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9-17-105
Section 9-17-105 Permits; LP-Gas Recovery Fund; proof of insurance; surety bond; Liquefied
Petroleum Gas Board Personal Bond Fund; change of name. (a) The board may issue permits to
any person, who is a citizen of the United States or, if not a citizen of the United States,
is legally present in the United States with appropriate documentation from the federal government,
to engage in or continue the business of selling, distributing, storing, or transporting liquefied
petroleum gases and to engage in or continue the business of installing, servicing, repairing,
removing, or adjusting liquefied petroleum gas containers, tanks, or systems or to perform
magnetic, hydrostatic, visual, or X-ray inspections of liquefied petroleum gas storage containers,
cargo tanks, motor fuel containers, and cylinders in the State of Alabama; and to prescribe
the requirements of any person to obtain the permits. The board may revoke any permit issued,
for cause, in the opinion of the board. (b) The permits...
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9-17-101
Section 9-17-101 Liquefied Petroleum Gas Board - Creation; composition; meetings; rules and
regulations. (a) There is created and established the Alabama Liquefied Petroleum Gas Board.
The board shall be composed of eight members: The State Fire Marshal; the state Director of
Public Safety; the President of the Alabama Public Service Commission; four members who are
representatives of the liquefied petroleum gas retail Class A permit holders; and one member
of the general public who shall be appointed by the Governor. The membership of the board
shall be inclusive and reflect the racial, gender, geographic, urban/rural, and economic diversity
of the state. (b) Members of the board who are representatives of the liquefied petroleum
gas retail permit holders shall have been legal residents of the State of Alabama for at least
five years next preceding the date of appointment and shall have been actively engaged in
the retail distribution of liquefied petroleum gas in this state for a...
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9-17-100
Section 9-17-100 Definitions. As used in this article, the following words and phrases shall
have the following meanings, respectively, unless the context clearly indicates otherwise:
(1) AUTHORITY HAVING JURISDICTION. Alabama Liquefied Petroleum Gas Board. (2) BOARD. The Alabama
Liquefied Petroleum Gas Board. (3) BRANCH. A local unit of an LP-gas business that is one
or more of the following: a. A division or subdivision or a person doing business under a
name other than the Class A permit holder's name. b. A place where the day-to-day retail operations
of an LP-gas business are conducted and at which at least three of the following activities
occur or conditions exist: 1. Sales of appliances. 2. Orders are taken for LP-gas repair and
service. 3. Orders are taken to refill LP-gas systems either by phone or in person. 4. Employees
are present during a normal workday. 5. Is a place that requires a city or county license
to conduct business. (4) LP. Liquefied petroleum gas. (5) LPG....
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9-17-108
Section 9-17-108 Directive order of discontinuance; appeal; injunction; hearings by board;
imposition of penalties. (a) Due to the inherent nature of liquefied petroleum gas which could
cause a danger to the public or to a liquefied petroleum gas user, the board or the board
administrator shall have the administrative authority to issue a written directive order requiring
any person who violates any of the provisions of this article as amended from time to time
or any rule or regulation promulgated by the board to discontinue the operation of any LP-gas
business or LP-gas system immediately and prohibit such person from commencing operations
until said violations have been corrected. When a written directive is issued by the board
or the board administrator, it shall be immediately complied with by the recipient. When a
directive order has been issued against a person, the recipient may, within five days, appeal
to the circuit court of the county in which the said violations occurred....
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9-17-109
Section 9-17-109 Violations; records; fees; assessment and hearing; filling of containers;
installation, maintenance, etc., of appliances; damages. (a) Any person violating this article
or any rule, order, or regulation promulgated pursuant to this article shall, on conviction
thereof, be fined not more than one thousand dollars ($1,000) and may also be imprisoned in
the county jail or sentenced to hard labor for the county for not more than six months. Every
violation of this article or any rule, order, or regulation promulgated pursuant to this article
shall constitute a separate offense. (b) Every person subject to the fees imposed by Section
9-17-106 shall keep and preserve suitable records of all liquefied petroleum gas transactions
subject to fees and any other books or accounts necessary to determine the amount of fees
for which the person is liable under this article. Those records shall be retained for a period
of not less than three years, and shall include the name and...
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9-17-107
Section 9-17-107 Requirements as to storage capacity; exemption; submission of plans; construction
requirements; fees. (a) The board shall require that every applicant for a Permit A have located
within the State of Alabama a minimum of 30,000 (water gallon capacity) gallons storage capacity
for liquefied petroleum gases. Class B-1 permit holders shall be required to have a minimum
of 18,000 (water gallon capacity) gallons storage capacity of liquefied petroleum gas. (b)
If the required minimum storage consists of more than one container, then no storage container
in any installation used to meet this requirement of the law shall be a size less than 6,000
gallon (water capacity) and the storage capacity required by this section of the law shall
be within close proximity to the area serviced and used by the applicant to service the applicant's
customers in the State of Alabama. (c) The board shall require that such person shall submit
plans for the proposed bulk storage facility to the...
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9-17-106
Section 9-17-106 Permit fees; reports and payment of fees by certain end users, suppliers,
permit holders; invoice cost; exemption from Section 40-12-84. (a) Fees for Permit A and Permit
B. Every applicant for a Permit A or a Permit B, at the time of issuance, shall pay to the
board a fee of three hundred dollars ($300) and annually thereafter pay to the board a fee
of two hundred dollars ($200). Permits and fees shall be due on October 1 and delinquent after
October 31 of each year. Every person required to renew permits and pay fees who fails to
do so by the delinquent date shall incur a penalty of ten dollars ($10) for each day he or
she is delinquent in complying with this section, and the penalty shall be paid to the board
before the issuance of the permit. Delinquency shall be determined by the United States Postal
Service postmark when the date on the postmark falls on a later date than the delinquent date.
(b) Fees for Permit B-1. Every applicant at the time of issuance, shall...
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8-17-80
Section 8-17-80 Definitions. (a) The following words and phrases, when used in this article,
shall have the meanings ascribed to them in this section, except where the context clearly
indicates a different meaning: (1) AVIATION GASOLINE. Motor fuel designed for use in the operation
of aircraft other than jet aircraft, and sold or used for that purpose. (2) BIODIESEL FUEL.
Any motor fuel or mixture of motor fuels that is derived, in whole or in part, from agricultural
products or animal fats, or the wastes of such products or fats, and is advertised as, offered
for sale as, suitable for use as, or used as motor fuel in a diesel engine. (3) BLENDED FUEL.
A mixture composed of gasoline or diesel fuel and any other liquid that can be used as a motor
fuel in a highway vehicle. (4) BOARD. The Alabama Board of Agriculture and Industries. (5)
BRAND. The trade name or other designation under which a particular petroleum product is sold,
offered for sale, or otherwise identified. (6) BULK...
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25-12-7
Section 25-12-7 Exceptions. (a) This chapter shall not apply to the following boilers and pressure
vessels: (1) Boilers and pressure vessels under federal control or under regulations of Title
49 of the Code of Federal Regulations, Parts 192 and 193. (2) Pressure vessels used for transportation
and storage of compressed or liquefied gases when constructed in compliance with specifications
of the United States Department of Transportation and when charged with gas or liquid, marked,
maintained, and periodically requalified for use, as required by appropriate regulations of
the United States Department of Transportation. (3) Pressure vessels located on vehicles operating
under the rules of other state or federal authorities and used for carrying passengers or
freight. (4) Air tanks installed on the right of way of railroads and used directly in the
operation of trains. (5) Pressure vessels that do not exceed any of the following weights
and measures: a. Five cubic feet in volume and 250...
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40-23-4
Section 40-23-4 Exemptions. (a) There are exempted from the provisions of this division and
from the computation of the amount of the tax levied, assessed, or payable under this division
the following: (1) The gross proceeds of the sales of lubricating oil and gasoline as defined
in Sections 40-17-30 and 40-17-170 and the gross proceeds from those sales of lubricating
oil destined for out-of-state use which are transacted in a manner whereby an out-of-state
purchaser takes delivery of such oil at a distributor's plant within this state and transports
it out-of-state, which are otherwise taxed. (2) The gross proceeds of the sale, or sales,
of fertilizer when used for agricultural purposes. The word "fertilizer" shall not
be construed to include cottonseed meal, when not in combination with other materials. (3)
The gross proceeds of the sale, or sales, of seeds for planting purposes and baby chicks and
poults. Nothing herein shall be construed to exempt or exclude from the computation of...
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