SECTION 420:10-1-5. Permits

(a)   Permits required. No person, firm, corporation, association or other entity shall engage in the manufacturing, assembling, fabrication, installing or selling of any system, container, or apparatus to be used in this State in or for the transportation, storing, dispensing, or utilization of LPG, nor shall any transporter, distributor, or retailer of LPG store, dispense and/or transport over the highways of this State any LPG for use in this State in any system, container, apparatus or appliance without having first obtained a permit to do so as provided in this section.

(b)   Permit classifications. The permits required for engaging in business shall be divided into the following classifications:

(1)   Class I - Dealer permit. The Class I Dealer Permit permits the holder to engage in any phase of the LP Gas business. A Class X Manager's permit must be secured for the person actually in charge of an LP Gas operation at each separate branch or base of operation of a Class I permit holder. The initial permit fee for a Class I is One Thousand Dollars ($1,000.00) The annual renewal fee required to be paid for the Class I permit is Nine Hundred Dollars ($900.00).

(A)   Class I holder can go on inactive status, but will have to meet all the requirements of the permit, including paying the annual renewal fee, and having proper insurance requirements filed with the Administrator, before going back on active status. If requirements are not met the permit will then be revoked. The annual renewal fee required to be paid for a Class I permit holder on inactive status is Four Hundred Dollars ($400.00).

(B)   Applicant must furnish to the Board, evidence of the following insurance:

(i)   A minimum of $1,000,000.00 general liability insurance, as per 420:10-1-18;

(ii)   Worker's Compensation insurance shall be required as per state requirements;

(iii)   Motor vehicle insurance must meet State and Federal requirements.

(C)   Brokers/wholesalers selling LP Gas to anyone other than Class I permit holders or refinery/gas processing type facilities shall obtain a Class I permit and meet the requirements thereof, except for minimum storage and metering, when said sales are by transport bulkhead to bulkhead.

(D)   Before testing for a Class I permit, an applicant must meet the following requirements as approved by the Board:

(i)   Five (5) years experience as an active Class X Manager or equivalent; and

(ii)   Forty (40) hours of specified training.

(2)   Class II - Truck Transporter permit. The Class II Transporter Permit permits the holder to transport LP Gas as a common carrier or private carrier to another of the following: a person, firm, or corporation engaged in the production or manufacture of LP Gas and/or selling or reselling LP Gas to transporters, industrial consumers, processors, distributors, retailers, and/or to holders of Class I, III, or VI permits. A Class II permit shall not authorize the resale of LP Gas to an end-user. A Class II permit shall not be a substitute where a Class I is needed. A transport must meet all CFR 49 requirements. The initial permit fee for a Class II is One Thousand Dollars ($1,000.00). The annual fee for a Class II permit is Four Hundred Dollars ($400.00). All LP Gas transport drivers employed by a Class II permit holder are required to obtain a fuel handlers card. The annual filing fee for a fuel handlers card is Ten Dollars ($10.00).

(3)   Class III - DOT Cylinder Transporter Permit.

(A)   The Class III DOT Cylinder Transporter Permit permits the holder to operate a cylinder delivery service. The separate endorsement will be as follows: III-A, permits the holder to invoice the end-user for bulk deliveries only when the LP Gas is delivered by a Class I permit holder.

(B)   The annual fee for a Class III permit is One Hundred Fifty Dollars ($150.00). The annual fee for the separate endorsement is Three Hundred Dollars ($300.00).

(C)   All DOT cylinder transport drivers employed by a Class III permit holder are required to obtain a fuel handlers card. The annual filing fee for a fuel handlers card is Ten Dollars ($10.00).

(4)   Class IV - Installer permit.

(A)   The Class IV Installer Permit permits the holder to install and service LP Gas systems, appliances, and other LP Gas equipment. The applicant is required to have immediate supervision for two (2) weeks with a Class IV, IV-D, Class X, or a person licensed by Oklahoma Construction Industries Board with a Mechanical License, and then shall be required to pass a written examination for each separate endorsement. The endorsements will be as follows:

(i)   LP, Low Pressure systems covered by NFPA 54;

(ii)   HP, High Pressure systems covered by NFPA 58;

(iii)   RV, Recreational Vehicle systems covered by NFPA 1192;

(iv)   MC, Meter Calibration systems covered by NIST Handbook 44;

(v)   TI, Truck Inspections and Piping covered by NFPA 58 and CFR 49;

(vi)   DO, Dispenser Operator for Class IV permit holders that also dispense propane.

(B)   Exception from two (2) week training period would be anyone already licensed by Oklahoma Construction Industries Board with a Mechanical License. If the supervising person determines that the new applicant is properly trained, proper documentation of the training is on file, and a Class IV application has been forwarded to the LP Gas Administration, the applicant at that time may begin performing the duties of a Class IV permit holder until such time as the test is administered and the permit issued. This time shall not exceed thirty (30) days or the applicant shall cease to perform these duties. Current Class IV's, as of September 1, 1994, are not required to take a written exam. Upon renewal, endorsements will be based on services provided as authorized by the Administrator. The annual fee for a Class IV permit with one (1) endorsement is Seventy Dollars ($70.00). Each additional endorsement is Ten Dollars ($10.00).

(C)   Class IV permit does not permit the holder to install or service LP-Gas carburetion systems.

(D)   Any installer not under the personal and direct supervision of a Class X holder at the immediate time and location of installation shall be required to have a Class IV or IV-D permit.

(5)   Class IV-D - Driver/Installer Permit.

(A)   The Class IV-D Driver/Installer Permit permits the holder to deliver LP Gas by bobtail and install and service LP Gas systems, appliance, and other LP Gas equipment. Class IV-D permit can only be issued under a Class I permit. New applicants must be under immediate supervision from a current Class IV-D, or Class X while in a minimum of a two (2) week training period before testing. Permit holder shall be required to pass a written examination. The tests shall be given according to current policies of the LP Gas Administration. If the supervising Class X determines that the new applicant is properly trained, proper documentation of the training is on file, and a Class IV-D application has been forwarded to the LP Gas Administration, the applicant at that time may begin performing the duties of a Class IV-D permit holder until such time as the test is administered and the permit issued. This time shall not exceed thirty (30) days or the applicant shall cease to perform these duties. Current Class IV permit holders, as of September 1, 1994, properly trained in delivery of LP Gas will not be required to take the test and will be issued a IV-D permit. The annual fee for a Class IV-D is Fifty Dollars ($50.00).

(B)   Class IV-D permit does not permit the holder to install or service LP Gas carburetion systems.

(C)   Any installer not under the personal and direct supervision of a Class X holder at the immediate time and location of installation shall be required to have a Class IV or IV-D permit.

(6)   Class VI - DOT Cylinder &/or LP Gas Motor Fuel Station Operator Permit.

(A)   The Class VI DOT Cylinder and/or LP Gas Motor Fuel Station Operator Permit permits the holder to operate DOT cylinder dispensing station and/or a motor fuel dispenser for public resale. A permit is required for each DOT cylinder dispensing station and/or motor fuel station. The endorsements will be as follows:

(i)   AAG, This Attended Autogas "AAG" endorsement permits the holder to operate LP Gas dispenser stations that fill DOT cylinders and/or Attended LP Gas motor fuel refueling dispensers for resale.

(ii)   UAG, This Unattended Autogas "UAG" endorsement permits the holder to operate Unattended self-service LP Gas motor fuel dispenser stations; however, these installations require more stringent regulations than those that are attended. In addition to the requirements in this section, the permit holder shall be required to install equipment that meets or exceeds the minimum installation and performance standards described in OAC Section 420:10-1-14(28). For the purpose of defraying the cost and expenses of administering and enforcing this rule, persons, firms and corporations shall pay at the time of initial inspection a fee of Three Hundred Dollars ($300.00) for each unattended LP Gas motor fuel dispenser station. Thereafter, the annual inspection fee is One Hundred Fifty Dollars ($150.00) for each unattended LP Gas motor fuel dispenser station.

(B)   Permit holder is responsible for the safety of the dispensing operation and training and safety of the employees dispensing LP Gas. Class VI locations may not become operational until a permit has been issued. A Class VI-A LP Gas Dispensing permit must be secured for the person actually in charge of an LP Gas dispensing operation of a Class VI permit holder. A permit will not be issued until the proper fee has been paid and certificate of insurance is received by the LP Gas Administration. The annual fee for a Class VI permit is One Hundred Fifty Dollars ($150.00).

(7)   Class VI-A - LP Gas Dispensing Permit. All employees involved in dispensing LP Gas must acquire a Class VI-A permit, except a Class IV, Class IV-D, and Class X. A Class VI-A LP Gas Dispensing permit is required for a person actively in charge of LP Gas dispensing operations for the holder of a Class VI permit. All Class VI-A permit holders must be an employee of said Class VI permit holder. Class VI-A applicants must be properly trained by a Class VI or Class X on proper filling of ASME tanks and DOT cylinders, and inspection thereof per NFPA 58. Applicants shall be required to pass an approved written examination. Test shall be administered by a Safety Code Enforcement Officer, or by Class X manager. In either case, the test fee for the Class VI-A permit is Ten Dollars ($10.00). Holder must carry permit and attend the annual safety school once every year. This does not prohibit any person, firm or corporation from filling his own equipment from his own supply line, or dispensing motor fuel from an approved limited access self-service dispenser. The annual fee for a Class VI-A permit is Thirty Five Dollars ($35.00).

(8)   Class VII - Cylinder Exchange Program Permit. The Class VII Cylinder Exchange Program Permit permits the holder to participate in the cylinder exchange program. A permit is required for each cylinder exchange location. Class VII locations may not become operational until a permit has been issued. Permits will not be issued until the proper fee has been paid and certificate of insurance is received by the LP Gas Administration. The annual fee for a Class VII permit is Fifty Dollars ($50.00).

(9)   Class IX - LP Gas Container Sales Permit. The Class IX Gas Container Sales Permit permits the holder to manufacture and/or sell LP Gas containers. This permit is required by both wholesalers and retailer. The annual fee for a Class IX permit is Seventy Dollars ($70.00).

(10)   Class IX-A - Manufactured Homes and Recreation Sales Permit.

(A)   The Class IX-A Manufactured Homes and Recreation Sales Permit permits the holder to manufacture, fabricate and sell all LP Gas facilities or systems used in manufactured homes, campers, recreational vehicles and portable buildings whether such LP Gas system is manufactured, fabricated or sold separately or as an integral part of such trailer, camper, recreational vehicle or portable building. The annual fee for a Class IX-A is Seventy Dollars ($70.00).

(B)   This shall not be construed to require a permit for a sale by the owner of a manufactured home or recreational vehicle who is not engaged in such business on a commercial basis and does not make over two such sales in one year.

(11)   Class X - Manager's Permit.

(A)   A Class X Manager's permit is required for a person actively in charge of LP Gas operation for holder of Class I permit and at each separate branch or base of operation of a Class I permit. All Class X holders must be a full-time employee of said Class I holder. The annual fee for a Class X permit is One Hundred Fifty Dollars ($150.00).

(B)   Before testing for a Class X permit, an applicant must meet the following requirements as approved by the Board:

(i)   Hold an active Class IV or Class IV-D permit and employed under an active Class I Dealer for a minimum of three (3) years or equivalent; and

(ii)   One (1) year of the minimum three (3) years required experience can be satisfied with forty (40) hours of specified training.

(C)   Temporary exemptions for emergency conditions can be granted by the Administrator.

(12)   Additional permits required for employees of Class I dealers. Class IV, IV-D, VI-A, and X permits are the only additional permits that may be required for the employees of a Class I dealer, or as may be required by future Board action.

(13)   LP Gas Trailer, Bobtail or Cargo Tank inspections. For the purpose of defraying the cost and expenses of administering and enforcing this act, persons, firms and corporations shall also pay at the time of inspection an annual inspection fee of One Hundred Fifty Dollars ($150.00) for each LP Gas bobtail, MC 330 or MC 331 trailer or cargo tank that transports LP Gas in this State. All requirements imposed subsequent to these inspections must be met within thirty (30) days of the initial inspection. Failure to comply will necessitate a re-inspection at a charge of One Hundred Fifty Dollars ($150.00) for each inspection. The inspection fee shall increase to Three Hundred Dollars ($300.00) for each LP Gas bobtail, MC 330 or MC 331 trailer or cargo tank that transports LP Gas in this State if said LP Gas bobtail, MC 330 or MC 331 trailer or cargo tank is not initially inspected within sixty (60) days following the current permit expiration date, or if requirements imposed subsequent to the initial inspection are not completed within sixty (60) days of the initial inspection, whichever is later, or at the discretion of the Administrator.

(14)   Containers or cylinders. There is hereby levied the following fee, to be paid to the Administrator, upon all first sales, purchases, rentals or uses in this state of liquefied petroleum gas containers or cylinders; on all Department of Transportation (DOT) cylinders, vehicle fuel containers, a fee of Three Dollars ($3.00) each, and on all other containers, a fee of Ten Dollars ($10.00) each.

[Source: Amended at 10 Ok Reg 4081, eff 7-26-93; Amended at 12 Ok Reg 2819, eff 7-13-95; Amended at 14 Ok Reg 3175, eff 7-25-97; Amended at 16 Ok Reg 3336, eff 7-26-99; Amended at 17 Ok Reg 3159, eff 7-27-00; Amended at 19 Ok Reg 2674, eff 7-11-02; Amended at 20 Ok Reg 2667, eff 7-25-03; Amended at 21 Ok Reg 2649, eff 6-26-03 (emergency); Amended at 21 Ok Reg 2812, eff 7-11-04; Amended at 22 Ok Reg 2599, eff 7-11-05; Amended at 26 Ok Reg 2567, eff 7-11-09; Amended at 28 Ok Reg 2017, eff 7-11-11; Amended at 32 Ok Reg 2054, eff 9-11-15; Amended at 33 Ok Reg 941, eff 8-25-16; Amended at 34 Ok Reg 1758, eff 9-11-17; Amended at 35 Ok Reg 1798, eff 9-14-18; Amended at 36 Ok Reg 1483, eff 8-25-19]

Note

EDITOR’S NOTE: The agency published Agency Notes at 10 Ok Reg 4083 and 4084 and 11 Ok Reg 849 to identify language in this 7-26-93 action that was not consistent with the controlling statute.