Florida Statutes 633.314 – Sale or use of certain types of fire extinguishers prohibited; penalty
Current as of: 2023 | Check for updates
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(1)(a) It is unlawful to have for use any of the following types of fire extinguishers:
1. Carbon tetrachloride;
2. Chlorobromomethane;
3. Dibromodifluoromethane (commonly known as Halon 1202);
4. Dichlorodifluoromethane;
5. Azeotropic chloromethane;
6. 1,2 dibromo-2-chloro-1, 1,2 trifluoroethane;
7. 1,2 dibromo-2, 2-difluoroethane;
8. Methyl bromide;
9. Ethylene dibromide;
10. Hydrogen bromide;
11. Methylene bromide;
12. Bromodifluoromethane;
13. Any other toxic or poisonous vaporizing liquid fire extinguishers using extinguishing agents determined by the State Fire Marshal to be unacceptably harmful; and
14. Inverting water fire extinguishers.
Attorney's Note
Under the Florida Statutes, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| misdemeanor of the second degree | up to 60 days | up to $500 |
Terms Used In Florida Statutes 633.314
- Fire extinguisher: means a cylinder that:(a) Is portable and can be carried or is on wheels. See Florida Statutes 633.102
- person: includes individuals, children, firms, associations, joint adventures, partnerships, estates, trusts, business trusts, syndicates, fiduciaries, corporations, and all other groups or combinations. See Florida Statutes 1.01
- Sale: means the act of selling; the act whereby the ownership of property is transferred from one person to another for a sum of money or, loosely, for any consideration. See Florida Statutes 633.102
- Use: means application, employment; that enjoyment of property which consists of its employment, occupation, exercise, or practice. See Florida Statutes 633.102
(b) It is unlawful to offer for sale, sell, or give in this state any of the types of fire extinguishers listed in paragraph (a).
(2) It is unlawful for any person, directly or through an agent, to sell, offer for sale, or give in this state any make, type, or model of fire extinguisher, either new or used, unless such make, type, or model of extinguisher has first been tested and is currently approved or listed by Underwriters Laboratories, Inc., Factory Mutual Laboratories, Inc., or another testing laboratory recognized by the State Fire Marshal as nationally recognized in accordance with procedures adopted by rule, taking into account the laboratory’s facilities, procedures, use of nationally recognized standards, and any other criteria reasonably calculated to reach an informed determination, and unless such extinguisher carries an Underwriters Laboratories, Inc., or manufacturer’s serial number. Such serial number must be permanently affixed on the manufacturer’s identification and instruction plate.