SECTION 9.402. Clarification of Certain Terms Used in NFPA 58

(a) Authority having jurisdiction. As pertains to LP-gas activities in Texas, the phrase "authority having jurisdiction" defined in NFPA 58, §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," "labeled," and "listed" in NFPA 58, §3.2.

(b) Engineering. The Commission does not adopt language in any NFPA 58 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 58 rule or other NFPA pamphlets containing such language from Table 1 of §9.403 of this title (relating to Sections in NFPA 58 Not Adopted by Reference, and Adopted with Changes or Additional Requirements 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.

(c) Container capacity, piping system, and appliance exceptions. The Commission does not adopt language in any NFPA rule, chart, figure, or table pertaining to any LP-gas container having a water capacity of one gallon (4.2 pounds LP-gas capacity) or less, or to any LP-gas piping system or appliance attached or connected to such a container.

Source Note: The provisions of this §9.402 adopted to be effective February 1, 2001, 26 TexReg 947; amended to be effective September 29, 2003, 28 TexReg 8318; amended to be effective February 1, 2008, 33 TexReg 122