Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69A - Division of State Fire Marshal › Chapter 69A-50 - SPARKLER REGISTRATION AND TESTING › Section 69A-50.015 - Submission Procedures

Current through Reg. 50, No. 138; July 16, 2024
(1) The submission
				procedures outlined in this rule apply to those persons submitting product
				samples to the division for testing to determine whether those products meet
				the definition of sparklers as set out in section
				 791.01(8), F.S.
				Products to be sold as sparklers shall be tested and approved by the division
				before they are legal for sale. It is not necessary for each person wishing to
				sell a particular item to submit that item personally. Rather, it is only
				necessary that the particular item be submitted by someone for testing.
				Processing of the submitted product samples is subject to the provisions of
				chapter 120, F.S., including section
				 120.60, F.S.
(2) Five (5) samples of each product shall be
				submitted for testing. The State Fire Marshal, however, reserves the right to
				request additional samples up to a maximum of ten (10), if needed, to determine
				whether the product conforms to the standards set forth in Section
				 791.01, F.S. Samples shall be
				accompanied by Form DFS-K3-362,
http://www.flrules.org/Gateway/reference.asp?No=Ref-05903
,
				entitled "Request for Sparkler Analysis," revised 9/15, which is hereby adopted
				and incorporated by reference. Copies of Form DFS-K3-362 are available from the
				Bureau of Fire and Arson Investigations, 200 East Gaines Street, Tallahassee,
				Florida 32399-0300. The "Request for Sparkler Analysis" form shall be
				accurately completed. The form shall be accompanied by a letter of approval
				issued by the United States Department of Transportation with an identifying
				"Ex" number on the product and a chemical composition laboratory report issued
				in compliance with 49 CFR Parts 100-177, October 1, 2014 Edition, which is
				hereby adopted and incorporated by reference, and available from the internet
				at
http://www.gpo.gov/fdsys/pkg/CFR-2014-title49-vol2/pdf/CFR-2014-title49-vol2.pdf
.
(3) Samples of products submitted for
				analysis shall be sent prepaid to: Bureau of Forensic Fire and Explosives
				Analysis, 38 Academy Drive, Havana, Florida 32333.
(a) Each shipping container shall include an
				accurately completed Form DFS-K3-362, as incorporated in subsection
				 69A-50.015(2),
				F.A.C., listing each sample product within the container. Each sample listed on
				the Form DFS-K3-362 shall contain the name of the sample product as printed on
				the product.
(b) A chemical
				composition laboratory report issued in compliance with 49 CFR Parts 100-177,
				current edition adopted in subsection
				 69A-50.015(2),
				F.A.C., and a letter of approval issued by the United States Department of
				Transportation with an identifying "Ex" number shall be attached to Form
				DFS-K3-362 for each sample product in the shipping container.
(c) Each shipping container of sample
				products submitted for analysis shall be properly labeled on the exterior of
				the shipping container with the sender's name, company, certificate of
				registration number, and return address.