Section 68-135-104 - Issuance of licenses - Classes - Fees - RequirementsThe state fire marshal shall, after approval of the application provided in this part for the issuance of a license, issue the following classes of permits, on the conditions indicated:
(1)CLASS 1.(A) May engage in any phase of the liquefied petroleum gas business, including the selling and delivering of liquefied petroleum gas, either by bulk delivery direct to the consumer or by filling cylinders at the plant of the Class 1 licensee; and may provide "satellite storage" facilities, with no container to be less than six thousand gallons (6,000 gals.). A "satellite storage" facility means a facility for decentralized storage of liquefied petroleum gas having no means for receiving orders or conducting any phase of liquefied petroleum gas business other than unloading, storage, and reloading of liquefied petroleum gas and related equipment;(B) Shall furnish to the state fire marshal evidence of the following insurance: (i) Manufacturers' and contractors' bodily injury liability insurance: Each person .................... $ 500,000
Each accident .................... 1,000,000
(ii) Manufacturers' and contractors' property damage liability insurance: Each accident .................... $ 500,000
Aggregate .................... 1,000,000
(iii) Products bodily injury liability insurance: Each person .................... $ 500,000
Each accident .................... 1,000,000
Aggregate .................... 1,000,000
(iv) Products property damage liability insurance: Each person .................... $ 500,000
Aggregate .................... 1,000,000
(v) Automobile bodily injury liability insurance: Each person .................... $ 500,000
Each accident .................... 1,000,000
(vi) Automobile property damage liability insurance: Each accident .................... $ 20,000
(C) Shall provide a bulk storage capacity of not less than thirty thousand (30,000) water gallons, with no container to be less than six thousand gallons (6,000 gals.) with minimum working pressure of two hundred pounds (200 lbs.), the location of which shall be approved by the state fire marshal in advance of the application. Storage containers being used in connection with cotton gins, manufacturing plants, or any other type commercial use, regardless of size, will not be accepted as bulk storage and cannot be included in the requirements for the thirty thousand gallons (30,000 gals.) storage. Maximum liquefied petroleum gas bulk storage containers within the state shall be determined by regulations issued by the state fire marshal's office;(D) Shall provide equipment satisfactory to the state fire marshal;(E) Shall provide sufficient switch track or tank loading and unloading facilities satisfactory to the state fire marshal for either tank car or tank transport operation. All auxiliary equipment such as pumps, hose, electrical switches, etc., shall be approved by the state fire marshal;(F) Shall comply with all other applicable rules and regulations;(G) Shall annually pay a permit fee in the sum of one hundred fifty dollars ($150) for each business location; and(H) Shall not willingly or knowingly sell liquefied petroleum gas to another person, firm or corporation, for the purpose of resale, unless such person, firm or corporation holds a valid license issued by the authority of this part;(2)CLASS 2.(A) May sell and install ICC liquefied petroleum gas cylinders and supply gas for the cylinders by one (1) of the following methods:(i) Filling cylinders by weight at the plant of the applicant, or from approved mobile equipment; or(ii) Furnishing a storage container of not less than five hundred (500) gallon capacity in connection with the proper type filling facilities;(B) Shall furnish evidence of the following insurance:(i) Products bodily injury liability insurance: Each person .................... $ 500,000
Each accident .................... 1,000,000
Aggregate .................... 1,000,000
(ii) Products property damage liability insurance: Each accident .................... $ 500,000
Aggregate .................... 1,000,000
(iii) Automobile bodily injury liability insurance: Each person .................... $ 500,000
Each accident .................... 1,000,000
(iv) Automobile property damage liability insurance: Each accident .................... $ 20,000
(C) The automobile bodily injury liability insurance and automobile property damage liability insurance requirements set forth in subdivisions (2)(B)(iii) and (iv) shall not apply to any Class 2 dealer not filling cylinders by weight from approved mobile equipment pursuant to subdivision (2)(A)(i). The state fire marshal shall, upon application for a Class 2 dealer's license, take from such applicant, on a form that the state fire marshal shall prescribe and supply, information sufficient to satisfy the state fire marshal that such applicant for a Class 2 dealer's license will not be filling cylinders by weight from approved mobile equipment; and(D) Shall annually pay a permit fee in the sum of thirty-five dollars ($35.00);(3)CLASS 3.(A) May operate liquefied petroleum gas service stations. May sell liquefied petroleum gas to operators of mobile equipment for motor fuel only. May not sell or install any type container or appliance;(B) Shall provide storage and dispensing facilities that are consistent with standards established in NFPA pamphlet No. 58 and with requirements of the department of revenue;(C) Shall furnish evidence of the following insurance: (i) Manufacturers' and contractors' bodily injury liability insurance: Each person .................... $ 500,000
Each accident .................... 1,000,000
(ii) Manufacturers' and contractors' property damage liability insurance: Each accident .................... $1,000,000
Aggregate .................... 1,000,000
(iii) Products bodily injury liability insurance: Each person .................... $ 500,000
Each accident .................... 1,000,000
Aggregate .................... 1,000,000
(iv) Products property damage liability insurance or garage liability bodily injury liability insurance: Each person .................... $ 500,000
Each accident .................... 1,000,000
Aggregate .................... 1,000,000
(v) Garage liability property damage liability insurance: Each accident .................... $ 1,000,000
(D) Shall annually pay a permit fee in the sum of thirty-five dollars ($35.00);(4)CLASS 4.(A) Includes, but is not limited to, refineries, jobbers, or sellers of liquefied petroleum gas. Shall not willingly or knowingly sell liquefied petroleum gas to another person, firm or corporation, for the purpose of resale, unless such person, firm or corporation holds a valid license issued by the authority of this part;(B) Shall annually pay a permit fee in the sum of one hundred fifty dollars ($150);(C) Shall furnish to the state fire marshal evidence of the following insurance:(i) Manufacturers' and contractors' bodily injury liability insurance: Each person .................... $ 500,000
Each accident .................... 1,000,000
(ii) Manufacturers' and contractors' property damage liability insurance: Each accident .................... $ 500,000
Aggregate .................... 1,000,000
(iii) Products bodily injury liability insurance: Each person .................... $ 500,000
Each accident .................... 1,000,000
Aggregate .................... 1,000,000
(iv) Products property damage liability insurance: Each person .................... $ 500,000
Aggregate .................... 1,000,000
(v) Automobile bodily injury liability insurance: Each person .................... $ 500,000
Each accident .................... 1,000,000
(vi) Automobile property damage liability insurance: Each accident .................... $ 20,000
(5)CLASS 5.(A) May sell liquefied petroleum gas containers to permit holders exclusively;(B) Shall furnish evidence of the following insurance:(i) Manufacturers' and contractors' bodily injury liability insurance: Each person .................... $ 500,000
Each accident .................... 1,000,000
(ii) Manufacturers' and contractors' property damage liability insurance: Each accident .................... $1,000,000
Aggregate .................... 1,000,000
(iii) Products bodily injury liability insurance: Each person .................... $ 500,000
Each accident .................... 1,000,000
Aggregate .................... 1,000,000
(C) Before any liquefied petroleum gas containers are shipped into the state, blueprints and specifications shall be submitted in duplicate for each type of container, for approval by the state fire marshal. All fittings and the manufacturer thereof shall be listed and no variations from prints submitted will be permitted until such variations from the plans submitted have received approval by the state fire marshal. Excluded are containers manufactured under ICC specifications;(D) On the date of shipment, the manufacturer shall forward a list of each container on an approved form, together with one (1) data sheet for each container shipped into the state, showing manufacturer's serial number, number of the National Board of Boiler and Pressure Vessel Inspectors, capacity in gallons, and to whom shipped. Excluded hereunder are containers manufactured under ICC specifications; and(E) Shall annually pay a permit fee in the sum of one hundred dollars ($100).Acts 1965, ch. 108, § 4; 1969, ch. 146, §§ 1, 2; 1976, ch. 567, § 1; 1977, ch. 357, § 1; T.C.A., § 53-3604; Acts 1985, ch. 354, §§ 25-28; 1988, ch. 663, § 4; T.C.A., § 68-26-104; Acts 1995, ch. 169, §§ 1, 4, 7-11; 2010 , ch. 666, §§ 5-9.