Louisiana Administrative Code › Title 28 - EDUCATION › Part IX - Regents. › Chapter 1 - Fiscal Administrator Revolving Loan Fund › Section IX-103 - Registration and License Applications

Current through Register Vol. 50, No. 6, June 20, 2024
A. The following terms, as used in this Part,
				have the meanings listed below.
Appliance
- any device that utilizes gas as a
				  fuel or raw material to produce light, heat, power, refrigeration, or air
				  conditioning.
Applicant
- a person, firm, or corporation
				  who has applied for a permit or registration with the Liquefied Petroleum Gas
				  Commission.
Approved
- approved by or acceptable to the
				  authority having jurisdiction. This normally means that equipment or materials
				  that are listed or labeled have been specifically approved by the authority
				  having jurisdiction.
ASME
- American Society of Mechanical
				  Engineers.
Authority Having Jurisdiction (AHJ)
- the
				  organization, office, or individual responsible for approving equipment, an
				  installation, or a procedure. In Louisiana the AHJ is the Liquefied Petroleum
				  Gas Commission, the Office of the Director of the Liquefied Petroleum Gas
				  Commission.
Cargo Tank
- a container used to transport
				  liquefied petroleum gas over a highway as liquid cargo, either mounted on a
				  conventional truck chassis or as an integral part of a transporting vehicle in
				  which the container constitutes in whole, or in part, the stress member used as
				  a frame.
CETP
- Certified Employee Training
				  Program.
Commission
- Louisiana Liquefied Petroleum
				  Gas Commission.
Container
- any vessel, including cylinders,
				  tanks, portable tanks, and cargo tanks used for the transporting or storing of
				  liquefied petroleum gas.
Dealer
or
Permit Holder
-
				  any person, firm, or corporation who holds a permit or registration to enter
				  into any phase of the liquefied petroleum gas business in the state of
				  Louisiana.
Disaster
-the result of a natural or
				  man-made event which causes loss of life, injury, and property damage,
				  including but not limited to natural disasters such as a hurricane, tornado,
				  storm, flood, high winds, and other weather related events, forest and marsh
				  fires, and man-made disasters, including but not limited to nuclear power plant
				  incidents, hazardous materials incidents, oil spills, explosion, civil
				  disturbances, public calamity, acts of terrorism, hostile military action, and
				  other events related hereto.
DOT
- the United States Department of
				  Transportation.
Emergency-
the actual or threatened condition
				  which has been or may be created by a disaster or; any natural or man-made
				  event which results in an interruption in the delivery of utility services to
				  any consumer of such services and which affects the safety, health, or welfare
				  of a Louisiana resident; or
a. any
				instance in which a utilitys property is damaged and such damage creates a
				dangerous condition to the public;
b. any national or state emergency, including
				acts of terrorism or a congressional authorization or presidential declaration
				pursuant to the War Powers Resolution (50 U.S.C.
				1541 et seq.).
End User
- any person, firm, or corporation
				  which has the use of or legal authority or control over any system which
				  utilizes liquefied petroleum gas.
Installation
- when used in the context of an
				  existing thing, the same as system or liquefied petroleum gas system (see
				  definition of
system
or
liquefied petroleum gas
				  system
).
Installation
- when used in the context of an
				  action, the art of installing or setting up for use or service.
Labeled
- equipment or materials to which has
				  been attached a label, symbol, or other identifying mark of an organization
				  that is acceptable to the authority having jurisdiction and concerned with
				  product evaluation that maintains periodic inspection of production of labeled
				  equipment or materials and by whose labeling manufacturer indicates compliance
				  with appropriate standards or performance in a specified manner.
Leak Check
- operation performed on a
				  complete gas piping system and connected equipment prior to placing it into
				  operation following initial installation and pressure testing or interruption
				  of gas supply or out-of-gas situation or first time service of a new customer
				  to verify that the system does not leak.
Liquefied Petroleum Gases
-those gases
				  derived from petroleum or natural gas, and are herein defined as those in the
				  gaseous state at normal atmospheric temperature and pressure, and those
				  maintained in liquid state at normal atmospheric temperature by means of
				  suitable pressure. Those gases having a vapor pressure not exceeding that
				  allowed for commercial propane composed predominantly of the following
				  hydrocarbons, either by themselves or as mixtures: propane, propylene, butane
				  (normal butane or iso butane), and butylenes. This definition shall not include
				  acetylene as a regulated gas.
Listed
- equipment or materials included in a
				  list published by an organization acceptable to the authority having
				  jurisdiction and concerned with product evaluation that maintains periodic
				  inspection of production of listed equipment or materials and whose listing
				  states either that the equipment or material meets appropriate standards or has
				  been listed and found suitable for use in a specified manner.
Materially Affect Safety
- any action or
				  inaction that significantly and adversely affects the public health, safety or
				  welfare, whether caused by deliberate act or negligence.
Mobile Air Conditioning System
-mechanized
				  vapor compression equipment which is used to cool the driver's or passenger's
				  compartment of any motor vehicle.
New Dealer
- any person, firm, or corporation
				  that does not hold a permit or registration to engage in the liquefied
				  petroleum gas business as of the date of their application.
Office of the Director
-the office of the
				  Executive Director of the Louisiana Liquefied Petroleum Gas Commission.
Places of Public Assembly
- places where the
				  egress is open to the public. This definition includes, but is not limited to,
				  bars, restaurants, service stations, grocery stores, schools, churches,
				  hospitals, sales offices, nursing homes, and other similar places. This
				  definition is not intended to include places that limit public access.
Pressure Test
- an operation performed to
				  verify the gas tight integrity of gas piping following its installation or
				  modification.
Qualified Agency
- any person, firm, or
				  corporation which is engaged in and is responsible for the installation or
				  replacement of liquefied petroleum gas piping, tanks, containers, the
				  connection, installation, repair, or servicing of equipment or appliances and
				  is experienced in such work and familiar with all precautions required and has
				  complied with all the requirements of the authority having jurisdiction.
Reseller
or
Wholesaler
-
a. a person, firm, or corporation who:
i. holds title or ownership of liquefied petroleum gas as it
				  leaves the facility or plant of a manufacturer of liquefied petroleum gas, or
				  the facility or plant of a manufacturer of products of which liquefied
				  petroleum gas form a component part, or of a commercial storage
				  facility;
ii. transfers such title or ownership to another without
				  substantially changing the form of the liquefied petroleum gas;
iii. transfers such title or ownership to another reseller,
				  or to a liquefied petroleum gas dealer for sale at retail;
b. this definition shall include a manufacturer of liquefied
				  petroleum gas or a manufacturer of products of which liquefied petroleum gas
				  forms a component part, if title or ownership transfers directly from the
				  manufacturer to a liquefied petroleum gas dealer for sale at retail;
c. this definition shall not include a manufacturer of
				  liquefied petroleum gas or a manufacturer of products of which liquefied
				  petroleum gas forms a component part, if title or ownership transfers to
				  another manufacturer of liquefied petroleum gas, to another manufacturer of
				  products of which liquefied petroleum gas forms a component part or to a
				  reseller.
Retail Dealer
- any person, firm, or
				  corporation who normally sells liquefied petroleum gas to an end user for
				  consumption.
Retail Station
- that portion of property
				  where liquefied petroleum gases used as motor fuel are stored and dispensed
				  from fixed equipment into liquefied petroleum gas fuel tanks of motor vehicles
				  and where such dispensing is an act of retail motor fuel sale.
State of Emergency or Disaster
-any event
				  declared by the governor of the state by his authority under the "Louisiana
				  Homeland Security and Emergency Assistance and Disaster Act" under
				  R.S.
				  29:721 et seq.
System or Liquefied Petroleum Gas System
-
				  any tank, container, heat or cold producing device, appliance or piping that
				  utilizes or has liquefied petroleum gas connected thereto. This includes, but
				  is not limited to, ranges, hot water heaters, heaters, air conditioners,
				  containers, tanks, furnaces, space heaters or piping used in the transfer of
				  liquefied petroleum gas either in the vapor or the liquid state from one point
				  to another, internal combustion engines, both stationary and mobile, grain
				  dryers or any combination thereof.
Tank(s)
- same as a container(s).
Used Manufactured Home
- a manufactured home
				  which is not being sold or offered for sale as new, which has been previously
				  sold as new and is used for residential purposes.