55-1812.Licensure; training, inspection and safetyregulation; fees; exemption; violations; penalties.(a) The state fire marshal shall promulgate rules andregulationsto carry out the provisions of this act. Any rules and regulations of the statefire marshaladopted pursuant to this section may incorporate by reference specificeditions, or portions thereof, of nationally recognized fire prevention codes.Such rules and regulations shall include but not be limited to the following:
(1) The establishment of classes of licenses which shall be renewed on anannual basis,including, but not limited to:
(A) Class one dealer license which is required to engage in the retaildistributionof liquefied petroleum gas;
(B) class two bulk storage site license which requires the holder to reportall bulk storage facilities and locations within their operations;
(C) class three cylinder transport license which is required to operate acylinderdelivery service;
(D) class four cylinder filling license which is required to operate acylinderfilling facility, including liquefied petroleum gas cylinder filling and thesale of cylinder valves, and the operation of a liquefied petroleum gas fillingstation;
(E) class five recreational vehicle fueling license which is required to fuelrecreational vehicles or mobile fuel containers;
(F) class six cylinder exchange cabinet license which is required toestablish acylinder exchange cabinet or participate in a cylinder program;
(G) class seven self-serve liquefied petroleum gas dispensing license whichisrequired to operate a liquefied petroleum gas fueling facility; and
(H) class eight installation and service of liquefied petroleum gas systemslicense which is required to install, maintain, or modify a residential orcommercial liquefied petroleum gas distribution and utilization system.
(2) the establishment of educational requirements for each class of licenses;
(3) the establishment of inspection programs and inspection requirements forallliquefied petroleum gas facilities, operations,installations and businesses, including, but not limited to, bulk storageareas,safety information and customer records, educational requirements ofliquefied petroleum gas employees and commercial establishments and places ofpublic gatheringthat are end retail users for compliance with rules and regulations; and
(4) the establishment of codes which the state fire marshalhas determined provide adequate protection and guidance to the liquefiedpetroleum gas industry and public relating to the handling, installation,modification, delivery and use of liquefied petroleum gas and liquefiedpetroleum gas systems.
(b) The state fire marshal shall have the authority to charge and collectfees as provided in this subsection:
(1) The annual license fee for a class one dealer license shall not exceed$250 perlocation;
(2) the annual class two bulk storage site license fee shall not exceed $50per tank;
(3) the annual class three cylinder transport license fee per vehicle shallnot exceed $125 pertruck;
(4) the annual class four cylinder filling license fee per facility shall notexceed $75 perlocation;
(5) the annual class five recreational vehicle fueling license fee perfacility shall not exceed $75 perlocation;
(6) the annual class six cylinder exchange cabinet license fee per facilityshall not exceed $15 perlocation;
(7) the annual class seven self-serve liquefied petroleum gas dispensinglicense fee per facility shall not exceed $75 perlocation; and
(8) the annual class eight installation and service of liquefied petroleumgas systems license fee shall not exceed $25 per individual.
(c) A person who has earned a certificate pursuant to K.S.A. 12-1508 etseq. or 12-1541 et seq., and amendments thereto, shall be exemptfrom all licensure and training provisions of this actand all licensure and training rules and regulations adopted pursuant to thisact. Upon written request of the state fire marshal, a certificate holder shallfurnish proof of certification.
(d) In addition to any other penalty provided by law, anyperson violatingthe provisions of this act and amendments thereto or the rules and regulationsadopted pursuant to this act may incur fines in the amount not lessthan $50 nor more than $1,000 for each such violation. In the case of acontinuing violation, every day such violation continues is a separateviolation. Such fines shall be imposed pursuant to the procedures provided inthe administrative procedure act. Any fines recovered shall be remittedto the state treasurer and deposited to the credit of the state general fund.
(e) The state fire marshal shall create uniform safetyinformation whichshall be distributed on, at least an annual basis, to all licensees.
(f) (1) The fire marshal may suspend, revoke or refuse toissue or renew alicense of any liquefied petroleum gas marketer or individual licensee ascreated by this act and rules and regulations upon proof that the licensee hasviolated any provision of this act or amendments thereto, any rules andregulations or amendments thereto, or provision regarding a class of license asestablished by the state fire marshal.
(2) Proceedings to consider the suspension, revocation or refusal to renew alicense shall be conducted in accordance with the provisions of the Kansasadministrative procedure act.
History: L. 2004, ch. 111, § 6;L. 2007, ch. 67, § 1; July 1.
55-1812.Licensure; training, inspection and safetyregulation; fees; exemption; violations; penalties.(a) The state fire marshal shall promulgate rules andregulationsto carry out the provisions of this act. Any rules and regulations of the statefire marshaladopted pursuant to this section may incorporate by reference specificeditions, or portions thereof, of nationally recognized fire prevention codes.Such rules and regulations shall include but not be limited to the following:
(1) The establishment of classes of licenses which shall be renewed on anannual basis,including, but not limited to:
(A) Class one dealer license which is required to engage in the retaildistributionof liquefied petroleum gas;
(B) class two bulk storage site license which requires the holder to reportall bulk storage facilities and locations within their operations;
(C) class three cylinder transport license which is required to operate acylinderdelivery service;
(D) class four cylinder filling license which is required to operate acylinderfilling facility, including liquefied petroleum gas cylinder filling and thesale of cylinder valves, and the operation of a liquefied petroleum gas fillingstation;
(E) class five recreational vehicle fueling license which is required to fuelrecreational vehicles or mobile fuel containers;
(F) class six cylinder exchange cabinet license which is required toestablish acylinder exchange cabinet or participate in a cylinder program;
(G) class seven self-serve liquefied petroleum gas dispensing license whichisrequired to operate a liquefied petroleum gas fueling facility; and
(H) class eight installation and service of liquefied petroleum gas systemslicense which is required to install, maintain, or modify a residential orcommercial liquefied petroleum gas distribution and utilization system.
(2) the establishment of educational requirements for each class of licenses;
(3) the establishment of inspection programs and inspection requirements forallliquefied petroleum gas facilities, operations,installations and businesses, including, but not limited to, bulk storageareas,safety information and customer records, educational requirements ofliquefied petroleum gas employees and commercial establishments and places ofpublic gatheringthat are end retail users for compliance with rules and regulations; and
(4) the establishment of codes which the state fire marshalhas determined provide adequate protection and guidance to the liquefiedpetroleum gas industry and public relating to the handling, installation,modification, delivery and use of liquefied petroleum gas and liquefiedpetroleum gas systems.
(b) The state fire marshal shall have the authority to charge and collectfees as provided in this subsection:
(1) The annual license fee for a class one dealer license shall not exceed$250 perlocation;
(2) the annual class two bulk storage site license fee shall not exceed $50per tank;
(3) the annual class three cylinder transport license fee per vehicle shallnot exceed $125 pertruck;
(4) the annual class four cylinder filling license fee per facility shall notexceed $75 perlocation;
(5) the annual class five recreational vehicle fueling license fee perfacility shall not exceed $75 perlocation;
(6) the annual class six cylinder exchange cabinet license fee per facilityshall not exceed $15 perlocation;
(7) the annual class seven self-serve liquefied petroleum gas dispensinglicense fee per facility shall not exceed $75 perlocation; and
(8) the annual class eight installation and service of liquefied petroleumgas systems license fee shall not exceed $25 per individual.
(c) A person who has earned a certificate pursuant to K.S.A. 12-1508 etseq. or 12-1541 et seq., and amendments thereto, shall be exemptfrom all licensure and training provisions of this actand all licensure and training rules and regulations adopted pursuant to thisact. Upon written request of the state fire marshal, a certificate holder shallfurnish proof of certification.
(d) In addition to any other penalty provided by law, anyperson violatingthe provisions of this act and amendments thereto or the rules and regulationsadopted pursuant to this act may incur fines in the amount not lessthan $50 nor more than $1,000 for each such violation. In the case of acontinuing violation, every day such violation continues is a separateviolation. Such fines shall be imposed pursuant to the procedures provided inthe administrative procedure act. Any fines recovered shall be remittedto the state treasurer and deposited to the credit of the state general fund.
(e) The state fire marshal shall create uniform safetyinformation whichshall be distributed on, at least an annual basis, to all licensees.
(f) (1) The fire marshal may suspend, revoke or refuse toissue or renew alicense of any liquefied petroleum gas marketer or individual licensee ascreated by this act and rules and regulations upon proof that the licensee hasviolated any provision of this act or amendments thereto, any rules andregulations or amendments thereto, or provision regarding a class of license asestablished by the state fire marshal.
(2) Proceedings to consider the suspension, revocation or refusal to renew alicense shall be conducted in accordance with the provisions of the Kansasadministrative procedure act.
History: L. 2004, ch. 111, § 6;L. 2007, ch. 67, § 1; July 1.
55-1812.Licensure; training, inspection and safetyregulation; fees; exemption; violations; penalties.(a) The state fire marshal shall promulgate rules andregulationsto carry out the provisions of this act. Any rules and regulations of the statefire marshaladopted pursuant to this section may incorporate by reference specificeditions, or portions thereof, of nationally recognized fire prevention codes.Such rules and regulations shall include but not be limited to the following:
(1) The establishment of classes of licenses which shall be renewed on anannual basis,including, but not limited to:
(A) Class one dealer license which is required to engage in the retaildistributionof liquefied petroleum gas;
(B) class two bulk storage site license which requires the holder to reportall bulk storage facilities and locations within their operations;
(C) class three cylinder transport license which is required to operate acylinderdelivery service;
(D) class four cylinder filling license which is required to operate acylinderfilling facility, including liquefied petroleum gas cylinder filling and thesale of cylinder valves, and the operation of a liquefied petroleum gas fillingstation;
(E) class five recreational vehicle fueling license which is required to fuelrecreational vehicles or mobile fuel containers;
(F) class six cylinder exchange cabinet license which is required toestablish acylinder exchange cabinet or participate in a cylinder program;
(G) class seven self-serve liquefied petroleum gas dispensing license whichisrequired to operate a liquefied petroleum gas fueling facility; and
(H) class eight installation and service of liquefied petroleum gas systemslicense which is required to install, maintain, or modify a residential orcommercial liquefied petroleum gas distribution and utilization system.
(2) the establishment of educational requirements for each class of licenses;
(3) the establishment of inspection programs and inspection requirements forallliquefied petroleum gas facilities, operations,installations and businesses, including, but not limited to, bulk storageareas,safety information and customer records, educational requirements ofliquefied petroleum gas employees and commercial establishments and places ofpublic gatheringthat are end retail users for compliance with rules and regulations; and
(4) the establishment of codes which the state fire marshalhas determined provide adequate protection and guidance to the liquefiedpetroleum gas industry and public relating to the handling, installation,modification, delivery and use of liquefied petroleum gas and liquefiedpetroleum gas systems.
(b) The state fire marshal shall have the authority to charge and collectfees as provided in this subsection:
(1) The annual license fee for a class one dealer license shall not exceed$250 perlocation;
(2) the annual class two bulk storage site license fee shall not exceed $50per tank;
(3) the annual class three cylinder transport license fee per vehicle shallnot exceed $125 pertruck;
(4) the annual class four cylinder filling license fee per facility shall notexceed $75 perlocation;
(5) the annual class five recreational vehicle fueling license fee perfacility shall not exceed $75 perlocation;
(6) the annual class six cylinder exchange cabinet license fee per facilityshall not exceed $15 perlocation;
(7) the annual class seven self-serve liquefied petroleum gas dispensinglicense fee per facility shall not exceed $75 perlocation; and
(8) the annual class eight installation and service of liquefied petroleumgas systems license fee shall not exceed $25 per individual.
(c) A person who has earned a certificate pursuant to K.S.A. 12-1508 etseq. or 12-1541 et seq., and amendments thereto, shall be exemptfrom all licensure and training provisions of this actand all licensure and training rules and regulations adopted pursuant to thisact. Upon written request of the state fire marshal, a certificate holder shallfurnish proof of certification.
(d) In addition to any other penalty provided by law, anyperson violatingthe provisions of this act and amendments thereto or the rules and regulationsadopted pursuant to this act may incur fines in the amount not lessthan $50 nor more than $1,000 for each such violation. In the case of acontinuing violation, every day such violation continues is a separateviolation. Such fines shall be imposed pursuant to the procedures provided inthe administrative procedure act. Any fines recovered shall be remittedto the state treasurer and deposited to the credit of the state general fund.
(e) The state fire marshal shall create uniform safetyinformation whichshall be distributed on, at least an annual basis, to all licensees.
(f) (1) The fire marshal may suspend, revoke or refuse toissue or renew alicense of any liquefied petroleum gas marketer or individual licensee ascreated by this act and rules and regulations upon proof that the licensee hasviolated any provision of this act or amendments thereto, any rules andregulations or amendments thereto, or provision regarding a class of license asestablished by the state fire marshal.
(2) Proceedings to consider the suspension, revocation or refusal to renew alicense shall be conducted in accordance with the provisions of the Kansasadministrative procedure act.
History: L. 2004, ch. 111, § 6;L. 2007, ch. 67, § 1; July 1.
