The purpose and effect of the proposed rule is to adopt the forms for permits and certificates of operation; update permit, licensure, registration and renewal requirements; and provide a plain language update.

 

DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION
Division of Hotels and Restaurants

RULE NO.:RULE TITLE:
61C-5.006Elevator Fees; Construction and Alteration Permits; Annual Certificates of Operation; Delinquency Fee; Transfer of Ownership; Certificate Replacement
PURPOSE AND EFFECT: The purpose and effect of the proposed rule is to adopt the forms for permits and certificates of operation; update permit, licensure, registration and renewal requirements; and provide a plain language update.
SUMMARY: The proposed rule adopts the forms to apply for an elevator permit, a certificate of operation, a change of owner, and the temporary certificate of operation. The rule also requires a permit be posted onsite, specifies permit extension request requirements, adopts notification requirements for acceptance inspections, removes the requirement for a notarized statement verifying service maintenance contracts and a certificate of operation fee schedule that is no longer applicable, and updates change of owner notification requirements.
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 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 been prepared by the agency.
The proposed rule will not directly or indirectly adversely impact economic growth, private-sector job creation or employment, private-sector investment, or business competitiveness in excess of $1 million over five years. The proposed rule will increase regulatory costs on registered elevator companies by an estimated $9,901.20 annually, totaling $49,506 over five years, as result of the requirement to notify the division of the scheduled initial elevator inspections required to close a permit. Proposals to place the notification requirement on elevator inspectors were not adopted since statute places the notification responsibility on elevator permit holders.
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, Operations Review Specialist, Division of Hotels and Restaurants, Department of Business and Professional Regulation, 1940 North Monroe Street, Tallahassee, Florida 32399; [e-mail]; [phone]

THE FULL TEXT OF THE PROPOSED RULE IS:

61C-5.006 Elevator Fees; Construction and Alteration Permits; Annual 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://www.flrules.org/Gateway/reference.asp?No=Ref-02245) incorporated herein by reference and effective 2012 October 24; and DBPR HR-7023, AFFIDAVIT OF ELEVATOR PLANS CODE COMPLIANCE, (https://www.flrules.org/Gateway/reference.asp?No=Ref-02246) incorporated herein by reference and effective 2012 October 24, completed and signed by a certificate of competency holder or certified elevator inspector authorized by the registered elevator company making application.  Each aApplication for a permit to install or relocate an elevator must shall be accompanied by a permit fee of $250 and an affidavit of elevator code compliance completed and signed by a Certificate of Competency holder designated by the registered elevator company making application. tThe appropriate certificate of operation fee specified in paragraph 61C-5.006(4)(a), F.A.C., may be submitted with the application for permit to install or relocate an elevator. 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) A copy of the permit must be posted at the construction site while work is in progress.

(c) Every permit issued becomes invalid unless the work authorized by such permit is commenced within 6 months after issuance, or if the work authorized by such permit is suspended or abandoned for a period of 60 days after the time the work is commenced. For good cause, one or more extensions of time, for periods not exceeding 90 days each may be allowed after the permit holder has commenced work, ordered parts, or started construction on the elevator.  Requests for extensions of time must Such extensions shall be in writing and must include the circumstances leading to the request and the requested length of the extension.  An extension request is not approved until signed by the director of the Division of Hotels and Restaurants.

1.(a) An extension of time for good cause shall be granted due to delays in construction arising from the non-availability of parts necessary to complete construction; the occurrence of a natural disaster or civil disturbance; the injury, illness, or death of an involved material party to the construction; or other hardship as approved by the director.

2.(b) Extensions will not be granted when the director determines that the delay is the fault of the contractor or applicant; the delay results from failing to diligently pursue construction; or the necessity for the extension is due to the party’s own negligence and would have been avoided by the party’s exercise of due diligence.

(d) At least five days prior to the initial acceptance inspection, the permitholder must notify the division of the date and time of the scheduled inspection.  If the initial acceptance inspection is rescheduled, the permitholder must notify the division as soon as the new date and time is determined.  Rescheduled initial acceptance inspections are not subject to the five-day notification requirement.

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

(2)(a) Upon completion of a satisfactory initial acceptance inspection for a permit to install or relocate, the certified elevator inspector must issue a temporary certificate of operation by completing the inspector copy of DBPR Form HR 5023-005, TEMPORARY OPERATING PERMIT/TEMPORARY CERTIFICATE OF OPERATION, (https://www.flrules.org/Gateway/reference.asp?No=Ref-02247) incorporated herein by reference and effective 2012 October 8, and place it in the elevator license frame.  A temporary certificate of operation is valid for 60 days from the date of the satisfactory inspection or until receipt of the initial certificate of operation from the division, whichever occurs first. 

(b) The division will issue the initial certificate of operation upon receipt of proof of a satisfactory initial acceptance inspection.

(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://www.flrules.org/Gateway/reference.asp?No=Ref-02248) incorporated herein by reference and effective 2012 October 24.  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. 

(2) Application for permit to alter an elevator shall be accompanied by a fee of $200; an affidavit of elevator code compliance completed and signed by a Certificate of Competency holder designated by the registered elevator company making application; and a list of the alterations to be performed under the permit.

(3) The license renewal period of certificates of operation commences on August 1 of each year. All certificates of operation expire on July 31 at 11:59 p.m. of each year.  Applications and fee payments for  renewal of certificates of operation not postmarked or received before August 1 of each year will be deemed delinquent. The following items are required for renewal and must be received by the Bureau of Elevator Safety prior to issuance of a renewal certificate of operation:

(a) The certificate of operation fee; and 

(b)(a) Proof of a current satisfactory inspection; or

(c)(b) Those two-stop elevators or other conveyances not requiring an inspection pursuant to Section 399.061(1)(a), F.S., shall either have on file with the bureau verification of a valid service maintenance contract as described in Rule 61C-5.013, F.A.C., or submit proof of a current satisfactory inspection. or a notarized statement to the presence of a current service maintenance contract as defined in Section 399.01(10), F.S., which is in compliance with Rule 61C-5.013, F.A.C. The statement shall include the parties to the contract; the beginning and ending dates of the contract; and the date of the most recent routine examination. The length of the service maintenance contract shall equal or exceed the license renewal period;

(c) The license renewal fee; and

(d) A delinquent certificate of operation renewal application must be accompanied by a late delinquency fee of $50 in addition to the certificate of operation license renewal fee.

(4)(a) Until March 1, 2008, certificate of operation fees for elevators are based on whether or not a service maintenance contract to ensure safe elevator operation is consistently in force, and shall be based on the following schedules:

1. Fees based on type of installation and number of landings. Hand-operated, electric, hydraulic passenger and freight elevators, escalators, side walk elevators, power operated dumbwaiters, material lifts and dumbwaiters with automatic transfer devices, inclined stairway chairlifts, inclined and vertical wheelchair lifts and inclined elevators.

 

 

FEES UNDERFEE NO

SERVICESERVICE

NUMBER OF LANDINGSMAINTENANCEMAINTENCE

CONTRACTCONTRACT

a. Elevators serving 0-2 landings$32 $72

b. Elevators serving 3-5 landings$36$77

c. Elevators serving 6-10 landings$41$81

d. Elevators serving 11-15 landings$45$86

e. Elevators serving over 15 landings$45$90 

2. Fee based on type of installation, regardless of the number of landings: 

TYPE OF INSTALLATION	FEES UNDER SERVICE MAINTENANCE CONTRACT	FEE NO SERVICE MAINTENANCE CONTRACT
Special purpose Elevators, Manlifts, Moving Walks	$45	$90

 

 

(4)(b) Beginning March 1, 2008, certificate of operation fees will no longer be based on the existence of a service maintenance contract or the number of landings. The certificate of operation fee shall be $75 for each type of installation and class as follows:

TYPE OF INSTALLATION	CLASS	TYPE OF INSTALLATION	CLASS
Traction Passenger	01	LU/LA (Limited Use/Limited Application)	09
Hydraulic Passenger	02	Dumbwaiter	10
Traction Freight	03	Escalator	12
Hydraulic Freight	04	Sidewalk Elevator	14
Hand Power Passenger	05	Material Lift/Dumbwaiter with Automatic Transfer Device	15
Hand Power Freight	06	Special Purpose Personnel Elevator	16
Moving Walk	07	Inclined Stairway Chairlift	17
Inclined Lift	08	Inclined & Vertical Wheelchair Lift	18

 

(5) Certificate of operation renewal is the responsibility of the current elevator owner or lessee, when owner responsibilities are specifically assigned by lease. The current owner or lessee is responsible for applying for a change of owner It is the responsibility of the current owner to notify the division in writing within 30 days after transfer of ownership or lease assignment by submitting DBPR HR-7025, APPLICATION FOR CERTIFICATE OF OPERATION OR CHANGE OF OWNER.  The division will issue a A new certificate of operation will be issued to the new owner or lessee upon receipt of a completed application notification. No fee will be charged for processing a change of owner transfer of ownership or lease assignment.

(6) Replacement of a mutilated or lost certificate of operation must shall be provided to the owner when a request is received by submitted to the division. Such requests must include the elevator license serial number, business name and address, and a contact name and phone number. Requests for a replacement certificate of operation may be submitted by phone, e-mail, fax, or in writing to the division.

(7) THESE FEES ARE NONREFUNDABLE.

(8) Obtaining forms.  All forms incorporated in this section are available from the Division of Hotels and Restaurants website at www.MyFloridaLicense.com/dbpr/hr; by e-mail to [e-mail]; or upon written request to the Division of Hotels and Restaurants, Bureau of Elevator Safety, 1940 North Monroe Street, Tallahassee, Florida 32399-1013.

Rulemaking Specific 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,________.

NAME OF PERSON ORIGINATING PROPOSED RULE: Bill 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: February 7, 2013
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: October 1, 2012