These proposed rule changes and new rules will adopt national definitions and clarify terms used throughout Rule Chapter 5F-11; incorporate department forms by reference and indicate the internet site from which copies may be obtained; clarify ...

 

DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES

Division of Standards

RULE NOS.:RULE TITLES:

5F-11.001Definitions

5F-11.004Bureau of Liquefied Petroleum Gas Inspection Forms

5F-11.012Installer Licenses

5F-11.013Minimum Storage as Relates to Liquefied Petroleum Gas

5F-11.022Marking of Containers

5F-11.026Unsafe Container or System

5F-11.029Inspection of DOT Cylinders

5F-11.044Out-of-gas, Leak Call, and Interrupted Service Procedure

5F-11.045Dispensing Units

5F-11.047Connecting or Disconnecting Cylinders, Tanks, or Systems; Notice to Owner; Transportation

5F-11.048Cylinder Exchange Units

5F-11.060Documentation of Training, General

5F-11.061Master Qualifier Examinations; Applicant Qualifications

5F-11.062Approved Courses of Continuing Education

5F-11.064Renewal of Qualifier and Master Qualifier Certificates

5F-11.065Examination Procedures

5F-11.066Reporting of Qualifier and Master Qualifier Vacancies

5F-11.078Facility Inspection Report; Vehicle Inspection Report; Notice of Required Correction; and Failure to Correct.

5F-11.080Enforcement Actions and Administrative Penalties

5F-11.082Resolution of Violations, Settlement, and Additional Enforcement Remedies

PURPOSE AND EFFECT: These proposed rule changes and new rules will adopt national definitions and clarify terms used throughout Rule Chapter 5F-11; incorporate department forms by reference and indicate the internet site from which copies may be obtained; clarify submission requirements for licensure applicants; establish a new specialty installer license type; clarify requirements for posting of owner information at dealer sites; clarify procedure for "red-tagging" unsafe systems; establish requirement to document leak test results; correct references to codes, statutes, or rules; clarify “working days” for purposes of notice of disconnect and establish that disconnect notices will expire after thirty working days; clarify existing and establish additional safety requirements for protection of cylinder storage units; clarify experience requirements for qualifiers; clarify examination and re-examination procedures; clarify term “immediately” for purposes of reporting qualifier vacancies and establish department e-mail site to which notices may be sent; clarify use of Facility Inspection Report and Vehicle Inspection Report and establish use of Notice of Required Correction and procedures for requesting extensions to correct code violations; specify penalties to be assessed for violations of laws, rules, and regulations to ensure uniformity in the application of such penalties; and establish alternative resolution procedures.

SUMMARY: All proposed rule changes and additions are to ensure that rule language is unambiguous and that current department practices and procedures are codified in rule form. For example, new language regarding inspection reports and deficiencies clarifies and codifies current bureau practices and procedures, including compliance extension requests. Also, all penalties proposed are in keeping with the written guidelines used by the bureau for the past several years in addressing violations of law, rule, and applicable safety regulations; no new violations are created in the proposed rule. Added definitions are also consistent with those commonly used in the industry and are in keeping with NFPA 58, a national safety code adopted in Section 527.06, Fla. Stat., and incorporated by reference in Rule 5F-11.002, F.A.C. The proposed rule clarifies industry terms including “two working days” for purposes of disconnecting propane systems belonging to other companies, “adequate barriers” in regard to protecting storage units from vehicular traffic, and “immediate” for purposes of reporting qualifier and master qualifier vacancies. The lack of definitions in these areas has resulted in inconsistency in compliance with safety standards and rule requirements. Forms that are currently required to be submitted to the department, including licensure application forms, which were not previously adopted by rule, are added and incorporated and all forms have been updated to reflect new agency administration and contact information. Other changes were prompted by specific requests from the industry, such as creation of a new specialty installer license for generator installations and establishing of a time limit for disconnect notices with the requirement that such notices be re-submitted upon expiration.

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. Most of the proposed amendments and modifications serve to establish existing procedures in rule form, and therefore, no anticipated cost increases are associated with these changes. These include all sections addressing administrative violations and penalties. In addition, some proposed rule changes actually serve to lower costs to small businesses. For example, new language creating a generator installer's license will permit persons currently performing this activity to apply for a single license instead of multiple licenses currently required, thereby reducing costs; and new language permitting cylinder exchange operators to utilize an approved fire extinguisher already present at the business establishment in lieu of having to purchase an extinguisher specifically for the exchange unit will also result in lower costs.

In analyzing potential cost increases, the department has discussed all rule changes and all new language additions on numerous occasions with propane-industry based groups, such as the Florida Propane Gas Association and the Florida LP Gas Advisory Board. These groups have noted that any changes or new requirements would have nominal fiscal impact, if any. 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: 527.02, 527.0201, 527.021, 527.03, 527.04, 527.055, 527.06, 527.0605, 527.10, 527.11, 527.13 FS.

LAW IMPLEMENTED: 527.02, 527.0201, 527.021, 527.03, 527.04, 527.055, 527.06, 527.0605, 527.061, 527.07, 527.08, 527.09, 527.10, 527.11, 527.12, 527.13, 527.14 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: Lisa M. Bassett, Chief, Bureau of Liquefied Petroleum Gas Inspection, Department of Agriculture and Consumer Services, 2005 Apalachee Parkway, Tallahassee, Florida 32399-6500, Telephone Number: [phone]

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

5F-11.001 Definitions.

The following terms, unless otherwise expressly stated, shall have the following meanings:

(1) Unless otherwise expressly stated, the term “Aapproved” shall, for the purpose of these rules and regulations, means mean accepted by the Bureau of Liquefied Petroleum Gas Inspection by reason of testing 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) and (b) No change.

(c) Has an established program for periodic inspection of factory production procedures 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.

(3) As provided in NFPA 58, which is incorporated by reference in Rule 5F-11.002, F.A.C., “container” means any vessel, including "tanks" and "cylinders", used for the transporting or storing of liquefied petroleum gases.

(4) “Working days” means any day occurring Monday through Friday, excluding state holidays, and encompassing a full 8-hour work day, typically from 8:00 a.m. until 5:00 p.m.

Rulemaking  Authority 527.06 FS. Law Implemented 527.06 FS. History-New 8-7-80, Amended 7-18-85, Formerly 4B-1.21, 4B-1.021. Amended 3-15-94; 7-20-95, _________.

 

Substantial rewording of Rule 5F-11.004 follows.  See Florida Administrative Code for present text.

5F-11.004 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) FDACS-03501 (02/14), Category I Liquefied Petroleum Gas Dealer (0601) License Renewal Application, http://www.flrules.org/Gateway/reference.asp?No=Ref-

(2) FDACS-03504 (02/14), Examination Scheduling Request, http://www.flrules.org/Gateway/reference.asp?No=Ref-

(3) FDACS-03505 (11/12), Minimum Storage, http://www.flrules.org/Gateway/reference.asp?No=Ref-

(4) FDACS-03506 (02/14), Liquefied Petroleum Gas Installer B (0407) License Application, http://www.flrules.org/Gateway/reference.asp?No=Ref-

(5) FDACS-03507 (02/14), Category III Liquefied Petroleum Gas Cylinder Exchange Operator (0404) License Application, http://www.flrules.org/Gateway/reference.asp?No=Ref-

(6) FDACS-03508 (02/14), Manufacturer of Liquefied Petroleum Gas Appliances and Equipment (0402) License Application, http://www.flrules.org/Gateway/reference.asp?No=Ref-

(7) FDACS-03509 (02/14), Liquefied Petroleum Gas Installer C (0408) License Application, http://www.flrules.org/Gateway/reference.asp?No=Ref-

(8) FDACS-03510 (02/14), Requalifier of Cylinders (0409) License Application, http://www.flrules.org/Gateway/reference.asp?No=Ref-

(9) FDACS-03511 (02/14), Fabricator, Repairer, and Tester of Vehicles and Cargo Tanks

(0411) License Application, http://www.flrules.org/Gateway/reference.asp?No=Ref-

(10) FDACS-03512 (02/14), Category I Liquefied Petroleum Gas Dealer (0601) License Application, http://www.flrules.org/Gateway/reference.asp?No=Ref-

(11) FDACS-03513 (02/14), Dealer in Appliances and Equipment for Use of Liquefied Petroleum Gas (0602) License Application , http://www.flrules.org/Gateway/reference.asp?No=Ref-

(12) FDACS-03514 (02/14), Liquefied Petroleum Gas Installer D (0603) License Application, http://www.flrules.org/Gateway/reference.asp?No=Ref-

(13) FDACS-03515 (02/14), Category II Liquefied Petroleum Gas Dispenser (0604) License Application, http://www.flrules.org/Gateway/reference.asp?No=Ref-

(14) FDACS-03516 (02/14), Liquefied Petroleum Gas Installer A (0803) License Application, http://www.flrules.org/Gateway/reference.asp?No=Ref-

(15) FDACS-03517 (02/14), Pipeline System Operator (0804) License Application, http://www.flrules.org/Gateway/reference.asp?No=Ref-

(16) FDACS-03518 (02/13), Indemnity Bond ($300,000), http://www.flrules.org/Gateway/reference.asp?No=Ref-

(17) FDACS-03519 (02/13), Indemnity Bond ($1,000,000), http://www.flrules.org/Gateway/reference.asp?No=Ref-

(18) FDACS-03520 (02/14), Liquefied Petroleum Gas Insurance Affidavit Category III LP Gas Cylinder Exchange Operator, http://www.flrules.org/Gateway/reference.asp?No=Ref-

(19) FDACS-03521 (02/14), Liquefied Petroleum Gas Insurance Affidavit (For All Licenses Except Category III Cylinder Exchange Operators), http://www.flrules.org/Gateway/reference.asp?No=Ref-

(20) FDACS-03522 (02/14), Facility Inspection Report, http://www.flrules.org/Gateway/reference.asp?No=Ref-

(21) FDACS-03523 (11/12), Vehicle Registration Form, http://www.flrules.org/Gateway/reference.asp?No=Ref-

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

(23) FDACS-03525 (02/14), Category IV Liquefied Petroleum Gas Dispenser and RV Servicer (0605) License Application, http://www.flrules.org/Gateway/reference.asp?No=Ref-

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

(25) FDACS-03527 (02/14), Master Qualifier Declaration of Eligibility, http://www.flrules.org/Gateway/reference.asp?No=Ref-

(26) FDACS-03528 (08/13), LP Gas Training Registration Form, http://www.flrules.org/Gateway/reference.asp?No=Ref-

(27) FDACS-03529 (02/14), Vehicle Inspection Report, http://www.flrules.org/Gateway/reference.asp?No=Ref-

(28) FDACS-03530 (02/14), LP Gas Installers (0603, 0605, 0606) License Renewal Application, http://www.flrules.org/Gateway/reference.asp?No=Ref-

(29) FDACS-03531 (02/14), Liquefied Petroleum Gas Installer E (0405) License Application, http://www.flrules.org/Gateway/reference.asp?No=Ref-

(30) FDACS-03532 (07/13), Dealer in Appliances and Equipment for Use of Liquefied Petroleum Gas (0602) License Renewal Application, http://www.flrules.org/Gateway/reference.asp?No=Ref-

(31) FDACS-03533 (02/14), Pipeline System Operator (0804) License Renewal Application, http://www.flrules.org/Gateway/reference.asp?No=Ref-

(32) FDACS-03534 (02/14), Category V Liquefied Petroleum Gases Dealer for Industrial Uses Only (0606) License Application, http://www.flrules.org/Gateway/reference.asp?No=Ref-

(33) FDACS-03536 (07/13), Category III LP Gas Cylinder Exchange Operator (0404) License Renewal Coupon, http://www.flrules.org/Gateway/reference.asp?No=Ref-

(34) FDACS-03554 (02/14), Site Plan With Fee , http://www.flrules.rg/Gateway/reference.asp?No=Ref-

(35) FDACS-03555 (02/14), Qualifier/Master Qualifier Position Location Transfer Request, http://www.flrules.org/Gateway/reference.asp?No=Ref-

(36) FDACS-03559 (02/14), Site Plan With No Fee , http://www.flrules.org/Gateway/reference.asp?No=Ref-

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

(38) FDACS-03564 (02/14), Stop Use Order , http://www.flrules.org/Gateway/reference.asp?No=Ref-

(39) FDACS-03565 (02/14), Liquefied Petroleum Gas Installer F (0406) License Application, http://www.flrules.org/Gateway/reference.asp?No=Ref-

(40) FDACS-03566 (02/14), Category III LP Gas Cylinder Exchange Operator (0404) License Renewal Application, http://www.flrules.org/Gateway/reference.asp?No=Ref-

(41) FDACS-03567 (02/14), LP Gas Dispensers (0409, 0411, 0604) License Renewal Application, http://www.flrules.org/Gateway/reference.asp?No=Ref-

(42) FDACS-03568 (02/14), LP Gas Installer (0405, 0406, 0407, 0408, 0803) License Renewal Application, http://www.flrules.org/Gateway/reference.asp?No=Ref-

(43) FDACS-03569 (02/14), Qualifier/Master Qualifier LP Gas Dealer (0601) Renewal Application, http://www.flrules.org/Gateway/reference.asp?No=Ref-

(44) FDACS-03570 (02/14), Qualifier LP Gas Installer (0803) Renewal Application, http://www.flrules.org/Gateway/reference.asp?No=Ref-

(45) FDACS-03571 (07/13), Dealer in Appliances and Equipment for Use of Liquefied Petroleum Gas (0602) License Renewal Coupon, http://www.flrules.org/Gateway/reference.asp?No=Ref-

(46) FDACS-03572 (02/14), Qualifier/Master Qualifier LP Gas Installer (0803) Renewal Application, http://www.flrules.org/Gateway/reference.asp?No=Ref-

(47) FDACS-03573 (02/14), Qualifier LP Gas Dealer (0601) Renewal Application, http://www.flrules.org/Gateway/reference.asp?No=Ref-

(48) FDACS-03574 (02/14), Manufacturer of Liquefied Petroleum Gas Appliances and Equipment (0402) License Renewal Application, http://www.flrules.org/Gateway/reference.asp?No=Ref-

Rulemaking Authority 527.0201, 527.06, FS.  Law Implemented 527.02, 527.0201, 527.021, 527.03, 527.04, 527.055, 527.06, 527.0605, 527.061, 527.11 FS.  History-New 6-08-88, Amended 2-5-91, 3-18-92.  Formerly 4B-1.034, Amended 7-20-95; 6-8-99; _________.

 

5F-11.012 Installer Licenses.

(1) No change.

(a) Installer B is any person engaged in the liquefied petroleum gas business whose services include installing, servicing, altering, or modifying apparatus, piping, tubing, appliances, or equipment for the use of liquefied petroleum gas when the apparatus, piping, tubing, appliances, or equipment is part of or attached to a recreational vehicle.  Any person desiring to become licensed as an Installer B must meet the requirements for licensure set forth in ss. 527.02, 527.0201, and 527.04, F.S., and submit FDACS-03506 (02/14), Liquefied Petroleum Gas Installer B (0407) License Application, as incorporated by reference in Rule 5F-11.004, F.A.C.

(b) Installer C is any person engaged in the liquefied petroleum gas business whose services include installing, servicing, altering, or modifying appliances, equipment, piping, or tubing to convey liquefied petroleum gas to appliances or equipment and selling or offering to sell, leasing or offering to lease, appliances or equipment for the use of liquefied petroleum gas.  The scope of work that may be performed by an Installer C does not include installing, servicing, altering, or modifying liquefied petroleum gas motor fuel system, liquefied petroleum gas equipment, appliances or systems on recreational vehicles, or liquefied petroleum gas containers or container assemblies.  Any person desiring to become licensed as an Installer C must meet the requirements for licensure set forth in ss. 527.02, 527.0201, and 527.04, F.S., and submit FDACS-03509 (02/14), Liquefied Petroleum Gas Installer C (0408) License Application, as incorporated by reference in Rule 5F-11.004, F.A.C.

(c) Installer D is any person who is engaged in the liquefied petroleum gas business and whose services include installing, servicing, altering, or modifying apparatus, piping, tubing, tanks, and equipment to convert liquefied petroleum gas for use as a motor fuel.  Any person desiring to become licensed as an Installer D must meet the requirements for licensure set forth in ss. 527.02, 527.0201, and 527.04, F.S.,and submit FDACS-03514 (02/14), Liquefied Petroleum Gas Installer D (0603) License Application, as incorporated by reference in Rule 5F-11.004, F.A.C.

(d) Installer E is any person engaged in the liquefied petroleum gas business whose services include installing portable propane cylinders of no more than 40 lbs. water capacity at a consumer site for the purpose of fuel for outdoor appliances and equipment; servicing, altering, or modifying outdoor appliances, equipment, piping, or tubing to convey liquefied petroleum gas to such outdoor appliances or equipment and selling or offering to sell, leasing or offering to lease, outdoor appliances or equipment for the use of liquefied petroleum gas.  The scope of work that may be performed by an Installer E does not include installing, serving, altering, or modifying liquefied petroleum gas motor fuel systems, liquefied petroleum gas equipment appliances or systems on recreational vehicles, permanently installed liquefied petroleum gas containers or container assemblies, or liquefied petroleum gas equipment, piping, appliances or systems installed in the interior of any permanent building or structure.  Any person desiring to become licensed as an Installer E must meet the requirements for licensure set forth in ss. 527.02, 527.0201, and 527.04, F.S.,and submit FDACS-03531 (02/14), Liquefied Petroleum Gas Installer E (0405) License Application, as incorporated by reference in Rule 5F-11.004, F.A.C.

(e) Installer F is any person who is engaged in the liquefied petroleum gas business whose services include installing, servicing, altering, repairing, or modifying a propane-powered generator, or piping or tubing to convey liquefied petroleum gas to the generator, or selling or offering to sell such generators.  Any person desiring to become licensed as an Installer F must meet the requirements for licensure set forth in ss. 527.02, 527.0201, and 527.04, F.S.,and submit FDACS-03565 (02/14), Liquefied Petroleum Gas Installer F (0406) License Application, as incorporated by reference in Rule 5F-11.004, F.A.C.

(2) All applicants shall be tested as provided in Rule 5F-11.061, F.A.C., on the properties and characteristics of liquefied petroleum gas as well as the LP gas laws, rules, and regulations.  The installation questions shall be based upon the specific type of examination the individual is applying to take for.  The applicant must score a minimum of 75% or above on the installation sections as well as scoring a minimum of 75% or above on each area tested on the overall examination in order to pass.

Rulemaking Authority 527.01(11), 527.06 FS. Law Implemented 527.01(11), 527.02(2), 527.0201, 527.04 FS.  History-New 8-31-93, Formerly 4B-1.036, Amended 9-2-02, _________.

 

5F-11.013 Minimum Storage as Relates to Liquefied Petroleum Gas.

The following is explanatory of each of the two methods which may be used to comply with s. Section 527.11, F.S. (either of the two methods may be used):

(1) (See s. Section 527.11(1), F.S.):  Erect a bulk storage filling plant of not less than 18,000 gallons (water capacity) within the state.  Plans, in triplicate and in detail showing proposed location of the bulk storage container or containers, container charging area, loading and unloading facilities, vaporizers, pumps and compressors and other pertinent facilities shall be submitted to the Bureau of Liquefied Petroleum Gas Inspection for approval prior to erection.  The plans shall bear the following statement, and such shall be attested to by signature of a responsible official of the licensee or qualified consumer.:

“To be constructed and maintained in accordance with the provisions of NFPA No. 58, and other appropriate regulations.”

___________________________

Signature

(2) (See s. Section 527.11 (2), F.S.):  All dealers licensed as of August 31, 2000, and who have entered into a written agreement with a wholesaler (supplier) that the wholesaler (supplier) will provide liquefied petroleum gas to said dealer for a period of twelve continuous months in order to comply with the Minimum Storage Law, specifically s. Section 527.11(2), F.S., shall certify such agreement by submitting FDACS-03505 (11/12), Minimum Storage, as incorporated by reference in Rule 5F-11.004, F.A.C., in writing on forms provided by the Bureau of Liquefied Petroleum Gas Inspection providing detailed information to include, but not be limited to, total bulk plant storage of wholesaler (supplier) and term length of the supply agreement.  Such certification must be signed by responsible officials of the wholesaler (supplier).  The wholesaler (supplier) shall give the Bureau of Liquefied Petroleum Gas Inspection thirty (30) days' days written notice of cancellation of such supply agreement.

Rulemaking Authority 527.06 FS. Law Implemented 527.11 FS.  History-New 8-7-80, Formerly 4A-1.13, Amended 7-18-85, Formerly 4B-1.10, Amended 10-8-86, 2-6-90, Formerly 4B-1.010, Amended 7-20-95, 9-5-01, _________.

 

5F-11.022 Marking of Containers; Posting of Owner Contact Information at Dealer Locations.

(1) and (2) No change.

(3) Failure to mark dealer-owned containers as prescribed in this rule shall result in the imposition of administrative penalties as provided in Rule 5F-11.080, F.A.C.

(4) Containers at dealer locations (bulk plants and remote storage sites) are not required to be marked with the name and telephone number of the owner as long as this information is prominently posted at the dealer location by signage having easily-readable numbers and letters of at least 4” in height.  If the signage is posted in an outdoor location, such as on a perimeter fence, it must be constructed of weatherproof material.

Rulemaking 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 department division staff by means of attachment of a FDACS-03564 (02/14), Stop Use Order, as incorporated by reference in Rule 5F-11.004, F.A.C., also referred to as a “red tag.”  Each red tag shall identify the container or system and indicate indicating the inspector’s name and the date of inspection. where the violation creates an immediate threat to safety.

(b) Containers or sSystems identified by the bureau in this manner, i.e. red-tagged, shall not continue in service until all violations deficiencies have been corrected.

(2) The owner of any container or system red-tagged by the division will be notified immediately by the department 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 department bureau or its representative removes or authorizes removal of the red tag from the system or container.

(b) A system owner will be permitted to remove a red tag when department staff is not available to do so only after the department has acknowledged receipt of documentation or other evidence from the system owner or from another party verifying that all violations have been corrected.  The red tag must be returned to the department bureau immediately upon removal.

(4) Using or operating any red-tagged container or system or removing a red tag without authorization of the department shall result in the imposition of administrative penalties as provided in Rule 5F-11.080, F.A.C.

Rulemaking Authority 527.06 FS. Law Implemented 527.06, 527.10 FS. History– New 3-15-94, Formerly 4B-1.037, Amended  7-20-95, __________.

 

5F-11.029 Inspection of DOT Cylinders.

(1) No change.

(a) The cylinder is checked for exposure to fire, dents, cuts, digs, gouges and corrosion according to requirements of Section C.3.2, Annex  C, of NFPA 58, as incorporated by reference in Rule 5F-11.002, F.A.C.

(b) through (h)  No change.

(2) through (4)  No change.

(5) Failure to inspect a stationary DOT cylinder as prescribed in this rule shall result in the imposition of administrative penalties as provided in Rule 5F-11.080, F.A.C.

Rulemaking Authority 527.06 FS.  Law Implemented 527.06 FS. History-New 5-9-04, Amended 1-29-06, ________.

 

5F-11.044 Out-of-gas, Leak Call, and Interrupted Service Procedure.

(1) Prior to filling an LP gas container in an out-of-gas situation, a licensed supplier of LP gas dealer shall:

(a) through (f) No change.

(2) No change.

(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 in accordance with Chapter 7 of NFPA 54, as adopted in Rule 5F-11.002, F.A.C.

(b) A leak test of the system as prescribed in Annex D of NFPA 54, as adopted in Rule 5F-11.002, F.A.C., must be performed and the results documented prior to placing the system back into service.

(c) No change.

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, __________.

 

5F-11.045 Dispensing Units.

(1) In addition to the requirements of NFPA 58, as incorporated by reference in Rule 5F-11.002 11.003, F.A.C., all LP gas vehicle fuel dispensers and dispensing stations shall:

(a) through (c) No change.

(2) through (5) No change.

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, ____.

 

5F-11.047 Connecting or Disconnecting Containers 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 container 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 owner owners of the container any cylinder or tank, or system prior to disconnecting or connecting such container cylinder, tank, or system.  Due and sufficient notice shall be received by the owner owners at least two (2) working days prior to installing the container 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 container 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 container cylinder or tank, whether empty or full, upon the premises of a consumer, does so in a manner that renders the container cylinder or tank tight with valves turned off, the container cylinder or tank service valve plugged with brass or steel fittings, and all other container cylinder, tank, or system openings properly plugged.  In addition, any container cylinder, tank, or system disconnected must be done so in a manner that is in compliance with the requirements of NFPA 58, as incorporated by reference in Rule 5F-11.002, F.A.C.  Notices of disconnect shall expire after 30 days.  If the container or system is not disconnected prior to the expiration of the disconnect notice, a new notice of disconnect must be issued in compliance with the provisions of this rule.

(2) Connecting or disconnecting a container or system without providing due and sufficient notice as prescribed in this rule shall result in the imposition of administrative penalties as provided in Rule 5F-11.080, F.A.C.

(3) (2) In an out-of-gas situation and upon receiving authorization from the end user or owner of the container cylinder, tank, or system, the person, firm, or corporation may disconnect the container cylinder, tank, or system downstream of the system regulator or meter.  A person, firm, or corporation who disconnects any container cylinder, tank, or system shall notify the owner of the container cylinder, tank, or system within immediately, but not to exceed  24 hours, followed by written notification within five (5) 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.

(4) (3) The owner of anyAll disconnected containers cylinder, tank, or systems system must be timely removed remove the cylinder or tank from the premises of the consumer or end-user or must be timely and lawfully abandoned within 30 working days after notification.  Disconnected aboveground containers or systems must be removed or lawfully abandoned within ten (10) days after disconnect.  Disconnected underground containers or systems must be removed or lawfully abandoned within 30 days after disconnect.  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 container cylinder or tank containing liquefied petroleum gas, whether in the liquid or vapor state.

(5)Failure to timely remove a disconnected container or system from the premises of the consumer or end-user or to timely and lawfully abandon the container or system shall result in the imposition of administrative penalties as provided in Rule 5F-11.080, F.A.C.

(6)Complaints from consumers, liquefied petroleum gas industry-members, agencies, or other entities concerning violations of this rule must be filed within 90 days of the violation's occurrence.

Rulemaking 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-11.048 Storage of Cylinders Awaiting Use, Resale, or Exchange Cylinder Exchange Units.

(1) In addition to the requirements in NFPA 58, as incorporated by reference in Rule 5F-11.002, F.A.C. In the interest of safety, all cylinder exchange units shall: cylinders awaiting use, resale, or exchange at a location open to the public shall be stored in storage units meeting the following requirements:

(a) The unit shall be tamperproof.  The exterior of the unit shall be constructed of metal and shall be lockable.  The unit shall be 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;

(b) Have the 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 Have an approved 18 lb. minimum capacity dry chemical BC or ABC portable fire extinguisher readily available and within 50 feet of for the unit.; and  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;

(d) Have The servicing dealer's name and emergency telephone numbers(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)(2)  Cylinder exchange units must The unit shall have adequate barriers to protect the unit from vehicular traffic where necessary vehicle traffic normally can be expected and be vented both top and bottom.  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 feet (3') in height, shall be firmly anchored into the ground, set no more than four feet (4') 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 Cylinder exchange units must be set on a secure, non-combustible base and must be located a minimum of five feet from any building opening or source of ignition  Cylinder exchange units shall not be located within buildings;. and

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

(2)(3) The maximum single cylinder size that may be stored in a any cylinder exchange unit is 45 lbs. pounds’ liquefied petroleum gas capacity.  The aggregate liquefied petroleum gas storage of any cylinder exchange unit shall not exceed 720 pounds’ liquefied petroleum gas capacity.  Multiple cylinder exchange units may be located adjacent to each other provided the aggregate storage does not exceed 720 pounds’ liquefied petroleum gas capacity.  Any combination of cylinder exchange units whose aggregate storage exceeds 720 lbs. liquefied petroleum gas capacity must be separated from each other by a minimum distance of 10 feet.

(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 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 (02/14),  Site Plan With No Fee, as incorporated by reference in Rule 5F-11.004, 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 5F-11.002, 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, ________.

 

5F-11.060 Documentation of Training, General.

(1) Documentation of employee training, as required in Section 1-5, NFPA 58, and as adopted in Rule 5F-11.002, F.A.C., shall include the following:

(a) through (f) No change.

(2) No change.

Rulemaking Authority 527.02(4), 527.055, 527.06 FS. Law Implemented 527.02(4), 527.055, 527.06 FS.  History-New 1-15-02, Amended________.

 

5F-11.061 Qualifier and Master Qualifier Examinations; Applicant Qualifications.

(1) Applicants for examination for competency must submit FDACS-03504 (02/14), Examination Scheduling Request, as incorporated by reference in Rule 5F-11.004, F.A.C., along with the required non-refundable examination fee set forth in s. 527.0201(1), F.S.  Applicants will be scheduled for the next-available examination administration at the site designated by the applicant on this form.

(2)(1) As evidence of reasonable competency and qualification, Master Qualifier applicants must be a Category I Liquefied Petroleum LP Gas Dealer or LP Gas Installer qualifier and shall have a minimum of one year’s verifiable practical experience in the liquefied petroleum gas industry. within the ten (10) years immediately preceding submission of the application for Master Qualifier examination.  Acceptable Practical experience is defined as shall include work with a liquefied petroleum gas company where the applicant performed and which activities that fall within one or more of the following categories:

(a) through (f) No change.

(3)(2)  Each applicant for Master Qualifier examination shall provide documentation to the department certifying eligibility as a Master Qualifier for a licensed Category I Liquefied Petroleum LP Gas Dealer or LP Gas Installer in the sState of Florida.  Documentation shall be provided by submitting on department form FDACS-03527, (02/14), entitled Master Qualifier Declaration of Eligibility, as incorporated by reference in Rule 5F-11.004, F.A.C. effective December 1, 2001, and incorporated herein by reference, and shall include the following:

(a) through (d) No change;

(e) Verification of eEmployment with a lLicensed Category I Liquefied Petroleum LP Gas Dealer or LP Gas Installer;

(f) Copy of the applicant's applicants examination qualification card as a Category I Liquefied Petroleum LP Gas Dealer or LP Gas Installer qualifier.

Copies of this form may be obtained by writing the Bureau of LP Gas Inspections, 3125 Conner Boulevard, Suite N, Tallahassee, Florida 32399-1650.

Rulemaking Authority 527.02(4), 527.0201, 527.055, 527.06 FS.  Law Implemented  527.02(4), 527.0201, 527.055, 527.06, FS.  History–New 1-15-02, Amended________.

 

5F-11.062 Approved Courses of Continuing Education.

(1) Courses, which cover one or more of the following topics, shall be approved for continuing education credit as required in s. Section 527.0201, F.S., Florida Statutes, for Category I Liquefied Petroleum LP Gas Dealer Qualifiers, LP Gas Installer Qualifiers, and Master Qualifiers:

(a) and (b) No change.

(c) Gas emergency procedures, fire protection, or risk management planning.

(d) through (i) No change.

(2)  SixteenTwelve hours of continuing education during the three-year period must be attained in order for the qualifier or master qualifier to renew certification.  Continuing education credits will be granted on an hour-for-hour basis for up to four (4) 4 hours credit per class.  For each 1612 hours of continuing education credits, a minimum of two hours shall be from items (a), (b), or (c) in subsection (1) above.

(3) No change.

Rulemaking Authority 527.02(2), (4)(c), 527.0201, 527.055, 527.06 FS.  Law Implemented 527.02(2), (4)(c), 527.0201, 527.055, 527.06, FS.  History–New 1-15-02, Amended________.

 

5F-11.064 Renewal of Qualifier and Master Qualifier Certificates.

(1) In order to renew their qualification, aAll Ccategory I Liquefied Petroleum LP Ggas Dealer qualifiers, LP Ggas Iinstaller qualifiers and Master Qualifiers shall submit a renewal fee, renewal application and documentation of a minimum of 16 12 continuing education hours using one of the following on department forms as appropriate: FDACS-03569 (02/14), Qualifier/Master Qualifier LP Gas Dealer (0601) Renewal Application, as incorporated by reference in Rule 5F-11.004, F.A.C.; FDACS-03572 (02/14), Qualifier/Master Qualifier LP Gas Installer (0803) Renewal Application, as incorporated by reference in Rule 5F-11.004, F.A.C.; FDACS-03573 (02/14), Qualifier LP Gas Dealer (0601) Renewal Application, as incorporated by reference in Rule 5F-11.004, F.A.C.; or FDACS-03570 (02/14), Qualifier LP Gas Installer (0803) Renewal Application, as incorporated by reference in Rule 5F-11.004, F.A.C. DACS-03530, entitled Master Qualifier/Qualifier Renewal Form, effective December 1, 2001, and incorporated herein by reference, in order to renew their qualification.  This form may be obtained by writing the Bureau of LP Gas Inspections, 3125 Conner Blvd., Suite N., Tallahassee, Florida 32399-1650.  The renewal fee, as prescribed in s. Section 527.02, F.S., is $20 for each Ccategory I Liquefied Petroleum LP Ggas Ddealer qualifier and LP Ggas Iinstaller qualifier, and $30 for each Master Qualifier.  Additionally, each person designated as Master Qualifier for a license holder must submit documentation of eligibility on document form by submitting FDACS-03527, (02/14), entitled Master Qualifier Declaration of Eligibility, as incorporated by reference in Rule 5F-11.004, F.A.C., effective December 1, 2001, incorporated herein by reference, as a manager, owner, or person otherwise primarily responsible for overseeing the operations of the licensed location.  The Master Qualifier Declaration of Eligibility form may be obtained by writing the Bureau of LP Gas Inspections, 3125 Conner Blvd., Suite N., Tallahassee, Florida 32399-1650.

(2) No change.

Rulemaking Authority 527.02(2), (4)(c), 527.0201, 527.055, 527.06 FS.  Law Implemented  527.02(2), (4)(c), 527.0201, 527.055, 527.06, FS.  History–New 1-15-02, Amended________.

 

5F-11.065 Re-examination Examination Procedures.

An applicant who fails any part of an examination is eligible to may be re-examined reexamined on those parts failed.  The applicant must submit FDACS-03504 (02/14), Examination Scheduling Request, as incorporated by reference in Rule 5F-11.004, F.A.C., upon reapplication and payment of the applicable non-refundable required examination fee. as set forth in either s. 527.0201(1) or s. 527.0201(5)(a), F.S., for the type of examination being taken.  Re-examinations Reexaminations must be completed within 90 calendar days of the original examination;, however, no examinee is permitted to may 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 may reapply to retake the entire examination by submitting FDACS-03504 (02/14), Examination Scheduling Request, as incorporated by reference in Rule 5F-11.004, 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________.

 

5F-11.066 Reporting of Qualifier and Master Qualifier Vacancies.

For purposes of s. 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 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 bureau of the transfer by submitting FDACS-03555 (02/14), Qualifier/Master Qualifier Position Location Transfer Request, as incorporated by reference in Rule 5F-11.004, F.A.C.

Rulemaking Authority 527.06 FS.  Law Implemented 527.0201(6), 527.055, 527.06, FS.  History–New __________.

 

5F-11.078 Facility Inspection Report; Vehicle Inspection Report; Notice of Required Correction; Failure to Correct.

(1) The department will provide a FDACS-03522 (02/14), Facility Inspection Report, as incorporated by reference in Rule 5F-11.004, F.A.C., or FDACS-03529 (02/14), Vehicle Inspection Report, as incorporated by reference in Rule 5F-11.004, F.A.C., as applicable, to the owner or operator of any facility, building, system, equipment, vehicle, or premises inspected by the department pursuant to s. 527.061, F.S.  The FDACS-03522 (02/14), Facility Inspection Report or FDACS-03529 (02/14), Vehicle Inspection Report shall note any law, rule, or code violations or deficiencies found and will provide a time frame for correction, if appropriate.  If no violations are present, the FDACS-03522 (02/14), Facility Inspection Report or FDACS-03529 (02/14), Vehicle Inspection report shall so indicate.  The department shall issue a notice of required correction indicating the date after-which re-inspection will occur and notifying the responsible party or parties that penalties may be imposed pursuant to Rule 5F-11.080, F.A.C., for failure to timely correct the deficiencies noted in an inspection report.  A copy of the FDACS-03522 (02/14), Facility Inspection Report or FDACS-03529 (02/14), Vehicle Inspection Report shall be included with the notice of required correction.

(2) If additional time is required in which to correct code violations or deficiencies noted in a FDACS-03522 (02/14), Facility Inspection Report, as incorporated by reference in Rule 5F-11.004, F.A.C., or FDACS-03529 (02/14), Vehicle Inspection Report, as incorporated by reference in Rule 5F-11.004, F.A.C., the facility or vehicle owner or operator must submit a request for extension.  All such requests shall be in writing and must be received by the department prior to the expiration of the time frame for correction stated in the report.  The request for extension will only be granted if the reason for additional time is due to events beyond the control of the owner/operator and if the owner/operator has made a good-faith effort to comply within the original time period provided.  If an extension request is granted, written approval will be provided to the facility or vehicle owner or operator by the department which will reflect the new date by which deficiencies shall be corrected.

(3) Unless otherwise specified in this rule chapter, failure to correct law, rule, or code deficiencies identified in a FDACS-03522 (02/14), Facility Inspection Report, as incorporated by reference in Rule 5F-11.004, F.A.C., or FDACS-03529 (02/14), Vehicle Inspection Report, as incorporated by reference in Rule 5F-11.004, F.A.C., and included in a notice of required correction within the time period specified shall result in imposition of penalties as provided in Rule 5F-11.080, F.A.C.

(4) The department shall affix a decal to any container, storage unit, liquefied petroleum gas system, or liquefied petroleum gas equipment or device to indicate that it has been inspected pursuant to s. 527.061, F.S.  The decal shall be affixed in a manner that ensures it can be easily read by the public, but shall not obstruct other information on the inspected item intended to provide important information to the public, such as the owner's contact information or information regarding propane safety.  Decals shall only be removed, replaced, or altered by department personnel.

Rulemaking Authority 527.06 FS. Law Implemented 527.06, 527.061, 527.12, 527.13, 527.14 FS. History–New_________.

 

5F-11.080 Enforcement Actions and Administrative Penalties.

(1) This rule sets forth the guidelines the department will follow in imposing the penalties and enforcement actions authorized under ss. 527.13 and 527.14, F.S.  The purpose of the guidelines is to give notice of the range of penalties which normally will be imposed for a single violation within a three (3) year period.  The three-year period shall be based on the date of the last administrative enforcement action imposed for the same violation.  These guidelines list aggravating and mitigating factors that, if present, will reduce or increase penalties to be imposed.  No aggravating factors will be applied to increase a fine imposed for a single violation above the statutory maximum of $3,000 per violation.  The guidelines in this rule chapter are based upon a single count violation of each provision listed.  Multiple counts of the violated provision or a combination of the listed violations will be added together to determine an overall total penalty and will be grounds for enhancement of penalties.

(2) The department will enforce compliance with Chapter 527, F.S., and this rule chapter by issuing an administrative complaint, a stop use order (red-tag), or an immediate final order, including a cease and desist order, for violations of Chapter 527, F.S., and this rule chapter, and for violations of codes adopted pursuant to Rule 5F-11.002.

(3) Stop Use Orders.  The department shall issue a FDACS-03564 (02/14),  Stop Use Order, as incorporated by reference in Rule 5F-11.004, F.A.C., whenever necessary to effectuate the statutory duties of the department in the interests of public health, safety, and welfare and to promote public safety where the installation, operation, maintenance, or condition of a liquefied petroleum gas container or system, including a cylinder storage unit, fails to comply with the codes adopted in Rule 5F-11.002, F.A.C., or with any provision of Chapter 527, F.S., or this rule chapter.

(4) Rule Not All-Inclusive.  This rule contains illustrative violations.  It does not, and is not intended to encompass all possible violations of statute or department rule that might be committed by any person.  The absence of any violation from this rule chapter shall in no way be construed to indicate that the violation does not cause harm to the public or is not subject to a penalty.  In any instance where the violation is not listed in this rule chapter, the penalty will be determined by consideration of:

(a) The closet analogous violation, if any, that is listed in this rule chapter; and

(b) The mitigating or aggravating factors listed in this rule.

(5) Aggravating and Mitigating Factors.  The department will consider aggravating and mitigating factors in determining penalties for violations of Chapter 527, F.S., and this rule chapter.  Aggravating factors shall warrant the adjustment of any fine imposed upward by an additional amount equal to 50% of the fine amount and mitigating factors shall warrant the adjustment of the fine downward by reducing the fine by 50%.  In no event shall a fine exceed the statutory maximum as outlined in s. 527.13, F.S.  If a warning letter is imposed for an initial violation, a second violation within a three-year period shall result in a $250 fine.  Both aggravating and mitigating factors, if present, shall be applied against each single count of the listed violation regardless of whether the violation is a minor violation or a major violation as described in Rule 5F-11.080(9)(a) and (b), F.A.C. =

(a) Aggravating Factors:

1. The violation caused, or has the potential to cause, serious injury to a person.

2. The violation endangered the public safety or welfare.

3. Previous violations within the preceding three years for the same or a similar offense that resulted in imposition of administrative penalties, issuance of a warning letter, or suspension or revocation of license.

4. The violation occurred for more than 24 hours with the violator's knowledge.

5. The violator impeded, or otherwise failed to cooperate with, the department’s inspection or investigation.

6. Previous disciplinary actions within the preceding three years against the violator involving any violation of Chapter 527, F.S., or Rule Chapter 5F-11, F.A.C.

7. The violator’s prior knowledge of Chapter 527, F.S., and Rule Chapter 5F-11, F.A.C.

8. Whether the violation resulted from negligence or an intentional act.

9. The cost of the enforcement action.

10. The benefit to the violator.

(b) Mitigating Factors:

1. Any documented efforts by the violator at rehabilitation, including, but not limited to, successful completion of training courses directly related to the offense committed.

2. Whether intentional actions of another party prevented the violator from complying with the applicable laws, rules, or regulations.

3. Financial hardship.

4. Acts of God or nature that impaired the ability of the violator to comply with Chapter 527, F.S., or Rule Chapter 5F-11, F.A.C.

5. The violation has a low risk of, or did not result in, harm to the public health, safety, or welfare.

6. The violator took affirmative or corrective action within twenty-four hours of receiving written notification of the violation.

7. The disciplinary history within the prior three years of the person committing the violation.

8. If a repeat violation, whether three or more years have passed since the prior violation.

9. If the violation involves failure to timely provide documentation of employee training, demonstration by the employee that he is capable of successfully performing the activity addressed in the training.

(6) The provisions of this rule chapter shall not be construed so as to prohibit or limit any other civil or criminal prosecution that may be brought.

(7) In addition to the penalties established in this rule, the department reserves the right to seek to recover any other costs, penalties, attorney’s fees, court costs, service fees, collection costs, and damages allowed by law.  Additionally, the department reserves the right to seek to recover any costs, penalties, attorney’s fees, court costs, service fees, and collection costs resulting from a payment that is returned for insufficient funds to the department.

(8) Notice of noncompliance.  Any department investigation or inspection that reveals minor violations of this rule chapter for which the department has reason to believe that the violator was unaware of the rule or unclear as to how to comply with it, will result in the issuance of a notice of noncompliance as the department's first response to the violation.  The following shall be considered minor violations for which a notice of noncompliance shall be issued for the first occurrence only:

(a) Lack of proper signage;

(b) Propane containers in need of paint;

(c) Failure to remove or maintain weeds, grass, or vegetation growing around containers;

(d) Minor corrosion issues; or

(e) Storage of combustibles too close to a container.

(9) Warning Letter.  In lieu of an administrative fine or other penalty, a warning letter shall be issued to the license holder, master qualifier, qualifier, or any person for a first violation of any of the following:

(a) Conducting LP gas activities as defined in s. 527.01, F.S., under the Category III, Category IV, Manufacturer of liquefied petroleum gas appliances and equipment, or Dealer in appliances and equipment for use of liquefied petroleum gas licensure categories, including while any licensure application is pending, where the unlicensed activity did not contribute to or cause an LP-gas related accident.

(b) Conducting LP gas activities without insurance as required in ss. 527.02 and 527.04, F.S., including conducting LP gas activities after insurance coverage has expired or has been cancelled, but only where the required insurance was obtained no more than thirty (30) days after the uninsured LP gas activity occurred, or insurance coverage expired or was cancelled.

(c) Failure to mark dealer-owned containers in service in a legible manner with the name and phone number of the owner.

(d) Failure to maintain or make immediately available to the department upon request employee training records.

(10) Violations.  For the purposes of imposing the penalties and enforcement actions provided for in ss. 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 depending upon the violation committed.  The following violations shall be considered minor violations:

1. A subsequent violation of any of the violations enumerated in (8) or (9), above, within a three-year period.

2. Failure to timely notify the department of a loss of qualifier or master qualifier in violation of s. 527.0201, F.S.

3. Connecting or disconnecting a container or system without due and sufficient notice as required under Rule 5F-11.047, F.A.C.

4. Failure to timely remove or lawfully abandon a disconnected container or system from the premises of the consumer or end-user in accordance with Rule 5F-11.047, F.A.C.

5. Except as otherwise stated in (9)(a), above, conducting LP gas activities as defined in s. 527.01, F.S., without a license, including while any licensure application is pending, or while the license is inoperative because of failure to renew, or conducting LP gas activities after the qualification status of the duly-designated Qualifier or Master Qualifier has expired, where the unlicensed activity did not contribute to or cause an LP-gas related accident.

6. Any violation involving LP gas found during a department accident investigation that contributed to the accident, but was not a direct cause of the accident, and resulted in the following:

a. Personal injury not requiring professional medical treatment; or

b. Property damage of $25,000 or less.

7. Conducting LP gas activities without insurance as required in ss. 527.02 and 527.04, F.S., including conducting LP gas activities after insurance coverage has expired or has been cancelled, where the required insurance was obtained more than thirty (30) days after the uninsured LP gas activity occurred, or insurance coverage expired or was cancelled.

8. Failure to correct non-hazardous law, rule, or code deficiencies identified in a FDACS-03522 (02/14), Facility Inspection Report, as incorporated by reference in Rule 5F-11.004, F.A.C., or FDACS-03529 (02/14), Vehicle Inspection Report, as incorporated by reference in Rule 5F-11.004, F.A.C., and included in a notice of required correction, within the time period specified.

9. 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.

10. Failure to perform and/or document the following periodic testing required on propane cargo vehicles within the time frames prescribed in Title 49, Code of Federal Regulations, as referenced in NFPA 58, adopted in Rule 5F-11.002, F.A.C.:

a. Annual external visual and leak test;

b. Five-year cargo vessel pressure test;

c. Monthly delivery hose inspection; or

d. Monthly emergency shut-off valve test.

11. 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 s. 527.065(3), F.S.

12. Failure to timely notify the department of any accident meeting the criteria of s. 527.065, F.S.

13. 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 s. 527.07, F.S.

14. Installing a bulk storage container without first obtaining the department’s approval of a written site plan or placing a bulk storage container into operation prior to obtaining inspection and approval as required by s. 527.0605, F.S.

15. Failure to inspect a stationary DOT cylinder as required by Rule 5F-11.029, F.A.C.

16. Filling a cylinder with an expired requalification date, filling a “non-refillable” cylinder, filling a cylinder without conducting an appropriate visual inspection, or filling a cylinder that fails one or more of the visual inspection criteria in NFPA 58, as incorporated by reference in Rule 5F-11.002, F.A.C.

17. Continuing a cylinder in service that is not in accordance with DOT regulations or that fails to meet one or more of the visual inspection criteria in NFPA 58, as incorporated by reference in Rule 5F-11.002, F.A.C., including a cylinder with an expired requalification date.

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

Failure to document any procedure or activity required to be documented by Chapter 527, F.S., or this rule chapter, or any code adopted pursuant to either Chapter 527, F.S., or this rule chapter.

19. Unauthorized removal of a red tag, where the system or equipment was not utilized or operated after the red tag was initially applied.

(b) Major Violations.  A violation of Chapter 527, F.S., or this rule chapter is a major violation if it results in economic or physical harm to a person or adversely affects the public health, safety, or welfare, or creates a significant threat of such harm.  Depending upon the violation committed, major violations shall result in the imposition of an administrative fine of from $1,000 up to $3,000, suspension or revocation of the license as prescribed in s. 527.14, F.S., or any of the foregoing, as prescribed in s. 527.13, F.S.  The following violations shall be considered major violations:

1. Any violation involving LP gas found during a department accident investigation that contributed to the accident, but was not a direct cause of the accident, and resulted in property damage exceeding $25,000.

2. Any violation involving LP gas found during a department accident investigation, regardless of whether the violation was or was not a direct cause of the accident, that contributed to the accident and resulted in the following:

a. Loss of human life; or

b. Personal injury requiring professional medical treatment.

3. Any violation involving LP gas found during a department accident investigation that contributed to and was a direct cause of the accident, and that resulted in property damage exceeding $2,500.

4. Transportation of propane cylinders in violation of the requirements of NFPA 58, as incorporated by reference in Rule 5F-11.002, F.A.C.

5. Knowingly or intentionally conducting LP gas activities without a license following issuance of written notice from the department regarding the lack of licensure, including licensure that has expired due to nonrenewal.

6. Knowingly or intentionally conducting LP gas activities without insurance coverage following issuance of written notice from the department regarding the lack of insurance.

7. 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, as incorporated by reference in Rule 5F-11.002, F.A.C., and by Rule 5F-11.044, F.A.C.

8. Intentional alteration, modification, or disabling of any component in an LP gas system, including the container and its appurtenances, that renders the equipment out of compliance with Chapter 527, F.S., this rule chapter, or any applicable code adopted in Rule 5F-11.002, F.A.C., or renders it inoperable, or otherwise prevents it from functioning as intended by the equipment manufacturer.

9. Failure to install LP gas appliances, piping, or equipment in accordance with manufacturer’s instructions or applicable safety codes.

10. Failure to install, disconnect, and/or store LP gas containers in accordance with applicable rules and safety codes.

11. Failure to follow proper fill procedures, other than visual inspection requirements, including overfilling of propane containers.

12. Failure to respond to a verifiable leak call within twenty-four hours or failure to physically respond to an emergency within two (2) hours when contacted by an emergency response unit, as required by ss. 527.065(4) and 527.065(5), F.S.

13. Use or operation of red-tagged equipment or systems, including transport vehicles.

14. Failing to correct within thirty (30) days, any hazardous law, rule, or code deficiencies identified in a FDACS-03522 (02/14), Facility Inspection Report, as incorporated by reference in Rule 5F-11.004, F.A.C., or FDACS-03529 (02/14), Vehicle Inspection Report, as incorporated by reference in Rule 5F-11.004, F.A.C., and included in a notice of required correction.

15. Endangering the public by knowingly or intentionally operating LP gas equipment, including equipment transporting an LP gas container containing product, in a reckless manner.

Rulemaking Authority 120.569, 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) Nothing in this rule chapter shall prohibit the department and person charged with a violation from resolving violations prior to administrative hearing, or from entering into settlement pursuant to s. 120.57(4), F.S.  The department is authorized to utilize all available remedies to ensure compliance including administrative action, civil actions and referrals for criminal prosecution.  The cost of any enforcement proceeding may be added to any penalty imposed.  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 and as authorized by Chapter 120, F.S. or Chapter 527, F.S.

(2) Failure to respond to an administrative complaint shall result in the entry of a Default Final Order against the violator or entity responsible for the violation.  The department shall impose administrative fines in a Default Final Order up to the maximum amount allowable under s. 527.13, F.S.

(3) A failure to comply with either a Final Order or a Default Final Order of the department shall result in license revocation and enforcement of additional penalties as prescribed in Chapter 527, F.S.

Rulemaking Authority 527.06 FS. Law Implemented 527.06, 527.08, 527.09, 527.12, 527.13, 527.14 FS. History–New_________.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Tom A. Steckler, Division Director

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

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: March 06, 2014

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: March 7, 2013