The purpose and effect of the proposed rule is to implement statutory changes enacted by Chapter 2010-110, Laws of Florida; update licenser, registration, and renewal requirements; adopt forms; and provide a plain language update.

DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION
Division of Hotels and Restaurants

RULE NO.: RULE TITLE:
61C-5.007: Fees; Certificates of Competency, Renewal
PURPOSE AND EFFECT: The purpose and effect of the proposed rule is to implement statutory changes enacted by Chapter 2010-110, Laws of Florida; update licenser, registration, and renewal requirements; adopt forms; and provide a plain language update.
SUMMARY: The proposed rule specifies the licenser and registration time frames for validity and expiration; adopts licenser and registration forms; specifies the certificate of competency is a credential only; specifies requirements for licenser, registration, and renewal; defines “good standing” as the term relates to certified elevator inspectors; and delineates the general liability insurance requirements for certified elevator technicians, certified elevator inspectors, and registered elevator companies. The proposed rule also amends the section title to reflect fully the contents of the rule section.
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.
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: 399.01, 399.02, 399.10 FS.
LAW IMPLEMENTED: 399.01(12), 399.01(13), 399.01(14), 399.01(16), 399.17 FS.
IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE SCHEDULED AND ANNOUNCED IN THE FAW.
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 32399-1011, e-mail: [e-mail]; telephone: [phone]

THE FULL TEXT OF THE PROPOSED RULE IS:

61C-5.007 Fees; Certificates of Competency and License Registrations, Initial, Renewal; General Liability Insurance Coverage.

(1)(a) Each initial certificate of competency and each initial registration for a certified elevator technician, certified elevator inspector, or elevator company license shall be valid for the remainder of the calendar year. The initial application for a certificate of competency shall be accompanied by a fee of $100.

(b) Except as otherwise specified in this rule, renewal certificates of competency and annual licenses shall be valid January 1 through December 31. All certificates and licenses, as specified in this section, expire on December 31 at 11:59 p.m. of each year unless renewed by the division.

(c) A renewal application for a certificate of competency, including fee payment, or an annual license registration postmarked on or after January 1 will be deemed delinquent. A certificate of competency or annual license registration resulting from a delinquent submission shall be valid from the date renewed or issued by the division through December 31 each year.

(d) Expired certificates and licenses are not valid and the certificate holder or licensee is not authorized to perform any work under an expired certificate or license until the division approves and completes a renewal.

(2) Certificate of Competency. Pursuant to subsections 399.01(14) and (16), F.S., the certificate of competency is a credential only and does not authorize any work to be performed. A certificate of competency holder must register with and obtain a license from the division as a certified elevator technician before constructing, installing, maintaining or repairing an elevator or as a certified elevator inspector before constructing, installing, maintaining, repairing or inspecting an elevator. The renewal application for a certificate of competency shall be accompanied by a fee of $50.

(a) Initial. The following items are required for an initial certificate of competency and must be received by the division before a certificate of competency may be issued:

1. DBPR HR-7014, APPLICATION FOR CERTIFICATE OF COMPETENCY AND CERTIFIED ELEVATOR TECHNICIAN REGISTRATION, (https://www.flrules.org/Gateway/reference.asp?No=Ref-00598) incorporated herein by reference and effective 2011 August 16;

2. The $50 fee; and

3. One of the following:

a. Proof of a mechanical engineer license in good standing.

b. Proof of successful completion of the requirements specified in Section 399.01(16)(a), F.S. Applicants qualifying by examination must provide proof of passage of the certificate of competency examination, mechanics examination, or elevator technician examination conducted by the division or an approved provider covering the construction, installation, maintenance, and repair of elevators and their associated parts. The applicant must pass the examination within two years of the date of application.

(b) Renewal. The division must receive proof of completion of eight (8) hours continuing education as described in Rule 61C-5.0085, F.A.C., and the $50 fee before a renewal certificate of competency may be issued.

(c) Expired certificates of competency become null and void on March 1 and are no longer renewable. Certificate of competency holders whose certificate becomes null and void must submit an initial application for a certificate of competency, including all documentation and fees required by paragraph (2)(a). A new certificate of competency will be issued upon receipt of all required documentation and fees.

(d) Information on completing DBPR HR-7014 is provided in DBPR HR-7014i, INSTRUCTIONS FOR COMPLETING DBPR HR-7014 APPLICATION FOR CERTIFICATE OF COMPETENCY AND CERTIFIED ELEVATOR TECHNICIAN REGISTRATION, (https://www.flrules.org/Gateway/reference.asp?No=Ref-00599) incorporated herein by reference and effective 2011 August 16.

(3) Certified Elevator Technician. Each natural person desiring to perform the duties of a certified elevator technician must annually register with and be licensed by the division before constructing, installing, maintaining, or repairing an elevator. All applicants for a Certificate of Competency must have a degree in mechanical or electrical engineering from a four-year, accredited College or University or equivalent work experience in the construction, installation, inspection, maintenance, and repair of elevators. Work in the areas indicated above may be substituted on a year for year basis for the required College training.

(a) The following items are required for initial registration and licensure as a certified elevator technician:

1. DBPR HR 7014, APPLICATION FOR CERTIFICATE OF COMPETENCY AND CERTIFIED ELEVATOR TECHNICIAN REGISTRATION; and

2. Proof of general liability insurance coverage as described in paragraph (6)(a) or (6)(b).

(b) The following items are required to renew a certified elevator technician license registration:

1. A valid certificate of competency issued by the division; and

2. Proof of general liability insurance coverage as described in paragraph (6)(a) or (6)(b).

(4) Certified Elevator Inspectors. Each person desiring to perform the duties of a certified elevator inspector must annually register with and be licensed by the division before constructing, installing, inspecting, maintaining, or repairing an elevator. Each Certificate of Competency shall be issued for a calendar year and shall expire at the end of the year unless renewed by the division. For the purpose of this section, certificates will expire on December 31 at 11:59 p.m. of each year. Applications for renewal certificates of competency must be paid by January 1 of each year.

(a) The following items are required for initial registration and licensure as a certified elevator inspector:

1. DBPR HR-7017, APPLICATION FOR CERTIFIED ELEVATOR INSPECTOR REGISTRATION, (https://www.flrules.org/Gateway/reference.asp?No=Ref-00597) incorporated herein by reference and effective 2011 August 16;

2. A copy of the registrant’s valid qualified elevator inspector credential issued by the American Society of Mechanical Engineers (ASME), or its accrediting bodies, in good standing at the time of application; and

3. Proof of general liability insurance coverage as described in paragraph (6)(a) or (6)(b).

(b) The following items are required to renew a certified elevator inspector license registration:

1. Proof of completion of the required continuing education as described in Rule 61C-5.0085, F.A.C.;

2. A copy of the registrant’s valid qualified elevator inspector credential issued by the ASME, or its accrediting bodies, that remained in good standing throughout the license year; and

3. Proof of general liability insurance coverage as described in paragraph (6)(a) or (6)(b).

(c) The division shall not renew a certified elevator inspector license registration if the qualified elevator inspector credential did not remain in good standing throughout the license year. Good standing means the qualified elevator inspector credential was not suspended, revoked, or otherwise disciplined by the issuing body, or allowed to expire or lapse.

(d) Information on completing DBPR HR-7017 is provided in DBPR HR-7017i, INSTRUCTIONS FOR COMPLETING DBPR HR-7017 APPLICATION FOR CERTIFIED ELEVATOR INSPECTOR REGISTRATION, (https://www.flrules.org/Gateway/reference.asp?No=Ref-00596) incorporated herein by reference and effective 2011 August 16.

(5) Before an initial Certificate of Competency is issued by the division, the applicant must pass an examination conducted by the division or its designee covering the construction, installation, inspection, maintenance, and repair of elevators and their appurtenances.

(5)(6) Registered Elevator Companies. Each elevator company employing a person or persons to construct, install, inspect, maintain, or repair any vertical conveyance regulated by the bureau, must annually register with and be licensed by the division.

(a) The following items are required for initial registration and licensure as a registered elevator company:

1. Completed DBPR HR-7026, APPLICATION FOR ELEVATOR COMPANY REGISTRATION, (https://www.flrules.org/Gateway/reference.asp?No=Ref-00600) incorporated herein by reference and effective 2011 August 16;

2. Proof of general liability insurance coverage as described in paragraph (6)(c); and have on file with the division a valid Certificate of Comprehensive General Liability Insurance evidencing coverage limits in the minimum amounts of $100,000 per person and $300,000 per occurrence and

3. Tthe name and certificate or license number of at least one employee who holds a current cCertificate of cCompetency issued pursuant to Section 399.01(16), F.S. 399.01(17), Florida Statutes, and subsection (2) of this rule, or who is a certified elevator inspector licensed by the division pursuant to Section 399.01(13), F.S., and subsection (4) of this rule.

(b) The following items are required to renew a registered elevator company license registration:

1. Proof of general liability insurance coverage as described in paragraph (6)(c); and

2. The name and certificate or license number of at least one employee who holds a current certificate of competency issued pursuant to Section 399.01(16), F.S., and subsection (2) of this rule, or who is a certified elevator inspector licensed by the division pursuant to Section 399.01(13), F.S., and subsection (4) of this rule.

(c) Information on completing DBPR HR-7026 is provided in DBPR HR-7026i, INSTRUCTIONS FOR COMPLETING DBPR HR-7026 APPLICATION FOR ELEVATOR COMPANY REGISTRATION, (https://www.flrules.org/Gateway/reference.asp?No=Ref-00601) incorporated herein by reference and effective 2011 August 16.

(7) Any elevator company that fails to register with the division is subject to an administrative fine set by the division not greater than $500 in addition to any other penalty provided by law.

(6)(8) General Liability Insurance Coverage.

(a) Certified elevator technicians and certified elevator inspectors performing work for a registered elevator company must be covered by general liability insurance in the minimum amounts of $100,000 per person and $300,000 per occurance.

(b) A Each certified elevator inspector or and each certified elevator technician who, independent of a registered elevator company as defined in Section 399.01(13), F.S., inspects, maintains, or repairs a performs any services on any vertical conveyance regulated Under Chapter 399, F.S., by the bureau must first have on file with the division a valid Certificate of Comprehensive General Liability Insurance evidencing coverage limits in the minimum amounts of $100,000 per person and $300,000 per occurrence prior to performing any services independent of a registered elevator company.

(c) A registered elevator company must maintain general liability insurance coverage in the minimum amounts of $100,000 per person and $300,000 per occurrence and file with the division a Certificate of Comprehensive General Liability Insurance indicating the minimum required coverage amounts.

(7) Copies of the forms incorporated within this section are available from the Division of Hotels and Restaurants Internet 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 550.0251(3), 550.105(2)(b), (10) FS. Law Implemented 550.0251, 550.105 FS. History–New 10-20-96, Amended 12-15-97, 4-12-06,________.

NAME OF PERSON ORIGINATING PROPOSED RULE: Bill L. 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: September 6, 2011
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: July 30, 2010