18-09 Liquefied Petroleum Gas Regulation
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<![CDATA[CHAPTER 18-09LIQUEFIED PETROLEUM GAS REGULATION18-09-01. Liquefied petroleum gas defined. The term "liquefied petroleum gas", asused in this chapter, means and includes any material which is composed predominantly of any<br>of the following hydrocarbons, or mixtures of the same: propane, propylene, butane (normal<br>butane or isobutane), and butylenes.18-09-02. State fire marshal to make rules. The state fire marshal shall adopt rulessetting forth minimum general standards covering the design, construction, location, installation,<br>and operation of equipment for storage, handling, transporting by tank truck, tank trailer, and<br>utilizing liquefied petroleum gases and specifying the odorization of said gases and the degree<br>thereof. The rules must be such as are reasonably necessary for the protection of the health,<br>welfare, and safety of the public and persons using such materials and must be in substantial<br>conformity with the generally accepted standards of safety concerning the same subject matter.<br>The rules must substantially comply with national standards for the design, installation,<br>construction of containers, and pertinent equipment for the handling and storage of liquefied<br>petroleum gases, such as those promulgated by the national fire protection association.18-09-02.1.Liquefied petroleum gas furnace or other appliance permitted inresidential or commercial building. No state agency may by rule, resolution, or ordinance<br>prohibit the installation in the basement of any residential or commercial building of a furnace or<br>other appliance that uses liquefied petroleum gas.18-09-03. Penalty. Any person violating any of the provisions of this chapter or of theregulations of the state fire marshal made pursuant to it is guilty of a class B misdemeanor.18-09-04. Abatement. In addition to the penalties provided in section 18-09-03, anyperson, firm, or corporation who violates or remains in violation of any of the provisions hereof, or<br>of any rule or regulation promulgated by the state fire marshal hereunder, may be directed and<br>ordered by the state fire marshal or by the fire chief of any city or township, by notice in writing<br>setting forth the facts relating to such violation to correct said violation. Such notice in writing<br>must be served personally upon said person or mailed by registered or certified mail to the<br>principal office of said person, firm, or corporation or if an individual, to the individual's residence.<br>If such order is not complied with and such violation not corrected within twenty days of the date<br>of service of said order the state fire marshal or fire chief of any city or township shall file, in the<br>district court of the county where such person or corporation may reside or have the person's or<br>corporation's principal place of business or residence or where such violation occurs, a petition or<br>complaint setting forth the facts relating to the making and serving of such order and praying for<br>an injunction or an abatement, and the court upon notice and proper hearing shall make such<br>determination thereof as seems necessary and proper to correct the violation and secure<br>enforcement of said abatement order.Every order issued by the officials hereinbeforementioned under the provisions of this section is prima facie evidence of the truth of the matters<br>and things therein set forth. The court may issue such temporary orders pending full hearing as<br>may seem necessary and expedient. The procedures must be as prescribed for the securing of<br>an injunction or for the abatement of hazards in the laws of this state or under the rules and<br>practices of the court.Page No. 1Document Outlinechapter 18-09 liquefied petroleum gas regulation]]>