Idaho Board of Liquefied Petroleum Gas Safety Board

Bureau of Occupational Licenses

1109 Main Street, Suite 220

Boise, ID 83702-5642

 

 

Minutes of June 27, 2007

 

 

The Idaho Board of Liquefied Petroleum Gas Safety conference call was called to order at 10:00 a.m., Wednesday, June 27, 2007 at the Bureau of Occupational Licenses, Owyhee Plaza, 1109 Main Street, Suite 220, Boise, Idaho.

 

Board members Present:          Gary Van Hees, Chair                                                                                                                                                                                                                 Kevin Keller                                                               

                                                Jake Lehman

                                                Shane Walker

                                                Mike Warner

 

Bureau staff:                 Tana Cory, Bureau Chief

                                    Budd Hetrick, Deputy Bureau Chief

                                    Roger Hales, Administrative Attorney

                                    Kevin Malveaux, Investigator

                                    Mary Miles, Technical Records Specialist I

 

Others Present: Tom Daniels, HVAC Board Member; Valley Co-op

                                    Casey Fallert, Valley Co-op

 

                                   

Called to order by Board chair, Gary Van Hees at 10:00 AM.

 

MINUTES

 

Motion made by Kevin Keller to accept and approve the minutes of  April 28, 2006, June 28, 2006, July 28, 2006, August 30, 2006, September 19, 2006, October 25, 2006, December 27, 2006, February 20, 2007, March 28, 2007, and May 9, 2007. Seconded by Mike Warner, motion passed.

 

LEGISLATIVE REPORT

 

Tana Cory presented the Legislative report. The Legislature approved hiring 2 additional investigators and 2 support staff.

 

FINANCIAL REPORT

 

Budd Hetrick presented the financial report which indicates a balance of ($44,971.98). The negative balance is due to the investigative expenses incurred with a new program. The web link for the public to review the financial report is: https://secure.ibol.idaho.gov/eibolpublic/tmpfinbudget.aspx?Bureau=wwp

 

INVESTIGATIVE REPORT

FY2007: Forty-two (42) complaints have been received to date. Of those, forty (40) remain under investigation; and two (2) await Board determination.

ALLEGATIONS:

Unlicensed - 3
Unlicensed Facility - 20
Failed Inspection - 19

FOR BOARD DETERMINATION

Case number LPG-L1-4-2007-1 Motion made by Jake Lehman to accept IBOLís recommendation and authorize closure. Seconded by Mike Warner, motion passed.  

LPG-L1-4-2007-2 Motion made by Mike Warner to accept IBOLís recommendation and authorize closure with a cease & desist letter with a copy to the county prosecutor.

INSPECTIONS

 

Discussion was held regarding inspections; facilities had expressed concerns to board members. Budd Hetrick and Kevin Malveaux addressed each concern. Investigators are not authorized to shut down a facility. Investigators can call the police, fire marshal, Attorney Generalís office, or IBOL and make a recommendation. An investigator carries identification and should produce the ID when inspecting a facility. Discussion regarding smaller facilities receiving an inspection requiring repairs or corrections; it was noted that they need to contact their supplier/dealer. The majority of the problems must be corrected by their supplier/dealer. It was questioned if they should be given more than 30 days to comply. It was suggested that the dealer should submit in writing to IBOL what the plan of action is in meeting the requirements if they expect a delay in getting the repairs done.

 

The question was raised if two 9 pound extinguishers would meet the requirement of a

facility having an 18 pound fire extinguisher. The Board agreed that it must be an 18

pound fire extinguisher and it must be inspected and serviced yearly.

 

Tom Daniels, HVAC Board Member addressed the Board with questions regarding inspections. He was concerned with what the penalty would be if a facility did not meet the time limit for repairs or corrections. All complaints go before the board before any action is taken and the Board recognizes reasonable compliance and effort. Mr. Daniels was informed that when investigators arrive for an inspection; they will have a copy of the previous inspection report. Clarification regarding the definition of temporary storage tanks; if the tank does not have axles, or on concrete, and is an ASME approved tank it is a permanent tank. 

 

BOARDS ROLE IN DISCIPLINARY MATTERS

 

Roger Hales discussed the role of the LPG Board in disciplinary matters. The board has 3 roles; Executive which administers the laws, Legislative which adopts rules, and Judicial when the Board judges complaints. The Board is obligated to stay unbiased regarding inspection complaints. All complaints go through the AGís office and if the matter is not resolved it then goes to a hearing before the Board. Mr. Hales suggested that board members explain to licensees that they cannot hear their complaints. The licensees or public should call the investigative unit at IBOL or write a letter to the Board to review at a meeting. The complaint form is available at the following web address. http://ibol.idaho.gov/IBOL/General/IBOL_Complaint_Information.htm

 

RULE CHANGES

 

Roger Hales addressed the Board regarding the 2007 Legislation rule change. A draft of the rule change regarding liability insurance will be distributed to the board for review and discussed during the August 16, 2007 conference call. The policy must meet LPG and Federal requirements.

 

Mr. Hales will draft a rule change to incorporate by reference the 2004 NFPA 58 edition.

 

The Board needs to adopt a rule identifying the time frame for facilities to come into compliance.

 

Motion made by Kevin Keller for counsel to prepare a draft of the proposed rule changes. Seconded by Mike Warner, motion passed.

 

CORRESPONDENCE

 

The Board discussed an email received regarding LPG regulation.  Mr. Hales reviewed the response letter drafted by the Board Chair and made recommendations.

 

Motion made by Shane Walker to send the amended letter. Seconded by Mike Warner, motion passed.

 

EXECUTIVE SESSION

 

Motion made by Mike Warner to go into executive session to review applications exempt from public disclosure per Idaho Code 67-2345(1)(d).  Seconded by Shane Walker, motion passed.  The Board reviewed facility and dealer applications.

 

Motion made by Shane Walker to come out of executive session. Seconded by Jake Lehman, motion passed.

 

Motion made by Kevin Keller to approve 14 facility applications and 4 dealer applications for licensure. Seconded by Shane Walker, motion passed.

 

FACILITIES

BODILY RV CENTER

FARMERS CORNER

FERRELLGAS

FIELDS 66 SERVICE

GREENHURST CHEVRON

HAYS CHEVRON

HOLLIS RV REPAIR INC

HOOTS CAF…

JIFFY LUBE #3285

JUMBOS AUTO SUPPLY

KUNA CHEVRON

ROCK CREEK GENERAL STORE

SCOGGINS, INC

STRONKS & SONS DO IT BEST HOMECENTER, LLC

SUNNYSIDE CHEVRON

 

DEALERS

JENSEN NICK

MCCONNELL SHANE L

WENDELL DAVID CHRIS

WILLIAMSON BEAU JAMES

 

The next scheduled conference call is Thursday, August 16, 2007 at 9AM.

 

Motion made by Jake Lehman to adjourn the Board Meeting. Seconded by Mike Warner, motion passed.

 

Board Meeting adjourned at 12:00PM