An individual may perform work and directly supervise LP-gas
activities requiring contact with LP-gas if the individual is granted
the Dispenser Operations Certificate Exemption. The exemption may
be obtained by completing the Dispensing Propane Safely course, including
examination, and complying with paragraph (1) of this section or by
completing a PERC-based training course and examination in accordance
with paragraph (2) of this section.
(1) Dispenser Operations Certificate Exemption through
PERC.
(A) To be granted a Dispenser Operations Certificate
Exemption through PERC, the applicant shall:
(i) submit a properly completed LPG Form 16P;
(ii) submit a legible copy of the PERC certificate
of completion, which shall:
(I) indicate that the Dispensing Propane Safely course
has been completed, including a copy of the transcript listing the
examinations completed;
(II) be issued to the individual listed on LPG Form
16P; and
(III) have a completion date after July 18, 2022, and
within six months of the date the LPG Form 16P is submitted;
(iii) submit a legible copy of a state-issued identification
card or driver's license, including a photo; and
(iv) pay a $40 registration fee.
(B) AFS will review the application to verify all requirements
have been met.
(i) If errors are found or information is missing on
the application or other documents, AFS shall notify the applicant
of the deficiencies in writing.
(ii) The applicant must respond with the required information
and/or documentation within 30 days of the written notice. Failure
to respond by the deadline will result in withdrawal of the application.
(iii) If all requirements have been met, the individual
will become a DOT cylinder filler and motor/mobile fuel filler certificate
holder as addressed in §9.10(d)(1)(F) and (d)(1)(J) of this title,
respectively, (relating to Rules Examination) and AFS shall send a
certificate to the licensee.
(2) Dispenser Operations Certificate Exemption through
a PERC-based course.
(A) Any individual who completes an approved PERC-based
course will be granted a Dispenser Operations Certificate Exemption
provided the report required in §9.55(h) of this title (relating
to PERC-Based Training) is submitted. The course shall include training
and examination. If all requirements have been met, the individual
will become a DOT cylinder filler and motor/mobile fuel filler certificate
holder as addressed in §9.10(d)(1)(F) and (d)(1)(J) of this title,
respectively, and AFS shall send a certificate to the licensee listed
on the report.
(B) AFS may refuse to issue or renew a certificate
for an individual who presents for credit an unapproved course; a
course from an unapproved company; or a course using unapproved, incomplete,
or incorrect materials.
(3) The Dispenser Operations Certificate Exemption
does not become effective until the certificate is issued by AFS.
(4) Certificate holders issued a Dispenser Operations
Certificate exemption shall comply with the rules in this chapter,
including the following rules:
(A) §9.135 of this title (relating to Unsafe or
Unapproved Containers, Cylinders, or Piping);
(B) §9.136 of this title (relating to Filling
of DOT Containers);
(C) §9.137 of this title (relating to Inspection
of Cylinders at Each Filling);
(D) §9.141(d) and (g) of this title (relating
to Uniform Safety Requirements); and
(E) the entry for NFPA 58 §7.4.3.1 in the Figure
in §9.403 of this title (relating to Sections in NFPA 58 Not
Adopted by Reference, and Adopted with Changes or Additional Requirements).
(5) The certificate accrues to the individual and is
nontransferable. An individual who has been issued a certificate shall
make the certificate readily available and shall present it to any
Commission employee or agent who requests proof of certification.
(6) Each individual shall:
(A) comply with all applicable continuing education
requirements 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);
(B) comply with renewal requirements in §9.9 of
this title (relating to Requirements for Certificate Holder Renewal);
and
(C) be employed by a licensee or a license-exempt entity
in accordance with §9.7 of this title (relating to Application
for Licenses, Manufacturer Registrations, and Renewals.
(7) Failure to comply with the renewal requirements
in §9.9 of this title shall result in the expiration of the certificate.
If an individual's exemption has been expired for more than two years,
that individual shall complete all requirements necessary to apply
for a new certificate.
(8) A military service member, military veteran, or
military spouse shall be exempt from the original registration fee
pursuant to the requirements in §9.14 of this title (relating
to Military Fee Exemption). An individual who receives a military
fee exemption is not exempt from renewal fees specified in §9.9
of this title.
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