61C-5.018. Variances

(1) The division may grant variances from rule requirements when the applicant demonstrates the existence of a substantial hardship, as defined in Section 120.542(2), F.S.

(2) Variance requests must be submitted by petition as described in Section 120.542, F.S., and rules adopted thereunder. The division provides DBPR Form HR 5023-018, Petition for Variance from Rule, (https://www.flrules.org/Gateway/reference.asp?No=Ref-13538) incorporated herein by reference and effective September 2021, as an optional petition for variance. A copy of DBPR Form HR 5023-18 is available on the Division of Hotels and Restaurants website at www.MyFloridaLicense.com/dbpr/elevator-safety/; by email to [e-mail]; or upon written request to the Department of Business and Professional Regulation, Division of Hotels and Restaurants, Bureau of Elevator Safety, 2601 Blair Stone Road, Tallahassee, Florida 32399-1013. Each variance request must include the license number for the conveyance, and supportive materials and documents providing the information necessary for rendering a decision. A license number must be obtained from the division before a variance will be granted for new installations. The applicant is responsible for demonstrating a substantial hardship exists and presenting facts relevant to and supportive of the variance request.

(3) Upon consideration of the merits of each variance request, the director or designee must either grant a variance, as requested, or deny the variance request.

(4) The owner or lessee of an elevator which has a variance approved by the division is responsible for maintaining a copy of the approved variance in the machine room at the physical location of the elevator and available for review during an elevator inspection.

Rulemaking Authority 399.02, 399.10 FS. Law Implemented 399.02 FS. History–New 1-18-12, Amended 12-28-15, 11-25-21.