Florida Administrative Code › 5 - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES › 5J - Division of Consumer Services › Chapter 5J-21 - MOTOR FUEL SPECIFICATIONS AND STANDARDS › Section 5J-21.005 - Inaccurate Measuring Devices

Current through Reg. 50, No. 138; July 16, 2024
(1) For the
				purpose of Section 525.07, F.S., and this rule, the
				term "short measure" shall mean the overregistering of fuel by a petroleum fuel
				measuring device.
(2) If any
				petroleum fuel measuring device is found to be underregistering fuel in excess
				of the specifications and tolerances established by the department in Rule
				5J-21.007, F.A.C., the inspector
				shall give in writing the operator or owner of the device up to seven days to
				fix or adjust the device.
(3) If
				any petroleum fuel measuring device is found to be overregistering fuel in
				excess of the specifications and tolerances established by the department in
				Rule 5J-21.007, F.A.C., the device
				shall be placed out-of-service by the department through issuance of a Stop Use
				Order, and prohibited from further use. Such measuring devices placed
				out-of-service for inaccuracy shall be rendered inoperative either by removal
				or by the locking of working parts with lead and wire seal and shall not be put
				back in service without reinspection or the written consent of the
				department.
(4) All persons and
				service agencies that repair or install petroleum fuel measuring devices must
				register with the department on FDACS-10990, Weights and Measures Device
				Mechanic Registration Application, Rev. 02/17, as incorporated by reference in
				Rule 5J-22.003, F.A.C. Any such
				registered person or service agency must immediately notify the department at
				(850)921-1545, or by email at Standards-Field@fdacs.gov, or by fax at
				(850)921-1548, after any repairs and/or adjustments to any petroleum measuring
				devices have been made. Failure of a registered meter mechanic or service
				agency to notify the department after any repairs and/or adjustments to any
				petroleum measuring devices that have been made as required is subject to
				administrative penalties as enumerated in Rule
				5J-21.008, F.A.C. In order to
				make application for registration as an authorized meter mechanic you must:
(a) Maintain a test measure of appropriate
				size according to the National Institute of Standards and Technology (NIST)
				Handbook 44, as incorporated by reference in Rule
				5J-22.002, F.A.C., that has been
				calibrated with standards traceable to NIST, pursuant to Section
				525.07(9),
				F.S.
(b) Maintain a sealing iron
				bearing at least the registered mechanic's name or initials that are on file
				with the Department. Use said sealing iron to imprint security seals each time
				a seal is required to be installed, replaced or affixed.
(c) Have proof of at least one year of
				experience working as a meter mechanic. If such applicant does not possess one
				year of experience working as a meter mechanic, the applicant may work for a
				service agency that repairs or installs petroleum fuel measuring devices that
				is currently registered with the Department.
(d) Annually apply in person at the Florida
				Department of Agriculture and Consumer Services, Division of Consumer Services,
				Bureau of Standards, 2005 Apalachee Parkway, Tallahassee, FL 32399, or submit
				the following documents to the department via email at
				Standards-Field@fdacs.gov or by Fax (850-921-1548): FDACS-10990, Weights and
				Measures Device Mechanic Registration Application, Rev. 02/17, a current
				calibration report for the test measure(s) meeting the requirement listed in
				paragraph (4)(a) of this rule, a picture of the sealing iron bearing at least
				the registered mechanics name or initials, and proof of at least one year of
				experience working as a meter mechanic or proof of working for a service agency
				currently registered with the department that repairs or installs petroleum
				fuel measuring devices. The review of current rules and regulations is also
				required and shall be accomplished by viewing an online presentation found at
https://www.fdacs.gov/Business-Services/Petroleum-Inspection
.
				Information regarding the department-provided presentation may be obtained by
				contacting the department at (850)921-1545.