Current Status Introducing Body:Senate Bill Number:713 Ratification Number:178 Act Number:168 Primary Sponsor:Drummond Type of Legislation:GB Subject:Liquefied petroleum gas Date Bill Passed both Bodies:19930602 Computer Document Number:436/11028AC.93 Governor's Action:S Date of Governor's Action:19930616 Introduced Date:19930420 Date of Last Amendment:19930601 Last History Body:------ Last History Date:19930616 Last History Type:Act No. 168 Scope of Legislation:Statewide All Sponsors:Drummond Type of Legislation:General Bill
Bill Body Date Action Description CMN Leg Involved
---- ------ ------------ ------------------------------ --- ------------
713 ------ 19930616 Act No. 168
713 ------ 19930616 Signed by Governor
713 ------ 19930610 Ratified R 178
713 Senate 19930602 Concurred in House amendment,
enrolled for ratification
713 House 19930602 Read third time, returned to
Senate with amendment
713 House 19930601 Amended, read second time
713 House 19930526 Committee Report: Favorable 26
with amendment
713 House 19930506 Introduced, read first time, 26
referred to Committee
713 Senate 19930506 Read third time, sent to House
713 Senate 19930505 Read second time
713 Senate 19930429 Recalled from Committee, 12
placed on Calendar
713 Senate 19930420 Introduced, read first time, 12
referred to Committee
View additional legislative information at the LPITS web site.
(A168, R178, S713)
AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 39-43-45 SO AS TO REQUIRE A DEALER IN LIQUEFIED PETROLEUM GAS TO MEET CERTAIN STORAGE CAPACITY REQUIREMENTS; TO ADD SECTION 39-43-75 SO AS TO REQUIRE NOTICE TO BE GIVEN BEFORE WORK IS BEGUN ON LIQUEFIED PETROLEUM GAS SYSTEMS; TO AMEND SECTION 39-43-10, AS AMENDED, RELATING TO DEFINITIONS IN THE LIQUEFIED PETROLEUM GAS CHAPTER, SO AS TO CONSOLIDATE AND REVISE THESE DEFINITIONS; TO AMEND SECTION 39-43-20, AS AMENDED, RELATING TO THE LIQUEFIED PETROLEUM GAS BOARD, SO AS TO INCREASE THE BOARD FROM FOUR TO FIVE; TO AMEND SECTION 39-43-30, AS AMENDED, RELATING TO DUTIES OF THE BOARD, SO AS TO DELETE THE REFERENCE TO PROSECUTING CRIMINAL VIOLATIONS AND TO REVISE AND INCLUDE NEW REFERENCES TO THE NATIONAL FIRE PROTECTION ASSOCIATION PAMPHLETS WHICH ARE THE BASIS FOR REGULATIONS THE BOARD MUST PROMULGATE; TO AMEND SECTION 39-43-40, AS AMENDED, RELATING TO LIQUEFIED PETROLEUM GAS BUSINESS ACTIVITIES REQUIRING A LICENSE, SO AS TO REVISE STATUTORY REFERENCES; TO AMEND SECTION 39-43-50, AS AMENDED, RELATING TO LICENSE FEES AND DEFINITIONS, SO AS TO DELETE AND TRANSFER THESE DEFINITIONS; TO AMEND SECTION 39-43-80, AS AMENDED, RELATING TO CERTIFICATION REQUIREMENTS FOR A PERSON WHO TRANSPORTS, DELIVERS, OR CONDUCTS OTHER BUSINESS ACTIVITIES RELATED TO LIQUEFIED PETROLEUM GAS, SO AS TO REVISE THE CERTIFICATION REQUIREMENT; TO AMEND SECTION 39-43-130, AS AMENDED, RELATING TO PILOT SAFETY VALVES ON HEATING APPLIANCES IN PUBLIC BUILDINGS, SO AS TO ADD REQUIREMENTS FOR THESE APPLIANCES IN RESIDENCES AND MANUFACTURED HOMES; TO AMEND SECTION 39-43-170, AS AMENDED, RELATING TO CRIMINAL PENALTIES FOR VIOLATIONS, SO AS TO INCREASE THE MINIMUM FINE FROM FIVE HUNDRED DOLLARS TO ONE THOUSAND DOLLARS AND TO INCREASE THE MINIMUM IMPRISONMENT FROM SIXTY TO NINETY DAYS; TO AMEND SECTION 39-43-180, AS AMENDED, RELATING TO ADMINISTRATIVE PENALTIES FOR FAILURE TO COMPLY WITH AN ORDER, SO AS TO CLARIFY PROCEDURES FOR VIOLATIONS AND TO INCREASE THE PENALTY FROM TWO THOUSAND DOLLARS TO FIVE THOUSAND DOLLARS; TO PROVIDE AN EXEMPTION TO STORAGE CAPACITY REQUIREMENTS UNDER CERTAIN CONDITIONS; AND TO REPEAL SECTION 39-43-90 RELATING TO THE INSPECTION AND CERTIFICATION OF CARGO VESSELS AND SECTION 39-43-160 RELATING TO ADMINISTRATIVE PROCEDURES AND PENALTIES.
Be it enacted by the General Assembly of the State of South Carolina:
Storage capacity
SECTION 1. The 1976 Code is amended by adding:
"Section 39-43-45. (A) A dealer conducting business in the State must have storage capacity of a minimum of 30,000 water gallons located within close proximity to the area to be served.
(B) A dealer with headquarters outside of South Carolina who is conducting business in South Carolina must have storage capacity located in South Carolina within close proximity to the area served in South Carolina.
(C) The Liquefied Petroleum Gas Board in its discretion may waive the minimum bulk storage facility requirement of subsections (A) and (B).
(D) If the storage capacity required by subsections (A) and (B) is leased, then the storage capacity must be dedicated to the exclusive use of the lessee and must include separate piping and loading-unloading facilities."
Preinstallation notice must be given to supplier
SECTION 2. The 1976 Code is amended by adding:
"Section 39-43-75. An installer of appliances or equipment shall notify a supplier of propane before beginning any work on the supplier's liquefied petroleum gas system."
Definitions
SECTION 3. Section 39-43-10 of the 1976 Code, as added by Act 661 of 1988, is further amended to read:
"Section 39-43-10. As used in this chapter: (a) `Liquefied petroleum gas' means material composed predominately of the following hydrocarbons or mixtures of hydrocarbons, including propane, propylene, butanes (normal butane or isobutane), and butylenes.
(b) `Containers' means all vessels, including, but not limited to, tanks, cylinders, or pressure vessels used for storage of liquefied petroleum gases.
(c) `Systems' means an assembly of equipment consisting essentially of the container and any device which is connected to it for the utilization of liquefied petroleum gas.
(d) `Dealer' means a 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 engaging in installing, servicing, repairing, adjusting, disconnecting, or connecting appliances to liquefied petroleum gas systems and containers.
(e) `Installer of appliances and equipment' means a person engaging in the business of installing, servicing, repairing, adjusting, disconnecting, or connecting appliances and equipment to liquefied petroleum gas systems or containers.
(f) `Reseller' means a person engaging in the resale of liquefied petroleum gas by filling cylinders of not more than one hundred pounds capacity of liquefied petroleum gas and who owns and operates this business separate and independent of a dealer or branch dealer except that the reseller may purchase liquefied petroleum gas from a dealer as an independent contractor.
(g) `Transporter' means a 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.
(h) `Utility gas plant' means a fuel gas distribution facility owned or operated by a public utility or municipal or local government authority that uses liquefied petroleum gas to supplement natural gas supplies when necessary."
Board composition and operation
SECTION 4. Section 39-43-20 of the 1976 Code, as last amended by Act 248 of 1991, is further amended to read:
"Section 39-43-20. There is created the Liquefied Petroleum Gas Board composed of five members appointed by the Governor. One of the appointees must be a fireman, two must be liquefied petroleum gas dealers licensed under this chapter, one must be a representative of the insurance industry, and one must be a member of the public who does not possess a pecuniary interest in an entity engaged in a business directly involving liquefied petroleum gas. The chairman must be elected for a one-year term. Terms of office for members are for two years and until their successors are appointed and qualify. Vacancies must be filled in the manner of original appointment for the unexpired term. The board shall meet at least annually and not more than once a month. All meetings must be scheduled at the call of the chairman. All members shall receive mileage, per diem, and subsistence as provided by law for members of boards, committees, and commissions for days on which they transact official business, to be paid from the General Fund of the State. The Office of State Fire Marshal shall provide administrative support as required by the board to perform its prescribed functions. The State Fire Marshal is an official consultant and is authorized to attend all meetings."
Duties of the board
SECTION 5. Section 39-43-30 of the 1976 Code, as last amended by Act 273 of 1992, is further amended to read:
"Section 39-43-30. The board shall:
(1) assure that the laws of this State governing liquefied petroleum gas are executed faithfully and may promulgate regulations to enforce, administer, and implement this chapter which are not provided for specifically in this chapter;
(2) institute proceedings for violations of laws relevant to liquefied petroleum gas;
(3) 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 and degree of odorization of these gases. 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. The regulations must contain standards not less than those published by the National Fire Protection Association Pamphlet No. 54, 1992 Edition and all pamphlets referenced in that edition, National Fire Protection Association Pamphlet No. 58 with the exception of Section 4-2.2.1, 1992 Edition, and National Fire Protection Association Pamphlet No. 59, 1992 Edition, and pamphlets referenced in that edition."
Failure to obtain license
SECTION 6. The last sentence of Section 39-43-40 of the 1976 Code, as last amended by Act 661 of 1988, is further amended to read:
"Failure to obtain the license is punishable as provided in Sections 39-43-170 and 39-43-180."
License fees
SECTION 7. Section 39-43-50 of the 1976 Code, as last amended by Act 661 of 1988, is further 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 each utility gas plant and two hundred dollars annually for each dealer. The reseller shall pay a license fee of fifty dollars, and each installer of appliances and equipment shall pay a license fee of twenty-five dollars."
Certification required to transport or deliver gas or service appliances
SECTION 8. Section 39-43-80 of the 1976 Code, as last amended by Act 661 of 1988, is further amended to read:
"Section 39-43-80. It is unlawful for an employee of a dealer to transport or deliver liquefied petroleum gas or to install, service, repair, adjust, connect, or disconnect gas appliances to or from a liquefied petroleum gas system, unless the person is certified by successfully passing an examination recognized by the South Carolina Liquefied Petroleum Gas Board and administered by the Division of State Fire Marshal. The provisions of this section do not apply to common laborers working under the direct and immediate supervision of a person certified under this section."
Safety valve requirements for heating appliances in public buildings, residences, and mobile homes
SECTION 9. Section 39-43-130 of the 1976 Code, as last amended by Act 661 of 1988, is further amended to read:
"Section 39-43-130. (A) All heating appliances installed for use in a hotel, motel, tourist home, school, church, theater, auditorium, institutional building, hospital, nursing home, convalescent home, or other place of public assembly or rest must be equipped with a pilot having a one hundred percent safety cut-off valve of an automatic operating type. The pilot safety valve must have positive control of the flow of gas to the appliance burners in public places for sleeping purposes.
(B) A vented space heater equipped with a one hundred percent safety cut-off valve or an unvented space heater factory equipped with an oxygen depletion sensor pilot may be installed in sleeping quarters or bathrooms of residences and in areas of a manufactured home other than sleeping quarters or bathrooms, provided:
(1) a vented space heater is vented to the outside in accordance with manufacturer's instructions;
(2) the aggregate input BTU rating of the appliance does not exceed ten BTU's per hour per cubic foot of space in the room where the heater is placed;
(3) the required clearances are maintained; and
(4) the heater is securely anchored to the wall or floor."
Penalties
SECTION 10. Section 39-43-170 of the 1976 Code, as last amended by Act 661 of 1988, is further amended to read:
"Section 39-43-170. A person required by this chapter to obtain a license to do business in this State who has not obtained a license, or who operates while his license is suspended or revoked, or who violates any of the provisions of this chapter or regulations promulgated by its authority, is guilty of a misdemeanor and, upon conviction, must be fined not less than one thousand dollars nor more than two thousand dollars or imprisoned for not less than ninety days nor more than one year."
Fire Marshal may issue order requiring compliance
SECTION 11. Section 39-43-180 of the 1976 Code, as last amended by Act 661 of 1988, is further amended to read:
"Section 39-43-180. If a person is found to be in violation of this chapter or a regulation promulgated under this chapter, an agent of the State Fire Marshal may issue an order to the person requiring compliance. If the person fails to comply with the order or an order issued pursuant to Section 39-43-110, the person must go before the State Fire Marshal who shall serve as hearing examiner. The State Fire Marshal may impose an administrative penalty not to exceed five 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 pursuant to the Administrative Procedures Act."
Application and exemption
SECTION 12. Section 39-43-45(A) of the 1976 Code, as added by Section 1 of this act, takes effect July 1, 1994, and dealers licensed as of June 30, 1994, are exempt from this subsection. Section 39-43-45(B), as added by Section 1 of this act, takes effect July 1, 1995.
Section takes effect
SECTION 13. Section 39-43-80 of the 1976 Code, as amended by Section 8 of this act, takes effect January 1, 1995.
Sections repealed
SECTION 14. Sections 39-43-90 and 39-43-160 of the 1976 Code are repealed.
Time effective
SECTION 15. This act takes effect upon approval by the Governor, except as otherwise provided.
Approved the 16th day of June, 1993.