Current through Reg. 49, No. 12; March 22, 2024
(a) In addition to
complying with NFPA 54 §4.1, no person may engage in any LP-gas activity
until that person has obtained a license from the Commission authorizing the
LP-gas activities, except as follows:
(1) A
person is exempt from licensing under Texas Natural Resources Code §
RSA
113.081<subdiv>(b)</subdiv> but
is required to obtain a license before engaging in any LP-gas activities in
commerce or in business.
(2) A
state agency or institution, county, municipality, school district, or other
governmental subdivision is exempt from licensing requirements as provided by
§113.081(g) if the entity is performing LP-gas activities on its own
behalf but is required to obtain a license if performing LP-gas activities for
or on behalf of a second party.
(3)
An original manufacturer of a new motor vehicle powered by LP-gas, or a
subcontractor of a manufacturer who produces a new LP-gas powered motor vehicle
for the manufacturer is not subject to licensing requirements but shall comply
with all other rules in this chapter.
(4) An ultimate consumer is not subject to
licensing requirements if performing LP-gas activities dealing only with the
ultimate consumer; however, a license is required to register a transport,
bobtail, or cylinder delivery unit. An ultimate consumer's license does not
require a fee or a company representative.
(b) An applicant for license shall not engage
in any LP-gas activities until it has employed a company representative who
meets the requirements of §
RSA
9.17 of this title (relating to Designation
and Responsibilities of Company Representatives and Operations Supervisors), or
for Category D applicants only, who meets the requirements of §
RSA
9.17 of this title or has obtained a General
Installers and Repairman Exemption as specified in §
RSA
9.13 of this title (relating to General
Installers and Repairman Exemption).
(c) Licensees, registered manufacturers,
company representatives, and operations supervisors at each outlet shall have
copies of all current licenses and/or manufacturer registrations and
certificates for employees at that location available for inspection during
regular business hours. In addition, licensees and registered manufacturers
shall maintain a current version of the rules in this chapter and shall provide
access to these rules for each company representative and operations
supervisor. The rules shall also be available to employees during business
hours.
(d) Licenses and
manufacturer registrations 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.
(e) If a license
or registration expires, the person shall immediately cease LP-gas
activities.
(f) An applicant for a
new license shall submit to AFS:
(1) a
properly completed LPG Form 1 listing all names under which LP-gas related
activities requiring licensing are to be conducted and the applicant's properly
qualified company representative and the following forms or documents as
applicable:
(A) LPG Form 1A if the applicant
will operate any outlets pursuant to subsection (g) of this section;
(B) LPG Form 7 and any information requested
in §
RSA
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 licensee;
(D) any form
required to comply with §
RSA
9.26 of this title (relating to Insurance and
Self-Insurance Requirements);
(E) a
copy of the current certificate of account status if required by §
RSA
9.21 of this title (relating to Franchise Tax
Certification and Assumed Name Certificates); and/or
(F) copies of the assumed name certificates
if required by §
RSA
9.21 of this title; and
(2) payment for all applicable fees. If the
applicant submits the payment by mail, the payment shall be in the form of a
check or money order. If the applicant pays the applicable fee online, the
applicant shall submit a copy of the online receipt via mail, email, or
fax.
(g) A licensee
shall submit LPG Form 1A listing all outlets operated by the licensee.
(1) The licensee shall employ at each outlet
an operations supervisor who meets the requirements of §
RSA
9.17 of this title.
(2) Each outlet shall be listed on the
licensee's renewal as specified in subsection (k) of this section.
(h) Beginning June 1, 2020, a
prospective container manufacturer may apply to AFS to manufacture LP-gas
containers in the state of Texas. Beginning June 1, 2020, a person shall not
engage in the manufacture of LP-gas containers in this state unless that person
has obtained a container manufacturer's registration as specified in this
subsection.
(1) Applicants for container
manufacturer registration shall file with AFS LPG Form 1M, and any of the
following applicable forms or documents:
(A)
any form required by §
RSA
9.26 of this title;
(B) a copy of current certificate of account
status if required by §
RSA
9.21 of this title;
(C) copies of the assumed name certificates
if required by §
RSA
9.21 of this title;
(D) a copy of current DOT authorization. A
registered manufacturer shall not continue to operate after the expiration date
of the DOT authorization; and/or
(E) a copy of current ASME Code, Section VIII
certificate of authorization or "R" certificate. If ASME is unable to issue a
renewed certificate of authorization prior to the expiration date, the
manufacturer may request in writing an extension of time not to exceed 60
calendar days past the expiration date. The request for extension shall be
received by AFS prior to the expiration date of the ASME certificate of
authorization referred to in this section, and shall include a letter or
statement from ASME that the agency is unable to issue the renewal certificate
of authorization prior to expiration and that a temporary extension will be
granted for its purposes. A registered manufacturer shall not continue to
operate after the expiration date of an ASME certificate of authorization until
the manufacturer files a current ASME certificate of authorization with AFS or
AFS grants a temporary exception.
(2) By filing LPG Form 1M, the applicant
certifies that it has read the requirements of this chapter and shall comply
with all applicable rules, regulations and adopted standards.
(3) The required fee shall accompany LPG Form
1M. An original registration fee is $1,000; the renewal fee is $600.
(A) If submitted by mail, payment shall be by
check, money order, or printed copy of an online receipt.
(B) If submitted by email or fax, payment
shall be a copy of an online receipt.
(4) If a manufacturer registration expires or
lapses, the person shall immediately cease the manufacture, assembly, repair,
testing and sale of LP-gas containers in Texas.
(i) Applications for license or registration
must include a 24-hour emergency telephone number.
(j) AFS will review an application for
license or registration to verify all requirements have been met.
(1) If errors are found or information is
missing on the application or other documents, AFS will notify the applicant of
the deficiencies in writing.
(2)
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.
(3) If all requirements have been met, AFS
will issue the license or manufacturer registration and send the license or
registration to the licensee or manufacturer, as applicable.
(k) For license and manufacturer
registration renewals:
(1) AFS shall notify
the licensee or registered manufacturer in writing at the address on file with
AFS of the impending license or manufacturer registration expiration at least
30 calendar days before the date the license or registration is scheduled to
expire.
(2) The renewal notice
shall include copies of applicable LPG Forms 1, 1A, and 7, or LPG Form 1M
showing the information currently on file.
(3) The licensee or registered manufacturer
shall review and return all renewal documentation to AFS with any necessary
changes clearly marked on the forms. The licensee or registered manufacturer
shall submit any applicable fees with the renewal documentation.
(4) Failure to meet the renewal deadline set
forth in this section shall result in expiration of the license or manufacturer
registration.
(5) If a person's
license or manufacturer registration expires, that person shall immediately
cease performance of any LP-gas activities authorized by the license or
registration.
(6) If a person's
license or manufacturer registration 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 in §
RSA
9.6 of this title (relating to License
Categories, Container Manufacturer Registration, and Fees).
(7) If a person's license or manufacturer
registration 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.
(8) If a person's
license or manufacturer registration 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 or manufacturer registration under subsection (f) or (h)
of this section.
(9) After
verification that the licensee or registered manufacturer has met all
requirements for licensing or manufacturer registration, AFS shall renew the
license or registration and send the applicable authorization to the licensee
or manufacturer.
(l) 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 AFS a fee that is equal to two times the
renewal fee required by §
RSA
9.6 of this title.
(1) 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;
(2) 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 §
RSA
9.26 of this title and the continuing
education and training requirements as specified in §
RSA
9.51 of this title (relating to General
Requirements for LP-Gas Training and Continuing Education), and §
RSA
9.52 of this title (relating to Training and
Continuing Education).
(m) Applicants for license or license renewal
in the following categories shall comply with these additional requirements:
(1) An applicant for a Category B or O
license or renewal shall file with AFS 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 LPG
Form 505.
(2) An applicant for
Category A, A2, B, or O license or renewal who tests tanks, subframes LP-gas
cargo tanks, or performs other activities requiring DOT registration shall file
with AFS 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).
(3) An applicant for
Category A, A1 or O license or renewal who repairs or tests ASME containers
shall file with AFS a copy of its current ASME Code, Section VIII certificate
of authorization or "R" certificate. If ASME is unable to issue a renewed
certificate of authorization prior to the expiration date, the manufacturer may
request in writing an extension of time not to exceed 60 calendar days past the
expiration date. The request for extension shall be received by AFS prior to
the expiration date of the ASME certificate of authorization referred to in
this section, and shall include a letter or statement from ASME that the agency
is unable to issue the renewal certificate of authorization prior to expiration
and that a temporary extension will be granted for its purposes. A registered
manufacturer shall not continue to operate after the expiration date of an ASME
certificate of authorization until the manufacturer files a current ASME
certificate of authorization with AFS or AFS grants a temporary
exception.