The proposed rule adopts the most recent published version of NFPA 54, National Fuel Gas Code, 2012 Edition, in accordance with §527.06, F.S. In addition, the proposed rule adopts the current edition of the National Fuel Gas Code Handbook, NFPA 54, ...

 

DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES

Division of Standards

RULE NO.:RULE TITLE:

5F-11.002Standards of National Fire Protection Association Adopted

PURPOSE AND EFFECT: The proposed rule adopts the most recent published version of NFPA 54, National Fuel Gas Code, 2012 Edition, in accordance with Section 527.06, F.S. In addition, the proposed rule adopts the current edition of the National Fuel Gas Code Handbook, NFPA 54, 2012 Edition. This handbook is utilized by the Department as a guide in interpreting NFPA 54.

SUMMARY: The Department is required by Section 527.06, F.S., to adopt rules in substantial conformity with generally accepted safety practices. Standards adopted by the National Fire Protection Association (NFPA) are deemed by the Legislature to meet this requirement per Section 527.06(3), F.S. Currently, Rule 5F-11.002, F.A.C., adopts the 2006 edition of NFPA 54, National Fuel Gas Code. The proposed rule seeks to adopt the 2012 edition of NFPA 54, National Fuel Gas Code, which is the most current edition. In addition, the proposed rule adopts the 2012 edition of the National Fuel Gas Code Handbook, NFPA 54. Rule 5F-11.002, F.A.C., currently adopts the 2006 edition. The handbook is published as a guide for governing entities to utilize in interpreting and applying the national code.

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. The 2012 standards adopted in the proposed rule largely mirror the requirements of the Florida Building Code. As LP gas businesses are already required to comply with Florida Building Code standards, any impact from adoption of the proposed rule is expected to be nominal. No interested party submitted additional information regarding the economic impact.

Any person who wishes to provide information regarding a statement of estimated regulatory costs, or provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.

RULEMAKING AUTHORITY: 527.06 FS.

LAW IMPLEMENTED: 527.06 FS.

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

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: 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-11.002 Standards of National Fire Protection Association Adopted.

(1) The standards of the National Fire Protection Association for the storage and handling of liquefied petroleum gases as published in NFPA 58, Liquefied Petroleum Gas Code, 2011 edition, and for gas appliances and gas piping as published in NFPA 54, National Fuel Gas Code, 2012 2006 edition, shall be the accepted standards for this state and are hereby adopted and incorporated by reference, subject to such additions and exceptions as are set forth in this rule. The LP Gas Code Handbook, NFPA 58, 2011 Edition, and the National Fuel Gas Code Handbook, NFPA 54, 2012 2006 Edition, are hereby adopted and incorporated by reference and shall be utilized by the Department as a guide in interpreting the provisions of Chapter 527, F.S.  Reference to NFPA 58 and NFPA 54 in these rules shall be to the most recent edition as adopted herein. The section 6.6.7 of NFPA 58, 2011 edition, titled “Installation of Containers on Roofs of Buildings,” is hereby excluded from adoption. The section 7.1.6.2 of NFPA 54, 2012 2006 edition, titled “Conduit with Both Ends Terminating Indoors” is hereby excluded from adoption.

(2) No change.

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

 

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: July 31, 2014

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: August 11, 2014