The purpose and effect of the proposed rule development is to update elevator safety code references and service maintenance contract requirements, specify conflict of interest provisions, update service maintenance contract verification and ...

DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION
Division of Hotels and Restaurants

RULE NO.: RULE TITLE:
61C-5.013: Service Maintenance Contracts
PURPOSE AND EFFECT: The purpose and effect of the proposed rule development is to 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 ownership of maintenance control programs.
SUBJECT AREA TO BE ADDRESSED: The proposed rule development will address service maintenance contract minimum performance standards, verification and notification, and maintenance control programs.
RULEMAKING AUTHORITY: 399.10 FS.
LAW IMPLEMENTED: 399.10, 399.061 FS.
IF REQUESTED IN WRITING AND NOT DEEMED UNNECESSARY BY THE AGENCY HEAD, A RULE DEVELOPMENT WORKSHOP WILL BE NOTICED IN THE NEXT AVAILABLE FLORIDA ADMINISTRATIVE WEEKLY.
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE DEVELOPMENT AND A COPY OF THE PRELIMINARY DRAFT, IF AVAILABLE, IS: Michelle Comingore, Department of Business and Professional Regulation, Division of Hotels and Restaurants, 1940 N. Monroe St., Tallahassee, FL 32399-1011, [e-mail], [phone]

THE PRELIMINARY TEXT OF THE PROPOSED RULE DEVELOPMENT 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 and routine examinations must be witnessed by a certified elevator inspector who is not performing the safety test or routine examination or 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.

(e) The annual safety inspection required for certificate of operation renewal shall not be included in a service maintenance contract.

(2) The following reporting requirements must be met before a service maintenance contract can qualify a two-stop elevator or other conveyance for the annual inspection exemption under Section 399.061(1), F.S. 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.

(a) The registered elevator company holding a service maintenance contract for a two-stop elevator or other conveyance meeting the annual inspection exemption in Section 399.061(1), F.S., must verify annually the existence of a valid service maintenance contract and the contract expiration date. Verification must be submitted to the division through the company’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-01341), adopted herein by reference and effective _________, 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 Restaurants, Department of Business and Professional Regulation, 1940 North Monroe Street, Tallahassee, Florida 32399-1013.

(b) The owner or lessee, when owner responsibilities are specifically assigned by lease, is responsible for ensuring the division receives the verification of the valid service maintenance contract. In the event the registered elevator company fails to provide the verification as required in paragraph (a), the owner or lessee must verify the the existence of a valid service maintenance contract, the contract expiration date, and the name of the elevator company holding the contract. Verification 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.

(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 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) 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].

(6) A copy of any maintenance control program developed for an elevator must be maintained in the elevator machine room and shall remain property of the elevator owner.

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,________.