2013 Kentucky Revised Statutes CHAPTER 234 - LIQUEFIED PETROLEUM GAS AND OTHER FLAMMABLE LIQUIDS 234.175 Certification of equipment installation -- Compliance with administrative regulations and manufacturer's instructions -- Immunity from liability -- Exception.
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234.175 Certification of equipment installation -- Compliance with
administrative regulations and manufacturer's instructions -- Immunity
from liability -- Exception.
(1)
(2)
(3)
(4)
(5)
(6)
Domestic and commercial gas-consuming equipment and appliances shall not
be installed unless their correctness as to design, construction, and
performance is certified by:
(a) A nationally recognized testing agency adequately equipped and
competent to perform such services evidenced by the attachment of its
seal or label to such gas appliances. This agency shall be one which
maintains a program of national inspection of production models of gas
appliances, at least once each year on the manufacturer's premises;
(b) By the American Gas Association Laboratories, as evidenced by the
attachment of its listing symbol or approval seal to gas appliances and a
certificate or letter certifying approval under the above-mentioned
requirements, or listing by Underwriters' Laboratories, Inc., shall be
considered as constituting compliance with the provisions of this section,
providing, that the manufacturer has approval and certification of same
from the Department of Housing, Buildings and Construction.
Equipment not subject to A.G.A. or laboratory inspection must have approval of
the Department of Housing, Buildings and Construction.
A person shall not install gas-consuming appliances, equipment, or other
components of a gas delivery system unless the installation is made in
accordance with the instructions of the manufacturer of the appliance,
equipment, or component and in compliance with the applicable administrative
regulations promulgated by the Department of Housing, Buildings and
Construction.
A person shall not alter, modify, maintain, or repair gas-consuming appliances,
equipment, or other components of a gas delivery system unless the alteration,
modification, maintenance, or repair is made in accordance with the
instructions of the manufacturer of the appliance, equipment, or component
and in compliance with the applicable administrative regulations promulgated
by the Department of Housing, Buildings and Construction.
A person licensed under this chapter or an agent or employee of the person
shall not be liable for civil damages for injury to persons or property that result
from the installation, alteration, modification, maintenance, or repair of a
gas-consuming appliance, equipment, or component by a person other than
the licensee or the licensee's agent or employee.
(a) Except as provided in paragraph (b) of this subsection, a person licensed
under this chapter or the licensee's agent or employee who provides gas
to an end user shall not be liable for civil damages for injury to persons or
property that result from the installation, alteration, modification,
maintenance, or repair of the gas-consuming appliance, equipment, or
component if the installation, alteration, modification, maintenance, or
repair is done without the actual knowledge and consent of the licensee
or the licensee's agent or employee.
(b) A person licensed under this chapter or his or her agent or employee
shall not be exempt from liability for civil damages under paragraph (a) of
this subsection if the person or his or her agent or employee is negligent
or acts intentionally, and the negligence or intentional act causes or
partially causes injury or damage.
Effective:July 15, 2010
History: Amended 2010 Ky. Acts ch. 24, sec. 501, effective July 15, 2010. -Amended 2005 Ky. Acts ch. 148, sec. 1, effective June 20, 2005. -- Amended
1978 Ky. Acts ch. 117, sec. 29, effective July 1, 1978. -- Amended 1974 Ky.
Acts ch. 74, Art. V, sec. 20. -- Created 1960 Ky. Acts ch. 138, sec. 8, effective
June 16, 1960.
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