Utah Code 53-7-315. Enforcement of part and rules
Current as of: 2024 | Check for updates
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(1) Except as provided in Subsection (6) , this part, the rules made under it, and orders issued by the board are enforced by:
For details, see Utah Code § 76-3-204
Attorney's Note
Under the Utah Code, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| class B misdemeanor | up to 6 months | up to $1,000 |
Terms Used In Utah Code 53-7-315
- Board: means the Liquefied Petroleum Gas Board created in Section
53-7-304 . See Utah Code 53-7-302 - Container: means any vessel, including cylinders, tanks, portable tanks, and cargo tanks used for transporting or storing liquefied petroleum gases, except containers subject to regulation and inspection by the Department of Transportation and under federal laws or regulations. See Utah Code 53-7-302
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Enforcing authority: means the division, the municipal or county fire department, another fire-prevention agency acting within its jurisdiction, or the building official of any city or county and his authorized representatives. See Utah Code 53-7-302
- Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
- Licensee: means a person licensed by the board to engage in the liquefied petroleum gas business. See Utah Code 53-7-302
- Liquefied petroleum gas: means any material having a vapor pressure not exceeding that allowed for commercial propane and composed predominantly of the following hydrocarbons, either by themselves or as mixtures: propane, propylene, butane, normal butane, or isobutane, and butylene, including isomers. See Utah Code 53-7-302
- LPG: means liquefied petroleum gas. See Utah Code 53-7-302
- Person: means any individual, firm, partnership, joint venture, association, corporation, estate, trust, or any other group or combination acting as a unit, and includes:(13)(a) a husband, wife, or both where joint benefits are derived from the operation of a business or activity subject to this part; and(13)(b) any state, county, municipality, or other agency engaged in a business or activity subject to this part. See Utah Code 53-7-302
- Red tag: means a card or device, red in color, containing printed notice of the condemnation of a liquefied petroleum gas system as a result of a violation of this part, or any rules or orders made by the board; the tag, when attached to the system, is official notice of condemnation and of the prohibition of further use, so long as the red tag remains lawfully affixed. See Utah Code 53-7-302
- System: means an assembly consisting of one or more containers with a means for conveying LPG from the container or containers to dispensing or consuming devices, either continuously or intermittently, and that incorporates components intended to achieve control of quantity, flow, and pressure or state, either liquid or vapor. See Utah Code 53-7-302
(1)(a) the enforcing authority, unless otherwise provided by the board; and(1)(b) the board.
(2)
(2)(a) A person who knowingly violates or fails to comply with this part is guilty of a class B misdemeanor and is punishable by a fine of not less than $50 nor more than $500.
(2)(b) A person previously convicted under Subsection (2)(a) who knowingly violates or fails to comply with this part is guilty of a class B misdemeanor and is punishable by a fine of not less than $200 nor more than $2,000.
(2)(c) Each day the violation or failure to comply continues constitutes a separate offense.
(3) The enforcing authority may enter the premises of a licensee under this part, or any building or other premises open to the public, at any reasonable time, for the purpose of determining and verifying compliance with this part and the rules and orders of the board.
(4) An enforcing authority may declare any container, appliance, equipment, transport, or system that does not conform to the safety requirements of this part or the rules or orders of the board, or that is otherwise defective, as unsafe or dangerous for LPG service, and shall attach a red tag in a conspicuous location.
(5)
(5)(a) A person who knowingly sells, furnishes, delivers, or supplies LPG for storage in, or use or consumption by, or through, a container, appliance, transport, or system to which a red tag is attached is guilty of a class B misdemeanor punishable by a fine of not less than $100 and not more than $2,000.
(5)(b) Liquefied petroleum gas shall be removed from a container to which a red tag is attached only as provided by rules made by the board.
(5)(c) An unauthorized person who knowingly removes, destroys, or in any way obliterates a red tag attached to a container, appliance, transport, or system is guilty of a class B misdemeanor punishable by a fine of not less than $50 and not more than $2,000.
(5)(d) The enforcing authority may establish and collect a fee for any services or inspections required by this part, the rules made under it, and orders issued by the board. The fee shall be reasonable and may not exceed the amount of the cost of service or inspection provided. Fees collected under this subsection may be retained by the enforcing authority, and shall be applied to the expenses of providing these services.
(6)
(6)(a) Except as provided in Subsection (6)(c) , a person who fills a leased container in violation of the terms of a written lease is liable in an action by the container lessor for the greater of:
(6)(a)(i) the actual damages to the container lessor, including incidental and consequential damages and attorneys’ fees; or
(6)(a)(ii) $500 for each violation.
(6)(b)
(6)(b)(i) The burden of ascertaining the terms of a written lease for purposes of Subsection (6)(a) is on the person filling the container.
(6)(b)(ii) A person has ascertained the terms of a written lease if he has:
(6)(b)(ii)(A) read the lease;
(6)(b)(ii)(B) received the assurance of the container owner that the lease does not prohibit the person from filling the container;
(6)(b)(ii)(C) obtained a signed, written statement from the lessee that the written lease does not prohibit the person from filling the container; or
(6)(b)(ii)(D) the leased container is clearly labelled as a container subject to lease terms prohibiting the filling of the container without the lessor’s permission.
(6)(c) If a lessee or lessor misrepresents his ownership or the terms of his written lease under Subsection (6)(b) , the lessee or lessor who made the misrepresentation, and not the person filling the tank, is liable for the damages under Subsection (6)(a) .
(7) If a written container lease entered into after May 1, 1992, restricts the right to fill a leased container, the restriction shall be plainly stated in the lease in any manner designed to draw the attention of the lessee to the lease provision, including:
(7)(a) typing the restriction in at least two point larger type than the majority of the document type;
(7)(b) underlining the restriction; or
(7)(c) typing the restriction in boldface type.
(8) A lessor whose container lease does not comply with Subsection (7) is disqualified from protection under Subsection (6) .