Introduced Version
House Bill 2468 History
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Key: Green = existing Code. Red = new code to be enacted
H. B. 2468
(By Delegate Hunt)
[Introduced February 14, 2013; referred to the
Committee on Energy, Industry and Labor, Economic
Development and Small Business then the Judiciary.]
A BILL to amend the Code of West Virginia, 1931, as amended, by
adding thereto a new section, designated §29-3-33, 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 correctness as to 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; and 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, unless they are negligent or act intentionally,
and the negligence or intentional act causes or partially
causes injury or damage.
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 section, designated §29-3-33, to read as
follows:
ARTICLE 3. FIRE PREVENTION AND CONSUMER SAFETY ACT.
§29-3-33. Certification of domestic and commercial liquefied
petroleum gas-consuming equipment installation;
adherence to manufacturer's instructions; protection
from liability for selling at retail, supplying,
handling or transporting liquefied petroleum gas.
_____(a) Domestic and commercial liquefied petroleum gas-consuming
equipment and appliances may not be installed unless their
correctness as to 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 this subsection.
_____(b) 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.
_____(c) 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.
_____(d)(1) 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:
_____(A) The injury, damage or loss was caused by the alteration,
modification or repair of liquefied petroleum gas-consuming
appliance or a liquefied petroleum gas delivery system; and
_____(B) The alteration, modification or repair was done without
the knowledge and consent of the liquefied petroleum gas seller,
supplier, handler or transporter.
_____(2) A person engaged in this state in the business of selling
at retail, supplying, handling or transporting liquefied petroleum
gas is not exempt from liability for civil damages under
subdivision (1) of this subsection if the person or his or her
agent or employee is negligent or acts intentionally, and the
negligence or intentional act causes or partially causes injury or
damage.
NOTE: The purpose of this bill is to require certification of
correctness as to design, construction and performance of domestic
and commercial liquefied petroleum gas-consuming equipment and
appliances. The bill requires the 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. The bill prohibits 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. The bill provides protection from liability
for persons engaged in the business of selling at retail,
supplying, handling or transporting liquefied petroleum gas, unless
they are negligent or act intentionally, and the negligence or intentional act causes or partially causes injury or damage.
This section is new; therefore, it has been completely
underscored.