19 Miss. Code. R. § 7-14.05 - Permitting Procedures

Current through December 27, 2021

A. Mississippi Code § 75-57-49 sets forth the Permittee requirements, including but not limited to the requirement for proof of good character, competency to transact business so as to safeguard the interest of the public, and financial responsibility. Proof of financial responsibility is complied with through the provision of Certificates of Insurance from the Permittee establishing the existence of appropriate insurance coverage, or through provision of surety bonds or personal bonds with appropriate conditions. The Certificates of Insurance provided typically sets forth a period of coverage of one (1) year.
B. Before any person shall be granted a permit as a distributor or installer, either at wholesale or retail, he shall satisfy the State Liquefied Compressed Gas Board that he has sufficient insurance coverage as required by law and a copy of said policy shall be filed with the Liquefied Compressed Gas Division with the application for permit, and a copy of a policy shall be filed with the Liquefied Compressed Gas Division each year thereafter as long as the permit is in effect. No permit shall be issued that does not have a copy of the insurance policy attached to it. In the event coverage is cancelled or the insurer goes bankrupt or is sold, a distributor or installer shall file evidence of new coverage and failure to do so may result in a fine or a permit being suspended or cancelled until such time that new coverage has been obtained and proof supplied to the Liquefied Compressed Gas Division.
C. Expiration of Permits: In order to ensure that Permittees are continually in compliance with the financial responsibility requirements, all Permit's issued by the LC Gas Board shall have an expiration date equal to the last day of coverage evidenced on their most recent Certificate of Insurance on file with the LC Gas Division of the Mississippi Insurance Department. In the event that the Permittee has established financial responsibility through the provision of a surety bond or a personal bond in accordance with Miss. Code § 75-57-49, then the expiration date for the permit shall equal the end period of the obligation under the surety bond or personal bond.
D. Renewal of Permits: In the case of approved Permittees who are reaching the expiration date of their permit, the permit shall automatically renew, without the need for action by the LC Gas Board, upon the provision by the Permittee to the LC Gas Division of the Mississippi Insurance Department, of a new or extended Certificate of Insurance, or surety / personal bond in compliance with the requirements of Miss. Code § 75-57-49. The renewed permit shall have and reflect an expiration date equal to the last day of coverage under the most current evidence of financial responsibility.
E. Before any person, firm or corporation shall enter the Liquefied Compressed Gas business as a distributor who plans to make retail or wholesale tank truck deliveries to consumers, and before a permit may be granted, such person, firm or corporation shall locate, within the State of Mississippi, a propane storage container of not less than 14,000 water gallons capacity and an aggregate total of propane storage containers of not less than 30,000 water gallons capacity for each permit granted. Before a permit is issued, a State Liquefied Compressed Gas Inspector shall inspect the facility to verify that the required storage capacity has been met by the applicant.
F. Any liquefied compressed gas dealer, or other person may apply to the Liquefied Compressed Gas Board to take an examination to qualify as an installer. The test shall be sufficient to test the knowledge of the applicant as to his qualifications for installing, repairing, altering, etc., equipment used in the handling of liquefied compressed gases and of his knowledge of the handling and storage of such gases.
G. Permit Classes - Definitions: The definitions included below are not meant to be all-inclusive and are only meant to provide a brief overview of key requirements or activities allowed under each Permit Class. The Liquefied Compressed Gas ("LC-Gas") Board and/or the Mississippi Insurance Department shall have authority to determine which Permit Classes apply in certain situations.

Class 1: DISTRIBUTE LIQUEFIED PETROLEUM GAS ("LP-GAS") TO CONSUMER (DEALERS PERMIT) - Holder may sell, distribute, store, or transport LP-GAS to consumers and may engage in any other LC-Gas activities allowed by Permit Classes 3, 5, 7, 8, 9 & 10. Holder shall locate, within Mississippi, a propane storage container of not less than fourteen thousand (14,000) water gallons capacity and an aggregate total of propane storage containers of not less than thirty thousand (30,000) water gallons capacity for each such Permit granted. No containers smaller than four thousand (4,000) water gallons capacity may be used to meet the thirty thousand (30,000) water gallons capacity aggregate total propane storage requirement. Holder may not engage in activities allowed under the following Permit Classes and/or the following Permit Classes do not apply to Class 1 Permit Holders: Permit Classes 2, 4 & 6.

Class 1A: BRANCH DEALER TO A CLASS 1 DEALER - Holder may operate an individual branch, division, or sub-division of a Class 1 Permit Holder and may act as an agent of a Class 1 Permit Holder.

Class 2: DISTRIBUTE ANHYDROUS AMMONIA TO CONSUMER - Holder may store, sell, transport or distribute anhydrous ammonia to consumers for commercial fertilizer purposes only.

Class 3: SELL, INSTALL, ALTER, CHANGE OR REPAIR LC-GAS SYSTEMS OR CONTAINERS - Holder may sell, install, alter, change or repair LC-Gas systems or containers.

Class 4: TRANSPORT OR DISTRIBUTE LC-GAS - Holder may transport or distribute LC-Gas to Class 1 Permit Holders, containers, railcars or holding terminals in Mississippi.

Class 5: DISTRIBUTE OR TRANSPORT FILLED LC-GAS CYLINDERS - Holder may sell, deliver, transport and service LC-Gas cylinders. Holder may establish cylinder exchange stations, deliver filled cylinders to exchange locations, service cylinders throughout Mississippi, or deliver filled cylinders to consumers.

Class 6: MANUFACTURE AND DISTRIBUTE LC-GAS CONTAINERS - Holder may manufacture and distribute LC-Gas containers or equipment to other Mississippi LC-Gas Permit Holders.

Class 7: SELL, INSTALL, ALTER, CHANGE OR REPAIR LC-GAS APPLIANCES ONLY - Holder may sell, install, alter, change or repair LC-Gas piping and appliances on the downstream side of the tank outlet valve only. Holder may not sell, install, alter, change or repair LC-Gas containers.

Class 8: FILL LC-GAS CYLINDERS AND/OR COMPRESSED GAS MOTOR FUEL CONTAINERS - Holder may fill LC-Gas cylinders and/or compressed gas motor fuel containers from a stationary filling station.

Class 9: SELL, INSTALL, ALTER, CHANGE OR REPAIR LC-GAS AND/OR OTHER COMPRESSED GAS CARBURETION SYSTEMS - Holder may sell, install, alter, change or repair LC-Gas and/or other compressed gas carburetion systems used on internal combustion engines that are permanently mounted on motor vehicles.

Class 10: CALIBRATE LC-GAS METERING EQUIPMENT - Holders may calibrate and/or repair LC-Gas metering equipment.

H. Permit Application Process: The Liquefied Compressed Gas Division of the Mississippi Insurance Department shall be responsible for publishing appropriate forms for use as an application for permits, and such form shall be made available on the Mississippi Insurance Department's website.

Notes

19 Miss. Code. R. § 7-14.05
Miss. Code §§ 75-57-49, 75-57-57, and 75-57-109 (Supp. 2020)
Adopted July 1, 2021

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