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GEORGIA PROPANE MARKETER Georgia Propane Gas Association, Inc. 2011 SOUTHERN CONNECTION CONVENTION JULY 24-27 CROWNE PLAZA HOTEL HILTON HEAD ISLAND, SC Logon to www.georgiapropane.org or www.scpropane.com to register. Link is at the bottom of the home page vol 13 NO. 2 2011 11319 JUNE MAG GPI 2.qxp:Layout 1 5/23/11 1:53 PM Page 1

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GEORGIA PROPANE MARKETER

GeorgiaPropaneGas Association, Inc.

2011 SOUTHERN CONNECTION CONVENTIONJULY 24-27

CROWNE PLAZA HOTELHILTON HEAD ISLAND, SCLogon to www.georgiapropane.org or

www.scpropane.com to register.Link is at the bottom of the home page

vol 13 NO. 2 2011

11319 JUNE MAG GPI 2.qxp:Layout 1 5/23/11 1:53 PM Page 1

GPGA MARKETER PAGE 2

GeorgiaPropaneMarketer

Georgia Propane Gas Association

4880 Lower Roswell RoadSuite 165, PMB 212

Marietta, Georgia 30068-4375Phone: 770-645-8677Fax: 770-645-8748

[email protected] McKeen, Executive Director

Roy Setliff, Thomasville ..................................PresidentKeith Strickland, Claxton......................President-ElectMike Davis, Cochran ..............................Vice PresidentRobert Hernandez, Thomaston.....................TreasurerJenni McKeen .................................................Secretary

Kathy Reeves, Canton.....................................District 1Tommy Buffington, Sargent ..........................District 2Mike Davis, Cochran ......................................District 3Dale Brown, Cordele ......................................District 4Keith Strickland, Claxton ...............................District 5

Dan Richardson, Tifton....................Regional DirectorPete Folger, Blue Ridge .....................Regional DirectorSteven Holloway, Albany.............NPGA State DirectorHarry Lyons, Lawrenceville............NPGA SE DirectorGary Whitmore, Alpharetta...............Supplier DirectorJames Watson, Canton ................Immed Past President

CHS ..................................................................16CUI....................................................................11Dealers LP...........................................................8DuFour Petroleum.............................................12Enterprise Products...........................................17Tarantin Tank.....................................Back CoverGas Equipment .................................................11Inergy ................................................................20LP Gas Insurance..............................................10PETCO ...............................................................3Rutherford...........................................................5Gardner Marsh .................................................21Thompson Gas....................................................4Tri-State Distributors ........................................16

ADVERTISING RATES AND POLICIES

THE GEORGIA PROPANE MARKETER IS PUBLISHED ON A BI-MONTHLY BASIS. AD

DEADLINES ARE FEBRUARY 10, APRIL 10, JUNE 10, AUGUST 10 AND OCTOBER

10. CIRCULATION IS APPROXIMATELY 650 INCLUDING MARKETERS, SUPPLIERS,

WHOLESALERS, DISTRIBUTORS, REGULATORY AND OTHER INDUSTRY RELATED

PERSONNEL. COSTS LISTED BELOW ARE PER ISSUE.

Ad Size 1/year 2-3/year 4-6/year

Full page 275.00 260.00 250.00

1/2 page 210.00 190.00 160.00

1/4 page 145.00 120.00 100.00

Business Card 50.00 50.00 50.00

Ads are rotated bi-monthly. Publication trim size is 8-1/2 X 11 and

type page size is 7-1/2 X 10. PC or MAC formats are acceptable. PDFs are

also acceptable. Please include all supporting files and fonts when sub-

mitting electronically. Photos should be 225-330 dpi and include all

orginal artwork. Electronic submissions can be made to

[email protected]

Classified ads will be accepted at a rate of $15 minimum for up to 5 lines.

$3 per additional line thereafter. Prepayment is required for

all classified ads. No phone or fax orders will be accepted.We do

accept all major credit cards.

TABLE OF CONTENTS

Message from the President .................................10

Legal Matters ..........................................15, 16 & 20

Marketing Article ..................................................14

Message from the State Fire Marshal’s Office .......9

Lawnmower Program..........................18, 19, 22, 23

DATES TO REMEMBER

OOffffiicceerrss

DDiirreeccttoorrss

AAddvveerrttiisseerrss

June 12Presidential Summit

Capitol Hill Hyatt, Washington, DC

June 13-15Propane Days

Capitol Hill Hyatt, Washington, DC

July 24-27Southern Connection Convention

Crowne Plaza Hotel, Hilton Head Island, SC

11319 JUNE MAG GPI 2.qxp:Layout 1 5/23/11 1:53 PM Page 2

GPGA MARKETER PAGE 3

PHONE: 800-457-3826 P. O. BOX 429 FAX: (919-284-6199) KENLY, NC 27542

E-MAIL: [email protected]

“WE HAVE YOU COVERED”

FROM INSTALLATION,TO MAINTENANCE,

TO TOOLS AND ACCESSORIES,

TO DELIVERY AND REPAIR

NEW & RECONDITIONED BOBTAILSCRANE SERVICE TRUCKS

SWITCHOVERSBOBTAIL RENTAL & LEASING

BOBTAIL PARTS & REPAIRTRANSPORT PARTS & REPAIR

V, K, I, P INSPECTIONSMETER CALIBRATION

TANK TRAILERSLP DISPENSING UNITS

NBIC “R” STAMP REPAIRS

Serving the LP Industry Since 1954

Lane Wise - Sales Greg Narron - President

ise - SalesWWise - Sales Lane

E-MAIL: PETCO@PETTAX: (919-284-6199) KENL F FAX: (919-284-6199) KENL

PHONE: 800-457-3826 P

ANK.COME-MAIL: PETCO@PETTE-MAIL: [email protected]: (919-284-6199) KENLAX: (919-284-6199) KENLY

. O. BOX 429PHONE: 800-457-3826 P

ANK.COM, NC 27542YY, NC 27542

. O. BOX 429 Greg

President- Narron Greg

“WE HA

YOU COVERED”VE “WE HA

YOU COVERED”

FROM INSTO MAINTENANCE,TTO MAINTENANCE,

AND

TION,ALLAFROM INSTFROM INSTALLAO MAINTENANCE,

OOLSO TO TOOLSTTO TACCESSORIESAND

TION,O MAINTENANCE,

ACCESSORIES,,ACCESSORIES

O DELIVERTTO DELIVER

AND REPYY AND REPO DELIVER

AIRAND REPAND REPAIR

, K, I, P

& RECONDITIONED BOBTNEWNEW & RECONDITIONED BOBTCRANE SER

BOBTBOBT

TRANSPORT P, K, I, PVV, K, I, P

, K, I, P

& RECONDITIONED BOBTVICE TRUCKSCRANE SER

SWITCHOVERS & LEASINGAL RENT RENTALAILBOBTBOBTAIL

AIRARTS & REPARTS & REPAIR P PARTS & REPAILBOBTBOBTAILARTS & REPTRANSPORT PTRANSPORT PARTS & REP

INSPECTIONS, K, I, P, K, I, P INSPECTIONSV, K, I, P

AILS & RECONDITIONED BOBT & RECONDITIONED BOBTAILSVICE TRUCKS

& LEASINGAIR

AIR ARTS & REPARTS & REPAIR INSPECTIONS

, K, I, PMETER CALIBRA

LPNBIC “R” ST

Serving the LP

, K, I, PTIONMETER CALIBRA

ANK TRAILERSTTANK TRAILERS DISPENSING UNITSLPLP DISPENSING UNITS

AIRS REP REPAIRSAMPAMP REPNBIC “R” STNBIC “R” STAMP

Industry Since 1954Serving the LPServing the LP Industry Since 1954

TION

DISPENSING UNITSAIRS

Industry Since 1954

11319 JUNE MAG GPI 2.qxp:Layout 1 5/23/11 1:53 PM Page 3

PAGE 4 GPGA MARKETER

11319 JUNE MAG GPI 2.qxp:Layout 1 5/23/11 1:54 PM Page 4

GPGA MARKETER PAGE 5

STEVEN HOLLOWAY STEADILY IMPROVING AT

SHEPARD CENTER

JESSICA HEARD STILL IN GUARDED CONDITION

Steven Holloway, State Director began his journey to the Shepard Center in Atlanta as a resultof a single car accident that broke his back andseveral ribs and caused a minor head injury. Aftersurgeries in Albany to repair the shattered verte-brae in his lower back, Steven was transferred tothe Shepard Center for rehabilitation treatment.He is currently exhibiting constant positiveimprovement in his condition. He is working veryhard and just last week took his first assistedsteps, a tremendous milestone.

Please keep Steven in your thoughts and prayers.If you wish to go see him or send him get wellwishes, you can direct them to:

Steven HollowayShepard Center

2290 Peachtree Road, NWRoom 263

Atlanta, GA 30309

Jessica Heard, daughter of Sam (Mark Heard Fuel)continues to battle a serious infection related to herdiabetes at Atlanta Medical Center. The infectioncost her her right arm, but the doctors are hopefulthey have stopped the infection from spreading toher chest. You can send your cards to Jessica incare of Sam at:

Mark Heard FuelP. O. Box 286

Cumming, GA 30028

11319 JUNE MAG GPI 2.qxp:Layout 1 5/23/11 1:54 PM Page 5

PAGE 6 GPGA MARKETER

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PAGE 8 GPGA MARKETER

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GPGA MARKETER PAGE 9

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PAGE 10 GPGA MARKETER

DAN GURLEY 1939-2011Dan Gurley, former President of GPGA and DistinguishedService Award Recipient has passed away. Dan had battledcancer off and on for a number of years. Dan guided usthrought the EMC issue and was always a voice of reason when discussions required.

Our condolences go out to the Gurley family. GPGA has started a memorial scholarship in his name at NPGA at therequest of LoVetta Gurley, Dan’s wife. Contributions can bemade to NPGF/SF and sent to Jenni at the Association officefor forwarding to NPGA: 4880 Lower Roswell RoadSuite 165, PMB 212Marietta, GA 30068

Fellow Members,

It is my hope that this time is finding youall well. I am sure everyone is quite busywith the normal duties that come withspring and summer. The annual districtmeetings which run across the state havecome to a close for the year. I enjoyedmeeting the new faces from districts that Ido not come in contact with on a regularbasis. No matter where you go in ourstate, it seems that we all are up againstthe same items of concern. This alonemakes being a member of this associationas important as it has ever been in order tohave a loud enough voice that our interests are listened to and consideredduring the various legislative processes.

With that being said I would like toremind you that the “Propane Days” eventis quickly approaching and we are lookingforward to having a sizeable group thisyear. If you have not made reservations Iwould encourage you to do so as soon aspossible. There is a push to get Propaneincluded in the alternative fuels on a larger scale and NPGA needs Georgia toshow up in volume to help get our industry’s voice heard.

We will again be participating with SouthCarolina at Hilton Head for our annualconvention. Reservations need to be madequickly for planning purposes regarding

activities and space accommodations.You can register by logging on towww.georgiapropane.org and scroll to thebottom of the home page. If you areplanning on part of your time beingyour vacation and you want a room for the weekend CALL NOW. Theweekend rooms go quickly and are notpart of our guarantee.

The Fire Marshal’s office is currentlyworking on getting the worker certification cards out to companies whohave submitted their information. If youhave not done this, I encourage you to doso. The State Fire Marshal’s letter included in this publication emphasizesthe importance of getting you informationin now. It is important that all companiesholding an LP Gas license in the State toget this done as we have passed the 1 yearanniversary of this program’s inception.Long term employees have 3 years fromMarch 7, 2010 to have all their information in order whereas new hireshave only 1 year from theirdate of hire to comply. Withthe changes which haverecently taken place withinthat office, it would be agood reflection on us as anindustry to get the requiredinformation in order as soonas possible. Do not waituntil you have all the

information.Send what youhave now andfollow up onthe rest.

In closing, I would like to express mycondolences to the family of Mr. DanGurley who passed recently. He was anextremely valuable asset to the industryfor many years and he will be greatlymissed. Included with this please keep inmind several other long term membersand associates who are recovering fromvarious accidents and/or illnesses: StevenHolloway, Elmer Acree, Jessica Heard,and Ferrell Duncan just to name a few. Iwish each of you a speedy recovery andlook forward to your active return ofbuilding this industry.

I look forward to seeing you all inWashington.

Roy Setlif

MESSAGE FROM THE PRESIDENTRoy Setliff, Plantation Propane

11319 JUNE MAG GPI 2.qxp:Layout 1 5/23/11 1:54 PM Page 10

GPGA MARKETER PAGE 11

GEC Provides:•Comprehensive 2011 Compliance Guide

•Free On-site Storage Inspection

•Compliance Plan Tailored to Your Facility MeetingNFPA 58 Rules

•Designs for Efficient as Well as Compliant Systems

•Featuring RegO® Products — Longest Warranty inthe Industry

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www.gasequipment.com

Houston TX(800) 334-7816

Kansas City MO(800) 821-5062

Little Rock AR(800) 643-8222

Dallas TX(800) 821-1829

St. Louis MO(800) 423-4685

Richmond VA(800) 368-4013

Fayetteville NC(800) 447-1625

Orlando FL(800) 821-0631

Indianapolis IN(800) 241-1971

Atlanta GA(800) 241-4155

Steve Smith

11319 JUNE MAG GPI 2.qxp:Layout 1 5/23/11 1:55 PM Page 11

PAGE 12 GPGA MARKETER

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GPGA MARKETER PAGE 13

11319 JUNE MAG GPI 2.qxp:Layout 1 5/23/11 1:55 PM Page 13

Uh, What is That?

By Ron Corbin

Good Question. The image above is a QR code. They've been around a while now. QR codes were developed in the 1990's by a division of Toyota to quickly track automobile parts through the assembly line. They're big in Japan and are slowly catching on in Europe, Canada, and the US. “Why,” You ask. Marketing. QR stands for Quick Response. The codes are two-dimensional bar codes able to hold more data than a traditional bar code. This extended data includes substantial information about a product, place or thing. Simply encode a URL into the QR Code and then point a mobile phone (or other camera-enabled mobile) at it. If the device has had QR code decoding software installed on it, it will fire up its browser and go straight to that URL, or phone number, or email address, and pretty much any other alphanumeric data. I use them in my real estate business to send potential buyers to an online property site, complete with description, pictures , video, and my contact information when they pass by one of my listings. “Ok, so, I'm not a real estate broker, Ron. How do I use them in my propane business? “ Here are four ways that come to mind. On business cards: A fast and simple way to use QR codes for your own professional purposes is to place them on business cards. Generate a QR code that directs scanners to your company Facebook page, your monthly newsletter opt-in form, or even your website to help new contacts find you or your business faster.

On marketing materials: You have fliers, brochures, print ads, handouts, and a myriad of other materials in

your media kit. Add QR codes to direct viewers to a particular how-to video, send them to a Flickr photo set, get

them to follow you on Twitter, or point them to a mobile-friendly landing page that promotes a new campaign.

In storefront windows: Google is sending out QR code window decals to top local businesses with Google

Place Pages. If they don’t send you one, steal the idea and generate your own QR code to place in your window.

You can use this code to encourage reviews to your Google Place Pages, point scanners to your Yelp profile, or

simply invite customers to share memories in photo, video or text form via Stickybits.

For freebies: If you really want people to pay attention to your QR codes, make them good for something fun.

Say you’ve placed a QR code decal in your storefront window, why not reward those who scan it with 10% off

their purchase or a 20# cylinder refill when they fill up their 500gal tank at home? Give them something small to

thank them for their patronage. Simply create a custom QR code for the freebie you want to offer. You could even

get creative and hide the QR code offers online, like on your Facebook page or website, or somewhere inside your

store. I've hidden one in this magazine (no, not the one above).

Get creative with how you use them. Go to www.QRstuff.com to create your own QR codes for free. Last but not least, it is important that the location you send your scanners to is compatible with the most popular mobile phones, including Android, iPhone, and Blackberry smartphones. You also want the customer to be able to contact you easily. Having a QR code with “click-to-dial” or direct email is a great way to get the phone ringing or your inbox overflowing.

Welcome to the cutting edge of marketing.

Ron Corbin is a 23 year veteran of the propane industry, serving in various elected positions at both the state and national levels. Currently, Ron is a certified CETP instructor and consults small and mid-size marketers on ways to integrate their online and offline marketing. Ron may be reached at http://IntegratedMarketingResults.com

PAGE 14 GPGA MARKETER

Uh, What is That?By Ron Corbin

Uh, What is That?

By Ron Corbin

Good Question. The image above is a QR code. They've been around a while now. QR codes were developed in the 1990's by a division of Toyota to quickly track automobile parts through the assembly line. They're big in Japan and are slowly catching on in Europe, Canada, and the US. “Why,” You ask. Marketing. QR stands for Quick Response. The codes are two-dimensional bar codes able to hold more data than a traditional bar code. This extended data includes substantial information about a product, place or thing. Simply encode a URL into the QR Code and then point a mobile phone (or other camera-enabled mobile) at it. If the device has had QR code decoding software installed on it, it will fire up its browser and go straight to that URL, or phone number, or email address, and pretty much any other alphanumeric data. I use them in my real estate business to send potential buyers to an online property site, complete with description, pictures , video, and my contact information when they pass by one of my listings. “Ok, so, I'm not a real estate broker, Ron. How do I use them in my propane business? “ Here are four ways that come to mind. On business cards: A fast and simple way to use QR codes for your own professional purposes is to place them on business cards. Generate a QR code that directs scanners to your company Facebook page, your monthly newsletter opt-in form, or even your website to help new contacts find you or your business faster.

On marketing materials: You have fliers, brochures, print ads, handouts, and a myriad of other materials in

your media kit. Add QR codes to direct viewers to a particular how-to video, send them to a Flickr photo set, get

them to follow you on Twitter, or point them to a mobile-friendly landing page that promotes a new campaign.

In storefront windows: Google is sending out QR code window decals to top local businesses with Google

Place Pages. If they don’t send you one, steal the idea and generate your own QR code to place in your window.

You can use this code to encourage reviews to your Google Place Pages, point scanners to your Yelp profile, or

simply invite customers to share memories in photo, video or text form via Stickybits.

For freebies: If you really want people to pay attention to your QR codes, make them good for something fun.

Say you’ve placed a QR code decal in your storefront window, why not reward those who scan it with 10% off

their purchase or a 20# cylinder refill when they fill up their 500gal tank at home? Give them something small to

thank them for their patronage. Simply create a custom QR code for the freebie you want to offer. You could even

get creative and hide the QR code offers online, like on your Facebook page or website, or somewhere inside your

store. I've hidden one in this magazine (no, not the one above).

Get creative with how you use them. Go to www.QRstuff.com to create your own QR codes for free. Last but not least, it is important that the location you send your scanners to is compatible with the most popular mobile phones, including Android, iPhone, and Blackberry smartphones. You also want the customer to be able to contact you easily. Having a QR code with “click-to-dial” or direct email is a great way to get the phone ringing or your inbox overflowing.

Welcome to the cutting edge of marketing.

Ron Corbin is a 23 year veteran of the propane industry, serving in various elected positions at both the state and national levels. Currently, Ron is a certified CETP instructor and consults small and mid-size marketers on ways to integrate their online and offline marketing. Ron may be reached at http://IntegratedMarketingResults.com

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GPGA MARKETER PAGE 15

continued on page 20

Improperly Transported Customer Cylinder Resultsin $4.85 Million Settlement

Customers that improperly transportpropane cylinders in thebed of a pickup truck orthe trunk of a car greatly

increase the risk of an unintendedrelease of propane causing a fire and/oran explosion.

Several reports of propane fires and/orexplosions involved customers transporting full cylinders in the beds oftheir pickups or in the trunks of theircars. In 2008, in Laurel County,Kentucky, a propane tank in the back ofa pickup truck exploded in a Wal-Martparking lot, injuring three people. OnMay 14, 2010, in Edmonton, Alberta, arelease of propane from a propane tankin the trunk of a car accumulated and exploded. In that case, the driver sat inthe car and smelled the propane, butproceeded to open a window and startthe car, igniting the explosion. On June21, 2010, in Indian Head, Maryland, atwenty-pound propane cylinder in theback of a pickup truck began ventingpropane as the pickup truck’s drivertransported it. When he arrived at hishome, vapors were visibly rising fromthe bed of his pickup. He nonethelesstried to remove the cylinder from thebed when the vapors ignited, destroyinghis truck and causing him first and second degree burns.

Last year, a similar incident resulted ina $4.85 million settlement. In Albini v. Durnall & Campora Inc. and Manchester Tank and EquipmentCompany, a California propane mar-keter and a cylinder manufacturer

agreed to settle claims for that amountbased on the death of a high schoolteacher. The teacher was fatally injuredby an explosion that occurred after hetransported two full 100-pound propanecylinders on their side in the bed of hispickup truck.

Full CylindersOn July 11, 2006, Jim Albini loaded two100-pound cylinders into the bed of hispickup truck. Mr. Albini was a popularhigh school art teacher. He leased thecylinders from Durnall & Campora tofuel his pottery kiln. As he had done forover twenty years, he laid them on theirside in the bed of his pickup and drovethem to Durnall & Campora to be filled.

Manchester Tank and EquipmentCompany manufactured the cylinders.Though the cylinders did not have over-fill-protection devices of the kindrequired for cylinders holding 4 to 40pounds of propane, Manchester Tankmanufactured them to industry standards. The warnings labels on thecylinders warned against storing ortransporting them on their side.

However, their qualifications hadexpired. One cylinder was manufactured in 1987 and requalified in1999. The second cylinder was manu-factured in 1992 and never requalified.As a result, both of the cylinder’s quali-fications expired in 2004.

Nonetheless, Mr. Albini took the cylinders to Durnall & Campora, whichfilled them. A Durnall & Camporaemployee did not separately weigh eachcylinder. Instead, he filled one cylinder,then filled the other cylinder, until hefilled them with total of 46 gallons ofpropane. He did not measure the number of gallons of propane he put ineach cylinder.

After the Durnall & Campora employeefilled the cylinders, Mr. Albini loadedthem into the bed of his pickup truck.Although Durnall & Campora verballywarned him several times through the

years againsthorizontally transporting the cylinders – the samewarning that was onthe cylinders themselves – Mr.Albini again laidthem on their sideand drove them tohis house.

Propane release and vapor cloudAfter returning home, Mr. Albini leftthe cylinders on their side in the bed ofhis pickup truck. A couple of hourslater, a vapor cloud formed around theback of his pickup truck when one ofthe cylinders began releasing propane.The release may have occurred fromMr. Albini inadvertently opening orbreaking a valve while loading orunloading one of the cylinders, or froma relief valve opening after the heat ofthe day increased the pressure of thefull cylinders lying in the open bed ofhis pickup. Either way, the cylinder’shorizontal position may have allowedthe cylinder to stream liquid propaneinto the bed of the pickup truck instead of releasing pressurized gas intothe atmosphere.

Fire and explosionMr. Albini entered the vapor cloud atthe back of his pickup truck as it ignited into a fireball, melting his hairand sideburns to his head, and causingsecond-degree and third-degree burns to80 percent his body. The fire thencaused a boiling-liquid-expanding-vapor explosion (BLEVE) thatdestroyed the pickup truck and ignitedits diesel fuel.

Mr. Albini jumped into a plastic swimming pool filled with water. Then – incredibly, but futilely – heattempted to extinguish the fire withwater from a garden hose. A neighborreported seeing burning propane shoot20 to 30 feet in the air as the fire consumed the pickup truck, anothertruck, and Mr. Albini’s garage.

LEGAL MATTERSBy Mark F. Krause

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PAGE 16 GPGA MARKETER

CURRENT CHANGES TOLEAK TEST REQUIREMENTS

By John V. McCoy, Esq.

In the 2009 edition of NFPA 54, the scope of aleak check dramatically changed. Until this edition of NFPA 54, a leak check that was con-ducted on new and existing gas systems afteran interruption of service was a way to test theintegrity of the gas lines up to the control valveon all attached appliances for a potential leakunder normal operating pressures.

The 2009 edition of NFPA 54 takes a subtle but sig-nificant diversion from the traditional scope of aleak check. Section 3.3.64 defines a leak check as“[a]n operation performed on a gas piping systemto verify that the system does not leak.” Section8.2.3 defines when a leak check needs to be performed as follows: “Immediately after the gasis turned on into a new system or into a systemthat has been initially restored after an interruption of service, the piping system shall bechecked for leakage. Where a leak is indicated, thegas supply shall be shut off until the necessaryrepairs have been made.”

The term “piping system” is defined in theCode at Section 3.3.100.6 as follows: “All piping,

valves, and fittings from the outlet of the pointof delivery from the supplier to the outlets ofthe equipment shut off valves.”

By this definition, the leak tests that are contemplated in the Code as of 2009 onlyextend to the manual shutoff valves upstreamof the various in-line appliances. This appearsto be an acknowledgement that appliancemanufacturers recognize that some small

leakages in appliance gas control valves mayexist but these minor leaks do not present a fireor explosion hazard.

This new Code provision is at odds with CETPtraining on the leak test and Gas Check procedures that both provide procedures forconducting leak checks to the appliance controlvalves. It is also in conflict with at least the mostrecent editions of NFPA 54. For states that havenot adopted NFPA 54 as of yet, the quandarywill be if your company typically follows themost recent edition of the new Code as a custom or practice of the company. From myexperience, this is not uncommon in the industry. Companies with multi-state operations typically look to the newest Code sothat there is uniformity across the company inhow it deals with this and other safety and procedural issues in the day-to-day operationsof the business.

This new approach to leak checking may notcreate more risk of fire or explosion if the leak isminor. By minor, I mean less than that needed tocreate a fire or explosion. Practically speaking, ifafter this new leak check is performed and theappliance is put back into service, no leak checkis needed to the appliance control. If pilot lightsare lit following this leak test, a potential leak atthe control and a defectively operating controlwould be missed by the person reinitiating gas service.

Certainly there are two sides to the issue whendiscussing the leak check as defined in the 2009edition of NFPA 54. The time to be aware of thischange is now. As a company you need todecide how you will conduct your leak checkson new systems or after a system is returned toservice after an interruption of service. Makesure the members of your gas service and delivery team are all in the loop on how yourcompany will perform these test.

Success to you!

John V. McCoy is the president of McCoy &Hofbauer, S.C. and specializes in the representationof propane companies. He can be reached at 800-599-8300 or [email protected].

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PAGE 18 GPGA MARKETER

GeorgiaPropaneGas Association, Inc.

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Lawnmower program

put continued on pages22&23 so they know

where to go

continued on page 22 & 23

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Paramedics took Mr. Albini to a local hospital where an airambulance transported him to a trauma center. He received intensive medical treatment for two months, but succumbedto complications from his burn injuries and passed away onSeptember 6, 2006.

Lawsuit and SettlementOn June 20, 2008, Mr. Albini’s family sued Durnall &Campora for his death, alleging that Durnall & Camporaoverfilled the cylinders, filled the cylinders even thoughtheir certifications expired, and allowed Mr. Albini tohorizontally transport the cylinders in the bed of his pickup.Mr. Albini’s family also sued Manchester Tank, alleging thatthe cylinders were defective because they did not have anoverfill device and because they did not adequately warn ofthe risks of horizontally transporting them. The family’sattorney argued that the propane industry’s knowledge ofincidents involving overfilled and horizontally-transportedcylinders imposes a duty on members of the propaneindustry to prevent those hazards by warning propane con-sumers, training personnel to prevent them, and designingcylinders with additional safety devices.

Mr. Albini’s medical bills for his two months of intensive treat-ment totaled nearly $2 million. The property destroyed by thefire was valued at $600,000. Mr. Albini earned $78,000 a yearand the family’s economist calculated lost-income damages ofalmost $1.5 million if he had worked to age 70. Moreover, Mr.Albini’s wife and four sons each claimed significant noneco-nomic damages in addition to those amounts, including unspec-ified damages for emotional distress. Durnall & Campora andManchester Tank denied the family’s allegations and arguedthat Mr. Albini caused the incident by disregarding written andverbal warnings against horizontally transporting the cylinders.Moreover, the defendants argued that Mr. Albini caused thepropane to release from the tank by either inadvertently open-ing one of the cylinder valves or by dropping one of the cylin-ders, damaging its valve. Durnall & Campora denied that itsemployee overfilled the cylinders or that the cylinders’ expiredcertifications caused the incident. Manchester Tank denied thatthe cylinders’ warning labels were inadequate and asserted thatthe cylinders met all industry standards when it manufacturedthem, noting that overfill-protection devices for 100-poundcylinders did not even exist then.

Before a trial, almost 4 years after the incident and almost 2years after Mr. Albini’s family sued them, Durnall &Campora and Manchester Tank agreed to a settlement withMr. Albini’s family for a total of $4.85 million. Of thatamount, Durnall & Campora agreed to pay $4.5 million andManchester Tank agreed to pay $350,000.

[Mark F. Krause is a partner in the law firm of Schlee,Huber, McMullen & Krause, P.C., with offices in KansasCity, Missouri. Readers who have questions or commentsmay contact Mr. Krause at [email protected]].

(Legal Matters continued from page 15)

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Mower Incentive Application

INCENTIVE INFORMATION

The Propane Mower Incentive Program provides$1000 to qualified applicants. The Purchaser,Participating Dealer, and/or Conversion Companyagree to the following:• The participating Service Dealer or ConversionCompany has educated the Purchaser about thecare, maintenance and operation of the mower(s).• The Purchaser agree to follow the equipmentmanufacturer’s recommendation for maintenanceof the propane engine or conversion equipment.• The Purchaser agrees that the equipment forwhich an incentive is provided must remain in usein the service area no less than three years fromthe date the equipment is purchased.

I agree to the terms listed above.

________________________________________Purchaser Signature

________________________________________Participating Service Dealer/Conversion Company Signature

Date____________________________________

APPLICATION SUBMISSION INFORMATION

Please submit the completed incentive applicationwithin 60 days of the mower purchase or conver-sion date. Incomplete applications will not beprocessed. Include a copy of the:

� Completed application for each mower� Computer-generated invoice for each mower� Vehicle Identification Number(s) (VIN#) with this application� Pre-Incentive Survey� Copy of the EPA/CARB certification form

Mower Incentive Application

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RETURN SERVICE REQUESTED

Georgia Propane Gas Association, Inc.4880 Lower Roswell RoadSuite 165 PMB 212Marietta, GA 30068-4375770-645-8677770-645-8748 [email protected]@comcast.net

PRSRT STDU. S. POSTAGE

PAIDPERMIT NO. 435

Marietta, GA

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