1. (a) LP-gas transfer systems and storage containers shall be protected from tampering and/or vehicular traffic as specified in this section. New LP-gas containers which have never been installed or had LP-gas introduced into them are not required to comply with the fencing and guardrailing requirements in subsections (b) and (c) of this section.

2. (b) In addition to NFPA 58, §§3-3.6, 3-4.2.4, 3-9.3.6, 4-2.3.8, 5-2.1.1, and 5-4.2.1, fencing at LP-gas installations shall comply with the following:

   1. (1) Fencing material shall be chain link with wire at least 12 1/2 American wire gauge in size.
   2. (2) Fencing shall be at least six feet in height at all points.
   3. (3) Uprights, braces, and cornerposts of the fence shall be composed of noncombustible material.
   4. (4) Gates in fences where bulkheads are installed shall be located directly in front of the bulkhead. Gates shall be locked whenever the area enclosed is unattended. The width of the gate shall be sufficient to prevent binding of the transfer hoses on the gate posts and to ensure breaking of the bulkhead pipe risers or nipples in the event of a pullaway. There shall be at least two means of emergency access from the fenced enclosure. If guard service is provided, it shall be extended to the LP-gas installation. Guard service shall be properly trained as set forth in §9.51(b)(4) of this title (relating to General Requirements for Training and Continuing Education). However, if a fenced area is not larger than 100 square feet in area, the point of transfer is within three feet of a gate, and any containers being filled are not located within the enclosure, a second gate shall not be required.
   5. (5) Clearance of at least three feet shall be maintained between the fencing and the container, material handling equipment, and the entire dispensing system.
   6. (6) Fencing which is located more than 25 feet from any point of an LP-gas transfer system or container shall be designated as perimeter fencing. If an LP-gas transfer system or container is located inside perimeter fencing and is subject to vehicular traffic, it shall be protected against damage according to the specifications set forth in subsection (d) of this section.
   7. (7) The operating end of a container, including all material handling equipment and the entire dispensing system, shall be completely enclosed by fencing.

3. (c) Containers which are exempt from the fencing requirements include:

   1. (1) ASME containers or manual dispensers originally manufactured to or modified to be considered by the Commission as self-contained units. Self-contained units shall be protected as specified in subsection (d) of this section;
   2. (2) DOT portable or forklift containers in storage racks or at single family dwellings used as private residences; and
   3. (3) DOT portable or forklift containers that have been used in LP-gas service but are not awaiting use or resale.

4. (d) In addition to NFPA 58, §3-2.4.1(c), §3-2.4.8(a), (b), and (d), §3-2.4.9(d), §3-3.6, §3-9.3.8, and §5-4.2.1, guardrails at LP-gas installations, except as noted in paragraph (7) of this subsection, shall comply with the following:

   1. (1) Where fencing is not used to protect the installation as specified in subsection (b) of this section, locks for the valves or other suitable means shall be provided to prevent unauthorized withdrawal of LP-gas.
   2. (2) Vertical supports for guardrails shall be at least three-inch schedule 40 steel pipe or other material with equal or greater strength. The vertical supports shall be capped on the top or otherwise protected to prevent the entrance of water or debris into the guardpost; anchored in concrete at least 18 inches below the ground; and rise at least 30 inches above the ground. Supports shall be spaced four feet apart or less.
   3. (3) The top of the horizontal guardrailing shall be secured to the vertical supports at least 30 inches above the ground. The horizontal guardrailing shall be at least three-inch schedule 40 steel pipe or other material with equal or greater strength. The horizontal guardrailing shall be capped on the ends or otherwise protected to prevent the entrance of water or debris into the guardpost; and welded or bolted to the vertical supports with bolts of sufficient size and strength to prevent damage to the protected equipment under normal conditions, including the nature of the traffic to which the protected equipment is subjected.
   4. (4) Openings in horizontal guardrailing, except the opening that is required directly in front of a bulkhead, shall not exceed three feet. Only one opening is allowed on each side of the guardrailing. A means of temporarily removing the horizontal guardrailing and vertical supports to facilitate the handling of heavy equipment may be incorporated into the horizontal guardrailing and vertical supports. In no case shall the protection provided by the horizontal guardrailing and vertical supports be decreased. Transfer hoses from the bulkhead shall be routed only through the 45-degree opening in front of the bulkhead or over the horizontal guardrailing.
   5. (5) Clearance of at least three feet shall be maintained between the railing and any part of an LP-gas transfer system or container or clearance of two feet for retail cylinder filling or service station installations. The two posts at the ends of any railing which protects a bulkhead shall be located at 45-degree angles to the corner of the bulkhead.
   6. (6) The operating end of the container, including all material handling equipment and the entire dispensing system, and any part of the LP-gas transfer system or container which is exposed to collision damage or vehicular traffic shall be protected from this type of damage. The protection shall extend at least three feet beyond any part of the LP-gas transfer system or container which is exposed to collision damage or vehicular traffic.

   7. (7) The requirements of this subsection do not apply to the following:

      1. (A) LP-gas systems and containers located at private residences;
      2. (B) LP-gas systems and containers which service vapor systems where the aggregate storage capacity of the installation is less than 4,001 gallons, unless the LP-gas system, transfer system, or container is subject to tampering or vehicular traffic;
      3. (C) LP-gas piping which contains no valves and which complies with all other applicable LP-Gas Safety Rules; and
      4. (D) LP-gas storage containers located on a rural consumer's property from which motor or mobile fuel containers are filled.
5. (e) A combination of fencing and guardrails specified in subsections (b) and (d) of this section shall not result in less protection than using either fencing or guardrails alone.
6. (f) If exceptional circumstances exist or will exist at an installation which would require additional protection such as larger-diameter guardrailing, then the licensee or operator shall install such additional protection. In addition, the Commission at its own discretion may require an installation to be protected with added safeguards to adequately protect the health, safety, and welfare of the general public. The Commission shall notify the person in writing of the additional protection needed and shall establish a reasonable time period during which the additional protection shall be installed. The licensee shall ensure that any necessary extra protection is installed. If a person owning or operating such an installation disagrees with the Commission's determination made under this subsection, that person may request a public hearing on the matter. The installation shall either be protected in the manner prescribed by the Commission or removed from service with all product withdrawn from it until the Commission's final decision.

7. (g) LP-gas installations shall comply with the sign and lettering requirements specified in Table 1 of this section. An asterisk indicates that the requirement applies to the equipment or location listed in that column.
   Attached Graphic
   

   1. (1) Unless colors are specified, lettering shall be in a color that sharply contrasts to the background color of the sign, and shall be readily visible to the public.
   2. (2) Items 1, 2, and 3 in Table 1 may be combined on one sign.
   3. (3) Items 1, 2, and 3 in the column entitled "Licensee or Non-Licensee ASME 4001+ Gal. A.W.C." in Table 1 apply to installations with 4,001 gallons or more aggregate water capacity protected only by guardrailing as required in subsection (d) of this section, and bulkheads as required by §9.143 of this title (relating to Bulkhead, Internal Valve, and ESV Protection for Stationary LP-Gas Installations with Individual or Aggregate Water Capacities of 4,001 Gallons or More) for commercial, bulk storage, cylinder filling, or forklift installations.
   4. (4) Item 11 in the column entitled "Requirements" in Table 1 applies to facilities which have two or more containers.

8. (h) In addition to NFPA 58, §5-4.2.2, storage racks used to store nominal 20-pound DOT portable or any size forklift containers shall be protected against vehicular damage by:

   1. (1) meeting the guardrail requirements of subsection (d) of this section; or

   2. (2) installing guardposts, provided that:

      1. (A) the guardposts are at least three-inch schedule 40 steel pipe, capped on top or otherwise protected to prevent the entrance of water or debris into the guardpost, no more than four feet apart, and anchored in concrete at least 30 inches below ground and rising at least 30 inches above the ground; or
      2. (B) if the guardposts cannot be anchored in concrete at least 30 inches below ground, they are constructed of at least four-inch schedule 40 steel pipe capped on top or otherwise protected to prevent the entrance of water or debris into the guardpost, and attached by welding to a minimum 8-inch by 8-inch steel plate at least 1/2 inch thick. The guardposts and steel plate shall be permanently installed.

   3. (3) Guardrail or guardposts are not required to be installed if:

      1. (A) any portable cylinder exchange rack is located against a building;
      2. (B) the rack is located on a walkway which is a minimum of four inches in height above the grade of the driveway or parking space;
      3. (C) a minimum six-inch-high cement parking wheelstop is installed on the driveway or parking space;
      4. (D) the cement parking wheelstop is secured against displacement; and
      5. (E) the distance from the cement parking wheelstop to any portable cylinder exchange rack is 48 inches or more.
   4. (4) If exceptional circumstances exist or will exist at the location of a storage rack which would require additional protection such as larger-diameter guardrailing or guardposts, then the licensee or operator of the installation shall install such additional protection. In addition, the Commission at its own discretion may require an installation to be protected with added safeguards to adequately protect the health, safety, and welfare of the general public. The Commission shall notify the person in writing of the specific additional protection needed and shall establish a reasonable time period during which the additional protection shall be installed. The licensee shall ensure that any necessary extra protection is installed. If a person owning or operating such an installation disagrees with the Commission's determination made under this subsection, that person may request a public hearing on the matter. The installation shall either be protected in the manner prescribed by the Commission or removed from service with all product withdrawn from it until the Commission's final decision.

Source Note:The provisions of this §9.140 adopted to be effective February 1, 2001, 26 TexReg 947.