# Title 18 — Fires

## Chapter 18-09 — Liquefied Petroleum Gas Regulation

### § 18-09-01. Liquefied petroleum gas defined.

The term "liquefied petroleum gas", as used in this chapter, means and includes any
material which is composed predominantly of any of the following hydrocarbons, or mixtures of
the same: propane, propylene, butane (normal butane or isobutane), and butylenes.
### § 18-09-02. State fire marshal to make rules.

The state fire marshal shall adopt rules setting forth minimum general standards covering
the design, construction, location, installation, and operation of equipment for storage, handling,
transporting by tank truck, tank trailer, and utilizing liquefied petroleum gases and specifying the
odorization of said gases and the degree thereof. The rules must be such as are reasonably
necessary for the protection of the health, welfare, and safety of the public and persons using
such materials and must be in substantial conformity with the generally accepted standards of
safety concerning the same subject matter. The rules must substantially comply with national
standards for the design, installation, construction of containers, and pertinent equipment for the
handling and storage of liquefied petroleum gases, such as those promulgated by the
international code council and the national fire protection association.
### § 18-09-02.1. Liquefied petroleum gas furnace or other appliance permitted in

residential or commercial building.
No state agency may by rule, resolution, or ordinance prohibit the installation in the
basement of any residential or commercial building of a furnace or other appliance that uses
liquefied petroleum gas.
### § 18-09-03. Penalty.

Any person violating any of the provisions of this chapter or of the regulations of the state
fire marshal made pursuant to it is guilty of a class B misdemeanor.
### § 18-09-04. Abatement.

In addition to the penalties provided in section 18-09-03, any person, firm, or corporation
who violates or remains in violation of any of the provisions hereof, or of any rule or regulation
promulgated by the state fire marshal hereunder, may be directed and ordered by the state fire
marshal or by the fire chief of any city or township, by notice in writing setting forth the facts
relating to such violation to correct said violation. Such notice in writing must be served
personally upon said person or mailed by registered or certified mail to the principal office of
said person, firm, or corporation or if an individual, to the individual's residence. If such order is
not complied with and such violation not corrected within twenty days of the date of service of
said order the state fire marshal or fire chief of any city or township shall file, in the district court
of the county where such person or corporation may reside or have the person's or corporation's
principal place of business or residence or where such violation occurs, a petition or complaint
setting forth the facts relating to the making and serving of such order and praying for an
injunction or an abatement, and the court upon notice and proper hearing shall make such
determination thereof as seems necessary and proper to correct the violation and secure
enforcement of said abatement order. Every order issued by the officials hereinbefore
mentioned under the provisions of this section is prima facie evidence of the truth of the matters
and things therein set forth. The court may issue such temporary orders pending full hearing as
may seem necessary and expedient. The procedures must be as prescribed for the securing of
an injunction or for the abatement of hazards in the laws of this state or under the rules and
practices of the court.
