53-7-315 - Enforcement of part and rules.
53-7-315. Enforcement of part and rules.
(1) Except as provided in Subsection (6), this part, the rules made under it, and ordersissued by the board are enforced by:
(a) the enforcing authority, unless otherwise provided by the board; and
(b) the board.
(2) (a) A person who knowingly violates or fails to comply with this part is guilty of aclass B misdemeanor and is punishable by a fine of not less than $50 nor more than $500.
(b) A person previously convicted under Subsection (2)(a) who knowingly violates orfails to comply with this part is guilty of a class B misdemeanor and is punishable by a fine of notless than $200 nor more than $2,000.
(c) Each day the violation or failure to comply continues constitutes a separate offense.
(3) The enforcing authority may enter the premises of a licensee under this part, or anybuilding or other premises open to the public, at any reasonable time, for the purpose ofdetermining and verifying compliance with this part and the rules and orders of the board.
(4) An enforcing authority may declare any container, appliance, equipment, transport, orsystem that does not conform to the safety requirements of this part or the rules or orders of theboard, or that is otherwise defective, as unsafe or dangerous for LPG service, and shall attach ared tag in a conspicuous location.
(5) (a) A person who knowingly sells, furnishes, delivers, or supplies LPG for storage in,or use or consumption by, or through, a container, appliance, transport, or system to which a redtag is attached is guilty of a class B misdemeanor punishable by a fine of not less than $100 andnot more than $2,000.
(b) Liquefied petroleum gas shall be removed from a container to which a red tag isattached only as provided by rules made by the board.
(c) An unauthorized person who knowingly removes, destroys, or in any way obliteratesa red tag attached to a container, appliance, transport, or system is guilty of a class Bmisdemeanor punishable by a fine of not less than $50 and not more than $2,000.
(d) The enforcing authority may establish and collect a fee for any services or inspectionsrequired by this part, the rules made under it, and orders issued by the board. The fee shall bereasonable and may not exceed the amount of the cost of service or inspection provided. Feescollected under this subsection may be retained by the enforcing authority, and shall be applied tothe expenses of providing these services.
(6) (a) Except as provided in Subsection (6)(c), a person who fills a leased container inviolation of the terms of a written lease is liable in an action by the container lessor for thegreater of:
(i) the actual damages to the container lessor, including incidental and consequentialdamages and attorneys' fees; or
(ii) $500 for each violation.
(b) (i) The burden of ascertaining the terms of a written lease for purposes of Subsection(a) is on the person filling the container.
(ii) A person has ascertained the terms of a written lease if he has:
(A) read the lease;
(B) received the assurance of the container owner that the lease does not prohibit theperson from filling the container;
(C) obtained a signed, written statement from the lessee that the written lease does not
prohibit the person from filling the container; or
(D) the leased container is clearly labelled as a container subject to lease termsprohibiting the filling of the container without the lessor's permission.
(c) If a lessee or lessor misrepresents his ownership or the terms of his written leaseunder Subsection (6)(b), the lessee or lessor who made the misrepresentation, and not the personfilling the tank, is liable for the damages under Subsection (6)(a).
(7) If a written container lease entered into after May 1, 1992, restricts the right to fill aleased container, the restriction shall be plainly stated in the lease in any manner designed todraw the attention of the lessee to the lease provision, including:
(a) typing the restriction in at least two point larger type than the majority of thedocument type;
(b) underlining the restriction; or
(c) typing the restriction in boldface type.
(8) A lessor whose container lease does not comply with Subsection (7) is disqualifiedfrom protection under Subsection (6).
Amended by Chapter 324, 2010 General Session