Header:
TEXAS ADMINISTRATIVE CODE
TITLE 16. ECONOMIC REGULATION
PART 1. RAILROAD COMMISSION OF TEXAS
CHAPTER 9. LP-GAS SAFETY RULES
SUBCHAPTER A. GENERAL REQUIREMENTS
Date:
08/31/2009
Document:
16 TAC § 9.7 (2011)
§ 9.7. Application for License and License Renewal Requirements
(a) No person shall perform work, directly supervise LP-gas activities, or be employed in any capacity requiring contact with LP-gas unless:
(1) that individual has taken and passed any applicable rules examination specified in § 9.10 of this title (relating to Rules Examination) and in § 9.17 of this title (relating to Designation and Responsibilities of Company Representatives and Operations Supervisors);
(2) the individual is in compliance with the training and continuing education requirements beginning in § 9.51 of this title (relating to General Requirements for Training and Continuing Education), except for a trainee described in § 9.12 of this title (relating to Trainees);
(3) prior to performing authorized LP-gas activities in Texas, the individual is employed by a licensee or by a license-exempt entity, such as a political subdivision or a state agency; or
(4) the individual holds a current examination exemption certificate pursuant to § 9.13 of this title (relating to General Installers and Repairman Exemption) and is therefore exempt from the requirements of this subsection.
(b) A person exempt from licensing as authorized by Texas Natural Resources Code, § 113.081(b), shall not engage in any LP-gas activities in commerce or in business without first obtaining a license.
(c) A state agency or institution, county, municipality, school district, or other governmental subdivision is exempt from licensing requirements as provided in § 113.081(g) if the entity is performing work for itself on its own behalf, but is required to be licensed to perform work for or on behalf of a second party.
(d) Licensees, company representatives, and operations supervisors at each outlet shall have copies of all current licenses and certification cards for employees at that location available for inspection during regular business hours. In addition, licensees shall maintain a current version of the LP-Gas Safety Rules and shall provide at least one copy to each company representative and operations supervisor. The copies shall be available to employees during business hours.
(e) Licenses issued under this chapter expire one year after issuance at midnight on the last day of the month prior to the month in which they are issued.
(f) An applicant for a new license shall file with the License and Permit Section of the Gas Services Division (the Section):
(1) a properly completed LPG Form 1 listing all names under which LP-gas related activities requiring licensing are to be conducted and, for licensees engaging in LP-gas product activities as defined in Texas Natural Resources Code, § 113.081(a)(4), including a 24-hour emergency response telephone number. Any company performing LP-gas activities under an assumed name ("DBA" or "doing business as" name) shall file 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 with the Section; and
(2) LPG Form 16 or 16B and any of the following applicable forms:
(A) LPG Form 1A if the applicant will establish any outlets;
(B) LPG Form 7 and any information requested in § 9.202 of this title (relating to Registration and Transfer of LP-Gas Transports or Container Delivery Units) if the applicant intends to register any LP-gas transports or container delivery units;
(C) LPG Form 19 if the applicant will be transferring the operation of an existing bulk plant, service station, cylinder filling, or portable cylinder exchange rack installation from another owner or name;
(D) LPG Form 996A or 996B if the applicant is required to carry workers' compensation; and the applicant shall also comply with § 9.26 of this title (relating to Insurance Requirements);
(E) LPG Form 997A or 997B if the applicant will operate a transport or container delivery unit; and the applicant shall also comply with § 9.26; and/or
(F) LPG Form 998A or 998B if the applicant is required to carry general liability; and the applicant shall also comply with § 9.26;
(3) pay the following fees:
(A) the applicable license fee specified in § 9.6 of this title (relating to Licenses and Fees);
(B) transport registration fees specified in § 9.202 of this title (relating to Registration and Transfer of LP-Gas Transports or Container Delivery Units), if the applicant for license intends to operate a transport or container delivery unit; and
(C) the nonrefundable management-level rules examination fee specified in § 9.10 of this title (relating to Rules Examination); and
(D) the nonrefundable fee for any required training course as specified in § 9.51 of this title (relating to General Requirements for Training and Continuing Education).
(g) An applicant for license shall not engage in LP-gas activities governed by the Texas Natural Resources Code, Chapter 113, and the LP-Gas Safety Rules, until it has employed a company representative and/or operations supervisor who has passed the management-level rules examination specified in § 9.10 of this title (relating to Rules Examination) with a score of at least 75% and who has completed any required training in § 9.51 and § 9.52 of this title (relating to General Requirements for Training and Continuing Education; and Training and Continuing Education Courses), or who has obtained a General Installers and Repairman Exemption as specified in § 9.13 of this title (relating to General Installers and Repairman Exemption). Company representatives and operations supervisors shall also comply with § 9.17 of this title (relating to Designation and Responsibilities of Company Representatives and Operations Supervisors).
(h) For license renewals, the Section shall notify the licensee in writing at the address on file with the Section of the impending license expiration at least 30 calendar days before the date a person's license is scheduled to expire. The renewal notice shall include copies of LPG Forms 1, 1A, and 7, whichever are applicable, showing the information currently on file. Renewals shall be submitted to the Section with any necessary changes clearly marked on the forms. Licensees engaging in LP-gas product activities as defined in Texas Natural Resources Code, § 113.081(a)(4), shall include on LPG Form 1 a 24-hour emergency response telephone number, if not previously submitted, along with the license renewal fee specified in § 9.6 of this title (relating to Licenses and Fees) and any applicable transport registration fee specified in § 9.202 of this title (relating to Registration and Transfer of LP-Gas Transports or Container Delivery Units) on or before the last day of the month in which the license expires in order for the licensee to continue LP-gas activities. Failure to meet the renewal deadline set forth in this section shall result in expiration of the license. If a person's license expires, that person shall immediately cease performance of any LP-gas activities authorized by the license. After verification, if the licensee has met all other requirements for licensing, the Section shall renew the license, and the person may resume LP-gas activities.
(1) If a person's license has been expired for 90 calendar days or fewer, the person shall submit a renewal fee that is equal to 1 1/2 times the renewal fee required by § 9.6 of this title (relating to Licenses and Fees). Upon receipt of the renewal fee, the Section shall verify that the person's license has not been suspended, revoked, or expired for more than one year. After verification, if the licensee has met all other requirements for licensing, the Section shall renew the license, and the person may resume LP-gas activities.
(2) If a person's license has been expired for more than 90 calendar days but less than one year, the person shall submit a renewal fee that is equal to two times the renewal fee required by § 9.6 of this title. Upon receipt of the renewal fee, the Section shall verify that the person's license has not been suspended, revoked, or expired for more than one year. After verification, if the licensee has met all other requirements for licensing, the Section shall renew the license, and the person may resume LP-gas related activities.
(3) If a person's license has been expired for one year or more, that person shall not renew, but shall comply with the requirements for issuance of an original license.
(4) A person who was licensed in this state, moved to another state, and is currently licensed and has been in practice in the other state for the two years preceding the date of application may obtain a new license without reexamination. The person shall pay to the Section a fee that is equal to two times the renewal fee required by § 9.6 of this title.
(A) As a prerequisite to licensing pursuant to this provision, the person shall submit, in addition to an application for licensing, proof of having been in practice and licensed in good standing in another state continuously for the two years immediately preceding the filing of the application;
(B) A person licensed under this provision shall be required to comply with all requirements of licensing other than the examination requirement, including but not limited to the insurance requirements as specified in § 9.26 of this title (relating to Insurance Requirements) and the continuing education and training requirements as specified in § 9.51 of this title (relating to General Requirements for Training and Continuing Education).
(i) Applicants for license or license renewal in the following categories shall comply with these additional requirements:
(1) An applicant for a Category A license or renewal shall file with the Section for each of its outlets legible copies of:
(A) its current Department of Transportation (DOT) authorization. A licensee shall not continue to operate after the expiration date of the DOT authorization; and/or
(B) its current American Society of Mechanical Engineers (ASME) Code, Section VIII certificate of authorization.
(2) An applicant for a Category B or O license or renewal shall file with the Section a properly completed LPG Form 505 certifying that the applicant will follow the testing procedures indicated. The company representative designated on the licensee's LPG Form 1 shall sign the LPG Form 505.
(3) An applicant for Category A, B, or O license or renewal who tests tanks, subframes LP-gas cargo tanks, or performs other activities requiring DOT registration shall file with the Section a copy of any applicable current DOT registrations. Such registration shall comply with Title 49, Code of Federal Regulations, Part 107 (Hazardous Materials Program Procedures), Subpart F (Registration of Cargo Tank and Cargo Tank Motor Vehicle Manufacturers and Repairers and Cargo Tank Motor Vehicle Assemblers).
|