[Adopted 8-24-2000 by Ord. No. 00-08]
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.
AUTHORITY HAVING JURISDICTION
The Tribe or its authorized deputies responsible for approving equipment, installations or procedures.
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.
GAS SYSTEM
A liquefied petroleum gas system.
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.[1]
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.
TRIBAL LEGISLATURE
The Legislature of the Menominee Indian Tribe of Wisconsin.
TRIBE
The Menominee Indian Tribe of Wisconsin.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
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).[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.
[1]
Editor's Note: Attachment "A" is available from the Environmental Services Department.
A. 
Department approval. Department approval shall be obtained before commencing construction on any liquefied petroleum gas installation using containers of 1,000 gallons' or larger water capacity.
B. 
Plans, specifications and information. Prior to approval, plans, specifications and information submitted to the Department for review and approval must contain the following:
(1) 
At least two sets of plans which are clear, legible and permanent copies, one set of specifications, fees and a completed application.
(2) 
The name of the owner; the name of the person, firm or corporation proposing the construction or installation, if other than the owner; and the address of the facility, including the names of adjacent streets and highways.
(3) 
A plot plan, drawn to a minimum scale of one inch equals 20 feet, indicating the location of the facility or installation.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
(4) 
The location, size and capacity of each container.
(5) 
The type of container supports, clearances, type of venting and pressure relief used and combined capacity of all venting and relief valves on each container.
(6) 
Plans for service stations involving the use of a key-, card- or code-operated dispensing unit shall indicate the location of emergency controls and shall include the following:
(a) 
The location and details of the key-, card- or code-operated dispensing devices.
(b) 
A copy of the agreement between the key, card or code holder and the station owner.
(c) 
A copy of the program used to train those persons who will operate the key-, card- or code-operated dispensing devices.
C. 
Approval. Approval of plans is based upon compliance with the requirements of this article. Storage, handling and use of liquefied petroleum gases are subject to compliance with Article II, Hazardous Materials Transportation, of this chapter.
D. 
Application for approval. Applications for approval of a liquefied petroleum tank installation shall be made in writing on form MIT-1. Note: See Attachment "A" for an example of form MIT-1.[2]
[2]
Editor's Note: Attachment "A" is available from the Environmental Services Department.
E. 
Application processing time. The Department shall process all applications and shall approve, conditionally approve or deny the application in writing within 15 working days of receipt of the appropriate application and fee.
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.
A. 
Enforcement. The rules in this article shall be enforced by the Department, any authorized agent or employee of the Department, and/or the Menominee Tribal Police Department. The Department shall refer all violations of this article to the Menominee Tribal Prosecutor, who shall prosecute all such violations of this article. The Court, upon conviction, shall assess the penalties provided in § 361-29.
B. 
Inspections. Inspections shall be conducted during or after construction or installation by an authorized representative of the Department to ascertain whether or not the construction or installation conforms to the conditionally approved plans, the conditional approval letter, and the provisions of this article.
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.
A. 
Procedure. The Department shall consider and may grant a variance to this article upon receipt of a fee, a completed petition for variance form from the owner and a position statement from the fire department having responsibility, provided that an equivalency is established in the petition for the variance which meets the intent of the rule being petitioned. The Department may impose specific conditions in a petition for variance to promote the protection of the health, safety or welfare of the employees or the public. Violation of those conditions under which the petition is granted shall constitute a violation of this article. Note: See Attachment "B" for an example of a petition for variance application (MIT-2).[1]
[1]
Editor's Note: Attachment "B," the petition for variance application, is available from the Environmental Services Department.
B. 
Petition processing time. Except for priority petitions, the Department shall review and make a determination on a petition for variance within 30 business days of receipt of all calculations, documents and fees required to complete the review.
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.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
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.
A. 
Location of containers. The following are Department rules in addition to the requirements in NFPA No. 58, Section 3-2.2.2:
(1) 
The setbacks for aboveground containers specified in Table 3-2.2.2 of NFPA No. 58 may be reduced to a minimum of 15 feet if a four-hour fire-rated wall is placed between the container and the building or property line that may be built upon. The fifteen-foot distance shall be measured from the side of the fire wall away from the tank to the building or property line.
(2) 
Fire walls used for setback reduction shall:
(a) 
Extend laterally three feet beyond the container and three feet above the container.
(b) 
Be placed at lease 10 feet from the container.
(c) 
Allow the fire department access to the building and the container.
(d) 
Be constructed on no more than two sides of the container.
B. 
The setback reduction allowed in Subsection A(1) applies to containers of 1,201 to 50,000 gallons' water capacity.
C. 
Containers to be filled. Substitute the following wording for NFPA No. 58, Section 4-2.2.1: "Containers shall be filled only by the owner or upon the owner's authorization."
All liquefied petroleum gas facilities shall be constructed, installed, operated and maintained as specified in the standards listed in § 361-30.
A. 
General. No person, except the following, may dispense any liquefied gases unless the dispensing is through approved liquefied petroleum gas dispensing devices or devices pending approval:
(1) 
Trained authorized employee of a bulk storage plant, container charging plant or service station.
(2) 
Trained authorized motor vehicle fleet employees.
B. 
Location of key-, card- or code-operated dispensing systems.
(1) 
Attended locations. Liquefied petroleum fueling facilities may be located in areas accessible or open to the general public, provided that the facility is equipped with key-, card- or code-operated dispensing devices listed or approved by a nationally recognized testing laboratory and an attendant is on duty at all times when liquefied petroleum gas is being dispensed.
(2) 
Nonattended locations. Dispensing of liquefied petroleum gas may be permitted without an attendant, provided that the dispensing facility is not freely accessible or open to the general public and the facility is equipped with approved key-, card- or code-operated dispensing devices.
C. 
Posting of signs. A permanent sign providing an emergency twenty-four-hour service call telephone number in letters at least one inch high shall be posted at the dispensing device in all nonattended locations.
D. 
Public self-service prohibited. Self-service of liquefied gas by the general public shall be prohibited.
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.