RELATES TO: KRS 234.120, 234.130
NECESSITY, FUNCTION, AND CONFORMITY: KRS 234.120 authorizes the
commissioner to promulgate reasonable administrative regulations requiring
proof of ability to respond in damages for personal injury and property damages
in the minimum amounts required under KRS 234.120(1). This administrative
regulation establishes the initial application and renewal requirements for LP
gas license applicants and LP gas licensees.
Section
1. Definitions.
(1) "Liquefied
petroleum gas" or "LP gas" is defined by KRS 234.100.
(2) "LP Gas License, Class A" means a license
required for a person to engage in the liquefied petroleum gas business as
described in KRS 234.120(1)(a).
(3)
"LP Gas License, Class B" means a license required for a person to engage in
the liquefied petroleum gas business as described in KRS 234.120(1)(b).
(4) "LP Gas License,
Class C" means a license required for a person to engage in the liquefied
petroleum gas business as described in KRS 234.120(1) (c).
(5) "LP Gas License, Class D" means a license
required for a person to engage in the liquefied petroleum gas business as
described in KRS 234.120(1)(d).
(6)
"LP Gas License, Class E" means a license required for a person to engage in
the liquefied petroleum gas business as described in KRS 234.120(1)(e).
Section
2. Initial Application Requirements. An applicant for a LP gas
license, class A, class B, class C, class D, or class E shall submit to the
department:
(1) A completed License
Application to Engage in the Liquefied Petroleum (LP) Gas Business, Form HAZMAT
38-01;
(2) The applicable prorated
fee required by KRS 234.120(1); and
(3) Proof of minimum liability insurance as
required by KRS 234.120(1).
Section
3. Proof of Insurance. An applicant shall provide proof of minimum
liability insurance by providing an insurance certificate from an insurance
provider approved by the Kentucky Department of Insurance with the Department
of Housing, Buildings and Construction named as the certificate
holder.
Section 4. Renewal
Requirements.
(1) Initial licenses shall
expire on the last day of the licensee's birth month or month of incorporation
in the next even-numbered year. Renewed licenses shall be valid for one (1)
year and shall expire on the last day of the licensee's birth month or month of
incorporation.
(2) To renew a LP
gas license a licensee shall submit to the department:
(a) A completed Form HAZMAT 38-01;
(b) The applicable fee required by KRS 234.120(1); and
(c) Proof of
minimum liability insurance as required by KRS 234.120(1).
Section 5. Incorporation by
Reference.
(1) "License Application to Engage
in the Liquefied Petroleum (LP) Gas Business", Form HAZMAT 38-01, April 2021,
is incorporated by reference.
(2)
This material may be inspected, copied, or obtained, subject to applicable
copyright law, at the Department of Housing, Buildings and Construction,
Licensing Branch, 500 Mero Street, Frankfort, Kentucky 40601, Monday through
Friday, 8 a.m. to 4:30 p.m. and is available online at dhbc.ky.gov.