Notice is hereby given that the following changes have been made to the proposed rule in accordance with subparagraph 120.54(3)(d)1., F.S., published in Vol. 34 No. 6, February 8, 2008 issue of the Florida Administrative Weekly.
5F-11.001 Definitions.
(1) Unless otherwise expressly stated, the term “approved” shall, for the purpose of these rules and regulations, mean accepted by the Bureau of Liquefied Petroleum Gas Inspection by reason of test, listing, or approval by Underwriters’ Laboratories, Inc., the American Gas Association Laboratories, Canadian Gas Association, or other nationally recognized testing laboratory.
(2) “Nationally recognized testing laboratory” means a facility which:
(a) Is regularly engaged in the examination, testing and evaluation of the type of product, equipment or material required to be tested under the applicable statute or regulation;
(b) Has established test standards with regard to the type product, equipment or material required to be tested;
(c) Has an established program for periodic inspection of factory production procedure, including quality control; and
(d) Operates independently of control or influence of producers, suppliers, or vendors, of the product, equipment or material being tested under the applicable statute or regulation.
(2) The term “tank” shall, for the purpose of these rules, mean any liquefied petroleum gas container manufactured to the specifications of the American Society of Mechanical Engineers (ASME) in the “ASME Boiler and Pressure Vessel Code” as referenced in NFPA 58.
(3) The term “cylinder” shall, for the purpose of these rules, mean any liquefied petroleum gas container designed, constructed, tested and marked in accordance with the United States Department of Transportation specifications outlined in Title 49, Code of Federal Regulations, titled “Transportation” as referenced in NFPA 58,
(4) The term “container” shall, for the purpose of these rules, mean any vessel, including tanks and cylinders of any specification, which are used for the transporting or storing of liquefied petroleum gases.
Specific Authority 527.06 FS. Law Implemented 527.06 FS. History– New 8-7-80, Amended 7-18-85, Formerly 4B-1.21, Formerly 4B-1.021, Amended 3-15-94, 7-20-95,_________.
5F-11.022 Marking of Containers.
(1) All dealer-owned containers, aboveground or underground, installed at consumer locations shall be marked in a legible manner with the name and telephone number of the owner by decal, tag, stencil, or similar marking.
(2) Containers gained through acquisition shall be marked as soon as reasonably possible, but no later than 24 months after acquisition.
(3) Failure to mark all dealer-owned containers in a legible manner with the name and phone number of the owner shall result in the following penalties:
(a) First Offense: Warning letter.
(b) Second Offense: $500 fine.
(c) Third Offense: $1,000 fine.
Specific Authority 527.06 FS. Law Implemented 527.06 FS. History– New 8-7-80, Formerly 4A-1.16, Formerly 4B-1.12, 4B-1.012, Amended 3-15-94,_________.
5F-11.026 Unsafe Container or System.
(1)(a) Any system or container that fails to comply with Chapter 527, F.S., this rule chapter, and any standards incorporated by reference shall be designated unsafe by bureau division staff by means of a “red tag” indicating the inspector’s name and the date of inspection. where the violation creates an immediate threat to safety.
(b) Systems identified by the bureau in this manner, i.e. red-tagged, shall not continue in service until all deficiencies violations have been corrected.
(2) The owner of any container or system red-tagged by the division will be notified immediately by the bureau and furnished a copy of the inspection report identifying indicating the violations deficiencies found.
(3)(a) A red tag placed on a system or container shall not be removed until all violations inspection deficiencies have been corrected and the bureau or its representative removes or authorizes removal of the red tag from the system or container. Operation of redtagged equipment or systems or removal of a redtag without authorization of the department shall result in the following penalties:
1. First Offense, Cylinder Exchange Unit Operator license category: $1,000 fine.
2. First Offense – all other license categories: $3,000 fine.
3. Second Offense: License suspension.
(b) The red tag must be returned to the bureau immediately upon removal.
Specific Authority 527.06 FS. Law Implemented 527.06 FS. History– New 3-15-94, Formerly 4B-1.037, Amended 7-20-95,_________.
5F-11.029 Inspection of DOT Cylinders.
(1) This section pertains to cylinders, which are manufactured to U.S. Department of Transportation (DOT) specifications. DOT cylinders in stationary service that are filled on site, which are not under the jurisdiction of DOT and not requalified according to DOT requirements, shall be inspected according to the following visual inspection criteria:
(a) The cylinder is checked for exposure to fire, dents, cuts, digs, gouges and corrosion according to requirements of Section C.3.2, Annex Appendix C, of NFPA 58.
(b) The cylinder protective collar (where utilized) and the foot ring are intact and are firmly attached.
(c) The cylinder is painted or coated to retard corrosion.
(d) The cylinder pressure relief valve indicates no visible damage, corrosion of operating components, or obstructions.
(e) There is no leakage from the cylinder or its appurtenances that is detectable without the use of instruments.
(f) The cylinder is installed on a firm foundation and is not in contact with the soil.
(g) A cylinder that passes the visual examination shall be legibly marked with the date and year of the examination followed by the letter “E” (example:10-1E indicating requalification in October 2001 by the external visual inspection method.)
(h) The results of the visual inspection shall be documented and a record of the inspection shall be retained for a five-year period.
(2) Any cylinder that fails one or more of the criteria in this section shall not be refilled or continued in service until the condition is corrected. Stationary cylinders shall be visually inspected within 12 years of the date of manufacture and within five years after each subsequent visual inspection.
(3) All DOT cylinders in stationary service on the effective date of this rule, and which are not requalified according to U.S. Department of Transportation standards, shall be inspected according to the criteria of this section no later than January 1, 2008.
(4) Personnel trained and qualified to perform inspection procedures, with such training documented in accordance with Section 5F-11.060, Florida Administrative Code, shall conduct the visual inspection.
(5) Failure to inspect a stationary DOT cylinder as required in this rule shall result in the following administrative penalties:
(a) First Offense: $500 fine.
(b) Second Offense: $1,000 fine.
Specific Authority 527.06 FS. Law Implemented 527.06 FS. History– New 5-9-04, Amended 1-29-06, ________.
5F-11.047 Connecting or Disconnecting Cylinders, Tanks, or Systems; Notice to Owner; Transportation.
(1) No person, firm or corporation, other than the owner and those authorized by the owner, shall connect or disconnect any cylinder, tank, or system containing liquefied petroleum gas, except in an out-of-gas situation, unless due and sufficient notice has been given by any person, firm or corporation to the owners of any cylinder or tank, prior to disconnecting or connecting such cylinder, tank, or system. Due and sufficient notice shall be received by the owners at least two (2) working days prior to installing the cylinder, tank, or system of said person, firm, or corporation, and shall be evidenced by a signed receipt. Acceptable evidence of receipt of notification shall be a signed certified mail receipt, signed receipt of hand delivery or facsimile transmission receipt. If after two working days the cylinder, tank or system has not been disconnected by the owner, the said person, firm or corporation, may then disconnect downstream of the system regulator or meter. It shall be mandatory that the person, firm or corporation who so disconnects any such cylinder or tank, whether empty or full, upon the premises of a consumer, does so in a manner that renders the cylinder or tank tight with valves turned off, the cylinder or tank service valve plugged with brass or steel fittings, and all other cylinder, tank or system openings properly plugged. In addition, any cylinder, tank or system disconnected must be done so in a manner that is in compliance with the requirements of NFPA 58.
(2) In an out-of-gas situation and upon receiving authorization from the end user or owner of the cylinder, tank or system, the person, firm or corporation may disconnect the cylinder, tank or system downstream of the system regulator or meter. A person, firm or corporation who disconnects any cylinder, tank or system shall notify the owner of the cylinder, tank or system within immediately, but not to exceed 24 hours, followed by written notification within 5 working days after said disconnect. Acceptable evidence of receipt of notification shall be a signed certified mail receipt, signed receipt of hand delivery or facsimile transmission receipt.
(3) The owner of any disconnected cylinder, tank or system must remove the cylinder or tank from the premises of the consumer or end-user within 30 working days after notification. No person, firm or corporation, other than the owner and those authorized to do so, shall transport or carry by any means of conveyance whatsoever, any cylinder or tank containing liquefied petroleum gas, whether in the liquid or vapor state. Failure to remove a disconnected cylinder, tank or system from the premises of the consumer or end-user within 30 working days from the notice of disconnection shall result in the following penalties:
(a) First Offense: $500 fine.
(b) Second Offense: $1,000 fine.
(c) Third Offense: $1,500 fine.
(4) Complaints concerning violations of this section must be filed within 90 days of the occurrence.
(5) Connecting or disconnecting a cylinder, tank or system without proper notification as prescribed in this section will result in the following penalties:
(a) First Offense: $500 fine.
(b) Second Offense: $1,000 fine.
(c) Third Offense: $1,500 fine.
(d) Fourth Offense: $2,000 fine
(e) Fifth Offense: $2,500 fine.
Specific Authority 527.06 FS. Law Implemented 527.06, 527.07 FS. History–New 8-7-80, Formerly 4A-1.11, Amended 7-18-85, Formerly 4B-1.08, Amended 2-6-90, 2-5-91, Formerly 4B-1.008, Amended_________.
5F-11.080 Penalties; General.
(1) The Department will apply penalties as provided in Chapter 527, Florida Statutes, and this rule chapter, for violations of Chapter 527, Florida Statutes, Chapter 5F-11, Florida Administrative Code, or codes adopted in this rule chapter.
(1) In addition to the penalties provided in Chapter 527, Florida Statutes, and this rule chapter, the Department shall order or require remedial training for violations which have occurred as the result of inadequate training.
(2) Any department investigation or inspection which reveals minor violations for which the department has reason to believe that the violator was unaware of the law or rule or unclear as to how to comply with it, will result in the issuance of an inspection report, notice of noncompliance or a warning letter as the department's first response to a violation. For the purposes of this section a minor violation includes, but is not limited to, general violations of a non-threatening nature, i.e. housekeeping issues such as a lack of proper signage, painting required, weeds growing around containers, storage of combustibles too close to a container, or failure to file proper paperwork.
Specific Authority 527.06 FS. Law Implemented 527.06, 527.12, 527.13, 527.14 FS. History–New_________.
5F-11.081 Aggravating and Mitigating Factors; Warning Letters.
A showing of one or more of the following aggravating or mitigating circumstances presented to the finder of fact will be considered by the Department when imposing administrative actions:
(a) The violation was committed maliciously.
(b) The danger to public safety or welfare.
(c) The number of previous violations for the same type of offense, whether or not disciplinary action was taken.
(d) The length of time the violator engaged in the prohibited activity.
(e) The length of time since the violation occurred.
(f) Previous disciplinary action against the violator in this or any other jurisdiction.
(g) The amount of damage to persons or property caused by the violation.
(h) The deterrent effect of the penalty imposed.
(i) Any efforts by the violator at rehabilitation.
(j) Attempts by the violator to correct violations or the failure to correct violations.
(k) The violator’s prior knowledge of Chapter 527, F.S.
(l) Whether the violation resulted from negligence or an intentional act.
(m) Financial hardship.
(n) The cost of disciplinary proceedings.
(o) The number of other violations proven in the same proceeding.
(p) The violation occurred while on probation.
(q) Any other aggravating or mitigating circumstances.
Specific Authority 527.06 FS. Law Implemented 527.06, 527.12, 527.13, 527.14 FS. History–New_________.
5F-11.082 Resolution of Violations, Settlement, and Additional Enforcement Remedies.
(1) The Department and the violator may agree to resolve violations prior to administrative hearing, or to enter into settlement pursuant to Section 120.57(4), Florida Statutes. The penalties addressed in this rule shall not be construed to limit the authority of the Department to resolve violations prior to or after initiation of any administrative action or to settle with any party. The Department may utilize all available remedies to ensure voluntary compliance including administrative action, civil actions and referrals for criminal prosecution. The Department shall enforce a failure to comply with an agreement to resolve violations or a settlement agreement with the penalties and remedies provided in the agreement as authorized by law.
(2) Failure to respond to an administrative complaint shall result in the entry of a Final Order against the entity imposing administrative fines equal to twice the amount imposed in the original complaint, not to exceed $3,000 per violation. A failure to comply with a Final Order of the department shall result in license revocation and additional penalties as prescribed by law.
Specific Authority 527.06 FS. Law Implemented 527.06, 527.12, 527.13, 527.14 FS. History–New_________.
5F-11.083 Facility Inspection Report; Failure to Correct.
(1) Failure to correct law, rule or code deficiencies identified in a Facility Inspection Report within the time period specified by the notice shall result in the following penalties unless otherwise specified in this rule chapter:
(a) First offense: $500 fine.
(b) Second offense: $1,000 fine.
(c) Third offense: $1,500 fine.
The Facility Inspection Report is department form DACS-03522 which is adopted and incorporated by reference in Rule 5F-11.004, F.A.C.
(2) A time extension may be requested by the facility owner or operator in order to effectuate corrections to any deficiencies noted in a Facility Inspection Report. All such requests must be in writing and submitted prior to the correction date stated on the Facility Inspection Report. Written approval must be given to the facility owner or operator by the department in order to extend the correction date.
Specific Authority 527.06 FS. Law Implemented 527.06, 527.12, 527.13, 527.14 FS. History–New_________.
5F-11.084 Accident Related Violations.
(1) Violations found during the course of an accident investigation by the Department and that are determined to have contributed to the severity of the accident but were not a direct cause, shall result in the following penalties:
(a) Death, severe personal injury requiring professional medical treatment, or a total loss of property: $1,500 fine per violation.
(b) Minor personal injury not requiring professional medical attention, or property damage over $1,000 that is not a total loss: $1,000 fine per violation.
(c) Property damage of less than $1,000: $500 fine per violation.
(2) Violations found during the course of an accident investigation that are determined to be a direct cause of the accident shall result in the following administrative fines:
(a) Death, severe personal injury requiring professional medical treatment, or a total loss of property: $3,000 fine per violation.
(b) Minor personal injury not requiring professional medical attention, or property damage over $1,000 that is not a total loss: $2,000 fine per violation.
(c) Property damage of less than $1,000: $1,000 fine per violation.
(3) Any company found to be operating without a license and whose unlicensed activities result in an accident, shall receive a fine of $3,000 for each violation found which contributed to the severity of, or is found to be the direct cause of the accident.
Specific Authority 527.06 FS. Law Implemented 527.06, 527.12, 527.13, 527.14 FS. History–New_________.
5F-11.085 Hazardous Acts.
Any department investigation or inspection conducted under the authority of Chapter 527, Florida Statutes, which reveals willful or intentional violation of the law, or any acts on the part of a person, firm, corporation, qualifier or master qualifier which are considered dangerous, hazardous or potentially harmful in any way, shall result in the maximum penalties of $3,000 per violation, with the consideration of license, qualifier or master qualifier certificate suspension or revocation. In determining license, qualifier or master qualifier certificate suspension or revocation, the department shall consider the offenders compliance record, good faith efforts in correcting the situation, the degree and extent of harm or potential harm, and other mitigating or aggravating circumstances as determined during investigation.
Specific Authority 527.06 FS. Law Implemented 527.06, 527.12, 527.13, 527.14 FS. History–New_________.
5F-11.086 Violations; Enforcement Actions.
(1) Conducting LP gas activities without the required insurance coverage in violation of Sections 527.02 and 527.04, Florida Statutes, shall result in the following penalties:
(a) First Offense: $500 fine.
(b) Second Offense: $1,000 fine.
(c) Third Offense: $1,500 fine.
(2) Falsification of records relating to application for, or renewal of, qualifier or master qualifier status, including but not limited to misrepresentation of eligibility, of position within the licensed company, or place of full-time employment, shall result in the following penalties:
(a) First Offense: Warning letter.
(b) Second Offense: $1,000 fine.
(3) Failure to notify the department of a loss of qualifier or master qualifier in violation of Section 527.0201, Florida Statutes, shall result in the following penalties:
(a) First Offense: $500 fine.
(b) Second Offense: $1,000 fine.
(4) Any company found to be operating without a license and whose unlicensed activities result in an accident, shall be fined $3,000 per violation found. Companies found conducting unlicensed activities in the following categories, when such activities are not accident related, shall be penalized as follows:
(a) Categories I, II, IV, and Requalification and Fabrication
1. First Offense: $500 fine.
2. Second Offense: $1,000 fine.
3. Third Offense: $1,500 fine.
(b) Installer and Specialty Installer Licenses.
1. First Offense: $400 fine.
2. Second Offense: $800 fine.
3. Third Offense: $1,200 fine
(c) Category III, V, and Manufacturer of Equipment
1. First Offense: $300 fine.
2. Second Offense: $600 fine.
3. Third Offense: $900 fine
(d) Dealer in Appliances and Equipment
1. First Offense: $200 fine.
2. Second Offense: $400 fine.
3. Third Offense: $600 fine
(5) Failure to provide documentation of employee training upon request shall result in the following penalties:
(a) First Offense: $500 fine.
(b) Second Offense: $1,000 fine.
(c) Third Offense: $1,500 fine.
(6) Filling a container without inspection or verification of compliance with codes shall result in the following penalties:
(a) First Offense: $500 fine.
(b) Second Offense: $1,000 fine.
(7) Transportation of propane cylinders in violation of the requirements of NFPA 58, shall result in the following penalties:
(a) First Offense: $1,000 fine.
(b) Second Offense: $2,000 fine.
(8) Failure to install LP gas appliances, piping, equipment in accordance with manufacturers instructions and/or safety codes adopted by this rule; or to install, disconnect, and/or store LP gas containers in accordance with rules and safety codes adopted in this rule chapter, when such installation causes direct or potential harm to individuals or property, shall result in the following administrative fines:
(a) First Offense: $1,000 fine.
(b) Second Offense: $2,000 fine.
(9) Failure to follow proper fill procedures, including overfilling of propane containers, shall result in the following penalties:
(a) First Offense: $1,000 fine.
(b) Second Offense: $2,000 fine.
(10) Failure to perform and/or document periodic testing required on propane cargo vehicles within the time frames prescribed by Title 49, Code of Federal Regulations, as referenced in NFPA 58, shall result in the following penalties for the referenced inspection:
(a) Annual External Visual and Leak Test:
1. First Violation: $500 per vehicle
2. Second Violation: $1,000 per vehicle
(b) Five-Year Cargo Vessel Pressure Test
1. First Violation: $500 per vehicle
2. Second Violation: $1,000 per vehicle
(c) Monthly Delivery Hose Inspection.
1. First Violation: $500 per vehicle
2. Second Violation: $1,000 per vehicle
(d) Monthly Emergency Shutoff Valve Test
1. First Violation: $500 per vehicle
2. Second Violation: $1,000 per vehicle
(11) The intentional alteration or disabling of any component in an LP gas system, including the container and its appurtenances, which either renders the equipment out of compliance with Chapter 527, Florida Statutes, this rule chapter, or any code adopted by reference herein; or which renders the component inoperable, or prevents it from functioning as intended by the equipment manufacturer, shall result in the following penalties:
(a) First Violation: $1,000 fine
(b) Second Violation: $3,000 fine
(12) Failure to conduct a leak test in a new piping system, or in an out-of-gas or interrupted service situation, as required by NFPA 54 and Rule 5F-11.044, F.A.C., shall result in the following penalties:
(a) First Offense: $1,000 fine.
(b) Second Offense: $2,000 fine.
(13) Failure to respond to a verifiable leak call within a reasonable time period (non-accident related) or failure to physically respond to an emergency within 2 hours when contacted by an emergency response unit as required by Sections 527.065(4) and 527.065(5)], Florida Statutes, shall result in the following penalties:
(a) First Offense: $1,000 fine.
(b) Second Offense: $3,000 fine.
(14) Failure to provide local emergency response personnel with emergency contacts for after-hour emergencies; failure to post emergency numbers on the premises; or failure to relay messages on emergency answering services or machines within time frames as required by Section 527.065(3), Florida Statutes, shall result in the following penalties:
(a) First Offense: Warning letter.
(b) Second Offense: $500 fine.
(c) Third Offense: $1,000 fine.
(15) Failure to notify the department of any accident meeting the criteria of Section 527.065, Florida Statutes, shall result in the following penalties:
(a) First Offense: $500 fine.
(b) Second Offense: $1,000 fine.
(16) Selling, filling, refilling, delivering, or using an LP gas container for any gas or compound, or for any other purpose, without permission of the owner, in violation of Section 527.07, Florida Statutes, shall result in the following penalties:
(a) First Offense: $500 fine.
(b) Second Offense: $1,000 fine.
(17) Placing a bulk plant or dispensing unit into operation without submitting a site plan; or failure to call for a final inspection as required by Section 527.0605, Florida Statutes, shall result in the following penalties:
(a) First Offense: $500 fine.
(b) Second Offense: $1,000 fine.
(c) Third Offense: $3,000 fine.
Specific Authority 527.06 FS. Law Implemented 527.06, 527.12, 527.13, 527.14 FS. History–New_________.
5F-11.087 Repeat Violations.
(1) A repeat violation is one for which the license holder has a previous violation where an administrative penalty was imposed by the Department within the last three years. The three-year period shall be calculated from the date of the violation.
(2) Unless otherwise specified in this rule chapter, any person, firm or corporation who accumulates more than three administrative fines for violations of Florida’s laws, rules, regulations or codes within a three-year period, shall receive a $3,000 penalty for each subsequent action, and, based on the nature and severity of the cumulative deficiencies, shall be subject to license suspension or revocation, as provided for in Section 527.14, F.S.
Specific Authority 527.06 FS. Law Implemented 527.06, 527.12, 527.13, 527.14 FS. History–New_________.