Fla. Admin. Code R. 69A-21.102

Current through Reg. 50, No. 222; November 13, 2024

Section 69A-21.102 - Dealer License

(1) The applicant shall submit an application on form DFS-K3-32, "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 633.304, 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 633.132, F.S., for the type license requested.

(3) A non-refundable fee as prescribed in section 633.304, 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 633.304, 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 633.304, 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 633.304, F.S., who does not want to engage in servicing, inspecting, recharging, repairing or installing halon equipment must file an affidavit on form DFS-K3-1482 (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.

MINIMUM EQUIPMENT AND FACILITIES REQUIRED PER CLASS OF LICENSE
1. Hydrostatic test equipment for high pressure testing and calibrated cylinder maintained in compliance with the requirements of Compressed Gas Association, Inc., publication CGA C-1, the edition as adopted in rule chapter 69A-3, F.A.C. DOT certification letter posted on or near the test apparatus identifying a current retester identification number issued to the facility.	A
2. Equipment for test dating United States Department of Transportation specification cylinders. Die stamps for Class A and D facilities must be a minimum of 1/4 inch and include the retester identification number issued to the facility.	A	B	C	D
3. Clock with sweep second hand or digital clock with second increments on or close to hydrostatic test apparatus.	A	B	C	D
4. CO2 receiver bulk, liquid, or cascade system for proper filling of CO2 extinguishers.	A	B
5. Conductivity tester and tags as required by NFPA 10, as adopted in rule chapter 69A-3, F.A.C.	A	B	C
6. Drying method which does not exceed 150 degrees Fahrenheit for high and low pressure cylinders in accordance with NFPA 10, as adopted in rule chapter 69A-3, F.A.C., and the manufacturer's specifications.	A	B	C	D
7. Proper wrenches with non-serrated jaws or valve puller, hydraulic or electric.	A	B	C	D
8. Appropriate inspection light.	A	B	C	D
9. Low pressure test apparatus for the licenses held, with gauges certified accurate in compliance with the requirements of Compressed Gas Association, Inc., publication CGA-C1, the edition as adopted in rule chapter 69A-3, F.A.C., and maintained in accordance with the requirements of the said CGA-C1. United States Department of Transportation certification letter posted on or near the test apparatus identifying the current retester identification number issued to the facility.	A	B	C	D
10. All record tags, service, hydrotest, 6 year maintenance, as required by rule chapter 69A-21, F.A.C., 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, as adopted in rule chapter 69A-3, F.A.C.	A	B	C	D
11. Scales with division of not more than 1/4 ounce with adequate weighing capacity for weighing CO2 cartridges, must be certified annually or tested for accuracy annually by a service agency in accordance with the provisions of chapter 531, F.S.	A	B	C	D
12. Scales with adequate weighing capacity for extinguisher inspection and filling must be certified annually or tested for accuracy annually by a service agency in accordance with the provisions of chapter 531, F.S.	A	B	C	D
13. Vise, 6 inch minimum (chain or bench).	A	B	C	D
14. Supply of chemicals in accordance with manufacturer's specifications in proper storage for all extinguishers and systems being serviced.	A	B	C	D
15. Facilities for leak testing of pressurized extinguishers and preengineered system cylinders in accordance with the manufacturer's specifications.	A	B	C	D
16. Pressure gauges shall be calibrated in accordance with Section 4-5.4.2, NFPA 10, as adopted in rule chapter 69A-3, F.A.C.	A	B	C	D
17. Adapters, fittings and equipment for properly servicing and/or recharging all extinguishers and preengineered systems cylinders being serviced and recharged.	A	B	C	D
18. Safety cage or barrier for hydrostatic testing of low pressure cylinders.	A	B	C	D
19. Scales with divisions of not more than 1/2 pound and minimum 150 pounds for weighing chemical recharging. Must be certified annually or tested for accuracy annually in accordance with the provisions of chapter 531, F.S.	A	B	C	D
20. Cable crimping tool (where required) for preengineered systems being installed and serviced in accordance with the manufacturer's specifications.				D
21. Cocking lever (where required) for preengineered systems being installed and serviced in accordance with the manufacturer's specifications.				D
22. Pipe vise, dies, reamer, etc., for preengineered systems being installed and serviced in accordance with the manufacturer's specifications.				D
23. Stock of supplies for extinguishers and/or preengineered systems being installed and serviced in accordance with the manufacturer's specifications.	A	B	C	D
24. Installation, maintenance and recharge manuals for extinguishers and preengineered systems being inspected, serviced and installed.	A	B	C	D
25. Closed recovery system for reusing dry chemical in accordance with NFPA 10, as adopted in rule chapter 69A-3, F.A.C.	A	B	C	D
26. NFPA 10 and NFPA 96, as adopted in Rule Chapter 69A-3, F.A.C., 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 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., and the portions of 29 Code of Federal Regulations 1900-1910 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, all as adopted in rule chapter 69A-3, F.A.C.	A	B	C
27. NFPA 12, 12A, 34, 17, 17A, 96, 2001, CGA C-1, C-6, C-6.1, C-6.3, 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 the portions of 29 Code of Federal Regulations 1900-1910 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, all as adopted in rule chapter 69A-3, F.A.C.				D
28. Closed recovery system for removal and recharge of halon as required in NFPA 10, as adopted in rule chapter 69A-3, F.A.C., or an exemption from the State Fire Marshal, as provided in section 633.304, F.S.
29. Printed invoices completed in compliance with rule 69A-21.251, F.A.C.	A	B	C	D
30. System inspection reports.				D

(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 633.304, 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 section 633.132, F.S., within 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.

Fla. Admin. Code Ann. R. 69A-21.102

Rulemaking Authority 633.104 FS. Law Implemented 633.132, 633.304 FS.

New 2-7-89, Amended 10-20-93, 10-2-96, 6-8-98, 11-21-01, Formerly 4A-21.102.