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PA Bulletin, Doc. No. 09-1320

DEPARTMENT OF
LABOR AND INDUSTRY

[ 34 PA. CODE CH. 13 ]

Propane and Liquefied Petroleum Gas

   An error occurred in a proposal to amend 34 Pa. Code § 13.54(a) at 39 Pa.B. 4340, 4350 (July 25, 2009). The correct version appears in Annex A.

Annex A

TITLE 34. LABOR AND INDUSTRY

PART I. DEPARTMENT OF LABOR AND INDUSTRY

CHAPTER 13. [GAS, LEAD AND NITRO AMIDO COMPOUNTS] PROPANE AND LIQUEFIED PETROLEUM GAS REGULATIONS

[VAPORIZERS]

Subchapter D. ADMINISTRATION

§ 13.54. [Liquid discharge] Municipal preemption.

   [Vaporizers shall be provided with suitable automatic means to prevent liquid passing from the vaporizers to the gas discharge piping] The Department has the sole right and ability to regulate all matters related to the operation of the LPG industry under section 15 of the act (35 P. S. § 1329.15).

   (1)  No municipality or other political subdivision may adopt or enforce an ordinance or regulation which differs from or conflicts in whole or in part with the act or this chapter regarding permits, licensing standards, fees, construction, installation, maintenance, operation, inspection, location or placement of LPG containers or LPG facilities or other matters related to this industry within this Commonwealth.

   (2)  A municipality may not prohibit placement of an LPG container in an existing yard setback area except to establish an absolute setback of 10 feet from a residential property line.

   (3)  A municipality may retain the right, under local zoning ordinances, to require an LPG facility to locate within approved residential, industrial commercial or other zones and to require an LPG facility to obtain zoning permits, pay zoning fees and undergo inspections related to the zoning of the LPG facility. A building at an LPG facility must comply with the municipal standards applied to primary structures.

[Pa.B. Doc. No. 09-1320. Filed for public inspection July 24, 2009, 9:00 a.m.]

   


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