The proposed rulemaking seeks to amend Rule 61C-5.001, F.A.C, in order to update and revise the rule to adopt and incorporate by reference ASME A17.1-2019, Safety Code for Elevators and Escalators; ASME A17.3-2020, Safety ....

 

DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION

Division of Hotels and Restaurants

RULE NO.:RULE TITLE:

61C-5.001Safety Standards

PURPOSE AND EFFECT: The proposed rulemaking seeks to amend Rule 61C-5.001, F.A.C, in order to update and revise the rule to adopt and incorporate by reference ASME A17.1-2019, Safety Code for Elevators and Escalators; ASME A17.3-2020, Safety Code for Existing Elevators and Escalators; and ASME A18.1-2020 Safety Standard for Platform Lifts and Stairway Chairlifts, to coincide with the adoption of the same standards in the 8th edition of the Florida Building Code.

SUMMARY: The proposed rulemaking amends Rule 61C-5.001, F.A.C., in order to update and revise the rule to adopt and incorporate by reference ASME A17.1-2019, Safety Code for Elevators and Escalators; ASME A17.3-2020, Safety Code for Existing Elevators and Escalators; and ASME A18.1-2020 Safety Standard for Platform Lifts and Stairway Chairlifts, to coincide with the adoption of the same standards in the 8th edition of the Florida Building Code.

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, F.S.

LAW IMPLEMENTED: 399.02, 399.03, F.S.

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: Kasimira Kelly, 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) No Change

(2) The following safety standards for elevators, escalators, dumbwaiters, and moving walks are hereby adopted and incorporated by reference, effective December 31, 20232020:

(a) For elevators, escalators, dumbwaiters, and moving walks: ASME A17.1-2016, Safety Code for Elevators and Escalators. The following parts of ASME A17.1-2016, Safety Code for Elevator and Escalators, are hereby excluded and not incorporated herein by reference:

1. ASME A17.1-2019, Safety Code for Elevators and Escalators, with the following exclusions:

The following parts of ASME A17.1-2019 are specifically excluded from adoption:  

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

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

c.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.

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

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

f.6. Parts 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.

2. ASME A17.3-2020, Safety Code for Existing Elevators and Escalators, with the following exclusions and changes:

a. The following part of ASME A17.3-2020 is specifically excluded from adoption:

Part X, relating to private residence elevators.

b. The effective dates for the following parts of ASME A17.3-2020 are changed:

(I) The effective date for Part 3.10.12 of ASME A17.3-2020 is changed from December 31, 2023, to August 1, 2025. All elevators must comply with Part 3.10.12 beginning August 1, 2025.

(II) The effective date for Parts 3.8.5, 3.10.13, 3.10.14, 3.13.1, and 3.13.2 of ASME A17.3-2020 is changed from December 31, 2023, until August 1, 2028. All elevators must comply with Parts 3.8.5, 3.10.13, 3.10.14, 3.13.1, and 3.13.2 beginning August 1, 2028.

(b) ASME A17.3-2015, Safety Code for Existing Elevators and Escalators. The following part of ASME A17.3-2015, Safety Code for Existing Elevator and Escalators, is hereby excluded and not incorporated herein by reference:

Part X, relating to private residence elevators.

All elevators covered by Chapter 399, F.S., must be in compliance with part 3.10.12 of ASME A17.3-2015, Safety Code for Existing Elevators and Escalators by December 31, 2023.

(b) For stairway chairlifts and inclined or vertical wheelchair lifts:

ASME A18.1-2020, Safety Standard for Platform Lifts and Stairway Chairlifts.

(3) The following safety standard for stairway chairlifts and inclined or vertical wheelchair lifts is hereby adopted and incorporated by reference, effective December 31, 2020:

ASME A18.1-2017, Safety Standard for Platform Lifts and Stairway Chairlifts.

(3)(4) “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.

Rulemaking Authority 399.02, 399.10 FS. Law Implemented 399.02, 399.03 FS. History–New 10-20-63, Amended 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, 1-11-18, 3-23-21, _______.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Steven von Bodungen

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Melanie S. Griffin

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: 10/30/2023

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: 09/14/2023