New Jersey Administrative Code
Title 5 - COMMUNITY AFFAIRS
Chapter 18 - LIQUEFIED PETROLEUM GAS
Subchapter 2 - DEFINITIONS
Section 5:18-2.1 - Definitions
The following words and terms, when used in this chapter, shall have the following meanings, unless the context clearly indicates otherwise.
"Act" means Liquefied Petroleum Gas Act, 21:1B-1 et seq.
"API" means American Petroleum Institute.
"Approved" means any product certified, or classified, or labeled, or listed by a nationally recognized testing agency, unless specifically banned by order of the Commissioner or by rule.
"ASME" means American Society of Mechanical Engineers.
"Bulk plant" means a facility, the primary purpose of which is distribution of gas, that receives LP-Gas by tank car, tank truck or piping and distributes it to the end user by portable container (package) delivery, tank truck or gas piping, and that has bulk storage of 2,000 gallons or more water capacity and has container-filling or truck-loading facilities on the premises. "Bulk plant" also means and includes any facility that transfers LP-Gas from tank cars on a private track directly into cargo tanks.
"Cargo tank" means a container used to transport LP-Gas over a highway as liquid cargo, either mounted on a conventional truck chassis or as an integral part of a transporting vehicle in which the container constitutes, in whole or in part, the stress member used as a frame, which is a permanent part of a transporting vehicle.
"Commissioner" means the Commissioner of Community Affairs of the State of New Jersey or his or her authorized representative.
"Container" means any vessel including cylinders, tanks, portable tanks and cargo tanks used for storing liquefied petroleum gas.
"Cylinder" means a container having a capacity not exceeding 1,000 pounds of water.
"Cylinder exchange cabinet" means a vented storage compartment that is used to store full and empty US DOT-type LP-Gas containers.
"Department" means the Department of Community Affairs.
"Dispensing station" means fixed equipment where LP-Gas is stored and dispensed into portable containers. The public can be permitted access to the dispensing station area.
"Distributing plant" means a facility, the primary purpose of which is the distribution of gas, and which receives liquefied petroleum gas in tank car, truck transport or truck lots, distributing this gas to the end user by portable container (package) delivery, by tank truck or through gas piping. Such plants have bulk storage (2,000 gallons (7.6 cubic meters (m< 3 >)) water capacity or more) and have container filling or truck loading facilities on the premises. So-called "bulk plants" are considered as being in this category.
"Distributing point" means a facility, other than a distributing plant or industrial plant, which normally receives gas by tank truck, and which fills small containers or the engine fuel tanks of motor vehicles on the premises. Any such facility having liquefied petroleum gas storage of 100 gallons (0.4 cubic meters (m< 3 >)) or more water capacity, and to which persons other than the owner of the facility or his or her employees have access, is considered to be a distributing point. A liquefied petroleum gas service station is one type of distributing point.
"Division" means the Division of Codes and Standards of the Department of Community Affairs.
"Fill plant" means a person who sells odorized LP-Gas to the ultimate consumer and is not regularly engaged in the business of selling it to other retail LP-Gas dispensers.
"Hazardous material" means any substance defined as a flammable or combustible liquid in accordance with the Flammable or Combustible Liquid Code, NFPA No. 30-2003 or a material classified by Hazardous Material Regulations, 49 CFR Parts 171 through 177, as a flammable solid, liquid or gas.
"Industrial plant" means an industrial facility that utilizes gas incidental to plant operations, with LP-Gas storage of 2,000 gallons aggregate water capacity or more, and that receives LP-Gas by tank truck, truck transport or truck lots, where it is used locally or throughout the plant for engine fuel for forklifts or other industrial trucks or as part of a processing operation.
"Line of adjoining property" means:
1. The near side of adjacent real estate not owned or possessed; or
2. The far side of adjacent real estate not owned or possessed when the real estate cannot be built upon, specifically utility easements of record, non-navigable waterways, and railroad right-of-ways.
"Liquefied petroleum gas" or "LP-Gas" or "LPG" means any material which is composed predominantly of any of the following hydrocarbons or mixtures of the same: propane, propylene, butanes (normal or isobutene), and butylenes.
"LP-Gas system" means an assembly of one or more containers with a means of conveying LP-Gas from the container(s) to dispensing or consuming devices (either continuously or intermittently) and which incorporates components intended to achieve control of quantity, flow, or pressure in the liquid or vapor state.
"Marketer" means a person engaged primarily in the sale of odorized LP-Gas to the ultimate consumer or to retail LP-Gas dispenser(s). "Marketer" shall also mean and include the owner or operator of a bulk plant.
"Nationally recognized testing agency" means a laboratory, such as the Underwriters' Laboratories, Inc., American Gas Association Laboratories, or the Factory Mutual Engineering Corporation or any similar testing organization acceptable to the commissioner.
"NFPA" means National Fire Protection Association.
"N.J.A.C." means the New Jersey Administrative Code.
"N.J.S.A." means the New Jersey Statutes Annotated.
"Person" means an individual, firm, association or corporation.
"Portable container" means a USDOT or ASME container of not more than 1,000 pounds water capacity.
"Producer" means the owner of LP-Gas at the time it is recovered at a gas processing plant or refinery.
"Professional engineer" means a person licensed to practice professional engineering in New Jersey by the New Jersey Board of Professional Engineers and Land Surveyors.
"Property line" means the line of adjoining property or the near side of any public way.
"Public way" means a government owned thoroughfare, such as a street or highway, designed for public use by lawful procedure.
"Qualified person" means a person selected by an employer and trained to perform a specific task or duty involving LP-Gas, who has the degree of competence necessary to accomplish the work in a safe manner.
"Referenced standard" means 5:18-3.1(a), or 5:18-4.1(a), or 5:18-5.1(a) as applicable.
"Serious injury" means an injury which required treatment by a doctor, such as a fracture, or a condition requiring admittance to a hospital for at least 24 hours.
"Tank" means a container of more than 1,000 pounds water capacity used for the storage or utilization of liquefied petroleum gas.
"USDOT" means the United States Department of Transportation.
"Wholesaler" means any person who purchases LP-Gas and may sell it to retail LP-Gas dispensers. "Wholesaler" may include, but is not limited to, producers and marketers.
