SECTION 9.8. Requirements and Application for a New Certificate

(a) In addition to complying with NFPA 58, §§4.4 and 11.2, no person shall perform work, directly supervise LP-gas activities, or be employed in any capacity requiring contact with LP-gas unless:

(1) that individual is a certificate holder who is:

(A) in compliance with all applicable training and continuing education requirements in §9.51 and §9.52 of this title (relating to General Requirements for LP-Gas Training and Continuing Education, and Training and Continuing Education, respectively);

(B) in compliance with renewal requirements in §9.9 of this title (relating to Requirements for Certificate Holder Renewal); and

(C) employed by a licensee or a license-exempt entity in accordance with §9.7 of this title (relating to Applications for Licenses, Manufacturer Registrations, and Renewals) or holds a current examination exemption pursuant to §9.13 of this title (relating to General Installers and Repairman Exemption); or

(2) that individual is a trainee who complies with §9.12 of this title (relating to Trainees).

(b) Any individual, including an ultimate consumer, using an LP-gas transport on a public roadway must obtain a certificate.

(c) An applicant for a new certificate shall:

(1) file with AFS a properly completed LPG Form 16 and the applicable nonrefundable rules examination fee specified in §9.10 of this title (relating to Rules Examination);

(2) pass the applicable rules examination with a score of at least 75%; and

(3) complete any required training in §9.51 and §9.52 of this title.

(d) An applicant for a new Dispenser Operations certificate exemption shall comply with the requirements of §9.20 of this title (relating to Dispenser Operations Certificate Exemption).

(e) An individual who holds an employee-level certificate who wishes to obtain a management-level certificate shall comply with the requirements of this section, including training and fees.

Source Note: The provisions of this §9.8 adopted to be effective February 1, 2001, 26 TexReg 947; amended to be effective May 28, 2001, 26 TexReg 3742; amended to be effective September 1, 2005, 30 TexReg 4810; amended to be effective February 1, 2008, 33 TexReg 138; amended to be effective January 6, 2020, 45 TexReg 127; amended to be effective July 18, 2022, 47 TexReg 4119