3077342, 69A-21.303 - Florida Administrative Rules, Law, Code, Register

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Florida Department of State and Division of Library and Information Services

Notice: 3077342

Notice of Development of Rulemaking

Department:

DEPARTMENT OF FINANCIAL SERVICES

Division:

Division of State Fire Marshal

Chapter:

FIRE EXTINGUISHERS AND PRE-ENGINEERED SYSTEMS

Overview

RULE:

69A-21.303

Standard Service Tag

PURPOSE:

The purposes of this rule workshop are twofold. 
(1) To implement, interpret, and clarify the requirements and purposes of listing a product containing two or more components by a nationally recognized testing laboratory under Section 633.065, Florida Statutes, and (2) to adopt, revise, and clarify standards for tagging fire extinguishers and preengineered systems, as required by Section 633.065, Florida Statutes, and Rule 69A-21.303, Florida Administrative Code.  The Division of State Fire Marshal provides the following information as background for these workshops.
(1) Questions have arisen concerning the effect of the listing by a nationally recognized testing laboratory required by Section 633.065, Florida Statutes, such as Underwriter’s Laboratories, with respect to preengineered systems, and whether that statute requires that the entire preengineered system be listed for the purposes for which it is intended to be used, or if it is sufficient that all the component parts of the product are listed, regardless of the use for which the product is placed in service.  These questions have been presented most often in the context of specific kinds of restaurant tables, commonly referred to as “hibachi downdraft tables,” that permit cooking at the table and that have a system of downward ducts or pipes which propels the steam, smoke, and grease laden vapors down under the floor and out of the building through the flooring and/or walls, but which do not contain any type of hood fire extinguishment system.
(2) Fire extinguishers and preengineered systems are treated differently under Section 633.065, Florida Statutes.  Questions have arisen concerning the effect of placing a tag on a fire extinguisher as opposed to placing a tag on a preengineered system, and what in addition, if anything, may be required if a preengineered system is non-compliant.  This rule workshop is for the Bureau of Fire Prevention to receive comments and suggestions from the fire extinguisher and preengineered system industries, the restaurant industry, and firesafety enforcement officials (local authorities having jurisdiction) concerning the practices and procedures now in use, the preferred method(s) of handling non-compliant fire extinguishers and preengineered systems, and the expertise and opinions of those who will be substantially affected by any new rule or rule amendment.  The Bureau of Fire Prevention is also seeking guidance from the persons named above and any other substantially affected persons on proposed definitions including, but not limited to a definition for the phrase, “complete in detail,” as used in Section 633.065, Florida Statutes.

SUBJECT:

Hibachi type downdraft cooking tables in restaurants, and service tags on fire extinguishers and preengineered systems.

RULEMAKING AUTHORITY:

633.01, 633.022, 633.065 F.S.

LAW:

633.022, 633.065 F.S.

PRINT PUBLISH DATE:

10/27/2006 Vol. 32/43

RELATED STATUTES
AND LAWS:

633.01, 633.022, 633.065 F.S., 633.022, 633.065 F.S.

OVERSIGHT COMMITTEE:

Joint Administrative Procedures Committee
Florida Administrative Law Central Online Network (F.A.L.C.O.N.)

RELATED COURT CASES:

Division of Administrative Hearings

FEDERAL eRULEMAKING
WEB PORTAL:

Regulations.gov

HOW TO LINK TO
THIS NOTICE:

http://flrules.org/gateway/ruleno.asp?id=69A-21.303&PDate=10/27/2006&Section=1

REFERENCE MATERIALS:

No reference(s).

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