IDAHO LIQUEFIED PETROLEUM GAS SAFETY BOARD

Bureau of Occupational Licenses

1109 Main Street, Suite 220

Boise, ID 83702-5642 

 

Conference Call Minutes of 3/4/2009

 

THIS IS A DRAFT DOCUMENT THAT HAS NOT BEEN APPROVED BY THE

BOARD

 

 

BOARD MEMBERS PRESENT:  Gary Van Hees - Chair

                                                             Shane  Walker

                                                             James  Lehman

                                                             Kevin  Keller

                                                             Mike  Warner

 

BUREAU STAFF:                           Budd Hetrick, Deputy Bureau Chief

                                                            Dawn Hall, Deputy Bureau Chief

                                                            Roger Hales, Administrative Attorney

                                                            John Kersey, Chief Investigator

                                                            Mary Miles, Technical Records Specialist I

 

Meeting was called to order at 9:00 AM MST by Gary Van Hees.

 

FINANCIAL REPORT

 

Ms. Hall presented the financial report which indicates a balance of ($125,875.39). The negative balance is due to the investigative and inspection 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=lpg

 

LEGISLATIVE REPORT

 

Mr. Hales gave an update on the law change that has been submitted. The law was approved and passed by the House and will be going to the Senate soon.

 

CORRESPONDENCE

 

A motion was made by Mr. Warner that the Gateway facility is obligated to make the corrections as set forth in their letter dated January 29, 2009; including moving the dispenser and verifying the emergency shut off relates to the dispenser and all must be accomplished by June 30, 2009. Seconded by Mr. Keller, motion carried.

 

A motion was made by Mr. Walker that the Amerigas -Tamarack facility has until June 30, 2009 to comply and a re-inspection of the facility will occur after June 30, 2009; and a follow-up of a regularly scheduled inspection for  the Amerigas – Cascade facility. Seconded by Mr. Warner, motion carried.

 

A discussion regarding the correspondence from Neil’s & Joe’s Ok Tire dba RJ’s Shell was held. The letter stated the deficiencies have been corrected and the Board determined the regularly scheduled inspection will verify the corrections.

 

INSPECTIONS

 

Mr. Kersey presented to the Board several pictures of LPG facilities that are not in compliance. The Board  directed Mr. Kersey to contact the local authorities or fire marshall if the violations are outside the LPG Board’s jurisdiction.

 

INVESTIGATIVE REPORT

 

Fiscal Year 2009 (to date)

 

Total Complaints received

107

    Status:

 

Closed by Board action

22

Remaining under investigation

72

Awaiting Board determination

13

 

 

Inspections  241

 

 

 

Fiscal Year 2008

32

Total Complaints received

 

Status:

 

Closed by Board action

14

Pending Office of the Attorney General

3

Remaining under investigation

5

Awaiting Board determination

10

 

 

Inspections  180

 

 

 

Fiscal Year 2007

 

Total Complaints received

46

Status:

 

Closed by Board action

41

Closed following disciplinary action

2

Pending Office of the Attorney General

3

Inspections   224

 

 

 

For Board Determination:

 

I-LPG-2008-15: C alleged that R is dispensing LPG without a facility license. Record shows that the R subsequently applied for and received a license. IBOL recommends the Board authorize closure with an advisory letter.

 

A motion was made by Mr. Lehman to close the case with an advisory letter. Seconded by Mr. Keller, motion carried.

 

I-LPG-2008-16; 18; 20; 22; 26; 27: Facility failed inspection. Follow-up inspection resulted in a B class being issued. IBOL recommends the Board authorize closure.

 

A motion was made by Mr. Warner to close the case. Seconded by Mr. Lehman, motion carried.

 

I-LPG-2008-23: Facility failed inspection Subsequent documentation revealed that R had ceased all dispensing activities and had removed the tank. IBOL recommends the Board authorize closure.

 

A motion was made by Mr. Keller to close the case. Seconded by Mr. Warner, motion carried.

 

I-LPG-2008-29: R failed a facility inspection with a score of 31. Follow-up inspection revealed that facility has gone out of business. IBOL recommends the Board authorize closure.

 

A motion was made by Mr. Lehman to close the case. Seconded by Mr. Keller, motion carried.

 

I-LPG-2008-30: C alleged that R is practicing without the benefit of licensure. IBOL records show an application has been submitted and is awaiting Board review. Records show that license was issued. IBOL recommends the Board authorize closure with advisory letter.

 

A motion was made by Mr. Lehman to close the case with an advisory letter. Seconded by Mr. Keller, motion carried.

  

I-LPG-2009-5; 8; 17; 18; 23; 25; 30; 31; 35; 39; 43: Failed facility inspection. Follow-up inspection confirmed that compliance has been attained. IBOL recommends the Board authorize closure.

 

A motion was made by Mr. Lehman to close the case. Seconded by Mr. Warner, motion carried.

 

I-LPG-2009-116: C alleged the R is dispensing LPG without a license. Record shows that application was submitted and a facility license was issued. IBOL recommends the Board authorize closure with an advisory letter.

 

A motion was made by Mr. Warner to close the case with an advisory letter. Seconded by Mr. Lehman, motion carried.

 

I-LPG-2009-117: C alleged the R is dispensing LPG without a license. Record shows that an application has been submitted and is awaiting Board approval. IBOL recommends the Board authorize closure with an advisory letter upon license issuance.

 

A motion was made by Mr. Warner to close the case with an advisory letter. Seconded by Mr. Keller, motion carried.

 

EXECUTIVE SESSION

 

A motion was made by Mr. Walker to go into executive session to review applications exempt from public disclosure per Idaho Code 67-2345(1)(d). Seconded by Mr. Warner. The vote was: Mr. Walker, aye; Mr. Warner, aye; Mr. Lehman, aye; Mr. Keller, aye and Mr. Van Hees, aye. Motion carried.

 

A motion was made by Mr. Walker to come out of executive session. Seconded by Mr. Warner. The vote was: Mr. Walker, aye; Mr. Warner, aye; Mr. Lehman, aye; Mr. Keller, aye and Mr. Van Hees, aye. Motion carried.

 

A motion was made by Mr. Warner to approve nine facility applications; and to deny two facility applications pending further information. One dealer application is approved with one denied pending further information. Seconded by Mr. Keller, motion carried.

           

APPLICATIONS

 

Approved for Licensure

 

NITZ PINE STORE, LLC 

PGF-680

TRIPLE X FEED

PGF-695

HARPOS CHEVRON

PGF-705

C A L STORES COMPANIES INC DBA CAL RANCH STORES

PGF-709

THE STATION G & B LLC 

PGF-712

SCOTTYS TWO RENTALS 

PGF-713

ADAMSONS, INC 

PGF-715

VALLEY CO-OP INC - JEROME 

PGF-717

HANSEN DARIN REED

PGD-716

 

Denied

GATEWAY

MOSCOW RV CENTER

 

Pending

901104799

 

NEXT MEETING The next meeting has not been scheduled.

 

ADJOURNMENT

A motion was made by Mr. Lehman to adjourn the meeting at 11:30 AM. Seconded by Mr. Warner, motion carried.