Notice of Development of Rulemaking

DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION
Division of Hotels and Restaurants
RULE NO: RULE TITLE
61C-4.0161: Mobile Food Dispensing Vehicles and Theme Park Food Carts
PURPOSE AND EFFECT: The purpose and effect of this rule amendment is to correct Division of State Fire Marshal Florida Administrative Code (F.A.C.) and Department of Agriculture and Consumer Services F.A.C. citations in Chapter 61C-4, F.A.C. These changes are necessary due to the transfer of Chapter 4A, F.A.C., to Chapter 69A, F.A.C.; and a newer version of National Fire Protection Association standards adopted by the Division of State Fire Marshal.
SUBJECT AREA TO BE ADDRESSED: These rule amendments correct Division of State Fire Marshal and Department of Agriculture and Consumer Services Florida Administrative Code citations found in Chapter 61C-4, F.A.C.
SPECIFIC AUTHORITY: 509.032(2)(d), 509.032(6) FS.
LAW IMPLEMENTED: 509.032(2)(d), 509.032(3)(a), 509.211, 509.215, 509.221 FS.
IF REQUESTED IN WRITING AND NOT DEEMED UNNECESSARY BY THE AGENCY HEAD, A RULE DEVELOPMENT WORKSHOP WILL BE NOTICED IN THE NEXT AVAILABLE FLORIDA ADMINISTRATIVE WEEKLY.
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE DEVELOPMENT AND A COPY OF THE PRELIMINARY DRAFT, IF AVAILABLE, IS: Michelle Comingore, Operations Review Specialist, Department of Business and Professional Regulation, Division of Hotels and Restaurants, 1940 North Monroe Street, Tallahassee, FL 32399-1012; Telephone: (850)488.1133

THE PRELIMINARY TEXT OF THE PROPOSED RULE DEVELOPMENT IS:

61C-4.0161 Mobile Food Dispensing Vehicles and Theme Park Food Carts.

(1) through (8) No change.

(9) Required extinguishers shall be installed and easily accessible on each cart, and shall be located as remotely as possible from the fuel supply or power source of the cart, in accordance with Chapter 69A-3 4A-43, F.A.C.

(10) Installation of liquefied petroleum gas appliances, equipment, apparatus or containers on theme park food carts is to be performed in accordance with the provisions of National Fire Protection Association, Standard #58, “Liquefied Petroleum Gases Handbook,” 2002 1995 Edition, as adopted by the Division of State Fire Marshal in Chapter 69A-3 and Chapters 4A-3 and 5F-11, F.A.C., herein adopted by reference.  The following requirements must also be met:

(a) Gas appliances shall be installed in accordance with manufacturer’s specifications.

(b) The gas supply shall be shut off at the tank when equipment is not in use.;

(c) No unit utilizing LP gas shall park in a building during the operation of its vending business.

Specific Authority 509.032(2)(d), 509.032(6) FS. Law Implemented 509.032(2)(d), 509.032(3)(a), 509.211, 509.215, 509.221 FS. History– New 2-21-91, Formerly 10D-13.0291, 7C-4.0161, Amended 3-31-94, 9-25-96, 5-11-98, 7-2-98,________.