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 public
welfare and promote safety in the filling and use of pressure vessels
containing liquefied petroleum gases by implementing both the
interstate commerce commission regulations, within the state of
Indiana, and the national standards of safety on the filling of these
containers. It is necessary to insure that containers properly
constructed and tested are used, and that a liquefied petroleum gas of
suitable and safe vapor pressure be placed in these containers.
Therefore, the filling or refilling of liquefied petroleum gas
containers by other than the owner or authorized person must be
controlled and specific authority to prevent violation and encourage
enforcement 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 composed
predominantly of any of the following hydrocarbons or mixtures of
the same: propane, propylene, butanes (normal butane and
isobutane), and butylenes.
(2) "Person" includes any individual, firm, limited liability
company, or corporation and their affiliates.
(3) "Owner" means:
(A) any person holding a written bill of sale or other instrument
under which title to a liquefied petroleum gas container was
transferred to that person;
(B) any person holding a paid or receipted invoice showing
purchase of and payment for a liquefied petroleum gas
container;
(C) any person whose name, initials, or other identifying mark
has been plainly shown on the surface of a liquefied petroleum
gas container since September 1, 1978; or
(D) any manufacturer of a container for liquefied petroleum gas
who 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 surface
in legible characters the name, mark, initials, or other identifying
device of its owner, it is unlawful for any person except the owner or
a person authorized in writing by him:
(1) to fill or refill that container with liquefied petroleum gas or
any other gas or compound;
(2) to buy, sell, offer for sale, give, take, loan, deliver or permit
to be delivered, or otherwise use or dispose of liquefied
petroleum gas in that container; or
(3) to deface, erase, obliterate, cover up, or otherwise remove
or conceal or change the name, mark, initials, or other
identifying device of the owner or to place the name, mark,
initials, or other identifying device of any person other than the
owner on such container.
However, no written authorization shall be required during weather
emergencies or at those times when the regular supplier of liquefied
petroleum gas has failed, or is unable, to make delivery within a
reasonable 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 any
person other than the owner without the owner's written consent is
presumptive evidence of the unlawful use of that container, except
as 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 the
facts who has reason to believe that any of his liquefied petroleum
gas containers are in the possession of or are being illegally used by
any person who is not an owner of the container and who does not
have the written consent of the owner, may file a written complaint
with 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 shall
impose the punishment prescribed in this chapter and award
possession 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 that
violates 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 not
later 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 C
misdemeanor. As added by Acts 1979, P.L.232, SEC.1.
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 public
welfare and promote safety in the filling and use of pressure vessels
containing liquefied petroleum gases by implementing both the
interstate commerce commission regulations, within the state of
Indiana, and the national standards of safety on the filling of these
containers. It is necessary to insure that containers properly
constructed and tested are used, and that a liquefied petroleum gas of
suitable and safe vapor pressure be placed in these containers.
Therefore, the filling or refilling of liquefied petroleum gas
containers by other than the owner or authorized person must be
controlled and specific authority to prevent violation and encourage
enforcement 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 composed
predominantly of any of the following hydrocarbons or mixtures of
the same: propane, propylene, butanes (normal butane and
isobutane), and butylenes.
(2) "Person" includes any individual, firm, limited liability
company, or corporation and their affiliates.
(3) "Owner" means:
(A) any person holding a written bill of sale or other instrument
under which title to a liquefied petroleum gas container was
transferred to that person;
(B) any person holding a paid or receipted invoice showing
purchase of and payment for a liquefied petroleum gas
container;
(C) any person whose name, initials, or other identifying mark
has been plainly shown on the surface of a liquefied petroleum
gas container since September 1, 1978; or
(D) any manufacturer of a container for liquefied petroleum gas
who 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 surface
in legible characters the name, mark, initials, or other identifying
device of its owner, it is unlawful for any person except the owner or
a person authorized in writing by him:
(1) to fill or refill that container with liquefied petroleum gas or
any other gas or compound;
(2) to buy, sell, offer for sale, give, take, loan, deliver or permit
to be delivered, or otherwise use or dispose of liquefied
petroleum gas in that container; or
(3) to deface, erase, obliterate, cover up, or otherwise remove
or conceal or change the name, mark, initials, or other
identifying device of the owner or to place the name, mark,
initials, or other identifying device of any person other than the
owner on such container.
However, no written authorization shall be required during weather
emergencies or at those times when the regular supplier of liquefied
petroleum gas has failed, or is unable, to make delivery within a
reasonable 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 any
person other than the owner without the owner's written consent is
presumptive evidence of the unlawful use of that container, except
as 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 the
facts who has reason to believe that any of his liquefied petroleum
gas containers are in the possession of or are being illegally used by
any person who is not an owner of the container and who does not
have the written consent of the owner, may file a written complaint
with 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 shall
impose the punishment prescribed in this chapter and award
possession 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 that
violates 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 not
later 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 C
misdemeanor. As added by Acts 1979, P.L.232, SEC.1.
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 public
welfare and promote safety in the filling and use of pressure vessels
containing liquefied petroleum gases by implementing both the
interstate commerce commission regulations, within the state of
Indiana, and the national standards of safety on the filling of these
containers. It is necessary to insure that containers properly
constructed and tested are used, and that a liquefied petroleum gas of
suitable and safe vapor pressure be placed in these containers.
Therefore, the filling or refilling of liquefied petroleum gas
containers by other than the owner or authorized person must be
controlled and specific authority to prevent violation and encourage
enforcement 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 composed
predominantly of any of the following hydrocarbons or mixtures of
the same: propane, propylene, butanes (normal butane and
isobutane), and butylenes.
(2) "Person" includes any individual, firm, limited liability
company, or corporation and their affiliates.
(3) "Owner" means:
(A) any person holding a written bill of sale or other instrument
under which title to a liquefied petroleum gas container was
transferred to that person;
(B) any person holding a paid or receipted invoice showing
purchase of and payment for a liquefied petroleum gas
container;
(C) any person whose name, initials, or other identifying mark
has been plainly shown on the surface of a liquefied petroleum
gas container since September 1, 1978; or
(D) any manufacturer of a container for liquefied petroleum gas
who 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 surface
in legible characters the name, mark, initials, or other identifying
device of its owner, it is unlawful for any person except the owner or
a person authorized in writing by him:
(1) to fill or refill that container with liquefied petroleum gas or
any other gas or compound;
(2) to buy, sell, offer for sale, give, take, loan, deliver or permit
to be delivered, or otherwise use or dispose of liquefied
petroleum gas in that container; or
(3) to deface, erase, obliterate, cover up, or otherwise remove
or conceal or change the name, mark, initials, or other
identifying device of the owner or to place the name, mark,
initials, or other identifying device of any person other than the
owner on such container.
However, no written authorization shall be required during weather
emergencies or at those times when the regular supplier of liquefied
petroleum gas has failed, or is unable, to make delivery within a
reasonable 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 any
person other than the owner without the owner's written consent is
presumptive evidence of the unlawful use of that container, except
as 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 the
facts who has reason to believe that any of his liquefied petroleum
gas containers are in the possession of or are being illegally used by
any person who is not an owner of the container and who does not
have the written consent of the owner, may file a written complaint
with 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 shall
impose the punishment prescribed in this chapter and award
possession 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 that
violates 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 not
later 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 C
misdemeanor. As added by Acts 1979, P.L.232, SEC.1.
