Definitions, Bureau of Liquefied Petroleum Gas Inspection Forms, Installer Licenses, Minimum Storage as Relates to Liquefied Petroleum Gas, Marking of Containers, Unsafe Container or System, Inspection of DOT Cylinders, Out-of-gas, Leak Call, and ...
DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES
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
NOTICE OF CHANGE
Notice is hereby given that the following changes have been made to the proposed rule in accordance with subparagraph 120.54(3)(d)1., F.S., published in Vol. 40, No. 46, March 7, 2014 issue of the Florida Administrative Register.
5F-11.001 Definitions.
No change.
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, _________.
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) No change.
(2) FDACS-03504 (04/14) (02/14), Examination Scheduling Request, http://www.flrules.org/Gateway/reference.asp?No=Ref-________.
(3) through(4) No change.
(5) FDACS-03507 (04/14) (02/14), Category III Liquefied Petroleum Gas Cylinder Exchange Operator (0404) License Application, http://www.flrules.org/Gateway/reference.asp?No=Ref-________.
(6) through (10) No change.
(11) FDACS-03513 (04/14) (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) through (14) No change.
(15) FDACS-03517 (04/14) (02/14), Pipeline System Operator (0804) License Application, http://www.flrules.org/Gateway/reference.asp?No=Ref-________.
(16) through (17) No change.
(18) FDACS-03520 (04/14) (02/14), Liquefied Petroleum Gas Insurance Affidavit Category III LP Gas Cylinder Exchange Operator, http://www.flrules.org/Gateway/reference.asp?No=Ref-______.
(19) through (25) No change.
(26) FDACS-03528 (04/14) (08/13), LP Gas Training Registration Form, http://www.flrules.org/Gateway/reference.asp?No=Ref-________.
(27) through (29) No change.
(30) FDACS-03532 (04/14) (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 (04/14) (02/14), Pipeline System Operator (0804) License Renewal Application, http://www.flrules.org/Gateway/reference.asp?No=Ref-______.
(32) No change.
(33) FDACS-03536 (02/14) (07/13), Category III LP Gas Cylinder Exchange Operator (0404) License Renewal Coupon, http://www.flrules.org/Gateway/reference.asp?No=Ref-________.
(34) through (35) No change.
(36) FDACS-03559 (04/14) (02/14), Site Plan With No Fee, http://www.flrules.org/Gateway/reference.asp?No=Ref-________.
(37) through (39) No change.
(40) FDACS-03566 (04/14) (02/14), Category III LP Gas Cylinder Exchange Operator (0404) License Renewal Application, http://www.flrules.org/Gateway/reference.asp?No=Ref-________.
(41) through (44) No change.
(45) FDACS-03571 (04/14) (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) through (48) No change.
Rulemaking Authority 527.0201, 527.06 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;__________.
5F-11.012 Installer Licenses.
No change.
Rulemaking Authority 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.
No change.
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.
No change.
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.
No change.
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.
No change.
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.
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.
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 or Systems; Notice to Owner; Transportation.
No change.
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.
(1) through (2) No change.
(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 (04/14) (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) through (6) No change.
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.
No change.
Rulemaking Authority 527.02(4), 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.
No change.
Rulemaking Authority 527.0201, 527.06 FS. Law Implemented 527.0201, 527.055, 527.06, FS. History–New 1-15-02, Amended__________.
5F-11.062 Approved Courses of Continuing Education.
No change.
Rulemaking Authority 527.0201, 527.06 FS. Law Implemented 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, all Category I Liquefied Petroleum Gas Dealer qualifiers, LP Gas Installer qualifiers and Master Qualifiers shall submit a renewal fee, renewal application and documentation of a minimum of 16 continuing education hours using one of the following 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. The renewal fee, as prescribed in Section 527.0201 527.02, F.S., is $20 for each Category I Liquefied Petroleum Gas Dealer qualifier and LP Gas Installer qualifier, and $30 for each Master Qualifier. Additionally, each person designated as Master Qualifier for a license holder must submit documentation of eligibility by submitting FDACS-03527 (02/14), Master Qualifier Declaration of Eligibility, as incorporated by reference in Rule 5F-11.004, F.A.C., as a manager, owner, or person otherwise primarily responsible for overseeing the operations of the licensed location.
(2) No change.
Rulemaking Authority 527.0201, 527.055, 527.06 FS. Law Implemented 527.0201, 527.055, 527.06 FS. History–New 1-15-02, Amended ________.
5F-11.065 Re-examination Procedures.
No change.
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.
No change.
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.
No change.
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) through (4) No change.
(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 (10) (a) and (b)(9)(a) and (b), F.A.C.
(a) through (b) No change.
1. No change.
2. Whether intentional actions of another party prevented the violator from complying with the applicable laws, or rules, or regulations.
3. through 9. No change.
(6) 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 depending upon the violation committed. The following violations shall be considered minor violations:
1. through 16. No change.
17. Continuing a cylinder in service with an expired requalification date that is not in accordance with DOT regulations or that fails to meet any one or more of the visual inspection criterion or any other provision regarding in-service use, including provisions governing transporting of cylinders, contained 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. Failure to document any procedure or activity required to be documented by NFPA 58, as incorporated by reference in Rule 5F-11.002, F.A.C. or this rule chapter Chapter 527, F.S., or any code adopted pursuant to either Chapter 527, F.S., or this rule chapter.
20.19. 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, Mmajor 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 Section 527.14, F.S., or any of the foregoing, as prescribed in Section 527.13, F.S. The following violations shall be considered major violations:
1. through 15. No change.
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) through (2) No change.
(3) A failure to comply with either a Final Order or a Default Final Order of the department shall result in license revocation and additional enforcement of additional penalties as prescribed in Sections 527.09, 527.12 and 527.13 Chapter 527, F.S.
Rulemaking Authority 527.06, 570.07(23) FS. Law Implemented 527.06, 527.08, 527.09, 527.12, 527.13, 527.14 FS. History–New_________.
