The proposed rulemaking amends a rule’s title, updates adopted NFPA standards, establishes a procedure for certain veterans, the spouses of such veterans, or business entities that have a majority ownership held by such veterans or spouses to obtain ...

 

DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES

Division of Consumer Services

RULE NO.: RULE TITLE:

5J-20.002: Standards of National Fire Protection Association Adopted

5J-20.004: Bureau of Liquefied Petroleum Gas Inspection Forms

5J-20.033: Truck Safety; Regulations

PURPOSE AND EFFECT: The proposed rulemaking amends a rule’s title, updates adopted NFPA standards, establishes a procedure for certain veterans, the spouses of such veterans, or business entities that have a majority ownership held by such veterans or spouses to obtain a waiver of their initial license fee, and removes rule language and associated form related to truck inspection fees.

SUMMARY: The proposed rules amend the title of a rule, adopt most current standards of the National Fire Protection Association, provide guidance to applicants seeking a military veteran’s waiver of an initial license fee, and remove rule text and incorporated form related to truck inspection fees. These amendments will ensure statutory compliance with ch. 2016-166, Laws of Florida and the sale of liquefied petroleum gas law.

SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS AND LEGISLATIVE RATIFICATION:

The Agency has determined that this will not have an adverse impact on small business or likely increase directly or indirectly regulatory costs in excess of $200,000 in the aggregate within one year after the implementation of the rule. A SERC has not been prepared by the Agency.

The Agency has determined that the proposed rule is not expected to require legislative ratification based on the statement of estimated regulatory costs or if no SERC is required, the information expressly relied upon and described herein: The proposed revisions amend a rule’s title, update national standards, provide guidance on how military veterans may obtain a fee waiver, and remove rule text and incorporated form. There are no increased regulatory costs associated with these revisions. Additionally, no interested party submitted additional information regarding the economic impact.

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.

RULEMAKING AUTHORITY: 527.0201, 527.06, 570.07(23) FS.

LAW IMPLEMENTED: 119.07(4)(c), 527.02, 527.0201, 527.021, 527.03, 527.04, 527.055, 527.06, 527.0605, 527.061, 527.11 FS.

IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE SCHEDULED AND ANNOUNCED IN THE FAR.

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Richard Kimsey, Assistant Director, Division of Consumer Services, 3125 Conner Blvd., Bldg. #2, Tallahassee, Florida, 32399, phone [phone].

 

THE FULL TEXT OF THE PROPOSED RULE IS:

5J-20.002 Standards of National Fire Protection Association Adopted.

(1) The standards of the National Fire Protection Association for the storage and handling of liquefied petroleum gases as published in NFPA 58, Liquefied Petroleum Gas Code, 2017 2011 Eedition, for gas appliances and gas piping as published in NFPA 54, National Fuel Gas Code, 2015 2012 Eedition, and for emergency power supply as published in NFPA 110, Standard for Emergency and Standby Power Systems, 2016 2013 Eedition, shall be the accepted standards for this state and are hereby adopted and incorporated by reference, subject to such additions and exceptions as are set forth in this rule. The LP Gas Code Handbook, NFPA 58, 2017 2011 Edition, and the National Fuel Gas Code Handbook, NFPA 54, 2015 2012 Edition, are hereby adopted and incorporated by reference and shall be utilized by the department as a guide in interpreting the provisions of Chapter 527, F.S. Reference to NFPA 58, NFPA 54, and NFPA 110 in these rules shall be to the most recent edition as adopted herein. The section 6.8.7 6.6.7 of NFPA 58, 2017 2011 Eedition, titled “Installation of Containers on Roofs of Buildings,” is hereby excluded from adoption. The section 7.1.6.2 of NFPA 54, 2015 2012 Eedition, titled “Conduit with Both Ends Terminating Indoors” is hereby excluded from adoption.

(2) No change.

Rulemaking Authority 527.06, 570.07(23) FS. Law Implemented 527.06 FS. History–New 8-7-80, Formerly 4A-1.01, Amended 7-18-85, Formerly 4B-1.01, Amended 10-8-86, 2-6-90, 8-9-92, Formerly 4B-1.001, Amended 7-20-95, 7-23-97, 6-8-99, 5-23-00, 9-2-02, 1-29-06, 8-2-07, 5-28-08, 4-6-12, 12-9-14, Formerly 5F-11.002, Amended 5-25-15,                    .

 

5J-20.004 Bureau of Liquefied Petroleum Gas Inspection Forms.

The following documents are hereby incorporated by reference and may be obtained from the Division of Consumer Services, Bureau of Liquefied Petroleum Gas Inspection, 2005 Apalachee Parkway, Tallahassee, FL 32399-6500 or online as indicated.

(1) An honorably discharged veteran, the spouse of such a veteran, or a business entity that has a majority ownership held by such a veteran or spouse requesting a waiver of the initial registration fee pursuant to Section 527.02(3)(b), F.S., shall complete FDACS-10991, Military Veteran Fee Waiver Request, 10/16, incorporated by reference in Rule 5J-26.001, F.A.C.  An applicant requesting a fee waiver shall submit a completed Military Veteran Fee Waiver Request and all required supporting documentation at the time the applicant submits a license application. 

(1)    through (36)  renumbered (2) through (37)  No change.

(37) FDACS-03563 (02/14), Liquefied Petroleum Gas Vehicle Inspection Invoice, http://www.flrules.org/Gateway/reference.asp?No=Ref-04285.

(38) through (48) No change.

Rulemaking Authority 527.0201, 527.06, 570.07(23) FS. Law Implemented 119.07(4)(c), 527.02, 527.0201, 527.021, 527.03, 527.04, 527.055, 527.06, 527.0605, 527.061, 527.11 FS. History–New 6-8-88, Amended 2-5-91, 3-18-92, Formerly 4B-1.034, Amended 7-20-95, 6-8-99, 7-28-14, Formerly 5F-11.004, Amended            .

 

5J-20.033 Truck Safety; Regulations.

(1) through (8) No change.

(9)(a) Upon completion of each truck inspection, the licensee will be billed by the Department in accordance with Section 527.021, F.S.

(b) The licensee shall remit payment to the Department no later than 45 days from the date of the invoice.

Rulemaking Authority 527.06, 570.07(23) FS. Law Implemented 527.06 FS. History–New 6-8-88, Formerly 4B-1.033, Amended 3-15-94, Formerly 5F-11.033, Amended             .

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Richard Kimsey, Assistant Director, Division of Consumer Services

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Commissioner of Agriculture Adam H. Putnam

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: March 3, 2017

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: October 28, 2016