Rule 120-3-16-.03 - Licenses; Fees and other Requirements(1) Except as provided herein, no person shall manufacture, distribute, sell or store for sale or transportation, liquefied petroleum gas without a license issued by the Safety Fire Division in accordance with this Chapter.(2) Only Georgia dealers or owners with a valid license issued by the Safety Fire Division in accordance with this Chapter shall introduce liquefied petroleum gas into a container at any location in the state for storage or dispensing of liquefied petroleum for sale or transportation.(3) The required one-time license fee pursuant to O.C.G.A. Section 25-2-4.1 shall be submitted with the license application and shall be payable to the Safety Fire Commissioner.(4) No license shall be required for: (a) The sale or storage of liquefied petroleum gas in containers meeting DOT specifications and having a maximum water capacity of two and one half (2.5) pounds, such as those used with self-contained hand torches, camp stoves, and similar appliances.(b) Cylinder exchange and dispensing operations conducted by licensed Georgia Dealers at their bulk plants with a current license. Dealers shall provide a listing of locations of the cylinder exchange racks/cages for inspection and compliance with Chapter 8 of NFPA 58 and other applicable codes.(c) Ultimate consumer operations.(5) Every entity who desires to be licensed to sell or distribute liquefied petroleum gas in this state shall have located within the state and within close proximity to the area serviced in Georgia storage capacity for a minimum of 30,000 water gallons, except that entities initially licensed prior to July 1, 1990, may continue to operate with the previously approved 18,000 gallons storage facility. If the 30,000 gallon capacity consists of more than one container, then no storage container used to meet this requirement shall be of a size less than 6,000 gallons. Any person who desires a liquefied petroleum gas dealer license as authorized by O.C.G.A. Title 10, Chapter 1, Article 10 and who has not yet acquired the required storage facility may enter into a bulk storage lease agreement with such qualified person on the forms provided by the Safety Fire Division. Such agreement shall be made in triplicate and the license fee shall be the same as stated in subparagraph (3) of this rule. If the required storage facility is leased or rented, then such storage capacity must be dedicated to the exclusive use of the lessee and must include separate piping and loading/unloading facilities.(6) Prior to obtaining a license for any of the activities listed in subsection (1) of this Rule, all persons shall furnish the Safety Fire Division with evidence of and shall thereafter maintain the following insurance coverage with an insurer authorized to do business in this State or an insurer regulated pursuant to O.C.G.A. Title 33, Chapter 5, if insurance cannot be obtained from an insurer authorized to do business in this State:(a) General liability including products and completed operations: 1. $1,000,000 combined single limits if the capacity is more than 2,000 gallons.2. $500,000 combined single limits if the capacity is 2,000 gallons or less.(b) Motor vehicle liability (when applicable): $1,000,000 combined single limits.(c) An insurer which provided such coverage shall notify the Commissioner of any change in coverage.(7) The name under which a person is licensed shall appear on all delivery tickets, delivery vehicles, and storage facilities. Nothing herein shall prohibit the use of trademarks, symbols or logos in addition to the licensee's name. Nothing herein shall prohibit the use of cash register receipts without the name of the business at portable DOT cylinder filling facilities.(8) Any license issued pursuant to this Chapter may be suspended or revoked by the Safety Fire Division in accordance with O.C.G.A. Section 10-1-269.Ga. Comp. R. & Regs. R. 120-3-16-.03
O.C.G.A. §§ 10-1-263, 25-2-3, 25-2-4, 25-2-16.
Original Rule entitled "Definitions"adopted. F. Jan. 29, 1968; eff. Apr. 1, 1968, as specified by the Agency.Repealed: New Rule entitled "Licenses; Fees and Other Requirements"adopted. F. Nov. 10, 1980; eff. Nov. 30, 1980.Repealed: New Rule of same title adopted. F. June 3, 1987; eff. June 25, 1987, a specified by the Agency.Repealed: New Rule of same title adopted. F. Dec. 3, 1990; eff. Jan. 1, 1991, as specified by the Agency.Amended: F. Oct. 16, 1992; eff. Nov. 5, 1992.Repealed: New Rule of same title adopted. F. Aug. 6, 1998; eff. Aug. 26, 1998.Repealed: New Rule of same title adopted. F. July 23, 2003; eff. August 12, 2003.Repealed: New Rule of the same title adopted. F. Jan. 7, 2010; eff. Jan. 27, 2010.Repealed: New Rule of the same title adopted. F. July 24, 2015; eff. August 13, 2015.Amended: F. Dec. 13, 2019; eff. Jan. 1, 2020, as specified by the Agency.