As used in the LPG and CNG Act:
A. "liquefied petroleum gases", "LPG" or "LP gas" means any material that is composed predominantly of any of the following hydrocarbons or mixtures of them: propane, propylene, butanes (normal butane or iso-butane) and butylenes;
B. "compressed natural gases", "CNG", "liquefied natural gases" and "LNG" means mixtures of hydrocarbon gases, vapors or liquids consisting principally of methane that has been compressed for vehicular fuel;
C. "product" or "products" of liquefied petroleum gases or compressed natural gases are considered to be liquefied petroleum gases or compressed natural gases, respectively;
D. "qualified instructor" means an employee, owner or other qualified individual who has passed the required examination and performed for at least one year the work being taught;
E. "inspector" means a person hired by the bureau to enforce under administrative direction the laws and safety rules and regulations of the bureau with respect to the LP gas industry and the use of CNG and LNG in motor vehicles;
F. "division" means the construction industries division of the regulation and licensing department;
G. "bureau" means the liquefied petroleum and compressed gas bureau of the division; and
H. "commission" means the construction industries commission.
History: 1941 Comp., § 71-804, enacted by Laws 1947, ch. 214, § 1; 1953 Comp., § 65-7-1; Laws 1955, ch. 97, § 1; 1973, ch. 362, § 1; 1977, ch. 245, § 124; 1989, ch. 6, § 50; 1993, ch. 186, § 1; 2017, ch. 57, § 1.
ANNOTATIONSRepeals. — Laws 2005, ch. 208, § 27, repealed 60-13-58 NMSA 1978, effective June 17, 2005, which would have repealed Chapter 70, Article 5 NMSA 1978 effective July 1, 2006.
The 2017 amendment, effective June 16, 2017, defined "liquefied natural gases" and "LNG", and revised the definitions of "compressed natural gases", "qualified instructor", and "inspector" as used in the LPG and CNG Act; in Subsection B, after "gases'", deleted "and", after "'CNG'", added "'liquefied natural gases' and 'LNG'", after "hydrocarbon gases", deleted "and", after "vapors", added "or liquids", and after "methane", deleted "in gaseous form which" and added "that"; in Subsection D, after "an employee", added "owner or other qualified individual"; and in Subsection E, after "rules and regulations of the", added "bureau with respect to the", and after "CNG", added "and LNG".
The 1993 amendment, effective July 1, 1993, deleted "Liquefied petroleum gas bureau" preceding "Definitions" in the section heading; substituted "means any material that is composed" for "means and includes any material which is composed" in Subsection A; inserted Subsection B; redesignated former Subsections B through G as Subsections C through H; in Subsection C, inserted "of liquefied petroleum gases or compressed natural gases" following "'products'" and substituted the language beginning "liquefied petroleum gases" at the end of the subsection for "LP gas"; added "and the use of CNG in motor vehicles" at the end of Subsection E; and inserted "and compressed" in Subsection G.
The 1989 amendment, effective July 1, 1989, in Subsection E, substituted "regulation and licensing" for "commerce and industry"; in Subsection F, substituted "division" for "construction industries division of the commerce and industry department"; and, in Subsection G, twice substituted "commission" for "committee".
Intent of the legislature when it passed this act was, because of inherent dangers involved in use or misuse, of liquefied petroleum gas and its appliances, that the state should have reasonable regulatory control to insure the health, safety and welfare of its citizens. 1970 Op. Att'y Gen. No. 70-08.
Jurisdiction of Mobile Housing Act and this act. — The Mobile Housing Act (now the Manufactured Housing Act), Chapter 60, Article 14 NMSA 1978, does not supersede or repeal by implication the Liquefied Petroleum Gas Act, with respect to jurisdiction over the installation of liquefied petroleum gas lines within a mobile housing unit. 1976 Op. Att'y Gen. No. 76-38.
The Mobile Housing Act (now the Manufactured Housing Act) in no way confers on mobile housing commission exclusive jurisdiction over liquefied petroleum gas line installations within mobile housing units. Both mobile housing commission (now mobile housing division) and the liquefied petroleum gas commission (now liquefied petroleum gas bureau) have jurisdiction to regulate and inspect the installation of liquefied petroleum gas lines in mobile homes. 1976 Op. Att'y Gen. No. 76-38.
There is no substantial difference between installation of heating equipment in a house trailer and installation of liquefied petroleum gas equipment in a permanent residence. The danger to the occupants is present in a house trailer, and if anything, is more pronounced therein than in a permanent domestic residence. Sections 70-5-1 to 70-5-22 NMSA 1978 were emergency acts passed by the legislature for protection of health and safety of people of New Mexico. The act intended to include all persons engaged in sale of liquefied petroleum appliances and installations thereof, regardless of manner in which those appliances were sold. 1953 Op. Att'y Gen. No. 53-5627.
Persons or firms selling house trailers equipped with liquefied petroleum appliances and piping are covered by the act and fully subject to all license fees and regulations promulgated by public service commission. 1953 Op. Att'y Gen. No. 53-5627.
Licensing requirement. — A retail seller of preassembled camping trailers in which liquefied petroleum gas appliances were installed is required to obtain a retail sales license from the liquefied petroleum gas commission (now liquefied petroleum gas bureau) if equipment installed is being fed from reservoir of more than five pounds of liquefied gas. 1970 Op. Att'y Gen. No. 70-08.
Law reviews. — For note, "Gabaldon v. Sanchez: New Developments in the Law of Nuisance, Negligence and Trespass," see 9 N.M.L. Rev. 367 (1979).
Am. Jur. 2d, A.L.R. and C.J.S. references. — Liability of one selling or distributing liquid or bottled fuel gas, for personal injury, death or property damage, 41 A.L.R.3d 782.