Article 1. General And Definitions of California Health And Safety Code >> Division 12. >> Part 2. >> Chapter 6. >> Article 1.
This chapter shall be known, and may be cited, as the
Propane Storage and Handling Safety Act.
For the purposes of this chapter, the following terms have
the following meanings:
(a) "Propane storage system" or "system" means any tank or
collection of tanks or other vessels that are intended or used for
the commercial purpose of storing more than 18,000 gallons of
(b) "Odorized propane" means propane to which ethyl mercaptan or
any other odorizing substance is added.
Prior to January 1, 1996, the State Fire Marshal in
conjunction with the Occupational Safety and Health Standards Board
shall, after public hearings, adopt by reference the 1992 edition of
the NFPA 58 Standard for the Storage and Handling of Liquified
Petroleum Gasses, or as this 1992 edition may be subsequently amended
or supplemented. It is the intent of the Legislature that the NFPA
58 Standard supersede any inconsistent state standards, including,
but not limited to, Sections 470 to 494, inclusive, of Chapter 4 of
Title 8 of the California Code of Regulations, except where Sections
470 to 494, inclusive, of Chapter 4 of Title 8 of the California Code
of Regulations contain a more stringent safety standard than that
contained in the NFPA 58 Standard. Nothing in this section prohibits
the board from adopting more stringent standards than those contained
in the NFPA 58 Standard.
The State Fire Marshal, in cooperation with the Department
of Industrial Relations as appropriate, shall do all of the
(a) Prior to January 1, 1997, inspect and certify the safety of
all propane storage systems existing on January 1, 1995.
(b) Adopt regulations setting forth safety standards for the
siting and construction of fixed propane storage systems. These
standards shall be prepared, adopted, and submitted for approval as
building standards pursuant to Chapter 4 (commencing with Section
18935) of Part 2.5 of Division 13.
(c) Adopt propane storage system fire safety compliance
requirements setting forth propane fire safety handling standards
relating to propane storage systems.
(d) Adopt regulations setting forth minimum training and other
qualifications for personnel handling propane storage systems,
including, but not limited to, continuing education requirements.
(e) Issue operator certificates to persons that comply with
minimum training and other qualifications for personnel handling
propane storage systems.
(f) Adopt standards setting forth minimum training and other
qualifications for firefighting personnel responding to a fire
involving a propane storage system.
(g) Upon completion of inspection of propane storage systems as
required by subdivision (b), the Division of Occupational Safety and
Health and the State Fire Marshal shall report to the Legislature on
the condition of propane storage systems statewide. The report shall
include identification and location of the propane storage systems
inspected; identification of fire safety violations, if any, at each
system inspected, and a determination of whether the fire safety
violation was significant or minor. The report shall also include
what remedial actions were taken, or were proposed to be taken, to
correct the violations, and whether the propane storage system is in
compliance with current fire safety requirements.
The Division of Occupational Safety and Health and the State Fire
Marshal shall also recommend in the report, after consulting with
representatives of the propane industry, any corrective or remedial
legislation necessary to ensure future compliance with fire safety
requirements, including, but not limited to, future fire safety
inspection requirements, including the recommended frequency of these
The Department of Industrial Relations shall on or before
January 1, 1996, develop a propane storage system inspection training
curriculum and certification program for inspectors who are
authorized to inspect propane storage system pressure vessels. The
training curriculum shall include, but is not limited to, training
and enforcement procedures for the NFPA 58 Standard, Article 82 of
the Uniform Fire Code Standards, and the propane storage system fire
safety compliance requirements adopted pursuant to subdivision (d) of
Any requirements adopted as provisions of the federal
Clean Air Act (42 U.S.C. Sec. 7401 et seq.) shall supersede this
Any costs incurred by state agencies or departments
pursuant to this article, that are not funded through fees pursuant
to Section 13244.5, shall be funded from existing resources.