NOTICE OF PROPOSED RULE

DEPARTMENT OF FINANCIAL SERVICES

Board of Funeral, Cemetery, and Consumer Services

RULE NO.: RULE TITLE:

69K-13.005 Pressure Relief Ventilation

PURPOSE AND EFFECT: In 2007, Section 497.271(2)(c), F.S., was amended to specifically provide that private or family mausoleums with all crypts bordering an exterior wall contain pressure relief ventilation from the crypts to the outside of the mausoleum through the exterior wall or roof. In 2007, the Florida Building Code Commission enacted changes to Section 430 (Mausoleums and Columbariums) and Section 515 (Mausoleum Relief Vent) of the Florida Building Code to reflect the 2007 legislative changes to Section 497.271(2)(c), F.S. The proposed Board rule adopts the provisions of those changes to the Florida Building Code.

SUMMARY: The proposed rule adopts the standards of the Florida Building Code that require family mausoleum units where all crypts are bordering an exterior wall, to have pressure relief ventilation provided from the crypt to the outside of the mausoleum through the exterior wall or roof. For all other mausoleum units, each crypt shall have a pressure relief vent from the crypt to the roof of the mausoleum.

SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COST: The agency has determined that this rule will not have an impact on small business. A SERC has not been prepared by the agency.

Any person who wishes to provide information regarding the statement of estimated regulatory costs, or to provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.

RULEMAKING AUTHORITY: 497.103(1)(m), (5)(a), 497.271(2) FS

LAW IMPLEMENTED: 497.271(2)(c) FS

IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE HELD AT THE DATE, TIME AND PLACE SHOWN BELOW (IF NOT REQUESTED, THIS HEARING WILL NOT BE HELD):

DATE AND TIME: January 12, 2010 @ 2:00 P.M.

PLACE: Alexander Building, 2020 Capital Circle, S.E., Tallahassee, Florida

Pursuant to the provisions of the Americans with Disabilities Act, any person requiring special accommodations to participate in this workshop/meeting is asked to advise the agency at least 5 days before the workshop/meeting by contacting LaTonya Bryant- Parker at (850) 413-3083 or . If you are hearing or speech impaired, please contact the agency using the Florida Relay Service 1(800)955-8771 (TDD) or 1(800)955-8770 (Voice).

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Doug Shropshire, Executive Director, Board of Funeral, Cemetery, and Consumer Services, Alexander Building, 2020 Capital Circle S.E., Tallahassee, Florida 32399-0361 (850) 413-3039 or .

THE FULL TEXT OF THE PROPOSED RULE IS:

69K-13.005 Pressure Relief Ventilation.

( Crypt pressure relief system shall comply with subsection (2) below, except that for family mausoleum units where all crypts are bordering an exterior wall, pressure relief ventilation shall be provided from the crypt to the outside of the mausoleum through the exterior wall or roof.

( Crypt relief vent. For family mausoleum units where all crypts are bordering an exterior wall, pressure relief ventilation shall be provided from the crypt to the outside of the mausoleum through the exterior wall or roof. For all other mausoleum units, each crypt shall have a pressure relief vent from the crypt to the roof of the mausoleum complying with subsection (3) below. Niches shall not require pressure relief systems.

(( Pressure relief vent. For family mausoleum units where all crypts are bordering an exterior wall, pressure relief ventilation shall be provided from the crypt to the outside of the mausoleum through the exterior wall or roof. For all other mausoleum units, each crypt shall have a pressure relief vent from the crypt to the roof of the mausoleum. The minimum nominal pipe size shall be 1 inch (25.4 mm). The system shall have a minimum of one-eighth unit vertical to 12 units horizontal (1-percent slope). The piping shall not be trapped or installed to trap water or condensate.

( Termination. Except for family mausoleum units where all crypts are bordering an exterior wall, the crypt pressure relief system shall extend through the roof and terminate at least 6 inches (152 mm) above the roof and at least 10 feet (3048 mm) from any openable opening, air intake, or property line. The termination of the relief system pipe shall be done by a roof and vent cap compatible with the relief pressure pipe. The roof and vent cap shall be waterproof. For family mausoleum units where all crypts are bordering an exterior wall, pressure relief ventilation shall be provided from the crypt to the outside of the mausoleum through the exterior wall or roof.

Rulemaking Authority 497.103(1)(m), (5)(a), 497.271(2) FS. Law Implemented 497.271(2)(c) FS. History – New ______.

NAME OF PERSON ORIGINATING PROPOSED RULE: Doug Shropshire, Executive Director, Board of Funeral, Cemetery, and Consumer Services

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Board of Funeral, Cemetery, and Consumer Services

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: December 2, 2009

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: October 23, 2009 (the Rule was incorrectly numbered as 69K-13.0031)

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