Section 0780-02-17-.03 - EXAMINATIONS AND RESPONSIBLE MANAGING EMPLOYEES(1) At all liquefied petroleum gas business facilities in Tennessee, including all dealers licensed as Class I, Class II, Class III, and Class IV, where those facilities are directly engaging in the delivering, installing, or servicing of liquefied petroleum gas equipment, there shall be at least one person or full-time employee thereof to be known hereafter as the R.M.E. (Responsible Managing Employee) whose responsibility shall be to ensure compliance with the safety standards adopted in this Chapter within their individual business facility by being present within the service area of the facility or by remaining readily available by telephonic or other immediate communication means with company employees within said business facility when off site.(2) The R.M.E. shall be determined and designated by all licensees at each and every business facility currently licensed and engaging in the activities described in paragraph (1) of this rule, which shall mean one individual per location. All applicants who become licensed after the effective date of these rules will from the date of receiving their license have three months to designate an R.M.E. and so inform the Division. The information designating the R.M.E. must be submitted, along with a statement affirming that the R.M.E. will comply with paragraph (1) of this rule, on a form as prescribed by the Division.(3) All licensees must provide notification on a form prescribed by the Division within fourteen (14) days of any change in designation of their R.M.E.(4) The R.M.E. shall be examined by the Division for the purpose of determining whether he/she has adequate knowledge of these regulations promulgated by the State Fire Marshal in the interest of safeguarding life, health, and property.(5) The R.M.E. may for the express language of NFPA 58 be construed to mean the training agent referred to in that section.(6) This rule will not affect the applicant, or in the case of a firm or corporation, the person charged with the active management thereof, whether or not that person is designated as an R.M.E., who will also be examined for the stated purpose by the Division as per Tenn. Code Ann. § 68-135-103.(7) The examination shall cover the minimum standards of the codes adopted by reference herein, and may include material from a national certification program. The examination shall be given by the Division, or its designee, at its discretion and at reasonable times and locations to all those persons as required by law and these rules to take the examination.(8) The applicant, or in the case of a firm or corporation, the person charged with the active management thereof, and/or the R.M.E. should contact the Division of Fire Prevention, Permits and Licenses Section, or its designee, for arrangements to take the examination within the time limits stated in paragraph (2) of this rule.(9) The Division, or its designee, administering the examination may charge an appropriate fee to be paid by the applicant for each examination or reexamination.Tenn. Comp. R. & Regs. 0780-02-17-.03
Original rule filed April 21, 1994; effective July 5, 1994. Amendment filed April 30, 2009; effective July 14, 2009.Authority: T.C.A. §§ 68-135-103, 68-135-107, and 68-102-113.