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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. (6)Subchapter F, Adoption by Reference of NFPA 51 ( Standard for the Design and Installation of Oxygen-Fuel Gas Systems for Welding, Cutting, and Allied Processes ), applies to the use of LP-gas as a welding fuel. (b)Severability. 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.
This agency hereby certifies that the proposal has
been
reviewed by legal counsel and found to be within the agency's legal authority
to adopt.
Filed
with the Office of the Secretary of State, on September 13, 2000
TRD-200006483 Mary Ross McDonald
Deputy General Counsel
Railroad Commission of Texas
Proposed date of adoption: January 1, 2001
For further information, please call: (512) 475-1295
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