The Menominee Tribal Legislature adopts this article regarding storage of liquefied petroleum gases under the authority of the Menominee Constitution, Article
III, and Bylaw II, § 2(i).
The purpose of this article is to provide safe
installation, operation, use, maintenance and transportation of liquefied
petroleum gas equipment and systems to establish minimum safeguards
to life, health and property by the adoption of reasonable and effective
standards relating to liquefied gas systems.
The rules of this article shall apply to the design, construction, location, installation, operation, repair and maintenance of equipment for the storage, handling and use of liquefied petroleum gases in dwellings, public buildings and places of employment. The rules shall also apply to the transportation of liquefied petroleum gases by tank truck or tank trailer, as well as Article
II, Hazardous Materials Transportation, of this chapter, but not to railroads engaged in interstate commerce or to equipment used by them.
The following words and terms, when used in
this article, have the following meanings, unless the context clearly
indicates otherwise:
APPROVED
Acceptable to the Department. Note: The Department will ordinarily
accept items approved by a nationally recognized testing laboratory.
CERTIFIED INSPECTOR
An individual who holds a valid credential as a certified
boiler-pressure vessel inspector.
CHAIRPERSON
The Chairperson of the Legislature of the Menominee Indian
Tribe of Wisconsin.
CONTAINER
All vessels such as tanks, cylinders, bottles or drums used
for transporting or storing of liquefied petroleum gases.
DEPARTMENT
The Environmental Services Department of the Tribe that administers
environmental codes and regulations.
DWELLING UNIT
A structure, or part of a structure, which is used or intended
to be used as a home, residence or sleeping place by one person or
more persons maintaining a common household, to the exclusion of all
others.
OUT OF SERVICE
The temporary or permanent prohibition of a liquefied gas
system from further service because of one or more violations regarding
the safety of the system.
PERSON
An individual, firm, copartnership, corporation, company,
association, joint-stock association, including any trustee, receiver,
assignee, or similar representative thereof, or government, Indian
tribe in furtherance of a commercial enterprise.
PLACE OF EMPLOYMENT
Every place, whether indoors or out or underground, and the
premises appurtenant thereto, where either temporarily or permanently
any industry, trade or business is carried on or where any process
or operation directly or indirectly related to any industry, trade
or business is carried on and where any person is directly or indirectly
employed by another for direct or indirect gain or profit, but does
not include any place where persons are employed in private domestic
service which does not involve the use of mechanical power or in farming.
PRESSURE VESSEL
A container for the containment of pressure, either internal
or external. This pressure may be obtained from an external source
or by the application of heat from a direct or indirect source or
any combination thereof.
PUBLIC BUILDING
Any structure, including exterior parts of the building,
such as a porch, exterior platform or steps providing means of ingress
or egress, used in whole or in part as a place of resort, assemblage,
lodging, trade, traffic, occupancy, or use by the public or by three
or more tenants.
QUALIFIED TRIBAL INSPECTOR
A person authorized by the Tribe (the Environmental Services
Department) responsible for approving equipment, installations or
procedures.
RESERVATION
All land within the exterior boundaries of the Menominee
Indian Reservation and other lands held in trust by the United States
for the Menominee Indian Tribe of Wisconsin or any of its members.
SECONDHAND VESSEL
A pressure vessel that has changed location subsequent to
the original installation.
TRIBE
The Menominee Indian Tribe of Wisconsin.
Every person, firm, association or corporation
installing equipment using liquefied petroleum gas in containers of
125 gallons' or larger water capacity shall complete an installation
application form found at Attachment "A" (MIT-1). The installation application form shall be completed at
the time of installation, shall be kept at the liquefied petroleum
gas installation and shall be available for review by an authorized
representative of the Department. For installations using containers
of 1,000 gallons' or larger water capacity, a copy of the installation
form shall be submitted to the Department 10 days prior to installation.
Note: The liquefied petroleum gas installation application form is
available from the Environmental Services Department at P.O. Box 670,
Keshena, WI 54135 (715) 799-3096.
The Department may revoke any approval issued
under the provisions of this article for any false statements or misrepresentations
of facts upon which the approval was based.
Plan approval by the Department shall expire
one year after the date indicated on the approved plans if construction
has not commenced within that year.
Fees shall be submitted to the Department as
outlined in the installation application (MIT-1), Section 5. Fees
must be submitted at the time the application for approval is submitted.
No plan examinations, approvals or inspections may be made until the
fees are received.
Any person, firm, association or corporation
who or which violates any standard, rule or regulation adopted by
the Tribe or issues a false installation statement will be fined not
less than $25 nor more than $100 and/or imprisoned not less than 30
days nor more than six months.
The Tribe adopts and incorporates by reference
into this article the liquefied petroleum gas standards listed below.
Note: Copies of this article and including listed standards are on
file in the Chairperson's and Department's offices.
A. American Petroleum Institute, 1220 L Street Northwest,
Washington DC 20005. Design and Construction of Liquefied Petroleum
Gas Installations, API Standard 2510, 7th Edition, May 1995.
B. National Fire Protection Association, 11 Tracy Drive,
Avon, MA 02322-9908. National Fuel Gas Code, NFPA No. 54-1996; Liquefied
Petroleum Gas Code, NFPA No. 58-1998; Recreational Vehicles, NFPA
No. 1192-1999, Chapter 2, Fuel Systems and Equipment.
C. National Fire Protection Association, 11 Tracy Drive,
Avon, MA 02322-9908. Compressed Natural Gas Vehicular Fuel Systems,
NFPA No. 52-1998.
All liquefied petroleum gas facilities shall be constructed, installed, operated and maintained as specified in the standards listed in §
361-30.
Every motor vehicle operated by liquefied petroleum
gas fuel shall be equipped with a liquefied petroleum gas fuel supply
tank separate from and in no way connected to any liquefied petroleum
cargo tank on or attached to the motor vehicle.
The use of secondhand pressure vessels, having
a water capacity in excess of 1,000 gallons, and intended for liquefied
petroleum gas service, shall be prohibited, unless the following conditions
are satisfied:
A. Manufacturer's data report. The original manufacturer's
report is available. If the original manufacturer's report is unavailable,
documentation acceptable to the Department shall be submitted.
B. Alterations and repairs by welding. All alterations
and repairs by welding are documented in writing.
C. Other requirements. An inspection of the pressure
vessel has been performed at its new location by the Department.