14293161, 5F-11.001 - Florida Administrative Rules, Law, Code, Register

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Florida Department of State and Division of Library and Information Services

Notice: 14293161

Notice of Proposed Rule

Department:

DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES

Division:

Division of Standards

Chapter:

LIQUEFIED PETROLEUM GAS INSPECTION

Overview

RULE:

5F-11.001	Definitions (Transferred)
5F-11.004	Bureau of Liquefied Petroleum Gas Inspection Forms (Transferred)
5F-11.012	Installer Licenses (Transferred)
5F-11.013	Minimum Storage as Relates to Liquefied Petroleum Gas (Transferred)
5F-11.022	Marking of Containers; Posting of Owner Contact Information at Dealer Locations (Transferred)
5F-11.026	Unsafe Container or System (Transferred)
5F-11.029	Inspection of DOT Cylinders (Transferred)
5F-11.044	Out-of-gas, Leak Call, and Interrupted Service Procedure (Transferred)
5F-11.045	Dispensing Units (Transferred)
5F-11.047	Connecting or Disconnecting Containers, Tanks, or Systems; Notice to Owner; Transportation (Transferred)
5F-11.048	Cylinder Exchange Units (Transferred)
5F-11.060	Documentation of Training, General (Transferred)
5F-11.061	Qualifier and Master Qualifier Examinations; Applicant Qualifications (Transferred)
5F-11.062	Approved Courses of Continuing Education (Transferred)
5F-11.064	Renewal of Qualifier and Master Qualifier Certificates (Transferred)
5F-11.065	Re-examination Procedures (Transferred)
5F-11.066	Reporting of Qualifier and Master Qualifier Vacancies (Transferred)
5F-11.078	Facility Inspection Report; Vehicle Inspection Report; Notice of Required Correction; and Failure to Correct (Transferred)
5F-11.080	Enforcement Actions and Administrative Penalties (Transferred)
5F-11.082	Resolution of Violations, Settlement, and Additional Enforcement Remedies (Transferred)

PURPOSE:

These proposed rule changes and new rules will adopt national definitions and clarify terms used throughout Rule Chapter 5F-11; incorporate department forms by reference and indicate the internet site from which copies may be obtained; clarify submission requirements for licensure applicants; establish a new specialty installer license type; clarify requirements for posting of owner information at dealer sites; clarify procedure for "red-tagging" unsafe systems; establish requirement to document leak test results; correct references to codes, statutes, or rules; clarify “working days” for purposes of notice of disconnect and establish that disconnect notices will expire after thirty working days; clarify existing and establish additional safety requirements for protection of cylinder storage units; clarify experience requirements for qualifiers; clarify examination and re-examination procedures; clarify term “immediately” for purposes of reporting qualifier vacancies and establish department e-mail site to which notices may be sent; clarify use of Facility Inspection Report and Vehicle Inspection Report and establish use of Notice of Required Correction and procedures for requesting extensions to correct code violations; specify penalties to be assessed for violations of laws, rules, and regulations to ensure uniformity in the application of such penalties; and establish alternative resolution procedures.

SUMMARY:

All proposed rule changes and additions are to ensure that rule language is unambiguous and that current department practices and procedures are codified in rule form.  For example, new language regarding inspection reports and deficiencies clarifies and codifies current bureau practices and procedures, including compliance extension requests.  Also, all penalties proposed are in keeping with the written guidelines used by the bureau for the past several years in addressing violations of law, rule, and applicable safety regulations; no new violations are created in the proposed rule.  Added definitions are also consistent with those commonly used in the industry and are in keeping with NFPA 58, a national safety code adopted in Section 527.06, Fla. Stat., and incorporated by reference in Rule 5F-11.002, F.A.C.  The proposed rule clarifies industry terms including “two working days” for purposes of disconnecting propane systems belonging to other companies, “adequate barriers” in regard to protecting storage units from vehicular traffic, and “immediate” for purposes of reporting qualifier and master qualifier vacancies.  The lack of definitions in these areas has resulted in inconsistency in compliance with safety standards and rule requirements.  Forms that are currently required to be submitted to the department, including licensure application forms, which were not previously adopted by rule, are added and incorporated and all forms have been updated to reflect new agency administration and contact information.  Other changes were prompted by specific requests from the industry, such as creation of a new specialty installer license for generator installations and establishing of a time limit for disconnect notices with the requirement that such notices be re-submitted upon expiration.

RULEMAKING AUTHORITY:

527.02, 527.0201, 527.021, 527.03, 527.04, 527.055, 527.06, 527.0605, 527.10, 527.11, 527.13, F.S.

LAW:

527.02, 527.0201, 527.021, 527.03, 527.04, 527.055, 527.06, 527.0605, 527.061, 527.07, 527.08, 527.09, 527.10, 527.11, 527.12, 527.13, 527.14, F.S.

PRINT PUBLISH DATE:

3/7/2014 Vol. 40/46

COMMENTS:

From 3/7/2014 To 3/28/2014 (21 Days)
The public comment period for this notice has already expired.

REFERENCE MATERIALS:

No reference(s).

Under Florida law, E-mail addresses are public records. If you do not want your E-mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by phone or in writing.