|(a) If AFS determines that any LP-gas container or
installation constitutes an immediate danger to the public health,
safety, and welfare, AFS shall require the immediate removal of liquid
and vapor LP-gas and/or the immediate disconnection by a properly
licensed company to the extent necessary to eliminate the danger.
This may include appliances, equipment, or any part of the system
including the servicing container. A warning tag shall be installed
by AFS until the unsafe condition is remedied. Once the unsafe condition
is corrected, the tag may be removed if authorized by AFS.
(b) If AFS determines that any LP-gas container or
installation does not comply with the Texas Natural Resources Code,
Chapter 113, or the rules in this chapter, but does not constitute
an immediate danger to the public health, safety, and welfare, AFS
shall take action to ensure that the container or installation comes
into compliance as soon as practicable. AFS action may include the
placement of a warning tag. Once the container or installation complies
with Texas Natural Resources Code, Chapter 113, and the rules in this
chapter, AFS may remove or delegate the removal of the warning tag.
(c) If the affected entity disagrees with the removal
from service and/or placement of a warning tag, the entity may request
a review of AFS' decision within 10 calendar days. AFS shall notify
such entity of its finding, in writing, stating the deficiencies,
within 10 business days. If the entity disagrees, the entity may request
or AFS on its own motion may call a hearing. Such installation shall
be brought into compliance or removed from service until such time
as the final decision is rendered by the Commission.
|Source Note: The provisions of this §9.37 adopted to be effective February 1, 2001, 26 TexReg 947; 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