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(a)The LP-Gas Safety Rules apply to the 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)Subchapter A, General Requirements, applies to various types of LP-gas activities, including licensing, examination, and training requirements. (2)Subchapter B, Stationary Installations and Container Requirements, applies to proposed and existing stationary LP-gas installations and containers, including cylinder exchange racks. (3)Subchapter C, Vehicles and Vehicle Dispensers, applies to transports and bobtails that deliver LP-gas, and school buses and other vehicles that are powered by LP-gas. (4)Subchapter D, Adoption by Reference of NFPA 54 (National Fuel Gas Code), applies to the adoption by reference of NFPA 54 and specifies additional or alternative requirements from those found in NFPA 54. (5)Subchapter E, Adoption by Reference of NFPA 58 (LP-Gas Code), applies to the adoption by reference of NFPA 58 and specifies additional or alternative requirements from those found in NFPA 58. (b)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. (e)As stated in Texas Natural Resources Code, Chapter 113, any LP-gas container with a water capacity of one gallon or less, or any LP-gas piping system, or appliance attached or connected to such a container is exempt from the LP-Gas Safety Rules, including any adopted NFPA pamphlets. For the purpose of consistency, the figure of 4.20 lb is used to determine the weight of one gallon of LP-gas. The omission of a specific NFPA 58 pamphlet or any other NFPA rule containing any such applicable language from Table 1 of §9.403 of this title (relating to Sections in NFPA 58 Not Adopted by Reference, and Adopted With Changes, Additional Requirements, or Corrections) is inadvertent and shall not be read or understood as requiring or allowing any such size of LP-gas container to comply with the adopted LP-gas safety rule requirements. (f)This chapter shall not apply to vehicles and fuel supply containers that: (1)are manufactured or installed by original equipment manufacturers; (2)comply with Title 49, Code of Federal Regulations, the Federal Motor Vehicle Safety Standards; and (3)comply with the National Fire Protection Association (NFPA) Code 58, Liquefied Petroleum Gas Code. (g)Vehicles and fuel supply containers excluded from the requirements of this chapter pursuant to subsection (f) of this section shall comply with the requirements of §9.203 of this title, relating to School Bus, Public Transportation, Mass Transit, and Special Transit Vehicle Installations and Inspections, and the Commission's exception to NFPA 58 §8.2.3(l) in Table 1 in §9.403(a), relating to Sections in NFPA 58 Not Adopted by Reference, and Adopted with Changes, Additional Requirements, or Corrections.
This agency hereby certifies that the adoption has been
reviewed by legal counsel and found to be a valid exercise of the agency's
legal authority.
Filed with the Office of
the Secretary of State on August 2, 2005
TRD-200503198 Mary Ross McDonald
Managing Director
Railroad Commission of Texas
Effective date: September 1, 2005
Proposal publication date: March 25, 2005
For further information, please call: (512) 475-1295
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