SECTION 9.36. Report of LP-Gas Incident/Accident

(a) At the earliest practical moment or within two hours following discovery, a licensee owning, operating, or servicing equipment or an installation shall notify AFS by telephone of any event involving LP-gas which:

(1) caused a death or any personal injury requiring hospitalization;

(2) required taking an operating facility out of service;

(3) resulted in unintentional gas ignition requiring an emergency response;

(4) involved the LP-gas installation on any vehicle propelled by or transporting LP-gas;

(5) caused an estimated damage to the property of the operator, others, or both totaling $5,000 or more, including gas loss;

(6) could reasonably be judged as significant because of rerouting of traffic, evacuation of buildings, or media interest even though it does not meet paragraphs (1) - (5) of this subsection; or

(7) is required to be reported to any other state or federal agency (such as the Texas Department of Public Safety or the United States Department of Transportation).

(b) The telephonic notice required by this section shall be made to the Railroad Commission's 24-hour emergency line at [phone] or 844-773-0305 and shall include the following:

(1) name of reporting operator;

(2) location of leak or incident;

(3) date and time of incident;

(4) fatalities and/or personal injuries;

(5) phone number of operator;

(6) status of incident regarding immediate hazard; and

(7) other significant facts relevant to the incident.

(c) Following the initial telephone report, the LP-gas licensee who made the telephone report shall submit a properly completed LPG Form 20 to AFS. The report shall be postmarked within 14 calendar days of the date of initial notification to AFS, or within five business days of receipt of the fire department's report, whichever occurs first, unless AFS grants authorization for a longer period of time when additional investigation or information is necessary.

(d) Within five business days of receipt, AFS shall review LPG Form 20 and notify in writing the person submitting the LPG Form 20 if the report is incomplete and specify in detail what information is lacking or needed. Incomplete reports may delay the resumption of LP-gas activities at the involved location.

(e) In the case of an accident or incident at a Category P licensee's location, the Category P licensee shall immediately notify the Category E or J licensee who supplies cylinders to the Category P licensee and the Category E or J licensee shall be responsible for making the accident or incident report to AFS as specified in this section.

Source Note: The provisions of this §9.36 adopted to be effective February 1, 2001, 26 TexReg 947; amended to be effective September 10, 2001, 26 TexReg 6883; amended to be effective September 1, 2005, 30 TexReg 4810; amended to be effective December 24, 2012, 37 TexReg 9913; amended to be effective January 6, 2020, 45 TexReg 127