reglab/statecodes huggingface dataset:
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 1 - RAILROAD COMMISSION OF TEXAS › Chapter 9 - LP-GAS SAFETY RULES › Subchapter A - GENERAL REQUIREMENTS › Section 9.13 - General Installers and Repairman Exemption

Current through Reg. 49, No. 28; July 12, 2024
(a) Any individual who is currently licensed
				  as a master or journeyman plumber by the Texas State Board of Plumbing
				  Examiners or who is currently licensed with a Class A or B Air Conditioning and
				  Refrigeration Contractors License issued by the Texas Department of Licensing
				  and Regulation may register with AFS and be granted an exemption to the
				  Category D licensing and examination requirements (including insurance, and
				  training and continuing education) provided the applicant:
(1) holds an active license in compliance
				  with Texas Occupations Code, § 1302.260, relating to Issuance and Term of
				  License, and §1301.351, relating to License, Endorsement, or Registration
				  Required;
(2) submits a legible
				  copy of a current Air Conditioning and Refrigeration Contractor or Master or
				  Journeyman Plumbers certificate;
(3) submits a legible copy of a picture
				  state-issued identification card or driver's license;
(4) submits a properly completed LPG Form
				  16B; and
(5) pays the $50
				  registration fee, except as described in subsection (g) of this
				  section.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 1 - RAILROAD COMMISSION OF TEXAS › Chapter 9 - LP-GAS SAFETY RULES › Subchapter A - GENERAL REQUIREMENTS › Section 9.14 - Military Fee Exemption

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  This section applies to military service members, military veterans, or
				  military spouses, as those terms are defined in Texas Occupations Code, Chapter
				  55.
(b) The Commission shall waive
				  license and examination fees for:
(1) a
				  military service member or military veteran whose service, training, or
				  education meets the Commission's licensing or certification requirements in
				  this chapter; or
(2) a military
				  service member, military veteran, or military spouse who holds a current
				  license issued by another jurisdiction with licensing requirements
				  substantially equivalent to the Commission's licensing requirements in this
				  chapter.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 1 - RAILROAD COMMISSION OF TEXAS › Chapter 9 - LP-GAS SAFETY RULES › Subchapter A - GENERAL REQUIREMENTS › Section 9.16 - Hearings for Denial, Suspension, or Revocation of Licenses, Manufacturer Registrations, or Certificates

Current through Reg. 49, No. 28; July 12, 2024
(a) The
				  Commission may deny, suspend, or revoke a license, registration, or certificate
				  for any person who fails to comply with the rules in this chapter.
(1) If AFS determines that an applicant for
				  license, manufacturer registration, certificate, or renewal has not met the
				  requirements of the rules in this chapter, AFS shall notify the applicant in
				  writing of the reasons for the proposed denial. In the case of an applicant for
				  license, manufacturer registration, or certificate, the notice shall advise the
				  person that the application may be resubmitted within 30 calendar days of
				  receipt of the denial with all cited deficiencies corrected, or, if the person
				  disagrees with AFS' determination, that person may request in writing a hearing
				  on the matter within 30 calendar days of receipt of the notice of
				  denial.
(2) If a person resubmits
				  the application within 30 calendar days of receipt of the denial with all
				  deficiencies corrected, AFS shall issue the license, manufacturer registration,
				  certificate, or renewal as applicable.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 1 - RAILROAD COMMISSION OF TEXAS › Chapter 9 - LP-GAS SAFETY RULES › Subchapter A - GENERAL REQUIREMENTS › Section 9.17 - Designation and Responsibilities of Company Representatives and Operations Supervisors

Current through Reg. 49, No. 28; July 12, 2024
(a) Each
				  licensee shall have at least one company representative for the license and, in
				  the case of a licensee other than a Category P licensee, at least one
				  operations supervisor for each outlet.
(1) A
				  licensee maintaining one or more outlets shall file LPG Form 1 with AFS listing
				  the physical location of the first outlet and designating the company
				  representative for the license and LPG Form 1A designating the physical
				  location and operations supervisor for each additional outlet.
(2) A licensee may have more than one company
				  representative.
(3) An individual
				  may be operations supervisor at more than one outlet provided that:
(A) each outlet has a designated LP-gas
				  certified employee responsible for the LP-gas activities at that
				  outlet:
(B) the certified
				  employee's and/or operations supervisor's telephone number is posted at the
				  outlet on a sign with lettering at least 3/4-inch high, visible and legible
				  during normal business hours; and
(C) the certified employee and/or the
				  operations supervisor monitors the telephone number and responds to calls
				  during normal business hours.
(4) The company representative may also serve
				  as operations supervisor for one or more of the licensee's outlets provided
				  that the individual meets both the company representative and the operations
				  supervisor requirements in this section.
(5) A licensee shall immediately notify AFS
				  in writing upon conclusion of employment, for whatever reason, of its company
				  representative or any operations supervisor and shall at the same time
				  designate a replacement.
(6) A
				  licensee shall cease all LP-gas activities if it no longer employs a qualified
				  company representative who complies with the Commission's requirements. A
				  licensee shall not resume LP-gas activities until such time as it has a
				  properly qualified company representative or it has been granted a conditional
				  qualification as specified in subsection (e) of this section.
(7) A licensee shall cease LP-gas activities
				  at an outlet if it no longer employs a qualified operations supervisor at that
				  outlet who complies with the Commission's requirements. A licensee shall not
				  resume LP-gas activities at that outlet until such time as it has a properly
				  qualified operations supervisor or it has been granted a conditional
				  qualification as specified in subsection (e) of this section.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 1 - RAILROAD COMMISSION OF TEXAS › Chapter 9 - LP-GAS SAFETY RULES › Subchapter A - GENERAL REQUIREMENTS › Section 9.18 - Reciprocal Examination Agreements with Other States

Current through Reg. 49, No. 28; July 12, 2024
(a) AFS may accept the examination
				  requirements for LP-gas transport drivers from other states provided that the
				  qualifying state has entered into a reciprocal agreement with Texas as
				  specified in this section.
(b) A
				  state that is interested in a reciprocal agreement with Texas shall provide a
				  copy of its examination used to qualify transport drivers to AFS. AFS shall
				  provide a copy of the Texas examination to the other state's LP-gas authority.
				  The states shall review the materials to ensure that they contain substantially
				  equivalent requirements. If each state accepts the requirements of the other
				  state, both states shall sign the reciprocal agreement.
(1) The reciprocal agreement shall be in the
				  form of a letter on the official letterhead of the state requesting the
				  reciprocal agreement. The letter shall be signed and dated by an official
				  representative of the LP-gas authority in both states. For Texas, the official
				  representative shall be the AFS director.
(2) The reciprocal agreement shall remain in
				  effect until either state requests a change and may be terminated by either
				  state at any time.
(3) If either
				  state revises its examination or related requirements, it shall immediately
				  notify the other state by submitting the revised examination or related
				  requirements.
(4) AFS shall
				  maintain a current list of all states participating in reciprocal agreements, a
				  list of participating states' applicable fees, and a list of all individuals
				  who have received a reciprocal examination exemption.
(5) Copies of examinations from other
				  participating states are subject to or excepted from required disclosure in
				  accordance with Chapter 552 of the Government Code.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 1 - RAILROAD COMMISSION OF TEXAS › Chapter 9 - LP-GAS SAFETY RULES › Subchapter A - GENERAL REQUIREMENTS › Section 9.20 - Dispenser Operations Certificate Exemption

Current through Reg. 49, No. 28; July 12, 2024
An individual may perform work and directly supervise
					 LP-gas activities requiring contact with LP-gas if the individual is granted
					 the Dispenser Operations Certificate Exemption. The exemption may be obtained
					 by completing the Dispensing Propane Safely course, including examination, and
					 complying with paragraph (1) of this section or by completing a PERC-based
					 training course and examination in accordance with paragraph (2) of this
					 section.
(1) Dispenser Operations
				  Certificate Exemption through PERC.
(A) To be
				  granted a Dispenser Operations Certificate Exemption through PERC, the
				  applicant shall:
(i) submit a properly
				  completed LPG Form 16P;
(ii) submit
				  a legible copy of the PERC certificate of completion, which shall:
(I) indicate that the Dispensing Propane
				  Safely course has been completed, including a copy of the transcript listing
				  the examinations completed;
(II) be
				  issued to the individual listed on LPG Form 16P; and
(III) have a completion date after July 18,
				  2022, and within six months of the date the LPG Form 16P is
				  submitted;
(iii) submit
				  a legible copy of a state-issued identification card or driver's license,
				  including a photo; and
(iv) pay a
				  $40 registration fee.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 1 - RAILROAD COMMISSION OF TEXAS › Chapter 9 - LP-GAS SAFETY RULES › Subchapter A - GENERAL REQUIREMENTS › Section 9.21 - Franchise Tax Certification and Assumed Name Certificates

Current through Reg. 49, No. 28; July 12, 2024
(a) An applicant
				  for an original or renewal license or registered manufacturer that is a
				  corporation, limited partnership, or limited liability company shall be
				  approved to transact business in Texas by the Texas Comptroller of Public
				  Accounts. The licensee or registered manufacturer shall provide a copy of the
				  current Certificate of Account Status from the Texas Comptroller of Public
				  Accounts.
(b) All applicants for
				  license or manufacturer registration, or their corresponding renewals, shall
				  list on LPG Form 1 or LPG Form 1M all names under which LP-gas related
				  activities requiring licensing or registration as a container manufacturer are
				  to be conducted. Any company performing LP-gas activities under an assumed name
				  ("DBA" or "doing business as" ) shall file with AFS copies of the assumed name
				  certificates which are required to be filed with the respective county clerk's
				  office and/or the Secretary of State's Office.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 1 - RAILROAD COMMISSION OF TEXAS › Chapter 9 - LP-GAS SAFETY RULES › Subchapter A - GENERAL REQUIREMENTS › Section 9.22 - Changes in Ownership, Form of Dealership, or Name of Dealership

Current through Reg. 49, No. 28; July 12, 2024
(a) Changes in
				  ownership which require a new license or manufacturer registration.
(1) Transfer of dealership or outlet by sale,
				  lease, or gift. The purchaser, lessee, or donee of any dealership or outlet
				  shall have a current and valid license or manufacturer registration authorizing
				  the LP-gas activities to be performed at the dealership or outlet or shall
				  apply for and be issued an LP-gas license or manufacturer registration prior to
				  engaging in any LP-gas activities which require a license or manufacturer
				  registration. The purchaser, lessee, or donee shall notify AFS by filing a
				  properly completed LPG Form 1 or LPG Form 1M prior to engaging in any LP-gas
				  activities at that dealership or outlet which require an LP-gas license or
				  manufacturer registration, respectively.
(2) Other changes in ownership. A change in
				  members of a partnership occurs upon the death, withdrawal, expulsion, or
				  addition of a partner. Upon the death of a sole proprietor or partner, the
				  dissolution of a corporation or partnership, any change in the members of a
				  partnership, or other change in ownership not specifically provided for in this
				  section, an authorized representative of the previously existing dealership or
				  of the successor in interest shall notify AFS in writing and shall immediately
				  cease all LP-gas activities of the previously existing dealership which require
				  an LP-gas license or manufacturer registration and shall not resume until AFS
				  issues an LP-gas license or manufacturer registration to the successor in
				  interest.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 1 - RAILROAD COMMISSION OF TEXAS › Chapter 9 - LP-GAS SAFETY RULES › Subchapter A - GENERAL REQUIREMENTS › Section 9.23 - Limitation/Avoidance of Licensee Liability

Current through Reg. 49, No. 28; July 12, 2024
(a) An LP-gas licensee shall not limit or
				  avoid its liability or that of its insurer for damages proximately resulting
				  from any negligent act or acts of the licensee.
(b) An attempt to limit or avoid liability
				  before the negligent act or acts, through indemnity clauses or otherwise, shall
				  be null and void.
(c) This section
				  shall not apply to negotiations or settlements, or both, made subsequent to a
				  licensee's negligent act or acts.
(d) To the extent that any damage occurring
				  during or subsequent to any of the following acts does not proximately result
				  from any negligent act of the licensee, the licensee may limit liability based
				  upon:
(1) unauthorized, unsafe, or improper
				  application of LP-gas or any LP-gas system or equipment by any user or other
				  person;
(2) any use or operation of
				  LP-gas or any LP-gas system or equipment contrary to specific representations
				  made by any user or other person to an LP-gas licensee during or preceding
				  installation or servicing of such LP-gas system or equipment and relied upon by
				  such LP-gas licensee in selecting, designing, installing, or servicing such
				  system or equipment; or
(3) any
				  modification, change, installation, alteration, tampering, or other action by
				  any unlicensed person to or upon any LP-gas system or equipment.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 1 - RAILROAD COMMISSION OF TEXAS › Chapter 9 - LP-GAS SAFETY RULES › Subchapter A - GENERAL REQUIREMENTS › Section 9.26 - Insurance and Self-Insurance Requirements

Current through Reg. 49, No. 28; July 12, 2024
(a) A licensee or registered manufacturer
				  shall not perform any activity authorized by its license or registration under
				  §
										RSA
				  9.6 of this title (relating to License
				  Categories, Container Manufacturer Registration, and Fees) unless insurance
				  coverage required by this section is in effect. LP-gas licensees, registered
				  manufacturers, or applicants for license or manufacturer registration shall
				  comply with the minimum amounts of insurance specified in Table 1 of this
				  section or with the self-insurance requirements in subsection (i) of this
				  section, if applicable. Registered manufacturers are not eligible for
				  self-insurance. Before AFS grants or renews a manufacturer registration, an
				  applicant for a manufacturer registration shall submit the documents required
				  by paragraph (1) of this subsection. Before AFS grants or renews a license, an
				  applicant for a license shall submit either:
Attached Graphic
(1) An insurance AcordT form; or any other
				  form approved by the Texas Department of Insurance that has been prepared and
				  signed by the insurance carrier containing all required information. The forms
				  must be issued by an insurance company authorized or accepted by the Texas
				  Department of Insurance; or
(2)
				  properly completed documents demonstrating the applicant's compliance with the
				  self-insurance requirements set forth in subsection (j) of this section.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 1 - RAILROAD COMMISSION OF TEXAS › Chapter 9 - LP-GAS SAFETY RULES › Subchapter A - GENERAL REQUIREMENTS › Section 9.27 - Application for an Exception to a Safety Rule

Current through Reg. 49, No. 28; July 12, 2024
(a) A person may apply for an exception to
				  the provisions of this chapter by filing LPG Form 25 along with supporting
				  documentation, and a $50 filing fee with AFS .
(b) The application shall contain the
				  following:
(1) the section number of any rules
				  for which an exception is being requested;
(2) the type of relief desired, including the
				  exception requested and any information which may assist AFS in comprehending
				  the requested exception;
(3) a
				  concise statement of facts which support the applicant's request for the
				  exception, such as the reason for the exception, the safety aspects of the
				  exception, and the social and/or economic impact of the exception;
(4) for all stationary installations,
				  regardless of size, a description of the acreage and/or address upon which the
				  subject of the exception will be located. The description shall be in writing
				  and shall include:
(A) a site
				  drawing;
(B) sufficient
				  identification of the site so that determination of property boundaries may be
				  made;
(C) a plat from the
				  applicable appraisal district indicating the ownership of the land;
(D) the legal authority under which the
				  applicant, if not the owner, is permitted occupancy;
(5) the name, business address, and telephone
				  number of the applicant and of the authorized agent, if any; and
(6) a list of the names and addresses of all
				  interested entities as defined in subsection (c) of this section.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 1 - RAILROAD COMMISSION OF TEXAS › Chapter 9 - LP-GAS SAFETY RULES › Subchapter A - GENERAL REQUIREMENTS › Section 9.28 - Reasonable Safety Provisions

Current through Reg. 49, No. 28; July 12, 2024
If an LP-gas installation, equipment, or appurtenances not
					 specifically covered by the rules in this chapter has been or will be
					 installed, AFS may require a licensee to comply with additional or alternative
					 reasonable safety provisions to ensure the LP-gas installation is safe for
					 LP-gas service. If the affected licensee disagrees with AFS' requirements, the
					 licensee may request a hearing. The installation shall not be placed into
					 LP-gas service until the Commission has determined that the installation is
					 safe for LP-gas service.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 1 - RAILROAD COMMISSION OF TEXAS › Chapter 9 - LP-GAS SAFETY RULES › Subchapter A - GENERAL REQUIREMENTS › Section 9.31 - LP-Gas Regional Supply Emergency Response

Current through Reg. 49, No. 28; July 12, 2024
(a) The purpose of this section is to develop
				  a distribution plan to minimize the severity of disruptions in the supplies of
				  LP-gas in various regions of Texas. This section outlines the Commission's
				  mechanisms for both determining that a regional LP-gas shortage exists and
				  responding to a regional LP-gas shortage emergency.
(b) The Commission may determine that an
				  LP-gas supply emergency exists within designated counties of the state. The
				  Commission may also determine the duration of the regional supply emergency.
				  The Commission shall issue notice when it has determined that an LP-gas
				  regional supply emergency exists and when it determines that the LP-gas
				  regional supply emergency has ended or will end. In determining whether an
				  LP-gas regional supply emergency exists, the Commission may consider any
				  relevant information, including but not limited to the following:
(1) notification from LP-gas storage
				  facilities as appropriate, including, but not limited to, storage facilities
				  located at gas processing plants, pipeline terminals, petroleum refineries, and
				  inland salt domes, that they are attaining maximum LP-gas withdrawal
				  rates;
(2) notification from LP-gas
				  licensees that sufficient supplies are not available locally or that
				  curtailments are anticipated; and
(3) weather data.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 1 - RAILROAD COMMISSION OF TEXAS › Chapter 9 - LP-GAS SAFETY RULES › Subchapter A - GENERAL REQUIREMENTS › Section 9.32 - Consumer Safety Notification

Current through Reg. 49, No. 28; July 12, 2024
(a) A
				  person holding a license to install or repair an LP-gas system who sells,
				  installs, or repairs an LP-gas system, piping, or other equipment that is part
				  of a system, or an appliance that is connected or attached to a system shall
				  provide the following notice to the purchase or owner of the system, piping, or
				  other equipment or appliance: "WARNING: Flammable Gas. The installation,
				  modification, or repair of an LPG system by a person who is not licensed or
				  registered to install, modify, or repair an LPG system may cause injury, harm,
				  or loss. Contact a person licensed or registered to install, modify, or repair
				  an LPG system. A person licensed to install or repair an LPG system may not be
				  liable for damages caused by the modification of an LPG system by an unlicensed
				  person except as otherwise provided by applicable law."
(b) A person holding a license to install or
				  repair an LP-gas system who sells, installs, or repairs an LP-gas system,
				  piping, or other equipment that is part of a system, or an appliance that is
				  connected or attached to a system shall document the notice requirements in
				  subsection (a) of this section.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 1 - RAILROAD COMMISSION OF TEXAS › Chapter 9 - LP-GAS SAFETY RULES › Subchapter A - GENERAL REQUIREMENTS › Section 9.35 - Written Procedure for LP-Gas Leaks

Current through Reg. 49, No. 28; July 12, 2024
(a) Each licensee shall maintain a written
				  procedure to be followed when any employee receives notification of a possible
				  leak. The licensee shall ensure that all employees are familiar with the
				  procedure and shall authorize employees to implement the procedure without
				  management oversight. The written procedure shall be available to emergency
				  response agencies as specified in NFPA 58, §6.29.2.
(b) The written procedures shall include the
				  classification of the leak grade as defined in § 9.2 of this title
				  (relating to Definitions).
(c) The
				  procedures shall include the appropriate action criteria for the classification
				  of leak determined according to the table in this section. The examples of leak
				  conditions are provided as guidelines and are not exclusive. The judgment of
				  the company personnel at the scene is of primary importance in determining the
				  grade assigned to a leak.
Attached
					 Graphic
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 1 - RAILROAD COMMISSION OF TEXAS › Chapter 9 - LP-GAS SAFETY RULES › Subchapter A - GENERAL REQUIREMENTS › Section 9.36 - Report of LP-Gas Incident/Accident

Current through Reg. 49, No. 28; July 12, 2024
(a) At the earliest practical moment or
				  within two hours following discovery, a licensee owning, operating, or
				  servicing equipment or an installation shall notify AFS by telephone of any
				  event involving LP-gas which:
(1) caused a
				  death or any personal injury requiring hospitalization;
(2) required taking an operating facility out
				  of service;
(3) resulted in
				  unintentional gas ignition requiring an emergency response;
(4) involved the LP-gas installation on any
				  vehicle propelled by or transporting LP-gas;
(5) caused an estimated damage to the
				  property of the operator, others, or both totaling $5,000 or more, including
				  gas loss;
(6) could reasonably be
				  judged as significant because of rerouting of traffic, evacuation of buildings,
				  or media interest even though it does not meet paragraphs (1) - (5) of this
				  subsection; or
(7) is required to
				  be reported to any other state or federal agency (such as the Texas Department
				  of Public Safety or the United States Department of Transportation).
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 1 - RAILROAD COMMISSION OF TEXAS › Chapter 9 - LP-GAS SAFETY RULES › Subchapter A - GENERAL REQUIREMENTS › Section 9.37 - Termination of LP-Gas Service

Current through Reg. 49, No. 28; July 12, 2024
(a) If
				  AFS determines that any LP-gas container or installation constitutes an
				  immediate danger to the public health, safety, and welfare, AFS shall require
				  the immediate removal of liquid and vapor LP-gas and/or the immediate
				  disconnection by a properly licensed company to the extent necessary to
				  eliminate the danger. This may include appliances, equipment, or any part of
				  the system including the servicing container. A warning tag shall be installed
				  by AFS until the unsafe condition is remedied. Once the unsafe condition is
				  corrected, the tag may be removed if authorized by AFS.
(b) If AFS determines that any LP-gas
				  container or installation does not comply with the Texas Natural Resources
				  Code, Chapter 113, or the rules in this chapter, but does not constitute an
				  immediate danger to the public health, safety, and welfare, AFS shall take
				  action to ensure that the container or installation comes into compliance as
				  soon as practicable. AFS action may include the placement of a warning tag.
				  Once the container or installation complies with Texas Natural Resources Code,
				  Chapter 113, and the rules in this chapter, AFS may remove or delegate the
				  removal of the warning tag.
(c) If
				  the affected entity disagrees with the removal from service and/or placement of
				  a warning tag, the entity may request a review of AFS' decision within 10
				  calendar days. AFS shall notify such entity of its finding, in writing, stating
				  the deficiencies, within 10 business days. If the entity disagrees, the entity
				  may request or AFS on its own motion may call a hearing. Such installation
				  shall be brought into compliance or removed from service until such time as the
				  final decision is rendered by the Commission.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 1 - RAILROAD COMMISSION OF TEXAS › Chapter 9 - LP-GAS SAFETY RULES › Subchapter A - GENERAL REQUIREMENTS › Section 9.38 - Reporting Unsafe LP-Gas Activities

Current through Reg. 49, No. 28; July 12, 2024
(a) A person may report any unsafe or
				  noncompliant LP-gas activities to AFS by mail, telephone, email, or fax. When
				  possible, the person shall make the report using LPG Form 22. Within five
				  business days of receipt of such report, AFS shall notify the alleged
				  non-compliant party in writing regarding the report and specify the reported
				  non-compliant installation and/or activities.
(b) The Commission may release the person's
				  name in accordance with applicable open records procedures.
(c) A person who reports unsafe LP-gas
				  activities may be called to testify at a Commission hearing if one is necessary
				  following the initiation of an enforcement action.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 1 - RAILROAD COMMISSION OF TEXAS › Chapter 9 - LP-GAS SAFETY RULES › Subchapter A - GENERAL REQUIREMENTS › Section 9.41 - Testing of LP-Gas Systems in School Facilities

Current through Reg. 49, No. 28; July 12, 2024
(a) Definitions. The following words and
				  terms, when used in this section, have the following meanings, unless the
				  context clearly indicates otherwise:
(1)
				  Leakage test--An operation performed on a school LP-gas system using LP-gas as
				  the test medium at not more than normal operating pressure and a gauging
				  instrument measuring gas pressure in psig, ounces/square inch, or inches of
				  water column to verify there is no gas leakage.
(2) School district--An entity created under
				  the laws of this state and accredited by the Texas Education Agency under Texas
				  Education Code, Chapter 39, Subchapter D; a private elementary or secondary
				  school, other than a school in a residence; or a state or regional school for
				  the blind and visually impaired or the deaf created under Texas Education Code,
				  Chapter 30.
(3) School district
				  facility--Each building or structure operated by a school district and equipped
				  with a school LP-gas system, in which students receive instructions or
				  participate in school sponsored extracurricular activities, excluding
				  maintenance or bus facilities, vehicle fueling facilities, administrative
				  offices, and similar facilities not regularly used by students.
(4) School LP-gas system--All piping,
				  fittings, valves, regulators, appliance connectors, equipment, and connections
				  supplying fuel gas from the outlet of the shutoff valve at each LP-gas storage
				  container or upstream of each meter to the shutoff valve(s) on each appliance
				  in a school district facility.
(5)
				  Supplier--An individual or company that sells and delivers LP-gas to a school
				  district facility. If more than one individual or company sells and delivers
				  LP-gas to a school district facility, each individual or company is a supplier
				  for purposes of this section.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 1 - RAILROAD COMMISSION OF TEXAS › Chapter 9 - LP-GAS SAFETY RULES › Subchapter A - GENERAL REQUIREMENTS › Section 9.51 - General Requirements for LP-Gas Training and Continuing Education

Current through Reg. 49, No. 28; July 12, 2024
(a) In addition to
				  complying with NFPA 58, §§4.4 and 11.2, individuals shall comply with
				  the training and continuing education requirements in this chapter.
(b) Applicants for new certificates, as set
				  forth in §
										RSA
				  9.8 of this title (relating to Requirements
				  and Application for a New Certificate) and persons holding existing
				  certificates or a Dispenser Operations certificate exemption shall comply with
				  the training or continuing education requirements in this chapter. Any
				  individual who fails to comply with the training or continuing education
				  requirements by the assigned deadline may regain certification by paying the
				  nonrefundable course fee and satisfactorily completing an authorized training
				  or continuing education course within two years of the deadline. In addition to
				  paying the course fee, the person shall pay any fee or late penalties to
				  AFS.
(c) The training requirements
				  apply to:
(1) applicants for Category D, E,
				  F, G, I, J, K, or M management-level certificates; and
(2) applicants for the following
				  employee-level certifications:
(A) bobtail
				  driver;
(B) DOT cylinder
				  filler;
(C) recreational vehicle
				  technician;
(D) service and
				  installation technician;
(E)
				  appliance service and installation technician; and
(F) motor/mobile fuel filler.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 1 - RAILROAD COMMISSION OF TEXAS › Chapter 9 - LP-GAS SAFETY RULES › Subchapter A - GENERAL REQUIREMENTS › Section 9.52 - Training and Continuing Education

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  Training. Individuals identified in §
										RSA
				  9.51<subdiv>(c)</subdiv> of this
				  title (relating to General Requirements for LP-Gas Training and Continuing
				  Education) shall complete training.
(1)
				  Available training courses.
(A) The 2.1
				  Dispenser Operations course covers proper filling and handling of ASME
				  motor/mobile fuel containers, appurtenances, DOT cylinders, and dispenser
				  operations.
(B) The 2.3 Bobtail
				  Operations course covers federal and state regulations that apply to hazardous
				  material transportation, the operation of propane delivery vehicles, and the
				  rules in this chapter, including NFPA 54 and NFPA 58, which apply to LP-gas
				  installations.
(C) The 3.2
				  Residential System Installation course covers the requirements for proper
				  installation and start-up of a residential propane system, including correct
				  appliance operation.
(D) The 3.3
				  Appliance Conversion, Installation and Venting course covers the requirements
				  for converting, installing, and venting of propane gas appliances.
(E) The 3.8 Recreational Vehicle Gas
				  Appliances course covers servicing of recreational vehicles' LP-gas systems and
				  appliances.
(F) The 16-hour
				  Category F, G, I, and J course covers ASME motor/mobile fuel containers,
				  appurtenances, DOT cylinders, the operations of a dispenser to fill tanks and
				  cylinders, and applicable LP-gas requirements for obtaining a Category F, G, I
				  or J management-level certificate.
(G) The 80-hour Category E course covers all
				  the material in courses 2.1, 2.3, 3.2, 3.3 and 3.8, and the Commission's rules
				  in this chapter, including NFPA 54 and NFPA 58.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 1 - RAILROAD COMMISSION OF TEXAS › Chapter 9 - LP-GAS SAFETY RULES › Subchapter A - GENERAL REQUIREMENTS › Section 9.54 - Commission-Approved Outside Instructors

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  General.
(1) AFS may approve and award
				  training or continuing education credit for the management-level and
				  employee-level applicants and certificate holders specified in this section
				  offered by an outside instructor provided the outside instructor complies with
				  the requirements of this section.
(A)
				  Authorized Category D outside instructors may offer only the applicable
				  training and continuing education courses to Category D or K management-level
				  applicants or certificate holders and to service and installation technician
				  and appliance service and installation technician employee-level applicants or
				  certificate holders.
(B) Authorized
				  Category E outside instructors may offer only the applicable training and
				  continuing education courses to Category D or K management-level applicants and
				  to DOT cylinder filler, motor/mobile fuel filler, bobtail driver, service and
				  installation technician, and appliance service and installation technician
				  applicants and employee-level certificate holders.
(C) Authorized Category I outside instructors
				  may offer only the applicable training and continuing education courses to DOT
				  cylinder filler and motor/mobile fuel filler applicants and employee-level
				  certificate holders.
(D) Authorized
				  Category M outside instructors may offer only the applicable training and
				  continuing education courses to Category M management-level applicants and
				  recreational vehicle technician employee-level applicants or certificate
				  holders.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 1 - RAILROAD COMMISSION OF TEXAS › Chapter 9 - LP-GAS SAFETY RULES › Subchapter A - GENERAL REQUIREMENTS › Section 9.55 - PERC-Based Training

Current through Reg. 49, No. 28; July 12, 2024
(a) General. AFS may
				  award training and certification or continuing education credit to DOT cylinder
				  filling or motor/mobile fuel filler employee-level applicants and certificate
				  holders for PERC-based courses administered by an approved company provided the
				  company complies with the requirements of this section.
(1) The PERC-based course shall be consistent
				  with the guidelines established by the PERC Dispensing Propane Safely
				  course.
(2) The PERC-based
				  materials may consist of recorded video materials approved under this
				  section.
(3) An LP-gas licensee may
				  offer courses to its own employees provided that the PERC-based course complies
				  with the requirements of this section.
(4) All PERC-based course curriculum and
				  course materials shall:
(A) meet the
				  requirements of subsection (c) of this section;
(B) be submitted to AFS for review;
				  and
(C) be organized and easily
				  readable.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 1 - RAILROAD COMMISSION OF TEXAS › Chapter 9 - LP-GAS SAFETY RULES › Subchapter B - LP-GAS INSTALLATIONS, CONTAINERS, APPURTENANCES, AND EQUIPMENT REQUIREMENTS › Section 9.101 - Filings Required for Stationary LP-Gas Installations

Current through Reg. 49, No. 28; July 12, 2024
(a) General requirements. No LP-gas container
				  shall be placed into LP-gas service or an installation operated or used in
				  LP-gas service until the requirements of this section, as applicable, are met
				  and the facility is in compliance with all applicable rules in this chapter and
				  statutes. LP-gas systems under the jurisdiction of DOT Safety regulations in 49
				  CFR Parts 192 and 199, and Part 40 shall comply with Chapter 8 of this title
				  (relating to Pipeline Safety Regulations) prior to implementation of
				  service.
(b) Commercial
				  installations with an aggregate water capacity of less than 10,000 gallons.
(1) Within 30 calendar days following the
				  completion of a container installation, the licensee shall submit LPG Form 501
				  to AFS stating:
(A) the installation fully
				  complies with the statutes and the rules in this chapter;
(B) all necessary Commission licenses,
				  certificates, and permits have been issued; and
(C) the date the installation has been placed
				  into LP-gas service.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 1 - RAILROAD COMMISSION OF TEXAS › Chapter 9 - LP-GAS SAFETY RULES › Subchapter B - LP-GAS INSTALLATIONS, CONTAINERS, APPURTENANCES, AND EQUIPMENT REQUIREMENTS › Section 9.102 - Notice of Stationary LP-Gas Installations

Current through Reg. 49, No. 28; July 12, 2024
(a) For a proposed installation with an
				  aggregate water capacity of 10,000 gallons or more, an applicant shall send a
				  copy of the filings required under §
										RSA
				  9.101<subdiv>(c)</subdiv> of this
				  title (relating to Filings Required for Stationary LP-Gas Installations) by
				  certified mail, return receipt requested or otherwise delivered, to all owners
				  of real property situated within 500 feet of any proposed container location at
				  the same time the originals are filed with AFS.
(1) AFS shall consider the notice to be
				  sufficient when the applicant has provided evidence that copies of a complete
				  application have been mailed or otherwise delivered to all real property
				  owners.
(2) The applicant may
				  obtain names and addresses of owners from current county tax rolls.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 1 - RAILROAD COMMISSION OF TEXAS › Chapter 9 - LP-GAS SAFETY RULES › Subchapter B - LP-GAS INSTALLATIONS, CONTAINERS, APPURTENANCES, AND EQUIPMENT REQUIREMENTS › Section 9.103 - Objections to Proposed Stationary LP-Gas Installations

Current through Reg. 49, No. 28; July 12, 2024
(a) Each owner of real property receiving
				  notice of a proposed installation pursuant to §
										RSA
				  9.102<subdiv>(a)</subdiv> of this
				  title (relating to Notice of Stationary LP-Gas Installations) shall have 18
				  calendar days from the date the notice is postmarked to file a written
				  objection with AFS using the LPG Form 500A sent to them by the applicant. An
				  objection is considered timely filed when it is actually received by the
				  Commission.
(b) AFS shall review
				  all objections within 10 business days of receipt. An objection shall be in
				  writing and shall include a statement of facts showing that the proposed
				  installation:
(1) does not comply with the
				  rules in this chapter, specifying which rules are violated;
(2) does not comply with the statutes of the
				  State of Texas, specifying which statutes are violated; or
(3) constitutes a danger to the public
				  health, safety, and welfare, specifying the exact nature of the danger. For
				  purposes of this section, "danger" means an imminent threat or an unreasonable
				  risk of bodily harm, but does not mean diminished property or esthetic values
				  in the area.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 1 - RAILROAD COMMISSION OF TEXAS › Chapter 9 - LP-GAS SAFETY RULES › Subchapter B - LP-GAS INSTALLATIONS, CONTAINERS, APPURTENANCES, AND EQUIPMENT REQUIREMENTS › Section 9.107 - Hearings on Stationary LP-Gas Installations

Current through Reg. 49, No. 28; July 12, 2024
(a) Reason for hearing. AFS shall request a
				  public hearing if:
(1) the notice given to
				  each real property owner situated within 500 feet of the proposed installation
				  does not meet the requirements set forth in §
											RSA
				  9.102<subdiv>(a)</subdiv> of this
				  title (relating to Notice of Stationary LP-Gas Installations);
(2) AFS receives an objection that complies
				  with §
											RSA
				  9.103 of this title (relating to Objections
				  to Proposed Stationary LP-Gas Installations); or
(3) AFS determines that a hearing is
				  necessary to investigate the impact of the installation.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 1 - RAILROAD COMMISSION OF TEXAS › Chapter 9 - LP-GAS SAFETY RULES › Subchapter B - LP-GAS INSTALLATIONS, CONTAINERS, APPURTENANCES, AND EQUIPMENT REQUIREMENTS › Section 9.108 - Interim Approval Order for Stationary LP-Gas Installations

Current through Reg. 49, No. 28; July 12, 2024
If the Commission finds after a public hearing that the
					 proposed installation complies with the rules in this chapter and the statutes
					 of the State of Texas, and does not constitute a danger to the public health,
					 safety, and welfare, the Commission shall issue an interim approval order. The
					 construction of the installation and the setting of the container shall not
					 proceed until the applicant has received written notification of the interim
					 approval order. Any interim approval order shall include a provision that such
					 approval may be suspended or revoked if:
(1) the applicant has introduced LP-gas into
				  the system prior to final approval;
(2) a physical inspection of the installation
				  indicates that it is not installed in compliance with the submitted plan
				  drawing for the installation, the rules in this chapter or the statutes of the
				  State of Texas; or
(3) the
				  installation constitutes a danger to the public health, safety, and
				  welfare.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 1 - RAILROAD COMMISSION OF TEXAS › Chapter 9 - LP-GAS SAFETY RULES › Subchapter B - LP-GAS INSTALLATIONS, CONTAINERS, APPURTENANCES, AND EQUIPMENT REQUIREMENTS › Section 9.109 - Physical Inspection of Stationary LP-Gas Installations

Current through Reg. 49, No. 28; July 12, 2024
(a) Aggregate water capacity of 10,000
				  gallons or more. The applicant shall notify AFS in writing when the
				  installation is ready for inspection.
(1) If
				  any non-compliance items are cited at the time of AFS' initial inspection, the
				  installation shall not be placed in LP-gas service until the non-compliance
				  items are corrected, as determined at the time of inspection depending on the
				  nature of the non-compliance items cited.
(2) If AFS does not physically inspect the
				  facility within 30 calendar days of receipt of notice that the facility is
				  ready for inspection, the facility may operate conditionally until the initial
				  inspection is completed.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 1 - RAILROAD COMMISSION OF TEXAS › Chapter 9 - LP-GAS SAFETY RULES › Subchapter B - LP-GAS INSTALLATIONS, CONTAINERS, APPURTENANCES, AND EQUIPMENT REQUIREMENTS › Section 9.110 - Emergency Use of Proposed Stationary LP-Gas Installations

Current through Reg. 49, No. 28; July 12, 2024
When there is an immediate need for LP-gas supply under
					 emergency circumstances, AFS may waive the requirement for the initial
					 inspection for a limited time period in order to meet the emergency need.
					 LP-gas shall not be introduced into the container and it shall not be placed
					 into LP-gas service until AFS grants permission to do so.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 1 - RAILROAD COMMISSION OF TEXAS › Chapter 9 - LP-GAS SAFETY RULES › Subchapter B - LP-GAS INSTALLATIONS, CONTAINERS, APPURTENANCES, AND EQUIPMENT REQUIREMENTS › Section 9.113 - Installation and Maintenance

Current through Reg. 49, No. 28; July 12, 2024
In addition to NFPA 58 §6.21.1, all LP-gas storage
					 containers, valves, dispensers, accessories, piping, transfer equipment, gas
					 utilization equipment, and appliances shall be installed and maintained in safe
					 working order and in accordance with the manufacturer's instructions and the
					 rules in this chapter. If any one of the LP-gas storage containers, valves,
					 dispensers, accessories, piping, transfer equipment, gas utilization equipment,
					 and appliances is not in safe working order, AFS may require that the
					 installation be immediately removed from LP-gas service and not be operated
					 until the necessary repairs have been made.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 1 - RAILROAD COMMISSION OF TEXAS › Chapter 9 - LP-GAS SAFETY RULES › Subchapter B - LP-GAS INSTALLATIONS, CONTAINERS, APPURTENANCES, AND EQUIPMENT REQUIREMENTS › Section 9.114 - Odorizing and Reports

Current through Reg. 49, No. 28; July 12, 2024
(a) Odorization
				  shall comply with NFPA 58, §4.2.
(b) If AFS determines that there may be
				  insufficient odorization, AFS may require testing. If testing is deemed
				  necessary, AFS shall notify the necessary parties in writing as soon as
				  possible. The written notification will advise which entity is responsible for
				  having the tests performed and paying for the tests to be conducted. The
				  testing shall be performed by a recognized testing laboratory equipped for and
				  experienced in testing of odorization and, if requested, a copy of the test
				  results shall be provided to AFS.
(c) The person or facility odorizing the gas
				  or the operator of an automatic loading rack shall be responsible for the
				  odorization.