Idaho Board of Liquefied Petroleum Gas Safety Board

Bureau of Occupational Licenses

1109 Main Street, Suite 220

Boise, ID 83702-5642

 

 Minutes of August 16, 2007

 

 

The Idaho Board of Liquefied Petroleum Gas Safety conference call was called to order at 9:05 a.m., Thursday, August 16, 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
                                                Mike Warner

Shane Walker

 

Board member Absent:             Jake Lehman

 

Bureau staff:                 Tana Cory, Bureau Chief

                                    Budd Hetrick, Deputy Bureau Chief

                                    Roger Hales, Administrative Attorney

                                    Mary Miles, Technical Records Specialist I

 

Others Present:             Mike Gilmore, Attorney General’s office

                                    Allen Funk, IBOL investigator

                                                                       

Called to order by Board chair, Gary Van Hees at 9:05 AM.

 

MINUTES

 

Motion made by Mike Warner to accept and approve the minutes of June 27, 2007. Seconded by Kevin Keller, 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 ($52,264.78). The negative balance is due to the investigative expenses incurred with a new program.

Mr. Hetrick proposed to the Board an increase of $10.00 per individual dealer license, $25.00 per small facility, and $100 per large facility. This would increase the income by approximately $15,000.00 per year. This would stabilize the difference between expenditures and revenue. Licensure fee increases may need to be presented during the 2009 legislation. The web link for the public to review the financial report is: https://secure.ibol.idaho.gov/eibolpublic/tmpfinbudget.aspx?Bureau=wwp

 

INVESTIGATIVE REPORT

 

FY2008: Three (3) complaints have been received to date, all of which remain under investigation.

FY2007: Forty-two (42) complaints were received. Of those, two (2) were closed subsequent to Board determination; and forty (40) remain under investigation.

ALLEGATIONS:

Unlicensed - 3
Unlicensed Facility - 20
Failed Inspection – 22

 

CONTRACT RENEWAL

 

Mr. Hetrick presented the Contract Renewal Addendum for FY2008 between the LPG Board and the Bureau. The approximate percentage shares of indirect expenses to be charged to the Board are as follows:

Administrative 2.78% (FY2007 – 2.23%)

Investigative 5.20% (FY2007 – 2.71%)

Fiscal 0.79% (FY2007 – 0.80%)

The total fiscal year Board budget is calculated by combining the Board's direct expenses and the Board's indirect expenses. The Board’s estimated Total Board Budget for fiscal year 2008 is $70,000.00.

 

Motion made by Mike Warner to approve the Renewal Addendum and authorize the Board Chair to sign the agreement. Seconded by Shane Walker, motion passed.

 

INSPECTIONS

 

The Bureau is in the process of implementing the sending of letters to unlicensed individuals and facilities. A written response is requested as to whether or not they feel they need to be licensed or if they are in violation of code. The Bureau would then give direction on how to take care of the problem. If there is not a response it would be sent to the Attorney General’s office.

 

Based on the Board’s request; failed inspection complaints have been given more than 30 days to meet the requirements as initially put on the inspection form. The rules need to be clear on the time frame allowed for a facility to come into compliance. Mr. Hetrick will have a detailed report outlining concerns regarding the inspection forms at the next schedule meeting on November 15, 2007.

 

The Board recommended the new investigators should have CETP training. The Board Chair thought the association would provide Basic CETP at no charge. The Board will notify the Bureau of any upcoming training classes.

 

RULE CHANGES

 

Roger Hales addressed the Board regarding the 2007 Legislation rule change. A draft of the rule change regarding liability insurance was distributed to the board for review. As of July 1, 2007 1,000,000.00 liability insurance per occurrence is required for all facilities. The board discussed at length the requirement for liability insurance for facilities with 4000 gallons or less. The Board was under the impression the liability insurance would apply only to the large facilities to match the DOT regulations for the transport of fuel. During the 2005 legislation the law was changed to separate the facilities and who was required to have a licensed dealer. During the 2006 legislation the law was changed requiring liability insurance. The language for the law change was provided by the Rocky Mountain Propane Association and it was not limited to the larger facilities; which the Board approved. If the Board receives comments concerning the rules; the Board could alter them. This would allow the association to pursue a change in this law. Mr. Hales explained that this needs to be addressed in the law, not by rule. A recommendation was made that Rocky Mountain Propane Association be notified of the law change and the possible effect on small facilities. The Rocky Mountain Propane Association would then provide the board with a recommendation. Kevin Keller will write a letter to the association notifying them of the law change. Moratorium on rule submission begins in November; the Board would need the association’s recommendation in October for them to be able to take any action.

 

In the minutes of August 30, 2006 Rayola Jacobson discussed the proposed law changes as follows: 54-5108.j A certificate issued by an insurance company authorized to do business in the state of Idaho that the applicant has procured and has in effect a general liability policy in the sum of no less than one million dollars ($1,000,000) single unit.

54-5109. The Board discussed at length the required liability insurance for the smaller facilities under 4000 gallons.

 

There will be a statement regarding liability insurance on the original application requiring they provide a certificate of insurance. On the renewal form they will need to affirm they have insurance. Liability insurance will not be on the inspection form.

 

Mr. Hetrick proposed adding the paragraph that is on the inspection form regarding the grading system to Rule 375. The Board discussed the time frame for improvements; the rule does give the Board discretion to determine the time frame that a facility may be granted in order to comply with NFPA 58. It was determined the grading system should not be added to the rule.

 

Motion made by Kevin Keller to approve the rules as amended and authorize IBOL to submit to Administrative Rule. Seconded by Mike Warner, motion passed.

 

WORKSHOP

 

Kevin Keller will be speaking at the Idaho Ground Water Association workshop in September regarding underground tanks. He will not be speaking on behalf of the Board.

 

NOMINATION

 

Motion made by Mike Warner to nominate and reappoint Gary Van Hees as Board Chair for FY 2008. Seconded by Kevin Keller, motion passed.

 

EXECUTIVE SESSION

 

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

 

Motion made by Mike Warner to come out of executive session. Seconded by Kevin Keller, motion passed.

 

Motion made by Kevin Keller to approve 17 facility applications and 1 dealer application for licensure; 2 facility applications are pending. Seconded by Shane Walker, motion passed.

 

DEALER

 

WANNER, JERRY B

 

FACILITIES

 

BROWNS MOUNTAIN MARKET, LLC

CLEARWATER HOMES - SKINNER ENTERPRISES, INC

ELK CREEK STATION

EVANS BUILDING CENTER, A DIVISION OF BROWNS INDUST

FOOD PLAZA

FRANKLIN COUNTY GRAIN GROWERS, INC

HUSKEYS

IDAHO WESTERN REALTY, LLC DBA OAKRIDGE CHEVRON

JAG TOOL & EQUIPMENT RENTAL

MOUNTAIN HOME RV PARK

ON THE RIVER RV PARK

OXARC, INC

PAYLESS GAS

SALMON RIVER QUICK STOP

WATERS EDGE RV PARK

WICKHAM ENTERPRISE, INC DBA HAGERMAN RV VILLAGE

 

PENDING

 

901091376

901094380

 

The next scheduled conference call is Thursday, November 15, 2007 at 10AM.

 

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

 

Board Meeting adjourned at 12:00PM