The purpose and effect of the proposed rule is to define a major modification as it relates to the limitation on the Phase II Firefighters’ Service exemption enacted by Chapter 2010-110, Laws of Florida, correct a statute citation, accurately ...

DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION
Division of Hotels and Restaurants

RULE NO.: RULE TITLE:
61C-5.008: Definitions
PURPOSE AND EFFECT: The purpose and effect of the proposed rule is to define a major modification as it relates to the limitation on the Phase II Firefighters’ Service exemption enacted by Chapter 2010-110, Laws of Florida, correct a statute citation, accurately reflect requirements and eliminate confusing terminology.
SUMMARY: The proposed rule defines what constitutes a major modification, as used in Section 399.02(9), Florida Statutes, which would require an elevator to comply with the Phase II Firefighters’ Service requirements. The proposed rule also amends the definitions to specify a course instructor teaches or leads a continuing education course; that current satisfactory inspections must be completed by certified elevator inspectors; state the type of renewal application that requires a current satisfactory inspection; and update a statute citation to conform to changes made by Chapter 2010-110, Laws of Florida.
OTHER RULES INCORPORATING THIS RULE: None
EFFECT ON THOSE OTHER RULES: N/A
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: 399.01, 399.02, 399.07 FS.
LAW IMPLEMENTED: 399.01, 399.02, 399.061, 399.07, 399.13 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], E-mail: [e-mail]

THE FULL TEXT OF THE PROPOSED RULE IS:

61C-5.008 Definitions.

When used in this rule chapter, the following terms shall have these meanings:

(1) through (4) No change.

(5) “Course instructor” means the person appointed by the course provider to teach or otherwise lead actually conduct an approved course.

(6) “Current satisfactory inspection” means an inspection completed by a certified elevator inspector on or after August 1 of the previous year that is the most recent annual inspection conducted prior to submission of the current application for renewal and that contains no violations.

(7) “Direct supervision” means a certificate of competency holder supervising an elevator helper as set forth in Section 399.01(15)(16), F.S., is within physical proximity of the person being directly supervised such that timely observation and evaluation of the work being performed is facilitated to ensure the work is completed in accordance with applicable statutory and administrative code requirements.

(8) “Major modification” as used in Section 399.02(9), F.S., means any change in the type of service, motion control, or operation control; any alteration to the controller or the firefighters’ emergency operation; or the addition of an elevator to an existing group of elevators as described in ASME A17.1, Section 8.7, as adopted by reference.

(9) “Replacement” as the term relates to alterations, means the removal of a device, component or subsystem in its entirety and installation of an equivalent device, component, or subsystem that performs in the same manner and does not require modification or a rating change to the existing equipment, add new functionality, or violate any provision of Chapter 399, F.S., this rule, or the elevator safety codes adopted in Rule 61C-5.001, F.A.C.

(10)(8) “Session” means each distinct occasion a course is conducted.

(11)(9) “Syllabus” means a detailed outline of the course content to a level of detail that sufficiently demonstrates the relevance required by subsection 61C-5.008(3), F.A.C.

Rulemaking Specific Authority 399.01, 399.02. 399.07 FS. Law Implemented 399.01(17), 399.02, 399.061, 399.07 FS. History–New 11-9-06, Amended________.

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: November 2, 2011
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: July 30, 2010