Texas Administrative Code (Last Updated: March 27,2024) |
TITLE 16. ECONOMIC REGULATION |
PART 1. RAILROAD COMMISSION OF TEXAS |
CHAPTER 9. LP-GAS SAFETY RULES |
SUBCHAPTER A. GENERAL REQUIREMENTS |
SECTION 9.52. Training and Continuing Education
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(a) Training. Individuals identified in §9.51(c) of this title (relating to General Requirements for LP-Gas Training and Continuing Education) shall complete training. (1) Available training courses. (A) The 2.1 Dispenser Operations course covers proper filling and handling of ASME motor/mobile fuel containers, appurtenances, DOT cylinders, and dispenser operations. (B) The 2.3 Bobtail Operations course covers federal and state regulations that apply to hazardous material transportation, the operation of propane delivery vehicles, and the rules in this chapter, including NFPA 54 and NFPA 58, which apply to LP-gas installations. (C) The 3.2 Residential System Installation course covers the requirements for proper installation and start-up of a residential propane system, including correct appliance operation. (D) The 3.3 Appliance Conversion, Installation and Venting course covers the requirements for converting, installing, and venting of propane gas appliances. (E) The 3.8 Recreational Vehicle Gas Appliances course covers servicing of recreational vehicles' LP-gas systems and appliances. (F) The 16-hour Category F, G, I, and J course covers ASME motor/mobile fuel containers, appurtenances, DOT cylinders, the operations of a dispenser to fill tanks and cylinders, and applicable LP-gas requirements for obtaining a Category F, G, I or J management-level certificate. (G) The 80-hour Category E course covers all the material in courses 2.1, 2.3, 3.2, 3.3 and 3.8, and the Commission's rules in this chapter, including NFPA 54 and NFPA 58. (2) Training requirements. (A) Category E management-level applicants shall attend the 80-hour Category E course; (B) Category F, G, I, and J management-level applicants shall attend the 16-hour Category F, G, I and J course; and (C) Category D, K and M management-level applicants and all applicants for employee-level certifications that are subject to training requirements shall complete an eight-hour course. A certificate holder's training deadline shall not be extended if that individual retakes and passes an examination for the current category and level of certification. A training deadline shall be extended only after a certificate holder successfully completes an applicable training course. (i) Category D management-level applicants shall complete the 3.2 course. (ii) Category K management-level applicants shall complete the 3.2 course. (iii) Category M management-level applicants complete the 3.8 course. (iv) DOT Cylinder Filler applicants shall complete the 2.1 course unless the individual is issued a Dispenser Operations certificate exemption. (v) Motor and Mobile Fuel Filler applicants shall complete the 2.1 course. (vi) Bobtail Driver applicants shall complete the 2.3 course. (vii) Service and Installation applicants shall complete the 3.2 course. (viii) Appliance Service and Installation applicants may complete either the 3.2 or 3.3 course. (ix) Recreational Vehicle Technician applicants shall complete the 3.8 course. (3) Individuals who pass an employee-level rules examination between March 1 and May 31 of any year shall have until May 31 of the next year to complete any required training. Individuals who pass an employee-level rules examination at other times shall have until the next May 31 to complete any required training. (4) Applicants for company representative or operations supervisor shall comply with the training requirements in this section prior to the Commission issuing a certificate. (b) Continuing education. A certificate holder shall complete at least eight hours of continuing education every four years as specified in this subsection. Continuing education courses are specified in subsection (e) of this section. (1) Upon fulfillment of the continuing education requirement, the certificate holder's next continuing education deadline shall be four years after the May 31 following the date of the most recent course the certificate holder has completed, unless the course was completed on May 31, in which case the deadline shall be four years from that date. (2) A certificate holder's continuing education deadline shall not be extended if an examination for a current category and level of certification is retaken and passed; a continuing education deadline shall be updated only after a certificate holder successfully completes an applicable continuing education course. An individual who completes a continuing education course after the assigned deadline shall have four years from the original deadline to complete the next course. (3) Certificate holders who are certified as recreational vehicle technicians or appliance service and installation technicians and are also certified to perform LP-gas activities covered by one or more other certifications shall complete the initial continuing education requirements for any one of the certifications held in order to maintain active status. For each subsequent continuing education requirement, such individuals shall be responsible for attending a different continuing education course relevant to one of the other certifications held. (4) Certificate holders who attend a course offered by an outside instructor shall not be entitled to a refund of the annual renewal fee or any other fees or penalties required by the Commission. (5) Certificate holders who have not paid the annual certificate renewal fee, including general installers and repairman exemption holders or members of the general public may attend courses at the charge specified in §9.51 of this title. A request to attend a course shall be in writing, submitted to the AFS training section, and granted at AFS' discretion on an individual basis and if space is available. (6) Any certificate holder who has timely paid the annual certificate renewal fee but is not otherwise required to attend a Commission continuing education course may voluntarily attend a course, if space is available, by registering with the AFS training section as specified in §9.51 of this title. (c) Adding a new certification. A current certificate holder who successfully completes an examination for an additional certification that requires completion of a training course shall be assigned a training deadline pursuant to subsection (a)(2) and (3) of this section. Upon completion of the required training, the certificate holder shall be assigned a continuing education date pursuant to subsection (b) of this section. (d) Train-the-Trainer courses. The Train-the-Trainer courses shall not count as credit towards the training or continuing education requirements. (e) Certificate holders may complete their continuing education requirement by attending a continuing education course for their specific certificate as listed in this subsection or by attending a CETP course listed in subsection (g) of this section: (1) the 4.1 Employee-Level Dispenser Operations Continuing Education course; (2) the 4.2 Employee-Level Service and Installation Continuing Education course; (3) the 4.3 Employee-Level Bobtail Driver Continuing Education course; (4) the 4.4 Employee-Level Recreational Vehicle Technician Continuing Education course; and (5) the 6.1 Regulatory Compliance for Managers course. (f) Continuing education credit for certificate holders. (1) Individuals holding the following certificates or exemption may receive continuing education credit for the 4.1 Employee-Level Dispenser Operations Continuing Education course: (A) a DOT Cylinder Filler certificate; (B) a Motor/Mobile Fuel Filler certificate; and/or (C) a Dispenser Operations certificate exemption. (2) Individuals holding the following certificates may receive continuing education credit for the 4.2 Employee-Level Service and Installation Continuing Education course: (A) a Service and Installation Technician certificate; and/or (B) an Appliance Service and Installation Technician certificate. (3) Individuals holding a Recreational Vehicle Technician certificate may receive continuing education credit for the 4.4 Employee-Level Recreational Vehicle Technician Continuing Education course. (4) Individuals holding a Bobtail Driver certificate may receive continuing education credit for the 4.3 Employee-Level Bobtail Driver Continuing Education course. (5) To meet continuing education requirements, all management-level certificate holders shall complete one of the following courses: (A) the 6.1 Regulatory Compliance for Managers course; or (B) a course listed in paragraphs (1) - (4) of this subsection. (6) Any employee-level or management-level certificate holder may also receive continuing education credit by completing any training course listed in subsection (a)(1) of this section for the certificate held by the individual. (g) Credit for CETP courses. An employee-level certificate holder who has successfully completed a CETP course, including any applicable knowledge and skills assessments, may receive credit toward the continuing education requirements specified in this section as follows: (1) Items on the table marked with an "x" indicate CETP courses that meet continuing education requirements for employee-level certificate holders in that category. (2) The successful completion of a CETP course is determined by a CETP course certificate, which is issued only after an individual has completed the prescribed course of study, including any related knowledge and skills assessments, for the applicable CETP job classification. (3) To receive credit toward the Commission's continuing education requirements, the certificate holder shall submit the following information, clearly readable, to AFS: (A) the individual's full name, address, and telephone number; (B) a copy of the certificate holder's certificate; and (C) a legible copy of the official CETP course certificate. (4) AFS shall review the submitted material within 30 business days of receipt and shall notify the certificate holder in writing that the request is approved, denied, or incomplete. (A) If the request is approved, the certificate holder will receive continuing education credit. AFS will send a new certificate if the request is submitted as part of the renewal process in §9.9 of this title (relating to Requirements for Certificate Holder Renewal). (B) If the request is denied, the certificate holder may submit additional information for review. (C) If the material is incomplete, AFS shall identify the necessary additional information required. (D) If the request is denied or incomplete, the certificate holder shall file any additional information within 30 calendar days of the date of the notice in order to receive credit for the CETP course attendance. (E) Certificate holders requesting credit for CETP course attendance shall submit such requests to allow processing time so that a request is finally approved by May 31 in order for the certificate holder to receive credit toward that deadline. (h) Credit for PERC-Based Course Attendance. Individuals shall receive credit for attending a PERC-based course per §9.20(2) of this title (relating to Dispenser Operations Certificate Exemption). Source Note: The provisions of this §9.52 adopted to be effective February 1, 2001, 26 TexReg 947; amended to be effective May 28, 2001, 26 TexReg 3742; amended to be effective August 25, 2003, 28 TexReg 6831; amended to be effective September 1, 2005, 30 TexReg 4810; amended to be effective May 1, 2006, 31 TexReg 3532; amended to be effective February 12, 2007, 32 TexReg 519; amended to be effective February 1, 2008, 33 TexReg 138; amended to be effective January 4, 2016, 41 TexReg 238; amended to be effective January 6, 2020, 45 TexReg 127; amended to be effective July 18, 2022, 47 TexReg 4119