Notice of Proposed Rule

DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION
Division of Hotels and Restaurants
RULE NO.: RULE TITLE:
61C-5.025: Hydraulic Supply Shut-off Valves
PURPOSE AND EFFECT: The proposed rule eliminates the potential safety risk associated with hydraulic supply shut-off valves known as “knock-style valves” by prohibiting that type of valve and requiring replacement.
SUMMARY: The proposed rule prohibits the use of hydraulic supply shut-off valves known as “knock-style valves” and requires the valve be replaced.
OTHER RULES INCORPORATING THIS RULE: N/A
EFFECT ON THOSE OTHER RULES:N/A
SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS AND LEGISLATIVE RATIFICATION:
The Agency has determined that this will 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 been prepared by the agency.
This rule will create a minimal, one-time economic impact that is not expected to exceed $2,500 per occurrence and will provide employment opportunity to the elevator industry. The part replacement will not raise the price or reduce quantity of goods or services and may create a short-term increase in workforce needs. The regulatory costs created by this rule will be a single occurrence with minimal cost and will not impact product development or innovation. Other states have taken similar steps regarding this safety issue. The rule is expected to apply to approximately 200 elevators, including approximately 50 small businesses. A majority of the elevators are located in condominium buildings. The total one-time, non-recurring costs should not exceed $2,000 to $2,500 per elevator, for a statewide total of $500,000. The department is able to implement this rule with existing staff, but local contracted jurisdictions will also enforce this rule and may incur minimal implementation and enforcement costs. This rule will address a public safety concern while creating a minimal fiscal impact on elevator owners. The total cost per small business depends upon the number of impacted elevators each business owns. Impact on small county or small city is indeterminate at this time.
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, 399.10 FS.
LAW IMPLEMENTED: 399.001, 399.061 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, Telephone: (850)488-1133

THE FULL TEXT OF THE PROPOSED RULE IS:

61C-5.025 Hydraulic Supply Shut-off Valves.

Regardless of other code requirements, hydraulic supply shut-off valves known as “knock-style valves” are prohibited from use and must be replaced prior to obtaining a renewal certificate of operation.

Remaking Authority 399.02, 399.10 FS. Law Implemented 399.001 FS. History–New________.


NAME OF PERSON ORIGINATING PROPOSED RULE: Bill Each, Director, Division of Hotels and Restaurants, Department of Business and Professional Regulation
NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Ken Liaison, Secretary, Department of Business and Professional Regulation
DATE PROPOSED RULE APPROVED BY AGENCY HEAD: February 28, 2012
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: March 5, 2010