S*713 Session 110 (1993-1994)
S*0713(Rat #0178, Act #0168) General Bill, By Drummond
A Bill 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.
04/20/93 Senate Introduced and read first time SJ-21
04/20/93 Senate Referred to Committee on Labor, Commerce and
Industry SJ-21
04/29/93 Senate Recalled from Committee on Labor, Commerce and
Industry SJ-3
05/05/93 Senate Read second time SJ-12
05/06/93 Senate Read third time and sent to House SJ-10
05/06/93 House Introduced and read first time HJ-61
05/06/93 House Referred to Committee on Labor, Commerce and
Industry HJ-61
05/26/93 House Committee report: Favorable with amendment Labor,
Commerce and Industry HJ-10
06/01/93 House Amended HJ-58
06/01/93 House Read second time HJ-58
06/02/93 House Read third time and returned to Senate with
amendments HJ-13
06/02/93 Senate Concurred in House amendment and enrolled SJ-51
06/10/93 Ratified R 178
06/16/93 Signed By Governor
06/16/93 Effective date 06/16/93
06/16/93 See act for exception to or explanation of
effective date
07/19/93 Copies available
(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. |