| (a) Requirements and application for a new certificate.
(1) In addition to NFPA 52 §§1.4.3 and 4.2,
and NFPA 55 §4.7, no person shall perform work, directly supervise
CNG activities, or be employed in any capacity requiring contact with
CNG, unless that individual is employed by a licensee and:
(A) is a certificate holder who is in compliance with
renewal requirements in subsection (h) of this section;
(B) is a trainee who complies with subsection (f) of
this section; or
(C) holds a current examination exemption pursuant
to subsection (g) of this section.
(2) Any person transporting CNG on a public roadway
must be properly certified, even if the unit is operated by an ultimate
consumer.
(b) Rules examination.
(1) An individual who passes the applicable rules examination
with a score of at least 75% will become a certificate holder. AFS
will send a certificate to the licensee listed on the CNG Form 1016.
If a licensee is not listed on the form, AFS will send the certificate
to the individual's personal address.
(A) Successful completion of any required examination
shall be credited to and accrue to the individual.
(B) An individual who has been issued a certificate
shall make it readily available and shall present the certificate
to any Commission employee or agent who requests proof of certification.
(2) An applicant for examination shall bring to the
exam site:
(A) a completed CNG Form 1016; and
(B) payment of the applicable fee specified in this
subsection;
(3) An individual who files CNG Form 1016 and pays
the applicable nonrefundable examination fee may take the rules examination.
(A) Dates and locations of available Commission CNG
examinations may be obtained on the Commission's web site. Examinations
may be administered:
(i) at the Commission's AFS Training Center in Austin;
(ii) at other designated times and locations around
the state; and
(iii) through an online testing or proctoring service.
(B) Individuals or companies may request in writing
that examinations be given in their area. AFS shall schedule examinations
at its discretion.
(C) Exam fees.
(i) The nonrefundable management-level rules examination
fee is $70.
(ii) The nonrefundable employee-level rules examination
fee is $40.
(iii) The nonrefundable examination fees shall be paid
each time an individual takes an examination.
(iv) A military service member, military veteran, or
military spouse shall be exempt from the examination fee pursuant
to the requirements in §13.76 of this title (relating to Military
Fee Exemption). An individual who receives a military fee exemption
is not exempt from renewal fees specified in subsection (h) of this
section.
(v) Beginning February 7, 2023, individuals who register
for an examination to be administered by a testing or proctoring service
shall pay any fee required by the testing or proctoring service in
addition to paying the examination fee to the Commission.
(D) Time limits.
(i) An applicant shall complete the examination within
two hours.
(ii) The examination proctor shall be the official
timekeeper.
(iii) An examinee shall submit the examination and
the answer sheet to the examination proctor before or at the end of
the established time limit for an examination.
(iv) The examination proctor shall mark any answer
sheet that was not completed within the time limit.
(E) Each individual who performs CNG activities as
an employee of an ultimate consumer or a state agency, county, municipality,
school district, or other governmental subdivision shall be properly
supervised by his or her employer. Any such individual who is not
certified by AFS to perform such CNG activities shall be properly
trained by a competent person in the safe performance of such CNG
activities.
(c) The following examinations are offered by the Commission.
(1) Employee‑level examinations:
(A) The Service and Installation Technician examination
qualifies an individual to perform all CNG activities related to stationary
CNG systems, including CNG containers, piping, and equipment. The
Service and Installation examination does not authorize an individual
to fill containers or operate a CNG transport.
(B) The Delivery Truck Driver examination qualifies
an individual to operate a cargo tank, load and unload CNG and connect
and disconnect transfer hoses, and operate a cylinder delivery unit.
(C) The Cylinder Filler examination qualifies an individual
to inspect, fill, disconnect, and connect CNG cylinders.
(2) Management‑level examinations:
(A) Category 1 examination qualifies an individual
to assemble, repair, test, sell, install, and subframe ASME and DOT
containers.
(B) Category 1A examination qualifies an individual
to assemble, repair, test, sell, install, and subframe ASME containers.
(C) Category 1B examination qualifies an individual
to assemble, repair, test, sell, install, and subframe DOT containers.
(D) Category 2 examination qualifies an individual
to sell, install, service, and repair CNG systems, including cylinders.
(E) Category 3 examination qualifies an individual
to sell, store, transport for delivery and dispense CNG for use other
than by an ultimate consumer, and to sell, install, service, and repair
CNG systems as described in Category 2 and 5 examinations.
(F) Category 4 examination qualifies an individual
to test CNG cylinders.
(G) Category 5 examination qualifies an individual
to operate a CNG service station, including filling CNG cylinders,
or operate a cylinder exchange dealership, including filling CNG cylinders,
selling CNG in cylinders, selling CNG cylinders, and replacing cylinder
valves.
(d) Within 15 calendar days of the date an individual
takes an examination, AFS shall notify the individual of the results
of the examination.
(1) If the examination is graded or reviewed by a testing
or proctoring service, AFS shall notify the individual of the examination
results within 14 days of the date AFS receives the results from the
testing or proctoring service.
(2) If the notice of the examination results will be
delayed for longer than 90 days after the examination date, AFS shall
notify the individual of the reason for the delay before the 90th
day. AFS may require a testing or proctoring service to notify an
individual of the individual's examination results.
(e) Failure of any examination shall immediately disqualify
the individual from performing any CNG related activities covered
by the examination which is failed, except for activities covered
by a separate examination which the individual has passed.
(1) Any individual who fails an examination administered
by the Commission at the Austin location may retake the same examination
one additional time during a business day.
(2) Any subsequent examinations shall be taken on another
business day, unless approved by the AFS director.
(3) An individual who fails an examination may request
an analysis of the individual's performance on the examination.
(f) Trainees.
(1) A licensee or ultimate consumer may employ an individual
as a trainee for a period not to exceed 45 calendar days without that
individual having successfully completed the rules examination, as
specified in subsection (b) of this section, or registered as specified
in subsection (g) of this section, subject to the following conditions:
(A) In addition to NFPA 52 §4.2, the trainee shall
be directly and individually supervised at all times by an individual
who has successfully completed the Commission's rules examination
for the areas of work being performed by the trainee.
(B) A trainee who has been in training for a total
period of 45 calendar days, in any combination and with any number
of employers, shall cease to perform any CNG activities for which
the trainee is not certified until the trainee successfully completes
the rules examination.
(2) A trainee who fails the rules examination shall
immediately cease to perform any CNG related activities covered by
the examination failed.
(g) General installers and repairmen exemption.
(1) Any individual who is currently licensed as a master
or journeyman plumber by the Texas State Board of Plumbing Examiners
or who is currently licensed with a Class A or B Air Conditioning
and Refrigeration Contractors License issued by the Texas Department
of Licensing and Regulation, may register with AFS and be granted
an exemption to the service and installation technician employee-level
examination requirements, provided the applicant:
(A) holds an active license in compliance with Texas
Occupations Code, §1302.260, relating to Issuance and Term of
License, and §1301.351, relating to License, Endorsement, or
Registration Required;
(B) submits a completed CNG Form 1016B;
(C) submits the required $30 original filing fee, except
as described in paragraph (8) of this subsection;
(D) submits a legible copy of a current Air Conditioning
and Refrigeration Contractors License or Master/Journeyman Plumbers
certificate; and
(E) submits a legible copy of a current picture state-issued
identification card or driver's license.
(2) This exemption does not become effective until
the examination exemption card is issued by AFS.
(3) The examination exemption accrues to the individual
and is nontransferable. An exemption does not allow other individuals
to perform CNG related activities under the supervision of the registered
individual. Each individual performing CNG related activities must
be registered or certified by examination in accordance with subsection
(a) of this section.
(4) Any individual granted such exemption shall maintain
registered status at all times. Upon failure to maintain registered
status, the individual shall immediately cease all affected CNG activities
until proper status has been regained.
(5) In order to maintain an exemption, each individual
issued an examination exemption card must maintain a valid master
or journeyman plumbers license or Class A or B Air Conditioning and
Refrigeration Contractors license. Each individual shall also pay
a $20 annual renewal fee to AFS on or before May 31 of each year.
Failure to pay the annual renewal fee by May 31 shall result in a
lapsed exemption. If an individual's exemption lapses, that individual
shall cease all CNG activities until the exemption has been renewed.
To renew a lapsed exemption, the individual shall pay the $20 annual
renewal fee plus a $20 late‑filing fee. Failure to do so shall
result in the expiration of the examination exemption. If the individual's
examination exemption has been expired for more than two years, the
individual shall complete all requirements necessary to apply for
a new exemption.
(6) Individuals issued an exemption must maintain a
valid master or journeyman plumbers license or ACR Contractors license
to renew their Commission registration.
(7) Any individual who is issued an exemption under
this subsection agrees to comply with the current edition of the rules
in this chapter. In the event the exempt individual surrenders, fails
to renew, or has the license revoked either by the Texas State Board
of Plumbing Examiners or Texas Department of Licensing and Regulation,
that individual shall immediately cease performing any CNG activity
granted by this section.
(8) A military service member, military veteran, or
military spouse shall be exempt from the original registration fee
pursuant to the requirements in §13.76 of this title. An individual
who receives a military fee exemption is not exempt from renewal fees
specified in subsection (h) of this section.
(h) Requirements for certificate holder renewal.
(1) In order to maintain active status, certificate
holders shall renew their certificate or exemption annually as specified
in this subsection.
(2) AFS shall notify licensees of any of their employees'
pending renewal deadlines and shall notify the individual, if not
employed by a licensee, in writing, at the address on file with AFS,
no later than March 15 of a year for the May 31 renewal date of that
year.
(3) Certificate holders shall pay the nonrefundable
$25 annual certificate renewal fee to AFS on or before May 31 of each
year. Individuals who hold more than one certificate shall pay only
one annual renewal fee.
(A) Failure to pay the nonrefundable annual renewal
fee by the deadline shall result in a lapsed certificate.
(i) To renew a lapsed certificate, the individual shall
pay the nonrefundable $25 annual renewal fee plus a nonrefundable
$20 late-filing fee. Failure to do so shall result in the expiration
of the certificate.
(ii) If an individual's certificate lapses or expires,
that individual shall immediately cease performance of any CNG activities
authorized by the certificate.
(iii) If an individual's certificate has been expired
for more than two years from May 31 of the year in which the certificate
lapsed, that individual shall comply with the requirements of subsection
(a) of this section.
(B) Upon receipt of the annual renewal fee and late
filing fee, AFS shall verify that all applicable requirements have
been met. After verification, AFS shall renew the certificate and
send a copy of the certificate, and the individual may continue or
resume CNG activities authorized by that certificate.
|
| Source Note: The provisions of this §13.70 adopted to be effective November 15, 1990, 15 TexReg 5941; amended to be effective October 15, 1993, 18 TexReg 6457; amended to be effective August 30, 1999, 24 TexReg 6733; amended to be effective October 22, 2001, 26 TexReg 8342; amended to be effective June 9, 2003, 28 TexReg 4416; amended to be effective June 5, 2006, 31 TexReg 4604; amended to be effective October 29, 2007, 32 TexReg 7677; amended to be effective February 1, 2008, 33 TexReg 141; amended to be effective December 24, 2012, 37 TexReg 9917; amended to be effective January4,2016, 41 TexReg 239; amended to be effective February 15, 2021, 46 TexReg 1035; amended to be effective February 7, 2023, 48 TexReg 507 |
