323.020. Commission to promulgate standards, rulemaking procedure--conformity with national standards.

MISSOURI STATUTES AND CODES

323.020. Commission to promulgate standards, rulemaking procedure--conformity with national standards.

Commission to promulgate standards, rulemaking procedure--conformitywith national standards.

323.020. 1. The commission shall make, promulgate and enforceregulations setting forth general standards covering the design,construction, location, installation and operation of equipment forstoring, handling, transporting by tank truck, tank trailer, and utilizingliquefied petroleum gases and specifying the odorization of such gases andthe degree thereof. The regulations shall be such as are reasonablynecessary for the protection of the health, welfare and safety of thepublic and persons using such materials, and shall be in substantialconformity with the generally accepted standards of safety concerning thesame subject matter. Such regulations shall be adopted by the commissionpursuant to chapter 536, RSMo. Any rule or portion of a rule, as that termis defined in section 536.010, RSMo, that is promulgated under theauthority of this chapter, shall become effective only if the authority hasfully complied with all of the requirements of chapter 536, RSMo, includingbut not limited to section 536.028, RSMo, if applicable, after January 1,1999. All rulemaking authority delegated prior to January 1, 1999, is ofno force and effect and repealed as of January 1, 1999, however nothing inthis act shall be interpreted to repeal or affect the validity of any ruleadopted and promulgated prior to January 1, 1999. If the provisions ofsection 536.028, RSMo, apply, the provisions of this section arenonseverable and if any of the powers vested with the general assemblypursuant to section 536.028, RSMo, to review, to delay the effective date,or to disapprove and annul a rule or portion of a rule are heldunconstitutional or invalid, the purported grant of rulemaking authorityand any rule so proposed and contained in the order of rulemaking shall beinvalid and void, except that nothing in this act shall affect the validityof any rule adopted and promulgated prior to January 1, 1999.

2. Except as specifically provided in subsection 1 of section323.060, regulations in substantial conformity with the published standardsof the National Board of Fire Underwriters for the design, installation andconstruction of containers and pertinent equipment for the storage andhandling of liquefied petroleum gases as recommended by the National FireProtection Association shall be deemed to be in substantial conformity withthe generally accepted standards of safety concerning the same subjectmatter.