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) AFS--The Commission's Alternative Fuels Safety
Department within the Commission's Oversight and Safety Division.
(2) 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.
(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) 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.
(6) 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
(7) Certificate holder--An individual:
(A) who has passed the required management-level qualification
examination, pursuant to §9.10 of this title (relating to Rules
(B) who has passed the required employee-level qualification
examination pursuant to §9.10 of this title;
(C) who holds a current reciprocal examination exemption
pursuant to §9.18 of this title (relating to Reciprocal Examination
Agreements with Other States); or
(D) who holds a current examination exemption certificate
pursuant to §9.13 of this title (relating to General Installers
and Repairman Exemption).
(8) 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
(9) 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.
(10) 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, cylinder
exchange operation, service station, forklift refueling facility,
private motor/mobile fuel cylinder filling operation, a microwave
tower, or a public or private agricultural installation.
(11) Commission--The Railroad Commission of Texas.
(12) 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
(13) Container delivery unit--A vehicle used by an
operator principally for transporting LP-gas in cylinders.
(14) Continuing education--Courses required to be successfully
completed at least every four years by certificate holders to maintain
(15) Director--The director of AFS or the director's
(16) DOT--The United States Department of Transportation.
(17) 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,
(18) Interim approval order--The authority issued by
the Railroad Commission of Texas following a public hearing allowing
construction of an LP-gas installation.
(19) Leak grades--An LP-gas leak that is:
(A) a Grade 1 leak that represents an existing or probable
hazard to persons or property, and requires immediate repair or continuous
action until the conditions are no longer hazardous; or
(B) a Grade 2 leak that is recognized as being nonhazardous
at the time of detection, but requires a scheduled repair based on
a probable future hazard.
(20) Licensed--Authorized by the Commission 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 the Secretary
of State's web site or the Commission's web site.
(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
(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
(29) Noncorrosive--Corrosiveness of gas which does
not exceed the limitation for Classification 1 of ASTM International
(ASTM) Copper Strip Classifications when tested in accordance with
ASTM D 1834-64, "Copper Strip Corrosion of Liquefied Petroleum (LP)
(30) 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.)
(31) Operations supervisor--The individual who is certified
by the Commission to actively supervise a licensee's LP-gas activities
and is authorized by the licensee to implement operational changes.
(32) Outlet--A site operated by an LP-gas licensee
from which any regulated LP-gas activity is performed.
(33) Outside instructor--An individual, other than
a Commission employee, approved by AFS to teach certain LP-gas training
or continuing education courses.
(34) 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.
(35) 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.
(36) Property line--The boundary which designates the
point at which one real property interest ends and another begins.
(37) 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
(38) 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.
(39) Registered manufacturer-- A person who has applied
for and been granted a registration to manufacture LP-gas containers
by the Commission.
(40) 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
(41) 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 rules in this chapter.
(42) School--A public or private institution which
has been accredited through the Texas Education Agency or the Texas
Private School Accreditation Commission.
(43) School bus--A vehicle that is sold or used for
purposes that include carrying students to and from school or related
(44) Self-service dispenser--A listed device or approved
equipment in a structured cabinet for dispensing and metering LP-gas
between containers that must be accessed by means of a locking device
such as a key, card, code, or electronic lock, and which is operated
by a certified employee of an LP-gas licensee or an ultimate consumer
trained by an LP-gas licensee.
(45) Service station--An LP-gas installation that,
for retail purposes, operates a dispensing station and/or conducts
cylinder filling activities.
(46) Special transit vehicle--A vehicle designed with
limited passenger capacity which is used by a mass transit authority
for special transit purposes, such as transport of mobility impaired
(47) Specification unit--An LP-gas transport constructed
to DOT MC-330 or MC-331 specifications. (See also "Nonspecification
unit" in this section.)
(48) Subframing--The attachment of supporting structural
members to the pads of a container, excluding welding directly to
or on the container.
(49) Trainee--An individual who has not yet taken and
passed an employee-level rules examination.
(50) Training--Courses required to be successfully
completed as part of an individual's requirements to obtain or maintain
(51) Transfer system--All piping, fittings, valves,
pumps, compressors, meters, hoses, bulkheads, and equipment utilized
in transferring 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--A person who buys a product
to use rather than for resale.
|Source Note: The provisions of this §9.2 adopted to be effective February 1, 2001, 26 TexReg 947; amended to be effective May 28, 2001, 26 TexReg 3742; amended to be effective September 10, 2001, 26 TexReg 6883; amended to be effective August 25, 2003, 28 TexReg 6831; amended to be effective September 1, 2005, 30 TexReg 4810; amended to be effective May 1, 2006, 31 TexReg 3532; amended to be effective February 12, 2007, 32 TexReg 519; 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 4, 2016, 41 TexReg 238; amended to be effective January 6, 2020, 45 TexReg 127