68-135-108 - Containers Marking to identify owners Restrictions governing the use.
68-135-108. Containers Marking to identify owners Restrictions governing the use.
(a) In order to promote the public safety by avoiding the contamination of containers and by assuring the proper reconditioning of service valves and containers, all dealers shall be required to mark, label or otherwise designate liquefied petroleum gas containers in such a manner as to identify such containers as being owned by the particular dealer, and no dealer shall sell, install, fill, refill, deliver or permit to be delivered, or use in any manner any liquefied petroleum gas container, unless such container is owned by such dealer or its use is authorized by the owner of such container.
(b) The state fire marshal is authorized and directed to make such rules and regulations as shall be consistent with this section in order to ensure proper identification, and it is unlawful for any dealer to permit any of the acts outlined in this section unless the containers are so identified in accordance with the rules and regulations.
(c) No liquefied petroleum gas dealer, including its agents and employees, may dismantle, disconnect, evacuate, repair, deface, fill, or refill a container belonging to another dealer unless:
(1) Prior written permission shall have been granted by the dealer who owns the container;
(2) Prior written permission shall have been granted by the owner or lessee of the premises where the container is located, except that the owner or lessee may not grant permission to fill or refill a container;
(3) The action is taken at the direction of the authority having jurisdiction as defined in NFPA Pamphlet No. 58; or
(4) The action is taken at the direction of an incident commander dealer with an emergency.
(d) Nothing in this section shall be construed as abrogating the right of the consumer to terminate a rental contract on a container with a dealer-owner in accordance with its terms and provisions as to legal notice.
(e) It is unlawful for any person to transport in the state of Tennessee any containers or cylinders in excess of twenty pounds (20 lbs.) capacity, unless the cylinders or containers are securely fastened, and equipped with approved valve guards or caps as provided in NFPA Pamphlet No. 58; furthermore, no containers of liquefied petroleum gas having a capacity in excess of two pounds (2 lbs.) shall be transported in the passenger portion of any vehicle, whether private or for hire. This does not preclude carrying of containers for the use of liquefied petroleum gas as a motor fuel in conjunction with the operation of a vehicle of any type.
(f) The containers are to be appropriately marked and easily identifiable to the inspector.
(g) No dealer shall fill any container, either bottle or bulk, that does not meet the acceptable standards of pressure as outlined in NFPA Pamphlet No. 58, nor shall any dealer fill a butane tank with propane gas. In addition, no dealer shall reinstall or deliver gas into a reinstalled underground storage tank regardless of size, unless it has been authorized by the state fire marshal.
[Acts 1961, ch. 118, § 7; 1965, ch. 108, § 8; T.C.A., § 53-3608; Acts 1988, ch. 984, § 26; T.C.A., § 68-26-108; Acts 1995, ch. 169, § 6; 2003, ch. 94, § 1.]