South Carolina General Assembly
106th Session, 1985-1986

Bill 2395


                    Current Status

Bill Number:               2395
Ratification Number:       301
Act Number:                200
Introducing Body:          House
Subject:                        Liquefied petroleum gases
View additional legislative information at the LPITS web site.


(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

(A200, R301, H2395)

AN ACT TO AMEND SECTIONS 39-43-30, 39-43-40, 39-43-50, 39-43-60, 39-43-70, 39-43-80, 39-43-90, 39-43-100, 39-43-110, 39-43-120, 39-43-140, 39-43-150, 39-43-160, AND 39-43-190, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LIQUEFIED PETROLEUM GASES, SO AS TO MAKE VARIOUS CHANGES IN THE PROVISIONS CONCERNING THESE GASES; TO AMEND CHAPTER 43 OF TITLE 39 OF THE 1976 CODE, RELATING TO LIQUEFIED PETROLEUM GASES, BY ADDING SECTION 39-43-210, SO AS TO REQUIRE VEHICLES USING LIQUIFIED PETROLEUM GAS AS A MOTOR FUEL TO BE SPECIALLY IDENTIFIED BY A CERTAIN DATE; AND TO REPEAL SECTIONS 39-47-10 THROUGH 39-47-70, RELATING TO ANHYDROUS AMMONIA.

Be it enacted by the General Assembly of the State of South Carolina:

Regulations

SECTION 1. Item (c) of Section 39-43-30 of the 1976 Code is amended to read:

"(c) Make, promulgate, and enforce regulations setting forth minimum general standards covering the design, construction, location, installation, and operation of equipment for storing, handling, transporting by tank truck or tank trailer, and utilizing liquefied petroleum gases and specifying the odorization of these gases and the degree thereof. The regulations must be reasonably necessary for the protection of the health, welfare, and safety of the public and persons using these materials and must be in substantial conformity with the generally accepted standards of safety concerning the subject matter, and the regulations shall contain standards that are not less than those published by the National Fire Protection Association Pamphlet No. 58, 1983 Edition and all pamphlets referenced therein."

License

SECTION 2. Section 39-43-40 of the 1976 Code is amended to read:

"Section 39-43-40. Any person engaging in the manufacture, distribution, sale, or storing or transporting by tank truck, tank trailer, or cylinder of liquefied petroleum gases, or engaged in the installation, servicing, repairing, adjusting, or connecting of appliances to liquefied petroleum gas systems and containers, shall obtain a license to do business in the State from the board through the office of the State Fire Marshal prior to engaging in any of the business activities listed in this section. Failure to obtain the license is punishable as provided in Sections 39-43-160 and 39-43-170."

Fee

SECTION 3. Section 39-43-50 of the 1976 Code is amended to read:

"Section 39-43-50. The license fee for the license required by Section 39-43-40 is two hundred fifty dollars annually for each transporter and for each dealer and, in addition, each branch dealer shall pay a license fee of fifty dollars, each subdealer shall pay a license fee of twenty-five dollars, and each installer of appliances and equipment shall pay a license fee of twenty-five dollars.

As used in this section:

(a) 'Transporter' means any person engaging in the transportation of liquefied petroleum gas for hire only in quantities greater than three thousand five hundred water gallons from pipeline terminals to bulk plants.

(b) 'Dealer' means any person engaging in the installation of liquefied petroleum gas systems, manufacture, distribution, sale, storing, or transporting by tank truck, tank trailer, or container of liquefied petroleum gases, or engaged in the installation, servicing, repairing, adjusting, disconnecting, or connecting of appliances to liquefied petroleum gas systems and containers, except as provided in (c) and (d) below.

(c) 'Branch Dealer' means any person engaging in the installation of liquefied petroleum gas systems, manufacture, distribution, sale, storing, or transporting by tank truck, tank trailer, or container of liquefied petroleum gases, or engaged in the installation, servicing, repairing, adjusting, disconnecting, or connecting of appliances to liquefied petroleum gas systems and containers, operating a branch office for a dealer when the branch office is owned by a dealer and is part of the dealer's business operation.

(d) 'Subdealer' means any person engaging in the resale of liquefied petroleum gas by the filling of cylinders not more than one hundred pounds capacity of liquefied petroleum gas per cylinder and who owns and operates his business separate and independent of any dealer or branch dealer except that he may purchase liquefied petroleum gas from these dealers as an independent contractor.

(e) 'Installer of Appliances and Equipment' means any person engaging in the business of installation, servicing, repairing, adjusting, disconnecting, or connecting of appliances and equipment to liquefied petroleum gas systems or containers."

Insurance required

SECTION 4. Section 39-43-60 of the 1976 Code is amended to read:

"Section 39-43-60. (a) Every transporter, dealer, subdealer, branch dealer, or installer of appliances engaging in any of the activities referred to in Section 39-43-40 shall, as a prerequisite to obtaining a license, obtain insurance with companies licensed to do business in this State which covers motor vehicle liability, employers' liability or workers' compensation, as applicable, manufacturer's or contractor's liability, including product's liability insurance, and any other exposures which, in the opinion of the board, are necessary in the public interest. Liability insurance, except for workers' compensation coverage acquired by the licensee, and except for employers' liability coverage, must be in amounts as the board may prescribe, but not less than twenty-five thousand dollars for bodily injury to or death of any one person in any one accident, and subject to the limit for a single person, nor less than one hundred thousand dollars for bodily injury to or death of two or more persons as the result of any one accident, and not less than twenty-five thousand dollars for damage to the property of others . Employers' liability insurance certified hereunder may not afford benefits that are less than benefits that would be available through workers' compensation insurance if the employer were covered under The South Carolina Workers' Compensation Law.

(b) If the applicant for license furnishes the board through the office of the State Fire Marshal with an affidavit setting forth that he is not and will not be exposed to one or more of the liabilities covered by the insurance referred to in this section, then the board through the office of the State Fire Marshal may waive the certification of the type of insurance covering liabilities for which he has no exposure. Any applicant for license who is covered by workers' compensation insurance is not required to have employers' liability insurance certified. The insurance carrier shall certify to the board through the office of the State Fire Marshal by a certificate executed on behalf of the insurance company by an executive officer thereof that the coverages required in this section are in effect and will not be cancelled by the insurance carrier without at least thirty days' notice to the board through the office of the State Fire Marshal by registered mail.

(c) In lieu of insurance, an applicant for license may furnish a bond of a licensed surety company which must be approved as to form and sufficiency by the Attorney General in the amount of one hundred thousand dollars. The bond must be conditioned to pay any final judgment entered against the applicant for license in a court of competent jurisdiction in this State, and to pay any liability arising during the term of the bond. Any judgment obtained is a lien upon the bond."

Persons must be licensed and certified

SECTION 5. Section 39-43-70 of the 1976 Code is amended to read:

"Section 39-43-70. Before any dealer or branch or sub-dealer may sell any liquefied petroleum gas to any person for resale to the public, he must first ascertain that the person is licensed and certified as being competent by the board through the office of the State Fire Marshal to resell the liquefied petroleum gas. Any dealer or branch or sub-dealer wilfully violating the provisions of this section is subject to penalties as provided for in this chapter."

Unlawful to transport

SECTION 6. Section 39-43-80 of the 1976 Code is amended to read:

"Section 39-43-80. It is unlawful for any person, whether an employee of a licensed gas dealer or otherwise, to transport or deliver liquefied petroleum gas, or to install, service, repair, adjust, connect, or disconnect any gas appliances to or from any liquefied petroleum gas system, unless the person is certified as competent by a licensed gas dealer employing the person. The certification by the dealer must be under oath on forms prescribed by the State Fire Marshal and must run concurrently with the dealer's license. The board has power to revoke the certification for cause. However, the provisions of this section do not apply to common laborers working under the direct and immediate supervision of a person who has been certified under this section."

Vessels must be inspected

SECTION 7. Section 39-43-90 of the 1976 Code is amended to read:

"Section 39-43-90. All cargo vessels transporting liquefied petroleum gases must be fully inspected by the State Fire Marshal and the operator or owner shall obtain from the State Fire Marshal a certificate and decal showing that the cargo vessel is in proper condition to transport liquefied petroleum gas. This certificate must be maintained in the glove box of the vehicle to which the cargo vessel is attached or, in the case of transports, the document holder on the transport vessel. The decal must be prominently displayed above the data plate on the cargo vessel. This certificate and decal must be renewed annually or at more frequent intervals as considered necessary by the State Fire Marshal in the interest of public safety. All new cargo vessels must be inspected and registered with the State Fire Marshal prior to use."

Members of board may inspect

SECTION 8. Section 39-43-100 of the 1976 Code is amended to read:

"Section 39-43-100. (1) Any member of the board or the State Fire Marshal or any of his agents are authorized to enter during reasonable business hours upon the premises of any person engaged in the liquefied petroleum gas industry in any of its phases to inspect any properties or installations that relate in any way to the safe and proper operation of the business and may make investigations or examinations as they consider necessary for the public safety. The board may compel the attendance of witnesses to testify in relation to any matter within its jurisdiction.

(2) When an emergency exists, as declared by a liquified petroleum gas inspector, the inspector may enter upon the premises of any person and take whatever action he considers necessary for public safety, including, but not limited to, the evacuation of the area in which the emergency exists."

Condition to be removed

SECTION 9. Section 39-43-110 of the 1976 Code is amended to read:

"Section 39-43-110. Whenever any condition is found as a result of the inspection, examination, or investigation provided in Section 39-43-100 that is hazardous to the public safety, the board or the State Fire Marshal or any of his agents shall order the condition removed or corrected. The order must be in writing and served by registered mail. Should any person fail to comply with the terms of the order, he is subject to a fine, suspension of license, or refusal to renew or continue his license, as provided in Section 39-43-160, in the discretion of the board through the office of the State Fire Marshal. Before any license may be revoked or suspended, the holder thereof shall have notice in writing of the charge against him at a date specified in the notice, at least five days after the service thereof, be given a public hearing, and have an opportunity to produce testimony in his favor and confront the witnesses against him."

Circuits may not be grounded to gas system

SECTION 10. Section 39-43-120 of the 1976 Code is amended to read:

"Section 39-43-120. Electrical circuits or electrical appliances, such as radios, telephones, or other electrical apparatus, may not be grounded to any liquefied petroleum gas system or appliance. Any dealer or his agent finding a violation of this section shall request the owner of the property to remove the ground. Should the owner fail to comply with this request the dealer or his agent shall immediately report that fact to the board through the office of the State Fire Marshal."

Report

SECTION 11. Section 39-43-140 of the 1976 Code is amended to read:

"Section 39-43-140. All owners, managers, or operators of all vehicles or equipment covered under this chapter shall within twenty-four hours thereafter make a report to the board through the office of the State Fire Marshal of all fires and explosions in connection with the equipment or gas systems which they have serviced, installed, or performed other work upon of accidental or incendiary origin of which they have knowledge, with as complete detail as possible, together with evidence as they have obtained after investigation. Reports filed pursuant to this section are confidential and for the use of the board only pending investigation completion."

Provisions not to apply

SECTION 12. Section 39-43-150 of the 1976 Code is amended to read:

"Section 39-43-150. The provisions of this chapter do not apply to liquefied petroleum gas used as a by-product in the manufacture of any product nor to any person who is engaged in the retailing of liquefied petroleum gas in containers of less than one hundred pounds liquefied petroleum capacity if the person does not engage in filling liquefied petroleum gas cylinders or the installation, servicing, repairing, adjusting, connecting, or disconnecting of appliances or piping to or from liquefied petroleum gas systems."

License may be suspended

SECTION 13. Section 39-43-160 of the 1976 Code is amended to read:

"Section 39-43-160. Whenever, following a hearing, on its own initiative or as an appeal from a decision of the State Fire Marshal the board finds that any person licensed under the provisions of this chapter has violated any of the provisions thereof or has engaged in the liquefied petroleum gas business in this State without a license as required by Section 39-43-40, it may suspend, revoke, or refuse to license or renew the license of the person or in the alternative may impose or confirm an administrative penalty not to exceed two thousand dollars for any single offense."

Agent has authority to issue citation

SECTION 14. Section 39-43-190 of the 1976 Code is amended to read:

"Section 39-43-190. Any agent of the State Fire Marshal has the authority to issue a citation to any person who has violated any of the provisions of this chapter. When the person receives a citation he must go before the State Fire Marshal who must serve as hearing examiner. The State Fire Marshal may impose an administrative penalty not to exceed two thousand dollars for each violation or suspend, revoke, or refuse to license or renew the license of the person. Appeals from the decision of the State Fire Marshal must be made to the board within fifteen days from notification of the decision."

Vehicles to be identified

SECTION 15. Chapter 43 of Title 39 of the 1976 Code is amended by adding:

"Section 39-43-210. All vehicles that use liquefied petroleum (LP) gas as a motor fuel are required to be identified as using LP-gas as a source of fuel by the placement of an orange decal with the number '1075' (one thousand seventy-five) in the center identical to the decal or placard authorized for LP-gas by the United States Department of Transportation. This decal must be obtained and placed on the inside of the windshield on the passenger side of the vehicle so that the view of the driver and of the passenger is not obstructed. These decals must be in place on LP-gas powered vehicles not later than January 1, 1986."

Repealed

SECTION 16. Sections 39-47-10 through 39-47-70 of the 1976 Code are repealed.

Time effective

SECTION 17. Except as otherwise provided in this act, this act shall take effect upon approval by the Governor.