Gregory J. Cahanin Fire & Code Consulting 727-896-7719

CHAPTER 69A-21

FIRE EXTINGUISHERS AND PRE-ENGINEERED SYSTEMS

V. 11,

PART I  LICENSING AND PERMITTING REQUIREMENTS

69A-21.102          Dealer License.

69A-21.103          Permit.

69A-21.104          Prescribed Training Course for Portable Fire Extinguisher Licenses and Permits.

69A-21.106          Transferring a License.

69A-21.107          Transferring a Permit.

69A-21.113          Required Continuing Education.

69A-21.114          Insurance Requirements.

69A-21.115          “Appropriate Training for Servicing Fire Extinguishers and Preengineered Systems Defined; Limitations;

                                Restrictions.

PART II  PORTABLE FIRE EXTINGUISHERS

69A-21.201          Scope.

69A-21.203          Standards of National Fire Protection Association Adopted.

69A-21.237          Inspection, Maintenance and Hydrostatic Tests; Recharge, Repair, Replacement.

69A-21.238          Inspection, Maintenance and Hydrostatic Tests; Replacement While Recharging.

69A-21.240          Standard Service Tags, Requirements.

69A-21.241          Standard Service Tags, Specifications.

69A-21.242          Hydrostatic Tests.

69A-21.245          Hydrostatic Tests; Record Tag.

69A-21.249          Leak Tests; Tamper Indicators or Seals to be Replaced.

69A-21.251          Invoices.

PART III  PRE-ENGINEERED SYSTEMS

69A-21.301          Scope.

69A-21.302          Standards of National Fire Protection Association to be Complied With.

69A-21.303          Standard Service Tag.

69A-21.304          Installation; Service.

PART IV ACCREDITATION AS A NATIONALLY RECOGNIZED TESTING LABORATORY FOR PURPOSES
OF LISTING PORTABLE FIRE EXTINGUISHERS AND PRE-ENGINEERED SYSTEMS

69A-21.401          Purpose.

69A-21.402          Criteria for Recognition by the State Fire Marshal as a “Nationally Recognized Testing Laboratory”

                                for Portable Fire Extinguishers or Pre-engineered Systems.

69A-21.403          Application Procedure.

PART I LICENSING AND PERMITTING REQUIREMENTS

69A-21.102 Dealer License.

(1) The applicant shall submit an application on form DI4A-32, “Application for Fire Equipment Dealer License” revised 11/99 as adopted and incorporated herein by reference furnished by the Regulatory Licensing Section, Bureau of Fire Prevention, Division of State Fire Marshal which shall conform with Section 633.061, F.S., identifying the class of license requested. Each licensee shall maintain a specific business location. A separate application and license are required for each business location. Any advertisement that the services of installing, recharging, repairing, or inspecting or other maintenance of portable fire extinguishers or pre-engineered systems are available shall indicate that the premises, business, room, shop, store or establishment in or upon which it appears or to which it refers are a separate business location.

(2) The application shall be accompanied by a fee as prescribed in Section 633.061(1), F.S., for the type license requested.

(3) A non-refundable fee as prescribed in Section 633.061(3)(c)6., F.S., shall accompany each application requiring an examination.

(4) The application shall be accompanied by evidence of registration as a Florida Corporation or evidence of compliance with the Fictitious Name Statute as prescribed in Section 865.09, F.S.

(5) The person signing the application must meet the experience, or experience and education requirements as prescribed in Section 633.061, F.S., and shall successfully complete a prescribed certification training course offered by the Florida State Fire College or an equivalent course approved by the Bureau of Fire Standards and Training.

(6) Upon successful completion of the prescribed certification training course, the applicant will be administered an examination testing his or her competency and knowledge of the tasks to be performed pursuant to the class license requested.

(7) Upon successful completion of the competency examination, the applicant shall submit evidence of the insurance coverage required by Section 633.061(3)(c)3., F.S., for the class license requested.

(8) When the applicant has completed the requirements in subsections (1) through (7), above, a pre-license inspection will be conducted at the facility of the applicant to determine that the equipment is functional and meets the requirements of subsection (12), below. The Regulatory Licensing Section shall inspect vehicles, equipment, buildings, devices, premises or any area to be used in performing the activities allowed by the license. Vehicles will be inspected annually or as deemed necessary to insure minimum equipment requirements are met based on the services performed from each vehicle. At the time of inspection, the dealer shall provide to the Regulatory Licensing Section a list identifying the vehicle, by tag number, and the services performed from such vehicle. After issuance of a license, such facilities shall be inspected annually thereafter or as frequently as deemed necessary to ensure that the equipment requirements continue to be met.

(9) Each license application shall be accompanied by at least one application for an individual to obtain a permit pursuant to the provisions of Rule 69A-21.103, F.A.C.

(10) Upon satisfactory completion of the application, examination, insurance and equipment requirements, a license will be issued.

(11) Any fire equipment dealer, licensed pursuant to Section 633.061, F.S., who does not want to engage in servicing, inspecting, recharging, repairing or installing halon equipment must file an affidavit on form DI4-1482 (REV: 10/01), “Fire Equipment Dealer Halon Exemption Affidavit” as adopted and incorporated herein by reference furnished by the Regulatory Licensing Section.

(12) Equipment requirements.

(a) Each licensed business location shall be required to possess, at a minimum, the required equipment listed below, the equipment shall be demonstrated at the time of any inspection, to be functional to perform service as indicated by the license. All facilities must be in possession of a retester’s identification number and certification in compliance with the portions of 49 Code of Federal Regulations, Parts 100-177 which are referenced in Compressed Gas Association CGA C-1-1996, Methods for Hydrostatic Testing of Compressed Gas Cylinders, Compressed Gas Association CGA C-6-1993, Standards for Visual Inspection of Steel Compressed Gas Cylinders, Seventh Edition, Reaffirmed 1995, Compressed Gas Association CGA C-6.1-1995, Standards for Visual Inspection of High Pressure Aluminum Compressed Gas Cylinders, and Compressed Gas Association CGA C-6.3-1999 Guidelines for Visual Inspection and Requalification of Low Pressure Aluminum Compressed Gas Cylinders, Second Edition, as adopted in Rule Chapter 69A-3, F.A.C.

(b) Minimum Equipment and Facilities Requirements.

(13) Any change of corporate officers must be reported in writing to the Regulatory Licensing Section within 14 days. This change does not require a revised application.

(14) All requirements set forth in this rule, except the dealer training and examination requirements, shall be met by any corporation, firm, association, state agency, or its subdivision, if the license requested is for work to be performed by that corporation, firm, association, state agency or its subdivision upon its own properties and for its own use, pursuant to the provisions of Section 633.061, F.S.

(15) Revised license and permit.

(a) The change of a firm’s name or location requires revised license(s) and permit(s).

(b) License and permit applications to reflect change of residence, principal business location, or name shall be submitted to the division with fees pursuant to Sections 633.061(1)(e) and (2)(e), F.S., within thirty (30) days after a change.

(c) Applications for a name change shall be accompanied by evidence of registration as a Florida Corporation or evidence of compliance with the Fictitious Name Statute, as prescribed in Section 865.09, F.S., and a new insurance certification form showing the new name.

(d) A change in location shall require a facility inspection before the license can be issued.

(e) Upon satisfactory completion of these application requirements revised license(s) and permit(s) shall be issued.

(f) No licensee shall conduct his or his licensed business under a name other than the name which appears on his or her license.

Specific Authority 633.01 FS. Law Implemented 633.061 FS. History–New 2-7-89, Amended 10-20-93, 10-2-96, 6-8-98, 11-21-01, Formerly 4A-21.102.

69A-21.103 Permit.

(1) The applicant shall submit an application on a form furnished by the Regulatory Licensing Section which shall conform with Section 633.061, F.S., Form DI4-31, “Application for Fire Equipment Permit,” revised and dated 11/99, which is incorporated herein by reference, which is available from the Bureau of Fire Prevention, Regulatory Licensing Section, 200 East Gaines Street, Tallahassee, Florida 32399-0342, identifying the class permit requested.

(2) The application shall be accompanied by a fee as prescribed in Section 633.061(2), F.S., for the class permit requested.

(3) The application shall be accompanied by two current full-face color passport size photographs, along with a photocopy of the applicant’s drivers license or identification card issued by the Florida Department of Highway Safety and Motor Vehicles. Each photograph shall have the name of the applicant printed legibly on the back of the photographs.

(4) A non-refundable fee as prescribed in Section 633.061(3)(d)1., F.S., shall accompany each application requiring an examination.

(5) The applicant shall successfully complete a prescribed certification training course offered by the Florida State Fire College or an equivalent course approved by the Bureau of Fire Standards and Training.

(6) Upon successful completion of the prescribed certification training course, the applicant will be administered an examination testing his or her competency and knowledge of the tasks to be performed pursuant to the class permit requested.

(7) Upon successful completion of the application and examination, a permit and photo identification card will be issued.

(8) Permittees must have a valid and subsisting permit upon their persons at all times while engaging in the servicing, recharging, repairing, testing, inspecting, or installing of fire extinguishers and pre-engineered systems. The permit must be produced upon demand. A permittee may perform only those services authorized under the licensee employing such permittee.

(9) A permit shall be valid solely for use by the holder thereof in his or her employment by the licensee under whose license the permit was issued. A permittee changing his or her place of employment shall obtain a new permit under the license of the licenseholder at the new place of employment. The licensee shall notify the Regulatory Licensing Section, in writing, of an individual leaving his or her employment within fifteen days of the termination. The Regulatory Licensing Section will then change the records to reflect the status of the permit. A permit and photo identification card of an individual leaving the employment of a licensee becomes void and inoperative on the date of termination, pursuant to Section 633.061(3)(b), F.S.

(10) Any fire equipment permittee employed by a licensed dealer holding a Halon Exemption must file an affidavit as required by Section 633.061(1)(e), F.S., on form DI4-1483 (REV: 10/01), “Fire Equipment Permit Halon Exemption Affidavit” as adopted and incorporated herein by reference furnished by the Regulatory Licensing Section.

Specific Authority 633.01 FS. Law Implemented 633.061 FS. History–New 2-7-89, Amended 10-20-93, 11-21-01, Formerly 4A-21.103.

69A-21.104 Prescribed Certification Training Course for Portable Fire Extinguisher Licenses and Permits.

(1) The prescribed certification training course shall be taken at the Florida State Fire College in Ocala or at another facility approved as provided in subsection (3).

(2) The procedures regarding the certification course at the Florida State Fire College or at another approved facility are as follows:

(a) All applicants for licenses and permits shall apply to the Regulatory Licensing Section, Bureau of Fire Prevention in Tallahassee.

(b) Both the application fee and the exam fee shall be submitted to the Regulatory Licensing Section.

(c) Once an application is complete and acceptable, the Regulatory Licensing Section will issue a letter to the applicant authorizing attendance to the prescribed certification training course. A list of approved training centers and required study material will be included.

(d) No person will be registered to attend a certification course without first having received a letter of authorization from the Regulatory Licensing Section. No person shall be registered to attend the certification course for purposes of obtaining continuing education hours.

(e) The charge for the course is $150.00. This fee must be paid directly to the Florida State Fire College 15 calendar days prior to the date of the scheduled course. An authorized applicant attending a certification course at another approved training facility shall pay the fees set by the approved facility.

(f) The Florida State Fire College will stock all the required study materials. Copies of the required F.S. and of the required State Fire Marshal’s Rules will be free. All other material will be available at cost. If the required study material is purchased directly from the Florida State Fire College, then the Florida State Fire College must be paid directly. The application packet will contain a list of study material.

(g) The course will take one week: Monday through Friday, 8:00 a.m. to 5:00 p.m.

(h) Applicants will be tested daily on course materials. Each applicant must receive an average score of 70% on daily examinations to be qualified to sit for the certification examination.

(i) At the conclusion of the 40 hour certification course of instruction at the Florida State Fire College, those applicants who have successfully completed the course, receiving an average score of 70% on the daily examinations, will be given the State Certification Examination for the license or permit for which she or he has applied. Those individuals taking the certification course at an approved training facility will be scheduled for testing at regional testing sites on regularly scheduled testing dates by the Regulatory Licensing Section after the individual has met and complied with the requirements set forth in Section 633.061, F.S.

(j) A passing score for the state certification exam is 70%. The Regulatory Licensing Section will then notify each applicant of examination scores by mail within five working days from the date of receipt in the Regulatory Licensing Section. No results will be given by telephone, facsimile transmission, or electronic mail (e-mail).

(k) Anyone failing to successfully complete a certification course shall be rescheduled at no fewer than 30 day intervals.

(l) Anyone failing the exam will be permitted to take the exam at no fewer than thirty (30) day intervals.

(m) Anyone wishing to upgrade a license or permit must meet the requirements of Section 633.061, F.S.

(3) The 40 hour certification training course may be offered at a community college, a vocational technical center, or at any of the training centers certified by the Bureau of Fire Standards and Training. The certification course must be equivalent to that offered by the Florida State Fire College (Course Number FSFC-708).

(a) The certification course must be approved in advance by the Chief of the Bureau of Fire Standards and Training or his designee. A copy of the course outline, lesson plan or plans, instructor or instructors, and proposed facility with appropriate props for performing extinguisher training evolutions must be submitted.

(b) Each instructor for the course must be certified at a minimum of Fire Instructor I by the Bureau of Fire Standards and Training or must qualify for a Single Course Exemption as specified in Rule Chapter 69A-39, F.A.C.

(c) At the conclusion of any course of instruction the community college, vocational technical center, or other approved training center must provide to the Regulatory Licensing Section a roster of students, daily examination results, and cumulative scores on the approved course.

Specific Authority 633.01 FS. Law Implemented 633.061, 633.46 FS. History–New 2-7-89, Amended 10-20-93, 11-21-01, Formerly 4A-21.104.

69A-21.106 Transferring a License.

A fire equipment dealer license is not transferable to another person or business organization. Any individual who wishes to change company affiliation must comply with Section 633.061, F.S.

Specific Authority 633.01 FS. Law Implemented 633.061 FS. History–New 2-7-89, Amended 10-20-93, 11-21-01, Formerly 4A-21.106.

69A-21.107 Transferring a Permit.

A fire equipment permit is not transferable to another person or business organization. Any individual who wishes to change company affiliation must comply with Section 633.061, F.S.

Specific Authority 633.01 FS. Law Implemented 633.061 FS. History–New 2-7-89, Amended 10-20-93, 11-21-01, Formerly 4A-21.107.

69A-21.113 Required Continuing Education.

(1) Licenseholders and permitholders shall complete a continuing education course or combination of courses in compliance with Section 633.061, F.S., for each permit held.

(2) The continuing education course or combination of courses shall be related to the scope of each license and each permit held. All licensed fire equipment dealers are required to complete at least one hour of a workplace safety class, one hour of a business practices class, and one hour of a workers’ compensation class as part of the required continuing education for license renewal each four year period.

(3) The course or combination of courses shall be conducted by persons approved by the Regulatory Licensing Section. Approval of such persons shall be based on the person’s training, experience, and expertise in the subject of the course. The instructor must be qualified, by education or experience, to teach the course, or parts of a course to which the instructor is assigned. Any person with a four year college or graduate degree is qualified to teach any course in their field of study. Any equipment manufacturer or state certified fire equipment dealer with at least five years’ experience may teach any technical course within the scope of the dealer’s license; however, no dealer whose license is suspended or revoked as a result of administrative action shall teach any course or serve as a continuing education course instructor. The Regulatory Licensing Section is not permitted to reject a course based upon the proposed instructor, but is permitted to approve a course contingent on certification that all instructors meet those minimum requirements before conducting the course and before advertising that the course is approved for continuing education credit.

(4) The course or combination of courses shall be approved in advance by the Regulatory Licensing Section. The number of contact hours assigned to any course shall be determined by the Regulatory Licensing Section based on course content and length.

(5) Requests for approval of a course shall be submitted on Form DI4-394, Revised 03/00 “Request for Approval of Fire Equipment Continuing Education Course Work” as adopted and incorporated herein by reference. Forms are available from and submission shall be sent to: Regulatory Licensing Section, 200 East Gaines Street, Tallahassee, Florida 32399-0342. The application shall include the total number of classroom or interactive distance learning hours, the course syllabus, a detailed outline of the contents of the course, and the name and qualifications of all instructors. The Regulatory Licensing Section shall approve each continuing education course which appropriately relates to the technical skills required of fire equipment licensees and permittees and contain sufficient educational content to improve the quality of the licensee’s or permittee’s performance and are taught by qualified instructors. Continuing education coursework approval is valid for two years from the date of issue, provided no substantial change is made in the approved course. The number of classroom hours must be devoted to course content and does not include registration periods, meals and keynote speakers or any similar nonsubstantive time periods.

(6) The Regulatory Licensing Section shall approve continuing education courses in compliance with the time limitations specified for licensing in Chapter 120, F.S. Such approval shall be based upon the submission of coursework which relates to the technical fire protection skills of fire equipment dealers and permittees which contain educational content to improve the quality of work being performed.

(7) Each approved course will be assigned a course number and the course will be identified by course title as submitted and the number of continuing education hours awarded. The course provider shall use the course number in the course syllabus, in all other course materials used in connection with the course, and in all written advertising materials used in connection with the course. A listing of approved courses will be available from the Regulatory License Section, the course list will include the course number, the course title, the course submitter, and the type of course (portable or preengineered systems).

(8) Within 30 days of the conclusion of each approved course, the organization or person offering the course shall inform the Regulatory Licensing Section that the course was completed and shall supply the Regulatory Licensing Section with a sign in sheet or roster. The sign-in sheet or roster shall identify:

(a) The course name;

(b) The course number;

(c) The course provider;

(d) The date the course was offered;

(e) The duration of the course;

(f) The licensee’s or permittee’s name;

(g) The license or permit number; and

(h) The licensee’s or permittee’s signature. For interactive distance learning courses, in lieu of the original sign-in sheet required above, the course provider shall maintain and provide a record of the registration log-in, course access log, and course completion, which shall contain the information required above. In lieu of providing a document bearing the licensee’s or permittee’s signature, the course provider shall provide the licensee’s or permittee’s identity verification data which shall include the licensee’s or permittee’s password and the licensee’s or permittee’s mother’s maiden name.

(9) Each person who completes an approved course shall be issued a certificate of completion by the course provider. The certificate of completion shall contain the name of the person who completed the course, the course provider’s name, the course name as approved by the Regulatory Licensing Section, the course number, the date the course was taken, and the number of continuing education hours awarded for the course as approved for the course by the Regulatory Licensing Section. The course provider shall maintain a list of the names and license or permit numbers of each person who completes each course conducted by the course provider for four years from the date of the course.

(10) Each licenseholder or permitholder is responsible for attending the appropriate course or courses and for maintaining proof of completion of the course or courses. The Bureau will not accept any proof of completion except that submitted in accordance with subsection (11), below.

(11) The licenseholder or permitholder shall submit proof of completion of the required course or courses to the Regulatory Licensing Section on Form DI4-393, “Fire Equipment Continuing Education Coursework,” revised and dated 03/00, as adopted and incorporated herein by reference. Form DI4-393 may be obtained by writing Bureau of Fire Prevention, Regulatory Licensing Section, 200 East Gaines Street, Tallahassee, Florida 32399-0342. Each licenseholder or permitholder will be notified by the Regulatory Licensing Section, in writing, if the continuing education course work submitted does not satisfy the continuing education requirement in Section 633.061(3)(a), F.S. No notification will be given over the telephone.

(12) Any licenseholder or permitholder who does not complete the continuing education requirements of Section 633.061, F.S., shall not have his or her license or permit renewed. If the license or permit is not renewed, the former licenseholder or permitholder shall perform no work for which a license or permit is required. A former licenseholder or permitholder wishing to become licensed again shall meet the requirements of Section 633.061, F.S.

Specific Authority 633.01 FS. Law Implemented 633.061 FS. History–New 2-7-89, Amended 10-20-93, 11-21-01, Formerly 4A-21.113.

69A-21.114 Insurance Requirements.

(1) The Fire Equipment Dealer A, B, C and D licensed pursuant to Section 633.061, F.S., shall provide evidence of current and subsisting insurance coverage meeting the requirements of Section 633.061, F.S., to the Regulatory Licensing Section on a Form DI4-28, “Insurance Certificate Fire Equipment Dealer”, revised and dated 10/99, as adopted and incorporated herein by reference. This form is available from the Regulatory Licensing Section, Bureau of Fire Prevention, 200 East Gaines Street, Tallahassee, Florida 32399-0342.

(2) The licensed Fire Equipment Dealer A, B, C and D shall be responsible to ensure current and subsisting insurance coverage meeting the requirements of Section 633.061, F.S., is on file with the State Fire Marshal.

(3) Failure to provide evidence of current and subsisting insurance coverage within 30 days of the expiration date of the policy or within 30 days of a notice to provide evidence of coverage shall result in administrative proceedings pursuant to Section 633.162, F.S.

Specific Authority 633.01 FS. Law Implemented 633.061 FS. History–New 10-20-93, Amended 11-21-01, Formerly 4A-21.114.

69A-21.115 “Appropriate Training” for Servicing Fire Extinguishers and Preengineered Systems Defined; Limitations; Restrictions. “Appropriate training” as used in subsection (1) of Section 633.061, F.S., for the purpose of servicing fire extinguishers and preengineered systems means:

(1) Any training specific to the servicing of the fire extinguisher or preengineered system provided by the manufacturer of the fire extinguisher or preengineered system; or

(2) Any training which provides proficiency in the servicing of a fire extinguisher and a preengineered system in accordance with the manufacturer’s maintenance procedures and specifications and with the applicable National Fire Protection Association standards, as required by subsection 633.065(2), F.S.; provided that the training of any person for servicing of fire extinguishers and preengineered systems, and any servicing of such equipment and systems, must comply fully with paragraphs (b), (c), and (d) of subsection (1) of Section 633.065, F.S., and the applicable requirements of Rule Chapter 69A-21, F.A.C.

Specific Authority 633.01 FS. Law Implemented 633.061, 633.065 FS.  History–New 3-7-04.

PART II PORTABLE FIRE EXTINGUISHERS

69A-21.201 Scope.

The provisions of Part II of this chapter shall apply to licensed fire equipment dealers when installing, maintaining, recharging or otherwise servicing portable extinguishing equipment, and other portable devices for fire extinguishment, excluding pre-engineered fire protection systems, which are addressed in Part III.

Specific Authority 633.01 FS. Law Implemented 633.01, 633.061, 633.071, 633.081 FS. History–New 10-18-67, Formerly 4A-21.01, 4A-21.001, Amended 2-7-89, 10-20-93, Formerly 4A-21.201.

69A-21.203 Standards of National Fire Protection Association Adopted.

Licensed fire equipment dealers are required to install, inspect, maintain, or recharge portable fire extinguishers in accordance with NFPA 10, Standard for Portable Fire Extinguishers, the edition as adopted in Rule Chapter 69A-3, F.A.C. The provisions of NFPA 10, the edition as adopted in Rule Chapter 69A-3, F.A.C., are mandatory. Copies of NFPA 10, the edition as adopted in Rule Chapter 69A-3, F.A.C., may be obtained from: National Fire Protection Association, Batterymarch Park, Quincy, Massachusetts 02269.

Specific Authority 633.01 FS. Law Implemented 633.01, 633.065, 633.071, 633.081, 633.083 FS. History–New 2-7-89, Amended 10-20-93, 10-2-96, 6-8-98, 11-21-01, Formerly 4A-21.203.

69A-21.237 Inspection, Maintenance and Hydrostatic Tests; Recharge, Repair, Replacement.

(1) Annual maintenance shall be in accordance with the provisions of NFPA 10, as adopted in Rule 69A-21.203, F.A.C., and the manufacturers maintenance manuals. The extinguishers listed in the Exception in section 4-4.2 shall be weighed by accurate scales which have been tested within the preceding twelve months to determine weight accuracy. All dry chemical stored pressure extinguishers shall be inverted to assure free movement of the extinguishing agent.

(2) Six Year Maintenance for Certain Stored Pressure Extinguishers.

(a) For purposes of this rule, the six year maintenance interval shall begin from the date of manufacture of an extinguisher and, once maintenance has begun, from the date of recharging and/or internal maintenance of an extinguisher. Complete six year maintenance procedures shall be performed when any extinguisher subject to this rule is opened for any purpose.

(b) Record Tag. Each six year maintenance shall be recorded on a record tag consisting of a decal which shall be affixed (by a heatless process) on the exterior of the extinguisher shell. The decal shall either be metallized or of an equally durable material which remains adhered to the extinguisher for the required period, which does not corrode, and which does not fade, wash away, or otherwise become illegible. The label shall be self‑destructive when removal from an extinguisher shell is attempted. The record tag shall contain the following information: Year and month that the six year maintenance was performed and the name of the agency performing the maintenance.

(3) All tags, labels and decals required by the State Fire Marshal which are out of date shall be removed before a current tag or label is placed on the extinguisher.

Specific Authority 633.01 FS. Law Implemented 633.01, 633.061, 633.081 FS. History–New 10-18-67, Amended 8-15-85, Formerly 4A-21.37, 4A-21.037, Amended 2-7-89, 10-20-93, Formerly 4A-21.237.

69A-21.238 Inspection, Maintenance and Hydrostatic Tests; Replacement While Recharging.

No licenseholder shall remove or permit any of his or her employees to remove any in-service fire extinguisher from its designed location for maintenance purposes without first meeting the requirements of NFPA 10, the edition as adopted in Chapter 69A-3, F.A.C.

Specific Authority 633.01 FS. Law Implemented 633.01, 633.061, 633.081 FS. History–New 10-18-67, Formerly 4A-21.38, 4A-21.038, Amended 2-7-89, 11-21-01, Formerly 4A-21.238.

69A-21.240 Standard Service Tags, Requirements.

Each portable extinguisher which has been subjected to any type of service shall have an approved standard record tag securely attached thereto, before being placed into service. Standard service tags shall not be attached to fire extinguishers which do not comply with this rule or the standards adopted herein, until the violation is corrected in accordance with Section 633.071, F.S. The standard service tag on a fire extinguisher shall indicate that the person, whose name and permit number appear on the tag, has serviced the fire extinguisher in compliance with these rules and the standards adopted herein. Only the person performing the service shall prepare and affix the appropriate service tag as provided by this rule chapter.

Specific Authority 633.01 FS. Law Implemented 633.01, 633.061, 633.081 FS. History–New 10-18-67, Formerly 4A-21.40, 4A-21.040, Amended 8-15-85, 2-7-89, 10-20-93, 11-21-01, Formerly 4A-21.240.

69A-21.241 Standard Service Tags, Specifications.

(1) Service Tags, Annual Maintenance.

(a) Approved standard service tags shall meet the following specifications and shall be arranged as indicated in Figure “A.” In lieu of using the standard “tie-on” type service tag, a pressure sensitive label or decal meeting the same specifications as indicated in Figure “A” may be used. Tags, pressure sensitive labels or decals may be printed or otherwise established for any number of years not in excess of five years.

Figure “A”

(b) Approved standard service tags, pressure sensitive labels or decals shall bear the following information:

1. “Do Not Remove.”

2. Serial Number of Extinguisher.

3. Name of person who performed the service on the extinguisher. Initials are not acceptable.

4. Permit number of the person who serviced the extinguisher.

5. Indicate the type of service performed.

6. Indicate the type of extinguisher involved.

7. Indicate the month and the year that the service was performed by means of perforation so that only the specific month is indicated.

(c) For standard service tags, pressure sensitive labels or decals, the printing may be any color.

(d) The size of the standard service tags, pressure sensitive labels or decals shall be a minimum size of no less than two and one half inches (2 1/2") and no greater than three inches (3") by no less than five and one quarter inches (5 1/4") and no greater than five and three quarters inches (5 3/4").

(e) A new tag, pressure sensitive label or decal shall be attached to the portable fire extinguisher each time a service is performed.

(f) The name, street address and telephone number of the company or organization performing said service must be printed on the front center section of the service tag, pressure sensitive label or decal.

(g) The remainder of the space available on the tag shall contain no erroneous, false, or misleading statements.

(2) Six (6) year Maintenance, Record Tags. A verification of service collar meeting the requirements of Section 4-4.4.2, of NFPA 10, the edition as adopted in Rule Chapter 69A-3, F.A.C., shall be provided each time an extinguisher is opened for any type of service or for any purpose. A new verification service collar shall be provided for an extinguisher each time an extinguisher is opened for any type of internal service or for any other purpose. No advertisement or any other information shall be included on the verification service collar.

Specific Authority 633.01 FS. Law Implemented 633.01, 633.071, 633.081 FS. History–New 10-18-67, Amended 12-30-70, 8-15-85, Formerly 4A-21.41, 4A-21.041, Amended 2-7-89, 10-20-93, 11-21-01, Formerly 4A-21.241.

69A-21.242 Hydrostatic Tests.

Hydrostatic tests shall be conducted in accordance with the procedures in NFPA 10, as adopted in Rule Chapter 69A-3, F.A.C., and the portions of 49 Code of Federal Regulations, Parts 100-177 which are referenced in Compressed Gas Association CGA C-1-1996, Methods for Hydrostatic Testing of Compressed Gas Cylinders, Compressed Gas Association CGA C-6-1993, Standards for Visual Inspection of Steel Compressed Gas Cylinders, Seventh Edition, Reaffirmed 1995, Compressed Gas Association CGA C-6.1-1995, Standards for Visual Inspection of High Pressure Aluminum Compressed Gas Cylinders, and Compressed Gas Association CGA C-6.3-1999 Guidelines for Visual Inspection and Requalification of Low Pressure Aluminum Compressed Gas Cylinders, Second Edition, and which pertain to low pressure and high pressure cylinders, all as adopted in Rule Chapter 69A-3, F.A.C.

Specific Authority 633.01 FS. Law Implemented 633.01, 633.071, 633.081 FS. History–New 10-18-67, Amended 8-15-85, Formerly 4A-21.42, 4A-21.042, Amended 2-7-89, 10-20-93, 11-21-01, Formerly 4A-21.242.

69A-21.245 Hydrostatic Tests; Record Tag.

The hydrostatic test record tag shall comply with the requirements of NFPA 10 as adopted in Rule Chapter 69A-3, F.A.C., and the portions of 49 Code of Federal Regulations, Parts 100-177, which are referenced in Compressed Gas Association CGA C-1-1996, Methods for Hydrostatic Testing of Compressed Gas Cylinders, Compressed Gas Association CGA C-6-1993, Standards for Visual Inspection of Steel Compressed Gas Cylinders, Seventh Edition, Reaffirmed 1995, Compressed Gas Association CGA C-6.1-1995, Standards for Visual Inspection of High Pressure Aluminum Compressed Gas Cylinders, and Compressed Gas Association CGA C-6.3-1999 Guidelines for Visual Inspection and Requalification of Low Pressure Aluminum Compressed Gas Cylinders, Second Edition, and which pertain to low pressure and high pressure cylinders, and, all as adopted in Rule Chapter 69A-3, F.A.C. It shall remain adhered to the extinguisher for the required period of time. It shall not corrode. It shall remain legible for the duration of the performed hydrotest interval.

Specific Authority 633.01 FS. Law Implemented 633.01, 633.071, 633.081 FS. History–New 10-18-67, Formerly 4A-21.45, 4A-21.045, Amended 2-7-89, 10-20-93, 11-21-01, Formerly 4A-21.245.

69A-21.249 Leak Tests; Tamper Indicators or Seals to Be Replaced.

The leak test shall be performed by following the manufacturer’s recommendations. Any tamper indicators or seals shall be replaced each year and after each recharge of a portable fire extinguisher. Tamper indicator pull pressure or break pressure shall not exceed 15 pounds.

Specific Authority 633.01 FS. Law Implemented 633.01, 633.061, 633.071, 633.081 FS. History–New 10-18-67, Formerly 4A-21.49, 4A-21.049, Amended 2-7-89, 10-20-93, 11-21-01, Formerly 4A-21.249.

69A-21.251 Invoices.

Invoices shall include the business name, physical business address and license number of the fire equipment dealer. The license number on the invoice shall coincide with the permit number on the tags which are attached to the extinguishers being invoiced for service. Invoices for servicing fire extinguishers shall include serial numbers of each extinguisher and identify, per serial number, the services performed and any parts replaced for each extinguisher. This information is permitted to be on a separate sheet attached to the invoice.

Specific Authority 633.01 FS. Law Implemented 633.01, 633.061, 633.065, 633.071 FS. History–New 2-7-89, Amended 10-20-93, 11-21-01, Formerly 4A-21.251.

PART III PRE-ENGINEERED SYSTEMS

69A-21.301 Scope.

The provisions of Part III of this chapter shall apply to licensed fire equipment dealers when installing, maintaining, recharging, or otherwise servicing pre-engineered systems.

Specific Authority 633.01 FS. Law Implemented 633.01, 633.081 FS. History–New 10-18-67, Formerly 4A-21.56, 4A-21.056, Amended 2-7-89, 10-20-93, Formerly 4A-21.301.

69A-21.302 Standards of National Fire Protection Association to Be Complied With.

The following standards of the National Fire Protection Association as adopted in Rule Chapter 69A-3, F.A.C., are applicable to Part III of this rule chapter and shall be complied with and are hereby adopted and incorporated by reference:

(1) NFPA 12 – Standard on Carbon Dioxide Extinguishing Systems.

(2) NFPA 12A – Standard on Halon 1301 Fire Extinguishing Systems.

(3) NFPA 17 – Standard for Dry Chemical Extinguishing Systems.

(4) NFPA 17A – Standard for Wet Chemical Extinguishing Systems.

(5) NFPA 96 – 1998 edition, Standard for Ventilation Control and Fire Protection of Commercial Cooking Operations, as adopted in Rule Chapter 69A-3, F.A.C.

(6) NFPA 2001 – Standard on Clean Agent Fire Extinguishing Systems.

(7) NFPA 34 – Standard for Dipping and Coating Processes Using Flammable or Combustible Liquids.

Specific Authority 633.01 FS. Law Implemented 633.01, 633.061, 633.081 FS. History–New 10-18-67, Amended 8-15-85, Formerly 4A-21.57, 4A-21.057, Amended 2-7-89, 10-20-93, 10-2-96, 6-8-98, 11-21-01, Formerly 4A-21.302.

69A-21.303 Standard Service Tag.

(1) A standard service tag shall be affixed to pre-engineered fire protection systems when the system is found to be in compliance with Chapter 633, F.S., this rule and the standards adopted pursuant to Chapter 69A-3, F.A.C. The standard service tag on a pre-engineered fire protection system shall indicate that the person, whose name and permit number appear on the tag, has serviced the system in compliance with this rule and the standards adopted herein.

(2) The standard service tag shall comply with the specifications embodied in subsection 69A-21.241(1), F.A.C.

(3) The standard service tag shall be completed and affixed to pre-engineered fire protection systems as described in Rule 69A-21.240 and subsection 69A-21.241(1), F.A.C.

(4) The verification service collar requirements of subsection 69A-21.241(2), F.A.C., shall be applicable to pre-engineered fire protection systems.

(5) The six year maintenance record tag requirements of paragraph 69A-21.237(2)(b), F.A.C., shall be applicable to pre-engineered fire protection systems.

(6) The hydrostatic test record tag requirements of Rule 69A-21.245, F.A.C., shall be applicable to pre-engineered fire protection systems.

Specific Authority 633.01 FS. Law Implemented 633.01, 633.071, 633.081 FS. History–New 8-15-85, Formerly 4A-21.58, 4A-21.058, Amended 2-7-89, 10-20-93, 11-21-01, Formerly 4A-21.303.

69A-21.304 Installation; Service.

(1) All pre-engineered systems are to be inspected in accordance with the standards adopted in Rule 69A-21.302, F.A.C.

(2) Whenever a pre-engineered system is installed, inspected, repaired, maintained or otherwise serviced, the permittee shall complete an inspection report containing, at a minimum, the information in paragraphs (a) through (o), in this subsection. One copy shall be signed by and delivered to the owner, or the representative of the owner of the facility in which the system was installed. The other copy shall be retained in the fire equipment dealer’s files for a period of not less than three years after the last inspection.

(a) Location of system; business name of facility, street address, city, state, zip code, phone number, and name of the owner or manager;

(b) Whether the report is for an annual inspection; semi-annual inspection; a recharge; a new installation; or a renovation;

(c) Where the system is located in the facility;

(d) Type of system; name of manufacturer; model number; size of bottles;

(e) Method, style and degree of actuation;

(f) Reference to drawing number or page number, and date of the manufacturer’s manual;

(g) Date of last hydrostatic test;

(h) Date of last recharge;

(i) Serial number;

(j) Whether fuel shut off is gas or electric and the size;

(k) A drawing of a new installation; a first inspection; or whenever changes are made. The drawing shall include the following as a minimum:

1. Sizes of the hood, plenum, and ducts.

2. Sizes, types and locations of cooking appliances.

3. Positions of all nozzles, identification of nozzles, their distances from the hazards that they protect.

4. Positions of all detectors.

5. Diagram of the entire piping installation.

(l) Responses to the following questions:

1. Were the inspection and maintenance performed in accordance with the presently adopted editions of NFPA (indicate standard(s) used? (“No” answers require an explanation)

2. Was the system tagged in accordance with Rule 69A-21.303, F.A.C.? (“No” answers require an explanation)

3. Were the inspection and maintenance performed in accordance with the manufacturer’s manual and the manufacturer’s specifications? (“No” answers require an explanation);

(m) A comments section to allow for explanations if necessary;

(n) A statement that the permittee certifies that he personally inspected the system and found the conditions to be as indicated on the report;

(o) The permittee’s name, signature and permit number; the date and time of inspection; and the customer’s signature.

Specific Authority 633.01 FS. Law Implemented 633.01, 633.071, 633.081 FS. History–New 2-7-89, Amended 10-20-93, 11-21-01, Formerly 4A-21.304.

PART IV ACCREDITATION AS A NATIONALLY RECOGNIZED TESTING LABORATORY FOR PURPOSES OF LISTING PORTABLE FIRE EXTINGUISHERS AND PRE‑ENGINEERED SYSTEMS

69A-21.401 Purpose.

The purpose of Part IV of this chapter is to establish procedures by which laboratories engaged in testing and listing portable fire extinguishers or pre-engineered systems may be considered a “nationally recognized testing laboratory” for purposes of Sections 633.065(1)(b), 633.071(2) and 633.083(2), F.S. Underwriters’ Laboratories, Inc. and Factory Mutual Laboratories, Inc. are already nationally recognized by the Legislature by virtue of their being named in the above-referenced statutory sections.

Specific Authority 633.01 FS. Law Implemented 633.065(1)(b), 633.071(2), 633.083(2) FS. History–New 2-7-89, Amended 10-20-93, Formerly 4A-21.401.

69A-21.402 Criteria for Recognition by the State Fire Marshal as a “Nationally Recognized Testing Laboratory” for Portable Fire Extinguishers or Pre-engineered Systems.

(1) The applicant testing laboratory shall comply in general with the definitions and requirements contained in subsection 69A-3.009(9), F.A.C., and 29 CFR 1910.7, dated July 1, 1992, which is hereby adopted and incorporated by reference.

(2) The applicant laboratory shall maintain a follow-up inspection program to confirm that the manufacturer is providing the controls, inspections, and tests necessary to assure that all current manufactured extinguishers will meet the laboratory’s testing standards. This follow‑up inspection shall occur no less than once each six months for the first two years and once each year thereafter.

Specific Authority 633.01 FS. Law Implemented 633.01, 633.065(1)(b), 633.071(2), 633.083(2) FS. History–New 2-7-89, Amended 10-20-93, Formerly 4A-21.402.

69A-21.403 Application Procedure.

(1) The application by a testing laboratory for recognition by the State Fire Marshal as a “nationally recognized testing laboratory” shall not be on any particular form but shall include all of the information and material requested in subsection (2), below.

(2)(a) The address and telephone number of the main facility and all branch offices;

(b) A current organizational chart showing the relationship between administration, operation, and quality control;

(c) Resumes of the education and experience of key personnel;

(d) A floor plan of the main facility and all branch offices indicating location of the equipment used for testing portable fire extinguishers or pre-engineered systems;

(e) A list of all equipment used to test portable fire extinguishers or pre-engineered systems, identified by manufacturer, model number and serial number; detailed plans and specifications shall be submitted on any testing equipment fabricated by the applicant;

(f) Procedures for selecting, receiving, storage, handling, and shipping of test specimens;

(g) Test standards and procedures most frequently used;

(h) Method and frequency of test equipment calibration;

(i) Procedure for safekeeping of records and files;

(j) Copies of all data sheets and test report forms;

(k) Facsimiles of all contracts executed between the testing laboratory and portable extinguisher or pre-engineered system clients;

(l) Procedure for periodic updating of the report;

(m) Method of distributing test reports and certifications, including an indication of who may obtain copies of the final reports and how the reports may be obtained;

(n) A copy of the laboratory’s partnership agreement, if a partnership, or of the articles of incorporation, if a corporation, and a copy of any by-laws;

(o) A list of all the portable fire extinguishers or pre-engineered systems presently listed by the testing laboratory showing the manufacturer and the model number;

(p) Copies of the test reports on all listed portable extinguishers or pre‑engineered systems which must be in sufficient detail to provide for complete verification and evaluation of the operations and objectives, and must include the signature of personnel performing the test and must also include the name of the supervisory engineer;

(q) Whether the applicant testing laboratory has been recognized as a “nationally recognized testing laboratory” by any other state or by an organized, voluntary recognition organization such as the National Voluntary Laboratory Association Program and whether recognition by any other state or organization has been denied;

(r) How long the applicant testing laboratory has tested portable extinguishers or pre-engineered systems;

(s) A notarized statement of independence which shall state that, with reference to the laboratory’s testing of portable extinguishers or pre-engineered systems:

1. There are no managerial affiliations with any producer, supplier, or vendor;

2. There are no securities investments in any portable extinguisher or pre-engineered systems product line;

3. The employment security of personnel is free from influence by any producer, supplier or vendor of portable extinguishers or pre-engineered systems;

4. There are no stock options in any portable extinguisher or pre-engineered systems product line;

5. The laboratory is not owned, operated, or controlled by any producer, supplier, or vendor of portable extinguishers or pre-engineered systems.

(3) Upon receipt of a complete application, the State Fire Marshal shall either accept or deny the application. If the application is accepted, the State Fire Marshal shall notify the laboratory and enter the laboratory on its list of acceptable testing laboratories. If the application is denied, the State Fire Marshal shall notify the applicant in writing, stating the reasons for denial and informing the applicant of its rights under Chapter 120, F.S.

(4)(a) Testing laboratories recognized as “nationally recognized” may be subject to random, unannounced inspections to verify the adequacy of their facilities.

(b) Testing laboratories accepted as “nationally recognized” are required to notify the State Fire Marshal within 30 days of any of the following:

1. Change in the company name or the company address;

2. Changes in any major test equipment;

3. Establishment of a new branch office or facility at which portable fire extinguishers or pre-engineered systems are to be tested;

4. Changes in principal officers, key supervisory personnel, or key testing personnel in the company.

Specific Authority 633.01 FS. Law Implemented 633.01, 633.065(1)(b), 633.071(2), 633.083(2) FS. History–New 2-7-89, Amended 10-20-93, Formerly 4A-21.403.