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Historical Rule for the Texas Administrative Code

TITLE 16ECONOMIC REGULATION
PART 1RAILROAD COMMISSION OF TEXAS
CHAPTER 9LIQUEFIED PETROLEUM GAS DIVISION
SUBCHAPTER AGENERAL APPLICABILITY AND REQUIREMENTS
RULE §9.1Application of Rules, Severability, and Retroactivity
Repealed Date:02/01/2001

(a) The LP-Gas Section's safety rules apply to the design, construction, location, and operation of liquefied petroleum gas systems, equipment, and appliances. These standards also apply to truck and railcar loading racks, but do not apply to marine terminals, natural gasoline plants, refineries, tank farms, gas manufacturing plants, plants engaged in processing liquefied petroleum gases, or to railcar loading racks used in connection with these excluded establishments.

  (1) Subchapters A, General Applicability and Requirements, and B, Basic Rules, apply to all types of LP-gas activities, installations, or uses unless otherwise indicated.

  (2) Subchapter C, Vaporizers and Heaters, applies to vaporizers used with portable, mobile, or stationary LP-gas installations.

  (3) Subchapter D, Adoption by Reference of NFPA 54 (National Fuel Gas Code) and NFPA 501C (Standard on Recreational Vehicles) and Adopted Exceptions to NFPA 54, applies to the adoption by reference of NFPA 54 and specifies additional or alternative requirements from those found in NFPA 54.

  (4) Subchapter E, Containers, applies to LP-gas systems using containers constructed in accordance with specifications issued by the United States Interstate Commerce Commission (ICC) or the United States Department of Transportation (DOT). When DOT or ICC containers are used in the manner prescribed by DOT, then DOT rules shall apply to container transportation and handling. When DOT or ICC containers are not used in the manner prescribed by DOT, they cease to be under DOT jurisdiction. When installed in Texas and used as LP-gas consumer containers, they are subject exclusively to the rules of the Railroad Commission of Texas. Where such containers are privately owned and permanently installed, they are not considered to be under DOT jurisdiction.

  (5) Subchapter F, Consumer LP-Gas Systems, applies to consumer LP-gas systems using containers constructed in accordance with ASME Code, Section VIII, Division I.

  (6) Subchapter G is reserved for future use.

  (7) Subchapter H, Nonspecification Transport Containers; Trucks Transporting LP-Gas in Portable Containers, applies to nonspecification cargo tanks used in the transportation and distribution of LP-gas, and each truck used principally for transporting LP-gas in portable containers.

  (8) Subchapter I, LP-Gas Motor Fuel and Mobile Fuel Containers, applies to LP-gas motor fuel and mobile fuel containers installed and used on automobiles, trucks, buses, tractors, construction machinery, and farm tractors or other types of farm machinery.

  (9) Subchapter J is reserved for future use.

  (10) Subchapter K, Appendices, includes background or informational material.

  (11) Subchapter L is reserved for future use.

  (12) Subchapter M is reserved for future use.

  (13) Subchapter N is reserved for future use.

  (14) Subchapter O, Cylinder Filling Plants; Service Station Dispensers, applies to storage containers dispensing devices, and pertinent equipment used in bottle filling plants and service stations where LP-gas is stored and dispensed from fixed LP-gas equipment.

  (15) Subchapter P, Farm Carts, applies to farm carts which are used for the transportation and distribution of LP-gas.

  (16) Subchapter Q, LP-Gas Powered Vehicles and Carburetion Equipment Used in a Building or on Consumer's Premises, applies to industrial fork lifts, trucks, and other LP-gas powered vehicles and engine fuel equipment specifically designed to be used in a building or on a consumer's premises.

  (17) Subchapter R, LP-Gas Automatic Dispensers, applies to LP-gas automatic dispensers.

  (18) Subchapter S, Installation or Repair of LP-Gas Containers, Piping or Appliances in Recreational Vehicles, applies to the installation or repair of LP-gas containers, piping, or appliances in recreational vehicles.

  (19) Subchapter T, DOT MC-330 and MC-331 Transport Containers, applies to cargo tanks constructed to DOT MC-330 and MC-331 specifications used in the transportation and distribution of LP-gas.

(b) Severability. If any term, clause, or provision of these rules is for any reason declared invalid, the remainder of the provisions shall remain in full force and effect and shall in no way be affected, impaired, or invalidated.

(c) Nothing in these rules shall be construed as requiring, allowing, or approving the unlicensed practice of engineering or any other professional occupation requiring licensure.

(d) Unless otherwise stated, the LP-Gas Safety Rules are not retroactive.


Source Note: The provisions of this §9.1 adopted to be effective November 1, 1985, 10 TexReg 1322; amended to be effective January 4, 1988, 12 TexReg 4836; amended to be effective June 1, 1989, 14 TexReg 1919; amended to be effective June 1, 1989, 14 TexReg 1919; amended to be effective October 15, 1993, 18 TexReg 6443; amended to be effective October 25, 1995, 20 TexReg 8449; amended to be effective June 1, 1997, 22 TexReg 4066.

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