The purpose of this rule development is to adopt a single fee for certificate of operation annual license renewals, effective with the August 1, 2007 renewal cycle; clarify application for permit to alter and permit extension requirements; clarify ...

DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION
Division of Hotels and Restaurants

RULE NO: RULE TITLE
61C-5.006: Elevator Fees; Construction and Alteration Permits; Annual Certificates of Operation; Delinquency Fee; Temporary Operation Permits Certificate Replacement
PURPOSE AND EFFECT: The purpose of this rule development is to adopt a single fee for certificate of operation annual license renewals, effective with the August 1, 2007 renewal cycle; clarify application for permit to alter and permit extension requirements; clarify certificate of operation annual license renewal requirements; and to create consistency between the rule language and statutes.
SUMMARY: This rule amendment addresses fee and documentation requirements for certificate of operation annual license renewals; application for permit to alter and permit extension requirements; and creates consistency between the rule language and statutes.
SUMMARY OF ESTIMATED REGULATORY COSTS: No Statement of Estimated Regulatory Cost was prepared.
Any person who wishes to provide information regarding a statement of estimated regulatory costs, or provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.
SPECIFIC AUTHORITY: 399.03, 399.07, 399.10 FS.
LAW IMPLEMENTED: 399.03, 399.061, 399.07 FS.
IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE SCHEDULED AND ANNOUNCED IN FAW.
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: John Calpini, Bureau Chief, Department of Business and Professional Regulation, Division of Hotels and Restaurants, Bureau of Elevator Safety, 1940 North Monroe Street, Tallahassee, FL 32399-1012; Telephone: [phone]

THE FULL TEXT OF THE PROPOSED RULE IS:

61C-5.006 Elevator Fees; Construction and Alteration Permits; Annual Certificates of Operation; Delinquency Fee; Temporary Operation Permits Certificate Replacement.

(1) Application for elevator permit to install erect or relocate move an elevator shall be accompanied by a fee of $250 plus the appropriate fee specified in section 61C-5.006(4)(a), Florida Administrative Code. Every permit issued becomes invalid unless the work authorized by such permit is commenced within 6 months 1 year after issuance, orf if the work authorized by such permit is suspended or abandoned for a period of 60 days 1 year after the time the work is commenced., provided that, Ffor good cause, one or more extensions of time, for periods not exceeding 90 days each may be allowed. Such extensions shall be in writing and signed by the director of the Division of Hotels and Restaurants or his designee. The following grounds for extension shall constitute good cause for the granting of an extension:

(a) An extension of time shall be granted due to delays in construction, including delay arising from the non-availability of parts necessary to complete construction; the occurrence of a natural disaster or civil disturbance; the injury, illness, or death of an involved material party to the construction; or other hardship as approved by the director; except when the director or his designee determines that the delay is the fault of the contractor or applicant, or where the delay results from failure to diligently pursue construction.

(b) An extension of time shall be granted due to delays caused by the injury, illness or death of an involved material party to the construction.

(c) The director shall also grant an extension of time where failure to grant the requested extension will impose hardship on the party requesting the permit; except when the director or his designee determines that the necessity for the extension is due to the party’s own negligence and the necessity for the extension would have been avoided by the party’s exercise of due diligence.

(2) Application for elevator permit to alter an elevator shall be accompanied by a fee of $200. Each application for alteration shall also be accompanied by a list of the alterations to be performed under the permit.

 (3) The annual license renewal period of certificates of operation commences on August 1 of each year. A renewal application for a certificate of operation filed with the division after August 1 of each year must be accompanied by a delinquency fee of $50 in addition to the annual renewal fee and any other fees required by law. For the purpose of this section, All all certificates of operation will expire on July 31, at 11:59 p.m. of each year. Applications and fee payments for renewal of certificates of operation not postmarked or received before paid by August 1 of each year will be deemed delinquent. The following items are required for renewal and must be submitted to the Bureau of Elevator Safety prior to issuance of a renewal certificate of operation:

(a) Proof of a current satisfactory inspection;

(b) Those elevators or other conveyances not requiring an inspection pursuant to Section 399.061(1)(a), Florida Statutes, shall annually submit proof of a current satisfactory inspection or an attestation to the presence of a current service maintenance contract as defined in Section 399.01(10), Florida Statutes, which is in compliance with Rule 61C-5.013, Florida Administrative Code, including the date of the most recent routine examination. The duration of the service maintenance contract shall equal or exceed the license renewal period;

(c) The annual license renewal fee and any other fees required by law; and

(d) A delinquent certificate of operation renewal application must be accompanied by a delinquency fee of $50 in addition to the annual license renewal fee and any other fees required by law.

(4)(a) The annual Annual certificate of operation fee fees for elevators are based on whether or not a service maintenance contract to insure safe elevator operation is consistently in force. In addition, The fee shall be $45 for each elevator class as follows based on the following schedules:

 

TYPE OF INSTALLATION	CLASS	TYPE OF INSTALLATION	CLASS
Traction Passenger	01	LU/LA (Limited Use/Limited Application)	09
Hydraulic Passenger	02	Dumbwaiter	10
Traction Freight	03	Escalator	12
Hydraulic Freight	04	Sidewalk Elevator	14
Hand Power Passenger	05	Material Lift/Dumbwaiter with Automatic Transfer Device	15
Hand Power Freight	06	Special Purpose Personnel Elevator	16
Moving Walk	07	Inclined Stairway Chairlift	17
Inclined Lift	08	Inclined & Vertical Wheelchair Lift	18

 

This fee applies to all annual certificate of operation renewals beginning with the 2007-2008 license renewal cycle.

(b) The fee for annual certificate of operation renewals preceding the 2007-2008 license renewal cycle shall be based on the following schedules:

1.(a) Fees based on type of installation and number of landings. Hand-operated, electric, hydraulic passenger and freight elevators, escalators, side walk elevators, power operated dumbwaiters, material lifts and dumbwaiters with automatic transfer devices, inclined stairway chairlifts, inclined and vertical wheelchair lifts and inclined elevators.

 

NUMBER OF LANDINGS	FEES UNDER SERVICE MAINTENANCE CONTRACT	FEE NO SERVICE MAINTENANCE CONTRACT
Elevators serving 0-2 landings	$32	$72
Elevators serving 3-5 landings	$36	$77
Elevators serving  6-10 landings	$41	$81
Elevators serving 11-15 landings	$45	$86
Elevators serving over 15 landings	$45	$90

 

2.(b) Fee based on type of installation, regardless of the number of landings:

 

TYPE OF INSTALLATION	FEES UNDER SERVICE MAINTENANCE CONTRACT	FEE NO SERVICE MAINTENANCE CONTRACT
Special purpose Elevators, Manlifts, Moving Walks	$45	$90

 

(c) Fee for Temporary Operating Permits $100. The permit shall be issued for a period not to exceed 30 days.

(5) through (6) No change.

Specific Authority 399.03(2), 399.07(1) 399.07(1)(d), 399.07(2)(d), 399.10 FS. Law Implemented 399.03, 399.061, 399.07 399.07(1)(d), 399.07(2)(d) FS. History–New 8-21-79, Amended 11-20-79, 10-8-81, 4-21-82, 8-1-82, 11-27-83, 9-19-84, 10-8-85, Formerly 7C-5.06, Amended 10-31-88, 7-1-92, 10-11-92, Formerly 7C-5.006, Amended 2-2-94, 1-1-98, 5-24-01,_________.

NAME OF PERSON ORIGINATING PROPOSED RULE: John Calpini, Bureau Chief, Division of Hotels & Restaurants, Department of Business & Professional Regulation
NAME OF SUPERVISOR OR PERSON WHO APPROVED THE PROPOSED RULE: Simone Marstiller, Secretary, Department of Business and Professional Regulation
DATE PROPOSED RULE APPROVED BY AGENCY HEAD: October 12, 2006
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: July 21, 2006