The purpose and effect of the proposed rule amendments is to update and revise Rule 61C-5.001, F.A.C., to adopt and incorporate by reference ASME A17.1-2016, Safety Code for Elevators and Escalators; ASME A17.3-2015, Safety ....

 

DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION

Division of Hotels and Restaurants

RULE NO.:RULE TITLE:

61C-5.001Safety Standards

PURPOSE AND EFFECT: The purpose and effect of the proposed rule amendments is to update and revise Rule 61C-5.001, F.A.C., to adopt and incorporate by reference ASME A17.1-2016, Safety Code for Elevators and Escalators; ASME A17.3-2015, Safety Code for Existing Elevators and Escalators; and ASME A18.1-2017, Safety Standard for Platform Lifts and Stairway Chairlifts, which will be enforced by the 7th edition of the Florida Building Code, and remove unnecessary language.

SUMMARY: The proposed rulemaking amends Rule 61C-5.001, F.A.C., in order to update and revise the rule to adopt and incorporate ASME A17.1-2016, Safety Code for Elevators and Escalators; ASME A17.3-2015, Safety Code for Existing Elevators and Escalators; and ASME A18.1-2017, Safety Standard for Platform Lifts and Stairway Chairlifts by reference.

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, 399.03, 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) No change.

(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;

(a)(b) ASME A17.1-20163, Safety Code for Elevators and Escalators, effective January 1, 2021December 31, 2017. The following parts of ASME A17.1-20163, 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. Parts 5.9, 8.6.7.9, and 8.7.5.9 relating to mine elevators.

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

6. Parts 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) ASME A17.3-1996, Safety Code for Existing Elevators and Escalators, effective March 15, 2012.

(b) ASME A17.3-2015, Safety Code for Existing Elevators and Escalators, effective January 1, 2021. 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.

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

ASME A18.1-201708, Safety Standard for Platform Lifts and Stairway Chairlifts, effective January 1, 2021March 15, 2012.

(4) No change.

Rulemaking Authority 399.02, 399.10 FS. Law Implemented 399.02, 399.03 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, 1-11-18, ________.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Steven Von Bodungen, Director, Division of Hotels and Restaurants, Department of Business and Professional Regulation.

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

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: December 21, 2020

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: November 18, 2020