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.

MISSOURI STATUTES AND CODES

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.

Premises utilized for sale of fuels to be safe from fire andexplosion--access for inspection, search warrant--stop use ordermay issue, inspection--appeal of stop use order, hearing.

414.052. 1. All premises including bulk storageinstallations, terminals, dispensing or distributing facilities,equipment, appliances or devices utilized for the sale ofproducts regulated by sections 414.012 to 414.152 shall be keptin such condition as to be safe from fire and explosion and notlikely to cause injury to adjoining property or to the public.

2. The director shall have access during normal businesshours to all places where motor fuels are marketed for thepurposes of examination, inspection, taking of samples andinvestigation. If such access shall be refused by the owner oragent or other persons leasing the same, the director or hisagent may obtain an administrative search warrant from a court ofcompetent jurisdiction.

3. At least every six months, the director shall inspectand examine all premises in this state at or on which gasoline,gasoline-alcohol blends, diesel fuel, heating oil, kerosene andaviation turbine fuel is kept and sold at retail, provided thatsales at such premises shall aggregate on an average two hundredgallons or more per month, except marine installations, whichshall be tested and inspected at least once per year.

4. Failure by any owner or operator of any fuel storage ordispensing system used for the sale of petroleum products toremedy any deficit or condition which is or may constitute a fireor safety hazard to adjoining property or to the public may bereason for the director to issue a stop use order on that portionof the fuel storage or dispensing system which constitutes thefire or safety hazard. The order shall remain in effect untilsuch time as the deficit or condition is corrected. Aninspection shall be performed by the director or his authorizedrepresentative within one working day of notification that thedeficit or condition has been corrected.

5. Any owner or operator of any fuel storage or dispensingsystem used for the sale of petroleum products aggrieved by astop use order, may within seventy-two hours after issuance ofsuch order, appeal to the director for an informal hearing toexplain the facts. The hearing shall be held within two workingdays of the receipt of the appeal, with a determination of suchfindings by the director within twenty-four hours of the hearing.Any owner or operator aggrieved by a determination of thedirector may appeal to the circuit court of the county in whichthe owner or operator resides.