Effective - 28 Aug 1993
414.052. Premises utilized for sale of fuels to be safe from fire and explosion — access for inspection, search warrant — stop use order may issue, inspection — appeal of stop use order, hearing. — 1. All premises including bulk storage installations, terminals, dispensing or distributing facilities, equipment, appliances or devices utilized for the sale of products regulated by sections 414.012 to 414.152 shall be kept in such condition as to be safe from fire and explosion and not likely to cause injury to adjoining property or to the public.
2. The director shall have access during normal business hours to all places where motor fuels are marketed for the purposes of examination, inspection, taking of samples and investigation. If such access shall be refused by the owner or agent or other persons leasing the same, the director or his agent may obtain an administrative search warrant from a court of competent jurisdiction.
3. At least every six months, the director shall inspect and examine all premises in this state at or on which gasoline, gasoline-alcohol blends, diesel fuel, heating oil, kerosene and aviation turbine fuel is kept and sold at retail, provided that sales at such premises shall aggregate on an average two hundred gallons or more per month, except marine installations, which shall be tested and inspected at least once per year.
4. Failure by any owner or operator of any fuel storage or dispensing system used for the sale of petroleum products to remedy any deficit or condition which is or may constitute a fire or safety hazard to adjoining property or to the public may be reason for the director to issue a stop use order on that portion of the fuel storage or dispensing system which constitutes the fire or safety hazard. The order shall remain in effect until such time as the deficit or condition is corrected. An inspection shall be performed by the director or his authorized representative within one working day of notification that the deficit or condition has been corrected.
5. Any owner or operator of any fuel storage or dispensing system used for the sale of petroleum products aggrieved by a stop use order, may within seventy-two hours after issuance of such order, appeal to the director for an informal hearing to explain the facts. The hearing shall be held within two working days of the receipt of the appeal, with a determination of such findings by the director within twenty-four hours of the hearing. Any owner or operator aggrieved by a determination of the director may appeal to the circuit court of the county in which the owner or operator resides.
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(L. 1987 S.B. 249, A.L. 1993 S.B. 178)
Structure Missouri Revised Statutes
Title XXVI - Trade and Commerce
Chapter 414 - Fuel Regulation and Conservation
Section 414.012 - Definitions.
Section 414.022 - Preemption by the state, political subdivisions may not regulate.
Section 414.043 - MTBE content limit for gasoline, when.
Section 414.062 - Flammable liquids, containers, colors and markings.
Section 414.092 - Inspection fees — records, reports.
Section 414.122 - Common carriers of fuels, shipment records, contents.
Section 414.142 - Rules, authority, promulgation.
Section 414.152 - Violations, penalties — injunction — hearings, procedure.
Section 414.300 - Labeling of motor fuel pumps, renewable fuels — rulemaking authority.
Section 414.365 - Program established for biodiesel fuel use in MoDOT vehicles, goals, rules.
Section 414.415 - Percentage requirements, how state agencies to comply.
Section 414.420 - Commission, created, members — purpose.
Section 414.500 - Name of law.
Section 414.510 - Definitions.
Section 414.520 - Promulgation of regulations.
Section 414.550 - Director may conduct investigations — powers of director.