1. (a) Each licensee shall have at least one company representative for the license and, in the case of a licensee other than a Category P licensee, at least one operations supervisor for each outlet.

   1. (1) A licensee maintaining one or more outlets shall file LPG Form 1 with the Commission designating the company representative for the license and/or LPG Form 1A designating the operations supervisor for each outlet.
   2. (2) A licensee may have more than one company representative.
   3. (3) An individual shall be operations supervisor at only one outlet.
   4. (4) The company representative may also serve as operations supervisor for one of the licensee's outlets provided that the individual meets both the company representative and the operations supervisor requirements in this section.

   5. (5) A licensee shall immediately notify the Commission in writing upon termination, for whatever reason, of its company representative or any operations supervisor and shall at the same time designate a replacement by submitting a new LPG Form 1 for a new company representative or a new LPG Form 1A for a new operations supervisor.

      1. (A) A licensee shall cease all LP-gas activities if, at the termination of its company representative, there is no other qualified company representative of the licensee who has complied with the Commission's requirements. A licensee shall not resume LP-gas activities until such time as it has a properly qualified company representative or it has been granted an extension of time in which to comply as specified in subsection (f) of this section.
      2. (B) A licensee shall cease LP-gas activities at an outlet if, at the termination of its operations supervisor for that outlet, there is no other qualified operations supervisor at that outlet who has complied with the Commission's requirements. A licensee shall not resume LP-gas activities at that outlet until such time as it has a properly qualified operations supervisor or it has been granted an extension of time in which to comply as specified in subsection (f) of this section.

2. (b) Company representative. A company representative shall comply with the following requirements:

   1. (1) be an owner or employee of the licensed entity, in the case of a licensee other than a Category P licensee;
   2. (2) be the licensee's principal individual in authority and, in the case of a licensee other than a Category P licensee, responsible for actively supervising all LP-gas activities conducted by the licensee, including all appliance, container, portable cylinder, product, and system activities;
   3. (3) have a working knowledge of the licensee's LP-gas activities to insure compliance with the LP-Gas Safety Rules;
   4. (4) pass the appropriate management-level rules examination and complete any required training specified in §9.52 of this title (relating to Training and Continuing Education Courses), or in the case of an applicant for a Category D license, obtain a General Installers and Repairman Exemption as specified in §9.13 of this title (relating to General Installers and Repairman Exemption);
   5. (5) comply with the work experience or training requirements in subsection (e) of this section, if applicable;
   6. (6) be directly responsible for all employees performing their assigned LP-gas activities, unless an operations supervisor is fulfilling this requirement; and
   7. (7) submit any additional information as deemed necessary by the Commission.

3. (c) Operations supervisors. An operations supervisor, in the case of a licensee other than a Category P licensee, shall comply with the following requirements:

   1. (1) be an owner or employee of the licensee;
   2. (2) pass the applicable management-level rules examination and complete any required training specified in §9.52 of this title (relating to Training and Continuing Education Courses) or, in the case of a Category D license only, obtain a General Installers and Repairman Exemption as specified in §9.13 of this title (relating to General Installers and Repairman Exemption), before commencing or continuing the licensee's LP-gas activities at the outlet; and
   3. (3) be directly responsible for actively supervising the LP-gas activities of the licensee at the designated outlet.

4. (d) In lieu of an operations supervisor requirement for a Category P license, the Category E, J, or other licensee providing the Category P licensee with portable cylinders for exchange shall be required to:

   1. (1) prepare a manual containing, at a minimum, the following:

      1. (A) a description of the basic characteristics and properties of LP-gas;
      2. (B) an explanation of the various parts of an LP-gas cylinder, including what the purpose of each part is and how to operate the cylinder valve;
      3. (C) complete instructions on how to properly transport cylinders in vehicles;
      4. (D) a prohibition against moving or installing cylinder cages at any store location;
      5. (E) a prohibition against taking or storing inside a building any cylinders that have or have had LP-gas in them;
      6. (F) a requirement that all cylinders containing LP-gas be stored in a manner so that the relief valve is in the vapor space of the cylinder;
      7. (G) a requirement that the employees who handle the cylinders know the location within the store of the manual and know the contents of the manual;
      8. (H) instructions related to any potential hazards that may be specific to a location, including but not limited to the proper distancing of cylinders from combustible materials and sources of ignition;
      9. (I) detailed emergency procedures regarding a leaking cylinder, including all applicable emergency contact numbers;
      10. (J) a requirement that any accidents be reported to the Category E, J, or other licensee who prepares the manual, and detailed procedures for reporting any accidents;
      11. (K) all Railroad Commission rules applicable to the Category P license, including the requirement that the Category P licensee is responsible for complying with all such rules;
      12. (L) all provisions of Subchapter H ("Enforcement") of Chapter 113 of the Texas Natural Resources Code;
      13. (M) a detailed description of the training provided to each employee of the Category P licensee who may be engaged in any activities covered by the Category P license; and
      14. (N) a page for the signatures, printed names and dates of training for each individual trained at each outlet on this manual.
   2. (2) provide a copy of the manual for display at each outlet or location of the Category P licensee;
   3. (3) provide training as to the contents of the manual to each employee who may be engaged in any activities covered by the Category P license at all outlets or locations of the Category P licensee and maintain records regarding the employees of the Category P licensee who have been trained; and
   4. (4) complete all three requirements of this subsection, for existing Category P licensees, prior to October 25, 2001, and within 45 days of any Category P license obtained on or after September 1, 2001.

5. (e) The Category P licensee is responsible for the following:

   1. (1) insuring that each employee who is involved with the activities covered by the Category P license is knowledgeable about the contents of the manual and has signed and dated the signature page of the manual; and
   2. (2) insuring that each such employee is aware of the location of the manual and can show the manual to employees of the Commission upon their request.
6. (f) Category P licensees. The company representative requirement for a Category P licensee may be satisfied by employing a Category E, J, or other licensee company representative if the Category E, J, or other company representative is authorized by the Category P licensee to assign and remove any employee who does not comply with the LP-Gas Safety Rules or who performs any unsafe LP-gas activities.
7. (g) Work experience substitution for Category E and I. The assistant director may, upon written request, allow a conditional qualification for a Category E or I company representative or operations supervisor who passes the applicable management-level rules examination provided that the individual attends and successfully completes the next available Category E or I training course, or one agreed on by the assistant director and the applicant. The written request shall include a description of the individual's LP-gas experience and other related information in order that the assistant director may properly evaluate the request. If the individual fails to complete the training requirements within the time granted by the assistant director, the conditional qualification shall immediately be voided and the conditionally qualified company representative or operations supervisor shall immediately cease all LP-gas activities. Applicants for company representative or operations supervisor who have less than three years' experience or experience which is not applicable to the category for which the individual is applying shall not be granted a conditional qualification and shall comply with the training requirements in §9.52 of this title (relating to Training and Continuing Education Courses) prior to the Commission issuing a certificate.

Source Note:The provisions of this §9.17 adopted to be effective February 1, 2001, 26 TexReg 947; amended to be effective September 10, 2001, 26 TexReg 6883.