The State Fire Marshal’s office is updating all references to incorporated documents in Rule 69A-50.015, F.A.C., to reflect the most recent versions. Further, the rule is being amended to make editorial changes and provide an internet address for ...

 

DEPARTMENT OF FINANCIAL SERVICES

Division of State Fire Marshal

RULE NO.:RULE TITLE:

69A-50.015Submission Procedures

PURPOSE AND EFFECT: The State Fire Marshal’s office is updating all references to incorporated documents in Rule 69A-50.015, F.A.C., to reflect the most recent versions. Further, the rule is being amended to make editorial changes and provide an internet address for the adopted federal regulation.

SUMMARY: This rulemaking adopts the current version of Form DFS-K3-362 and the applicable federal regulation.

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 rule amendments do not impose any costs. The Division of State Fire Marshal conducted an analysis of the proposed rule’s potential economic impact and determined that the impact does not exceed any of the criteria established in subsection 120.541(1), F.S., and the rule amendment therefore does not require legislative ratification pursuant to subsection 120.541(3), F.S.

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: 624.308(1), 791.013(1), (3) FS.

LAW IMPLEMENTED: 791.01, 791.013, 791.015, 791.02, 791.04 FS.

IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE HELD AT THE DATE, TIME AND PLACE SHOWN BELOW (IF NOT REQUESTED, THIS HEARING WILL NOT BE HELD):

DATE AND TIME: Tuesday, September 1, 2015, 9:15 a.m. or at the conclusion of the Rule Chapter 69A-41, F.A.C. hearing

PLACE: 142 Larson Building, 200 East Gaines Street, Tallahassee, Florida

Pursuant to the provisions of the Americans with Disabilities Act, any person requiring special accommodations to participate in this workshop/meeting is asked to advise the agency at least 5 days before the workshop/meeting by contacting: Casia Sinco, [phone] or [e-mail]. If you are hearing or speech impaired, please contact the agency using the Florida Relay Service, 1(800)955-8771 (TDD) or 1(800)955-8770 (Voice).

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Casia Sinco, Chief, Bureau of Fire Prevention, Division of State Fire Marshal, Department of Financial Services, 200 East Gaines Street, Tallahassee, Florida 32399-0342, phone: [phone] or [e-mail]

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

69A-50.015 Submission Procedures.

(1) The submission procedures outlined in this rule apply to those persons submitting product samples to the division for testing to determine whether those products meet the definition of sparklers as set out in subsection Section 791.01(8), F.S. Products to be sold as sparklers shall be tested and approved by the division before they are legal for sale. It is not necessary for each person wishing to sell a particular item to submit that item personally. Rather, it is only necessary that the particular item be submitted by someone for testing. Processing of the submitted product samples is subject to the provisions of Chapter 120, F.S., including Section 120.60, F.S.

(2) Five (5) samples of each product shall be submitted for testing. The State Fire Marshal, however, reserves the right to request additional samples up to a maximum of ten (10), if needed, to determine whether the product conforms to the standards set forth in Section 791.01, F.S. Samples shall be accompanied by Form DFS-K3-362 DI4-362, entitled “Request for Sparkler Analysis,” revised _____ and dated 9/93, which is hereby adopted and incorporated by reference. Copies of Form DFS-K3-362 DI4-362 are available from the Bureau of Fire and Arson Investigations, 200 East Gaines Street, Tallahassee, Florida 32399-0300. The “Request for Sparkler Analysis” form shall be accurately completed. The form shall be accompanied by a letter of approval issued by the United States Department of Transportation with an identifying “Ex” number on the product and a chemical composition laboratory report issued in compliance with 49 CFR the C.F.R. 49, Parts 100-177, October 1, 2014 1992 Edition, which is hereby adopted and incorporated by reference, and available from the internet at http://www.gpo.gov/fdsys/pkg/CFR-2014-title49-vol2/pdf/CFR-2014-title49-vol2.pdf by a letter of approval issued by the United States Department of Transportation with an identifying “Ex” number for each product.

(3) Samples of products submitted for analysis shall be sent prepaid to: Bureau of Forensic Fire and Explosives Analysis, 38 Academy Drive, Havana, Florida 32333.

(a) Each shipping container shall include an accurately completed Form DFS-K3-362 DI4-362, as incorporated in subsection 69A-50.015(2), F.A.C., listing each sample product within the container. Each sample listed on the Form DFS-K3-362 Form DI4-362 shall contain the name of the sample product as printed on the product.

(b) A chemical composition laboratory report issued in compliance with 49 CFR the C.F.R. 49, Parts 100-177, current 1992 Edition edition adopted in subsection 69A-50.015(2), F.A.C., and a letter of approval issued by the United States Department of Transportation with an identifying “Ex” number shall be attached to the Form DFS-K3-362 DI4-362 for each sample product in the shipping container.

(c) No change.

(4) No change.

(5) A shipping container of sample products shall be returned to the sender post-collect or freight-collect and will not be tested for approval if any of the following occur:

(a) The Form DFS-K3-362 DI4-362 “Request for Sparkler Analysis” is not accurately completed for each sample product submitted in a shipping container.

(b) A chemical composition laboratory report issued in compliance with 49 CFR the C.F.R. 49, Parts 100-177, current 1992 Edition edition adopted in subsection 69A-50.015(2), F.A.C., and a letter of approval issued by the United States Department of Transportation with an identifying “Ex” number does not accompany the Form DFS-K3-362 DI4-362 for each sample product in the shipping container.

(c) through (e) No change.

(6) No change.

Rulemaking Specific Authority 624.308(1), 791.013(1), (3) FS. Law Implemented 791.01, 791.013, 791.015, 791.02, 791.04 FS. History–New 6-1-88, Amended 7-29-90, 10-20-93, Formerly 4A-50.015, Amended____________.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Casia Sinco, Chief, Bureau of Fire Prevention, Division of State Fire Marshal, Department of Financial Services

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Jeff Atwater, Chief Financial Officer, Department of Financial Services

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: July 30, 2015

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: June 16, 2015