101.16 Liquefied petroleum gas.

1,329 words·~6 min read·/wi/chapter-101/101-16

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(1)Definitions. In this section:

(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.

(b)“Liquefied petroleum gas” means any material which is composed predominantly of, or any mixtures of, any of the following hydrocarbons including their isomers:

1. Propane.

2. Propylene.

3. Butane.

4. Butylene.

(c)“Propane gas system” means an assembly consisting of one or more containers that has a total water capacity of at least 100 gallons and a means of conveying propane gas from the container or containers to a point of connection with devices used to consume the propane gas. A “propane gas system” includes all piping and other components associated with the assembly that are used to control the quantity, flow, pressure, and physical state of the propane gas.

(d)“Retailer” means a person engaged in the business of filling containers that have a water capacity of at least 4 pounds with liquefied petroleum gas that is intended to be used directly from the containers as fuel. “Retailer” does not include a person who fills such containers with liquefied petroleum gas for the person’s own use.

(2)Rules.

(a)Except as provided in par.

(b), the department shall promulgate rules to ascertain, fix, and order such reasonable standards, rules, or regulations for the design, construction, location, installation, operation, repair, and maintenance of equipment for storage, handling, use, and transportation by tank truck or tank trailer, of liquefied petroleum gases for fuel purposes, and for the odorization of said gases used therewith, as shall render such equipment safe.

1. The department may not promulgate a rule that prohibits self-service dispensing by the general public of compressed natural gas or liquefied petroleum gases into an individual vehicle fuel tank.

2. The department may not promulgate a rule that requires completion of training to self-service dispense compressed natural gas or liquefied petroleum gases into an individual vehicle fuel tank.

(c)The department shall promulgate rules ensuring that safety requirements under this section and federal law are satisfied during self-service dispensing by the general public of compressed natural gas and liquefied petroleum gases and rules establishing requirements for the signage required under sub.

(d).

(3)Filling, evacuating, and use of containers.

(a)Except as provided in par.

(b), no person, other than the owner of a liquefied petroleum gas container or a person authorized by the owner, may fill, refill, evacuate, or use in any other manner the container for any purpose.

(b)A retailer may evacuate a liquefied petroleum gas container not under the retailer’s ownership in order to transfer the remaining liquefied petroleum gas that is in the container into a container that is under the retailer’s ownership.

(3g)License required. No retailer may distribute liquefied petroleum gas without holding a license issued by the department. The department, subject to ss. 440.12 and 440.13 , shall issue a license to be a retailer upon receiving the fee established under s. 101.19

(L)or

(1m)and upon the retailer’s obtaining commercial general liability insurance as required under sub.

(c). The department shall set the term of the license, not to exceed 2 years.

(3r)Commercial general liability insurance.

(a)Except as provided in par.

(b), a retailer shall maintain commercial general liability insurance in the amount of $1,000,000 per occurrence with an annual aggregate of $2,000,000 for compensating 3rd parties for bodily injury and property damages for incidents associated with the release of liquefied petroleum gas.

(b)A retailer who only fills department of transportation cylinders or who only fills containers for engine and recreational vehicle fueling systems shall maintain commercial general liability insurance in the amount of $500,000 per occurrence with an annual aggregate of $1,000,000 for compensating 3rd parties for bodily injury and property damages for incidents associated with the release of liquefied petroleum gas.

(c)A retailer may meet the insurance requirement under par.

(a)or

(b)by obtaining 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.

(d)A retailer who fails to maintain commercial general liability insurance as required under par.

(a)or

(b)may not distribute liquefied petroleum gas at retail until the insurance is obtained.

(e)Each retailer shall file with the department proof of commercial general liability insurance coverage as required under this subsection. The department shall maintain a list on the department’s Internet site that contains the names of each retailer licensed under this section and the status of the retailer’s commercial general liability insurance coverage.

(f)A 3rd party that issues commercial general liability insurance to a retailer for purposes of this subsection shall provide written notice to the retailer and to the department at least 60 days before canceling, revoking, suspending, or failing to renew the insurance.

(g)A retailer who cancels or fails to renew commercial general liability insurance shall notify the department at least 60 days before cancelling or failing to renew the insurance. Upon receipt of the notice, the department shall revoke the retailer’s license issued under sub.

(3g).

(4)Requirements to provide information.

(a)The person actually 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 that the design, construction, location, and installation of the equipment conforms with the rules promulgated by the department under this section.

1. A person who owns, leases, or uses a propane gas system and who is a customer of a retailer shall notify the retailer of propane gas for the propane gas system of any interruption in the operation of the propane gas system due to the replacement, modification, repair, or servicing of the propane gas system by any person other than the retailer. The customer shall provide the notice at least 7 days in advance of the interruption in the operation of the propane gas system, except as provided in subd. 2.

The retailer, or the person replacing, modifying, repairing, or servicing the propane gas system, shall perform a check for leaks or other defects in the propane gas system before placing the propane gas system back into operation in the manner required by rule.

2. If the interruption of a propane gas system subject to subd. 1. is due to emergency repair or servicing, the customer shall provide the notice to the retailer as soon as possible and no later than 24 hours after the repair or servicing is completed.

(c)Each retailer filling a container that is part of a propane gas system shall provide written notice to each customer subject to par.

(b)of the customer’s duty under par.

(b)before the retailer’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):

1. The name, address, and telephone number of the retailer.

2. The purpose of giving the notification to the retailer.

3. A description of the type of propane gas system that is subject to the notification requirement.

4. A description of the types of activities that constitute a replacement, modification, repair, or servicing of a propane gas system.

5. A copy of the provisions under par.

(b).

(d)A person who owns a device used for self-service dispensing of compressed natural gas or liquefied petroleum gases shall display signage that provides step-by-step directions for fueling a vehicle and that advises users of safety requirements for fueling under state and federal law.

(5)Penalties.