Code of Virginia

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Code of Virginia
Title 18.2. Crimes and Offenses Generally
Chapter 12. Miscellaneous
7/23/2024

§ 18.2-494. Unlawful use of, filling or refilling, or trafficking in containers.

A. Unless a qualifying emergency is in effect, no person except the owner thereof or person authorized in writing by the owner shall fill or refill with liquefied petroleum gas, or any other gas or compound, a liquefied petroleum gas container or buy, sell, offer for sale, give, take, loan, deliver, or permit to be delivered or otherwise use, dispose of, or traffic in a liquefied petroleum gas container or containers if the container bears upon the surface thereof in plainly legible characters the name, initials, mark, or other device of the owner. Nor shall any person other than the owner of a liquefied petroleum gas container or a person authorized in writing by the owner deface, erase, obliterate, cover up, or otherwise remove or conceal any name, mark, initial, or device thereon.

B. When a qualifying emergency is in effect, a residential customer who can demonstrate that he has less than a 24-hour supply of liquefied petroleum gas shall first make a good faith effort to procure delivery of liquefied petroleum gas from the owner of the liquefied petroleum gas container. If the owner of the liquefied petroleum gas container or other person authorized in writing by the owner is unable to make a scheduled delivery or fulfill the residential customer's good faith request within 24 hours, the customer may have an emergency supplier fill, refill, or otherwise deliver liquefied petroleum gas into the customer's liquefied petroleum gas container, provided that the emergency supplier ensures that such liquefied petroleum gas container, and the devices and pipelines operated in connection with such container, have been inspected and certified as required by law. Within five business days of filling, refilling, or otherwise delivering liquefied petroleum gas to the customer's container, the emergency supplier shall give written notice to the owner of the liquefied petroleum gas container that includes (i) the name and address of the customer; (ii) the date of the filling, refilling, or delivery; and (iii) the amount of liquefied petroleum gas that was placed in the customer's container. The emergency supplier shall assume all responsibility and liability for injury to persons or property related to the emergency refilling of the liquefied petroleum gas container.

When an emergency supplier delivers liquefied petroleum gas to a residential customer pursuant to this subsection, neither such emergency supplier nor the owner of the liquefied petroleum gas container may charge any penalty or fee in addition to the filling, refilling, or delivery fees that are usually charged to other customers in the course of business during a nonemergency.

Code 1950, § 18.1-400.2; 1970, c. 442; 1975, cc. 14, 15; 2023, c. 531.

The chapters of the acts of assembly referenced in the historical citation at the end of this section may not constitute a comprehensive list of such chapters and may exclude chapters whose provisions have expired.