Section SPS 305.73 - Liquefied gas suppliers(1) GENERAL. (a) Pursuant to s. 101.16(3g) (a), Stats., as of August 1, 2009, no person may engage in the business of filling containers with liquefied petroleum gas that is intended to be used directly from the containers as fuel, unless the person holds a license issued by the department as a licensed liquefied gas supplier or liquefied gas supplier - restricted, except as provided under either of the following conditions: 1. The business is engaged in only filling containers that have a water capacity of less than 4 pounds.2. The filling of the containers with liquefied petroleum gas is for the person's or the entity's own use.(b) A person who holds a license as a licensed liquefied gas supplier - restricted shall be limited to filling only department of transportation cylinders with liquefied petroleum gas. Note: Under s. 101.16(1) (c), Stats., a "department of transportation cylinder" means a container that holds liquefied petroleum gas and that meets the specifications established by the federal department of transportation.
(2) APPLICATION FOR LICENSE. A person applying for a liquefied gas supplier or a liquefied gas supplier - restricted license shall submit all of the following:(a) An application in accordance with s. SPS 305.01.(b) An application fee and a license fee in accordance with s. SPS 305.02, Table 305.02.(3) QUALIFICATIONS FOR LICENSE. (a) A person applying for either a liquefied gas supplier or a liquefied gas supplier - restricted license shall, as required under s. 101.16(3r) (c), Stats., obtain commercial general liability insurance as an endorsement to an existing policy or as a separate policy from an insurer, or a risk retention group, that is licensed to transact the business of insurance in this state or that is eligible to provide insurance as a surplus lines insurer in one or more states.(b) The person applying for either a liquefied gas supplier or a liquefied gas supplier - restricted license shall be the owner of the contracting business, a partner in the contracting business applying on behalf of a partnership, or the chairman of the board or chief executive officer applying on behalf of the contracting corporation.(4) RESPONSIBILITIES. (a) A person who holds either a liquefied gas supplier or liquefied gas supplier - restricted license shall maintain commercial general liability insurance in accordance with s. 101.16(3r) (a) or (b), Stats. Note: Except as provided in s. 101.16(3r) (b), Stats., s. 101.16(3r) (a), Stats., requires a licensed liquefied gas supplier or liquefied gas supplier - restricted to maintain commercial general liability insurance in the amount of $1,000,000 per occurrence with an annual aggregate of $2,000,000 for compensating 3rd parties for bodily injury and property damages for incidents associated with the release of liquefied petroleum gas.
Section 101.16(3r) (b), Stats., requires a licensed liquefied gas supplier or liquefied gas supplier - restricted who only fills department of transportation cylinders or who only fills containers for engine and recreational vehicle fueling systems to maintain commercial general liability insurance in the amount of $500,000 per occurrence with an annual aggregate of $1,000,000 for compensating 3rd parties for bodily injury and property damages for incidents associated with the release of liquefied petroleum gas.
(b) Pursuant to s. 101.16(3r) (g), Stats., a person who holds either a liquefied gas supplier or liquefied gas supplier - restricted license shall notify the department at least 60 days before cancelling or failing to renew commercial general liability insurance. Note: Section 101.16(3r) (f), Stats., requires a 3rd party that issues commercial general liability insurance to a licensed liquefied gas supplier or liquefied gas supplier - restricted to provide written notice to the licensee and to the department at least 60 days before canceling, revoking, suspending, or failing to renew the insurance.
(c) Pursuant to s. 101.16(4) (c), Stats., a person who holds either a liquefied gas supplier or a liquefied gas supplier - restricted license and fills a container that is part of a propane gas system shall provide written information notices to customers in accordance with s. 101.16(4) (c), Stats. Note: Section 101.16(4) (c), Stats., requires a licensed liquefied gas supplier or liquefied gas supplier - restricted filling a container that is part of a propane gas system to provide written notice to the customer of the customer's duty to timely notify the licensee of any interruption in the operation of the propane gas system due to the replacement, modification, repair, or servicing of the propane gas system by any person other than the licensee. The notice is required to be provided to the customer before the first delivery of propane gas to the customer and subsequently on an annual basis. The notice is required to include all of the following information concerning the customer's duty to notify:
1. The name, address, and telephone number of the licensee.2. The purpose of giving the notification to the licensee.3. A description of the type of propane gas system that is subject to the notification requirement.4. A description of the types of activities that constitute a replacement, modification, repair, or servicing of a propane system.5. A copy of the provisions under s. 101.16(4) (b), Stats. Note: Section 101.16(4) (a), Stats., The person performing the work of installing equipment utilizing liquefied petroleum gas for fuel purposes shall furnish the user of the equipment a statement, the form of which shall be prescribed by the department showing the design, construction, location, and installation of the equipment conforms with the rules promulgated by the department under this section.
(5) RENEWAL. (a) A person may renew his or her liquefied gas supplier or liquefied gas supplier - restricted license.(b) A liquefied gas supplier or a liquefied gas supplier - restricted license shall be renewed in accordance with s. SPS 305.07.Wis. Admin. Code Department of Safety and Professional Services SPS 305.73
CR 08-092: cr. Register May 2009 No. 641, eff. 6-1-09; correction in (2) (a), (b), (5) (b) made under s. 13.92(4) (b) 7, Stats., Register December 2011 No. 672.Amended by, CR 16-092: am. (3) (a), (4) (a), (b) Register August 2017 No. 740, eff. 9/1/2017