The purpose of this rulemaking is to amend the rule chapter to comply with statutory language, to adopt revised and new forms, and to update adopted versions of National Fire Protection Association (NFPA) national standards to the most recent ...

 

DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES

Division of Consumer Services

RULE NOS.:RULE TITLES:

5J-20.002Standards of National Fire Protection Association Adopted

5J-20.004Liquefied Petroleum Gas Forms

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

5J-20.062Approved Courses of Continuing Education

PURPOSE AND EFFECT: The purpose of this rulemaking is to amend the rule chapter to comply with statutory language, to adopt revised and new forms, and to update adopted versions of National Fire Protection Association (NFPA) national standards to the most recent versions.

SUMMARY: Several changes were made to chapter 527, Florida Statutes, during the 2020 legislative session. The proposed rules are being amended to update incorporated forms and to add a new license application for R.V. Dealers; to enumerate conditions for Testing Agents; to specify testing criteria for Category I Qualifier – R.V. and Category I Master Qualifier R.V. designations; to amend competency requirements for Master Qualifiers; to amend Continuing Education courses to include courses appropriate for Category I Qualifiers – R.V. and Category I Master Qualifiers – R.V. per legislative mandate and; to update adopted versions of NFPA 54 and NFPA 58 to most recent versions.

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, incorporate a new form, update incorporated forms, update incorporated national standards and provide general updates. There are no costs associated with these changes. Further, 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: 527.0201, 527.06, 527.23, 570.07(23) FS.

LAW IMPLEMENTED: 527.02, 527.0201, 527.021, 527.03, 527.04, 527.055, 527.06, 527.0605, 527.061, 527.11, 527.23 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-20.002 Standards of National Fire Protection Association Adopted.

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, 2020 2017 Edition, for gas appliances and gas piping as published in NFPA 54, National Fuel Gas Code, 2018 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. The LP Gas Code Handbook, NFPA 58, 20202017 Edition, and the National Fuel Gas Code Handbook, NFPA 54, 2018 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. “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 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, 7-10-19,                                          .

 

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) through (3) No change.

(4) FDACS-03580 LP Gas Category III Cylinder Exchange Operator License Application, Rev. XX/20 05/19, http://www.flrules.org/Gateway/reference.asp?No=Ref-            10828.

(5) FDACS-03581 LP Gas Category IV Dealer in Appliances and Equipment License Application, Rev. XX/20 05/19, http://www.flrules.org/Gateway/reference.asp?No=Ref-           10829.

(6) through (7) No change.

(8) FDACS-03584 LP Gas Qualifier and Master Qualifier Registration Application, Rev. XX/20 05/19, http://www.flrules.org/Gateway/reference.asp?No=Ref-     10832.

(9) through (11) No change.

(12) FDACS-03588, LP Gas Insurance Affidavit, Rev. XX/20 02/19, http://www.flrules.org/Gateway/reference.asp?No=Ref-          10836.

(13) FDACS-03589, LP Gas Category I R.V. Dealer License Application XX/20, http://www.flrules.org/Gateway/reference.asp?No=Ref-         .     

(14)(13)   No change.

(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-10838.

(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-10839.

Rulemaking Authority 527.0201, 527.06, 527.23, 570.07(23) FS. Law Implemented 527.02, 527.0201, 527.021, 527.03, 527.04, 527.055, 527.06, 527.0605, 527.061, 527.11, 527.23 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, 8-20-19,                            .

 

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, Rev. XX/20 05/19, 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.

(2) Testing shall be administered either by the department or an agent authorized by the department.  

(a) Testing Agents must maintain nationally recognized accreditation and offer testing services under contract with the department.

(b) Testing Agents may not be interested, directly or indirectly, in the sales or distribution of liquified petroleum gas regulated by this rule chapter.

(3)(2) Testing Requirements – Areas of competency.

(a) Qualifiers:

1. No change.

2. All registrants for a Category I Qualifier - R.V. designation shall be tested on the properties and characteristics, liquid transfer, R.V. appliance or sytstem service/installation, and the LP gas laws, rules, and regulations as specified in chapter 527, F.S., and this rule chapter.

2. through 3. renumbered 3. through 4. No change.

(b) Master Qualifiers:

1. No change.

2. All registrants for a Category I Master Qualifier - R.V. designation shall be tested on the properties and characteristics, liquid transfer, R.V. LP gas service/installation, and the LP gas laws, rules, and regulations as specified in chapter 527, F.S., and this rule chapter.

3.2. 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.

(4)(3) No change. 

(5)(4) As evidence of reasonable competency and qualification, Master Qualifier applicants must submit proof of professional certification in safety, installation, maintenance, service or repair of liquefied petroleum gas equipment, systems, or appliances by an LP gas industry manufacturer that proves the applicant has the knowledge, experience and skills to perform the required duties in the specific Master Qualifier area of competency or be a Category I or Category V Qualifier respectively, and shall have a minimum of 3 years’ verifiable experience in the liquefied petroleum gas industry within the 10 years 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) through (f) No change.

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, 7-10-19,          .

 

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 for Category I, Category I-R.V., Category II and V Qualifiers and Category I, Category I-R.V., and Category V Master Qualifiers:

(a) through (i) No change.

(2) through (5) No change.

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 7-10-19,                    .

 

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: July 29, 2020

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: July 31, 2020