Update elevator safety code references and service maintenance contract requirements, specify conflict of interest provisions, update service maintenance contract verification and notification requirements, adopt an optional form, and address ...

 

DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION
Division of Hotels and Restaurants

RULE NO.:RULE TITLE:
61C-5.013Service Maintenance Contracts
PURPOSE AND EFFECT: Update elevator safety code references and service maintenance contract requirements, specify conflict of interest provisions, update service maintenance contract verification and notification requirements, adopt an optional form, and address maintenance control programs.
SUMMARY: The proposed rule removes incorrect references to ASME codes, prescribes routine examination and periodic testing and witnessing requirements, prescribes service maintenance verification and notification responsibility and requirements for two-stop elevators and adopts an optional form, requires a maintenance control program, and updates contact information.
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: 399.10 FS.
LAW IMPLEMENTED: 399.10, 399.061 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, [phone], [e-mail]

THE FULL TEXT OF THE PROPOSED RULE IS:

61C-5.013 Service Maintenance Contracts, Reporting Requirements; and Maintenance Control Programs.

(1) A service maintenance contract as defined by Section 399.01(10), F.S., must include routine examinations and periodic safety tests and meet the following minimum requirements: For the purpose of this chapter, the term “routine examination” as it relates to the definition of a service maintenance contract means:

(a) Routine examinations and periodic safety tests Registered elevator companies that enter into service maintenance contracts with elevator owners must follow the procedures established by the safety standards adopted in Rule 61C-5.001, F.A.C. within the scope of ASME A17.2, as incorporated by reference, for routine examinations and periodic safety tests of elevators;

(b) The periodic safety tests required by ASME A17.1 and its latest Addendas and supplements, as referenced in the Florida Building Code, must be conducted within the time frames established by that standard;

(b)(c) The Rroutine examinations examination by registered elevator companies shall be performed at least annually.  Category 1 periodic safety tests shall be performed annually.  Category 5 periodic safety tests shall be performed every five years.  Routine examinations and periodic safety tests must be performed by a certified elevator technician or certified elevator inspector. on a yearly basis; and

(c)  Periodic safety tests must be witnessed by a certified elevator inspector who is not performing the safety test and is not an employee of the registered elevator company holding the service maintenance contract. 

(d) The registered elevator service maintenance company must make a written performance record indicating the date or dates of routine examinations and required testing. This performance record must be maintained in the elevator machine room and, available for review by the division or its contractual designees.

(2) If the periodic safety tests required by ASME A17.1 and its latest Addendas and supplements, as referenced in the Florida Building Code, are not included in a service maintenance contract, the service contract will not be valid and will not be considered to be a service maintenance contract as defined by Section 399.01(10), F.S.

(2)(a)  The owner or lessee, when owner responsibilities are specifically assigned by lease, must verify the existence of a valid service maintenance contract on a two-stop elevator or other conveyance in order for the elevator to qualify for the annual inspection exemption under Section 399.061(1), F.S.  Annual verification is required to renew the certificate of operation without obtaining a current satisfactory inspection.  Verification must be submitted to the division through the owner’s online account located on the department’s website, or by submitting DBPR Form HR 5023-060, VERIFICATION OF SERVICE MAINTENANCE CONTRACT (https://www.flrules.org/Gateway/reference.asp?No=Ref-02318), adopted herein by reference and effective 2012 October 24, or a written document providing the same information.  Copies of this form are available from the Division of Hotels and Restaurants website at www.MyFloridaLicense.com/dbpr/hr; by e-mail to [e-mail]; by phone request to the department at [phone]; or upon written request to the Bureau of Elevator Safety, Division of Hotels and Restuarants, Department of Business and Professional Regulation, 1940 North Monroe Street, Tallahassee, Florida 32399-1013. 

(b) The registered elevator company holding a service maintenance contract for a two-stop elevator or other conveyance may, upon the owner’s request, verify the existence of a valid service maintenance contract.  Verification must be submitted through the elevator company’s online account located on the department’s website, or by submitting DBPR Form HR 5023-060, VERIFICATION OF SERVICE MAINTENANCE CONTRACT or a written document providing the same information.  The owner or lessee retains responsibility for ensuring the division receives either the annual verification or annual inspection required to renew a certificate of operation.    

(3) The owner or lessee, when owner responsibilities are specifically assigned by lease, of a two-stop elevator or other conveyance not requiring an annual inspection pursuant to Section 399.061(1)(a), F.S., must notify the division in writing within 30 days of cancellation, termination, or expiration of the service maintenance contract.  Notification must be submitted to the division through the owner’s or lessee’s online account located on the department’s website, or by submitting DBPR Form HR 5023-060, VERIFICATION OF SERVICE MAINTENANCE CONTRACT or a written document providing the same information.  For the purpose of this section, Nnotification is not required if the service maintenance contract is renewed or a new contract is executed within 30 days of cancellation, termination, or expiration and , provided that proper annual verification notification of the terms of the new or renewed service maintenance contract is submitted by the registered elevator company on letterhead attesting to the existence of a service maintenance agreement as required for license renewal.

(4) The owner or lessee, when owner responsibilities are specifically assigned by lease, of a two-stop elevator or other conveyance not requiring an annual inspection pursuant to Section 399.061(1)(a), F.S., must notify the division in writing within 30 days of transfer of ownership of the service maintenance contract ownership. 

(5) The owner or lessee, when owner responsibilities are specifically assigned by lease, must have a maintenance control program in compliance with 8.6.1.2 of ASME A17.1-2007, as adopted by reference in Rule 61C-5.001, F.A.C.

(6)(5) Written verifications and notifications shall be mailed to the Bureau of Elevator Safety, Division of Hotels and Restaurants, Department of Business and Professional Regulation, 1940 North Monroe Street, Tallahassee, Florida 32399-1013, or e-mailed to [e-mail].

Rulemaking Specific Authority 399.02, 399.061, 399.10 FS. Law Implemented 399.01, 399.061 FS. History–New 2-2-94, Amended 10-4-00, 4-2-08,.

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 13, 2013
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: July 6, 2012