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(a)The LP-Gas Safety Rules in this chapter apply to
the design, installation, 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, LP-Gas Installations, Containers,
Appurtenances, and Equipment Requirements, applies to proposed and
existing LP-gas installations, containers, and equipment, including
cylinder exchange racks.
(3)Subchapter C, Vehicles, 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
in this chapter 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,
including any adopted NFPA pamphlets. For the purpose of consistency,
the figure of 4.20 lb is the equivalent of one gallon of LP-gas.
(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.
(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, Chapter 11, in Table 1 in §9.403
of this title 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 adoption and found it to be a valid exercise of the agency's
legal authority.
Filed with the Office
of the Secretary of State on December 17, 2019
TRD-201904862 Haley Cochran
Rules Attorney, Office of General Counsel
Railroad Commission of Texas
Effective date: January 6, 2020
Proposal publication date: October 25, 2019
For further information, please call: (512) 475-1295
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