Current through Vol. 41, No. 13, March 15, 2024
(a)
Permits
required. No person, firm, corporation, association or other entity
shall engage in the manufacturing, assembling, fabrication, installing or
selling of any system, container, or apparatus to be used in this State in or
for the transportation, storing, dispensing, or utilization of LPG, nor shall
any transporter, distributor, or retailer of LPG store, dispense and/or
transport over the highways of this State any LPG for use in this State in any
system, container, apparatus or appliance without having first obtained a
permit to do so as provided in this section.
(b)
Permit classifications. The
permits required for engaging in business shall be divided into the following
classifications:
(1)
Class I - Dealer
permit. The Class I Dealer Permit permits the holder to engage in any
phase of the LP Gas business. A Class X Manager's permit must be secured for
the person actually in charge of an LP Gas operation at each separate branch or
base of operation of a Class I permit holder. The initial permit fee for a
Class I is One Thousand Dollars ($1,000.00) The annual renewal fee required to
be paid for the Class I permit is Five Hundred Dollars ($500.00).
(A) Class I holder can go on inactive status,
but will have to meet all the requirements of the permit, including paying the
annual renewal fee, and having proper insurance requirements filed with the
Administrator, before going back on active status. If requirements are not met
the permit will then be revoked. The annual renewal fee required to be paid for
a Class I permit holder on inactive status is Four Hundred Dollars
($400.00).
(B) Applicant must
furnish to the Board, evidence of the following insurance:
(i) A minimum of $1,000,000.00 general
liability insurance, as per OAC
420:10-1-18;
(ii) Worker's Compensation insurance shall be
required as per state requirements;
(iii) Motor vehicle insurance must meet State
and Federal requirements.
(C) Brokers/wholesalers selling LP Gas to
anyone other than Class I permit holders or refinery/gas processing type
facilities shall obtain a Class I permit and meet the requirements thereof,
except for minimum storage and metering, when said sales are by transport
bulkhead to bulkhead.
(D) Before
testing for a Class I permit, an applicant must meet the following requirements
as approved by the Board:
(i) Five (5) years
experience as an active Class X Manager or equivalent; and
(ii) Forty (40) hours of specified
training.
(E) Prior to
application or renewal of any Class I Permit, the applicant or holder shall
provide the Administration as part of this application or renewal a complete
list of facilities and each delivery location, including the name of facility,
street address of facility, name of contact person, and contact information of
said facility, to which Un-Odorized LP Gas is being delivered. Sales and
deliveries of Un-Odorized LP Gas shall only be made to facilities in Oklahoma
that are properly permitted by this Administration.
(2)
Class II - Truck Transporter
permit. The Class II Transporter Permit permits the holder to transport
LP Gas as a common carrier or private carrier to another of the following: a
person, firm, or corporation engaged in the production or manufacture of LP Gas
and/or selling or reselling LP Gas to transporters, industrial consumers,
processors, distributors, retailers, and/or to holders of Class I, III, or VI
permits. A Class II permit shall not authorize the resale of LP Gas to an
end-user. A Class II permit shall not be a substitute where a Class I is
needed. A transport must meet all CFR 49 requirements. The initial permit fee
for a Class II is One Thousand Dollars ($1,000.00). The annual fee for a Class
II permit is Four Hundred Dollars ($400.00). All LP Gas transport drivers
employed by a Class II permit holder are required to obtain a fuel handlers
card. The annual filing fee for a fuel handlers card is Ten Dollars
($10.00).
(3)
Class III - DOT
Cylinder Transporter Permit.
(A) The
Class III DOT Cylinder Transporter Permit permits the holder to operate a LP
Gas cylinder sale or delivery service for LP Gas in accordance with all other
rules and regulations and NFPA Pamphlets 54 and 58. A Class III DOT Cylinder
Transporter Permit holder shall obtain LP Gas for sale or delivery from a
lawfully-permitted Class I dealer.
(B) The Class III DOT Cylinder Transporter
Permit for Un-Odorized LP Gas Endorsement. A separate endorsement to a Class
III permit is required, if applicable, and in addition to the Class III DOT
Cylinder Transporter Permit, and allows the holder to operate a DOT cylinder
sale or delivery service for un-odorized LP Gas in accordance with all other
rules and regulations, NFPA Pamphlets 54 and 58, and the following:
(i) Pursuant to this Endorsement, un-odorized
LP Gas shall be sold or delivered in approved DOT cylinders only.
(ii) All deliveries shall be made in
appropriately marked and placarded vehicles.
(iii) Delivery vehicles shall be operated by
licensed personnel holding appropriate certificates and qualifications for the
safe handling of LP Gas.
(iv) Prior
to application or renewal of any Class III DOT Cylinder Transporter Permit for
Un-Odorized LP Gas Endorsement, the applicant or holder shall provide the
Administration as part of this application or renewal a complete list of
facilities and each delivery location, including the name of facility, street
address of facility, name of contact person and contact information of said
facility, and the name and location of the Class I permit dealer supplying the
Un-Odorized LP Gas to the permit holder.
(v) Sales and deliveries of Un-Odorized LP
Gas made pursuant to this Endorsement shall only be made to facilities in
Oklahoma that are properly permitted by this Administration.
(C) The Bulk Delivery Class III A
Endorsement. The separate Class III A Bulk Delivery Endorsement to the Class
III permit is required if applicable and shall permit the holder to invoice the
end user for bulk delivery of odorized LP Gas to the facility of the end user
only when the LP Gas is delivered to that location by a Class I permit
holder.
(D) The annual fee for a
Class III permit is $300. The annual fee for the Un-Odorized LP Gas Endorsement
is $300. The annual fee for the Bulk Delivery Endorsement is $300.
(E) All DOT cylinder transport drivers
employed by a Class III permit holder are required to obtain a fuel handlers
card. The annual filing fee for a fuel handlers card is Ten Dollars
($10.00).
(4)
Class
IV - Installer permit.
(A) The Class
IV Installer Permit permits the holder to install and service LP Gas systems,
appliances, and other LP Gas equipment. The applicant is required to have
immediate supervision for two (2) weeks with a Class IV, IV-D, Class X, or a
person licensed by Oklahoma Construction Industries Board with a Mechanical
License, and then shall be required to pass a written examination for each
separate endorsement. The endorsements will be as follows:
(i) LP, Low Pressure systems covered by NFPA
54;
(ii) HP, High Pressure systems
covered by NFPA 58;
(iii) RV,
Recreational Vehicle systems covered by NFPA 1192;
(iv) MC, Meter Calibration systems covered by
NIST Handbook 44;
(v) TI, Truck
Inspections and Piping covered by NFPA 58 and CFR 49;
(vi) DO, Dispenser Operator for Class IV
permit holders that also dispense propane.
(B) Exception from two (2) week training
period would be anyone already licensed by Oklahoma Construction Industries
Board with a Mechanical License. If the supervising person determines that the
new applicant is properly trained, proper documentation of the training is on
file, and a Class IV application has been forwarded to the LP Gas
Administration, the applicant at that time may begin performing the duties of a
Class IV permit holder until such time as the test is administered and the
permit issued. This time shall not exceed thirty (30) days or the applicant
shall cease to perform these duties. Current Class IV's, as of September 1,
1994, are not required to take a written exam. Upon renewal, endorsements will
be based on services provided as authorized by the Administrator. The annual
fee for a Class IV permit with one (1) endorsement is Seventy Dollars ($70.00).
Each additional endorsement is Ten Dollars ($10.00).
(C) Class IV permit does not permit the
holder to install or service LP-Gas carburetion systems.
(D) Any installer not under the personal and
direct supervision of a Class X holder at the immediate time and location of
installation shall be required to have a Class IV or IV-D permit.
(5)
Class IV-D -
Driver/Installer Permit.
(A) The Class
IV-D Driver/Installer Permit permits the holder to deliver LP Gas by bobtail
and install and service LP Gas systems, appliance, and other LP Gas equipment.
Class IV-D permit can only be issued under a Class I permit. New applicants
must be under immediate supervision from a current Class IV-D, or Class X while
in a minimum of a two (2) week training period before testing. Permit holder
shall be required to pass a written examination. The tests shall be given
according to current policies of the LP Gas Administration. If the supervising
Class X determines that the new applicant is properly trained, proper
documentation of the training is on file, and a Class IV-D application has been
forwarded to the LP Gas Administration, the applicant at that time may begin
performing the duties of a Class IV-D permit holder until such time as the test
is administered and the permit issued. This time shall not exceed thirty (30)
days or the applicant shall cease to perform these duties. Current Class IV
permit holders, as of September 1, 1994, properly trained in delivery of LP Gas
will not be required to take the test and will be issued a IV-D permit. The
annual fee for a Class IV-D is Fifty Dollars ($50.00).
(B) Class IV-D permit does not permit the
holder to install or service LP Gas carburetion systems.
(C) Any installer not under the personal and
direct supervision of a Class X holder at the immediate time and location of
installation shall be required to have a Class IV or IV-D permit.
(6)
Class VI - DOT Cylinder
&/or LP Gas Motor Fuel Station Operator Permit.
(A) The Class VI DOT Cylinder and/or LP Gas
Motor Fuel Station Operator Permit permits the holder to operate DOT cylinder
dispensing station and/or a motor fuel dispenser for public resale. Said Permit
must be prominently displayed for public and official inspection at all times.
A permit is required for each DOT cylinder dispensing station and/or motor fuel
station. The endorsements will be as follows:
(i) AAG, This Attended Autogas "AAG"
endorsement permits the holder to operate LP Gas dispenser stations that fill
DOT cylinders and/or Attended LP Gas motor fuel refueling dispensers for
resale.
(ii) UAG, This Unattended
Autogas "UAG" endorsement permits the holder to operate Unattended self-service
LP Gas motor fuel dispenser stations; however, these installations require more
stringent regulations than those that are attended. In addition to the
requirements in this section, the permit holder shall be required to install
equipment that meets or exceeds the minimum installation and performance
standards described in OAC
420:10-1-14(b)(26).
For the purpose of defraying the cost and expenses of administering and
enforcing this rule, persons, firms and corporations shall pay at the time of
initial inspection a fee of Three Hundred Dollars ($300.00) for each unattended
LP Gas motor fuel dispenser station. Thereafter, the annual inspection fee is
One Hundred Fifty Dollars ($150.00) for each unattended LP Gas motor fuel
dispenser station.
(B)
Permit holder must comply with reasonable training requirements of the Class I
and Class X manager of the LP Gas provider ensuring that all employees
dispensing LP Gas at each location of permit holder are trained and permitted
by this agency including notification to the Class X manager whenever training
is necessary for new and/or unpermitted employees. Class VI locations may not
become operational until a permit has been issued. A Class VI-A LP Gas
Dispensing permit must be secured for the person actually in charge of an LP
Gas dispensing operation of a Class VI permit holder. A permit will not be
issued until the proper fee has been paid and certificate of insurance is
received by the LP Gas Administration. The annual fee for a Class VI permit is
One Hundred Fifty Dollars ($150.00).
(7)
Class VI-A - LP Gas Dispensing
Permit. All employees involved in dispensing LP Gas must acquire a Class
VI-A permit, except a Class IV, Class IV-D, and Class X. A Class VI-A LP Gas
Dispensing permit is required for a person actively in charge of or engaged in
LP Gas dispensing operations for the holder of a Class VI permit. All Class
VI-A permit holders must be an employee of said Class VI permit holder. Class
VI-A applicants must be properly trained by a Class X or at a Board-approved
training class on proper filling of ASME tanks and DOT cylinders, and
inspection thereof per NFPA 58. Applicants shall be required to pass an
approved written examination. Test shall be administered by a Safety Code
Enforcement Officer, or by Class X manager. In either case, the test fee for
the Class VI-A permit is Ten Dollars ($10.00). Holder must post permit at the
facility they are employed by and attend a Board-approved annual safety school
once every year. This does not prohibit any person, firm or corporation from
filling his own equipment from his own supply line, or dispensing motor fuel
from an approved limited access self-service dispenser. The annual fee for a
Class VI-A permit is Thirty-Five Dollars ($35.00).
(8)
Class VII - Cylinder Exchange
Program Permit. The Class VII Cylinder Exchange Program Permit permits
the holder to participate in the cylinder exchange program for odorized LP Gas
only. A permit is required for each cylinder exchange location. Class VII
locations may not become operational until a permit has been issued. Permits
will not be issued until the proper fee has been paid and certificate of
insurance is received by the LP Gas Administration. The annual fee for a Class
VII permit is Fifty Dollars ($50.00).A Class VII Cylinder Exchange Program
Permit holder shall obtain LP Gas for its cylinder exchange from a
lawfully-permitted Class I dealer.
(9)
Class VIII - Un-Odorized LPG
Permit. Facilities obtaining un-odorized LP Gas in approved DOT
cylinders or otherwise for use must obtain an Un-Odorized LPG Permit. To obtain
a permit, detailed plans describing such use and location of cylinder storage,
and any and all LP Gas plumbing in said facility must be submitted in writing
and approved for any facility using un-odorized LP Gas in any manner. These
plans must be submitted to the Administration Office along with the proper fee,
and a successful on-site inspection must be performed by a Safety Code
Enforcement Officer prior to final approval and before the introduction of LP
Gas into the system. A plan review fee of One Hundred Dollars ($100.00) must
accompany all plans submitted. The fee for inspection is One Hundred Dollars
($100.00), and it will be assessed for each and every inspection, including,
but not limited to, failed inspections, annual re-inspections and any other
re-inspection needed to check that identified hazards have been corrected. The
annual fee for the Un-Odorized LPG Permit is Five Hundred Dollars
($500.00).
(10)
Class IX - LP
Gas Container Sales Permit. The Class IX Gas Container Sales Permit
permits the holder to manufacture and/or sell LP Gas containers. This permit is
required by both wholesalers and retailer. The annual fee for a Class IX permit
is Seventy Dollars ($70.00).
(11)
Class IX-A - Manufactured Homes and Recreation Sales Permit.
(A) The Class IX-A Manufactured Homes and
Recreation Sales Permit permits the holder to manufacture, fabricate and sell
all LP Gas facilities or systems used in manufactured homes, campers,
recreational vehicles and portable buildings whether such LP Gas system is
manufactured, fabricated or sold separately or as an integral part of such
trailer, camper, recreational vehicle or portable building. The annual fee for
a Class IX-A is Seventy Dollars ($70.00).
(B) This shall not be construed to require a
permit for a sale by the owner of a manufactured home or recreational vehicle
who is not engaged in such business on a commercial basis and does not make
over two such sales in one year.
(12)
Class X - Manager's Permit.
(A) A Class X Manager's permit is required
for a person actively in charge of LP Gas operation for holder of Class I
permit and at each separate branch or base of operation of a Class I permit.
All Class X holders must be a full-time employee of said Class I holder. The
annual fee for a Class X permit is One Hundred Fifty Dollars
($150.00).
(B) Before testing for a
Class X permit, an applicant must meet the following requirements as approved
by the Board:
(i) Hold an active Class IV or
Class IV-D permit and employed under an active Class I Dealer for a minimum of
three (3) years or equivalent; and
(ii) One (1) year of the minimum three (3)
years required experience can be satisfied with forty (40) hours of specified
training.
(C) Temporary
exemptions for emergency conditions can be granted by the
Administrator.
(13)
Additional permits required for employees of Class I dealers.
Class IV, IV-D, VI-A, and X permits are the only additional permits that may be
required for the employees of a Class I dealer, or as may be required by future
Board action.
(14)
LP Gas
Trailer, Bobtail or Cargo Tank inspections. For the purpose of defraying
the cost and expenses of administering and enforcing this act, persons, firms
and corporations shall also pay at the time of inspection an annual inspection
fee of One Hundred Fifty Dollars ($150.00) for each LP Gas bobtail, MC 330 or
MC 331 trailer or cargo tank that transports LP Gas in this State. All
requirements imposed subsequent to these inspections must be met within thirty
(30) days of the initial inspection. Failure to comply will necessitate a
re-inspection at a charge of One Hundred Fifty Dollars ($150.00) for each
inspection. The inspection fee shall increase to Three Hundred Dollars
($300.00) for each LP Gas bobtail, MC 330 or MC 331 trailer or cargo tank that
transports LP Gas in this State if said LP Gas bobtail, MC 330 or MC 331
trailer or cargo tank is not initially inspected within sixty (60) days
following the current permit expiration date, or if requirements imposed
subsequent to the initial inspection are not completed within sixty (60) days
of the initial inspection, whichever is later, or at the discretion of the
Administrator.
(15)
Containers or cylinders. There is hereby levied the following fee,
to be paid to the Administrator, upon all first sales, purchases, rentals or
uses in this state of liquefied petroleum gas containers or cylinders; on all
Department of Transportation (DOT) cylinders, vehicle fuel containers, a fee of
Three Dollars ($3.00) each, and on all other containers, a fee of Ten Dollars
($10.00) each.
Amended at 10 Ok Reg 4081,
eff 7-26-931; Amended at 12 Ok Reg 2819, eff
7-13-95; Amended at 14 Ok Reg 3175, eff 7-25-97; Amended at 16 Ok Reg 3336, eff
7-26-99; Amended at 17 Ok Reg 3159, eff 7-27-00; Amended at 19 Ok Reg 2674, eff
7-11-02; Amended at 20 Ok Reg 2667, eff 7-25-03; Amended at 21 Ok Reg 2649, eff
6-26-03 (emergency); Amended at 21 Ok Reg 2812, eff 7-11-04; Amended at 22 Ok
Reg 2599, eff 7-11-05; Amended at 26 Ok Reg 2567, eff 7-11-09; Amended at 28 Ok
Reg 2017, eff 7-11-11
1The agency published Agency
Notes at 10 Ok Reg 4083 and 4084 and 11 Ok Reg 849 to identify language in this
7-26-93 action that was not consistent with the controlling
statute.