(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 §9.13 of this title (relating to General
Installers and Repairman Exemption);
(5) complete any required training and/or continuing
education required in §9.51 and §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 §9.13 of this title;
(3) complete any required training and/or continuing
education required in §9.51 and §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 §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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Source Note: The provisions of this §9.17 adopted to be effective February 1, 2001, 26 TexReg 947; amended to be effective September 10, 2001, 26 TexReg 6883; amended to be effective September 1, 2005, 30 TexReg 4810; amended to be effective February 1, 2008, 33 TexReg 122; amended to be effective December 24, 2012, 37 TexReg 9913; amended to be effective January 6, 2020, 45 TexReg 127 |