The purpose and effect of the proposed rule amendments is to update and revise Rule 61C-5.006, F.A.C., to incorporate a form by reference, add a clarification statement for form submittal, and to update the Type of Installation ....

 

DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION

Division of Hotels and Restaurants

RULE NO.:RULE TITLE:

61C-5.006Elevator Fees; Permits; Certificates of Operation; Delinquency Fee; Transfer of Ownership; Certificate Replacement

PURPOSE AND EFFECT: The purpose and effect of the proposed rule amendments is to update and revise Rule 61C-5.006, F.A.C., to incorporate a form by reference, add a clarification statement for form submittal, and to update the Type of Installation and Class Chart.

SUMMARY: The proposed rulemaking amends Rule 61C-5.006, F.A.C., in order to update and revise the rule to incorporate a form by reference, add a clarification statement for form submittal, and to update the Type of Installation and Class Chart.

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, 399.03, 399.07(1), 399.10, F.S

LAW IMPLEMENTED: 399.03, 399.061, 399.07, 399.125, 559.79, 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-5.006   Elevator Fees; Permits; Certificates of Operation; Delinquency Fee; Transfer of Ownership; Certificate Replacement; Accident Reporting.

(1) through (3) No change.

(4) 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	Screw Column	11
Hydraulic Passenger	02	Escalator	12
Traction Freight	03	Hand Elevator	13
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
LU/LA (Limited Use/Limited Application)	09	Rack And Pinion	19
Dumbwaiter	10

 

(5) through (7) No change.

(8) A certificate of operation holder must submit DBPR Form HR-7016, Elevator Owners Accident Report (https://www.flrules.org/Gateway/reference.asp?No=Ref-____) incorporated herein by reference and effective 2023 February, within 5 working days of any elevator accident as required in Section 399.125, F.S.

An Elevator Owners Accident Report is required to be submitted when the operation of a conveyance results in an accident including, but not limited to, an entrapment or bodily injury.

(9) (8)All forms incorporated in this section are available from the Division of Hotels and Restaurants website at http://www.myfloridalicense.com/DBPR/elevator-safety/; by e-mail to [e-mail]; or upon written request to the Department of Business and Professional Regulation, Division of Hotels and Restaurants, Bureau of Elevator Safety, 2601 Blair Stone Road, Tallahassee, Florida 32399-1013.

Rulemaking Authority 399.02, 399.03, 399.07(1), 399.10 F.S.  Law Implemented 399.03, 399.061, 399.07, 399.125, 559.79 F.S.

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, 4-21-13, 12-29-14, 4-4-18, 10-29-19, ________.

 

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: Melanie S. Griffin, Secretary, Department of Business and Professional Regulation.

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: March 16, 2023

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: 1/4/2023