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Liquefied Petroleum Gas Commission

LOUISIANA ADMINISTRATIVE CODE
TITLE 55. PUBLIC SAFETY

Subchapter A. New Dealers

§ 1513. Classes of Permits

The Liquefied Petroleum Gas Commission will issue upon application the following classes of permits:

1. Class A1. Holders of these permits may enter any phase of the anhydrous ammonia business.

a. Must file formal application for a permit with the Liquefied Petroleum Gas Commission. These applications for permits will be administratively granted by the office of the director, upon complying with all Commission requirements, such as payment of the applicable fees, qualification of personnel, providing proof of insurance and if applicable, final approval of a sketch, registration and safety inspection of tanker trucks. The Liquefied Petroleum Gas Commission shall ratify the permits at the first subsequent Commission meeting, after at least 20 days have elapsed after the permit has been administratively granted by the office of the director. Presence of applicant for the permit or his authorized representative is required at the Commission meeting when the application for a permit is ratified. In no case will the applicant’s supplier be the authorized representative. Only with special approval of the Commission, under extenuating circumstances, will the Commission allow the applicant for a permit to be represented by another party other than a principal officer, director, manager, or attorney. The formal application form(s) will be furnished by the Commission upon request.

b. Must deposit filing fee of $100 with application.
c. Holders of these permits must furnish evidence of general liability insurance in the minimum sum of $1,000,000 covering:
i. products;
ii.. manufacturers and contractors; and
iii. automobile liability.

d. Storage tank and location must be approved. Storage tanks may not be located inside corporate limits without permission of the governing body.

e. Must pay permit for first year's operations in the amount of $300 to the Liquefied Petroleum Gas Commission of the state of Louisiana. For all succeeding years the permit fee shall be one-half of one percent of the gross annual sales of anhydrous ammonia or $300, whichever is greater.

f. Person in charge of operations must be satisfactory to the commission and the director of the Liquefied Petroleum Gas Commission.

g. All service and installation personnel, anhydrous ammonia transfer personnel, and tank truck drivers must have a card of competency from the office of the director.

h. Must have necessary experience in anhydrous ammonia business or have employed a recognized operator of such experience and competency. The commission reserves the right to demand that such knowledge and competency be proved by a written examination.

i. Must provide adequate switch track of tank loading and unloading facilities. All auxiliary equipment such as pumps, hose, electrical switches, etc., shall be, where possible, Underwriters Laboratories or any other nationally recognized testing agency approved for anhydrous ammonia. If equipment is not so approved, drawings and descriptions shall be submitted to the office of the director of the Liquefied Petroleum Gas Commission for his approval before installation.

j. No truck shall be parked on a street or highway at night in any city, town or village, except that it be for the purpose of serving a customer, then only in an emergency.

k. Compliance with all other applicable rules and regulations will be required.

l. The name of the dealer or permit holder must appear on all tank trucks, storage tank sites, and/or advertising being used by the dealer.

2. Class A2. Holders of these permits may install and service anhydrous ammonia containers, piping and appliances, but shall not deliver anhydrous ammonia.

a. Must file formal application for a permit with the Liquefied Petroleum Gas Commission. These applications for permits will be administratively granted by the office of the director, upon complying with all Commission requirements, such as payment of the applicable fees, qualification of personnel, providing proof of insurance and if applicable, final approval of a sketch, registration and safety inspection of tanker trucks. The Liquefied Petroleum Gas Commission shall ratify the permits at the first subsequent Commission meeting, after at least 20 days have elapsed after the permit has been administratively granted by the office of the director. Presence of applicant for the permit or his authorized representative is required at the Commission meeting when the application for a permit is ratified. In no case will the applicant’s supplier be the authorized representative. Only with special approval of the Commission, under extenuating circumstances, will the Commission allow the applicant for a permit to be represented by another party other than a principal officer, director, manager, or attorney. The formal application form(s) will be furnished by the Commission upon request.

b. Must deposit filing fee of $25 with application.

c. Holders of these permits must furnish evidence of general liability insurance in the minimum sum of $1,000,000 covering products, manufacturers and contractors, and automobile liability.

d. Must pay permit for first year's operations in the amount of $300 to the Liquefied Petroleum Gas Commission of the state of Louisiana. For all succeeding years the permit fee shall be $300.

e. Person in charge of operations must be satisfactory to the commission and the director of the Liquefied Petroleum Gas Commission.

f. All service and installation personnel must have a certificate of competency from the office of the director.

g. Must have necessary experience in anhydrous ammonia business or have employed a recognized operator of such experience and competency. The commission reserves the right to demand that such knowledge and competency be proved by a written examination.

h. Compliance with anhydrous ammonia law and all other applicable rules and regulations is required.

3. Class A3. Holders of these permits may engage in the filling of approved cylinders with anhydrous ammonia on their premises, but shall not deliver anhydrous ammonia.

a. Must file formal application for a permit with the Liquefied Petroleum Gas Commission. These applications for permits will be administratively granted by the office of the director, upon complying with all Commission requirements, such as payment of the applicable fees, qualification of personnel, providing proof of insurance and if applicable, final approval of a sketch, registration and safety inspection of tanker trucks. The Liquefied Petroleum Gas Commission shall ratify the permits at the first subsequent Commission meeting, after at least 20 days have elapsed after the permit has been administratively granted by the office of the director. Presence of applicant for the permit or his authorized representative is required at the Commission meeting when the application for a permit is ratified. In no case will the applicant’s supplier be the authorized representative. Only with special approval of the Commission, under extenuating circumstances, will the Commission allow the applicant for a permit to be represented by another party other than a principal officer, director, manager, or attorney. The formal application form(s) will be furnished by the Commission upon request.

b. Must deposit filing fee of $25 with application.

c. Holders of these permits must furnish evidence of general liability insurance in the minimum sum of $1,000,000 covering products liability.

d. Storage tank and location must be approved. All tanks located in corporate limits must also be approved by the governing body.

e. Must pay permit for first year's operations in the amount of $300 to the Liquefied Petroleum Gas Commission of the state of Louisiana. For all succeeding years the permit fee shall be one-half of one percent of the gross annual sales of anhydrous ammonia or $300, whichever is greater.

f. Person in charge of operations must be satisfactory to the commission and the director of the Liquefied Petroleum Gas Commission.

g. All employees handling anhydrous ammonia must have a certificate of competency from the office of the director.

h. Must have necessary experience in anhydrous ammonia business or have employed a recognized operator of such experience and competency. The commission reserves the right to demand that such knowledge and competency be proved by a written examination.

i. Compliance with all other applicable rules and regulations will be required.

j. The dealers name shall appear on all stationary storage tank sites.

4. Class A3-X. Holders of these permits may engage in the exchange of approved anhydrous ammonia cylinders on their premises, but shall not fill cylinders.

a. Must file formal application for a permit with the Liquefied Petroleum Gas Commission. These applications for permits will be administratively granted by the office of the director, upon complying with all Commission requirements, such as payment of the applicable fees, qualification of personnel, providing proof of insurance and if applicable, final approval of a sketch, registration and safety inspection of tanker trucks. The Liquefied Petroleum Gas Commission shall ratify the permits at the first subsequent Commission meeting, after at least 20 days have elapsed after the permit has been administratively granted by the office of the director. Presence of applicant for the permit or his authorized representative is not required at the Commission meeting when the application for a permit is ratified. The formal application form(s) will be furnished by the Commission upon request.

b. Must deposit filing fee of $50 with application.

c. Holders of these permits must furnish evidence of general liability insurance in the minimum sum of $1,000,000 covering products and automobile liability.

d. Must pay permit for first year's operations in the amount of $300 to the Liquefied Petroleum Gas Commission of the state of Louisiana. For all succeeding years, the permit fee shall be one-half of one percent of the gross annual sales of anhydrous ammonia or $300, whichever is greater.

e. Storage location must be approved. All tanks located in corporate limits must also be approved by the governing body.

f. Cylinder delivery trucks are to comply with CFR 49 of the DOT specifications.

g. Person in charge of operations must be satisfactory to the commission and the director of the Liquefied Petroleum Gas Commission.

h. All employees handling anhydrous ammonia must have a certificate of competency from the office of the director.

i. Compliance with all other applicable rules and regulations will be required.

5. Class A4. Holders of these permits may transport anhydrous ammonia by motor vehicle over the highways of the state of Louisiana but shall not sell product in the state. This permit may be secured from the office of the director upon receipt of the following:

a. Must file formal application for a permit with the Liquefied Petroleum Gas Commission. These applications for permits will be administratively granted by the office of the director, upon complying with all Commission requirements, such as payment of the applicable fees, qualification of personnel, providing proof of insurance and if applicable, final approval of a sketch, registration and safety inspection of tanker trucks. The Liquefied Petroleum Gas Commission shall ratify the permits at the first subsequent Commission meeting, after at least 20 days have elapsed after the permit has been administratively granted by the office of the director. Presence of applicant for the permit or his authorized representative is required at the Commission meeting when the application for a permit is ratified. In no case will the applicant’s supplier be the authorized representative. Only with special approval of the Commission, under extenuating circumstances, will the Commission allow the applicant for a permit to be represented by another party other than a principal officer, director, manager, or attorney. The formal application form(s) will be furnished by the Commission upon request.

b. Must deposit filing fee of $25 with application.

c. Must pay permit fee for first year's operations in the amount of $300 to the Liquefied Petroleum Gas Commission of the state of Louisiana. For all succeeding years the permit fee shall be $300.

d. Holders of these permits must furnish evidence of general liability insurance in the minimum sum of $1,000,000 automobile liability.

e. All trucks traveling in Louisiana shall conform to CFR 49 of the DOT specifications.

f. All transport trucks are subject to inspection and approval of the Liquefied Petroleum Gas Commission.

g. No truck shall be parked on a street or highway at night in any city, town, or village, except that it be for the purpose of serving a customer and this only in an emergency.

h. All transport and tank truck drivers must have a certificate of competency from the office of the director.

i. Compliance with all other applicable rules and regulations will be required.

j. The dealer's name shall appear on all tank trucks which require registration with the commission.

6. Class A4-E. Holders of these permits may transport anhydrous ammonia over the highways of the state of Louisiana but shall not sell product in the state. These permits are valid only for 90 days from the date of issuance and may be secured from the office of the director upon receipt of the following:

a. Must file formal application for a permit with the Liquefied Petroleum Gas Commission. These applications for permits will be administratively granted by the office of the director, upon complying with all Commission requirements, such as payment of the applicable fees, qualification of personnel, providing proof of insurance and if applicable, final approval of a sketch, registration and safety inspection of tanker trucks. The Liquefied Petroleum Gas Commission shall ratify the permits at the first subsequent Commission meeting, after at least 20 days have elapsed after the permit has been administratively granted by the office of the director. Presence of applicant for the permit or his authorized representative is not required at the Commission meeting when the application for a permit is ratified. The formal application form(s) will be furnished by the Commission upon request.

b. Must deposit filing fee of $25 with application;

c. Must pay emergency permit fee (valid for 90 days only) in the amount of $325. In the event the applicant desires to obtain a permanent Class A4, $300 of the emergency fee will be applicable to the current year's fee;

d. Holders of these permits must furnish evidence of general liability insurance in the minimum sum of $1,000,000 covering automobile liability.

e. All trucks entering the state of Louisiana shall be inspected by a field inspector from the staff of the commission and certified safe.

f. All trucks traveling in Louisiana shall conform to CFR 49 of the DOT specifications.

g. Operators of the equipment must pass appropriate examination.

h. Section 1505 of the rules and regulations is hereby declared non-applicable to the Class A4-E permit.

i. Compliance with all other applicable rules and regulations will be required.

j. The dealer’s name shall appear on all tank trucks which require registration with the commission.

AUTHORITY NOTE: Promulgated in accordance with R.S. 3:1354.
HISTORICAL NOTE: Adopted by the Department of Agriculture, Anhydrous Ammonia Commission (January 1967), amended by the Department of Public Safety and Corrections, Liquefied Petroleum Gas Commission, LR 19:899 (July 1993), LR 25:2413 (December 1999), amended LR 27:423 (March 2001), repromulgated LR 27:565 (April 2001), LR 33:1144 (June 2007), effective July 1, 2007.