IC 22-11-15
    Chapter 15. Regulation of Liquefied Petroleum Gas Containers

IC 22-11-15-1
Intent
    Sec. 1. It is the intent of the general assembly to protect the publicwelfare and promote safety in the filling and use of pressure vesselscontaining liquefied petroleum gases by implementing both theinterstate commerce commission regulations, within the state ofIndiana, and the national standards of safety on the filling of thesecontainers. It is necessary to insure that containers properlyconstructed and tested are used, and that a liquefied petroleum gas ofsuitable and safe vapor pressure be placed in these containers.Therefore, the filling or refilling of liquefied petroleum gascontainers by other than the owner or authorized person must becontrolled and specific authority to prevent violation and encourageenforcement should be established.
As added by Acts 1979, P.L.232, SEC.1.

IC 22-11-15-2
Definitions
    Sec. 2. As used in this chapter:
    (1) "Liquefied petroleum gas" means any material composedpredominantly of any of the following hydrocarbons or mixtures ofthe same: propane, propylene, butanes (normal butane andisobutane), and butylenes.
    (2) "Person" includes any individual, firm, limited liabilitycompany, or corporation and their affiliates.
    (3) "Owner" means:
        (A) any person holding a written bill of sale or other instrumentunder which title to a liquefied petroleum gas container wastransferred to that person;
        (B) any person holding a paid or receipted invoice showingpurchase of and payment for a liquefied petroleum gascontainer;
        (C) any person whose name, initials, or other identifying markhas been plainly shown on the surface of a liquefied petroleumgas container since September 1, 1978; or
        (D) any manufacturer of a container for liquefied petroleum gaswho has not transferred ownership of it.
As added by Acts 1979, P.L.232, SEC.1. Amended by P.L.8-1993,SEC.297.

IC 22-11-15-3
Owner identified containers; written authorization; unlawful acts;emergencies
    Sec. 3. If a liquefied petroleum gas container bears on its surfacein legible characters the name, mark, initials, or other identifyingdevice of its owner, it is unlawful for any person except the owner ora person authorized in writing by him:        (1) to fill or refill that container with liquefied petroleum gas orany other gas or compound;
        (2) to buy, sell, offer for sale, give, take, loan, deliver or permitto be delivered, or otherwise use or dispose of liquefiedpetroleum gas in that container; or
        (3) to deface, erase, obliterate, cover up, or otherwise removeor conceal or change the name, mark, initials, or otheridentifying device of the owner or to place the name, mark,initials, or other identifying device of any person other than theowner on such container.
However, no written authorization shall be required during weatheremergencies or at those times when the regular supplier of liquefiedpetroleum gas has failed, or is unable, to make delivery within areasonable time.
As added by Acts 1979, P.L.232, SEC.1.

IC 22-11-15-4
Unauthorized possession; presumptive evidence of unlawful use
    Sec. 4. Possession of a liquefied petroleum gas container by anyperson other than the owner without the owner's written consent ispresumptive evidence of the unlawful use of that container, exceptas otherwise provided in section 3 of this chapter.
As added by Acts 1979, P.L.232, SEC.1.

IC 22-11-15-5
Criminal prosecution
    Sec. 5. Any person or his agent with personal knowledge of thefacts who has reason to believe that any of his liquefied petroleumgas containers are in the possession of or are being illegally used byany person who is not an owner of the container and who does nothave the written consent of the owner, may file a written complaintwith the prosecutor of the county in which the complainant resides.The prosecutor may proceed with criminal prosecution if warranted.If a person is convicted of a violation of this chapter the court shallimpose the punishment prescribed in this chapter and awardpossession of the container to its owner.
As added by Acts 1979, P.L.232, SEC.1.

IC 22-11-15-5.1
Civil actions; statute of limitations; costs and attorney's fees
    Sec. 5.1. (a) A person injured as a result of an act or practice thatviolates this chapter may bring a civil action:
        (1) for declaratory relief;
        (2) for injunctive relief; or
        (3) to recover compensatory damages;
against the person violating this chapter.
    (b) An action brought under this section must be commenced notlater than two (2) years after the date of the alleged violation.
    (c) A court may award costs and reasonable attorney's fees.
As added by P.L.142-2002, SEC.1.
IC 22-11-15-6
Violation; offense
    Sec. 6. Any person who violates this chapter commits a Class Cmisdemeanor.
As added by Acts 1979, P.L.232, SEC.1.