Fire Laws

CHAPTER 28.20

STORAGE AND HANDLING OF LIQUEFIED PETROLEUM GAS

Section.

(23-28.20-1 through 23-28.20-5 Repealed)

23-28.20-6. Registration and permits.

23-28.20-7. Application and hearings on permits.

23-28.20-8. Application for permit.

23-28.20-9. Permit fee.

23-28.20-10. Expiration of permits.

23-28.20-11. Severability.

23-28.20-12. Immunity from civil liability - Persons assisting.

23-28.20-1. through 23-28.20-5 Repealed.

23-28.20-6. Registration and permits.

Registration of and permits for persons, firms, corporations, and partnerships engaged in the business of selling or offering for sale at wholesale or retail liquefied petroleum gas are required.

23-28.20-7. Application and hearings on permits.

(a) Application for permits under this chapter shall be made pursuant to regulations adopted by the state fire marshal and those regulations may from time to time be amended by the marshal.

(b) The fire marshal shall have the authority to conduct hearings or proceedings concerning the suspension, revocation, or refusal of the issuance or renewal of permit.

23-28.20-8. Application for permit.

(a) The applicant must submit an application to the state fire marshal, on a form provided by the state fire marshal. Upon receipt of the application, the state fire marshal will schedule a fire safety inspection of the facility in accordance with N.F.P.A. 1, 2003 edition, as amended by the Fire Safety Code Board of Appeal & Review.

(b) The permit will be issued provided the applicant is in compliance with applicable codes.

23-28.20-9. Permit fee.

Each application for a permit under this chapter shall be accompanied by the fee prescribed by this section, which fee shall be returned in the event the application is denied. The permit fee shall be seventy-five dollars ($75.00) annually. All fees collected pursuant to this section shall be deposited as general revenue.

23-28.20-10. Expiration of permits.

All permits issued under this chapter shall expire on the last day of each calendar year unless sooner designed on the permit or sooner revoked.

23-28.20-11. Severability.

If any part of this chapter shall be declared unconstitutional or invalid, the unconstitutionality or invalidity shall in no way affect the constitutionality or validity of any other portion thereof which can be given reasonable effect without the part so declared unconstitutional or invalid.

23-28.20-12. Immunity from civil liability - Persons assisting.

Notwithstanding any provisions of law to the contrary, no person who without remuneration provides assistance upon request of any police agency, fire company, first aid, rescue, or emergency squad, or other agency or unit of government in the event of an accident or other emergency situation involving the use, handling, transportation, transmission, or storage of liquefied petroleum gas shall be liable in any civil action to respond in damages as a result of his or her acts of commission or omission arising out of and in the course of his or her rendering in good faith any assistance. Nothing herein shall be deemed to grant any immunity to any person who caused the accident or other emergency situation, or to any other person causing damage as a result of his or her willful or wanton act of commission or omission.