How real-world scenarios stretch the application of code

July 18, 2024 By    

When it comes to performing inspections, changes usually come along about every three years when the code gets updated.

A recent meeting with our inspector team and some other recent activities show how changes can occur while the code stays constant.

Cylinder dispensing sites

For years, we considered the point of transfer (POT) at dispensers to be the scale where cylinders were traditionally filled. More and more dispensers are doing away with scales, relying instead on volumetric (bleed valve) filling, often using a meter to charge by the gallon.

This left us with problems determining the official POT. The inspectors and I discussed this, and I checked with other states to see if they agreed with having a moving POT. That scenario makes the POT wherever the dispenser nozzle attaches to the container being filled, be it a grill cylinder or the ASME tank on an RV or car.

The problem is that the hose can be pulled in many directions, including toward a building, property line, other dispenser or source of ignition, sometimes closer than the code allows. We determined to have the dealer designate, with signs and/or ground markings, where transfers are allowed to avoid getting close to these exposures.

Being part of state government, we can propose that a rule related to a code requirement be modified or an entirely unrelated rule created. We rarely do this, trusting the experts on the committee to write the best rules. Occasionally, something slips through that’s difficult to enforce as written. We can modify that in state regulations.

The 2024 edition of the NFPA 58 LP gas code changed the equivalent protection in lieu of guard posts for dispensing sites. Gone are the forces to design for, replaced by “shall be approved.” According to the definition in the code, this means acceptable to the authority having jurisdiction. That’s us! We have identified several options to meet this revision, and we can add more as we discover them. Thus, we have a potentially changing list of acceptable barriers.

Accessible tank controls

Another concern that came up between code cycles was one concerning the accessibility of tank controls. The LP gas code requires that the operating controls of tanks be accessible (6.8.1.5).

I came across a tank at a rest area that was behind a 6-ft. chain-link fence with a locked gate. The North Carolina Department of Transportation (DOT) that operates rest areas and the supplying propane company both declared the lock was needed, as nuisance closings of the tank valve over time had caused reduced services (no heat or hot water) and damage (frozen pipes).

The fire department determined they could deal with the locked gate and felt the risks from the inaccessibility were outweighed by the tampering. We allow tanks in public places to be “inaccessible” with a written agreement from the involved fire department that we can attach to the site record.

Code interpretation

As I write this article, we are having a discussion with our inspectors, U.S. DOT and an off-truck remote shutdown device manufacturer about what it means to shut off auxiliary power equipment, a term used in 49 CFR § 173.315(n)(3) concerning capabilities of off-truck remote devices.

This is not the place to go into all of the details related to this discussion. However, it shows that determining the intent of some rules may not be limited to when the rules change. It may happen when a concern surfaces about the current rules and how to interpret or apply them.

We are charged with enforcing the rules of the LP gas code and various laws, regulations and standards. We also must include in our judgement the real-world conditions that apply to the situation. It’s a tough decision to really stretch a rule written in black and white when the situation is not nearly so defined. It hasn’t gotten any easier over the years.


Richard Fredenburg is an LP gas engineer at the North Carolina Department of Agriculture and Consumer Services, Standards Division. He is also a member of NFPA’s Technical Committee on LP Gases. Contact him at richard.fredenburg@ncagr.gov or 984-236-4752.

NOTE: The opinions and viewpoints expressed herein are solely the author’s and should in no way be interpreted as those of LP Gas magazine or any of its staff members.

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