state or relocated within the state. Effected Containers are identified with material as SA212, SA212A, SA212B, A212B or other identified as 212 material construction.

(6) The following are amendments and additions to the codes and standards adopted under Section 15A-5-103 to regulate LPG systems:

(a) NFPA, Standard 58, Section 5.2.1.1 is amended to add the following section: (d) All new, used or existing containers of 5,000 water gallons or less, installed in the state or relocated within the state shall be marked with the ASME stamp as defined in Subsection R710-6-3(3). All new, used or existing containers of more than 5,000 water gallons, installed in the state or relocated within the state, shall be marked with the ASME stamp as defined in Subsection R710-6-3(3), and shall be inspected for approval by the division. If the division has concerns about the integrity or condition of the container, additional nondestructive testing may be required to include hydrostatic testing, ultrasonic metal thickness testing or any other testing as determined necessary by the division. All incurred costs for additional testing required by the division shall be the responsibility of the owner.

(b) NFPA, Standard 58, Section 5.2.1.1 is amended to add the following section: (e) If an existing U68, U69, U200 or U201 specification container, more than 5,000 water gallons, is relocated within the state, and does not bear the required ASME stamp as defined in Subsection R710-6-3(3), the container cannot be reinstalled unless the container has received a "Special Classification Permit" from the division. Specifications of the type of container, container history if known, material specifications and calculations, and condition of the container shall be submitted to the division by the person seeking the "Special Classification Permit". The division shall inspect the container for approval. If the division has concerns about the integrity or condition of the container, additional nondestructive tests such as hydrostatic testing, ultrasonic metal thickness testing or any other testing as determined necessary by the division. All incurred costs of testing and evaluations shall be the responsibility of the owner. The division will approve or disapprove the proposed container. Approval by the division shall be obtained before the container is set or filled with LP Gas.

(c) NFPA, Standard 58, Section 5.2.1.6 is amended to add the following sentence at the end of the section: (A) Repairs and alterations shall only be made by those holding a National Board "R" Certificate of Authorization commonly known as an R Stamp.

(d) NFPA Standard 58, Sections 5.11.3.2.1(2)(a) and (b) are deleted and rewritten as follows: Type K copper tubing without joints below grade may be used in exterior LP Gas piping systems only.

(e) NFPA, Standard 58, Section 6.8.3 is amended to add the following section: 6.8.3.5 Skid mounted ASME horizontal containers greater than 2000 water gallons, with non-fireproofed steel mounted attached supports, resting on concrete, pavement, gravel or firm packed earth, may be mounted on the attached supports to a maximum of 12 inches from the top of the skid to the bottom of the container.

(f) NFPA, Standard 58, Section 6.8.7 is amended to add the following: (N) All metallic equipment and components that are buried or mounded shall have cathodic protection installed to protect the metal and shall meet the following requirements:

(i) sacrificial anodes shall be installed as required by the size of the container. If more than one sacrificial anode is required they shall be evenly distributed around the container;

(ii) sacrificial anodes shall be connected to the container or piping as recommended by the manufacturer or using accepted engineering practices; and

(iii) sacrificial anodes shall be placed as near the bottom of the container as possible and about two feet away from the container.

(g) NFPA, Standard 58, Section 6.27.3.19 is added as follows: On dispensing installations, 1,000 gallon water capacity or less, where the dispensing cabinet is located next to the LP Gas container, stainless steel wire braid hose of more than 36 inches in length may be used on vapor and liquid return lines only. The hose shall be secured and routed in a safe and professional manner.

(h) NFPA, Standard 58, Section 8.4.1.1(1) is amended as follows: On line one remove "5ft (1.5m)" and replace it with "10 ft (3m)".

R710-6-11. Validity.

If any article, section, subsection, sentence, clause, or phrase, of this rule is for any reason held to be unconstitutional, contrary to statute, or exceeding the authority of the LPG Board, such decision may not affect the validity of the remaining portion of this rule.

R710-6-12. Conflicts.

In the event where separate requirements pertain to the same situation in the same code, or between different codes or standards as adopted, the more restrictive requirement shall govern, as determined by the enforcing authority.

KEY: liquefied petroleum gas

Date of Last Change: August 25, 2025

Notice of Continuation: August 28, 2025

Authorizing, and Implemented or Interpreted Law: 53-7-305