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.
