To capture compliance with ASME A17.7 with permit applications, clarify elevator cab changes requiring an alteration permit, require an inspection to close an alteration permit, and adopt updated forms.

 

DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION

Division of Hotels and Restaurants

RULE NO.:RULE TITLE:

61C-5.006Elevator Fees; Permits; Certificates of Operation; Delinquency Fee; Transfer of Ownership; Certificate Replacement

PURPOSE AND EFFECT: To capture compliance with ASME A17.7 with permit applications, clarify elevator cab changes requiring an alteration permit, require an inspection to close an alteration permit, and adopt updated forms.

SUMMARY: The proposed rule adopts updated applications and the Affidavit of Elevator Plans Code Compliance, specifies when elevator cab alterations require a permit, requires inspections to close alteration permits and corrects a rule citation.

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, 399.03, 399.07(1), 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 THE FAR.

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Michelle Comingore, Division of Hotels and Restaurants, Department of Business and Professional Regulation, 1940 North Monroe Street, Tallahassee, Florida 32399, [phone]. [e-mail]

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

61C-5.006 Elevator Fees; Permits; Certificates of Operation; Delinquency Fee; Transfer of Ownership; Certificate Replacement.

(1)(a) A registered elevator company shall apply for a permit to install, alter or relocate an elevator by submitting DBPR HR-7015, APPLICATION FOR PERMIT TO INSTALL, ALTER OR RELOCATE AN ELEVATOR AND CERTIFICATE OF OPERATION, (https://flrules.org/Gateway/reference.asp?No=Ref-04740 02245) incorporated herein by reference and effective 2014 August 1 October 24, 2012; and DBPR HR-7023, AFFIDAVIT OF ELEVATOR PLANS CODE COMPLIANCE, (https://flrules.org/Gateway/reference.asp?No=Ref-0473902246) incorporated herein by reference and effective 2014 August 1 October 24, 2012, completed and signed by a certificate of competency holder or certified elevator inspector authorized by the registered elevator company making application. Any remodel, change to or addition of fixtures or components in the elevator cab that requires a test under ASME A17.1, as adopted in Rule 61C-5.001, F.A.C., or meets the definition of an alteration, as defined in Section 399.01(1), F.S., requires an alteration permit. A replacement, as defined in Rule 61C-5.008, F.A.C., does not require an alteration permit.

1. Each application for a permit to install or relocate an elevator must be accompanied by a permit fee of $250 and the certificate of operation fee specified in subsection 61C-5.006(4) 61C-5.006(4)(a), F.A.C.

2. Each application for a permit to alter must be accompanied by a permit fee of $200 and a list of the alterations to be performed under the permit.

(b) through (d) No change.

(e) The permit is satisfied and closed upon the completion of a satisfactory initial acceptance inspection or alteration acceptance inspection performed in compliance with Chapter 399, F.S., and this rule chapter.

(2)(a) through (b) No change.

(c) If the initial certificate of operation is issued to a person other than the owner taking possession of the building, the building owner or an authorized representative must apply for a change of owner within 30 days of taking possession of the building by submitting DBPR HR-7025, APPLICATION FOR CERTIFICATE OF OPERATION OR CHANGE OF OWNER, (https://flrules.org/Gateway/reference.asp?No=Ref-0474102248) incorporated herein by reference and effective 2014 August 1 October 24, 2012. However, if the certificate of operation will expire within 90 days of the owner taking possession of the building, the elevator owner shall apply for a renewal as described in subsection (3) in lieu of a change of owner.

(3) through (8) No change.

Rulemaking Authority 399.02, 399.03, 399.07(1), 399.10 FS. Law Implemented 399.03, 399.061, 399.07 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, 9-17-07, 4-21-13,_________.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Diann Worzalla, 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: September 24, 2014

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: August 7, 2014