New Mexico Statutes
Article 5 - Liquefied and Compressed Gases
Section 70-5-5 - Power to adopt and promulgate rules and regulations; exceptions to act.

A. The commission may adopt and promulgate rules and regulations as are necessary to carry out the purpose of the LPG and CNG Act [this article] and for the public peace, health and safety as affected by the use of such materials. The regulations made shall substantially conform with the standards as published by the national fire protection association covering the same subject matter. Nothing contained in this section is intended to alter the specifications for manufacturing or testing of containers established by the interstate commerce commission or the U.S. department of transportation or of containers installed in refineries, gas processing plants, underground storage terminals, natural gas distributing plants and pipeline terminals.
B. The bureau may adopt a schedule of reasonable fees to be charged for furnishing any printed matter or forms, for filing or recording any data sheets, blueprints, drawings, plans, specifications, reports and any other instrument or document and for making and furnishing copies of any record, report, regulation, rule, law or any other matter on file with the bureau.
History: 1941 Comp., § 71-807, enacted by Laws 1947, ch. 214, § 4; 1953 Comp., § 65-7-4; Laws 1957, ch. 221, § 1; 1973, ch. 362, § 5; 1977, ch. 245, § 127; 1989, ch. 6, § 53; 1993, ch. 186, § 5.
The 1993 amendment, effective July 1, 1993, inserted "and CNG" in the first sentence in Subsection A.
The 1989 amendment, effective July 1, 1989, in Subsection A, substituted "commission" for "committee" in the first sentence and made several minor stylistic changes.
Rules and regulations apply to the public. — Where employees of a repair shop that specialized in the repair of utility equipment, including liquid propane delivery trucks, were severely injured when a propane tank they were repairing leaked liquid propane and exploded, the LPG and CNG Act imposed a duty on the employees to adhere to the Liquified Petroleum Gasses Handbook of the National Fire Protection Association, which had been adopted by the commission at the time of the accident. Apodaca v. AAA Gas Co., 2003-NMCA-085, 134 N.M. 77, 73 P.3d 215, cert. quashed, 2004-NMCERT-003, 135 N.M. 321.
Violations of regulations adopted under this section held negligence per se. — Since this act was in full force and effect when an accident involving liquid gas occurred, regardless of its delayed repeal, violation of regulations for storage and handling of liquefied petroleum gas adopted under this section constituted negligence per se. Ray v. Aztec Well Serv. Co., 748 F.2d 888 (10th Cir. 1984).
Authority to charge reasonable fee. — Subsection B of this section gives liquefied petroleum gas commission (now liquefied petroleum gas bureau) authority to charge a reasonable fee for filing a form required of licensees for the purpose of indicating that any installation, testing or modification of liquefied gas containers, piping or appliance has been inspected. 1969 Op. Att'y Gen. No. 69-94.
Requirements of insurance. — The commission (now liquefied petroleum gas bureau) would not be exceeding statutory authority to require one type of insurance, all types of insurance mentioned or combination thereof. Since commission (bureau) deals with an activity in which public safety factor is so important, it would appear that legislature has left to commission's discretion the evidence to be submitted of types of insurance carried by licensees under the act. 1955 Op. Att'y Gen. No. 55-6260.

Structure New Mexico Statutes