The proposed rule updates the elevator safety codes adopted by the division.

DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION
Division of Hotels and Restaurants

RULE NO.: RULE TITLE:
61C-5.001: Standards Adopted; Exclusions; and Conflicts
PURPOSE AND EFFECT: The proposed rule updates the elevator safety codes adopted by the division.
SUMMARY: The proposed rule adopts applicable American Society of Mechanical Engineers elevator safety codes; and removes adoption of the Florida Building Code, the inspection guide, fire safety rules, exclusions, and the conflict statement. The proposed rule provides information on obtaining materials incorporated by reference.
OTHER RULES INCORPORATING THIS RULE: 69A-47.011, F.A.C.
EFFECT ON THOSE OTHER RULES: The proposed rule will not effect Rule 69A-47.011, F.A.C., because that rule does not incorporate the 4-2-08 version of Chapter 61C-5, F.A.C., which is being amended by the proposed rule.
SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS AND LEGISLATIVE RATIFICATION:
The Agency has determined that this will not have an adverse impact on small business or likely increase directly or indirectly regulatory costs in excess of $200,000 in the aggregate within one year after the implementation of the rule. A SERC has not been prepared by the agency.
The Agency has determined that the proposed rule is not expected to require legislative ratification based on the statement of estimated regulatory costs or if no SERC is required, the information expressly relied upon and described herein: the economic review conducted by the agency.
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.
RULEMAKING AUTHORITY: 399.02, 399.10 FS.
LAW IMPLEMENTED: 399.02 FS.
IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE SCHEDULED AND ANNOUNCED IN THE FAW.
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Michelle Comingore, Operations Review Specialist, Division of Hotels and Restaurants, Department of Business and Professional Regulation, 1940 North Monroe Street, Tallahassee, Florida 32399-1011, Telephone: [phone]

THE FULL TEXT OF THE PROPOSED RULE IS:

61C-5.001 Safety Standards Adopted; Exclusions; and Conflicts.

(1) Safety Adopted Standards. The installation and maintenance of elevators, dumbwaiters, escalators, moving walks, inclined and vertical wheelchair lifts, and inclined stairway chairlifts must comply with Chapter 399, Florida Statutes (F.S.), and shall be governed by the following standards, which are hereby adopted and incorporated by reference.

(a) ASME A17.1-2007, Handbook on Safety Code for Elevators and Escalators, including ASME A17.1a-2008, Addenda to ASME A17.1-2007, and A17.1b-2009, Addenda to ASME A17.1-2007, effective March 15, 2012;

(b) ASME A17.3-1996, Safety Code for Existing Elevators and Escalators, effective March 15, 2012; and

(c) ASME A18.1-2008, Safety Standard for Platform Lifts and Stairway Chairlifts, effective March 15, 2012.

(2) Copies of ASME A17.1, ASME A17.3, and ASME A18.1 are available for purchase from the ASME, P.O. Box 2300, Fairfield, NJ 07007-2300 or through the ASME website at www.asme.org. The division maintains a copy of each of the adopted codes available for review upon request.

(a) Chapter 30, Elevators and Conveying Systems, of the 2004 Florida Building Code, including the 2006 supplements;

(b) American National Standard Guide for Inspection of Elevators, Escalators, and Moving Walks, ASME A17.2-2004; and

(c) The Uniform Fire Safety Standards for Elevators, Chapter 69A-47, F.A.C., established by the Department of Financial Services.

(2) Exclusions. This rule chapter shall not apply to manlifts, hand-operated dumbwaiters, construction hoists, or other similar temporary lifting or lowering apparatus. The following standards are specifically excluded from Chapter 30, Elevators and Conveying Systems, Florida Building Code, as incorporated by reference:

(a) ASME A90.1, American National Standard Safety Standard for Belt Manlifts;

(b) ASME B20.1, Safety Standard for Conveyors and Related Equipment; and

(c) ALI ALCTV, Safety Requirements for Automotive Lifts.

(3) When conflicts occur between provisions of the Florida Building Code and provisions of other adopted codes, the provisions of the Florida Building Code shall apply.

PROPOSED EFFECTIVE DATE: March 15, 2012.

Rulemaking Specific Authority 399.10 FS. Law Implemented 399.02 FS. History–Amended 10-20-63, 4-20-64, 11-17-73, 12-20-73, Revised 3-22-74, Amended 12-18-74, 8-21-79, 8-1-82, 9-19-84, Formerly 7C-5.01, Amended 11-1-87, 10-31-88, 6-12-89, 9-10-89, 10-3-90, 5-12-91, 6-23-91, 8-9-91, 8-27-92, Formerly 7C-5.001, Amended 2-2-94, 8-1-96, 1-1-98, 10-4-00, 4-2-08, 3-15-12.

NAME OF PERSON ORIGINATING PROPOSED RULE: Bill L. Veach, Director, Division of Hotels and Restaurants, Department of Business and Professional Regulation
NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Ken Lawson, Secretary, Department of Business and Professional Regulation
DATE PROPOSED RULE APPROVED BY AGENCY HEAD: October 17, 2011
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: July 30, 2011