16 Tex. Admin. Code § 9.2 - Definitions
In addition to the definitions in any adopted NFPA pamphlets, the following words and terms, when used in this chapter, shall have the following meanings, unless the context clearly indicates otherwise.
(1) AFS--The Commission's Alternative Fuels
Safety Department within the Commission's Oversight and Safety
Division.
(2) Aggregate water
capacity (AWC)--The sum of all individual container capacities measured by
weight or volume of water which are placed at a single installation
location.
(3) Bobtail driver--An
individual who operates an LP-gas cargo tank motor vehicle of 5,000 gallons
water capacity or less in metered delivery service.
(4) Breakaway--The accidental separation of a
hose from a cylinder, container, transfer equipment, or dispensing equipment,
which could occur on a cylinder, container, transfer equipment, or dispensing
equipment whether or not they are protected by a breakaway device.
(5) Certificate holder--An individual:
(A) who has passed the required
management-level qualification examination, pursuant to §
9.10 of this title (relating to
Rules Examination);
(B) who has
passed the required employee-level qualification examination pursuant to §
9.10 of this title;
(C) who holds a current reciprocal
examination exemption pursuant to §
9.18 of this title (relating to
Reciprocal Examination Agreements with Other States);
(D) who holds a current examination exemption
certificate pursuant to §
9.13 of this title (relating to
General Installers and Repairman Exemption); or
(E) who holds a current Dispenser Operations
certificate exemption pursuant to §
9.20 of this title (relating to
Dispenser Operations Certificate Exemption).
(6) Certified--Authorized to perform LP-gas
work as set forth in the Texas Natural Resources Code. Employee certification
alone does not allow an individual to perform those activities which require
licensing.
(7) CETP--The Certified
Employee Training Program offered by the Propane Education and Research Council
(PERC), the National Propane Gas Association (NPGA), or their authorized agents
or successors.
(8) Commercial
installation--An LP-gas installation located on premises other than a single
family dwelling used as a residence, including but not limited to a retail
business establishment, school, bulk storage facility, convalescent home,
hospital, cylinder exchange operation, service station, forklift refueling
facility, private motor/mobile fuel cylinder filling operation, a microwave
tower, or a public or private agricultural installation.
(9) Commission--The Railroad Commission of
Texas.
(10) Company
representative--The individual designated to the Commission by a license
applicant or a licensee as the principal individual in authority and, in the
case of a licensee other than a Category P licensee, actively supervising the
conduct of the licensee's LP-gas activities.
(11) Container delivery unit--A vehicle used
by an operator principally for transporting LP-gas in cylinders.
(12) Continuing education--Courses required
to be successfully completed at least every four years by certificate holders
to maintain certification.
(13)
Director--The director of AFS or the director's delegate.
(14) DOT--The United States Department of
Transportation.
(15) Employee--An
individual who renders or performs any services or labor for compensation,
including individuals hired on a part-time or temporary basis, on a full-time
or permanent basis, and owner-employees.
(16) Interim approval order--The authority
issued by the Railroad Commission of Texas following a public hearing allowing
construction of an LP-gas installation.
(17) Leak grades--An LP-gas leak that is:
(A) a Grade 1 leak that represents an
existing or probable hazard to persons or property, and requires immediate
repair or continuous action until the conditions are no longer hazardous;
or
(B) a Grade 2 leak that is
recognized as being nonhazardous at the time of detection, but requires a
scheduled repair based on a probable future hazard.
(18) Licensed--Authorized by the Commission
to perform LP-gas activities through the issuance of a valid license.
(19) Licensee--A person which has applied for
and been granted an LP-gas license by the Commission, or who holds a master or
journeyman plumber license from the Texas State Board of Plumbing Examiners or
a Class A or B Air Conditioning and Refrigeration Contractors License from the
Texas Department of Licensing and Regulation and has properly registered with
the Commission.
(20) LP-Gas Safety
Rules--The rules adopted by the Railroad Commission in the Texas Administrative
Code, Title 16, Part 1, Chapter 9, including any NFPA or other documents
adopted by reference. The official text of the Commission's rules is that which
is on file with the Secretary of State's office and available at the Secretary
of State's web site or the Commission's web site.
(21) LP-gas system--All piping, fittings,
valves, and equipment, excluding containers and appliances, that connect one or
more containers to one or more appliances that use or consume LP-gas.
(22) Mass transit vehicle--Any vehicle which
is owned or operated by a political subdivision of a state, city, or county,
used primarily in the conveyance of the general public.
(23) Mobile fuel container--An LP-gas
container mounted on a vehicle to store LP-gas as the fuel supply to an
auxiliary engine other than the engine to propel the vehicle or for other uses
on the vehicle.
(24) Mobile fuel
system--An LP-gas system, excluding the container, to supply LP-gas as a fuel
to an auxiliary engine other than the engine to propel the vehicle or for other
uses on the vehicle.
(25) Motor
fuel container--An LP-gas container mounted on a vehicle to store LP-gas as the
fuel supply to an engine used to propel the vehicle.
(26) Motor fuel system--An LP-gas system,
excluding the container, which supplies LP-gas to an engine used to propel the
vehicle.
(27)
Noncorrosive--Corrosiveness of gas which does not exceed the limitation for
Classification 1 of ASTM International (ASTM) Copper Strip Classifications when
tested in accordance with ASTM D 1834-64, "Copper Strip Corrosion of Liquefied
Petroleum (LP) Gases."
(28)
Nonspecification unit--An LP-gas transport not constructed to DOT MC-330 or
MC-331 specifications but which complies with the exemption in 49 Code of
Federal Regulations §173.315(k). (See also "Specification unit" in this
section.)
(29) Operations
supervisor--The individual who is certified by the Commission to actively
supervise a licensee's LP-gas activities and is authorized by the licensee to
implement operational changes.
(30)
Outlet--A site operated by an LP-gas licensee from which any regulated LP-gas
activity is performed.
(31) Outside
instructor--An individual, other than a Commission employee, approved by AFS to
teach certain LP-gas training or continuing education courses.
(32) Person--An individual, partnership,
firm, corporation, joint venture, association, or any other business entity, a
state agency or institution, county, municipality, school district, or other
governmental subdivision, or licensee, including the definition of "person" as
defined in the applicable sections of 49 CFR relating to cargo tank hazardous
material regulations.
(33) Portable
cylinder--A receptacle constructed to DOT specifications, designed to be moved
readily, and used for the storage of LP-gas for connection to an appliance or
an LP-gas system. The term does not include a cylinder designed for use on a
forklift or similar equipment.
(34)
Property line--The boundary which designates the point at which one real
property interest ends and another begins.
(35) Public transportation vehicle--A vehicle
for hire to transport persons, including but not limited to taxis, buses
(excluding school buses and mass transit or special transit vehicles), or
airport courtesy vehicles.
(36)
Recreational vehicle--A vehicular-type unit primarily designed as temporary
living quarters for recreational, camping, travel, or seasonal use that either
has its own motive power or is mounted on, or towed by, another
vehicle.
(37) Registered
manufacturer--A person who has applied for and been granted a registration to
manufacture LP-gas containers by the Commission.
(38) Rules examination--The Commission's
written examination that measures an examinee's working knowledge of Chapter
113 of the Texas Natural Resources Code and/or the current rules in this
chapter.
(39) School--A public or
private institution which has been accredited through the Texas Education
Agency or the Texas Private School Accreditation Commission.
(40) School bus--A vehicle that is sold or
used for purposes that include carrying students to and from school or related
events.
(41) Self-service
dispenser--A listed device or approved equipment in a structured cabinet for
dispensing and metering LP-gas between containers that must be accessed by
means of a locking device such as a key, card, code, or electronic lock, and
which is operated by a certified employee of an LP-gas licensee or an ultimate
consumer trained by an LP-gas licensee.
(42) Service station--An LP-gas installation
that, for retail purposes, operates a dispensing station and/or conducts
cylinder filling activities.
(43)
Special transit vehicle--A vehicle designed with limited passenger capacity
which is used by a mass transit authority for special transit purposes, such as
transport of mobility impaired persons.
(44) Specification unit--An LP-gas transport
constructed to DOT MC-330 or MC-331 specifications. (See also "Nonspecification
unit" in this section.)
(45)
Subframing--The attachment of supporting structural members to the pads of a
container, excluding welding directly to or on the container.
(46) Trainee--An individual who has not yet
taken and passed an employee-level rules examination.
(47) Training--Courses required to be
successfully completed as part of an individual's requirements to obtain or
maintain certain certificates.
(48)
Transfer system--All piping, fittings, valves, pumps, compressors, meters,
hoses, bulkheads, and equipment utilized in transferring LP-gas between
containers.
(49) Transport--Any
bobtail or semitrailer equipped with one or more containers.
(50) Transport driver--An individual who
operates an LP-gas trailer or semi-trailer equipped with a container of more
than 5,000 gallons water capacity.
(51) Transport system--Any and all piping,
fittings, valves, and equipment on a transport, excluding the
container.
(52) Ultimate
consumer--A person who buys a product to use rather than for resale.
Notes
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No prior version found.