COMMITTEE SUBSTITUTE
FOR
Senate Bill No. 498
(By Senator Minard)
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[Originating in the Committee on Government Organization;
reported February 23, 2007.]
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A BILL to amend the Code of West Virginia, 1931, as amended, by
adding thereto a new article, designated §47-10A-1, §47-10A-2,
and §47-10A-3, all relating to liquefied petroleum gas-
consuming equipment and appliances and the business of selling
at retail, supplying, handling or transporting certain types
of liquefied petroleum gas; requiring certification of design,
construction and performance of domestic and commercial
liquefied petroleum gas-consuming equipment and appliances;
requiring installation of liquefied petroleum gas-consuming
appliances, equipment or other components of a liquefied
petroleum gas delivery system in accordance with the
instructions of the manufacturer of the appliance, equipment
or component; prohibiting the alteration, modification,
maintenance or repair of liquefied petroleum gas-consuming
appliances, equipment or other components of a liquefied
petroleum gas delivery system unless done in accordance with the instructions of the manufacturer; providing protections
from liability for persons engaged in the business of selling
at retail, supplying, handling or transporting liquefied
petroleum gas for acts in which they did not participate;
requiring compliance by any person who installs, fuels,
maintains or services any fuel gas system to a one- or two-
family dwelling; and providing exemption for the owner of a
single-family dwelling who resides in such dwelling.
Be it enacted by the Legislature of West Virginia:
That the Code of West Virginia, 1931, as amended, be amended
by adding thereto a new article, designated §47-10A-1, §47-10A-2,
and §47-10A-3, all to read as follows:
ARTICLE 10A. LIQUIFIED PETROLEUM GAS.
§ 47-10A-1. Certification of domestic and commercial liquefied
petroleum gas-consuming equipment installation
.
Domestic and commercial liquefied petroleum gas-consuming
equipment and appliances may not be installed unless their as to
the design, construction, and performance is certified by:
(1) A nationally recognized testing agency adequately equipped
and competent to perform the services evidenced by the attachment
of its seal or label to the liquefied petroleum gas appliances.
This agency must be one which maintains a program of national
inspection of production models of liquefied petroleum gas
appliances, at least once each year on the manufacturer's premises; or
(2) By the American Gas Association Laboratories, as evidenced
by the attachment of its listing symbol or approval seal to
liquefied petroleum gas appliances and a certificate or letter
certifying approval under the above-mentioned requirements. A
listing by Underwriters' Laboratories, Inc., is considered
compliance with the provisions of this subsection.
§ 47-10A-2. Adherence to manufacturer's instructions.
(a) A person may not install liquefied petroleum gas-consuming
appliances, equipment or other components of a liquefied petroleum
gas delivery system unless the installation is made in accordance
with the instructions of the manufacturer of the appliance,
equipment or component.
(b) A person may not alter, modify, maintain or repair
liquefied petroleum gas-consuming appliances, equipment or other
components of a liquefied petroleum gas delivery system unless the
alteration, modification, maintenance or repair is made in
accordance with the instructions of the manufacturer of the
appliance, equipment or component.
§ 47-10A-3. Protection from civil liability.
A person engaged in this state in the business of selling at
retail, supplying, handling or transporting liquefied petroleum gas
is not liable for civil damages for injury to persons or property
if the injury, damage or loss was caused by:
(1) The alteration, modification or repair of liquefied
petroleum gas-consuming equipment or a liquefied petroleum
gas-consuming appliance if the alteration, modification or repair
was done without the knowledge of the liquefied petroleum gas
seller, supplier, handler or transporter; or
(2) The use of liquefied petroleum gas-consuming equipment or
a liquefied petroleum gas-consuming appliance in a manner or for a
purpose other than that for which the equipment or appliance was
intended and that could reasonably have been expected.
§ 47-10A-4. One or two family dwellings.
(a) Notwithstanding any statutory or regulatory provisions to
the contrary, any person who installs, fuels, maintains or services
any fuel gas system to a one or two family dwelling shall comply
with the provisions of this article and rules promulgated under
this article relating to fuel gas systems.
(b) This section does not apply to the owner of a single
family dwelling who resides in such dwelling.
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