PURPOSE: This rule regulates the storage and handling of liquefied petroleum gases. The balance of the rule sets forth installation procedures required for liquefied petroleum gas carburetion which are not contained in National Fire Protection Association Manual No. 58.

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. Therefore, the material which is so incorporated is on file with the agency who filed this rule, and with the Office of the Secretary of State. Any interested person may view this material at either agency’s headquarters or the same will be made available at the Office of the Secretary of State at a cost not to exceed actual cost of copy reproduction. The entire text of the rule is printed here. This note refers only to the incorporated by reference material.

1. (1) This rule incorporated by reference National Fire Protection Association (NFPA) Manual No. 58, Storage and Handling of Liquefied Petroleum Gases, 2001 edition as the current Standard for the Storage and Handling of Liquefied Petroleum Gases.
2. (2) All equipment shall be installed and maintained in compliance with the safety standards and in conformity with the rules.
3. (3) It shall be unlawful for any person or corporation to put into operation in this state any motor vehicle using liquefied petroleum gas
4. (LPG) as a fuel unless the fuel containers and supporting equipment of the vehicle have been placed in service by an installer certified and registered by the LPG Inspection Authority, state of Missouri.
5. (4) All this installed equipment shall be identified by a state decal issued by the Division of Weights and Measures, Department of Agriculture and applied by the registered installer. Upon transfer of equipment from one (1) vehicle to another vehicle, the installation shall be reinspected and a new decal applied to the container and proper forms filed with the Division of Weights and Measures.
6. (5) Registered applicants for retail sales of LPG shall not fill LPG storage containers installed on any vehicle where containers being used as a source for carburetion fuel, unless the container has displayed the official state decal installed per section (4). This shall not apply to transient vehicles.
7. (6) At all LPG dispensers, it shall be the dispenser owner’s responsibility to provide initial training to specific persons on the operation of the dispenser. It shall be illegal for any person other than the trained person to operate the dispensing device. It shall be the responsibility of the owner or manager of each business, where a dispenser is located and operated, to provide continuing training, as required by section 2 CSR 90-10.012(4), for each employee operating the dispenser.
8. (7) No person shall transport in a passenger type vehicle, or sell for transportation, LPG in containers of forty-five pounds (45 lbs.) capacity or over unless the container is connected for direct use in the passenger vehicle.
9. (8) The written Fire Safety Analysis, required by the 2001 edition of the National Fire Protection Association’s Pamphlet 58, Liquefied Petroleum Gas Code, section 3.10.2.2 shall be prepared by a person approved by the Department of Agriculture’s Division of Weights and Measures, who has relevant experience and is knowledgeable of the practices of the LP gas industry. Except for an engineered facility, the Fire Safety Analysis may be prepared by the owner of the facility in cooperation with the local fire department and/or Fire Marshall. The Fire Safety Analysis for an engineered facility, such as one that incorporates refrigerated storage, automated fuel standby (either industrial or utility) or pipeline terminals, shall be prepared, stamped and signed by a professional engineer who has relevant experience in LP gas or fire protection.

AUTHORITY: sections 261.023.6 and 323.020, RSMo 2000.* Original rule filed Jan. 24, 1968, effective Feb. 3, 1968. Amended: Filed Sept. 8, 1969, effective Sept. 18, 1969. Amended: Filed Nov. 1, 1972, effective Nov. 10, 1972. Amended: Filed May 13, 1977, effective Jan. 13, 1978. Emergency amendment filed March 27, 1981, effective April 7, 1981, expired July 10, 1981. Amended: Filed March 27, 1981, effective July 11, 1981. Amended: Filed May 2, 1985, effective Sept. 27, 1985. Amended: Filed March 3, 1989, effective June 29, 1989. Amended: Filed Nov. 13, 1997, effective June 30, 1998. Emergency amendment filed June 20, 2002, effective June 30, 2002, expired Dec. 30, 2002. Amended: Filed Dec. 3, 2001, effective June 30, 2002. *Original authority: 261.023.6, RSMo 1973 and 323.020, RSMo 1947, amended 1994, 1998. McConnell v. Pic-Walsh Freight Co., 432 SW2d 292 (Mo. 1968). Plaintiff, employee of an LPG company was not contributorily negligent as a matter of law when he overfilled an LPG tank on one (1) of defendant’s trucks after being assured by defendant’s employees that the tank was empty; plaintiff having no way of knowing the level of gas due to broken gauge. Defendant claimed plaintiff was negligent per se because he violated safety rules 2 CSR 90-10 concerning the filling of tanks inside a building, but court held that “all reasonable minds would not conclude that the infractions were the proximate cause of the injury in this case, and therefore . . . plaintiff is not as a matter of law barred from recovery.”