To adopt the elevator safety codes included in the 6th Edition Florida Building Code as approved by the Florida Building Code Commission.

 

DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION

Division of Hotels and Restaurants

RULE NO.:RULE TITLE:

61C-5.001 Safety Standards

PURPOSE AND EFFECT: To adopt the elevator safety codes included in the 6th Edition Florida Building Code as approved by the Florida Building Code Commission.

SUMMARY: The proposed rule will require new elevator installations, alterations and maintenance to comply with adopted elevator safety codes as applicable.

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 FAR.

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Daniela Radneva, Division of Hotels and Restaurants, Department of Business and Professional Regulation, 2601 Blair Stone Road, Tallahassee, Florida 32399; [phone]; [e-mail].

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

61C-5.001 Safety Standards.

(1) Applicability Safety Standards. The safety standards adopted herein shall apply to all elevators covered by Chapter 399, F.S., as follows:

(a) The installation, alteration, relocation, and change in classification 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.), the Florida Building Code as adopted by the Florida Building Commission, and the applicable safety following standards in effect on the date of receipt of application for the permit to install, alter, relocate, or change in classification, as adopted herein which are hereby adopted and incorporated by reference. 

(b) The maintenance, repair and replacement must comply with the maintenance, repair and replacement requirements of the most recent adopted codes and the codes under which the elevator was installed, altered, relocated, or changed classification, as applicable. 

(c) Inspections and periodic test witnessing must be performed in accordance with the inspection and test requirements of the most recent adopted codes.   

(2) The following safety standards for elevators, escalators, dumbwaiters, and moving walks are hereby adopted and incorporated by reference: 

(a) ASME A17.1-2007, 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 A17.1-2013, Safety Code for Elevators and Escalators, effective December 31, 2017. The following parts of ASME A17.1-2013, Safety Code for Elevator and Escalators, are hereby excluded and not incorporated herein by reference: 

1. Parts 5.3, 8.10.5.2, and 8.11.5.2 relating to private residence elevators.

2. Parts 5.4, 8.6.7.4 and 8.10.5.2 relating to private residence inclined elevators.

3. Parts 5.8, 8.6.7.8, 8.7.5.8, 8.10.5.8, and 8.11.5.8 relating to marine elevators.

4. Part 5.9, 8.6.7.9, and 8.7.5.9 relating to mine elevators.

5. Part 5.11, 8.6.7.11, 8.10.5.14, and 8.11.5.14 relating to wind turbine tower elevators.

6. Part 5.12, 8.6.7.12, 8.7.5.10, 8.10.5.15, and 8.11.5.15 relating to outside emergency elevators.

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

(3) The following safety standard for stairway chairlifts and inclined or vertical wheelchair lifts is hereby adopted and incorporated by reference:

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

(4)(2) “ASME” is the recognized abbreviation for the American Society of Mechanical Engineers, and generally the abbreviation is used in these rules in identifying the publications of the association, which are copyrighted. It would be a violation of federal copyright law to post the materials incorporated in this rule on the Internet for public viewing. Accordingly, the public may purchase a copy of any ASME publication by writing ASME, P. O. Box 2300, Fairfield, NJ 07007-2300, or at www.asme.org. In addition, copies of the incorporated materials are available for viewing during regular business hours at the Florida Department of Business and Professional Regulation, Division of Hotels and Restaurants, located at 2601 Blair Stone Road, Tallahassee, Florida 32399 and the Florida Department of State located at R.A. Gray Building, 500 South Bronough Street, Tallahassee, FL 32399-0250. 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.

PROPOSED EFFECTIVE DATE: December 31, 2017.

Rulemaking Authority 399.02, 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, 8-21-12,__________.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Rick Akin, Director, Division of Hotels and Restaurants, Department of Business and Professional Regulation.

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Jonathan Zachem, Secretary, Department of Business and Professional Regulation.

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: September 28, 2017

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: August 30, 2017