The purpose and effect of this rule amendment is to correct references to rules of the Division of State Fire Marshal and update National Fire Protection Association standards incorporated by reference in the existing rule.

DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION
Division of Hotels and Restaurants

RULE NO: RULE TITLE
61C-4.0161: Mobile Food Dispensing Vehicles and Theme Park Food Carts
PURPOSE AND EFFECT: The purpose and effect of this rule amendment is to correct references to rules of the Division of State Fire Marshal and update National Fire Protection Association standards incorporated by reference in the existing rule.
SUMMARY: These amendments update Division of State Fire Marshal rules cited and the National Fire Protection Association standard incorporated by reference in Chapter 61C-4, F.A.C.
SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS: No Statement of Estimated Regulatory Cost was prepared.
Any person who wishes to provide information regarding a statement of estimated regulatory costs, or provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.
SPECIFIC AUTHORITY: 509.032(2)(d), 509.032(6) FS.
LAW IMPLEMENTED: 509.032(2)(d), 509.032(3)(a), 509.211, 509.215, 509.221 FS.
IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE SCHEDULED AND ANNOUNCED IN FAW.
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Michelle Comingore, Operations Review Specialist, Department of Business and Professional Regulation, Division of Hotels and Restaurants, 1940 North Monroe Street, Tallahassee, FL 32399-1012; telephone: [phone]

THE FULL TEXT OF THE PROPOSED RULE IS:

       61C-4.0161 Mobile Food Dispensing Vehicles and Theme Park Food Carts.

       (1) through (8) No change.

       (9) Required extinguishers shall be installed and easily accessible on each cart, and shall be located as remotely as possible from the fuel supply or power source of the cart, in accordance with Chapter 69A-3 4A-43, F.A.C.

      (10) Installation of liquefied petroleum gas appliances, equipment, apparatus or containers on theme park food carts is to be performed in accordance with the provisions of National Fire Protection Association, Standard #58, “Liquefied Petroleum Gas Code Gases Handbook,” 2004 1995 Edition, and Chapters 4A-3 and 5F-11, F.A.C., herein adopted by reference. The following requirements must also be met:

       (a) Gas appliances shall be installed in accordance with manufacturer’s specifications.

       (b) The gas supply shall be shut off at the tank when equipment is not in use.;

       (c) No unit utilizing LP gas shall park in a building during the operation of its vending business.

Specific Authority 509.032(2)(d), (6) FS. Law Implemented 509.032(2)(d), (3)(a), 509.211, 509.215, 509.221 FS. History–New 2-21-91, Formerly 10D-13.0291, 7C-4.0161, Amended 3-31-94, 9-25-96, 5-11-98, 7-2-98,_________.

NAME OF PERSON ORIGINATING PROPOSED RULE: Bill L. Veach, Director, Division of Hotels and Restaurants, Department of Business and Professional Regulation
NAME OF SUPERVISOR OR PERSON WHO APPROVED THE PROPOSED RULE: Holly Benson, Secretary, Department of Business and Professional Regulation
DATE PROPOSED RULE APPROVED BY AGENCY HEAD: October 17, 2007
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: August 3, 2007