The proposed rulemaking will update incorporated department forms and references to department forms, amend rule language to conform with incorporated National Fire Protection Association (NFPA) standards, and will update the rules regarding the ...

 

DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES

Division of Consumer Services

RULE NO.: RULE TITLE:

5J-20.004 Liquefied Petroleum Gas Forms

5J-20.043 Out of Service Account Procedure

5J-20.044 Out-of-gas, Leak Call, and Interrupted Service Procedure

5J-20.045 Dispensing Units

5J-20.048 Storage of Cylinders Awaiting Use, Resale, or Exchange

5J-20.050 Installation of Unvented Room Heaters

5J-20.061 Qualifier and Master Qualifier Examinations; Applicant Qualifications

5J-20.065 Re-examination Procedures

5J-20.066 Reporting of Qualifier and Master Qualifier Vacancies

5J-20.071 Rate of Assessments; Effective Date

5J-20.072 Payment of Assessments; Penalties

5J-20.080 Enforcement Actions and Administrative Penalties

PURPOSE AND EFFECT: The proposed rulemaking will update incorporated department forms and references to department forms, amend rule language to conform with incorporated National Fire Protection Association (NFPA) standards, and will update the rules regarding the Marketing Order assessment collected on each gallon of odorized propane sold/consumed in Florida to reflect the results of an industry referendum.

SUMMARY: The proposed rules are being amended to update the LP Gas Examination Scheduling Request and the Odorizers/Importers Quarterly Remittance Report, to eliminate the Liquefied Petroleum Gas Cargo Vehicle Meter Inspection form, and to conform rule language with incorporated National Fire Protection Association (NFPA) standards. In addition, the proposed rules are being updated to reflect the new assessment rate of the LP Gas Marketing Order. A referendum was conducted by the department at the request of the Florida Propane Gas Education, Safety, and Research Council pursuant to Section 527.23, Florida Statutes, and the assessment rate set forth in rule is being revised in accordance with the outcome of that referendum.

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 rules update incorporated department forms, references to department forms, conform rule language for consistency with incorporated national standards, and amend the Marketing Order assessment rule to reflect the new rate enacted through a recent LP Gas industry referendum. The department’s economic analysis of the adverse impact or potential regulatory costs of the proposed rules did not exceed any of the criteria established in Section 120.541(2)(a), Florida Statutes. 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: 120.569, 527.0201, 527.055, 527.06, 570.07(23), 527.23(13) FS.

LAW IMPLEMENTED: 119.07(4)(c), 527.02, (2), (4)(a), 527.0201, (6), 527.021, 527.03, 527.04, 527.055, 527.06, (2), 527.0605, 527.061, 527.11, 527.12, 527.13, 527.14, 527.23(9), (11), (12) 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: Hal Prince, Chief, Bureau of Standards, 3125 Conner Blvd., Bldg. #2, Tallahassee, Florida 32399 [phone].

 

THE FULL TEXT OF THE PROPOSED RULE IS:

5J-20.004 Liquefied Petroleum Gas Forms. 

The following documents are hereby incorporated by reference and may be obtained from the Division of Consumer Services, 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, Rev. 07/17 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.

(2) No change.

(3) FDACS-03504 (02/18) (04/14), LP Gas Examination Scheduling Request, http://www.flrules.org/Gateway/reference.asp?No=Ref-          04244.

(4) through (22) No change.

(23) FDACS-03524 (04/18) (02/14), Odorizers/Importers Quarterly Remittance Report, http://www.flrules.org/Gateway/reference.asp?No=Ref-         04270.

(24) No change.

(25) FDACS-03526 (02/14), Liquefied Petroleum Gas Cargo Vehicle Meter Inspection, http://www.flrules.org/Gateway/reference.asp?No=Ref-04272. 

(26) through (48) renumbered as (25) through (47) 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 6-28-17,                  .

 

5J-20.043 Out of Service Account Procedure.

(1) All licensed suppliers of LP gas shall:

(a) Identify those accounts where stationary, company-owned tanks with a 100 gallon or more container capacity have been out of service for a period of 12 months, and within 60 days, initiate appropriate container abandonment procedures pursuant to Section 6.6.6 of NFPA 58. Alternatively, licensed suppliers may provide for the safe removal of the container or containers, install a suitable mechanical device that prevents the system from being activated or have a pressure leak safety check pursuant to Annex C D of NFPA 54 as incorporated by reference in Rule 5J-20.002, F.A.C., performed every 12 months. The supplier shall provide reasonable notice to the customer prior to initiating such procedures. For underground containers, an abandonment procedure pursuant to section 6.8.6, NFPA 58 as incorporated by reference in Rule 5J-20.002, F.A.C., may be initiated in lieu of removal. The licensed supplier must obtain written approval of the property owner prior to abandoning the container on the property.

(b) No change.

(2) No change.

Rulemaking Authority 527.06 FS. Law Implemented 527.06 FS. History–New 7-23-86, Amended 2-6-90, 8-9-92, Formerly 4B-1.029, Amended 4-30-96, 9-2-02, 1-29-06, Formerly 5F-11.043, Amended          .

 

5J-20.044 Out-of-gas, Leak Call, and Interrupted Service Procedure.

(1) No change.

(2) If reason exists to suspect LP gas leakage, an LP gas license holder or its employee shall:

(a) Check for leakage by performing an appropriate leak test pursuant to Annex C D of NFPA 54 as incorporated by reference adopted in Rule 5J-20.002, F.A.C.

(b) Make necessary repairs or leave system in a safe condition.

(c) After repairs have been made, place the system back into service pursuant to Chapter 8 7, NFPA 54 as incorporated by reference adopted in Rule 5J-20.002, F.A.C.

(3) In instances involving the interruption of gas supply to a system, the following procedures shall be followed:

(a) The LP gas license holder or its employee shall check for leakage of the affected areas of the system pursuant to Chapter 8, in accordance with   NFPA 54, as incorporated by reference adopted in Rule 5J-20.002, F.A.C.

(b) A leak test of the system as prescribed in Annex C D of NFPA 54, as incorporated by reference adopted in Rule 5J-20.002, F.A.C., must be performed and the results documented prior to placing the system back into service.

(c) A leak test as prescribed in Annex C D of NFPA 54 as incorporated by reference adopted in Rule 5J-20.002, F.A.C., shall not be required where the LP gas license holder or its employee has caused the interruption of the gas supply to the system for the purpose of minor repairs to the system, and where the license holder or its employee remains on the system site and monitors the system during the service. However, the repairs shall be leak tested by means of an approved combustible gas detector or a leak detector solution.

Rulemaking Authority 527.06 FS. Law Implemented 527.06 FS. History–New 7-23-86, Amended 6-8-88, 2-6-90, 12-31-91, Formerly 4B-1.030, Amended 1-29-06, 7-28-14, Formerly 5F-11.044, Amended         .

 

5J-20.045 Dispensing Units.

(1) No change.

(2) Newly installed or relocated vehicle fuel dispensers or dispensing stations, if subject to vehicular traffic, shall be protected by adequate barriers as follows:

(a) The minimum distance for barricade posts from the sides and non-dispensing end of the unit shall be three (3') feet.

(b) Minimum distance for barricade posts around the dispensing end of the tank (scale area) shall be ten (10') feet if the unit is exposed to vehicular parking or traffic patterns.

(c) The minimum standard for barricade posts shall be as follows:

1. Posts must extend three (3') feet belowground and three (3') feet aboveground;

2. Posts must be located three (3') feet apart; and

3. Posts must be constructed of three (3'') inch steel pipe or its equivalent.

(d) Natural barriers (such as trees) shall be accepted in lieu of crash posts if the natural barriers provide equivalent protection.

(2)(3) Vehicle fuel dispensers or dispensing stations which have been inactive (out of service) for a period of six (6) months shall be made safe by evacuation of any remaining LP gas from the tank, reducing the tank pressure to vapor pressure and plugging all container openings.

(3)(4) Vehicle fuel dispensers or dispensing stations which have been inactive (out of service) for a period of twelve (12) months shall be removed from the premises.

(4)(5) The requirements for an actuated liquid withdrawal valve pursuant to Section 5.9.7 5.7.7 of NFPA 58 as incorporated by reference in Rule 5J-20.002, F.A.C., shall not apply to dispensing units when such units are equipped with a bottom outlet valve piped for liquid withdrawal or other method of liquid withdrawal that is permanently in place. In such cases, the actuated liquid withdrawal valve may be replaced with a valve approved pursuant to the requirements of NFPA 58.

Rulemaking Authority 527.06 FS. Law Implemented 527.06 FS. History–New 6-8-88, Formerly 4B-1.032, Amended 3-15-94, 7-20-95, 6-5-97, 9-2-02, 1-29-06, 7-28-14, Formerly 5F-11.045, Amended        .

 

5J-20.048 Storage of Cylinders Awaiting Use, Resale, or Exchange.

(1) In addition to the requirements in NFPA 58, as incorporated by reference in Rule 5J-20.002, F.A.C., Aall cylinders awaiting use, resale, or exchange at a location open to the public shall be stored in storage units meeting the following requirements of Chapter 8, NFPA 58 as incorporated by reference in Rule 5J-20.002, F.A.C.:

(a) The unit shall be tamperproof. The exterior of the unit shall be constructed of metal and shall be lockable. The unit shall be locked when not attended. In addition, the unit shall be ventilated to permit adequate air flow to allow for safe dispersal of leaking gas and to permit application of water to cool the cylinders in the event of leakage or fire. The unit may be constructed entirely of ventilated metal or a combination of ventilated metal and solid metal can be utilized, as long as over one-half of the unit’s construction is ventilated; 

(2) (b) The following signs shall be affixed to the front of the unit and all approachable sides: “Propane” or “Flammable Gas,” and “No Smoking” or the universally-recognized symbol for “no smoking.” Signs shall not be faded or unreadable;

(c) The unit shall be provided with an approved 18 lb. minimum capacity dry chemical BC or ABC portable fire extinguisher readily available and within 50' feet of the unit. For units with aggregate storage of less than 720 lbs. liquefied petroleum gas, if the public location is already required by any state or local law, rule, or regulation to have, and does have, an approved fire extinguisher of at least 10 lbs. minimum capacity on-site and readily available within 50' feet of the storage unit, the 18 lb. minimum capacity fire extinguisher is not required;

(3)(d) The servicing dealer’s name and emergency telephone number(s) shall be prominently posted on the front of the unit. For purposes of this rule, the “front” shall be the part of the unit most likely to be approached by the public.;

(e) The unit shall have adequate barriers to protect the unit from vehicular traffic where vehicle traffic normally can be expected. For purposes of this rule, “adequate barriers” are defined as posts a minimum of three inches (3'') in diameter constructed of steel pipe or its equivalent. Posts shall be a minimum of three (3') feet in height, shall be firmly anchored into the ground, set no more than four (4') feet apart, and shall be in a number sufficient to protect all areas of the unit exposed to possible contact by a vehicle. Other protective barriers may be used as long as they are of a type commonly utilized to provide protection from vehicular contact and provide an equivalent level of protection; and

(f) The unit must be set on a secure, non-combustible base.

(2) The maximum single cylinder size that may be stored in a unit is 45 lbs. liquefied petroleum gas capacity.

(3) Unless otherwise permitted by NFPA 58, storage units shall not be located within buildings frequented by the public. Units must be located a minimum of five (5') feet from any of the following: vent, window that can be opened, crawlspace, hole, or other opening into or underneath a building; and any source of ignition. Units shall not be located less than ten feet from a doorway or other opening used for egress; however, if the building has more than one doorway or other opening used for egress that is readily available to the public (e.g., two separated front doors; a front door and any other exit door, including a back door), the distance between the unit and the doorway or opening is permitted to be reduced to five feet. Site plans outlining the location and set-up of units storing cylinders for resale or exchange shall be submitted prior to operation utilizing FDACS-03559 (04/14), Site Plan With No Fee, as incorporated by reference in Rule 5J-20.004, F.A.C. A site plan is not required for units storing cylinders for self-use only.

(4) Storage units for cylinder exchange or for resale shall not be located within five feet of a liquefied petroleum gas dispensing station.

(5) The aggregate liquefied petroleum gas storage of any single unit shall not exceed 720 lbs. liquefied petroleum gas capacity. Multiple units may be located adjacent to each other provided the aggregate storage does not exceed 720 lbs. liquefied petroleum gas capacity. Any combination of units whose aggregate storage exceeds 720 lbs. liquefied petroleum gas capacity must be separated from each other by a minimum distance of ten (10') feet.

(6) Storage of containers for use in motor fuel applications shall be in accordance with the provisions of NFPA 58, as incorporated by reference in Rule 5J-20.002, F.A.C., and shall not be subject to the requirements of this rule.

Rulemaking Authority 527.06 FS. Law Implemented 527.06(2) FS. History–New 2-5-91, Formerly 4B-1.035, Amended 7-20-95, 7-28-14, Formerly 5F-11.048, Amended          .

 

5J-20.050 Installation of Unvented Room Heaters.

The following exceptions to the requirements of Section 10.22 10.23 of NFPA 54 as incorporated by reference in Rule 5J-20.002, F.A.C., are adopted with regard to the installation of unvented room heaters:

(1) One listed, wall-mounted, unvented room heater, equipped with an oxygen depletion safety shutoff system may be installed in a bathroom, provided that the input rating shall not exceed 6,000 BTU (1760 W) per hour and combustion and ventilation air are provided as specified by Section 10.1.2 9.3 of NFPA 54 as incorporated by reference in Rule 5J-20.002, F.A.C.

(2) One listed wall-mounted, unvented room heater equipped with an oxygen depletion safety shutoff system may be installed in a bedroom, provided that the input rating shall not exceed 10,000 BTU (2930 W) per hour and combustion and ventilation air are provided as specified by Section 10.1.2 9.3  of NFPA 54 as incorporated by reference in Rule 5J-20.002, F.A.C.

Rulemaking Authority 527.06 FS. Law Implemented 527.06 FS. History–New 1-24-95, Amended 1-29-06, 8-2-07, Formerly 5F-11.050, Amended         .

 

5J-20.061 Qualifier and Master Qualifier Examinations; Applicant Qualifications.

(1) Applicants for examination for competency must submit FDACS-03504 (02/18) (02/14), LP Gas Examination Scheduling Request, as incorporated by reference in Rule 5J-20.004, F.A.C., along with the required non-refundable examination fee set forth in Sections 527.0201(1) or 527.0201(5)(a), F.S. Applicants will be scheduled for the next-available examination administration at the site designated by the applicant on this form.

(2) through (3) No change.

Rulemaking Authority 527.0201, 527.06 FS. Law Implemented 527.0201, 527.055, 527.06 FS. History–New 1-15-02, Amended 7-28-14, Formerly 5F-11.061, Amended         .

 

5J-20.065 Re-examination Procedures.

An applicant who fails any part of an examination is eligible to be re-examined on those parts failed. The applicant must submit FDACS-03504 (02/18) (02/14), LP Gas Examination Scheduling Request, as incorporated by reference in Rule 5J-20.004, F.A.C., and the applicable non-refundable examination fee as set forth in either Sections 527.0201(1) or 527.0201(5)(a), F.S., for the type of examination being taken. Re-examinations must be completed within 90 calendar days of the original examination; however, no examinee is permitted to retake the failed examination more than two times within the 90-day period. If the applicant does not successfully complete and obtain a passing grade on the examination re-take within the 90-day period, the examinee shall be given a failing grade. After a 30-day period, the applicant must reapply to retake the entire examination by submitting FDACS-03504 (02/18) (02/14), LP Gas Examination Scheduling Request, as incorporated by reference in Rule 5J-20.004, F.A.C., along with the required non-refundable examination fee referenced above.

Rulemaking Authority 527.055, 527.06 FS. Law Implemented 527.02(2), (4)(a), 527.055, 527.06 FS. History–New 1-15-02, Amended 7-28-14, Formerly 5F-11.065, Amended           .

 

5J-20.066 Reporting of Qualifier and Master Qualifier Vacancies.

For purposes of Section 527.0201(6), F.S., vacancies in a Qualifier or Master Qualifier position resulting from the departure of the Qualifier or Master Qualifier shall be reported to the department in writing by the Qualifier or Master Qualifier and the licensed company no later than two working days following the day on which the Qualifier or Master Qualifier departed from, or was no longer working at or associated with, the licensed business location. Such notice shall be submitted to the Division of Consumer Services Bureau of LP Gas Inspection by mail to the Department of Agriculture and Consumer Services, 2005 Apalachee Parkway, Mail Stop R-8, Tallahassee, Florida 32399-6500 or by facsimile transmission or e-mail notification at the following fax number and e-mail address: [phone]; [e-mail]. Qualifiers and Master Qualifiers transferring to another licensed business location shall notify the Division of Consumer Services bureau of the transfer by submitting FDACS-03555 (02/14), Qualifier/Master Qualifier Position Location Transfer Request, as incorporated by reference in Rule 5J-20.004, F.A.C.

Rulemaking Authority 527.06 FS. Law Implemented 527.0201(6), 527.055, 527.06 FS. History–New 7-28-14, Formerly 5F-11.066 , Amended           .

 

5J-20.071 Rate of Assessments; Effective Date.

(1) There is hereby assessed to every producer or retail marketer engaged in the production or sale of propane gas in this state the amount of $.003 $.002 per gallon of odorized gas sold in Florida for consumption in Florida; and $.003 $.002 per gallon of odorized gas imported into the state for consumption in the state.

(2) No change.

Rulemaking Authority 527.23(13) FS. Law Implemented 527.23(9), (11), (12) FS. History–New 7-8-98, Amended 1-1-14, Formerly 5F-11.071, Amended             .

 

5J-20.072 Payment of Assessments; Penalties.

(1) Payment of the quarterly assessment shall be based on the odorized gallonage sold or imported into Florida during the quarter. Each producer or marketer shall certify to the department the volume of each load of propane gas sold or imported at the end of each quarter. The volume of propane gas sold for export outside the state shall also be certified to the department for audit purposes only. The amount of the quarterly assessment to be paid and certification of load volume shall be provided on form FDACS-03524 (04/18) (11/12), Odorizers/Importers Quarterly Remittance Report, as incorporated by reference in Rule 5J-20.004, F.A.C.

(2) through (4) No change.

Rulemaking Authority 527.23(13) FS. Law Implemented 527.12, 527.13, 527.23(9), (12) FS. History–New 7-8-98, Amended 1-1-14, Formerly 5F-11.072, Amended            .

 

5J-20.080 Enforcement Actions and Administrative Penalties.

(1) through (9) No change.

(10) Violations. For the purposes of imposing the penalties and enforcement actions provided for in Sections 527.13 and 527.14, F.S., violations shall be designated as either “minor” or “major”.

(a) Minor Violations. A violation of Chapter 527, F.S., or this rule chapter is a minor violation if it does not result in economic or physical harm to a person or adversely affect the public health, safety, or welfare or create a significant threat of such harm. Minor violations shall result in imposition of a fine of up to $1,000. The following violations shall be considered minor violations:

1. through 17. No change.

18. Conducting metered sales of LP gas without an active temperature compensating device as required by NIST Handbook 130, as incorporated by reference in adopted by Rule 5J-22.003 5F-7.005, F.A.C.

19. through 20. No change.

(b) No change.

Rulemaking Authority 120.695 120.569, 527.06 FS. Law Implemented 527.06, 527.12, 527.13, 527.14 FS. History–New 7-28-14, Formerly 5F-11.080, Amended           .

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Hal Prince, Chief, Bureau of Standards

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

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: March 2, 2018

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: March 7, 2018