Notice of Proposed Rule

DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES
Division of Standards
Rule No. : RULE TITLE :
5F-11.002: Standards of National Fire Protection Association Adopted
PURPOSE AND EFFECT: The proposed rule adopts: NFPA 58, Liquefied Petroleum Gas Code, 2011 Edition; LP Gas Code Handbook, NFPA 58, 2011 Edition; NFPA 54, National Fuel Gas Code, 2006 Edition; and National Fuel Gas Code Handbook, NFPA 54, 2006 Edition; to guide the Department in interpreting the provisions of Chapter 527, Florida Statutes.
SUMMARY: The proposed rule adopts: NFPA 58, Liquefied Petroleum Gas Code, 2011 Edition; LP Gas Code Handbook, NFPA 58, 2011 Edition; NFPA 54, National Fuel Gas Code, 2006 Edition; and National Fuel Gas Code Handbook, NFPA 54, 2006 Edition.
SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS: The Agency has determined that this will not have an impact on small business. An SERC has not been prepared by the agency.
Any person who wishes to provide information regarding a statement of estimated regulatory costs, or provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.
RULEMAKING AUTHORITY: 527.06 FS.
LAW IMPLEMENTED: 527.06 FS.
IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE SCHEDULED AND ANNOUNCED IN THE FAW.
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Lisa M. Bassett, Chief, Bureau of Liquefied Petroleum Gas Inspection, Department of Agriculture and Consumer Services, 3125 Conner Boulevard, Tallahassee, Florida 32399-1650, Telephone Number (850)921-8001

THE FULL TEXT OF THE PROPOSED RULE IS:

5F-11.002 Standards of National Fire Protection Association Adopted.

(1) The standards of the National Fire Protection Association for the storage and handling of liquefied petroleum gases as published in NFPA No. 58, Liquefied Petroleum Gas LP-Gas Code, 2011 2004 edition, and for gas appliances and gas piping as published in NFPA No. 54, American National Standard National Fuel Gas Code, 2006 edition, shall be the accepted standards for this state and are hereby adopted and incorporated by reference, subject to such additions and exceptions as are set forth in this rule these rules. The LP Gas Code Handbook, NFPA 58, 2011 Edition, and the National Fuel Gas Code Handbook, NFPA 54, 2006 Edition, are hereby adopted and incorporated by reference and shall be utilized by the Department as a guide in interpreting the provisions of Chapter 527, Florida Statutes. Reference to NFPA 58 and NFPA 54 in these rules shall be to the most recent edition as adopted herein. The sSection 6.6.7 of NFPA 58, 2011 2004 edition titled “Installation of Containers on Roofs of Buildings,” is hereby excluded from adoption. The sSection 7.1.6.2 of NFPA 54, 2006 edition, titled “Conduit with Both Ends Terminating Indoors” is hereby excluded from adoption.

(2) Each of the NFPA publications listed in subsection (1) above is incorporated by reference in each rule within this rule chapter in which referenced is made to the publication. In each instance, the publication becomes a part of the rule, in the entirety of the publication, or in any part thereof, as the rule provides or the context of the rule may require.

(2)(3) “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. The public may obtain a copy of any NFPA publication by writing the association, whose address is: National Fire Protection Association, Inc., Batterymarch Park, Quincy, Massachusetts 02269, or at http://www.nfpa.org.

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


NAME OF PERSON ORIGINATING PROPOSED RULE: Isadore F. Rommes, Director, Division of Standards
NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Adam H. Putnam, Commissioner of Agriculture
DATE PROPOSED RULE APPROVED BY AGENCY HEAD: March 29, 2011
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: March 18, 2011