Chairman David Porter Commissioner Christi Craddick Commissioner Ryan Sitton October 2016

1. Chairman David Porter Commissioner Christi Craddick Commissioner Ryan Sitton October 2016

2. LP-Gas Safety Rules Workshop October 10, 2016 Oversight and Safety Division Alternative Fuels Safety Department April Richardson

3. LP-Gas Safety Rules Workshop In case of Evacuation… Restrooms and Water Fountain Workshop scheduled 9:00 – 11:00

4. LP-Gas Safety Rules Workshop • Agenda • Review proposed changes with large number of informal comments received. Ordered by number of comments received. (9 rule references) • Review new proposed rule regarding political subdivisions petitioning the Commission to promulgate more restrictive rules • Review proposed rule changes with fewer comments. (Less than 20) Starting with those that resulted in modifications to proposed language. (23rule references) • Open Discussion

5. LP-Gas Safety Rules Workshop §9.9. Requirements for Certificate Holder Renewal. (c) Effective [date to be determined before formal proposal], each individual certified through examination shall retake applicable examinations every six years. Individuals who take and pass an examination on or after the effective date of this subsection shall retake that examination within six years and every six years thereafter. Individuals who completed an exam prior to the effective date of this subsection shall retake the exam before their current continuing education due date and then every six years thereafter.

6. LP-Gas Safety Rules Workshop §9.9. Requirements for Certificate Holder Renewal. (c) Effective [date to be determined before formal proposal], each individual certified through examination shall retake applicable examinations every six nineyears. Individuals who take and pass an examination on or after the effective date of this subsection shall retake that examination within six nineyears and every six nineyears thereafter. Individuals who completed an exam prior to the effective date of this subsection shall retake the exam before their current continuing education due date and then every six nineyears thereafter.

7. LP-Gas Safety Rules Workshop §9.101. Filings Required for Stationary LP-Gas Installations. (a) General Requirements. No LP-gas container shall be placed into LP-gas service or an installation operated or used in LP-gas service until the requirements of this section, as applicable, are met and the facility is in compliance with all applicable LP-Gas Safety Rules and statutes, in addition to any applicable permitting requirements of the municipality or the county where an installation is or will be located if the municipality or county has complied with Texas Natural Resources Code §113.054. LP-gas systems under the jurisdiction of DOT Safety regulations in 49 CFR Parts 192 and 199, and Part 40 shall comply with Chapter 8 of this title (relating to Pipeline Safety Regulations) prior to implementation of service.

8. LP-Gas Safety Rules Workshop §9.101. Filings Required for Stationary LP-Gas Installations. (a) General Requirements. No LP-gas container shall be placed into LP-gas service or an installation operated or used in LP-gas service until the requirements of this section, as applicable, are met and the facility is in compliance with all applicable LP-Gas Safety Rules and statutes, in addition to any applicable permitting requirements of the municipality or the county where an installation is or will be located if the municipality or county has complied with Texas Natural Resources Code §113.054. LP-gas systems under the jurisdiction of DOT Safety regulations in 49 CFR Parts 192 and 199, and Part 40 shall comply with Chapter 8 of this title (relating to Pipeline Safety Regulations) prior to implementation of service.

9. LP-Gas Safety Rules Workshop §9.27. Application for an Exception to a Safety Rule. (b) The application shall contain the following: (4) for all stationary installations, regardless of size, a description of the acreage and/or address upon which the subject of the exception will be located. The description shall be in writing and shall include: (E) a copy of any applicable permits required by the city and/or county in which the proposed installation will be located; and

10. LP-Gas Safety Rules Workshop §9.105. Temporary Installations. (a) In addition to NFPA 58, §4.3.2, temporary LP-gas installations shall meet the requirements of this section. (1) Prior to the completion of a temporary installation with an individual or aggregate water capacity less than 10,000 gallons, the licensee shall file LPG Form 501 with AFS, and include proof of the local fire marshal's approval if the installation is within such jurisdiction. (2) Prior to the completion of a temporary installation with an individual or aggregate water capacity of 10,000 gallons or more, the licensee or non-licensee shall file LPG Form 500, including plans and specifications, and proof of the local fire marshal's approval if the installation is within such jurisdiction.

11. LP-Gas Safety Rules Workshop §9.105. Temporary Installations. (a) In addition to NFPA 58, §4.3.2, temporary LP-gas installations shall meet the requirements of this section. (1) Prior to the completion of a temporary installation with an individual or aggregate water capacity less than 10,000 gallons, the licensee shall file LPG Form 501 with AFS, and include a copy of the proof of thelocal fire marshal's approval if applicable the installation is within such jurisdiction. (2) Prior to the completion of a temporary installation with an individual or aggregate water capacity of 10,000 gallons or more, the licensee or non-licensee shall file LPG Form 500 with AFS, attach includingplans and specifications, and include a copy proofof the local fire marshal's approval if applicable the installation is within such jurisdiction.

12. LP-Gas Safety Rules Workshop §9.10. Rules Examination. (c) [(a)] An [In addition to complying with NFPA §§4.4 and 11.2, an] individual who files LPG Form 16 and pays the applicable nonrefundable examination fee may take the rules examination [at the Commission's AFRED Training Center, 6506 Bolm Road, Austin, Texas, between the hours of 8:00 a.m. and 12:00 noon, Monday through Friday, except for state holidays, and at other designated times and locations around the state. Tuesdays and Thursdays are the preferred days for examinations at the AFRED Training Center.] (6) Management-level examinations are closed book. Employee-level examination are open book. The Commission will provide copies of the publications for an examinee's use.

13. LP-Gas Safety Rules Workshop Current Rule: §9.10. Rules Examination. (a)(6) Time limits. (A) Effective June 1, 2008, an applicant shall complete the examination within the time limit specified in this paragraph. (i) The Category E management-level (closed book), Bobtail employee-level (open book), and Service and Installation employee-level (open book) examinations shall be limited to three hours.

14. LP-Gas Safety Rules Workshop §9.13. General Installers and Repairman Exemption. (a) Any individual who is currently licensed as a master or journeyman plumber by the Texas State Board of Plumbing Examiners or who is currently licensed with a Class A or B Air Conditioning and Refrigeration Contractors License issued by the Texas Department of Licensing and Regulation may register with AFS [AFRED] and be granted an exemption to the Category D licensing and examination requirements (including insurance[, and training and continuing education]) provided the applicant: (6) pays the course registration fee and attends a 16-hour course as described in §9.52 of this title (relating to Training and Continuing Education).

15. LP-Gas Safety Rules Workshop §9.13. General Installers and Repairman Exemption. (a) Any individual who is currently licensed as a master or journeyman plumber by the Texas State Board of Plumbing Examiners or who is currently licensed with a Class A or B Air Conditioning and Refrigeration Contractors License issued by the Texas Department of Licensing and Regulation may register with AFS [AFRED] and be granted an exemption to the Category D licensing and examination requirements (including insurance[, and training and continuing education]) provided the applicant: (6) pays the course registration fee and attends a 16-hour course as described in §9.52 of this title (relating to Training and Continuing Education) if the individual will install containers.

16. LP-Gas Safety Rules Workshop §9.10. Rules Examination. • [(a)] An [In addition to complying with NFPA §§4.4 and 11.2, an] individual who files LPG Form 16 and pays the applicable nonrefundable examination fee may take the rules examination [at the Commission's AFRED Training Center, 6506 Bolm Road, Austin, Texas, between the hours of 8:00 a.m. and 12:00 noon, Monday through Friday, except for state holidays, and at other designated times and locations around the state. Tuesdays and Thursdays are the preferred days for examinations at the AFRED Training Center.] (4) [(6)] Time limits. (A) An [Effective June 1, 2008, an] applicant shall complete the examination within the time limit specified in this paragraph. (i) The Category E management-level [(closed book)], Bobtail employee-level [(open book)], and Service and Installation employee-level [(open book)] examinations shall be limited to three hours. (ii) All other [categories of] management-level [examinations] and [all other] employee-level examinations shall be limited to two hours.

17. LP-Gas Safety Rules Workshop Current Rule: §9.10. Rules Examination. (a)(6) Time limits. (A) Effective June 1, 2008, an applicant shall complete the examination within the time limit specified in this paragraph. (i) The Category E management-level (closed book), Bobtail employee-level (open book), and Service and Installation employee-level (open book) examinations shall be limited to three hours. (ii) All other categories of management-level examinations and all other employee-level examinations shall be limited to two hours.

18. LP-Gas Safety Rules Workshop §9.13. General Installers and Repairman Exemption. (a) Any individual who is currently licensed as a master or journeyman plumber by the Texas State Board of Plumbing Examiners or who is currently licensed with a Class A or B Air Conditioning and Refrigeration Contractors License issued by the Texas Department of Licensing and Regulation may register with AFS [AFRED] and be granted an exemption to the Category D licensing and examination requirements (including insurance[, and training and continuing education]) provided the applicant: (3) submits the required $75 registration fee, except as described in subsection (g) of this section;

19. LP-Gas Safety Rules Workshop §9.140. System [Uniform] Protection Requirements [Standards]. (g) [(h)] In addition to NFPA 58, §.4.2.2, storage [Storage] racks used to store nominal 20-pound DOT portable or any size forklift containers shall be protected against vehicular damage by: (1) the use of concrete curbs and/or wheelstops, provided: (A) the cylinder storage rack is located a minimum of 48 inches behind a curb or wheel stop that is a minimum of five inches in height above the grade of the driveway or parking area; (B) if the requirements of subparagraph (A) cannot be met, the cylinder storage rack must be installed a minimum of 48 inches behind a curb or wheel stop that is a minimum of four inches in height above the grade of the driveway or parking area, and a wheel stop at least four inches in height must be installed at least 12 inches from the curb or first wheel stop; (C) All parking wheel stops and cylinder storage racks must be secured against displacement.

20. LP-Gas Safety Rules Workshop §9.140. System [Uniform] Protection Requirements [Standards]. (g) [(h)] In addition to NFPA 58, §8.4.2.2, storage [Storage] racks used to store nominal 20-pound DOT portable or any size forklift containers shall be protected against vehicular damage by: (1) the use of concrete curbs and/or wheelstops, provided: (A) the cylinder storage rack is located a minimum of 48 inches behind a curb or wheel stop that is a minimum of five inches in height above the grade of the driveway or parking area; (B) if the requirements of subparagraph (A) cannot be met, the cylinder storage rack must be installed a minimum of 48 inches behind a curb or wheel stop that is a minimum of four inches in height above the grade of the driveway or parking area, and a wheel stop at least four inches in height must be installed at least 12 inches from the curb or first wheel stop; (C) All parking wheel stops and cylinder storage racks must be secured against displacement.

21. LP-Gas Safety Rules Workshop §9.140. System [Uniform] Protection Requirements [Standards]. (h)  In addition to NFPA 58, §8.4.2.2, storage [Storage] racks used to store nominal 20-pound DOT portable or any size forklift containers shall be protected against vehicular damage by: (3) Steel cabinets constructed to meet the following specifications are not required to have additional vehicular protection: (A) 30 inches in length, 44 inches in width, 72 inches in height; (B) Perimeter frame and shelf supports comprised of 2 x 2 inch angle iron; (C) 40 x 26 inch shelves located at 21 inch intervals; (D) Outer walls constructed of steel mesh; and (E) Support footings comprised of threaded levelers with steel floor tabs. (4) Aluminum cabinets constructed to meet the following specifications are not required to have additional vehicular protection: (A) 26 inches in length, 40 inches in width, 68 inches in height; (B) Perimeter frame and shelf supports comprised of aluminum angle; (C) Shelves located at 19.5 inch intervals; (D) Outer walls constructed of aluminum sheets with small cutouts; and (E) Support footings comprised of threaded levelers with aluminum floor tabs.

22. LP-Gas Safety Rules Workshop • New proposed rule regarding the process for a political subdivision to petition the Commission for permission to promulgate more restrictive rules. • 9.29 (Word document)

23. LP-Gas Safety Rules Workshop §9.1. Application of Rules, Severability, and Retroactivity. (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.

24. LP-Gas Safety Rules Workshop §9.1. Application of Rules, Severability, and Retroactivity. (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.

25. LP-Gas Safety Rules Workshop 9.2 Definitions Agricultural Installation – An LP-gas installation used in the practice of farming, including cultivation of the soil for the growing of crops and the rearing of animals to provide food, wool and other products.                Private – The products resulting from use of the LP-gas installation are used by the individual involved in the practice of agriculture                Public - The products resulting from use of the LP-gas installation are sold.

26. LP-Gas Safety Rules Workshop 9.2 Definitions (54) [(60)] Ultimate consumer--The person controlling LP-gas immediately prior to its ignition. (54) [(60)] Ultimate consumer– A person who buys a product to use rather than for resale. [The person controlling LP-gas immediately prior to its ignition.]