- (a) If the Safety Division (the Division) determines that any LP-gas container or installation constitutes an immediate danger to the public health, safety, and welfare, the Division shall require the immediate removal of liquid and vapor LP-gas and/or the immediate disconnection by a properly licensed company to the extent necessary to eliminate the danger. This may include appliances, equipment, or any part of the system including the servicing container. A warning tag shall be installed by the Division until the unsafe condition is remedied. Once corrected, the tag shall be removed by the Division.
- (b) If the Division determines that any LP-gas container or installation does not comply with the Texas Natural Resources Code, Chapter 113, or the LP-Gas Safety Rules, but does not constitute an immediate danger to the public health, safety, and welfare, the Division shall take action to ensure that the container or installation comes into compliance as soon as practicable. Division action may include the placement of a warning tag. Once the container or installation complies with Texas Natural Resources Code, Chapter 113, and the LP-Gas Safety Rules, the Division may remove or delegate the removal of the warning tag.
- (c) If the affected entity disagrees with the removal from service and/or placement of a warning tag, the entity may request a review of the Division's decision within 10 calendar days. The Division shall notify such entity of its finding, in writing, stating the deficiencies, within 10 business days. If the entity disagrees, the entity may request or the Division on its own motion may call a hearing. Such installation shall be brought into compliance or removed from service until such time as the final decision is rendered by the Commission.
Source Note:The provisions of this §9.37 adopted to be effective February 1, 2001, 26 TexReg 947; amended to be effective September 1, 2005, 30 TexReg 4810.