2013 Kentucky Revised Statutes CHAPTER 234 - LIQUEFIED PETROLEUM GAS AND OTHER FLAMMABLE LIQUIDS 234.120 License and minimum liability insurance requirements -- Fees -- More than one place of business -- Proof of financial responsibility -- License suspension or revocation.
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234.120 License and minimum liability insurance requirements -- Fees -- More
than one place of business -- Proof of financial responsibility -- License
suspension or revocation.
(1)
Subject to the exceptions provided in subsection (2), no person shall engage in
any of the businesses set out in this subsection without first having provided
proof to the commissioner of ability to respond in damages for personal injury
and property damages in the amount prescribed, and having obtained from the
commissioner the required license or licenses and paid the prescribed fee
therefor:
(a) Selling or delivering to the ultimate consumer or user of liquefied
petroleum gas; selling liquefied petroleum gas regulating equipment;
repairing, installing, or connecting of containers, liquefied petroleum gas
appliances, or liquefied petroleum gas utilization equipment; or filling of
D.O.T. liquefied petroleum gas containers for ultimate consumer or
wholesale dealer. In-state liquefied petroleum gas dealers, except those
holding a valid license on July 15, 1994, shall maintain a liquefied
petroleum gas storage facility with an eighteen thousand (18,000) gallon
minimum capacity within the boundaries of Kentucky. Out-of-state
liquefied petroleum gas dealers, except those holding a valid license on
July 15, 1994, shall maintain an eighteen thousand (18,000) gallon
minimum capacity liquefied petroleum gas storage facility within fifty (50)
miles of the Kentucky border. Until January 1, 2002, the fee for this
license shall be one hundred dollars ($100). Beginning on January 1,
2002, the fee for this license shall be two hundred dollars ($200), and the
license shall be issued for a period of two (2) years. The minimum liability
insurance for this license shall be one million dollars ($1,000,000).
(b) Selling or delivering liquefied petroleum gas in prefilled or filled-on-site
containers of one hundred (100) pound liquefied petroleum gas capacity
or less; selling of liquefied petroleum gas regulating equipment; assembly,
repairing, installing, or connecting of liquefied petroleum gas containers,
liquefied petroleum gas appliances, or any liquefied petroleum gas
utilization equipment. Until January 1, 2002, the fee for this license shall
be fifty dollars ($50). Beginning on January 1, 2002, the fee for this
license shall be one hundred dollars ($100), and the license shall be
issued for a period of two (2) years. The minimum liability insurance for
this license shall be five hundred thousand dollars ($500,000).
(c) Selling or filling of D.O.T. liquefied petroleum gas containers of forty-five
(45) pounds or less capacity, or selling liquefied petroleum gas at a
specific site for use as a motor vehicle fuel. Until January 1, 2002, the fee
for this license shall be fifty dollars ($50). Beginning on January 1, 2002,
the fee for this license shall be one hundred dollars ($100), and the
license shall be issued for a period of two (2) years. The minimum liability
insurance for this license shall be five hundred thousand dollars
($500,000).
(d) Storing, for resale, liquefied petroleum gas in D.O.T. containers of
forty-five (45) pounds or less capacity, or selling D.O.T. containers,
storage cabinets, racks, docks, for storage of forty-five (45) pound
(2)
(3)
capacity or less. Until January 1, 2001, the fee for this license shall be
twenty-five dollars ($25). Beginning on January 1, 2001, the fee for this
license shall be fifty dollars ($50), and the license shall be issued for a
period of two (2) years. The minimum liability insurance for this license
shall be one hundred thousand dollars ($100,000).
(e) Assembling, repairing, installing, or connecting of liquefied petroleum gas
containers, or regulating equipment, or liquefied petroleum gas
appliances, or any liquefied petroleum gas utilization equipment. Until
January 1, 2001, the fee for this license shall be twenty-five dollars ($25).
Beginning on January 1, 2001, the fee for this license shall be fifty dollars
($50), and the license shall be issued for a period of two (2) years. The
minimum liability insurance for this license shall be five hundred thousand
dollars ($500,000).
Any person engaged in any business for which a license is required under the
provisions of subsection (1) and who engages in the business at more than
one (1) office or place of business in this state shall obtain a separate license
for each such office or place of business and shall pay therefor the required
license fee; except that for the purposes of issuance of licenses under
subsection (1) all facilities for the storage only of liquefied petroleum gas for
resale within a radius of twenty (20) miles of an office or place of business shall
be considered a part of the office or place of business and shall not require
separate licensure.
The commissioner shall further have the authority to promulgate and enforce
reasonable administrative regulations requiring proof of ability to respond in
damages for personal injury and property damages in the minimum amounts
required under the provisions of subsection (1), prior to the issuance of a
license. The commissioner shall also have authority to suspend or revoke any
license issued under this section for willful or gross negligence or for violation
of any applicable administrative regulations promulgated under KRS 227.300,
but any licensee whose license is suspended or revoked shall be afforded the
opportunity for an administrative hearing conducted in accordance with KRS
Chapter 13B.
Effective:July 15, 2010
History: Amended 2010 Ky. Acts ch. 24, sec. 496, effective July 15, 2010. -Amended 2000 Ky. Acts ch. 153, sec. 1, effective July 14, 2000. -- Amended
1996 Ky. Acts ch. 318, sec. 153, effective July 15, 1996. -- Amended 1994 Ky.
Acts ch. 153, sec. 1, effective July 15, 1994. -- Amended 1960 Ky. Acts ch. 138,
sec. 3, effective June 16, 1960. -- Created 1952 Ky. Acts ch. 25, sec. 3.
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