Effective - 28 Aug 2007
323.060. Retail distributors to be registered — nonresidents to comply — immunity from liability, when — exemptions. — 1. No person or company shall engage in this state in the business of selling at retail of liquefied petroleum gas or in the business of handling or transportation of liquefied petroleum gas over the highways of this state without having first registered with the commission. Registration must be in the appropriate class as determined by the director.
2. No person or company shall engage in this state in the business of installing, modifying, repairing, or servicing equipment and appliances for use with liquefied petroleum gas without having first registered with the commission. Registration must be in the appropriate classes as determined by the director.
3. Nonresidents of the state of Missouri desiring to engage in the business of distribution of liquefied petroleum gases at retail, or the business of installing, repairing or servicing equipment and appliances for use of liquefied petroleum gases, shall comply with sections 323.005 to 323.110 and rules and regulations promulgated hereunder.
4. No person registered pursuant to this section and engaged in this state in the business of selling at retail of liquefied petroleum gas or in the business of handling or transportation of liquefied petroleum gas over the highways of this state shall be liable for actual or punitive civil damages for injury to persons or property that result from any occurrence caused by the installation, modification, repair, or servicing of equipment and appliances for use with liquefied petroleum gas by any other person unless such registered person had received written notification or had other actual knowledge of such installation, modification, repair, or servicing of equipment and appliances and failed to inspect such installation, modification, repair, or servicing of equipment and appliances within thirty days after receipt of such notice or actual knowledge.
5. Nothing in this section is intended to limit the liability of any person for any damages that arise directly from the gross negligence or willful or wanton acts of such person.
6. All utility operations of public utility companies subject to the safety jurisdiction of the public service commission are exempt from the provisions of this section.
7. Persons who only sell liquefied petroleum gas in containers having a capacity of fifty pounds or less that have been filled by another person registered under this chapter are exempt from the provisions of this chapter.
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(L. 1963 p. 427, A.L. 1994 S.B. 782, A.L. 1998 S.B. 619, A.L. 1999 S.B. 479, A.L. 2002 S.B. 984 & 985, A.L. 2005 S.B. 182, A.L. 2007 H.B. 426)