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 Brookhaven
 Code of Ordinances
 Chapter 30. Fire Prevention
 Article XVII. Liquefied Petroleum Gases

  § 30-107. Certificates of fitness.  

Latest version.
  • A. 
    Certificates of fitness required. Except as set forth in Subsection M below, any person filling containers at locations where liquefied petroleum gas is sold and/or transferred from one vessel into another shall hold a valid certificate of fitness issued by the Chief Fire Marshal. Such certificate is subject to revocation by the Chief Fire Marshal at any time where the certificate holder displays evidence of noncompliance with the provisions of this article.
    B. 
    Application. All applications for a certificate of fitness shall be filed with the Chief Fire Marshal on forms provided by the Chief Fire Marshal and accompanied by the applicable fees.
    C. 
    Proof of qualifications. Every person applying for a certificate of fitness shall furnish satisfactory proof to the Chief Fire Marshal that he is familiar with materials, formulas, tools, techniques, standards, laws, local laws, recognized good practices, safety precautions and manufacturer's recommendations pertaining to the particular system, materials, devices or operations he will be involved with and for which the certificate of fitness is issued. He shall further prove that he is physically competent to perform any and all actions necessary or incidental to the operation for which the certificate of fitness is issued.
    D. 
    Investigation and examination. The Chief Fire Marshal shall investigate every new application for a certificate of fitness. The investigation shall include a written examination regarding the use, makeup and handling of liquefied petroleum gas, and such examination shall include a practical test. When the Chief Fire Marshal determines that the applicant conforms to all the requirements of this article, he shall issue the certificate of fitness.
    E. 
    The certificate of fitness shall be given full force and effect for a period of three years.
    F. 
    Refusal of certificate of fitness. When the Chief Fire Marshal determines that a candidate has failed an examination for a certificate of fitness, he shall refuse to issue the certificate of fitness. Any applicant may not apply again for the certificate of fitness within a ten-day period following the examination.
    G. 
    Transferability. A certificate of fitness shall not be transferable.
    H. 
    Renewal of certificate of fitness. Applications for renewal of a certificate of fitness shall be filed in the same manner as an application for an original certificate. Each such application shall be accompanied by applicable fees. The granting of a renewal of a certificate of fitness shall be accomplished in the same manner as for an original certification of fitness, except that any person continuously engaged in any activity for which a certificate of fitness is required will not, upon renewal, be required to take a written examination.
    I. 
    Certificates of fitness issued. A certificate of fitness will be required of any person performing the following activities:
    (1) 
    Filling containers permanently located and installed outdoors and equipped with appurtenances for filling by a cargo vehicle at consumer sites.
    (2) 
    Selling liquefied petroleum gas or transferring liquefied petroleum gas from one vessel into another.
    J. 
    Change of address. Each person holding a certificate of fitness shall notify the Chief Fire Marshal, in writing, of any change in his business, residential or other notification address within 10 days after such change. Failure on the part of a person to give such notification shall constitute grounds for revocation of said certificate of fitness.
    K. 
    Contents of certificate of fitness. A certificate of fitness issued by the Chief Fire Marshal shall be in the form of an identification card. Said card shall contain the following information to be valid:
    (1) 
    The purpose for which the certificate of fitness has been issued.
    (2) 
    The date of certificate of fitness issuance and the date of expiration.
    (3) 
    Other information as may be necessary to properly identify the person to whom the certificate of fitness is issued.
    (4) 
    The signature of the person to whom the certificate of fitness is issued.
    (5) 
    The name and signature of the Chief Fire Marshal who issued the certificate of fitness or the Chief Fire Marshal's name and the countersignature of his designated representative.
    (6) 
    Printed thereon, in bold type, the following: "THIS CERTIFICATE DOES NOT EXCLUSIVELY RECOMMEND THE BEARER."
    L. 
    Requirement to display certificate of fitness. Any person to whom a certificate of fitness has been granted in conformance with this article shall, upon request, produce and show proper identification and his certificate of fitness to anyone for whom he seeks to render his services or to the Chief Fire Marshal.
    M. 
    A certificate of fitness, as otherwise required by this section, shall not be required for any person selling, filling or delivering liquefied petroleum gas who is the holder of a valid commercial driver's license with a hazardous material endorsement.
    [Added 6-19-2001 by L.L. No. 17-2001, effective 6-25-2001]
Amended 7-24-2001 by L.L. No. 19-2001, effective 7-27-2001