Bill Text: WV HB4227 | 2014 | Regular Session | Introduced
Bill Title: Requiring certification of correctness as to design, construction and performance of domestic and commercial liquefied petroleum gas-consuming equipment
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2014-01-17 - To House Industry and Labor [HB4227 Detail]
Download: West_Virginia-2014-HB4227-Introduced.html
H. B. 4227
(By Delegate Hunt)
[Introduced January 17, 2014; referred to the
Committee on Industry and Labor 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 for 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 CONTROL 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.
