This is an amendment to Rule Chapter 14-63, F.A.C., including repeal of nine rules and other amendments to clarify the rules. The repeal of rules is part of the Department’s overall goal to review existing rules and to repeal any rules that are ...

 

DEPARTMENT OF TRANSPORTATION

RULE NO: RULE TITLE
14-63.001: Scope
14-63.0011: Definitions
14-63.002: Authorization for Permit Issuance
14-63.0021: Single Move Permits
14-63.003: Single Move Permit Size Limitations
14-63.004: Movement Restrictions for All Permits
14-63.005: Special Permits
14-63.0051: Annual Permits for Portable Classroom Buildings
14-63.006: Fees
14-63.007: Bond Requirements
14-63.008: Traffic Control
14-63.0091: Application Procedure and Notice to Others
14-63.0101: Liability and Insurance
14-63.011: Non-Compliance
PURPOSE AND EFFECT: This is an amendment to Rule Chapter 14-63, F.A.C., including repeal of nine rules and other amendments to clarify the rules. The repeal of rules is part of the Department’s overall goal to review existing rules and to repeal any rules that are considered to be obsolete or unnecessary. A revised Permit to Move Building Over State Roads, Form 850-040-90, is incorporated by reference.
SUMMARY: Rule Chapter 14-63, F.A.C., is being amended to clarify the regulations relating to building moving permits and to repeal rules within the chapter. A revised Permit to Move Building Over State Roads, Form 850-040-90, is incorporated by reference.
SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS: No Statement of Estimated Regulatory Cost was prepared.
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.
SPECIFIC AUTHORITY: 316.550 FS.
LAW IMPLEMENTED: 334.03, 316.550 FS.
IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE SCHEDULED AND ANNOUNCED IN FAW.
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: James C. Myers, Clerk of Agency Proceedings, Florida Department of Transportation, Office of the General Counsel, 605 Suwannee Street, Mail Station 58, Tallahassee, Florida 32399-0458.

THE FULL TEXT OF THE PROPOSED RULE IS:

 

14-63.001 Scope.

Specific Authority 334.044(2), 316.550 FS. Law Implemented 316.550 FS. History–New 9-1-71, Amended 7-9-75, Formerly 14-63.01, Amended 1-3-90, Repealed_______.

 

14-63.0011 Definitions.

Specific Authority 334.044(2), 316.550 FS. Law Implemented 316.550 FS. History–New 1-3-90, Amended 7-1-92, Repealed_______.

 

14-63.002 General Requirements Authorization for Building Movement Permit Issuance.

(1) Each The Department District Maintenance Office is authorized to issue building movement permits for allowing the movement of houses and other similar buildings traveling upon state roads, other than limited access facilities, highways. These permits are issued only under certain conditions which are intended to ensure safety and reduce to a minimum any inconvenience to the highway user. The approval of all building movement permits is the responsibility of the District Office in its the dDistrict in which the movement occurs. For purposes of this rule, “building” means a fixed structure normally attached to a foundation with walls and roof, and does not include mobile homes, modular buildings, and manufactured housing. If the proposed housemoving route involves occurs in more than one district, then each affected Ddistrict Maintenance Ooffice will be responsible to review and issue a permit for the portion of the route that lies within its their boundaries. If the proposed move involves only crossing a state road highway, a permit will not be required, but the. The mover is required to notify the District Area Maintenance Office, within whose boundaries the crossing takes place, at least 24 hours in advance of the proposed move.

(2) Building Movement Restrictions.

(a) Movement is prohibited under the following conditions:

1. During periods of heavy traffic, normally “rush hour” traffic, between 7:00 a.m. and 9:00 a.m. and between 4:00 p.m. and 6:00 p.m., Monday through Friday.

2. During weekends and nighttime, unless approved by the appropriate law enforcement agencies, local government, and the Department. Nighttime means that period of time which begins one hour before sunset and ends one hour after sunrise.

(b) Building movement is prohibited on any portion of limited access facilities. Building movement is permitted on roads passing over or under limited access facilities.

(c) Building movements are subject to additional restrictions, for reasons of public health, safety, and welfare.

(3) Fees. Payment of the permit fee shall be required at the time of the building movement permit application. An application submitted without payment of the permit fee will be deemed incomplete and returned to the applicant. The following fee charges apply to all permits:

(a) A fee of $25.00 will be charged for issuance of each single move permit.

(b) A fee of $50.00 will be charged for issuance of each special permit.

(c) Fees will not be charged for factory-built school buildings and other public buildings when moved by a governmental entity or its contracted mover.

(4) Security Instrument. A permittee moving a building in excess of 14 feet wide shall be required to provide a security instrument in the amount of $10,000.00 to cover repair damage to state facilities resulting from the move. The security instrument may be a letter of credit or bond as described in Section 334.187, F.S., and must be submitted to the affected District Maintenance Office. All bonds shall be made payable to the Department and shall be submitted to the Department prior to approval of the permit.

(5) Liability and Insurance. The permittee is required to name the Department as an additional insured and submit a certificate of insurance, with the permit application, in the amount of not less than $100,000 bodily injury or death per person for any number of persons in any one occurrence, $300,000 for property damage or a combined coverage of not less than $300,000. The certificate of insurance shall be submitted to and kept on file in the appropriate District Maintenance Office(s).

(6) Traffic Control. All building movements must be accompanied by escort vehicles in the front and rear. The escort vehicles must comply with the requirements specified in Rule 14-26.012, F.A.C.

(a) The building movement must pull over to the side at turnouts or median crossovers to allow traffic to pass as directed by law enforcement to facilitate public safety.

(b) During building movement, a minimum of three adult personnel (including the driver and escort personnel) shall be in attendance at all times.

(c) Clean, high visibility, red/orange warning flags at least 18 inches square shall be displayed on the corners and at all protrusions of the building movement at all times.

(d) Enroute, during any delays, breakdowns, accidents, or other times when the building is immobile, the building shall be identified with warning lights as described above. A minimum of one light for each 15 feet of perimeter is required.

(7) Application Procedure and Notice. Applicants shall obtain a Permit to Move Building Over State Roads, Form 850-040-90, Rev. 06/07, incorporated herein by reference, from any District Maintenance Office or area maintenance office. If the proposed route occurs in more than one district, then the applicant will need to mail or hand deliver a completed form to each affected District Maintenance Office. Applicants shall complete all appropriate sections of the form and obtain review and approval by the nearest Florida Highway Patrol Office with route and escort recommendations.

(a) Applicants shall contact all utilities (e.g., traffic signals, electric power lines, sewer, gas, communication lines, cable television), railroad companies, and all local governments whose facilities will be affected by the move, and address any concerns. In addition, it is the responsibility of the permittee to notify these utilities at least 24 hours in advance of the proposed move. The permittee shall notify the railroad companies at least 24 hours in advance of any move over at-grade rail crossings.

(b) The Application will be reviewed for completeness, accuracy, and compliance with these rules prior to approval.

(c) All Applications for special permits and routes crossing bridges will be reviewed by the Departmental District Structures and Facilities Engineer prior to approval.

(d) Requests for time extension must be made by the permittee through the issuing office. The request must be made not less than 48 hours prior to the expiration date of the original permit. Not more than three time extensions will be granted for each permit.

Specific Authority 334.044(2), 316.550 FS. Law Implemented 316.550 FS. History–New 9-1-71, Formerly 14-63.02, Amended

1-3-90, 7-1-92,_______.

 

14-63.0021 Single Move Permits.

The Department will review Eeach Aapplication will be reviewed regarding the proposed route, as indicated on a map provided by the applicant, and the building moving arrangements. The following factors shall be considered when reviewing the application:

(1) Bridge or roadway structure widths, clearances, condition of roadway and bridges and their load carrying capacity.

(2) The applicant’s load plan, including spacing and size of beams, and spacing and size of wheels and tires will be considered. The load, in pounds, must be shown on each set of wheels in the load plan. Load plan means a sketch or drawing showing details and dimensions of the building to be moved, including the means of movement. Overall dimensions and weight distribution must be included in the plan. A load plan is required if any of the following conditions are exceeded:

(a) The weight shall not exceed on any four tire axle exceeds 22,000 pounds or 605 pounds per inch of tire tread width on two tires.

(b) Maximum overall building width shall not exceed 30 feet, six inches, excluding the building movement unit, eaves, and beams.

(c) Maximum overall building length shall not exceed 65 feet, excluding the building movement unit, eaves, and beams.

(d) When loaded, buildings shall be no more than 25 feet in height, as measured from ground level to the highest point of the load.

(e) Dimensions in excess of paragraph (b), (c), or (d) above shall require special permits.

(b) The gross weight of tractor-trailer, hauling unit and house exceeds:

1. *122,000 pounds on seven axles;

2. *132,000 pounds on eight axles;

3. *142,000 pounds on nine axles;

4. *172,000 pounds on ten axles;

5. *192,000 pounds on thirteen axles with 38 feet minimum longitudinal distance required from center of fifth axle to center of sixth axle.

*A minimum of 51 feet longitudinal distance is required from center of the steering axle on the tractor to center of the external rear axle on the hauling unit. Axles that are located across the bridge deck transverse to the longitude line will be considered as separate groupings. Maximum weight per axle is 22,000 pounds. Maximum weight per three axle group is 60,000 pounds. Maximum weight per four axle group is 66,000 pounds.

(3) Sufficiency of Adequate shoulder widths and conditions to handle the route traffic.

(4) Sufficiency of parking areas to allow accumulated traffic to pass.

(5) The potential disruption to traffic and traffic conditions during the time of the move.

(6) The history of other moves on the route.

(7) Safety considerations.

(7)(8) Any Oother factors relevant to public safety or the protection of public transportation facilities related to the specific request.

Specific Authority 316.550, 334.044(2) FS. Law Implemented 316.550 FS. History–New 1-3-90, Amended 7-1-92,________.

 

14-63.003 Single Move Permit Size Limitations.

Specific Authority 334.044(2), 316.550 FS. Law Implemented 316.550 FS. History–New 9-1-71, Formerly 14-63.03, Amended 1-3-90, 7-1-92, Repealed________.

 

14-63.004 Movement Restrictions for All Permits.

Specific Authority 334.044(2), 316.550 FS. Law Implemented 316.550 FS. History–New 9-1-71, Formerly 14-63.04, Amended 1-3-90, 7-1-92, Repealed_______.

 

14-63.005 Special Permits.

(1) Special permits are required used for buildings movements exceeding the dimension requirements of single move permits Rule 14-63.003. Special permits will be granted on a case-by-case basis by the Department.

(2) The following criteria will be used in evaluating a request for a special permit:

(a) Applicants will furnish written explanation as to why the building move cannot conform to the criteria for a single move permit.

(b) Applicants will state what specific steps have been taken to comply with the size limitations.

(c) The route of the building movement will accommodate the move without risk of damage or compromise of safety.

(d) Applicants will furnish aA load plan showing all axle spacing, wheels, dimensions, and weights shall be furnished when the requirements of Rule Section 14-63.0021(2) are exceeded.

(e) Applicants will furnish dDocumentation shall be required showing concurrence with the move by the affected local government counties, municipalities, and utilities.

Specific Authority 334.044(2), 316.550 FS. Law Implemented 316.550 FS. History–New 9-1-71, Formerly 14-63.05, Amended 1-3-90, 7-1-92,_________.

 

14-63.0051 Annual Permits for Factory-Built School Portable Classroom Buildings.

(1) Annual Ppermits may be issued at any time for the transport of a factory-built school portable classroom buildings as defined in Section 553.415, F.S. meeting the size limitations of a single building move permit 14-63.003(1), (2), and (3), owned by a cCounty sSchool bBoard when a building movement is made from a construction site to a school site or from one school site to another with school board equipment and forces or by a housemover subcontracted by a county school board or its contracted mover.

(2) Annual Permit holders must notify all affected aArea mMaintenance oOffices of the origin, route, and destination of movement not less than 24 hours in advance of each move. The Department must approve the date and time of the building movement or the move it must be rescheduled.

Specific Authority 316.550, 334.044(2) FS. Law Implemented 316.550 FS. History–New 1-3-90, Amended 7-1-92,________.

 

14-63.006 Fees.

Specific Authority 334.044(2), 316.550 FS. Law Implemented 316.550 FS. History–New 9-1-71, Formerly 14-63.06, Amended 1-3-90, 7-1-92, Repealed_______.

 

14-63.007 Bond Requirements.

Specific Authority 334.044(2), 316.550 FS. Law Implemented 316.550, 316.560 FS. History–New 9-1-71, Formerly 14-63.07, Amended 1-3-90, 7-1-92, Repealed_______.

 

14-63.008 Traffic Control.

Specific Authority 334.044(2), 316.550 FS. Law Implemented 316.550 FS. History–New 9-1-71, Formerly 14-63.08, Amended 1-3-90, 7-1-92, Repealed_______.

 

14-63.0091 Application Procedure and Notice to Others.

Specific Authority 316.550, 334.044(2) FS. Law Implemented 316.550 FS. History–New 1-3-90, Amended 7-1-92, 7-19-94, Repealed_______.

 

14-63.0101 Liability and Insurance.

Specific Authority 316.550, 334.044(2) FS. Law Implemented 316.550, 316.560 FS. History–New 1-3-90, Amended 7-1-92, Repealed_______.

 

14-63.011 Non-Compliance.

(1) Suspension, revocation, or denial of permit. The Department District Secretary, or designee, for good cause, will deny, revoke, or suspend any permit for a specified period of time up to 12 months. Good cause includes, but is not limited to:

(a) Failure by the permittee or its his agents to comply with the requirements regulations of this rule chapter or the requirements of Chapter 316, F.S.

(b) A determination by the Department that the permittee has submitted a misleading permit application or information.

(c) Failure by the permittee or its his agents to comply with the terms of the permit.

(d) Travel by the permittee on other than approved routes.

(e) Instances in which the permittee or its agent has previously undertaken a move without obtaining the necessary permit.

(f) Other reasons of health, safety, or welfare.

(2) Penalties.

(a) In addition to a suspension, revocation, or denial of a current permit for cause as set forth in Subsection (1), in any 12 month period, the Department, for good cause, as defined in Subsection (1), will deny issuance of future permits for periods of time as follows:

 

VIOLATION OF PRIOR PERMIT	PERMIT DENIAL PERIOD
First	30 Days
Second	180 Days
Third	12 Months

 

VIOLATION OF PRIOR PERMIT              PERMIT DENIAL PERIOD

First                                                                                                                30 Days

Second                                                                                                  180 Days

Third                                                                                                  12 Months

However, the Department will may not refuse to issue a permit because of an alleged violation(s) until a final order is entered or the permittee does not request an administrative hearing the Department’s action has become final pursuant to subsection (3).

(b) Any person who fails to obtain a permit or violates the provisions of a permit issued under this rule chapter shall pay a penalty. All penalties collected under this rule chapter shall be credited to the State Transportation Fund. Under the provisions of Rule Chapter 14A-1, F.A.C., any person aggrieved by the imposition of a civil penalty pursuant to this rule chapter may appeal to the Commercial Motor Vehicle Review Board. The Commercial Motor Vehicle Review Board may modify, cancel, revoke, or sustain such penalty.

(c) Penalties shall be imposed on overdimensional loads or vehicles building movements as follows:

 

TYPE OF VIOLATION	PENALTY
Operating without a permit.	Ten times the cost of the permit not to exceed $500
Violating the terms or conditions of a current permit.	$250 per violation, up to a maximum of $1,000
Modifying the terms or conditions of a current permit.	Ten times the cost of the permit not to exceed $500.

 

TYPE OF VIOLATION                                 PENALTY

1. Operating without a permit.                            Ten times the cost of the
                                                                                                                permit not to exceed
                                                                                                                $500.00.

2. Violating the terms or

conditions of a current permit.                            $250.00.

3. Modifying the terms or

conditions of a current permit.                            Ten times the cost of the
                                                                                                                permit not to exceed
                                                                                                                $500.00.

(3) Notice of the Department’s intended action will be provided in accordance with Rule 28-106.111, F.A.C. The Department’s action will become final unless a timely petition for a hearing is filed in accordance with Rules 28-106.104, 28-106.201, and 28-106.301, F.A.C. In order to be timely, the petition must be filed with the Department’s Clerk of Agency Proceedings within 21 days after receipt of the Department’s notice, in accordance with Rule 28-106.111, F.A.C.

Specific Authority 316.550, 334.044(2) FS. Law Implemented 120.569, 120.57, 120.60, 316.550 FS. History–New 9-1-71, Formerly 14-63.11, Amended 1-3-90, 7-1-92, 6-24-99,________.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Dale Cook, Traffic Services Manager, State Maintenance Office

NAME OF SUPERVISOR OR PERSON WHO APPROVED THE PROPOSED RULE: Kevin Thibault, Assistant Secretary for Engineering and Operations, for Stephanie C. Kopelousos, Secretary

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: September 12, 2007

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: August 24, 2007