(a) Aggregate water capacity of 10,000 gallons or more. The applicant shall notify AFS in writing when the installation is ready for inspection.
  (1) If any non-compliance items are cited at the time of AFS' initial inspection, the installation shall not be placed in LP-gas service until the non-compliance items are corrected, as determined at the time of inspection depending on the nature of the non-compliance items cited.
  (2) If AFS does not physically inspect the facility within 30 calendar days of receipt of notice that the facility is ready for inspection, the facility may operate conditionally until the initial inspection is completed.
(b) Aggregate water capacity of less than 10,000 gallons. After receipt of LPG Form 501, AFS shall conduct an inspection as soon as possible to verify that the installation described is in compliance with the rules in this chapter. The facility may be operated prior to inspection if it is in compliance with the rules in this chapter. If the initial inspection at a commercial installation results in the citation of non-compliance items, AFS may require that the subject container, including any piping, appliances, appurtenances, or equipment connected to it, be immediately removed from LP-gas service until the non-compliance items are corrected.
(c) Material variances. If AFS determines the completed installation varies materially from the application originally accepted, correction of the variance and notification to AFS or resubmission of the application is required. The review of such resubmitted application shall comply with §9.101 of this title (relating to Filings Required for Stationary LP-Gas Installations).
(d) In the event an applicant has requested an inspection and AFS' inspection identifies non-compliance items requiring modifications by the applicant, AFS shall consider the assessment of an inspection fee to cover the costs associated with any additional inspection, including mileage and per diem rates set by the legislature.

Source Note: The provisions of this §9.109 adopted to be effective February 1, 2001, 26 TexReg 947; amended to be effective September 1, 2005, 30 TexReg 4810; amended to be effective December 24, 2012, 37 TexReg 9913; amended to be effective January 6, 2020, 45 TexReg 127