On March 3, 2011, the Department issued a Final Order that was in response to a Petition for Variance from Fifth Third Bank, filed February 1, 2011, and advertised in Vol. 37, No. 6 of the Florida Administrative Weekly. No comments were received in ...

DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION
Division of Hotels and Restaurants

Rule No.: RULE TITLE:
61C-5.001: Standards Adopted; Exclusions; and Conflicts

The Department of Business and Professional Regulation, Division of Hotels and Restaurants, Bureau of Elevator Safety hereby gives notice: On March 3, 2011, the Department issued a Final Order that was in response to a Petition for Variance from Fifth Third Bank, filed February 1, 2011, and advertised in Vol. 37, No. 6 of the Florida Administrative Weekly. No comments were received in response to the petition. The Final Order on the Petition for Variance denies the Petitioner a variance from Rule 3.11.3, ASME A17.3, 1996 edition, as adopted by Chapter 30, Section 3001.2 Florida Building Code adopted by paragraph 61C-5.001(1)(a), Florida Administrative Code, that requires upgrading the elevators for firefighters’ emergency operations because the Petitioner has not demonstrated that the purpose of the statute underlying the rule will be met or that Petitioner would suffer a substantial hardship if required to comply with this rule (VW 2011-037).

A copy of the Order may be obtained by contacting: Mark Boutin, Bureau of Elevator Safety, 1940 North Monroe Street, Tallahassee, Florida 32399-1013, [phone].

 

The Department of Business and Professional Regulation, Division of Hotels and Restaurants, Bureau of Elevator Safety hereby gives notice: On May 4, 2011 the Division issued an order. The Final Order was in response to a Petition for Variance from Bayshore Royal Condo, filed March 7, 2011, and advertised in Vol. 37, No. 12, of the Florida Administrative Weekly. No comments were received in response to the petition. The Final Order on the Petition for Variance grants the Petitioner a variance from Rule 2.2.4, 2.3.1, 3.4.1, 3.4.2, 3.4.4(a)(1), 3.9.1(a), 3.10.2 and 3.10.3 ASME A17.3, 1996 edition, and from Rule 8.6.1.6.3(a) ASME A17.1, 2005 edition, as adopted by Chapter 30, Section 3001.2 Florida Building Code adopted by paragraph 61C-5.001(1)(a), Florida Administrative Code, that requires providing ventilation to prevent overheating, access to pits, a fully enclosed car, a car door or gate, top emergency exits, normal terminal stopping devices, an operating device that automatically returns to the stop position unless it is being held, a top-of-car operating device and up-to-date wiring diagrams in the machine room because the Petitioner has demonstrated that the purpose of the statute underlying the rule will be met and that Petitioner would suffer a substantial hardship if required to comply with this rule (VW 2011-083).

A copy of the Order may be obtained by contacting: Mark Boutin, Bureau of Elevator Safety, 1940 North Monroe Street, Tallahassee, Florida 32399-1013.

 

The Department of Business and Professional Regulation, Division of Hotels and Restaurants, Bureau of Elevator Safety hereby gives notice: On April 23, 2011, the Department received a letter withdrawing the Petition for variance for Air Traffic Control Tower – Albert Whitted Airport, filed April 5, 2011, and advertised in Vol. 37, No. 15 of the Florida Administrative Weekly. The Petition for variance requested a variance from Rule 2.2.2, ASME A17.1, 2005 edition, as adopted by Chapter 30, Section 3001.2 Florida Building Code adopted by paragraph 61C-5.001(1)(a), Florida Administrative Code, that requires a drain or sump pump in elevators equipped with firefighter’s service. The Department of Business and Professional Regulation, Division of Hotels and Restaurants, Bureau of Elevator Safety is taking no further action on the petition (VW 2011-104).

A copy of the Petition may be obtained by contacting: Mark Boutin, Bureau of Elevator Safety, 1940 North Monroe Street, Tallahassee, Florida 32399-1013.

 

The Department of Business and Professional Regulation, Division of Hotels and Restaurants, Bureau of Elevator Safety hereby gives notice: On May 4, 2011 the Division issued an order. The Final Order was in response to a Petition for emergency Variance from Hilton, filed April 5, 2011, and advertised in Vol. 37, No. 15, of the Florida Administrative Weekly. No comments were received in response to the petition. The Final Order on the Petition for Variance grants the Petitioner a variance from Rule 3.11.3 ASME A17.3, 1996 edition, as adopted by Chapter 30, Section 3001.2 Florida Building Code adopted by paragraph 61C-5.001(1)(a), Florida Administrative Code. that requires upgrading the elevators for firefighters’ emergency operations until June 1, 2012 because the Petitioner has demonstrated that the purpose of the statute underlying the rule will be met and that Petitioner would suffer a substantial hardship if required to comply with this rule (VW 2011-105).

A copy of the Order may be obtained by contacting: Mark Boutin, Bureau of Elevator Safety, 1940 North Monroe Street, Tallahassee, Florida 32399-1013.

 

The Department of Business and Professional Regulation, Division of Hotels and Restaurants, Bureau of Elevator Safety hereby gives notice: On March 3, 2011, the Department issued a Final Order that was in response to a Petition for Variance from Bay Plaza Condo, filed April 11, 2011, and advertised in Vol. 37, No. 16 of the Florida Administrative Weekly. No comments were received in response to the petition. The Final Order on the Petition for Variance denies the Petitioner a variance from Rule 2.27.3.3.7, ASME A17.1, 2007 edition, as adopted by Chapter 30, Section 3001.2 Florida Building Code adopted by paragraph 61C-5.001(1)(a), Florida Administrative Code, that requires the elevator operating panel be positioned behind a locked panel because the Petitioner has not met its burden as this feature, required under the new rules, was not properly permitted and installed (VW 2011-110).

A copy of the Order may be obtained by contacting: Mark Boutin, Bureau of Elevator Safety, 1940 North Monroe Street, Tallahassee, Florida 32399-1013, [phone].

 

The Department of Business and Professional Regulation, Division of Hotels and Restaurants, Bureau of Elevator Safety hereby gives notice: On March 3, 2011, the Department issued a Final Order that was in response to a Petition for Variance from Nine Fifty Broadway, filed October 8, 2010, and advertised in Vol. 36, No. 44 of the Florida Administrative Weekly. No comments were received in response to the petition. The Final Order on the Petition for Variance denies the Petitioner a variance because the Petitioner has failed to meet its burden by not providing the Division with the specific rule adopted by paragraph 61C-5.001(1)(a), F.A.C., for which they are requesting (VW 2010-646).

A copy of the Order may be obtained by contacting: Mark Boutin, Bureau of Elevator Safety, 1940 North Monroe Street, Tallahassee, Florida 32399-1013, [phone].

 

The Department of Business and Professional Regulation, Division of Hotels and Restaurants, Bureau of Elevator Safety hereby gives notice: On March 3, 2011, the Department issued a Final Order that was in response to a Petition for Variance from Strathmore Garden Apts., filed November 18, 2010, and advertised in Vol. 36, No. 48 of the Florida Administrative Weekly. No comments were received in response to the petition. The Final Order on the Petition for Variance denies the Petitioner a variance because the Petitioner has failed to meet its burden by not providing the Division with the specific rule adopted by paragraph 61C-5.001(1)(a), F.A.C., for which they are requesting and has not demonstrated that the purpose of the statute underlying the rule will be met (VW 2010-692).

A copy of the Order may be obtained by contacting: Mark Boutin, Bureau of Elevator Safety, 1940 North Monroe Street, Tallahassee, Florida 32399-1013, [phone].

 

The Department of Business and Professional Regulation, Division of Hotels and Restaurants, Bureau of Elevator Safety hereby gives notice: On March 3, 2011, the Department issued a Final Order that was in response to a Petition for Variance from Tampa Racquet Club Condo, filed December 9, 2010, and advertised in Vol. 36, No. 51 of the Florida Administrative Weekly. No comments were received in response to the petition. The Final Order on the Petition for Variance denies the Petitioner a variance because the Petitioner has failed to meet its burden by not providing the Division with the specific rule adopted by paragraph 61C-5.001(1)(a), F.A.C., for which they are requesting (VW 2010-717).

A copy of the Order may be obtained by contacting: Mark Boutin, Bureau of Elevator Safety, 1940 North Monroe Street, Tallahassee, Florida 32399-1013, [phone].

 

The Department of Business and Professional Regulation, Division of Hotels and Restaurants, Bureau of Elevator Safety hereby gives notice: On March 3, 2011, the Department issued a Final Order that was in response to a Petition for Variance from Park Plaza Apts. II, filed December 15, 2010, and advertised in Vol. 36, No. 51 of the Florida Administrative Weekly. No comments were received in response to the petition. The Final Order on the Petition for Variance denies the Petitioner a variance because the Petitioner has failed to meet its burden by not providing the Division with the specific rule adopted by paragraph 61C-5.001(1)(a), F.A.C., for which they are requesting (VW 2010-722).

A copy of the Order may be obtained by contacting: Mark Boutin, Bureau of Elevator Safety, 1940 North Monroe Street, Tallahassee, Florida 32399-1013, [phone].