The proposed rule adopts NFPA 110, Standard for Emergency and Standby Power Systems, 2013 Edition, in accordance with s. 527.06, F.S.

 

DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES

Division of Consumer Services

RULE NO.:RULE TITLE:

5J-20.002Standards of National Fire Protection Association Adopted

PURPOSE AND EFFECT: The proposed rule adopts NFPA 110, Standard for Emergency and Standby Power Systems, 2013 Edition, in accordance with Section 527.06, F.S.

SUMMARY: The department is required by Section 527.06, F.S., to "promulgate and enforce rules setting forth minimum general standards" for all LP gas activities carried out under Chapter 527, F.S. Section 527.06(3), F.S., deems the published standards of the National Fire Protection Association ("NFPA") "... to be in substantial conformity with the generally accepted standards of safety..." required to be adopted in Section 527.06(2), F.S. Accordingly, these NFPA standards are adopted in Rule 5J-20.002, F.A.C. NFPA 110 establishes the national standard for emergency and standby power systems, including LP gas-powered systems, adopted by NFPA. This standard is intended to be applied in tandem with other NFPA standards, including NFPA 58, which is already adopted in Rule 5J-20.002, F.A.C. Emergency and standby power systems include generators, widely used in Florida, particularly during "hurricane season." Effective July 28, 2014, the department amended Rule 5J-20.012, F.A.C., to add an "Installer F" Specialty License, specifically for installation of generators. Adoption of NFPA 110, Standard for Emergency and Standby Power Systems (2013 Edition), is necessary in order to establish the standards that will apply to generator installations and to the testing, training, and work to be performed in the state of Florida by persons wishing to be licensed as an Installer F.

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 department’s economic analysis of the adverse impact or potential regulatory costs of the proposed rule did not exceed any of the criteria established in Section 120.541(2)(a), Florida Statutes. As many of the provisions of NFPA 110 are already enforced in NFPA 58 and in local building code requirements, LP gas companies have already been complying with these standards in Florida and any regulatory or economic impact from adoption of NFPA 110 by the department would be negligible. 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: 527.06 FS.

LAW IMPLEMENTED: 527.06 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: Amy Topol, Assistant Director, Division of Consumer Services, Florida Department of Agriculture and Consumer Services, 2005 Apalachee Parkway, Tallahassee, Florida 32399-6500, email: [e-mail] or by 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, 2011 edition, and for gas appliances and gas piping as published in NFPA 54, National Fuel Gas Code, 2012 edition, and for emergency power supply as published in NFPA 110, Standard for Emergency and Standby Power Systems, 2013 edition,  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, 2011 Edition, and the National Fuel Gas Code Handbook, NFPA 54, 2012 Edition, are hereby adopted and incorporated by reference and shall be utilized by the dDepartment as a guide in interpreting the provisions of Chapter 527, F.S. Reference to NFPA 58, and NFPA 54, and NFPA 110 in these rules shall be to the most recent edition as adopted herein. The section 6.6.7 of NFPA 58, 2011 edition, titled “Installation of Containers on Roofs of Buildings,” is hereby excluded from adoption. The section 7.1.6.2 of NFPA 54, 2012 edition, titled “Conduit with Both Ends Terminating Indoors” is hereby excluded from adoption.

(2) “NFPA” is the recognized abbreviation for the National Fire Protection Association, Inc., and generally the abbreviation is used in these rules in identifying the publications of the association, which are copyrighted. It would be a violation of federal copyright law to post the materials incorporated in this rule on the Internet for public viewing. Accordingly, the public may obtain a copy of any NFPA publication by writing the association, whose address is: National Fire Protection Association, Inc., 1 Batterymarch Park, Quincy, Massachusetts 02269, or at http://www.nfpa.org. In addition, copies of the incorporated materials are available for viewing during regular business hours at the Florida Department of Agriculture and Consumer Services, Division of Consumer Services, Bureau of Liquefied Petroleum Gas Program Inspection offices located at 2005 Apalachee Parkway, Tallahassee, Florida 32399-6500.

Rulemaking Authority 527.06 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__________.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Amy Topol, 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 03, 2015

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: March 6, 2015