To capture compliance with ASME A17.7 with permit applications, clarify elevator cab changes requiring an alteration permit, and specify an inspection is required to close an alteration permit.

 

DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION

Division of Hotels and Restaurants

RULE NO.:RULE TITLE:

61C-5.006Elevator Fees; Permits; Certificates of Operation; Delinquency Fee; Transfer of Ownership; Certificate Replacement

PURPOSE AND EFFECT: To capture compliance with ASME A17.7 with permit applications, clarify elevator cab changes requiring an alteration permit, and specify an inspection is required to close an alteration permit.

SUMMARY: The proposed rule adopts an updated Affidavit of Elevator Plans Code Compliance, specifies when elevator cab alterations require a permit, and requires inspections to close alteration permits.

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: 399.02, 399.03, 399.07(1), 399.10 FS.

LAW IMPLEMENTED: 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: Michelle Comingore, Division of Hotels and Restaurants, Department of Business and Professional Regulation, 1940 North Monroe Street, Tallahassee, Florida 32399, [phone], [e-mail]

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

61C-5.006 Elevator Fees; Permits; Certificates of Operation; Delinquency Fee; Transfer of Ownership; Certificate Replacement.

(1)(a) A registered elevator company shall apply for a permit to install, alter or relocate an elevator by submitting DBPR HR-7015, APPLICATION FOR PERMIT TO INSTALL, ALTER OR RELOCATE AN ELEVATOR AND CERTIFICATE OF OPERATION, (https://www.flrules.org/Gateway/reference.asp?No=Ref-02245) incorporated herein by reference and effective October 24, 2012; and DBPR HR-7023, AFFIDAVIT OF ELEVATOR PLANS CODE COMPLIANCE, (https://www.flrules.org/Gateway/reference.asp?No=Ref-04185  https://www.flrules.org/Gateway/reference.asp?No=Ref-02246) incorporated herein by reference and effective 2013 November 4 October 24, 2012, completed and signed by a certificate of competency holder or certified elevator inspector authorized by the registered elevator company making application. Any remodel, change to or addition of fixtures or components in the elevator cab that requires a test under the safety standards adopted in Rule 61C-5.001, F.A.C., or meets the definition of an alteration, as defined in Section 399.01(1), F.S., requires an alteration permit.  A replacement, as defined in Rule 61C-5.008, F.A.C., does not require an alteration permit.

1. Each application for a permit to install or relocate an elevator must be accompanied by a permit fee of $250 and the certificate of operation fee specified in paragraph 61C-5.006(4)(a), F.A.C.

2. Each application for a permit to alter must be accompanied by a permit fee of $200 and a list of the alterations to be performed under the permit.

(b) through (d) No change.

(e) The permit is satisfied and closed upon the completion of a satisfactory initial acceptance inspection  or alteration acceptance inspection performed in compliance with Chapter 399, F.S., and this rule chapter.

(2) through (8) No change.

Rulemaking Authority 399.02, 399.03, 399.07(1), 399.10 FS. Law Implemented 399.03, 399.061, 399.07 FS. History–New 8-21-79, Amended 11-20-79, 10-8-81, 4-21-82, 8-1-82, 11-27-83, 9-19-84, 10-8-85, Formerly 7C-5.06, Amended 10-31-88, 7-1-92, 10-11-92, Formerly 7C-5.006, Amended 2-2-94, 1-1-98, 5-24-01, 9-17-07, 4-21-13,___________.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Diann Worzalla, 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: May 22, 2014

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: January 22, 2014