Section 305.73. Liquefied gas suppliers.

 

(1)   General.

(a) Pursuant to s. 101.16 (3g) (a) , Stats., as of August 1, 2009, no person may engage in the business of filling containers with liquefied petroleum gas that is intended to be used directly from the containers as fuel, unless the person holds a license issued by the department as a licensed liquefied gas supplier or liquefied gas supplier — restricted, except as provided under either of the following conditions:

1. The business is engaged in only filling containers that have a water capacity of less than 4 pounds.

2. The filling of the containers with liquefied petroleum gas is for the person's or the entity's own use.

(b) A person who holds a license as a licensed liquefied gas supplier — restricted shall be limited to filling only department of transportation cylinders with liquefied petroleum gas.

(2)   Application for license. A person applying for a liquefied gas supplier or a liquefied gas supplier — restricted license shall submit all of the following:

(a) An application in accordance with s. SPS 305.01 .

(b) An application fee and a license fee in accordance with s. SPS 305.02 , Table 305.02.

(3)   Qualifications for license.

(a) A person applying for either a liquefied gas supplier or a liquefied gas supplier — restricted license shall provide proof of financial responsibility as required under s. 101.16 (3r) (c) , Stats.

(b) The person applying for either a liquefied gas supplier or a liquefied gas supplier — restricted license shall be the owner of the contracting business, a partner in the contracting business applying on behalf of a partnership, or the chairman of the board or chief executive officer applying on behalf of the contracting corporation.

(4)   Responsibilities.

(a) A person who holds either a liquefied gas supplier or a liquefied gas supplier — restricted license shall maintain proof of financial responsibility in accordance with s. 101.16 (3r) (a) or (b) , Stats.

(b) Pursuant to s. 101.16 (3r) (g) , Stats., a person who holds either a liquefied gas supplier or a liquefied gas supplier — restricted license shall notify the department at least 60 days before cancelling or failing to renew a surety bond, letter of credit or general liability insurance as proof of financial responsibility.

(c) Pursuant to s. 101.16 (4) (c) , Stats., a person who holds either a liquefied gas supplier or a liquefied gas supplier — restricted license and fills a container that is part of a propane gas system shall provide written information notices to customers in accordance with s. 101.16 (4) (c) , Stats.

(5)   Renewal.

(a) A person may renew his or her liquefied gas supplier or liquefied gas supplier — restricted license.

(b) A liquefied gas supplier or a liquefied gas supplier — restricted license shall be renewed in accordance with s. SPS 305.07 .

CR 08-092 : cr. Register May 2009 No. 641 , eff. 6-1-09; correction in (2) (a), (b), (5) (b) made under s. 13.92 (4) (b) 7. , Stats., Register December 2011 No. 672 .

Note

Under s. 101.16 (1) (c) , Stats., a “department of transportation cylinder" means a container that holds liquefied petroleum gas and that meets the specifications established by the federal department of transportation. Microsoft Windows NT 6.1.7601 Service Pack 1 Section 101.16 (3r) (c) , Stats., requires any one of the following to prove financial responsibility: Microsoft Windows NT 6.1.7601 Service Pack 1 1. A surety bond that is issued by a surety company that is listed as an acceptable surety for federal bonds on the date that the surety bond is obtained in the most recently published U.S. department of the treasury's circular 570. Microsoft Windows NT 6.1.7601 Service Pack 1 2. An irrevocable letter of credit that is issued by a financial institution that is authorized to do business in this state or that is federally chartered. The letter of credit shall be for an initial period of at least one year. Microsoft Windows NT 6.1.7601 Service Pack 1 3. Commercial general liability insurance as an endorsement to an existing policy or as a separate policy from an insurer, or a risk retention group, that is licensed to transact the business of insurance in this state or that is eligible to provide insurance as a surplus lines insurer in one or more states. Microsoft Windows NT 6.1.7601 Service Pack 1 Section 101.16 (3r) (a) and (b) , Stats., reads as follows: Microsoft Windows NT 6.1.7601 Service Pack 1 (a) Except as provided in par. (b), a retail supplier (a licensed liquefied gas supplier or a liquefied gas supplier – restricted) shall maintain proof of financial responsibility in the amount of $1,000,000 per occurrence with an annual aggregate of $2,000,000 for compensating 3 rd parties for bodily injury and property damages for incidents associated with the release of liquefied petroleum gas. Microsoft Windows NT 6.1.7601 Service Pack 1 (b) A retail supplier (a licensed liquefied gas supplier or a liquefied gas supplier – restricted) who only fills department of transportation cylinders or who only fills containers for engine and recreational vehicle fueling systems shall maintain proof of financial responsibility in the amount of $500,000 per occurrence with an annual aggregate of $1,000,000 for compensating 3 rd parties for bodily injury and property damages for incidents associated with the release of liquefied petroleum gas. Microsoft Windows NT 6.1.7601 Service Pack 1 Section 101.16 (3r) (f) , Stats., requires a 3 rd party that issues a surety bond, letter of credit, or general liability insurance to a retail supplier for purposed of this subsection shall provide written notice to the retail supplier and to the department at least 60 days before canceling, revoking, suspending, or failing to renew the bond, letter or insurance. Microsoft Windows NT 6.1.7601 Service Pack 1 Section 101.16 (4) (c) , Stats., reads: Each retail supplier filling a container that is part of a propane gas system shall provide written notice to each custom subject to par. (b) of the customer's duty under par. (b) before the retail supplier's first delivery of propane gas to that customer and shall provide subsequent notices on an annual basis. The notice shall include all of the following information concerning the duty to notify under par. (b): Microsoft Windows NT 6.1.7601 Service Pack 1 1. The name, address, and telephone number of the retail supplier. Microsoft Windows NT 6.1.7601 Service Pack 1 2. The purpose of giving the notification to the retail supplier. Microsoft Windows NT 6.1.7601 Service Pack 1 3. A description of the type of propane gas system that is subject to the notification requirement. Microsoft Windows NT 6.1.7601 Service Pack 1 4. A description of the types of activities that constitute a replacement, modification, repair, or servicing of a propane system. Microsoft Windows NT 6.1.7601 Service Pack 15. A copy of the provisions under s. 101.16 (4) (b) . Microsoft Windows NT 6.1.7601 Service Pack 1 Section 101.16 (4) (a) , Stats., The person performing the work of installing equipment utilizing liquefied petroleum gas for fuel purposes shall furnish the user of the equipment a statement, the form of which shall be prescribed by the department showing the design, construction, location, and installation of the equipment conforms with the rules promulgated by the department under this section. Microsoft Windows NT 6.1.7601 Service Pack 1