NFPA Manual No. 58, Storage and Handling of Liquefied Petroleum Gases

Missouri Code of State Regulations

Section: 90-10.040

Jurisdiction: MO

Bluebook Citation: Mo. Code Regs. Ann. tit. 2, § 90-10.040

2 CSR 90-10.040 NFPA Manual No. 58, Storage and Handling of Liquefied Petroleum Gases PURPOSE: This rule regulates the storage and handling of liquefied petroleum gases. The balance of the rule sets forth installation procedures required for liquefied petroleum gas carburetion which are not contained in National Fire Protection Association Manual No. 58. PUBLISHER’S NOTE: The secretary of state has determined that publication of the entire text of the material that is incorporated by reference as a portion of this rule would be unduly cumbersome or expensive. This material as incorporated by reference in this rule shall be maintained by the agency at its headquarters and shall be made available to the public for inspection and copying at no more than the actual cost of reproduction. This note applies only to the reference material. The entire text of the rule is printed here. (1) This rule incorporates by reference National Fire Protection Association (NFPA) Manual No. 58, Storage and Handling of Liquefied Petroleum Gases, 2024 edition, published by the National Fire Protection Association, 1 Batterymarch Park, Quincy, MA 02269-9101, as the current standard for the storage and handling of liquefied petroleum gases (LP gas). This rule does not incorporate any subsequent amendments or additions to the referenced material. (2) All equipment shall be installed and maintained in compliance with the safety standards and in conformity with the rules. (3) At all LP gas dispensers, it shall be the dispenser operator’s responsibility to provide initial training to persons who dispense propane. It shall be illegal for any person other than the trained person to operate the dispensing device. It shall be the responsibility of the owner or manager of each business, where a dispenser is located and operated, to ensure dispenser operators successfully complete training every three (3) years through a training program approved by the director. AUTHORITY: sections 261.023.6. and 323.020, RSMo 2016.* Original rule filed Jan. 24, 1968, effective Feb. 3, 1968. Amended: Filed Sept. 8, 1969, effective Sept. 18, 1969. Amended: Filed Nov. 1, 1972, effective Nov. 10, 1972. Amended: Filed May 13, 1977, effective Jan. 13, 1978. Emergency amendment filed March 27, 1981, effective April 7, 1981, expired July 10, 1981. Amended: Filed March 27, 1981, effective July 11, 1981. Amended: Filed May 2, 1985, effective Sept. 27, 1985. Amended: Filed March 3, 1989, effective June 29, 1989. Amended: Filed Nov. 13, 1997, effective June 30, 1998. Emergency amendment filed June 20, 2002, effective June 30, 2002, expired Dec. 30, 2002. Amended: Filed Dec. 3, 2001, effective June 30, 2002. Amended: Filed Oct. 15, 2008, effective March 30, 2009. Amended: Filed June 13, 2011, effective Jan. 30, 2012. Amended: Filed June 26, 2012, effective Jan. 30, 2013. Amended: Filed June 16, 2014, effective Jan. 30, 2015. Amended: Filed July 1, 2016, effective Feb. 28, 2017. Amended: Filed Feb. 14, 2020, effective Aug. 30, 2020. Amended: Filed May 15, 2024, effective Dec. 30, 2024. *Original authority: 261.023, RSMo 1973, amended 2013, and 323.020, RSMo 1947, amended 1994, 1998, 2005, 2007. McConnell v. Pic-Walsh Freight Co., 432 S.W.2d 292 (Mo. 1968). Plaintiff, employee of an LP gas company, was not contributorily negligent as a matter of law when he overfilled an LP gas tank on one (1) of defendant’s trucks after being assured by defendant’s employees that the tank was empty; plaintiff having no way of knowing the level of gas due to broken gauge. Defendant claimed plaintiff was negligent per se because he violated safety rules concerning the filling of tanks inside a building, but court held that “all reasonable minds would not conclude that the infractions were the proximate cause of the injury in this case, recovery.”

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