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Section 4453 Of Chapter 4.1. Enforcement Of Federal Pipeline Safety Standards For Propane Operators From California Public Utilities Code >> Division 2. >> Chapter 4.1.
4453
. (a) The commission shall conduct an initial inspection of
each distribution system which shall take place on the premises. The
inspection shall determine if the distribution system falls under the
commission's safety program pursuant to paragraph (2) of subdivision
(c) of Section 4452. If it is determined that it does not, then the
inspection shall be terminated immediately. Otherwise, the
inspection, and all followup inspections, shall consist of all of the
following:
(1) A review of the adequacy of the operator's operation and maintenance plan, emergency plan, and system map or maps.
(2) Evaluation of the information contained in the required annual report.
(3) A review of the records of leak surveys and repairs, corrosion control, and cathodic protection of the system.
(4) If deemed appropriate from the review of the records, a physical inspection of the propane distribution system to ensure compliance with the federal law, the applicable sections of General Order 112 relating to the distribution system, NFPA 58, and any rules and orders adopted by the commission pursuant to this chapter.
(b) If the operator demonstrates compliance pursuant to subdivision (a), the distribution system shall thereafter be inspected at least once every seven years pursuant to a risk-based inspection schedule adopted by the commission. The subsequent inspections shall consist of the elements specified in subdivision (a). However, the commission may institute an inspection for a distribution system of any size, at any time, if it determines, following a review of a subsequent annual report or receipt of a complaint, that an additional inspection is necessary.
(c) If the operator does not demonstrate compliance pursuant to subdivision (a), the distribution system may be inspected on an annual basis until such time as there is compliance, and thereafter, shall be inspected as specified in subdivision (b).
(d) If upon the initial inspection or any subsequent inspection, the commission determines the presence of a propane leak or other safety hazard in the distribution system that poses a significant or immediate danger to the health and safety of the customers, the distribution system may be inspected more frequently until the condition is corrected. Once corrected, the distribution system shall be inspected as specified in subdivision (b).
(e) The commission may require an operator to provide necessary assistance to commission inspectors in entering and inspecting the distribution systems, including, but not limited to:
(1) Allowing commission inspectors entry to the premises.
(2) Having, upon notice, the necessary records specified in subdivision (a) available for the commission inspector's review during the physical inspection.
(3) Assisting in surveying or uncovering portions of the distribution systems for purposes of inspection, verification, and testing.
(f) It shall be a violation for an operator to willfully obstruct a commission inspector's access, entry, or inspection of a distribution system or to remove a warning tag placed on the operator' s tank by a commission inspector pursuant to subdivision (b) of Section 4456.
(g) The commission may enforce subdivision (f) by issuing a citation in the manner specified in subdivision (b) of Section 4457, and shall notify the department or local enforcement agency, the supplier serving the distribution system, the State Fire Marshal, local fire districts, and the operator of any citation issued pursuant to this subdivision.
(h) If the commission determined, upon inspection or a receipt of a complaint or disclosure, that a distribution system pursuant to paragraph (2) of subdivision (c) of Section 4452 is serving more than nine customers, or if any portion of the system is located in a public place, then the distribution system shall be subject to the commission's safety program as set forth in this chapter.
(1) A review of the adequacy of the operator's operation and maintenance plan, emergency plan, and system map or maps.
(2) Evaluation of the information contained in the required annual report.
(3) A review of the records of leak surveys and repairs, corrosion control, and cathodic protection of the system.
(4) If deemed appropriate from the review of the records, a physical inspection of the propane distribution system to ensure compliance with the federal law, the applicable sections of General Order 112 relating to the distribution system, NFPA 58, and any rules and orders adopted by the commission pursuant to this chapter.
(b) If the operator demonstrates compliance pursuant to subdivision (a), the distribution system shall thereafter be inspected at least once every seven years pursuant to a risk-based inspection schedule adopted by the commission. The subsequent inspections shall consist of the elements specified in subdivision (a). However, the commission may institute an inspection for a distribution system of any size, at any time, if it determines, following a review of a subsequent annual report or receipt of a complaint, that an additional inspection is necessary.
(c) If the operator does not demonstrate compliance pursuant to subdivision (a), the distribution system may be inspected on an annual basis until such time as there is compliance, and thereafter, shall be inspected as specified in subdivision (b).
(d) If upon the initial inspection or any subsequent inspection, the commission determines the presence of a propane leak or other safety hazard in the distribution system that poses a significant or immediate danger to the health and safety of the customers, the distribution system may be inspected more frequently until the condition is corrected. Once corrected, the distribution system shall be inspected as specified in subdivision (b).
(e) The commission may require an operator to provide necessary assistance to commission inspectors in entering and inspecting the distribution systems, including, but not limited to:
(1) Allowing commission inspectors entry to the premises.
(2) Having, upon notice, the necessary records specified in subdivision (a) available for the commission inspector's review during the physical inspection.
(3) Assisting in surveying or uncovering portions of the distribution systems for purposes of inspection, verification, and testing.
(f) It shall be a violation for an operator to willfully obstruct a commission inspector's access, entry, or inspection of a distribution system or to remove a warning tag placed on the operator' s tank by a commission inspector pursuant to subdivision (b) of Section 4456.
(g) The commission may enforce subdivision (f) by issuing a citation in the manner specified in subdivision (b) of Section 4457, and shall notify the department or local enforcement agency, the supplier serving the distribution system, the State Fire Marshal, local fire districts, and the operator of any citation issued pursuant to this subdivision.
(h) If the commission determined, upon inspection or a receipt of a complaint or disclosure, that a distribution system pursuant to paragraph (2) of subdivision (c) of Section 4452 is serving more than nine customers, or if any portion of the system is located in a public place, then the distribution system shall be subject to the commission's safety program as set forth in this chapter.
