Louisiana Administrative Code › Title 55 - PUBLIC SAFETY › Part IX - Liquefied Petroleum Gas › Chapter 1 - General Requirements › Subchapter A - New Dealers › Section IX-107 - Requirements

Current through Register Vol. 50, No. 6, June 20, 2024
A. Before any
				  permit or registration may be issued from the office of the director, all
				  applicants shall have complied with or agree to comply with the applicable
				  requirements as follows:
1. Shall deposit
				  filing fee of $100 for Class I, I-E, IV and VI; $50 for class VI-X and $25 for
				  all remaining permits. This fee shall accompany the application.
2. Formal application for a permit or
				  registration shall be submitted to the office of the director.
3. Shall have proof of insurance on file in
				  the office of the director on a commission proprietary certificate of insurance
				  or one substantially equivalent issued by a Louisiana licensed agent in the
				  minimum sum of $1,000,000, in the classes of insurance as required by the
				  commission. This certificate of insurance shall indicate the type and amount of
				  coverage. This policy of insurance shall meet the proof of insurance as
				  required by the commission. Said certificate shall be considered evidence of
				  liability insurance coverage; said certificate shall state that in the event
				  the insurance company cancels the insurance policy, the insurance company shall
				  notify the office of the director 10 days prior to the date of cancellation. A
				  binder of insurance coverage shall be acceptable as proof of insurance until
				  the policy is issued and a certificate of insurance is issued. The $1,000,000
				  requirement shall be effective on the first proof of insurance required after
				  November 1, 2003. The commission shall provide the proprietary certificate of
				  insurance form on its public web site for downloading or shall provide copies
				  of the proprietary certificate of insurance form via facsimile or via U.S. mail
				  upon request.
In lieu of the certificate of insurance for automobile
					 liability, the commission may accept a certificate of self-insurance issued by
					 the office of motor vehicles.
a. In
				  lieu of such liability insurance coverage, the applicant may post with the
				  commission bonds or other securities issued by the United States of America or
				  the state of Louisiana, or certificates of deposit or similar instruments
				  issued by a lending institution regulated by an agency of this state or by the
				  federal government, in the minimum sum of $1,000,000, which bonds or securities
				  shall be held in trust by the commission for the benefit of any person, firm or
				  corporation to which such legal liability may accrue;
b. Nothing in this Paragraph shall be
				  construed as reducing the insurance requirements imposed by the laws or rules
				  and regulations of the federal government or the state of Louisiana upon
				  persons, firms or corporations engaged in the liquefied petroleum gas
				  business.
4.
a. Where applicable, storage tank and
				  location shall be approved by the commissions authority having jurisdiction.
b. All sketches or drawings of
				  proposed bottle filling plants and/or liquid withdrawal systems shall be
				  submitted to the office of the director and approved before system is put into
				  operation.
5.
a. Where applicable, applicant shall provide
				  adequate transport and/or delivery trucks satisfactory to the commission. Each
				  transport and/or delivery truck shall be registered in accordance with
				  commission rules and regulations, LAC 55:IX.166.
b. All sketches of proposed installations, as
				  required in other Sections of these regulations, shall be submitted to the
				  office of the director, showing all details of the proposed installation
				  governed by these regulations. Sketches or drawings shall be submitted to the
				  office of the director and approved before installation may begin. The
				  commission reserves the right to make a final inspection and witness a pressure
				  test by an inspector of the commission.
c. Each location of Class I, Class I-E, Class
				  VI and Class VIII dealers, which fill DOT specification cylinders of 200 lbs.
				  or less, liquefied petroleum gas capacity, that are in commerce or
				  transportation, shall provide a suitable weighing device
				  (scales).
6. Applicants
				  shall have paid a permit fee in the amount of $150, Class I-E and Class III
				  which shall be $500 and R-1, R-2 registrations, which shall be $37.50 and Class
				  VI-X shall be in the amount of $150 for each location. For fiscal year
				  2014-2015, and for each subsequent fiscal year, the permit fee shall be 0.1369
				  of 1 percent of annual gross sales of liquefied petroleum gas with a minimum of
				  $150 for each location. For classes not selling liquefied petroleum gases in
				  succeeding years the permit fee shall be $150, except registrations shall be
				  $37.50 per year.
a. Each class I and class IV
				  dealer shall prepare and submit reports to the commission of each three month
				  period within their annual permit fee calculation period, by the end of the
				  month following each three-month period, in a form acceptable to the
				  commission, the previous three month's purchases and sales. An additional five
				  calendar days shall be granted for mail delays before a violation is
				  issued.
b. The reports of Class IV
				  dealers shall contain the purchases and sales indicated by total dollars and by
				  company name. The reports of Class I dealers shall contain the purchases by
				  total dollars and by company name and sales by total dollars only.
c. Any information so furnished shall be
				  considered and held confidential and privileged by the commission, its director
				  and/or his employees.
7.
				  Persons in charge of operations shall furnish proof satisfactory to the
				  commission and the office of the director, that they have had experience in and
				  are familiar with and will abide by all safety precautions necessary in the
				  conducting of the business for which they are granted a permit.
8. All service and installation personnel,
				  fuel transfer personnel, carburetion mechanics and tank truck drivers shall
				  have a card of competency from the office of the director. All permit holders,
				  except class III and VI-X permit holders, shall have at least one card of
				  competency issued to their permit. The commission may waive the one card of
				  competency until the dealer commences operations in the state. A card of
				  competency shall be issued to an applicant upon receipt of a $20 examination
				  fee and successfully passing the competency test, providing the applicant holds
				  some form of identification acceptable to the commission. The commission may
				  accept as its own a reciprocal state's examination which contains substantially
				  equivalent requirements. This shall be evidenced by a letter from the issuing
				  authority or a copy of a valid card issued by the reciprocal state. All
				  applicable fees shall be paid prior to issuing the card.
a. All cards of competency shall be renewed
				  annually by the permit holder. There is a charge of $10 per card. After
				  expiration, there is a penalty of $3 per card. There is a charge of $10 for
				  replacing a lost card, a change of employer name or change of company name. A
				  card with an improper employer or company name shall not be valid.
b. All employees who are qualified by this
				  commission and have been issued certificates of competency, shall have their
				  certificates of competency on their person while on duty. Should an employee
				  lose his card, dealer shall notify this office within 10 days for the issuance
				  of a new card. If an employee terminates his employment with the dealer for
				  whom the card is issued, the card shall be picked up by the dealer and returned
				  to this office immediately.
c. The
				  following shall be mandatory training requirements in order to maintain a
				  certificate of competency in Louisiana.
i.
				  New Hires
(a). Certified Employee Training
				  Program (CETP) or commission approved alternatives shall be the basis of all
				  new hire training, which is not grandfathered.
(b). In addition to the standard commission
				  competency test which is required prior to beginning work unsupervised, all
				  certificates of competency holders of Class 1 permit holders with certificates
				  of competency with the following names: delivery truck driver, manager exam,
				  installation and service, and delivery truck driver/limited service shall pass
				  the CETP Basic Test or commission approved alternative training program within
				  one year of their hire date. Up to two years provisional certificates of
				  competency may be issued by the commission. Other commission certificates of
				  competency, namely serviceman recreational vehicles, transport truck driver,
				  motor fuel and carburetion installation, welding and metal working industry,
				  cylinder delivery truck driver, cylinder re -qualification, and all combined
				  certificates containing the immediate before named certificates of competency
				  are exempt from this provision.
(c). Training may be given by the individual
				  companies or may be given by an outside firm and individual companies may use
				  any method they choose to train their employees on the CETP Basic Program, if
				  used. This may include, but is not limited to, e-learning, CDs, manuals,
				  classroom instruction or any combination thereof.
(d). The CETP Basic Test, if used, shall be
				  proctored by a licensed proctor.
(e). Proof of a passing grade, for purposes
				  of certification, shall be maintained in dealer employee file. The employer
				  shall maintain this record until one year after the employment has
				  terminated.
(f). Individuals who
				  have held a certificate of competency with the commission for five consecutive
				  years or longer are exempt from the CETP Basic test new hire provision;
				  however, they shall meet the continuing education training
				  provisions.
ii.
				  Continuing Education
(a). Class I employees
				  with a commission certificate of competency shall have six hours of approved
				  continuing education every year in order to maintain their certificates of
				  competency.
(b). This training
				  shall include training that is most tailored for the particular functions the
				  employee does on a normal and routine basis. This may include CETP modular
				  training classes, defensive driving classes, equipment certification classes,
				  pipe sizing classes, leak check classes and other similar training pre-approved
				  and assigned credit time by the commission.
(c). All training approved by the commission
				  shall be in objective format such as written, video with audio, or audio only.
				  Each training class will be assigned credit time value for meeting time
				  requirements of this Section.
(d).
				  This training may be done in-house by the dealer, by outside sources, or by
				  commission inspectors.
(e). Proof
				  of a passing grade, for purposes of certification, shall be maintained in
				  dealer employee file. The employer shall maintain this record until one year
				  after the employment has terminated.
9. Shall have necessary experience in
				  liquefied petroleum gas business or have employed a recognized operator of such
				  experience and competency. The commission reserves the right to demand that
				  such knowledge and competency be proved by a written examination.
10. Where applicable, shall provide adequate
				  switch track or tank loading and unloading facilities. All auxiliary equipment
				  such as pumps, hose, electrical switches, etc., shall be Underwriters
				  Laboratory approved for liquefied petroleum gases. If equipment is not
				  approved, drawings and descriptions shall be submitted to the office of the
				  director for his approval before installation.
11. Applicants for change of name shall
				  deposit a filing fee of $25 with a formal application for a name change. The
				  office of the director shall administratively grant the name change after all
				  commission requirements are met. The commission shall ratify the name change at
				  the next commission meeting after which a minimum of 20 days have elapsed since
				  the administrative granting of the name change. A representative of the new
				  firm or corporation shall be required to be present when the application is
				  ratified by the commission, except in the cases of Class VI-X, and R-1 and R-2
				  registrations, when appearance is waived. All certificates of competency shall
				  be changed to new name, except Class VI-X which does not require certificates
				  of competency.
12. Any permit
				  holder who does not actively engage in business for which permit was granted,
				  for a period of six consecutive calendar months, may have his permit revoked by
				  the commission.
13. The commission
				  shall grant Class I and Class I-E Liquefied Petroleum Gas permits to
				  nonresident applicants only after the commission has reached a reciprocal
				  agreement with the Liquefied Petroleum Gas regulating authority of the state in
				  which the applicant resides.
14.
				  All Class I, Class VI, Class VI -X, and Class VIII permit holders shall accept,
				  for proper disposal or requalification, all 4 lb. through 40 lb. liquefied
				  petroleum gas cylinders from consumers, when offered, which are not suitable
				  for continued service in their present condition. Class I permit holders who
				  supply liquefied petroleum gas to Class VI, Class VI-X and Class VIII permit
				  holders shall accept and properly dispose of or requalify all 4 lb. through 40
				  lb. liquefied petroleum gas capacity cylinders when offered by their Class VI,
				  Class VI-X, or Class VIII permit holders for disposal or requalification. Those
				  cylinders offered for disposal or requalification become the property of the
				  permit holders accepting the cylinder. It is the responsibility of the Class I
				  permit holders to properly dispose of the cylinders which are not or cannot be
				  requalified.
15. All classes of
				  permit or registration holders shall display a copy of their permit in a
				  prominent area at all locations utilizing said permit.