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§ 1329.15. Preemption of municipal regulations

Purdon's Pennsylvania Statutes and Consolidated StatutesTitle 35 P.S. Health and SafetyEffective: August 19, 2002

Purdon's Pennsylvania Statutes and Consolidated Statutes
Title 35 P.S. Health and Safety (Refs & Annos)
Chapter 14A. Propane and Liquefied Petroleum Gas Act (Refs & Annos)
Effective: August 19, 2002
35 P.S. § 1329.15
§ 1329.15. Preemption of municipal regulations
(a) Rights reserved by Commonwealth.--The Commonwealth specifically reserves the sole right and ability to regulate any and all matters related to the operation of the Liquefied Petroleum Gas Industry in accordance with this act.
(b) Regulations not to conflict.--
(1) No municipality or any other political subdivision shall adopt or enforce any ordinance or regulation which differs from or conflicts in whole or in part with the provisions of this act or with the regulations promulgated under this act with regard to permits, licensing standards, fees, construction, installation, maintenance, operation, inspection, location or placement of LPG containers or LPG facilities or any other matters related to this industry within this Commonwealth, provided, further, that a municipality may not prohibit placement of any LPG container in any existing yard setback area except to establish an absolute setback of ten feet from a residential property line.
(2) A municipality shall retain the right pursuant to local zoning ordinances to require any LPG facility to locate within approved residential, industrial, commercial or other zones and to require an LPG facility to obtain zoning permits, pay zoning fees and undergo inspections related to the zoning of the LPG facility. Any building at an LPG facility shall comply with the municipal standards applied to primary structures.
(3) Except as provided in this subsection, a municipality may not prohibit or otherwise regulate the use or storage of LPG, including the location or replacement of storage tanks for LPG.
(c) Definitions.--As used in this section, “differs” or “conflicts” shall include, but not be limited to, regulation of any area not addressed in this statute.

Credits

2002, June 19, P.L. 421, No. 61, § 15, effective in 60 days.
35 P.S. § 1329.15, PA ST 35 P.S. § 1329.15
Current through 2023 Regular Session Act 1. Some statute sections may be more current, see credits for details.
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