To clarify the term replacement.

 

DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION

Division of Hotels and Restaurants

RULE NO.:RULE TITLE:

61C-5.008Definitions

PURPOSE AND EFFECT: To clarify the term replacement.

SUMMARY: The proposed rule clarifies the term replacement and specifies what does not meet the requirements of the term replacement.

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: 399.01, 399.02 FS.

LAW IMPLEMENTED: 399.01, 399.02, 399.03, 399.061, 399.07 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: Kela Timmons, Division of Hotels and Restaurants, Department of Business and Professional Regulation, 1940 North Monroe Street, Tallahassee, Florida 32399,; (850)4881133, [e-mail]

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

61C-5.008 Definitions

When used in this rule chapter, the following terms shall have these meanings:

(1) through (8) No change.

(9) “Replacement” as the term relates to alterations, means the removal of a device, component or subsystem in its entirety and installation of an equivalent device, component, or subsystem that performs in the same manner and does not:

(a) require modification or a rating change to the existing equipment;,

(b) add new functionality;, or

(c) violate any provision of Chapter 399, F.S., this rule, or the elevator safety standards codes adopted in Rule 61C-5.001, F.A.C.; or

(d) require inspection, tests, and independent witnessing in any section of the safety standards adopted in Rule 61C-5.001, F.A.C., other than Part 8 of ASME A17.1.

This definition does not include the replacement of any part classified as an alteration in Section 8.6.3.10, ASME A17.1, as adopted in Rule 61C-5.001, F.A.C.

(10) through (11) No change.

Rulemaking Authority 399.01, 399.02, 399.07 FS. Law Implemented 399.01, 399.02, 399.03, 399.061, 399.07 FS. History–New 11-9-06, Amended 1-18-12, 2-24-14,           .

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Rick Akin, 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: March 30, 2016

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: January 28, 2016