Section 101.16. Liquefied petroleum gas.

 

(1)   Definitions. In this section:

(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.

(b) “Liquefied petroleum gas" means any material which is composed predominantly of, or any mixtures of, any of the following hydrocarbons including their isomers:

1. Propane.

2. Propylene.

3. Butane.

4. Butylene.

(c) “Propane gas system" means an assembly consisting of one or more containers that has a total water capacity of at least 100 gallons and a means of conveying propane gas from the container or containers to a point of connection with devices used to consume the propane gas. A “propane gas system" includes all piping and other components associated with the assembly that are used to control the quantity, flow, pressure, and physical state of the propane gas.

(d) “Retailer" means a person engaged in the business of filling containers that have a water capacity of at least 4 pounds with liquefied petroleum gas that is intended to be used directly from the containers as fuel. “Retailer" does not include a person who fills such containers with liquefied petroleum gas for the person's own use.

(2)   Rules. The department shall promulgate rules to ascertain, fix, and order such reasonable standards, rules, or regulations for the design, construction, location, installation, operation, repair, and maintenance of equipment for storage, handling, use, and transportation by tank truck or tank trailer, of liquefied petroleum gases for fuel purposes, and for the odorization of said gases used therewith, as shall render such equipment safe.

(3)   Filling, evacuating, and use of containers.

(a) Except as provided in par. (b) , no person, other than the owner of a liquefied petroleum gas container or a person authorized by the owner, may fill, refill, evacuate, or use in any other manner the container for any purpose.

(b) A retailer may evacuate a liquefied petroleum gas container not under the retailer's ownership in order to transfer the remaining liquefied petroleum gas that is in the container into a container that is under the retailer's ownership.

(3g)   License required.

(a) No retailer may distribute liquefied petroleum gas without holding a license issued by the department. The department, subject to s. 101.02 (20) and (21) , shall issue a license to be a retailer upon receiving the fee established under s. 101.19 (1g) (L) or (1m) and upon the retailer's obtaining commercial general liability insurance as required under sub. (3r) (c) . The term of the license shall be set by the department, not to exceed 2 years.

(b) The department shall publish an annual list of all retailers holding valid licenses under par. (a) .

(3r)   Commercial general liability insurance.

(a) Except as provided in par. (b) , a retailer shall 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.

(b) A retailer who only fills department of transportation cylinders or who only fills containers for engine and recreational vehicle fueling systems shall 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.

(c) A retailer may meet the insurance requirement under par. (a) or (b) by obtaining 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.

(d) A retailer who fails to maintain commercial general liability insurance as required under par. (a) or (b) may not distribute liquefied petroleum gas at retail until the insurance is obtained.

(e) Each retailer shall file with the department proof of commercial general liability insurance coverage as required under this subsection. The department shall maintain a list on the department's Internet site that contains the names of each retailer licensed under this section and the status of the retailer's commercial general liability insurance coverage.

(f) A 3rd party that issues commercial general liability insurance to a retailer for purposes of this subsection shall provide written notice to the retailer and to the department at least 60 days before canceling, revoking, suspending, or failing to renew the insurance.

(g) A retailer who cancels or fails to renew commercial general liability insurance shall notify the department at least 60 days before cancelling or failing to renew the insurance. Upon receipt of the notice, the department shall revoke the retailer's license issued under sub. (3g) .

(4)   Requirements to provide information.

(a) The person actually 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 that the design, construction, location, and installation of the equipment conforms with the rules promulgated by the department under this section.

(b)

1. A person who owns, leases, or uses a propane gas system and who is a customer of a retailer shall notify the retailer of propane gas for the propane gas system 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 retailer. The customer shall provide the notice at least 7 days in advance of the interruption in the operation of the propane gas system, except as provided in subd. 2. The retailer, or the person replacing, modifying, repairing, or servicing the propane gas system, shall perform a check for leaks or other defects in the propane gas system before placing the propane gas system back into operation in the manner required by rule.

2. If the interruption of a propane gas system subject to subd. 1. is due to emergency repair or servicing, the customer shall provide the notice to the retailer as soon as possible and no later than 24 hours after the repair or servicing is completed.

(c) Each retailer filling a container that is part of a propane gas system shall provide written notice to each customer subject to par. (b) of the customer's duty under par. (b) before the retailer's first delivery of propane gas to that customer and shall provide subsequent notices on an annual basis. The notice shall include all of the following information concerning the duty to notify under par. (b) :

1. The name, address, and telephone number of the retailer.

2. The purpose of giving the notification to the retailer.

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 gas system.

5. A copy of the provisions under s. 101.16 (4) (b) .

(5)   Penalties.

(ac) Except as provided in par. (am) , any person who violates sub. (3) or (4) or any rule promulgated under sub. (2) shall forfeit not less than $10 nor more than $1,000.

(am) Any person who intentionally violates sub. (3) or (4) or any rule promulgated under sub. (2) shall be fined not less than $25 nor more than $2,000, or shall be imprisoned not less than 30 days nor more than 6 months.

(b) Except as provided in par. (c) , any retailer who violates sub. (3g) or (3r) shall forfeit not less than $500 and not more than $1,000 for the first offense and not less than $2,000 and not more than $5,000 for each subsequent offense.

(c) Any retailer who violates sub. (3g) or (3r) shall forfeit not less than $200 and not more than $400 for the first offense and not less than $800 and not more than $2,000 for each subsequent offense if the retailer is one of the following:

1. A retailer who only fills department of transportation cylinders.

2. A retailer who only fills containers for engine and recreational vehicle fueling systems.

(cg) Paragraphs (b) and (c) do not apply to intentional violations of subs. (3g) or (3r) .

(cm) Except as provided in par. (cn) , any retailer who intentionally violates sub. (3g) or (3r) shall be imprisoned not less than 30 days and not more than 6 months or shall be fined not less than $500 and not more than $1,000 for the first offense and not less than $2,000 and not more than $5,000 for each subsequent offense.

(cn) Any retailer who only fills department of transportation cylinders or containers for engine and recreational vehicles and who intentionally violates sub. (3g) or (3r) shall be imprisoned not less than 30 days and not more than 6 months or shall be fined not less than $200 and not more than $400 for the first offense and not less than $800 and not more than $2,000 for each subsequent offense.

(cr)

1. Each day of violation of sub. (3) constitutes a separate offense.

2. Each day of violation of sub. (3g) constitutes a separate offense.

3. Each day of violation of sub. (3r) constitutes a separate offense.

4. Each day of violation of sub. (4) constitutes a separate offense.

(d) If a retailer is found in violation of sub. (3g) or (3r) , the court shall require that the retailer cease distributing liquefied petroleum gas at retail until the retailer is issued the license required under sub. (3g) .

(5m)   Civil liability.

(a) Any retailer who is licensed under sub. (3g) and who suffers damages caused by the filling of a container that is not a department of transportation cylinder by another retailer who is not so licensed may bring an action against the unlicensed retailer to do any of the following:

1. Enjoin the unlicensed retailer from distributing liquefied petroleum gas at retail until the retailer receives the required license.

2. Receive monetary damages equal to 3 times the amount of any monetary loss sustained or $2,000, whichever is greater, multiplied by each day that the unlicensed retailer is not licensed under sub. (3g) .

(b) Notwithstanding s. 814.04 (1) , a retailer who prevails in an action under par. (a) shall be awarded reasonable attorney fees.

(c) An action under this subsection shall be commenced within 180 days after the cause of action accrues or be barred.

(6)   Exemption. This section does not apply to railroads engaged in interstate commerce or to equipment used by them.

1971 c. 185 s. 1 ; Stats. 1971 s. 101.16; 2007 a. 203 ; 2009 a. 180 ; 2011 a. 209 ; 2011 a. 260 s. 81 ; 2015 a. 327 . Cross-reference: See also ss. SPS 305.73 and 340.40 , Wis. adm. code.