NOTE: This case, as unfortunate as it is, stands in a very small group of State Fire Code violations, and in my memory stands atop of the pile @ $302,500. It is rare for a state to issue code violations and even more rare for the dollar amount to be so high. The one thing that this case has in common with the other state code violations… they almost always come after a serious accident.
Today the GA Insurance and Safety Fire Commission has released their findings from their investigation into the deadly February 2017 Nitrogen leak. State inspectors determined that the incident was caused by the over-pressurization of a bulk storage tank. As a result of the investigation, the commission has issued civil penalties against the gas supplier totaling $302,500. The investigation revealed:
- On Dec. 13, 2016, the gas supplier installed a 3,000-gallon bulk storage tank for the storing and dispensing of liquid nitrogen.
- On Dec. 22, an employee attempted to cool cryogenic freezers with the liquid nitrogen but terminated the action when relief devices began discharging the nitrogen INSIDE the freezer room.
- On Jan. 24, the gas supplier service manager determined that the tank would require recalibration from 30 psi to approximately 20 psi, below the setting of the cryogenic cooling system. The gas supplier service manager indicated to employees that the tank’s servicing instruction decal which displayed 30 psi would be updated to reflect the new pressure fill setting.
- On Sunday, Feb. 5, 2017, a tanker truck from the gas supplier arrived at the facility delivering liquid nitrogen. The driver connected the discharge hose from the truck to the storage tank and began to fill as instructed by the tank’s servicing decal. The system became over-pressurized and started leaking liquid nitrogen gas INSIDE the building.
State inspectors determined that the gas supplier had failed to update the decal to the new pressure fill setting.
A facility employee and a Richmond County Sheriff’s Deputy both responded to an alarm at the facility. Shortly after entering the building the employee fell unconscious and was severely injured from exposure to hypothermia hazards. The Sheriff’s Deputy entered the building in search of the employee but also collapsed moments later. He would later die from environmental suffocation.
As a result of the incident, the commission has ordered the gas supplier to pay the maximum penalty allowed by Georgia law of $5,000 for failure to report the incident promptly. State inspectors learned of the incident the following day from news reports.
120-3-26-.09 Notification of Accident
(1) When an incident occurs to a boiler or pressure vessel, the owner or user shall promptly notify the Chief Inspector by submitting a detailed report of the incident. In the event of a personal injury or any explosion, notice shall be given immediately by telephone, telegraph, or messenger, and neither the boiler nor pressure vessel, nor any parts thereof, shall be removed or disturbed before permission has been given by the Chief Inspector, except for the purpose of saving human life and limiting consequential damage.
(2) If an inspection is made as a result of an incident, the inspector will inform the owner or user of the requirements set forth in paragraph (1).
Additionally, the commission is ordering the gas supplier to pay civil penalties totaling $297,500 for violation of Georgia’s Boiler and Pressure Vessel Safety Act. State inspectors discovered that in many instances, and over a period of several years, the gas supplier had failed to comply with state law requirements for inspection of its bulk storage tanks. The civil penalties are for the following violations:
- $96,500 for failing to have one (1) triennial re-inspection (recurring every three years) on 193 of its pressure vessels throughout the state since installation
- $201,000 for failing to have two (2) triennial inspections (recurring every three years) on 201 of its pressure vessels throughout the state since installation
120-3-26-.07 Boiler and Pressure Vessel Inspection Requirements
(1) On and after January 1, 1986, each boiler and pressure vessel used or proposed to be used within this State, except for boilers and pressure vessels exempted under O.C.G.A. Section 25- 15-16, shall be thoroughly inspected as to their construction, installation, and condition as follows:
(a) Power boilers and high pressure, high temperature water boilers shall receive a permit (certificate) inspection annually. The inspection shall be an internal inspection where construction permits; otherwise, it shall be as complete an inspection as possible. These boilers will also receive an external inspection while under pressure, if possible.
(b) Low pressure steam or vapor boilers shall receive a permit inspection biennially.
(c) Hot water heating and hot water supply boilers shall receive a permit inspection biennially.
(d) Pressure vessels shall receive a permit inspection triennial with an internal inspection at the discretion of the Inspector.
CLICK HERE (pdf) for the official press release