The purpose of this rulemaking is to amend the rule chapter to comply with statutory language, repeal unnecessary rules, update incorporated forms, and amend the rule chapter with general updates.

Notice of Proposed Rule

 

DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES

Division of Consumer Services

RULE NOS.:RULE TITLES:

5J-20.001Definitions

5J-20.002Standards of National Fire Protection Association Adopted

5J-20.004Liquefied Petroleum Gas Forms

5J-20.012Installer Licenses

5J-20.013Minimum Storage as Relates to Liquefied Petroleum Gas

5J-20.021Testing and Repairing Containers

5J-20.022Marking of Containers; Posting of Owner Contact Information at Dealer Locations

5J-20.023Manufacturer's Data Sheets Covering ASME Tasks

5J-20.025Color Scheme for Piping Identification

5J-20.026Unsafe Container or System

5J-20.027Approval of Liquefied Petroleum Gas Containers

5J-20.028Installation of Containers on Roofs of Buildings

5J-20.029Inspection of DOT Cylinders

5J-20.033Truck Safety; Regulations

5J-20.041Underground Installations

5J-20.042Underground Tanks; Regulators

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

5J-20.046Introducing Gas into Containers for Transportation; Dealer to Insure Compliance

5J-20.047Connecting or Disconnecting Containers of Systems; Notice to Owner; Transportation

5J-20.049Use of Liquefied Petroleum Gas Limited

5J-20.050Installation of Unvented Room Heaters

5J-20.051Construction Notification

5J-20.060Documentation of Training, General

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

5J-20.062Approved Courses of Continuing Education

5J-20.063Approval of Outside Vendor Training Programs

5J-20.064Renewal of Qualifier and Master Qualifier Certificates

5J-20.065Re-examination Procedures

5J-20.066Reporting of Qualifier and Master Qualifier Vacancies

5J-20.072Payment of Assessments; Penalties

5J-20.073Payment Agreements; Purchaser Responsibilities

5J-20.078Facility Inspection Report; Vehicle Inspection Report; Notice of Required Correction; Failure to Correct

5J-20.080Enforcement Actions and Administrative Penalties

5J-20.082Resolution of Violations, Settlement, and Additional Enforcement Remedies

PURPOSE AND EFFECT: The purpose of this rulemaking is to amend the rule chapter to comply with statutory language, repeal unnecessary rules, update incorporated forms, and amend the rule chapter with general updates.

SUMMARY: Significant changes were made to Chapter 527, Florida Statutes during the 2018 legislative session. The proposed rules are being amended to repeal redundant, unnecessary rules; update incorporated forms; eliminate forms that are no longer necessary; clarify vague definitions; clarify that department inspectors will no longer use a “Red Tag” to prohibit use, but Stop Use Orders consistent with other bureau programs; update incorporated forms and standards references; clarify the type of leak survey required for underground tanks, remove unnecessary common use definition and remove exemptions for certain underground tanks defined by 49 CFR; add required user notification after a dealer repairs or alters a LP gas system in case indoor appliances have been affected posing a safety hazard; add Category II LP Gas Dispensers to filling restrictions for tanks that will be transported in a vehicle; update the requirements reducing the time tanks may stay at user location before removal due to safety concerns over unsecured tanks; clarify that LP is used as an industrial refrigerant as a more efficient alternative but is no longer used in mobile AC applications; add signature requirement on CEU training class attendance sheets as certification of attendance; amend examination and testing rules to implement statute and further define areas of competency that will be included in testing; limit repeat training classes for CEU credit to ensure a variety of training is received; amend the outside vendor training program rules to add a required annual review and expiration date to CEU course approval to keep curriculum current; amend the title of rule 5J-20.078 and clarify that inspection reports will not be forms as in other bureau programs; update penalty rules to be consistent with department standard and add notice of noncompliance in lieu of warning letter to reduce administrative procedures; and update resolution, settlement and remedies rules to meet current department standard.

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 of potential regulatory costs of the proposed rule did not exceed any of the criteria established in Section 120.541(2)(a), Florida Statutes. The proposed rules are being amended to comply with statutory changes, repeal unnecessary rules, update incorporated forms and provide general updates. There are no regulatory costs associated with these rule changes. No interested party submitted additional information regarding the economic impact.

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

RULEMAKING AUTHORITY: 120.569, 527.02(2), (4), (4)(c), 527.0201, 527.055, 527.06, 527.23(13), 570.07(23) FS.

LAW IMPLEMENTED: 119.074(4)(c), 527.01(11), 527.02, (2), (4), (4)(c), 527.0201, (6), 527.021, 527.03, 527.04, 527.055, 527.06, 527.0605, 527.061, 527.062, 527.07, 527.08, 527.09, 527.10, 527.11, 527.12, 527.13, 527.14, 527.23(9), (12) FS.

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

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Harold Prince, Chief, Bureau of Standards, 3125 Conner Blvd., Bldg. #2, Tallahassee, FL 32399 [phone].

THE FULL TEXT OF THE PROPOSED RULE IS:

 

5J-20.001 Definitions.

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, 7-28-14, Formerly 5F-11.001, Repealed          .

 

5J-20.002 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, 2017 Edition, for gas appliances and gas piping as published in NFPA 54, National Fuel Gas Code, 2015 Edition, and for emergency power supply as published in NFPA 110, Standard for Emergency and Standby Power Systems, 2016 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, 2017 Edition, and the National Fuel Gas Code Handbook, NFPA 54, 2015 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, NFPA 54, and NFPA 110 in these rules shall be to the most recent edition as adopted herein. The section 6.8.7 of NFPA 58, 2017 Edition, titled “Installation of Containers on Roofs of Buildings,” is hereby excluded from adoption. The section 7.1.6.2 of NFPA 54, 2015 Edition, titled “Conduit with Both Ends Terminating Indoors” is hereby excluded from adoption.

(2) “NFPA” is the recognized abbreviation for the National Fire Protection Association, Inc., and generally the abbreviation is used in these rules in identifying the publications of the association, which are copyrighted. It would be a violation of federal copyright law to post the materials incorporated in this rule on the Internet for public viewing. Accordingly, the public may obtain a copy of any NFPA publication by writing the association, whose address is: National Fire Protection Association, Inc., 1 Batterymarch Park, Quincy, Massachusetts 02269, or at http://www.nfpa.org. In addition, copies of the incorporated materials are available for viewing during regular business hours at the Florida Department of Agriculture and Consumer Services, Division of Consumer Services, Liquefied Petroleum Gas Program offices located at 2005 Apalachee Parkway, Tallahassee, Florida 32399-6500.

Rulemaking Authority 527.06, 570.07(23) 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, 12-9-14, Formerly 5F-11.002, Amended 5-25-15, 6-28-17,              .

 

5J-20.004 Liquefied Petroleum Gas Forms.

The following documents are hereby incorporated by reference and may be obtained from the Division of Consumer Services, 2005 Apalachee Parkway, Tallahassee, FL 32399-6500 or online as indicated.

(1) Pursuant to section 527.02(3)(b), F.S., the following persons are eligible for a waiver of the initial registration fee: aAn honorably discharged veteran of the United States Armed Forces, the spouse or surviving spouse of such a veteran, a current member of the United States Armed Forces who has served on active duty, the spouse of such a member, the surviving spouse of a member if the member died while serving on active duty, or a business entity that has a majority ownership held by such a veteran or spouse or surviving spouse. requesting a waiver of the initial registration fee Ppursuant to section 527.02(3)(c)(b), F.S., the following persons are eligible for a waiver of the renewal registration fee: an active duty member of the United States Armed Forces or the spouse of such member, a member who served on active duty within the 2 years preceding the renewal date, an honorably discharged veteran of the United States Armed Forces who served on active duty within the 2 years preceding the renewal date, or the surviving spouse of a member if the member was serving on active duty at the time of death and died within the 2 years preceding the date of renewal. Persons seeking a fee waiver shall submit complete FDACS-10991, Military Veteran Fee Waiver Request, 10/18 07/17, incorporated by reference in rule 5J-26.001, F.A.C., An applicant requesting a fee waiver shall submit a completed Military Veteran Fee Waiver Request and provide all required supporting documentation at the time the applicant submits a license application.

(2) FDACS-03578 LP Gas Category I Dealer License Application, 02/19, http://www.flrules.org/Gateway/reference.asp?No=Ref-       FDACS-03501 (02/14), Category I Liquefied Petroleum Gas Dealer (0601) License Renewal Application, http://www.flrules.org/Gateway/reference.asp?No=Ref-       04243.

(3) FDACS-03579 LP Gas Category II Dispenser License Application, 02/19, http://www.flrules.org/Gateway/reference.asp?No=Ref-           FDACS-03504 (05/18), LP Gas Examination Scheduling Request, http://www.flrules.org/Gateway/reference.asp?No=Ref-09494.

(4) FDACS-03580 LP Gas Category III Cylinder Exchange Operator License Application, 02/19, http://www.flrules.org/Gateway/reference.asp?No=Ref-            FDACS-03505 (11/12), Minimum Storage, http://www.flrules.org/Gateway/reference.asp?No=Ref-04245.

(5) FDACS-03581 LP Gas Category IV Dealer in Appliances and Equipment License Application, 02/19, http://www.flrules.org/Gateway/reference.asp?No=Ref-             FDACS-03506 (02/14), Liquefied Petroleum Gas Installer B (0407) License Application, http://www.flrules.org/Gateway/reference.asp?No=Ref-04246.

(6) FDACS-03582 LP Gas Category V Installer License Application, 02/19, http://www.flrules.org/Gateway/reference.asp?No=Ref-         FDACS-03507 (04/14), Category III Liquefied Petroleum Gas Cylinder Exchange Operator (0404) License Application, http://www.flrules.org/Gateway/reference.asp?No=Ref-04247.

(7) FDACS-03583 LP Gas Category VI Miscellaneous Operator License Application, 02/19, http://www.flrules.org/Gateway/reference.asp?No=Ref-        FDACS-03508 (02/14), Manufacturer of Liquefied Petroleum Gas Appliances and Equipment (0402) License Application, http://www.flrules.org/Gateway/reference.asp?No=Ref-04248.

(8) FDACS-03584 LP Gas Qualifier and Master Qualifier Registration Application, 02/19, http://www.flrules.org/Gateway/reference.asp?No=Ref-        FDACS-03509 (02/14), Liquefied Petroleum Gas Installer C (0408) License Application, http://www.flrules.org/Gateway/reference.asp?No=Ref-04249.

(9) FDACS-03585 LP Gas Material Change and Duplicate Licenses Form, 02/19, http://www.flrules.org/Gateway/reference.asp?No=Ref-        FDACS-03510 (02/14), Requalifier of Cylinders (0409) License Application, http://www.flrules.org/Gateway/reference.asp?No=Ref-04250.

(10) FDACS-03586 LP Gas Continuing Education Course Approval Application, 02/19, http://www.flrules.org/Gateway/reference.asp?No=Ref-          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-04251.

(11) FDACS-03587, LP Gas Indemnity Bond, 02/19, http://www.flrules.org/Gateway/reference.asp?No=Ref-           FDACS-03512 (02/14), Category I Liquefied Petroleum Gas Dealer (0601) License Application, http://www.flrules.org/Gateway/reference.asp?No=Ref-04252.

(12) FDACS-03588, LP Gas Insurance Affidavit, 02/19, http://www.flrules.org/Gateway/reference.asp?No=Ref-       FDACS-03513 (04/14), Dealer in Appliances and Equipment for Use of Liquefied Petroleum Gas (0602) License Application, http://www.flrules.org/Gateway/reference.asp?No=Ref-04253.

(13) FDACS-03524, LP Gas Odorizers/Importers Quarterly Remittance Report, Rev. 10/18, http://www.flrules.org/Gateway/reference.asp?No=Ref-         FDACS-03514 (02/14), Liquefied Petroleum Gas Installer D (0603) License Application, http://www.flrules.org/Gateway/reference.asp?No=Ref-04254.

(14) FDACS-03536, LP Gas Category III Cylinder Exchange Operator (LX) License Renewal Coupon, Rev. 01/19, http://www.flrules.org/Gateway/reference.asp?No=Ref-            FDACS-03515 (02/14), Category II Liquefied Petroleum Gas Dispenser (0604) License Application, http://www.flrules.org/Gateway/reference.asp?No=Ref-04255.

(15) FDACS-03571, LP Gas Category IV Dealer in Appliances and Equipment (LA) License Renewal Coupon, Rev. 01/19, http://www.flrules.org/Gateway/reference.asp?No=Ref-              FDACS-03516 (02/14), Liquefied Petroleum Gas Installer A (0803) License Application, http://www.flrules.org/Gateway/reference.asp?No=Ref-04256.

(16) FDACS-03517 (04/14), Pipeline System Operator (0804) License Application, http://www.flrules.org/Gateway/reference.asp?No=Ref-04257.

(17) FDACS-03518 (02/13), Indemnity Bond ($300,000), http://www.flrules.org/Gateway/reference.asp?No=Ref-04258.

(18) FDACS-03519 (02/13), Indemnity Bond ($1,000,000), http://www.flrules.org/Gateway/reference.asp?No=Ref-04259.

(19) FDACS-03520 (04/14), Liquefied Petroleum Gas Insurance Affidavit Category III LP Gas Cylinder Exchange Operator, http://www.flrules.org/Gateway/reference.asp?No=Ref-04260.

(20) 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-04261.

(21) FDACS-03522 (02/14), Facility Inspection Report, http://www.flrules.org/Gateway/reference.asp?No=Ref-04268.

(22) FDACS-03523 (11/12), Vehicle Registration Form, http://www.flrules.org/Gateway/reference.asp?No=Ref-04269.

(23) FDACS-03524 (04/18), Odorizers/Importers Quarterly Remittance Report,  http://www.flrules.org/Gateway/reference.asp?No=Ref-09495.

(24) 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-04271.

(25) FDACS-03527 (02/14), Master Qualifier Declaration of Eligibility, http://www.flrules.org/Gateway/reference.asp?No=Ref-04273.

(26) FDACS-03528 (04/14), LP Gas Training Registration Form, http://www.flrules.org/Gateway/reference.asp?No=Ref-04274.

(27) FDACS-03529 (02/14), Vehicle Inspection Report, http://www.flrules.org/Gateway/reference.asp?No=Ref-04275.

(28) FDACS-03530 (02/14), LP Gas Installers (0603, 0605, 0606) License Renewal Application, http://www.flrules.org/Gateway/reference.asp?No=Ref-04276.

(29) FDACS-03531 (02/14), Liquefied Petroleum Gas Installer E (0405) License Application, http://www.flrules.org/Gateway/reference.asp?No=Ref-04277.

(30) FDACS-03532 (04/14), Dealer in Appliances and Equipment for Use of Liquefied Petroleum Gas (0602) License Renewal Application, http://www.flrules.org/Gateway/reference.asp?No=Ref-04278.

(31) FDACS-03533 (04/14), Pipeline System Operator (0804) License Renewal Application, http://www.flrules.org/Gateway/reference.asp?No=Ref-04279.

(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-04280.

(33) FDACS-03536 (02/14), Category III LP Gas Cylinder Exchange Operator (0404) License Renewal Coupon, http://www.flrules.org/Gateway/reference.asp?No=Ref-04281.

(34) FDACS-03554 (02/14), Site Plan With Fee, https://www.flrules.org/Gateway/reference.asp?No=Ref-04282.

(35) FDACS-03555 (02/14), Qualifier/Master Qualifier Position Location Transfer Request, http://www.flrules.org/Gateway/reference.asp?No=Ref-04283.

(36) FDACS-03559 (04/14), Site Plan With No Fee, http://www.flrules.org/Gateway/reference.asp?No=Ref-04284.

(37) FDACS-03564 (02/14), Stop Use Order, http://www.flrules.org/Gateway/reference.asp?No=Ref-04286.

(38) FDACS-03565 (02/14), Liquefied Petroleum Gas Installer F (0406) License Application, http://www.flrules.org/Gateway/reference.asp?No=Ref-04287.

(39) FDACS-03566 (04/14), Category III LP Gas Cylinder Exchange Operator (0404) License Renewal Application, http://www.flrules.org/Gateway/reference.asp?No=Ref-04288.

(40) FDACS-03567 (02/14), LP Gas Dispensers (0409, 0411, 0604) License Renewal Application, http://www.flrules.org/Gateway/reference.asp?No=Ref-04289.

(41) FDACS-03568 (02/14), LP Gas Installer (0405, 0406, 0407, 0408, 0803) License Renewal Application, http://www.flrules.org/Gateway/reference.asp?No=Ref-04290.

(42) FDACS-03569 (02/14), Qualifier/Master Qualifier LP Gas Dealer (0601) Renewal Application, http://www.flrules.org/Gateway/reference.asp?No=Ref-04291.

(43) FDACS-03570 (02/14), Qualifier LP Gas Installer (0803) Renewal Application, http://www.flrules.org/Gateway/reference.asp?No=Ref-04292.

(44) FDACS-03571 (04/14), Dealer in Appliances and Equipment for Use of Liquefied Petroleum Gas (0602) License Renewal Coupon, http://www.flrules.org/Gateway/reference.asp?No=Ref-     04293.

(45) FDACS-03572 (02/14), Qualifier/Master Qualifier LP Gas Installer (0803) Renewal Application, http://www.flrules.org/Gateway/reference.asp?No=Ref-04294.

(46) FDACS-03573 (02/14), Qualifier LP Gas Dealer (0601) Renewal Application, http://www.flrules.org/Gateway/reference.asp?No=Ref-04295.

(47) 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-04296.

Rulemaking Authority 527.0201, 527.06, 570.07(23) FS. Law Implemented 119.07(4)(c), 527.02, 527.0201, 527.021, 527.03, 527.04, 527.055, 527.06, 527.0605, 527.061, 527.11 FS. History–New 6-8-88, Amended 2-5-91, 3-18-92, Formerly 4B-1.034, Amended 7-20-95, 6-8-99, 7-28-14, Formerly 5F-11.004, Amended 6-28-17, 6-27-18,            .

 

5J-20.012 Installer Licenses.

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, 7-28-14, Formerly 5F-11.012, Repealed        .

 

5J-20.013 Minimum Storage as Relates to Liquefied Petroleum Gas.

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, 7-28-14, Formerly 5F-11.013, Repealed           .

 

5J-20.021 Testing and Repairing Containers.

Rulemaking Authority 527.06 FS. Law Implemented 527.06 FS. History–New 8-7-80, Formerly 4A-1.06, 4B-1.06, 4B-1.006, 5F-11.021, Repealed          .

 

5J-20.022 Marking of Containers; Posting of Owner Contact Information at Dealer Locations.

(1) All dealer-owned containers, aboveground or underground, installed at consumer locations shall be marked in a legible manner with the name and telephone number of the owner by decal, tag, stencil, or similar marking.

(2) Containers gained through acquisition shall be marked as soon as reasonably possible, but no later than 30 days 24 months after acquisition.

(3) Failure to mark dealer-owned containers as prescribed in this rule shall result in the imposition of administrative penalties as provided in rule 5J-20.080, F.A.C.

(3)(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'' inches 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, 4B-1.12, 4B-1.012, Amended 3-15-94, 7-28-14, Formerly 5F-11.022, Amended           .

 

5J-20.023 Manufacturer’s Data Sheets Covering ASME Tanks.

Rulemaking Authority 527.06 FS. Law Implemented 527.06 FS. History–New 8-7-80, Formerly 4A-1.20, 4B-1.15, 4B-1.015, Amended 7-20-95, 4-30-96, Formerly 5F-11.023, Repealed           .

 

5J-20.025 Color Scheme for Piping Identification.

(1) All bulk and Category II dispenser storage plant liquid liquefied petroleum gas valves and all piping, fittings and pipe coverings within thirty (30'') inches of such valves shall be painted red; and all bulk and Category II dispenser storage plant vapor liquefied petroleum gas valves and all piping, fittings and pipe coverings within thirty (30'') inches of such valves shall be painted yellow. Where the piping handles liquefied petroleum gas other than propane, the same color coding is to be used and each of the aforestated colors shall be striped with a white stripe – minimum 3/4'' inches wide, maximum 1-1/2'' inches wide with not more than three (3'') inches and not less than two (2'') inches separation between such stripes.

(2) Color used on the remainder of the liquid piping shall show contrast to red and shall not be yellow.

(3) Color used on the remainder of the vapor piping shall show contrast to yellow and shall not be red.

(4) In the absence of local coloring codes to the contrary, all water valves and all piping and fittings within thirty (30'') inches of such valves located in the liquefied petroleum gas bulk plants shall be colored blue. The remaining piping shall show contrast to blue and shall not be red or yellow.

Rulemaking Authority 527.06 FS. Law Implemented 527.06 FS. History–New 8-7-80, Formerly 4A-1.21, 4B-1.16, 4B-1.016, 5F-11.025.

 

5J-20.026 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 staff by means of issuance attachment of FDACS-10988 FDACS-03564 (02/14), Stop Use Order, Rev. 02/17, as incorporated by reference in rule 5J-22.002 5J-20.004, F.A.C., to the operator of the system or container, also referred to as a “red tag.” Each red tag shall identify the container or system and indicate the inspector’s name and the date of inspection.

(2)(b) Containers or systems under stop use order red-tagged shall not continue in service until all violations have been corrected and the Stop Use Order is removed by department staff by means of issuance of FDACS-03209,  Release, Rev. 02/17, as incorporated by reference in rule 5J-22.002, F.A.C.

(2) The owner of any container or system red-tagged will be notified immediately by the department and furnished a copy of the inspection report identifying the violations found.

(3)(a) A red tag placed on a system or container shall not be removed until all violations have been corrected and the department 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 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 5J-20.080, 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, 7-28-14, Formerly 5F-11.026, Amended           .

 

5J-20.027 Approval of Liquefied Petroleum Gas Containers.

Rulemaking Authority 527.06 FS. Law Implemented 527.06 FS. History–New 6-5-97, Amended 1-29-06, 8-2-07, Formerly 5F-11.027, Repealed          .

 

5J-20.028 Installation of Containers on Roofs of Buildings.

Installation of containers on roofs of buildings as referenced in NFPA 58, Section 6.8.7, as incorporated by reference in rule 5J-20.002, F.A.C., 6.6.7 is prohibited.

Rulemaking Authority 527.06 FS. Law Implemented 527.06, 527.062 FS. History–New 6-8-99, Amended 5-23-00, 9-2-02, 1-29-06, Formerly 5F-11.028, Amended            .

 

5J-20.029 Inspection of DOT Cylinders.

Rulemaking Authority 527.06 FS. Law Implemented 527.06 FS. History–New 5-9-04, Amended 1-29-06, 7-28-14, Formerly 5F-11.029, Repealed          .

 

5J-20.033 Truck Safety; Regulations.

Rulemaking Authority 527.06, 570.07(23) FS. Law Implemented 527.06 FS. History–New 6-8-88, Formerly 4B-1.033, Amended 3-15-94, Formerly 5F-11.033, Amended 6-28-17, Repealed              .

 

5J-20.041 Underground Installations.

(1) At intervals not to exceed 60 months, all licensed suppliers of LP gas shall perform bar probe leak surveys utilizing a combustible gas indicator (CGI) meter or equivalent testing procedures guaranteeing the same level of safety on all underground installations for which they are the supplier (including but not limited to all storage containers, integral valves, and piping up to the inlet side of the second stage regulator) and which installations serve the following categories of facilities:

(a) Places of public assembly;

(b) Group living facilities;

(c) Health care facilities;

(d) Detention and correction facilities; and

(e) Industrial or commercial facilities.

(2) Educational facilities shall be bar probe leak surveyed upon any change of gas supplier and, or at intervals not to exceed 60 months when the supplier is contractually bound to serve the facility for the entire 60 month period.

(3) The supplier shall maintain records of these surveys at their local office of distribution and shall properly date-tag each LP gas system so surveyed.

(4) All underground storage containers that are not included in the requirements pursuant to of subsections (1) and (2) of this rule shall be visually inspected at the time of each fuel delivery. This inspection may be documented by a notation on the fuel delivery ticket or other form designated for this purpose by the gas supplier. Documentary proof of each inspection conducted pursuant to this subsection (4) shall be maintained by the gas supplier for a period of 12 months.

(5) The term “underground installation” for the purposes of this rule means any system where liquefied petroleum gas is provided to a consumer from an underground liquefied petroleum gas storage container.

(5)(6) This rule shall not apply to those underground installations already subject to the provisions of Parts 191 and 192, Title 49 of the Code of Federal Regulations.

Rulemaking Authority 527.06 FS. Law Implemented 527.06 FS. History–New 7-23-86, Amended 6-8-88, 8-9-92, Formerly 4B-1.027, Amended 11-6-95, 4-30-96, Formerly 5F-11.041, Amended              .

 

5J-20.042 Underground Tanks; Regulators.

Rulemaking Authority 527.06 FS. Law Implemented 527.06 FS. History–New 7-23-86, Amended 6-8-88, Formerly 4B-1.028, 5F-11.042, Repealed             .

 

5J-20.044 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 LP gas dealer shall:

(a) Close all container valves.

(b) If practical, Pphysically check all appliances and appliance outlets to be certain they are closed and check for evidence of appliance changes and open or uncapped lines.

(c) If the customer is not present or appliances are inaccessible, close container(s) valves and provide adequate written notice to the customer of the work done. Written notice shall be deemed adequate when it includes the name and phone number of the servicing company, a description of the work performed, a description of any unsafe conditions found, a telephone contact for restoration of service, and a statement warning against reactivation of service by unauthorized persons.

(d) Fill container(s) or replace safely with filled container(s).

(e) If access is possible, put all appliances back in service, making certain all pilots are properly lighted.

(2)(f) An LP gas serviceman may, subsequent to the filling of an LP gas container in an out-of-gas situation, perform the safety procedures required in paragraphs (1)(b), (c) and (e), above.

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

(a) Notify the user.

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

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

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

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

(a) Notify the user.

(b) If access is possible, put all appliances back in service, making certain all pilots are properly lighted.

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

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

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

Rulemaking Authority 527.06 FS. Law Implemented 527.06 FS. History–New 7-23-86, Amended 6-8-88, 2-6-90, 12-31-91, Formerly 4B-1.030, Amended 1-29-06, 7-28-14, Formerly 5F-11.044, Amended 6-27-18,                 .

 

5J-20.046 Introducing Gas into Containers for Transportation; Dealer to Insure Compliance.

No dealer or dispenser of in liquefied petroleum gas shall introduce liquefied petroleum gas into any container if such is to be transported in or on any vehicle unless the provisions of NFPA No. 58, Chapter 9, as incorporated by reference in rule 5J-20.002, F.A.C., are complied with. It shall be the responsibility of the dealer or dispenser to insure that the transportation of any such container brought to his premises and while upon or about his premises complies with the above stated regulations subsequent to filling.

Rulemaking Authority 527.06 FS. Law Implemented 527.06 FS. History–New 8-7-80, Formerly 4A-1.15, Amended 7-18-85, Formerly 4B-1.11, Amended 10-8-86, 2-6-90, Formerly 4B-1.011, Amended 1-29-06, Formerly 5F-11.046, Amended       .

 

5J-20.047 Connecting or Disconnecting Containers 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, 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 of the container or system prior to disconnecting or connecting such container or system. Due and sufficient notice shall be received by the owner at least two (2) working days prior to installing the container 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, email delivery confirmation, or facsimile transmission receipt. If, after two working days, the container 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, whether empty or full, upon the premises of a consumer, does so in a manner that renders the container tight with valves turned off, the container service valve plugged with brass or steel fittings, and all other container or system openings properly plugged. In addition, any container 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 5J-20.002, 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 5J-20.080, F.A.C.

(2)(3) In an out-of-gas situation and upon receiving authorization from the end user or owner of the container or system, the person, firm, or corporation may disconnect the container or system downstream of the system regulator or meter. A person, firm, or corporation who disconnects any container or system shall notify the owner of the container or system within 24 hours, followed by written notification within five (5) working days after said disconnect. Acceptable evidence of receipt of notification shall be a signed certified mail receipt, signed receipt of hand delivery, email delivery confirmation, or facsimile transmission receipt.

(3)(4) All disconnected container or systems must be timely removed from the premises of the consumer or end-user or must be timely and lawfully abandoned. Disconnected aboveground containers or systems and underground containers being stored above ground must be removed or lawfully abandoned within 5 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 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 5J-20.080, F.A.C.

(4)(6) Complaints from consumers, liquefied petroleum gas industry-members, agencies, or other entities concerning violations of this rule must be filed within 30 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 7-28-14, Formerly 5F-11.047, Amended          .

 

5J-20.049 Use of Liquefied Petroleum Gas Limited.

(1) No person, firm, or corporation shall use liquefied petroleum gas as a source of pressure in lieu of compressed air in operating emergency shut off valves, spray guns and other similar equipment.

(2)(a) The use, sale, and distribution of refrigerants containing liquefied petroleum gas is prohibited for use in mobile air conditioning systems.

(b) “Mobile air conditioning system” means mechanical vapor compression equipment which is used to cool the driver’s or passenger compartment of any motor vehicle.

Rulemaking Authority 527.06 FS. Law Implemented 527.06 FS. History–New 8-7-80, Formerly 4A-1.04, Amended 7-18-85, Formerly 4B-1.04, Amended 2-15-94, Formerly 4B-1.004, 5F-11.049, Amended          .

 

5J-20.050 Installation of Unvented Room Heaters.

Rulemaking Authority 527.06 FS. Law Implemented 527.06 FS. History–New 1-24-95, Amended 1-29-06, 8-2-07, Formerly 5F-11.050, Amended 6-27-18, Repealed         .

 

5J-20.051 Construction Notification.

Rulemaking Authority 527.06 FS. Law Implemented 527.06 FS. History–New 4-30-96, Formerly 5F-11.051, Repealed          .

 

5J-20.060 Documentation of Training, General.

(1) Documentation of employee training, as required in NFPA 58, incorporated adopted in rule 5J-20.002, F.A.C., shall include the following:

(a) Employee’s nName and signature;

(b) Employee’s primary job responsibilities and duties;

(c) Date of completed employee training;

(d) Description, copy or location of the materials used to conduct the training, including the topics covered by the training;

(e) Name, address and phone number of the person or organization conducting the training;

(f) Signature of employee supervisor or trainer verifying training and evaluation.

(2) Documentation shall be maintained at the employee’s place of business and shall be available for inspection by the department bureau upon request.

Rulemaking Authority 527.02(4), 527.0201, 527.06 FS. Law Implemented 527.02(4), 527.0201, 527.055, 527.06 FS. History–New 1-15-02, Amended 7-28-14, Formerly 5F-11.060, Amended           .

 

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

(1) Applicants for examination for competency must submit FDACS-03584 LP Gas Qualifier and Master Qualifier Registration Application, 02/19 FDACS-03504 (05/18), LP Gas Examination Scheduling Request, as incorporated by reference in rule 5J-20.004, F.A.C., along with the required non-refundable examination fee set forth in section 527.0201(1) or 527.0201(5)(a), F.S. Applicants will be scheduled for the next-available examination administration at the site designated by the applicant on this form.

(2) Testing Requirements – Areas of competency

(a) Qualifiers

1. All registrants for a Category I Qualifier designation shall be tested on the properties and characteristics, transportation, liquid transfer, service/installation, and bulk plant operation/distribution of liquefied petroleum gas as well as the LP gas laws, rules, and regulations as specified in chapter 527, F.S. and this rule chapter.

2. All registrants for a Category II Qualifier designation shall be tested on the properties and characteristics, inspection of cylinders/containers/valves, liquid transfer, transportation of cylinders/containers, and safety of liquefied petroleum gas as well as the LP gas laws, rules, and regulations specified in chapter 527, F.S. and this rule chapter.

3. All registrants for a Category V qualifier designation shall be tested on the properties and characteristics, inspection of cylinders/containers/valves, liquid transfer, safety, service and installation of liquefied petroleum gas as well as the LP gas laws, rules, and regulations specified in chapter 527, F.S. and this rule chapter.

(b) Master Qualifiers

1. All registrants for a Category I Master Qualifier designation shall be tested on the properties and characteristics, transportation, liquid transfer, service/installation, and bulk plant operation/distribution of liquefied petroleum gas as well as the LP gas laws, rules, and regulations specified in chapter 527, F.S. and this rule chapter.

2. All registrants for a Category V Master Qualifier designation shall be tested on the properties and characteristics, inspection of cylinders/containers/valves, liquid transfer, safety, service and installation of liquefied petroleum gas as well as the LP gas laws, rules, and regulations specified in chapter 527, F.S. and this rule chapter.

(3) All areas of competency as described in subsection (2) above shall be given equal weight during grading of the examination. 

(4)(2) As evidence of reasonable competency and qualification, Master Qualifier applicants must be a Category I Liquefied Petroleum Gas Dealer or Category V LP Gas Installer Qqualifier respectively, and shall have a minimum of 3 one year’s verifiable experience in the liquefied petroleum gas industry within the ten (10) years immediately preceding submission of the application for Master Qualifier examination. Acceptable experience shall include work with a liquefied petroleum gas company where the applicant performed activities that fall within one or more of the following categories:

(a) Maintenance of gas facilities and equipment.

(b) Gas storage and distribution facility operations and safety.

(c) Gas transportation, delivery, product transfer.

(d) Gas tanks, cylinders and equipment.

(e) Gas liquid and vapor distribution systems and equipment.

(f) Gas equipment and appliance service, installation and repair.

(3) 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 Gas Dealer or LP Gas Installer in the state of Florida. Documentation shall be provided by submitting FDACS-03527 (02/14), Master Qualifier Declaration of Eligibility, as incorporated by reference in rule 5J-20.004, F.A.C., and shall include the following:

(a) Applicant’s Name;

(b) Mailing Address;

(c) Name and license number of employer, or date of application if pending;

(d) Statement of eligibility, signed by the applicant, as a supervisor, manager, owner, or other person primarily responsible for the daily operations of the licensee;

(e) Verification of employment with a licensed Category I Liquefied Petroleum Gas Dealer or LP Gas Installer; and,

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

Rulemaking Authority 527.0201, 527.06 FS. Law Implemented 527.0201, 527.055, 527.06 FS. History–New 1-15-02, Amended 7-28-14, Formerly 5F-11.061, Amended 6-27-18,               .

 

5J-20.062 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 Section 527.0201, F.S., for Category I, II and V Liquefied Petroleum Gas Dealer Qualifiers, LP Gas Installer Qualifiers, and Master Qualifiers:

(a) Inspections and maintenance of LP gas facilities and equipment.

(b) State and federal LP gas laws, rules and regulations, codes and standards.

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

(d) Gas storage and distribution facility operations and safety.

(e) Gas transportation and delivery.

(f) Gas liquid transfer.

(g) Gas tanks, cylinders and equipment.

(h) Gas liquid and vapor distribution systems and equipment.

(i) Gas equipment and appliance service, installation and repair.

(2) Sixteen hours of continuing education during the three-year period must be attained in order for the Qqualifier or Mmaster Qqualifier to renew certification. Continuing education credits will be granted on an hour-for-hour basis for up to four (4) hours credit per class. For each 3 year period16 hours of continuing education credits, a minimum of two hours shall be from items (a), (b) or (c) in subsection (1) above.

(3) Continuing education classes provided by the employer shall be documented as outlined in rule 5J-20.060, F.A.C., and records shall be maintained for a period of three years at the employee’s work location. These records shall be available for inspection by the department bureau upon request.

(4) No more than two approved courses per topic as listed in subsection (1) shall be accepted in order to meet the 16 hour requirement.

(5) No more than four credit hours shall be accepted for safety related meetings that have not been approved pursuant to rule 5J-20.063, F.A.C.

Rulemaking Authority 527.0201, 527.06 FS. Law Implemented 527.0201, 527.055, 527.06 FS. History–New 1-15-02, Amended 7-28-14, Formerly 5F-11.062, Amended         .

 

5J-20.063 Approval of Outside Vendor Training Programs.

(1) Outside vendors providing training to industry personnel for the purposes of continuing education credits shall submit FDACS–03586, LP Gas Continuing Education Course Approval Application,  02/19, as incorporated by reference in rule 5J-20.004, F.A.C. the following documentation to the bureau for review and approval.:

(a) Name and qualifications of each instructor.

(b) Course Title as it is to appear on any advertisements or in internal company records.

(c) Course Time Table, which outlines the approximate schedule for the course, specifying the total number of training hours for the course.

(d) Course Description, which shall relate to the inspection and technical skills required for students and meet the criteria set forth in rule 5J-20.062, F.A.C.

(e) Course Objectives and Goals, which clearly and specifically state what skills or knowledge the applicants should be able to demonstrate when the course is successfully completed.

(f) Method of Course Presentation, which shall describe how the content will be presented, such as lecture, discussion, multimedia presentations, computer based training, or other specified methods.

(g) Method of Evaluation of Course Participants, which shall specify how students will be evaluated, such as written examination, demonstration of skills, observation, or other specified method.

(h) Topical Outline of the Course, which indicates the order in which the course subject matter will be presented to the course participants.

(i) A copy of course materials to be used during training.

(2) Courses which fail to meet the criteria of chapter 527, F.S, or this rule will not be approved by the department and section shall not be eligible for continuing education credits.

(3) The outside vendor shall review the course content annually and immediately notify the department bureau of any revisions to course materials or documents and shall provide copies of such revisions or documents to the department bureau for review.

(4) The approval for such courses will expire five years from the approval date. Courses must be reapproved in order to be eligible for continuing education credits.

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, Formerly 5F-11.063, Amended          .

 

5J-20.064 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 Qqualifiers and Master Qualifiers shall submit a renewal fee, registration renewal application and documentation of a minimum of 16 continuing education hours using FDACS–03584, LP Gas Qualifier and Master Qualifier Registration Application, 02/19, 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 5J-20.004, F.A.C.; FDACS-03572 (02/14), Qualifier/Master Qualifier LP Gas Installer (0803) Renewal Application, as incorporated by reference in rule 5J-20.004, F.A.C.; FDACS-03573 (02/14), Qualifier LP Gas Dealer (0601) Renewal Application, as incorporated by reference in rule 5J-20.004, F.A.C.; or FDACS-03570 (02/14), Qualifier LP Gas Installer (0803) Renewal Application, as incorporated by reference in rule 5J-20.004, F.A.C. The renewal fee, as prescribed in section 527.0201, 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), entitled Master Qualifier Declaration of Eligibility, as incorporated by reference in rule 5J-20.004, F.A.C., as a manager, owner, or person otherwise primarily responsible for overseeing the operations of the licensed location.

(2) Master Qualifiers who wish to renew their qualification but who are not the designated Master Qualifier for a license holder or license applicant, may renew their qualification and maintain the qualification on inactive status.

Rulemaking Authority 527.0201, 527.055, 527.06 FS. Law Implemented 527.0201, 527.055, 527.06 FS. History–New 1-15-02, Amended 7-28-14, Formerly 5F-11.064, Amended          .

 

5J-20.065 Re-examination Procedures.

An applicant who fails any part of an examination is eligible to be re-examined on those parts failed. The applicant must submit FDACS–03584, LP Gas Qualifier and Master Qualifier Registration Application, 02/19 FDACS-03504 (05/18), LP Gas Examination Scheduling Request, as incorporated by reference in rule 5J-20.004, F.A.C., and the applicable non-refundable examination fee as set forth in either sections 527.0201(1) or 527.0201(5)(a), F.S., for the type of examination being taken. Re-examinations must be completed within 90 calendar days of the original examination; however, no examinee is permitted to retake the failed examination more than two times within the 90-day period. If the applicant does not successfully complete and obtain a passing grade on the examination re-take within the 90-day period, the examinee shall be given a failing grade. After a 30-day period, the applicant must reapply to retake the entire examination by submitting FDACS-03504 (05/18), LP Gas Examination Scheduling Request, as incorporated by reference in rule 5J-20.004, F.A.C., along with the required non-refundable examination fee referenced above.

Rulemaking Authority 527.055, 527.06 FS. Law Implemented 527.0201, 527.055, 527.06 FS. History–New 1-15-02, Amended 7-28-14, Formerly 5F-11.065, Amended 6-27-18,           .

 

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

For purposes of Section 527.0201(6), F.S., vacancies in a Qualifier or Master Qualifier position resulting from the departure of the Qualifier or Master Qualifier shall be reported to the department in writing by the Qualifier or Master Qualifier and the licensed company no later than two working days following the day on which the Qualifier or Master Qualifier departed from, or was no longer working at or associated with, the licensed business location. Such notice shall be submitted to the Division of Consumer Services by mail to the Department of Agriculture and Consumer Services, 2005 Apalachee Parkway, Mail Stop R-8, Tallahassee, Florida 32399-6500, by email at [e-mail], or by facsimile transmission at the following fax number: [phone] 921-1612. Qualifiers and Master Qualifiers transferring to another licensed business location shall notify the Division of Consumer Services of the transfer by submitting FDACS-03585, LP Gas Material Change and Duplicate Licenses Form, 02/19 FDACS-03555 (02/14), Qualifier/Master Qualifier Position Location Transfer Request, as incorporated by reference in rule 5J-20.004, F.A.C.

Rulemaking Authority 527.06 FS. Law Implemented 527.0201(6), 527.055, 527.06 FS. History–New 7-28-14, Formerly 5F-11.066, Amended 6-27-18,            .

 

5J-20.072 Payment of Assessments; Penalties.

(1) Payment of the quarterly assessment shall be based on the odorized gallonage sold or imported into Florida during the quarter. Each producer or marketer shall certify to the department the volume of each load of propane gas sold or imported at the end of each quarter. The volume of propane gas sold for export outside the state shall also be certified to the department for audit purposes only. The amount of the quarterly assessment to be paid and certification of load volume shall be provided on form FDACS-03524 (04/18), LP Gas Odorizers/Importers Quarterly Remittance Report, Rev. 10/18, as incorporated by reference in rule 5J-20.004, F.A.C.

(2) Assessment payments and the completed LP Gas Odorizers/Importers Quarterly Remittance Report must be received by the department no later than 45 calendar days after the end of each quarter. If the 45th day falls on a Saturday, Sunday or legal holiday, payments received on the first following business day shall not be considered late.

(3) No change.

Rulemaking Authority 527.23(13) FS. Law Implemented 527.12, 527.13, 527.23(9), (12) FS. History–New 7-8-98, Amended 1-1-14, Formerly 5F-11.072, Amended 6-27-18,               .

 

5J-20.073 Payment Agreements; Purchaser Responsibilities.

Rulemaking Authority 527.23(13) FS. Law Implemented 527.23(12) FS. History–New 7-8-98, Formerly 5F-11.073, Repealed           .

 

5J-20.078 Inspection Identification Stickers 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 5J-20.004, F.A.C., or FDACS-03529 (02/14), Vehicle Inspection Report, as incorporated by reference in rule 5J-20.004, 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 section 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 5J-20.080, 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 5J-20.004, F.A.C., or FDACS-03529 (02/14), Vehicle Inspection Report, as incorporated by reference in rule 5J-20.004, 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 5J-20.004, F.A.C., or FDACS-03529 (02/14), Vehicle Inspection Report, as incorporated by reference in rule 5J-20.004, 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 5J-20.080, 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 section 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 7-28-14, Formerly 5F-11.078, Amended         .

 

5J-20.080 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 sections 527.13 and 527.14, F.S. The purpose of the guidelines is to give notice of the range of penalties which 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 or administrative penalty 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, notice of noncompliance, a stop use order (red-tag), and/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 5J-20.002, F.A.C.

(3) Stop Use Orders. The department shall issue a FDACS-­10988, 03564 (02/14), Stop Use Order, Rev. 02/17, as incorporated by reference in rule 5J-22.002 5J-20.004, 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 5J-20.002, 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, as defined in paragraph (5)(a) of this rule, shall warrant the adjustment of the fine upward from $500 to $1,000 per violation per aggravating factor and mitigating factors, as defined in paragraph (5)(b) of this rule, shall warrant the adjustment of the fine downward from $500 to $1,000 per violation per mitigating factor. 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 section 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 Tier I minor violation or a Tier II major violation as described in paragraphs 5J-20.080(9)(a) (10)(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.

3.4. The violation occurred for more than 24 hours with the violator’s knowledge.

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

5.6. Previous disciplinary actions within the preceding three years against the violator involving any violation of chapter 527, F.S. or rule chapter 5J-20, F.A.C.

6.7. The violator’s prior knowledge of chapter 527, F.S., and rule chapter 5J-20, F.A.C.

7.8. Whether tThe violation resulted from negligence or an intentional act.

8.9. The cost of the enforcement action.

9.10. 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 iIntentional actions of another party prevented the violator from complying with the applicable laws or rules.

3. Documented fFinancial hardship.

4. Acts of God or nature that impaired the ability of the violator to comply with chapter 527, F.S. or rule chapter 5J-20, F.A.C.

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

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

6.7. The disciplinary history contains no violations 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 provision 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.

(6)(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;

(c)(d) Minor corrosion issues; or

(d)(e) Accumulation or storage 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:

(e)(a) Conducting LP gas activities as defined in section 527.01, F.S., under the Category IV III, or Category VI, IV, Manufacturer of liquefied petroleum gas appliances and equipment, or Dealer in appliances and equipment for use of liquefied petroleum gas licensure categories without a license, 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 sections 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.

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

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

(9)(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 Tier I or Tier II“minor” or “major”.

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

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

2. Failure to timely notify the department of a loss of Qqualifier or Mmaster Qqualifier in violation of section 527.0201, F.S.

3. Connecting or disconnecting a container or system without due and sufficient notice as required under rule 5J-20.047, 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 5J-20.047, F.A.C.

5. Except as otherwise stated in paragraph (8)(e) (9)(a), above, conducting LP gas activities as defined in section 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 sections 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 Notice of Non-Compliance FDACS-03522 (02/14), Facility Inspection Report, as incorporated by reference in rule 5J-20.004, F.A.C., or FDACS-03529 (02/14), Vehicle Inspection Report, as incorporated by reference in rule 5J-20.004, 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, Qqualifier or Mmaster Qqualifier 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, as incorporated by reference adopted in rule 5J-20.002, F.A.C.:

a. Annual external visual and leak test;

b. Cargo 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 section 527.065(3), F.S.

12. Failure to timely notify the department of any accident meeting the criteria of section 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 section 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 section 527.0605, F.S.

15. Failure to inspect a stationary DOT cylinder as required by rule 5J-20.029, F.A.C.

14.16. 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 5J-20.002, F.A.C.

15.17. Continuing a cylinder in service with an expired requalification date or that fails to meet any 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 5J-20.002, F.A.C.

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

17.19. Failure to document any procedure or activity required to be documented by NFPA 58, as incorporated by reference in rule 5J-20.002, F.A.C., or this rule chapter.

18. Failure to notify the department of the completion of corrections issued in a Notice of Noncompliance.

19.20. Falsification of records related to corrections ordered by the department on a Notice of Noncompliance Unauthorized removal of a red tag, where the system or equipment was not utilized or operated after the red tag was initially applied.

(b) Tier II 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. Tier II 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 section 527.14, F.S., or any of the foregoing, as prescribed in section 527.13, F.S. The following violations shall be considered Tier II 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 $3,000 2,500.

4. Transportation of propane cylinders in violation of the requirements of NFPA 58, as incorporated by reference in rule 5J-20.002, F.A.C.

5. Knowingly or intentionally Cconducting 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 Cconducting 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 rules 5J-20.002 and 5J-20.044, 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 5J-20.002, 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 sections 527.065(4) and 527.065(5), F.S.

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

14. Failing to correct within designated timeframe thirty (30) days, any hazardous law, rule, or code deficiencies identified in a Notice of Noncompliance FDACS-03522 (02/14), Facility Inspection Report, as incorporated by reference in rule 5J-20.004, F.A.C., or FDACS-03529 (02/14), Vehicle Inspection Report, as incorporated by reference in rule 5J-20.004, F.A.C., and included in a notice of required correction.

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

Rulemaking Authority 120.695, 527.06 FS. Law Implemented 527.06, 527.12, 527.13, 527.14 FS. History–New 7-28-14, Formerly 5F-11.080, Amended 6-27-18,              .

 

5J-20.082 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 section 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 chapters 120 or 527, F.S.

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

(2)(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 as prescribed in sections 527.09, 527.12 and 527.13, 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 7-28-14, Formerly 5F-11.082, Amended          .

 

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

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Commissioner of Agriculture Nicole Fried

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: March 21, 2019

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: October 29, 2018