1. (a) Definitions. The following words and terms, when used in this section, have the following meanings, unless the context clearly indicates otherwise:

   1. (1) Board of trustees--The governing entity of a school district.
   2. (2) School district--An entity created under the laws of this state and accredited by the Texas Education Agency under Texas Education Code, Chapter 39, Subchapter D; a private elementary or secondary school, other than a school in a residence; or a state or regional school for the blind and visually impaired or the deaf created under Texas Education Code, Chapter 30.
   3. (3) Supplier--An individual or company that sells and delivers LP-gas to a school district facility. If more than one individual or company sells and delivers LP-gas to a school district facility, each individual or company is a supplier for purposes of this section.

2. (b) School district requirements. Each school district shall ensure that a pressure test is performed on the LP-gas piping system in each school district facility as specified in this section. The pressure test shall be performed by an LP-gas licensee, a master or journeyman plumber registered with the Commission pursuant to §9.13 of this title (relating to General Installers and Repairman Exemption), or an employee of the school district who has been certified by the Commission to perform such pressure tests.

   1. (1) A test performed under a municipal code shall satisfy the pressure testing requirements of this section.
   2. (2) Unless performed pursuant to paragraph (1) of this subsection, the pressure test shall be conducted in accordance with the National Fire Protection Association's Pamphlet 54, National Fuel Gas Code, commonly referred to as NFPA 54, as adopted by the Commission in this chapter, and shall be performed to determine whether the LP-gas piping system holds at least the amount of pressure specified by NFPA 54.

   3. (3) If a leak is found, the school district shall immediately:

      1. (A) remove the LP-gas system from LP-gas service until repairs are made and another test is done and passed; and
      2. (B) report an identified LP-gas leakage in a school district facility to the board of trustees of the district in which the facility is located.
   4. (4) A school district shall provide written notice to the Safety Division (the Division) specifying the date and the result of each pressure test of the LP-gas piping system within one week of the date each test is performed.
   5. (5) Before the introduction of any LP-gas into an LP-gas piping system, each school district shall provide verification to the district's supplier that the LP-gas piping has been tested in accordance with this section.

3. (c) Supplier requirements. A supplier shall terminate LP-gas service to a school district facility if:

   1. (1) the supplier receives official notification from the firm or individual conducting the test or from the school district that there is hazardous leakage in the facility's LP-gas piping system;
   2. (2) the test performed at the facility was not performed in accordance with the requirements of this section; or
   3. (3) the supplier has not received verification from the school district that the LP-gas piping has been tested in accordance with this section.

4. (d) Commission requirements.

   1. (1) The Division shall maintain a copy of each school district's written notice under subsection (b)(4) of this section for at least one year from the date the Division receives the notice.
   2. (2) At the request of a school district, the Division shall assist the district in providing for the certification of an employee of the school district or school, as applicable, to conduct the test and in developing a procedure for conducting the test.
   3. (3) The Division shall enforce the provisions of this rule pursuant to Texas Natural Resources Code, Chapter 113.

5. (e) Compliance deadlines.

   1. (1) Each school district shall perform pressure tests as required by this section at least once every two years beginning with the 2002-2003 school year.
   2. (2) School districts shall complete the initial pressure tests before the beginning of the 2002-2003 school year. In the case of a year-round school, a school district shall ensure that the pressure test in each of those facilities is conducted and reported not later than July 1 of the year in which the test is performed, with the first test due by July 1, 2002.
   3. (3) A school district may perform the pressure tests on a two-year cycle under which the tests are performed for the LP-gas piping systems of approximately one-half of the facilities each year.

Source Note:The provisions of this §9.41 adopted to be effective April 10, 2002, 27 TexReg 2815; amended to be effective September 1, 2005, 30 TexReg 4810; amended to be effective February 1, 2008, 33 TexReg 122.