Wednesday, December 27, 2017

Propane Tanks in PLPOA

In 1987 the Board of Directors, mistakenly, believed that the Property Owners Association could not enforce the screening of propane tank requirement because of a 10 foot requirement stated in the fire code regarding the use of combustible material.  Consequently, staff members of Pagosa Lakes POA were instructed to disregard the requirement in the PLPOA Master Declaration of Restrictions which state:
“Every tank for the storage of fuel installed outside any building in the Subdivision shall be either buried below the surface of the ground or screened to the satisfaction of the Committee by fencing or shrubbery.”
The Association is required by law to obey the Declaration of Restrictions thus, homeowners are responsible for adhering to the Declarations and all applicable laws regarding propane tanks. The International Fire Code was adopted by the Pagosa Fire Protection District. The Code mandates and the Colorado State Forest Service suggests locating propane tanks a minimum of 10’ from any combustible materials, including shrubbery and ground cover.  NFPA Guidelines require a 3’ minimum clearance on all sides of the tank for service access. If a solid non-combustible wall is constructed around a tank, vents at the low point of the wall must be provided, to allow for the escape of any fuel vapor that may have vented from the tank. If a screen constructed from combustible material is used, it is recommended that a 10’ distance be maintained away from the tank. Covering the top of the tank is prohibited!
Homeowners are allowed to adhere to the screening rule by implementing one of the many suggested methods approved by the PLPOA:
1. Burial of the tank - The Propane tank must be owned by the property owner and the containment pit must meet state standards and be approved by the Environmental Control Committee (ECC).
2. Placing the tank behind a building, residence or topographical feature is acceptable as long as the tank is not visible from the street of the address of the residence.
3. Painting your propane tank- The Propane tank must be owned by the property owner, the color must be of earth tone color and approved by the Environmental Control Committee (ECC).
4. A constructed screen can also be used. However, please follow the guidelines stated above and an application will need to be submitted and approved by the Environmental Control Committee (ECC).
5. Shrubbery may be used, however, it must screen the tank completely year-round. As stated above, The Fire Code requires a 10’ minimum distance from all combustible materials.

We are sending this notice to you now, so that you can give this some thought and have a plan for implementation by the spring. We respectfully request that the propane tank on your property be screened or a plan is communicated to us and necessary applications are submitted to our office by May 24th, 2018. Please be sure the tank and all improvements are located within your own property boundaries before making any improvements. If the tank or any improvements are placed within a utility easement, be aware that if a utility company ever needs access to that easement you will be responsible for any repairs, rebuilding or replacement of these improvements if they are in the way of the utility company doing their work. If, by May 24th, we have not heard from you or the tank is not screened, we will be initiating the process for an issue of non-compliance.

If you have any questions regarding this letter or the requirements, please contact our office for clarification. Malicia@plpoa.com  (970)731-5635 ext. 203

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