La. Admin. Code tit. 55 § IX-107

Current through Register Vol. 50, No. 9, September 20, 2024

Section IX-107 - Requirements

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.

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.

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.

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.

La. Admin. Code tit. 55, § IX-107

HISTORICAL NOTE: Adopted by the Department of Public Safety, Liquefied Petroleum Gas Commission, November 1972, amended December 1974, LR 1:315 (July 1975), LR 4:86 (March 1978), LR 7:633 (December 1981), amended by the Department of Public Safety and Corrections, Liquefied Petroleum Gas Commission, LR 11:557 (May 1985), LR 15:854 (October 1989), LR 16:1063 (December 1990), LR 20:1400 (December 1994), LR 24:461 (March 1998), LR 24:2311 (December 1998), LR 25:1262 (July 1999), LR 25:2410 (December 1999), LR 26:1487 (July 2000), LR 27:2256 (December 2001), LR 28:2553 (December 2002), LR 29:2509 (November 2003), LR 31:2567 (October 2005), LR 33:1140 (June 2007), effective July 1, 2007, LR 35:2201 (October 2009), LR 35:2465 (November 2009), LR 38:1256 (May 2012), LR 41:395 (February 2015), Amended by the Department of Public Safety and Corrections, Liquefied Petroleum Gas Commission, LR 42427 (3/1/2016), Amended by LR 421671 (10/1/2016), Amended by the Department of Public Safety and Corrections, Liquefied Petroleum Gas Commission, LR 43967 (5/1/2017), Amended LR 46188 (2/1/2020), Amended LR 47481 (4/1/2021).

AUTHORITY NOTE: Promulgated in accordance with R.S. 40:1846.