SECTION 9.302. Clarification of Certain Terms Used in NFPA 54

(a) Authority having jurisdiction. As pertains to LP-gas activities in Texas, the phrase "authority having jurisdiction" defined in NFPA 54, §3.2, and referenced in other NFPA publications shall be the Railroad Commission of Texas or any of its divisions or employees, except with respect to the definitions of "approved," "engineering," "labeled," and "listed" in NFPA 54, §3.2.

(b) Qualified agency. The term "qualified agency" as defined in NFPA 54, §3.3.81, shall include a person (as "person" is defined in §9.2 of this title (relating to Definitions)) who holds a current license issued by the Commission, or a person performing certain LP-gas activities on his own premises, as allowed in §9.134 of this title (relating to Connecting Container to Piping).

(c) Engineering. The Commission does not adopt language in any NFPA 54 rule such as "sound engineering practice," "accepted engineering practice," "good engineering practice," "sound engineering design," or similar language that might be understood to mean or refer to the practice of engineering. The omission of a specific NFPA 54 rule or other NFPA pamphlets containing such language from the exceptions listed in this subchapter is inadvertent and shall not be read or understood as requiring, allowing, or approving the unlicensed practice of engineering or any other professional occupation requiring a license.

Source Note: The provisions of this §9.302 adopted to be effective February 1, 2001, 26 TexReg 947; amended to be effective February 1, 2008, 33 TexReg 122; amended to be effective January 6, 2020, 45 TexReg 127