Ohio Fire Code
Unauthorized Filling of Propane Containers
In 1997 OPGA officials asked the State Fire Marshall to adopt a revision to Ohio’s container law that would make it illegal to remove propane from someone else’s tank. For many years it has been illegal to fill another’s container, but technically not illegal to remove product.
The Fire Marshall agreed with OPGA’s contention that due to safety considerations only the owner or his representatives should be able to either fill or remove propane from a container and he filed such a rule with the Ohio General Assembly’s Joint Committee on Agency Rule Review (JCARR).
This rule is now “Law of the Land” in Ohio!
The rule became effective January 1, 1998
As amended versions of the Ohio Administrative Code (also known as Ohio Fire Code) were approved, the law has move to a different location in the OAC. The container law is now located in OAC 1301: 7-7-38 Liquefied Petroleum Gases in Section 3807.5 and reads as follows:
3807.5 Transfer. Transfer of LP-gas to and from a container shall be conducted with permission of the owner of the container.
Enforcement of this law is a local matter in the hands of the local Fire Chief. A propane dealer whose tank has been filled or evacuated by a third party files a complaint with the Fire Chief. The Fire Chief can issue a citation to the offending party and can attach a civil penalty to it. If the perpetrator knowingly violated the law, the Fire Chief can request that the prosecutor file a criminal action against the offender.