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
Universal Citation: 16 TX Admin Code ยง 9.17
Current through Reg. 49, No. 12; March 22, 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.
(b) Company representative. A company representative shall:
(1) be an owner
or employee of the licensed entity, in the case of a licensee other than a
Category P licensee;
(2) be the
licensee's principal individual in authority and, in the case of a licensee
other than a Category P licensee, be responsible for actively supervising all
LP-gas activities conducted by the licensee, including all appliance,
container, portable cylinder, product, and system activities;
(3) have a working knowledge of the
licensee's LP-gas activities to ensure compliance with the rules in this
chapter and the Commission's administrative requirements;
(4) pass the appropriate management-level
rules examination, or, in the case of an applicant for a Category D license,
obtain an exemption as specified in §
RSA
9.13 of this title (relating to General
Installers and Repairman Exemption);
(5) complete any required training and/or
continuing education required in §
RSA
9.51 and §
RSA
9.52 of this title (relating to General
Requirements for LP-Gas Training and Continuing Education, and Training and
Continuing Education, respectively);
(6) comply with the work experience or
training requirements in subsection (e) of this section, if
applicable;
(7) be directly
responsible for all employees performing their assigned LP-gas activities,
unless an operations supervisor is fulfilling this requirement; and
(8) submit any additional information as
deemed necessary by AFS.
(c) Operations supervisors. An operations supervisor, in the case of a licensee other than a Category P licensee, shall:
(1) be an owner or employee of the
licensee;
(2) pass the applicable
management-level rules examination or, in the case of a Category D license
only, obtain an exemption as specified in §
RSA
9.13 of this title;
(3) complete any required training and/or
continuing education required in §
RSA
9.51 and §
RSA
9.52 of this title; and
(4) be directly responsible for actively
supervising the LP-gas activities of the licensee at the designated
outlet.
(d) Category P licensees.
(1) The company representative
requirement for a Category P licensee may be satisfied by employing a Category
E or J company representative if the Category E or J company representative is
authorized by the Category P licensee to remove any employee who does not
comply with the rules in this chapter or who performs unsafe LP-gas
activities.
(2) In lieu of an
operations supervisor requirement for a Category P license, the Category E or J
licensee providing the Category P licensee with portable cylinders for exchange
shall be required to:
(A) prepare a manual
containing, at a minimum, the following:
(i) a
description of the basic characteristics and properties of LP-gas;
(ii) an explanation of the various parts of
an LP-gas cylinder, including what the purpose of each part is and how to
operate the cylinder valve;
(iii)
complete instructions on how to properly transport cylinders in
vehicles;
(iv) prohibition against
moving or installing cylinder cages at any store location;
(v) a prohibition against taking or storing
inside a building any cylinders that have or have had LP-gas in them;
(vi) a requirement that all cylinders
containing LP-gas be stored in a manner so that the relief valve is in the
vapor space of the cylinder;
(vii)
a requirement that the employees who handle the cylinders know the location
within the store of the manual and know the contents of the manual;
(viii) instructions related to any potential
hazards that may be specific to a location, including but not limited to the
proper distancing of cylinders from combustible materials and sources of
ignition;
(ix) detailed emergency
procedures regarding a leaking cylinder, including all applicable emergency
contact numbers;
(x) a requirement
that any accidents be reported to the Category E or J licensee who prepares the
manual, and detailed procedures for reporting any accidents;
(xi) all Commission rules applicable to the
Category P license, including the requirement that the Category P licensee is
responsible for complying with all such rules;
(xii) all provisions of Subchapter H
("Enforcement") of Chapter 113 of the Texas Natural Resources Code;
(xiii) a detailed description of the training
provided to each employee of the Category P licensee who may be engaged in any
activities covered by the Category P license; and
(xiv) a page for the signatures, printed
names and dates of training for each individual trained at each outlet on this
manual.
(B) provide a
manual in print or electronic format at each outlet or location of the Category
P licensee; and
(C) provide
training as to the contents of the manual to each employee who may be engaged
in any activities covered by the Category P license at all outlets or locations
of the Category P licensee and maintain records regarding the employees of the
Category P licensee who have been trained.
(3) The Category P licensee shall:
(A) ensure that each employee who is involved
with the activities covered by the Category P license is knowledgeable about
the contents of the manual and has signed and dated the signature page of the
manual; and
(B) ensure that each
such employee is aware of the location of the manual and can show the manual to
employees of the Commission upon request.
(e) Work experience substitution for Category E, F, G, I, and J.
(1) The AFS director may,
upon written request, allow a conditional qualification for a Category E, F, G,
I, or J company representative or operations supervisor who passes the
applicable management-level rules examination provided that the individual
attends and successfully completes the next available Category E, F, G, I, or J
management-level training course, or a subsequent Category E, F, G, I, or J
management-level training course agreed on by the AFS director and the
applicant.
(A) The written request shall
include a description of the individual's LP-gas experience and other related
information in order that the AFS director may properly evaluate the
request.
(B) Applicants for company
representative or operations supervisor who have less than three years'
experience or experience which is not applicable to the category for which the
individual is applying shall not be granted a conditional qualification and
shall comply with the training requirements in §
RSA
9.52 of this title prior to AFS issuing a
certificate.
(2) If the
individual fails to complete the training requirements within the time granted
by the AFS director, the conditional qualification shall immediately be voided
and the individual shall immediately cease all LP-gas activities granted by the
conditional qualification.
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