Fla. Admin. Code R. 61C-5.006

Current through Reg. 50, No. 235-239, December 10, 2024

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

(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-09062) incorporated herein by reference and effective 2018 January; and DBPR HR-7023, Affidavit of Elevator Plans Code Compliance, (https://www.flrules.org/Gateway/reference.asp?No=Ref-09063) incorporated herein by reference and effective 2018 January, 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 ASME A17.1, as 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 subsection 61C-5.006(4), 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) A copy of the permit must be posted at the construction site while work is in progress.

(c) Every permit issued becomes invalid unless the work authorized by such permit is commenced within 6 months after issuance, or if the work authorized by such permit is suspended or abandoned for a period of 60 days after the time the work is commenced. For good cause, one or more extensions of time may be allowed after the permit holder has commenced work, ordered parts, or started construction on the elevator. Requests for extensions of time must be in writing and must include the circumstances leading to the request and the requested length of the extension. An extension request is not approved until signed by the director of the Division of Hotels and Restaurants or the director's designee.

1. An extension of time for good cause shall be granted due to delays in construction arising from the non-availability of parts necessary to complete construction; the occurrence of a natural disaster or civil disturbance; the injury, illness, or death of an involved material party to the construction; or other hardship as approved by the director or the director's designee.

2. Extensions will not be granted when the director or it's designee determines that the delay is the fault of the contractor or applicant; the delay results from failing to diligently pursue construction; or the necessity for the extension is due to the party's own negligence and would have been avoided by the party's exercise of due diligence.

(d) At least five days prior to the initial acceptance inspection, the permitholder must notify the division of the date and time of the scheduled inspection. If the initial acceptance inspection is rescheduled, the permitholder must notify the division as soon as the new date and time is determined. Rescheduled initial acceptance inspections are not subject to the five-day notification requirement.

(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)

(a) Upon completion of a satisfactory initial acceptance inspection for a permit to install or relocate, the certified elevator inspector must issue a temporary certificate of operation by completing the inspector copy of DBPR Form HR 5023-005, Temporary Operating Permit/Temporary Certificate of Operation, (https://www.flrules.org/Gateway/reference.asp?No=Ref-02247) incorporated herein by reference and effective October 8, 2012, and place it in the elevator license frame. A temporary certificate of operation is valid for 60 days from the date of the satisfactory inspection or until receipt of the initial certificate of operation from the division, whichever occurs first.

(b) The division will issue the initial certificate of operation upon receipt of proof of a satisfactory initial acceptance inspection.

(c) If the initial certificate of operation is issued to a person other than the owner taking possession of the building, the building owner or an authorized representative must apply for a change of owner within 30 days of taking possession of the building by submitting DBPR HR-7025, Application for Elevator Change of Owner and Certificate of Operation, (https://www.flrules.org/Gateway/reference.asp?No=Ref-11110) incorporated herein by reference and effective 2019 August. If the certificate of operation will expire within 90 days of the owner taking possession of the building, the elevator owner shall apply for a change of owner with license renewal as described on form DBPR HR-7025.

(3) All certificates of operation will expire on July 31 at 11:59 p.m. of each year. Applications and fee payments for renewal of certificates of operation not postmarked or received before August 1 of each year will be deemed delinquent. The following items are required for renewal and must be received by the Bureau of Elevator Safety prior to issuance of a renewal certificate of operation:

(a) The certificate of operation fee; and,

(b) Proof of a current satisfactory inspection, or

(c) Those two-stop elevators or other conveyances not requiring an inspection pursuant to Section 399.061(1)(a), F.S., shall either have on file with the bureau verification of a valid service maintenance contract as described in Rule 61C-5.013, F.A.C., or submit proof of a current satisfactory inspection.

(d) A delinquent certificate of operation renewal must be accompanied by a late fee of $50 in addition to the certificate of operation fee.

(4) The certificate of operation fee shall be $75 for each type of installation and class as follows:

TYPE OF INSTALLATION	CLASS	TYPE OF INSTALLATION	CLASS
Traction Passenger	01	Screw Column	11
Hydraulic Passenger	02	Escalator	12
Traction Freight	03	Hand Elevator	13
Hydraulic Freight	04	Sidewalk Elevator	14
Hand Power Passenger	05	Material Lift/Dumbwaiter with Automatic Transfer Device	15
Hand Power Freight	06	Special Purpose Personnel Elevator	16
Moving Walk	07	Inclined Stairway Chairlift	17
Inclined Lift	08	Inclined & Vertical Wheelchair Lift	18
LU/LA (Limited Use/Limited Application	09	Rack and Pinion	19
Dumbwaiter	10

(5) Certificate of operation renewal is the responsibility of the current elevator owner or lessee, when owner responsibilities are specifically assigned by lease. The current owner or lessee is responsible for applying for a change of owner within 30 days after transfer of ownership or lease assignment by submitting DBPR HR-7025, Application for Elevator Change of Owner and Certificate of Operation. If the certificate of operation will expire within 90 days of the owner taking possession of the building, the elevator owner shall apply for a change of owner with license renewal as described on form DBPR HR-7025. The division will issue a new certificate of operation to the new owner or lessee upon receipt of a completed application. No fee will be charged for processing a change of owner without license renewal as described on form DBPR HR-7025.

(6) Replacement of a mutilated or lost certificate of operation must be provided to the owner when a request is received by the division. Such requests must include the elevator license number, business name and address, and a contact name and phone number. Requests for a replacement certificate of operation may be submitted by phone, e-mail, fax, or in writing to the division.

(7) These Fees are Nonrefundable.

(8) A certificate of operation holder must submit DBPR Form HR-7016, Elevator Owners Accident Report (https://www.flrules.org/Gateway/reference.asp?No=Ref-15390) incorporated herein by reference and effective 2023 February, within 5 working days of any elevator accident as required in Section 399.125, F.S.

An Elevator Owners Accident Report is required to be submitted when the operation of a conveyance results in an accident including, but not limited to, an entrapment or bodily injury.

(9) Obtaining forms. All forms incorporated in this section are available from the Division of Hotels and Restaurants website at http://www2.MyFloridaLicense.com/elevator-safety/; by email to dhr.elevators@myfloridalicense.com; or upon written request to the Department of Business and Professional Regulation, Division of Hotels and Restaurants, Bureau of Elevator Safety, 2601 Blair Stone Road, Tallahassee, Florida 32399-1013.

Fla. Admin. Code Ann. R. 61C-5.006

Rulemaking Authority 399.02, 399.03, 399.07(1), 399.10, 399.125 FS. Law Implemented 399.03, 399.061, 399.07, 399.125, 559.79 FS.

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, Amended by Florida Register Volume 40, Number 242, December 16, 2014 effective 12/29/2014, Amended by Florida Register Volume 44, Number 055, March 20, 2018 effective 4/4/2018, Amended by Florida Register Volume 45, Number 201, October 15, 2019 effective 10/29/2019, Amended by Florida Register Volume 49, Number 124, June 27, 2023 effective 7/12/2023.