(a)The LP-Gas Safety Rules in this chapter apply
to the design, installation, [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) - (2)(No change.)
(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) - (5)(No change.)
(b) - (c)(No change.)
(d)Unless otherwise stated, the LP-Gas Safety
Rules in this chapter [LP-Gas
Safety Rules ] are not retroactive. Any installation
of an LP-gas system, containers, and appliances shall meet the requirements
of this chapter at the time of installation.
(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 in this
chapter [LP-Gas Safety Rules ],
including any adopted NFPA pamphlets. For the purpose of consistency,
the figure of 4.20 lb is the equivalent [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; and
(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[, relating] to School Bus, Public
Transportation, Mass Transit, and Special Transit Vehicle Installations
and Inspections), and the Commission's exception to NFPA
58, Chapter 11, [§11.4.1.5] in Table 1
in §9.403 of this title [§9.403(a),]
relating to Sections in NFPA 58 Not Adopted by Reference, and Adopted
with Changes or Additional Requirements.
The agency certifies that legal counsel has
reviewed the proposal and found it to be within the state agency's
legal authority to adopt.
Filed with the Office
of the Secretary of State on October 1, 2019
TRD-201903548 Haley Cochran
Rules Attorney, Office of General Counsel
Railroad Commission of Texas
Earliest possible date of adoption: November 24, 2019
For further information, please call: (512) 475-1295
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