16 TAC §§9.2, 9.7, 9.10, 9.11, 9.52
The Railroad Commission of Texas adopts amendments to §§9.2,
9.7, 9.10, 9.11, and 9.52, relating to Definitions; Application for License
and License Renewal Requirements; Rules Examination; Previously Certified
Individuals; and Training and Continuing Education Courses. The amendments
to §§9.2, 9.10, and 9.52 are adopted with changes and the remaining
sections are adopted without changes to the text as published in the December
1, 2006, issue of the
Texas Register
(31 TexReg
9670). The Commission adopts these amendments to clarify some wording and
procedures for the training and continuing education requirements.
In §9.2, the Commission amends the definition of "certificate holder"
in paragraph (9) to add wording concerning transport drivers who hold a reciprocal
examination exemption from another state pursuant to §9.18, relating
to Reciprocal Examination Agreements with Other States, and general installers
and repairmen who hold examination exemptions from the Commission's Gas Services
Division pursuant to §9.13, relating to General Installers and Repairman
Exemption. The purpose of this amendment is to clarify that holders of these
examination exemptions receive Commission certification cards, enjoy the same
rights and privileges, and are subject to the same requirements as individuals
who are Commission-certified in these categories. In paragraphs (25) and (26),
the Commission adopts new definitions for "mobile fuel container" and "mobile
fuel system." The purpose of these amendments is to conform the definitions
of these terms to the definitions in Texas Natural Resources Code §113.002(17)
and §113.002(18). In the definition of "person" in renumbered paragraph
(35), the Commission substitutes the word "venture" for "ventureship." In
new paragraph (39), a new definition of "recreational vehicle" is adopted,
consistent with the definition of this term in National Fire Protection Association
(NFPA) handbook 1192, Standard on Recreational Vehicles (1999 edition). Paragraphs
are numbered or renumbered so that the defined terms remain in alphabetical
order.
The Commission adopts a minor change in §9.2(55), which was renumbered
from paragraph (52). A publication error showed the text of paragraph (55)
as being deleted; however, the only change to this definition was the renumbering.
In §9.7(a), the Commission reformats the long subsection to divide
it into paragraphs, and to change the wording regarding training and continuing
education requirements from "successfully completed" to "in compliance with
the training and continuing education requirements." The reason for this change
is that an individual who has passed an examination that subjects him or her
to a first-year training requirement, but who has not yet completed the training
requirement, is in compliance with the Commission's training requirements
and legally may work until the next May 31. Another adopted amendment in §9.7(a)(3)
adds wording to clarify that certified individuals must be employed by a licensee
or by a license-exempt entity, such as a political subdivision or a state
agency. In addition, new §9.7(a)(4) is added to clarify that holders
of general installer and repairman exemptions under §9.13 may legally
perform the LP-gas activities authorized by such exemption. A sentence currently
at the end of subsection (a) is moved to subsection (b) with another existing
requirement for licensees.
In §9.10, the Commission adopts some clarifying wording in new paragraphs
(1) - (8) to describe the LP-gas activities authorized by each employee-level
examination, as well as activities
not
authorized
by an examination. Some of this descriptive wording was previously found on
the Table incorporated as part of this subsection. None of this wording adds
any new requirements, but merely clarifies current Commission practice. Upon
adoption, the Commission makes a minor change to the title of the "Motor/Mobile
Fuel (Fuel Dispenser) Exam," to "Motor/Mobile Fuel Dispensing Exam" to clarify
the subject of the exam. This change is made in both the rule text in subsection
(b)(8) and on Table 1. Also, Table 1 is adopted to show the revision date
as February 2007.
In §9.11(a), the Commission deletes the word "previously" to clarify
that a licensee must file a transfer form when hiring a currently certified
individual.
In §9.52(g), the Commission adopts a minor clarification in the reference
in paragraph (3) to the 16-hour management-level class and adopts new paragraph
(5) stating that a certified individual is exempt from the advanced field
training (AFT) requirement of a continuing education course if the individual
has previously completed that same course, including the required AFT. In
subsection (h), some changes are adopted in the Tables. On Table 1, the row
for course 2.2 is deleted because that course has been superseded by other
subsequently developed courses. For courses 3.1, 3.5, 3.7, 3.11, and the 16-hour
Category F, G, I and J Management course, the "x" is deleted from the AFT
column because these courses now include similar hands-on activities during
the classes. In the title of the table, the date of "September 2005" is changed
to "Revised February 2007" to indicate the month that these changes will be
effective. On Table 2, the same changes are adopted as for Table 1 concerning
the row for course 2.2 and the removal of AFT for courses 3.1, 3.5, 3.7, and
3.11, the 16-hour Category F, G, I and J Management course, and the revision
date. In addition, another adopted change for course 2.1 adds an "x" in the
column for "Bobtail" and "Bobtail Service & Installation" to indicate
that course 2.1 will be an approved course for these two categories of employee-level
certification. This change would offer drivers whose job descriptions include
filling bottles to take the Dispenser Operations course to fulfill their continuing
education requirement. On both Tables 2 and 4, the Commission has deleted
an obsolete footnote. No changes were proposed in Table 3, which will retain
the September 2005 date.
The Commission received two comments on the proposed amendments. One comment,
made in person by the representative of an association (Texas Propane Gas
Association), expressed support for the amendments.
Another comment suggested changes to §9.7 and §9.10. The comment
stated that §9.7 could be confusing to the average person, who might
think that an examination is a license, and suggested that the rule be reorganized.
This commenter also stated that the new wording in §9.10(a)(8) excludes
an individual certified under a motor/mobile fuel examination from filling
a stationary container; the comment said that the Commission seems to be referring
here to a residential home-type container, not one that is permanently mounted
(stationary) on a motor home vehicle, or trailer. The commenter stated that
the word "stationary" should be expanded to define a residential container.
For §9.10(b)(1) regarding the bobtail examination, the commenter noted
that the examination requirements, and the activities authorized by the examinations,
have changed several times since 1982, and stated that the rule should address
the various changes for clarification.
The Commission disagrees with these comments. With respect to §9.7,
Application for License and License Renewal Requirements, the Commission has
proposed changes only to subsections (a) and (b). Subsection (a) requires
licensees' employees who handle LP-gas to have passed any applicable rules
examination, and §9.7(b) requires licensees to make the Commission's
current LP-gas safety rules available to their employees. The provisions of
these two subsections do not exhaust the Commission's license application
and license renewal requirements. Additional licensing requirements, including
requirements relating to forms, fees, and insurance, are set out at length
in §9.7(c) - (g). In addition, the Commission's examination and examination-renewal
requirements are treated separately and in detail in §9.8, relating to
Application for a New Certificate; §9.9, relating to Requirements for
Certificate Renewal; and §9.10, relating to Rules Examination. For these
reasons, the Commission finds it unlikely that a reader of these rules would
consider an examination to be equivalent to a license.
With respect to §9.10(a)(8), the Commission agrees that the proposed
change is intended to clarify the Commission's long-standing policy that the
holder of a Motor/Mobile Fuel Dispensing certification may not fill a stationary
container, residential or otherwise. The Commission disagrees, however, that
the proposed clarification could cause an ASME motor/mobile fuel container
that is permanently mounted on a vehicle such as a trailer or a motor home
to be considered a stationary container that the holder of a Motor/Mobile
Fuel Dispensing certification could not fill, since the fact that such a container
is mounted on a vehicle makes the container mobile by definition.
With respect to §9.10(b)(1), the Commission disagrees that a rule
should address obsolete provisions and notes that such provisions are routinely
addressed in the preambles of proposed rules.
The Commission adopts the amendments pursuant to Texas Natural
Resources Code, §113.051, which authorizes the Commission to adopt rules
relating to any and all aspects or phases of the LP-gas industry that will
protect or tend to protect the health, welfare, and safety of the general
public, and §113.087, which authorizes the Commission to establish by
rule an initial course of instruction for any person who has not yet passed
the examination for the LPG activity for which the person seeks qualification;
for any person who has not maintained qualified status, as defined by rule;
and for any person whose certification has been revoked; and which requires
the Commission, by appropriate rule, to require attendance at approved academic,
trade, professional, or Commission-sponsored seminars, or other continuing
education programs.
Statutory authority: Texas Natural Resources Code, §113.051 and §113.087.
Sections affected: Texas Natural Resources Code, §113.051 and §113.087.
Cross-reference to statute: Texas Natural Resources Code, Chapter 113.
Issued in Austin, Texas, on January 23, 2007.
§9.2.Definitions.
In addition to the definitions in any adopted NFPA pamphlets, the following
words and terms, when used in this chapter, shall have the following meanings,
unless the context clearly indicates otherwise.
(1)
Advanced field training (AFT)--The final portion of the
training or continuing education requirements in which an individual shall
successfully perform the specified LP-gas activities in order to demonstrate
proficiency in those activities.
(2)
AFRED--The Commission's Alternative Fuels Research and
Education Division.
(3)
AFT materials--The portion of a Commission training module
consisting of the four sections of the Railroad Commission's LP-Gas Qualifying
Field Activities, including General Instructions, the Task Information, the
Operator Qualification Checklist, and the Railroad Commission/Employer Record.
(4)
Aggregate water capacity (AWC)--The sum of all individual
container capacities measured by weight or volume of water which are placed
at a single installation location.
(5)
Applicant--An individual:
(A)
who is applying for a new certificate; or
(B)
whose certification has lapsed for a period of less than
two years and who is applying to restore certification by paying any applicable
fees and by completing any applicable training or continuing education requirements.
(6)
Bobtail driver--An individual who operates an LP-gas cargo
tank motor vehicle of 5,000 gallons water capacity or less in metered delivery
service.
(7)
Breakaway--The accidental separation of a hose from a cylinder,
container, transfer equipment, or dispensing equipment, which could occur
on a cylinder, container, transfer equipment, or dispensing equipment whether
or not they are protected by a breakaway device.
(8)
Categories of LPG activities--The LP-gas license categories
as specified in §9.6 of this title (relating to Licenses and Fees).
(9)
Certificate holder--An individual:
(A)
who has passed the required management-level qualification
examination, satisfactorily completed any applicable training or continuing
education requirements as specified in §9.52 of this title (relating
to Training and Continuing Education Courses), and paid the applicable fee;
or
(B)
who has passed the required employee-level qualification
examination, paid the applicable fees, and complied with the training or continuing
education requirements in §9.52 of this title (relating to Training and
Continuing Education Courses); or
(C)
who has passed the required employee-level qualification
examination, has paid the applicable fee, and is required to comply with a
training requirement as specified in §9.52 of this title (relating to
Training and Continuing Education Courses); or
(D)
who holds a current reciprocal examination exemption pursuant
to §9.18 of this title (relating to Reciprocal Examination Agreements
with Other States); or
(E)
who holds a current examination exemption certificate pursuant
to §9.13 of this title (relating to General Installers and Repairman
Exemption).
(10)
Certified--Authorized to perform LP-gas work as set forth
in the Texas Natural Resources Code. Employee certification alone does not
allow an individual to perform those activities which require licensing.
(11)
CETP--The Certified Employee Training Program offered
by the Propane Education and Research Council (PERC), the National Propane
Gas Association (NPGA), or their authorized agents or successors.
(12)
Commercial installation--An LP-gas installation located
on premises other than a single family dwelling used as a residence, including
but not limited to a retail business establishment, school, bulk storage facility,
convalescent home, hospital, retail LP-gas cylinder filling/exchange operation,
service station, forklift refueling facility, private motor/mobile fuel cylinder
filling operation, a microwave tower, or a public or private agricultural
installation.
(13)
Commission--The Railroad Commission of Texas.
(14)
Company representative--The individual designated to the
Commission by a license applicant or a licensee as the principal individual
in authority and, in the case of a licensee other than a Category P licensee,
actively supervising the conduct of the licensee's LP-gas activities.
(15)
Container delivery unit--A vehicle used by an operator
principally for transporting LP-gas in cylinders.
(16)
Continuing education--Courses required to be successfully
completed at least every four years by certain certificate holders.
(17)
DOT--The United States Department of Transportation.
(18)
Employee--An individual who renders or performs any services
or labor for compensation, including individuals hired on a part-time or temporary
basis, on a full-time or permanent basis, or, for purposes of this chapter,
an owner-employee.
(19)
Interim approval order--The authority issued by the Railroad
Commission of Texas following a public hearing allowing construction of an
LP-gas installation.
(20)
Licensed--Authorized to perform LP-gas activities through
the issuance of a valid license.
(21)
Licensee--A person which has applied for and been granted
an LP-gas license by the Commission, or who holds a master or journeyman plumber
license from the Texas State Board of Plumbing Examiners or a Class A or B
Air Conditioning and Refrigeration Contractors License from the Texas Department
of Licensing and Regulation and has properly registered with the Commission.
(22)
LP-Gas Safety Rules--The rules adopted by the Railroad
Commission in the Texas Administrative Code, Title 16, Part 1, Chapter 9,
including any NFPA or other documents adopted by reference. The official text
of the Commission's rules is that which is on file with the Secretary of State's
office and available at www.sos.state.tx.us or through the Commission's web
site at www.rrc.state.tx.us.
(23)
LP-gas system--All piping, fittings, valves, and equipment,
excluding containers and appliances, that connect one or more containers to
one or more appliances that use or consume LP-gas.
(24)
Mass transit vehicle--Any vehicle which is owned or operated
by a political subdivision of a state, city, or county, used primarily in
the conveyance of the general public.
(25)
Mobile fuel container--An LP-gas container mounted on
a vehicle to store LP-gas as the fuel supply to an auxiliary engine other
than the engine to propel the vehicle or for other uses on the vehicle.
(26)
Mobile fuel system--An LP-gas system, excluding the container,
to supply LP-gas as a fuel to an auxiliary engine other than the engine to
propel the vehicle or for other uses on the vehicle.
(27)
Motor fuel container--An LP-gas container mounted on a
vehicle to store LP-gas as the fuel supply to an engine used to propel the
vehicle.
(28)
Motor fuel system--An LP-gas system, excluding the container,
which supplies LP-gas to an engine used to propel the vehicle.
(29)
MPS gas (Methylacetylene-propadiene, stabilized)--A mixture
of gases in the liquid phase and as defined in Texas Natural Resources Code,
Chapter 113, §113.002(4).
(30)
Noncorrosive--Corrosiveness of gas which does not exceed
the limitation for Classification 1 of the American Society of Testing Material
(ASTM) Copper Strip Classifications when tested in accordance with ASTM D
1834-64, "Copper Strip Corrosion of Liquefied Petroleum (LP) Gases."
(31)
Nonspecification unit--An LP-gas transport not constructed
to DOT MC-330 or MC-331 specifications but which complies with the exemption
in 49 Code of Federal Regulations §173.315(k). (See also "Specification
unit" in this section.)
(32)
Operations supervisor--The individual who is certified
by the Commission to actively supervise a licensee's LP-gas operations and
is authorized by the licensee to implement operational changes.
(33)
Outlet--A site operated by an LP-gas licensee from which
any regulated LP-gas activity is performed.
(34)
Outside instructor--An individual, other than a Commission
employee, approved by AFRED to teach certain LP-gas training or continuing
education courses.
(35)
Person--An individual, partnership, firm, corporation,
joint venture, association, or any other business entity, a state agency or
institution, county, municipality, school district, or other governmental
subdivision, or licensee, including the definition of "person" as defined
in the applicable sections of 49 CFR relating to cargo tank hazardous material
regulations.
(36)
Portable cylinder--A receptacle constructed to DOT specifications,
designed to be moved readily, and used for the storage of LP-gas for connection
to an appliance or an LP-gas system. The term does not include a cylinder
designed for use on a forklift or similar equipment.
(37)
Property line--The boundary which designates the point
at which one real property interest ends and another begins.
(38)
Public transportation vehicle--A vehicle for hire to transport
persons, including but not limited to taxis, buses (excluding school buses
and mass transit or special transit vehicles), or airport courtesy vehicles.
(39)
Recreational vehicle--A vehicular-type unit primarily
designed as temporary living quarters for recreational, camping, travel, or
seasonal use that either has its own motive power or is mounted on, or towed
by, another vehicle.
(40)
Register (or registration)--The procedure to inform the
Commission of the use of an LP-gas transport or container delivery unit in
Texas.
(41)
Repair to container--The correction of damage or deterioration
to an LP-gas container, the alteration of the structure of such a container,
or the welding on such container in a manner which causes the temperature
of the container to rise above 400 degrees Fahrenheit.
(42)
Rules examination--The Commission's written examination
that measures an examinee's working knowledge of Chapter 113 of the Texas
Natural Resources Code and/or the current LP-Gas Safety Rules.
(43)
School--A public or private institution which has been
accredited through the Texas Education Agency or the Texas Private School
Accreditation Commission.
(44)
School bus--A vehicle that is sold or used for purposes
that include carrying students to and from school or related events.
(45)
Special transit vehicle--A vehicle designed with limited
passenger capacity which is used by a school or mass transit authority for
special transit purposes, such as transport of mobility impaired persons.
(46)
Specification unit--An LP-gas transport constructed to
DOT MC-330 or MC-331 specifications. (See also "Nonspecification unit" in
this section.)
(47)
Subframing--The attachment of supporting structural members
to the pads of a container, excluding welding directly to or on the container.
(48)
Trainee--An individual who has not yet taken and passed
an employee-level rules examination.
(49)
Training--Courses required to be successfully completed
as part of an individual's requirements to obtain or maintain certain certificates.
(50)
Transfer--The procedure to inform the Commission of a
change in operator of an LP-gas transport or container delivery unit already
registered with the Commission.
(51)
Transfer system--All piping, fittings, valves, and equipment
utilized in dispensing LP-gas between containers.
(52)
Transport--Any bobtail or semitrailer equipped with one
or more containers.
(53)
Transport driver--An individual who operates an LP-gas
trailer or semi-trailer equipped with a container of more than 5,000 gallons
water capacity.
(54)
Transport system--Any and all piping, fittings, valves,
and equipment on a transport, excluding the container.
(55)
Ultimate consumer--The individual controlling LP-gas immediately
prior to its ignition.
§9.10.Rules Examination.
(a)
An individual who files LPG Form 16 and pays the applicable
nonrefundable examination fee may take the rules examination at the Commission's
AFRED Training Center, 6506 Bolm Road, Austin, Texas, between the hours of
8:00 a.m. and 12:00 noon, Monday through Friday, except for state holidays,
and at other designated times and locations around the state. Tuesdays and
Thursdays are the preferred days for examinations at the AFRED Training Center.
(1)
Dates and locations of available Commission LP-gas examinations
may be obtained in the Austin offices of AFRED and on the Commission's web
site at www.rrc.state.tx.us, and shall be updated at least monthly. Examinations
shall be conducted in Austin and in other locations around the state. Individuals
or companies may request in writing that examinations be given in their area.
AFRED shall schedule its examinations and locations at its discretion.
(2)
Except in a case where a conditional qualification has
been requested in writing and approved under §9.17(g) of this title (relating
to Designation and Responsibilities of Company Representatives and Operations
Supervisors), the Category E, F, G, I, and J management-level rules examination
shall be administered only in conjunction with the Category E, F, G, I, and
J management-level courses of instruction. Management-level rules examinations
other than Category E, F, G, I, and J may be administered on any scheduled
examination day.
(3)
The Commission may not issue a certification card to an
applicant for a management-level certificate that requires completion of a
course of instruction until the applicant completes both the required course
of instruction and passes the required management-level rules examination.
(4)
An applicant for a management-level certificate shall pass
the management-level rules examination within two years after completing a
required course of instruction. An applicant who fails to pass such an examination
within two years of completing such a course shall reapply as a new applicant.
(5)
Exam fees.
(A)
The nonrefundable management-level rules examination fee
(for company representatives and operations supervisors) is $50.
(B)
The nonrefundable employee-level rules examination fee
(for employees other than company representatives or operations supervisors)
is $20.
(C)
The nonrefundable examination fee shall be paid each time
an individual wishes to take the examination.
(D)
Individuals who register and pay for a Category E, F, G,
I, or J training course as specified in §9.51(f)(2)(A) of this title
(relating to General Requirements for Training and Continuing Education) shall
pay the charge specified for the applicable examination.
(b)
Table 1 of this subsection specifies the examinations offered
by the Commission.
Figure: 16 TAC §9.10(b)
(1)
The Bobtail examination qualifies an individual to operate
a bobtail, to perform all of the LP-gas activities authorized by the Transport
Driver, DOT Cylinder Filling, and Motor/Mobile Fuel examinations, and to perform
leak checks and pressure tests, light appliances, and adjust regulators and
thermocouples. The Bobtail examination does not authorize an individual to
connect or disconnect containers, except when performing a pressure test or
removing a container from service.
(2)
The Transport Driver examination qualifies an individual
to operate an LP-gas transport equipped with a container of more than 5,000
gallons water capacity, to load and unload LP-gas, and connect and disconnect
transfer hoses. The Transport Driver examination does not authorize an individual
to operate a bobtail or to install or repair transport systems.
(3)
The Engine Fuel examination qualifies an individual to
install LP-gas motor or mobile fuel containers, cylinders, and LP-gas systems
and replace container valves on motorized vehicles, including trailers, catering
trucks, mobile kitchens, tar kettles and similar vehicles, and non-road vehicles
such as industrial trucks and stationary engines such as generators and pumps.
The Engine Fuel examination does not authorize an individual to fill LP-gas
motor or mobile fuel containers.
(4)
The DOT Cylinder Filling examination qualifies an individual
to inspect, requalify, fill, disconnect and connect cylinders, including industrial
truck cylinders, and to exchange cylinder valves. The DOT Cylinder Filling
examination does not authorize an individual to fill ASME motor or mobile
fuel containers.
(5)
The Recreational Vehicle examination qualifies an individual
to install LP-gas motor or mobile fuel containers, including cylinders, and
to install and repair LP-gas systems on recreational vehicles. The Recreational
Vehicle examination does not authorize an individual to fill LP-gas containers.
(6)
The Service and Installation examination qualifies an individual
to perform all LP-gas activities related to stationary LP-gas systems, including
LP-gas containers and appliances. The Service and Installation examination
does not authorize an individual to fill containers or operate an LP-gas transport.
(7)
The Appliance Service and Installation examination qualifies
an individual to perform all LP-gas activities related to appliances, including
installing, repairing and converting appliances, installing and repairing
connectors from the appliance gas stop through the venting system, and to
perform leak checks on the new or repaired portion of an LP-gas system. The
Appliance Service and Installation examination does not authorize an individual
to install a container, install or repair piping upstream of and including
the appliance gas stop, or to install, repair or adjust regulators.
(8)
The Motor/Mobile Fuel Dispensing examination qualifies
an individual to inspect and fill motor or mobile fuel containers on vehicles,
including recreational vehicles, cars, trucks, and buses. The Motor/Mobile
Fuel Dispensing examination does not authorize an individual to fill LP-gas
cylinders or ASME stationary containers.
(c)
Within 15 calendar days of the date an individual takes
an examination, AFRED shall notify the individual of the results of the examination.
(1)
If the examination is graded or reviewed by a testing service,
AFRED shall notify the individual of the examination results within 14 days
of the date AFRED receives the results from the testing service. If the notice
of the examination results will be delayed for longer than 90 days after the
examination date, AFRED shall notify the individual of the reason for the
delay before the 90th day. AFRED may require a testing service to notify an
individual of the individual's examination results.
(2)
Successful completion of any required examination shall
be credited to and accrue to the individual.
(3)
An individual who has been issued a certification card
shall make the card readily available and shall present the card to any Commission
employee or agent who requests proof of certification.
(d)
Failure of any examination shall immediately disqualify
the individual from performing any LP-gas related activities covered by the
examination which is failed, except for activities covered by a separate examination
which the individual has passed. If requested by an individual who failed
the examination, AFRED shall furnish the individual with an analysis of the
individual's performance on the examination.
(1)
Any individual who fails an examination administered by
the Commission only at the Austin location may retake the same examination
only one additional time during a business day.
(2)
Any subsequent examination shall be taken on another business
day, unless approved by the assistant director for the AFRED Research and
Technical Services Section or the assistant director's designee.
§9.52.Training and Continuing Education Courses.
(a)
Training. Applicants for a new certification and applicants
who have passed a certification examination but have not completed an applicable
training course shall complete training as specified in the tables in subsection
(h) of this section prior to their first certificate renewal deadline. Category
E management-level applicants shall attend the 80-hour class; Category F,
G, I, and J management-level applicants shall attend the 16-hour class; and
Category D, K and M management-level applicants and all applicants for employee-level
certifications that are subject to training requirements shall attend an eight-hour
class. A certificate holder's training deadline shall not be extended if that
individual retakes and passes an examination for the current category and
level of certification. A training deadline shall be extended only after a
certificate holder successfully completes an applicable training class.
(1)
Individuals who pass an employee-level rules examination
between March 1 and May 31 of any year shall have until May 31 of the next
year to complete any required training. Individuals who pass an employee-level
rules examination at other times shall have until the next May 31 to complete
any required training. Completion of AFT shall be in accordance with subsection
(g) of this section.
(2)
Applicants for company representative or operations supervisor
shall comply with the training requirements in this section prior to the Commission
issuing a certificate.
(b)
Continuing education. A certificate holder shall complete
at least eight hours of continuing education every four years as specified
in the tables in subsection (h) of this section. Upon fulfillment of this
requirement, the certificate holder's next continuing education deadline shall
be four years after the May 31 following the date of the most recent class
the certificate holder has completed, unless the class was completed on May
31, in which case the deadline shall be four years from that date. A certificate
holder's continuing education deadline shall not be extended if an examination
for a current category and level of certification is retaken and passed; a
continuing education deadline shall be extended only after a certificate holder
successfully completes an applicable continuing education class. An individual
who completes a continuing education class after the assigned deadline shall
have four years from the original deadline to complete the next class.
(1)
Continuing education requirements for certain categories.
(A)
Certificate holders who hold only a Category D, F, G, J,
or K certificate as of the effective date of this section shall complete their
initial continuing education requirement by May 31, 2005. Beginning September
1, 2005, Category M and recreational vehicle technician certificate holders
shall have until May 31, 2006, to complete their initial continuing education
requirement. Certificate holders who hold a Category D, F, G, J, K, or M certificate
or a recreational vehicle technician certificate and who have more than one
certification as of February 1, 2001, shall complete their continuing education
requirement by the continuing education deadline assigned for the initial
certificate. Public employees who are certified as of June 1, 2006, shall
complete their continuing education requirement by May 31, 2007.
(B)
Certificate holders who are certified to perform LP-gas
activities covered by different certifications shall complete the continuing
education requirements for any one of the certifications held in order to
maintain active status. For each subsequent continuing education requirement,
such individuals shall be responsible for attending a different continuing
education class relevant to one of the other certifications held.
(2)
Certificate holders who attend a class offered by an outside
instructor shall not be entitled to a refund of the annual renewal fee or
any other fees or penalties required by the Commission.
(3)
Individuals who have not paid the annual certificate renewal
fee, including general installers and repairman exemption holders or members
of the general public, shall not attend training or continuing education classes
free of charge, but may request from the AFRED training section to attend
classes at the charge specified in §9.51 of this title (relating to General
Requirements for Training and Continuing Education). Such requests shall be
in writing and handled at AFRED's discretion on an individual basis and if
space is available in the requested class.
(4)
Any certificate holder who has timely paid the annual certificate
renewal fee but is not otherwise required to attend a Commission continuing
education class may voluntarily attend a class, if space is available, by
registering with the AFRED training section as specified in §9.51 of
this title (relating to General Requirements for Training and Continuing Education).
(c)
Adding a new certification. A current certificate holder
who successfully completes an examination for an additional certification
that requires completion of a training course shall be assigned a training
deadline pursuant to subsection (a)(1) of this section. Upon completion of
the required training, the certificate holder shall be assigned a continuing
education date pursuant to subsection (b) of this section.
(d)
Train-the-Trainer classes. The Train-the-Trainer classes
shall not count as credit towards the training or continuing education requirements.
(e)
Class materials. Individuals who attend AFRED-taught classes
shall receive a copy of the class materials at no charge. Additional copies
may be purchased from AFRED at the established price.
(f)
Certificates of completion. The AFRED training section
shall issue a certificate of completion to each individual who completes an
AFRED-taught class. Individuals shall retain the certificates as proof of
completion of the class.
(g)
Advanced field training (AFT). Some classes may include
AFT in addition to the classroom hours, during which class attendees shall
perform LP-gas activities. AFT shall be properly completed within 30 calendar
days of attending the class. All qualification tasks included in the AFT shall
be completed. The AFT materials, including the qualification checklist and
the certification page, shall be readily available at the licensee's Texas
business location for review by an authorized Commission representative during
normal business hours.
(1)
The responsibility of certifying AFT activities shall not
be delegated to an unauthorized individual. AFT qualification tasks shall
be witnessed by an authorized individual, verified as being successfully completed,
and the AFT form signed as follows:
(A)
For licensees with only one company representative, that
company representative shall self-certify the AFT.
(B)
For licensees with more than one company representative,
one company representative may certify the AFT of another company representative,
but shall not self-certify.
(C)
Company representatives shall certify operations supervisors'
AFT.
(D)
The company representative or an operations supervisor
authorized by the licensee and in current good standing with the Commission
shall certify the employees' AFT.
(E)
If authorized, a Commission-approved outside instructor
may certify any AFT.
(2)
Other AFT situations shall be handled as follows:
(A)
For a certified individual employed by a licensee, the
licensee shall retain the most recently completed AFT material for each applicable
category of the individual's certification in the individual's employment
records.
(B)
For an individual who ceases employment with a licensee,
the licensee shall retain the latest required AFT material for at least two
years from the date the individual is no longer employed by the licensee.
The two-year period shall be based on the renewal period for the examination
renewal fee penalty. The licensee shall provide a copy of the AFT material
to the individual.
(C)
For an individual who begins employment with a different
licensee, the new licensee shall obtain a copy of the individual's AFT material
from the individual and shall place the copy in the individual's employment
records.
(D)
An individual who is never employed by a licensee shall
retain the most recently completed AFT material for each applicable category
of the individual's certification in a safe location for at least two years
from the date the class that required the AFT was attended.
(E)
For an individual who is employed by a licensee when a
class requiring AFT is attended, but who prior to the AFT's being certified
becomes employed by a new licensee, the new licensee shall certify the individual's
AFT.
(F)
For an individual who is employed by a licensee when a
class requiring AFT is attended, but who prior to the AFT's being certified
ceases employment with the licensee and wishes to continue performing LP-gas
activities, the individual shall contact a company representative or operations
supervisor of another applicable licensee or an AFRED-approved outside instructor
to complete the AFT and maintain the LP-gas certification.
(3)
Individuals who attend the 80-hour Category E management-level
class or the 16-hour Category F, G, I, and J management-level class shall
perform any required AFT activities during the class.
(4)
If AFT is required for a class, the AFT checklist outlining
the specific activities to be performed shall be included in the class materials.
(5)
A certified individual is exempt from the AFT requirement
of a continuing education course if the individual has previously completed
that same course, including the AFT.
(h) Available courses. Training and continuing education courses
and other information are shown in Tables 1 through 4 of this subsection.
Items on the tables marked with an "x" indicate courses that meet training
or continuing education requirements for management-level or employee-level
certificate holders in that category.
Figure: 16 TAC §9.52(h)
(i) Credit for attendance at CETP courses. A certificate holder
who has successfully completed a CETP class, including any applicable knowledge
and skills assessments, may receive credit toward the continuing education
requirements specified in this section as follows:
(1) The CETP class shall be approved for the category of certificate
held as indicated on Tables 3 and 4 in subsection (h) of this section.
(2) The successful completion of a CETP class is determined
by a National Propane Gas Association class certificate, which is issued only
after an individual has completed the prescribed course of study, including
any related knowledge and skills assessments, for the applicable CETP job
classification.
(3)
To receive credit toward the Commission's continuing education
requirements, the certificate holder shall submit the following information,
clearly readable, by regular mail to AFRED, Railroad Commission of Texas,
P.O. Box 12967, Austin, Texas 78711-2967, or by electronic mail to the following
address: CETP-credit@rrc.state.tx.us.
(A)
the individual's full name, address, telephone number,
Social Security number;
(B)
the LP-gas certification(s) currently held; and
(C)
the CETP class date and a readable copy of the CETP class
certificate for an approved CETP class as specified in Tables 3 and 4 of subsection
(h) of this section. The CETP class attendance date shall be within one year
of the certificate holder's continuing education deadline.
(4)
AFRED shall review the submitted material within 30 business
days of receipt and shall notify the certificate holder in writing that the
request is approved, denied, or incomplete. If the material is incomplete,
AFRED shall identify the necessary additional information required. The certificate
holder shall file the additional information within 30 calendar days of the
date of a notice of deficiency in order to receive credit for the CETP course
attendance. Certificate holders requesting credit for CETP class attendance
shall submit such requests to allow processing time so that a request is finally
approved by May 31 in order for the certificate holder to receive credit toward
that deadline.
This agency hereby certifies that the adoption has been
reviewed by legal counsel and found to be a valid exercise of the agency's
legal authority.
Filed with the Office of
the Secretary of State on January 23, 2007.
TRD-200700160
Mary Ross McDonald
Managing Director
Railroad Commission of Texas
Effective date: February 12, 2007
Proposal publication date: December 1, 2006
For further information, please call: (512) 475-1295