Current through Reg. 49, No. 12; March 22, 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.
(B) AFS will review the application to verify
all requirements have been met.
(i) If errors
are found or information is missing on the application or other documents, AFS
shall notify the applicant of the deficiencies in writing.
(ii) The applicant must respond with the
required information and/or documentation within 30 days of the written notice.
Failure to respond by the deadline will result in withdrawal of the
application.
(iii) If all
requirements have been met, the individual will become a DOT cylinder filler
and motor/mobile fuel filler certificate holder as addressed in §
RSA
9.10<subdiv>(d)(1)(F) and
(d)(1)(J)</subdiv> of this title, respectively,
(relating to Rules Examination) and AFS shall send a certificate to the
licensee.
(2)
Dispenser Operations Certificate Exemption through a PERC-based course.
(A) Any individual who completes an approved
PERC-based course will be granted a Dispenser Operations Certificate Exemption
provided the report required in § 9.55(h) of this title (relating to
PERC-Based Training) is submitted. The course shall include training and
examination. If all requirements have been met, the individual will become a
DOT cylinder filler and motor/mobile fuel filler certificate holder as
addressed in §
RSA
9.10<subdiv>(d)(1)(F) and
(d)(1)(J)</subdiv> of this title, respectively,
and AFS shall send a certificate to the licensee listed on the
report.
(B) AFS may refuse to issue
or renew a certificate for an individual who presents for credit an unapproved
course; a course from an unapproved company; or a course using unapproved,
incomplete, or incorrect materials.
(3) The Dispenser Operations Certificate
Exemption does not become effective until the certificate is issued by
AFS.
(4) Certificate holders issued
a Dispenser Operations Certificate exemption shall comply with the rules in
this chapter, including the following rules:
(A)
§
RSA
9.135 of this title (relating to Unsafe or
Unapproved Containers, Cylinders, or Piping);
(B)
§
RSA
9.136 of this title (relating to Filling of
DOT Containers);
(C)
§
RSA
9.137 of this title (relating to Inspection
of Cylinders at Each Filling);
(D)
§
RSA
9.141<subdiv>(d) and (g)</subdiv>
of this title (relating to Uniform Safety Requirements); and
(E) the entry for NFPA 58 §7.4.3.1 in
the Figure in §
RSA
9.403 of this title (relating to Sections in
NFPA 58 Not Adopted by Reference, and Adopted with Changes or Additional
Requirements).
(5) The
certificate accrues to the individual and is nontransferable. An individual who
has been issued a certificate shall make the certificate readily available and
shall present it to any Commission employee or agent who requests proof of
certification.
(6) Each individual
shall:
(A) comply with all applicable
continuing education requirements 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);
(B) comply with renewal requirements in
§
RSA
9.9 of this title (relating to Requirements
for Certificate Holder Renewal); and
(C) be employed by a licensee or a
license-exempt entity in accordance with §
RSA
9.7 of this title (relating to Application
for Licenses, Manufacturer Registrations, and Renewals.
(7) Failure to comply with the renewal
requirements in §
RSA
9.9 of this title shall result in the
expiration of the certificate. If an individual's exemption has been expired
for more than two years, that individual shall complete all requirements
necessary to apply for a new certificate.
(8) A military service member, military
veteran, or military spouse shall be exempt from the original registration fee
pursuant to the requirements in §
RSA
9.14 of this title (relating to Military Fee
Exemption). An individual who receives a military fee exemption is not exempt
from renewal fees specified in §
RSA
9.9 of this title.