Ga. Comp. R. & Regs. R. 120-3-16-.03 - Licenses; Fees and other Requirements
(1) Except as provided herein, no person
shall manufacture, distribute, sell or store for sale or transportation,
liquefied petroleum gas without a license issued by the Safety Fire Division in
accordance with this Chapter.
(2)
Only Georgia dealers or owners with a valid license issued by the Safety Fire
Division in accordance with this Chapter shall introduce liquefied petroleum
gas into a container at any location in the state for storage or dispensing of
liquefied petroleum for sale or transportation.
(3) The required one-time license fee
pursuant to O.C.G.A. Section
25-2-4.1 shall be submitted with
the license application and shall be payable to the Safety Fire
Commissioner.
(4) No license shall
be required for:
(a) The sale or storage of
liquefied petroleum gas in containers meeting DOT specifications and having a
maximum water capacity of two and one half (2.5) pounds, such as those used
with self-contained hand torches, camp stoves, and similar
appliances.
(b) Cylinder exchange
and dispensing operations conducted by licensed Georgia Dealers at their bulk
plants with a current license. Dealers shall provide a listing of locations of
the cylinder exchange racks/cages for inspection and compliance with Chapter 8
of NFPA 58 and other applicable codes.
(c) Ultimate consumer operations.
(5) Every entity who desires to be
licensed to sell or distribute liquefied petroleum gas in this state shall have
located within the state and within close proximity to the area serviced in
Georgia storage capacity for a minimum of 30,000 water gallons, except that
entities initially licensed prior to July 1, 1990, may continue to operate with
the previously approved 18,000 gallons storage facility. If the 30,000 gallon
capacity consists of more than one container, then no storage container used to
meet this requirement shall be of a size less than 6,000 gallons. Any person
who desires a liquefied petroleum gas dealer license as authorized by O.C.G.A.
Title 10, Chapter 1, Article 10 and who has not yet acquired the required
storage facility may enter into a bulk storage lease agreement with such
qualified person on the forms provided by the Safety Fire Division. Such
agreement shall be made in triplicate and the license fee shall be the same as
stated in subparagraph (3) of this rule. If the required storage facility is
leased or rented, then such storage capacity must be dedicated to the exclusive
use of the lessee and must include separate piping and loading/unloading
facilities.
(6) Prior to obtaining
a license for any of the activities listed in subsection (1) of this Rule, all
persons shall furnish the Safety Fire Division with evidence of and shall
thereafter maintain the following insurance coverage with an insurer authorized
to do business in this State or an insurer regulated pursuant to O.C.G.A. Title
33, Chapter 5, if insurance cannot be obtained from an insurer authorized to do
business in this State:
(a) General liability
including products and completed operations:
1. $1,000,000 combined single limits if the
capacity is more than 2,000 gallons.
2. $500,000 combined single limits if the
capacity is 2,000 gallons or less.
(b) Motor vehicle liability (when
applicable): $1,000,000 combined single limits.
(c) An insurer which provided such coverage
shall notify the Commissioner of any change in coverage.
(7) The name under which a person is licensed
shall appear on all delivery tickets, delivery vehicles, and storage
facilities. Nothing herein shall prohibit the use of trademarks, symbols or
logos in addition to the licensee's name. Nothing herein shall prohibit the use
of cash register receipts without the name of the business at portable DOT
cylinder filling facilities.
(8)
Any license issued pursuant to this Chapter may be suspended or revoked by the
Safety Fire Division in accordance with O.C.G.A. Section
10-1-269.
Notes
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