Notice of Proposed Rule

DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION
Division of Hotels and Restaurants
RULE NO: RULE TITLE
61C-5.001: Elevators, Dumbwaiters, Escalators, Moving Walks, Manlifts, Inclined and Vertical Wheelchair Lifts and Inclined Stairway Chairlifts
61C-5.0012: Electrolysis Protection for Underground Hydraulic Elevator Cylinders
61C-5.004: Bulletin Boards
61C-5.0051: Emergency Stop Switches and In-Car Stop Switches
61C-5.009: Venting of Hoistways, Minimum Requirements
61C-5.011: Alterations to Electric and Hydraulic Elevators and Escalators
61C-5.013: Service Maintenance Contracts
PURPOSE AND EFFECT: The proposed rule amendments update and simplify the rule by adopting state and national elevator safety and maintenance standards. The proposed rule amendments also adopt service maintenance contract reporting requirements.
SUMMARY: The proposed rule amendments update the elevator safety standards adopted by reference; re-align the rule with the Florida Building Code; and adopt service maintenance contract reporting requirements, as required by Section 399.061(1)(b), Florida Statutes.
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: 399.10 FS.
LAW IMPLEMENTED: 399.01, 399.02, 399.061 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: Doug Melvin, Bureau Chief, Department of Business and Professional Regulation, Division of Hotels and Restaurants, Bureau of Elevator Safety, 1940 North Monroe Street, Tallahassee, FL 32399-1012, telephone: (850)488-9098

THE FULL TEXT OF THE PROPOSED RULE IS:

61C-5.001 Standards Adopted; Exclusions; and Conflicts Elevators, Dumbwaiters, Escalators, Moving Walks, Manlifts, Inclined and Vertical Wheelchair Lifts and Inclined Stairway Chairlifts.

(1) Adopted Standards. The installation and maintenance of elevators, dumbwaiters, escalators, moving walks, manlifts, inclined and vertical wheelchair lifts, and inclined stairway chairlifts, in Florida, shall be governed by the following standards, which are hereby adopted and incorporated by reference, with certain amendments and exclusions. This rule shall not apply to hand-operated dumbwaiters, construction hoists, or other similar temporary lifting or lowering apparatus.

(a) Chapter 30, Elevators and Conveying Systems, of the 2004 Florida Building Code, including the 2006 supplements;

(b) American National Standard Guide for Inspection of Elevators, Escalators, and Moving Walks, ASME A17.2-2004; and

(c) The Uniform Fire Safety Standards for Elevators, Chapter 69A-47, Florida Administrative Code, established by the Department of Financial Services.

(2) Exclusions. This rule chapter shall not apply to manlifts, hand-operated dumbwaiters, construction hoists, or other similar temporary lifting or lowering apparatus. The following standards are specifically excluded from Chapter 30, Elevators and Conveying Systems, Florida Building Code, as incorporated by reference:

(a) ASME A90.1, American National Standard Safety Standard for Belt Manlifts;

(b) ASME B20.1, Safety Standard for Conveyors and Related Equipment; and

(c) ALI ALCTV, Safety Requirements for Automotive Lifts.

(3) When conflicts occur between provisions of the Florida Building Code and provisions of other adopted codes, the provisions of the Florida Building Code shall apply.

(1) American National Standard Safety Code for elevators and escalators, ASME A17.1,1996 edition, effective 10-4-00, and ASME A17.1a, 1997 addenda, effective 10-4-00, and ASME A17.1b, 1998 addenda, effective 10-4-00.

(2)(a) American National Standard Inspectors Manual for Electric Elevators, ASME A17.2.1, 1996 edition including ASME A17.2.1a, 1997 Addenda and ASME A17.2.1b, 1998 Addenda.

(b) American National Standard inspectors Manual of Hydraulic Elevators ASME A17.2.2, 1997 edition including ASME A17.2.2a, 1998 Addenda.

(c) American National Standard Inspectors Manual for Escalators and Moving Walks, ASME A17.2.3, 1998 edition.

(3) American National Standard Safety Code for Manlifts, ASME 90.1,1992 edition.

(4) National Fire Protection Association, NFPA-70, National Electrical Code, 1999 edition.

(5) The Uniform Fire Safety Standards for Elevators, chapter 4A-47, Florida Administrative Code, established by the Department of Insurance, State Fire Marshal's Office, are hereby adopted by reference.

(6) Each elevator shall be accessible to Americans with Disabilities in accordance with 28 CFR Part 36, the Federal Americans with Disabilities Act Accessibility Guidelines, Appendix B, Sections 4.10 and 4.11 and all applicable requirements, references, and drawings set forth in these sections.

(7) The following rules of ASME A17.1, are hereby amended as follows:

(a) Rule 211.9e is added, and reads as follows: Each car in a multicar group shall be sequentially numbered from left to right, as viewed from the elevator lobby.

(b) Rule 101.3a of the ASME A17.1, which is amended to read as follows: Rule 101.3a General Requirements. A permanent, safe and convenient means of access to elevator machine rooms and overhead machinery spaces shall be provided for authorized persons. The key to the machine rooms and overhead machinery spaces shall be kept on the premises at all times and readily available for use by state elevator inspectors.

(c) Rule 211.8 Switch Keys, of ASME A17.1, is amended to read as follows: The switches required by Rule 211.2 through 211.5, for all elevators in a building, must be operable by the same keys. This key must not operate any other switch and shall not be part of a building master key system. There must be a key for the designated level switch and for each elevator in the group. These keys must be kept on the premises at all times in a location readily accessible to authorized personnel, and state elevator inspectors, but not where the key is available to the general public. NOTE: (RULE 211.8): Local authorities may specify a uniform keyed lock box to contain the necessary keys.

(d) Rule 805.2d is added, and reads as follows: The key for the starting switches must be kept on the premises at all times in a location readily available to authorized personnel and state elevator inspectors, but not where the key is available to the general public.

(e) Rule 106.1b(3). Drains connected directly to sewers shall not be installed in elevator pits. Where drains are not provided to prevent the accumulation of water, a sump of adequate size and depth to accommodate a pump shall be provided, with or without a pump.

(8) Specifically excluded from ASME A17.1, as adopted by reference, 1996 edition and supplements are:

(a) Part XVIII, entitled Screw Column Elevators.

(b) Part XXI, entitled Private Residence Inclined Stairway Chairlifts and Inclined and Vertical Wheelchair Lifts.

(c) Section 1200 General Requirements, Rule 1200.1 Conformance with Safety Code for Existing Installations.

(d) Part V, Private Residence Elevators.

Specific Authority 399.10 399.02 FS. Law Implemented 399.02 FS. History–Amended 10-20-63, 4-20-64, 11-17-73, 12-20-73, Revised 3-22-74, Amended 12-18-74, 8-21-79, 8-1-82, 9-19-84, Formerly 7C-5.01, Amended 11-1-87, 10-31-88, 6-12-89, 9-10-89, 10-3-90, 5-12-91, 6-23-91, 8-9-91, 8-27-92, Formerly 7C-5.001, Amended 2-2-94, 8-1-96, 1-1-98, 10-4-00,_________.

 

61C-5.0012 Electrolysis Protection for Underground Hydraulic Elevator Cylinders.

All newly installed and replacement underground hydraulic pressure cylinders shall be encased in an outer plastic containment to minimize electrolytic corrosion between the metal cylinder and ground cathode and shall conform to Chapter 30, Section 3009, of the Florida Building Code, as incorporated by reference.

(1) The plastic casing shall be capped at the bottom, and all joints must be solvent or heat welded to insure water tightness.

(2) The plastic casing shall be constructed of polyethylene or polyvinyl chloride (PVC). The plastic pipe wall thickness must not be less than .125 inches (3.175 mm).

(3) The neck of the plastic casing shall have a means of inspection provided to monitor the annulus between the pressurized hydraulic cylinder and the protective plastic casing.

(4) Replacements of existing hydraulic cylinders shall be protected by the aforementioned method where existing physical dimensions permit.

Specific Authority 399.10 399.02 FS. Law Implemented 399.02 FS. History–New 9-10-89, Formerly 7C-5.0012, Amended________.

 

61C-5.004 Bulletin Boards.

All bulletin boards and frames used in elevator cars shall conform to Chapter 30, Section 3010, of the Florida Building Code, as incorporated by reference.

(1) Bulletin boards and frames used in elevator cars shall not create any conditions which will be unsafe for user of the elevator car. Users shall include:

(a) Disabled persons;

(b) Persons confined to wheelchairs; and

(c) All other persons who may operate the elevator car in its normal course of use.

(2) Bulletin boards shall not protrude more than 1 inch beyond the vertical line of the car wall. They shall not encroach on any clearances required to be maintained in the elevator by Chapter 399, Florida Statutes, and ASME A17.1.

(3) Bulletin boards shall be framed and all edges must be smooth and rounded. No sharp edges of any kind shall protrude.

(4) A glass or plastic cover shall be provided. Glass, if used, must meet the following requirements:

(a) Be laminated;

(b) Meet the requirement for laminated glass as set forth in ANSI Z97.1;

(c) The cover shall be securely held in place by the frame.

(5) The frame and bulletin board shall be permanently fastened to the car wall in such a manner so that all parts including the cover in place will withstand any and all tests required of the elevator.

(6) All materials used shall be fire resistive equal to the requirements of the cab enclosure.

(7) The bottom of the bulletin boards shall not be less than 4 feet above the cab floor, and no less than three inches above a handrail. The total area shall not exceed 4 square feet.

Specific Authority 399.10 399.02 FS. Law Implemented 399.02(2) FS. History–New 5-14-79, Amended 8-1-82, Formerly 7C-5.04, Amended 10-31-88, 4-11-91, Formerly 7C-5.004, Amended 2-2-94, 10-4-00,_________.

 

61C-5.0051 Emergency Stop Switches and In-Car Stop Switches.

(1) Emergency Stop Switches. Only passenger elevators with non-perforated enclosures, installed prior to May 14, 1979, shall be permitted to have an emergency stop switch in the elevator car. The emergency stop switch shall be located in or adjacent to the operating panel of the elevator car in accordance with the ASME A17.1a-2005, rule 2.26.2.5, hereby incorporated by reference 210.2(e).

(a) Exception. The requirements of subsection (1) of this rule shall not apply to those elevators whose owners have removed the emergency stop switch after receiving written approval from the division.

(b) An emergency stop switch shall be provided in the car of all freight and passenger elevators with a perforated enclosure, in accordance with ASME A17.1a-2005, rule 2.26.2.5, as incorporated by reference210.2(e).

(2) In-Car Stop Switch – New Installations. On passenger elevators equipped with non-perforated enclosures, a stop switch, either key operated or behind a locked cover, shall be provided in the car and located in or adjacent to the car operating panel, in accordance with ASME A17.1a-2005, rule 2.26.2.21, hereby incorporated by reference 210.2(v).

Specific Authority 399.10 399.02 FS. Law Implemented 399.02 FS. History–New 5-6-90, Formerly 7C-5.0051, Amended 2-2-94,_________.

 

61C-5.009 Venting of Hoistways, Minimum Requirements.

The following requirements shall apply unless local applicable codes provide a more stringent standard:

(1) Hoistways of elevators serving more than three stories shall be provided with means for venting smoke and hot gases to the outer air in case of fire. Hoistway vents shall conform to Chapter 30, Section 3004, of the Florida Building Code, as incorporated by reference. However, such requirement shall not apply to hoistways not extending into the top floor of the building, in buildings other than hotels, apartment houses, hospitals and similar buildings with overnight sleeping quarters, where the hoistways are equipped with automatic sprinklers connected to the building water supply system or to an approved automatic sprinkler system. Refer to National Fire Protection (NFPA) No. 13 Sprinkler Systems.

(2) Vents shall be located:

(a) In the side of the hoistway enclosure directly below the floor or floors at the top of the hoistway, and shall open either directly to the outer air through noncombustible ducts to the outer air; or

(b) If approved by a local building official, in the wall or roof of the penthouse or overhead machinery space above the roof, provided that openings have a total area not less than the minimum specified in subsection (3) of this rule.

(3) The area of the vents shall be not less than 3.5 percent of the area of the hoistway nor less than 3 square feet for each elevator car, whichever is greater. Of the total required vent area, not less than 1/3 shall be permanently open or automatically opened by a damper. A hinged damper which will open under a small amount of pressure shall be considered a permanently open vent. However, where mechanical ventilation providing equivalent venting of the hoistway is provided, the required vent area may be reduced if it maintains adequate ventilation and if:

(a) The building is not a hotel, apartment house, hospital or similar building with overnight sleeping quarters, or

(b) The hoistway or machine room is so located that it has no outside exposure, or

(c) The hoistway does not extend to the top of the building, or

(d) The hoistway or machine room exhaust fan is automatically reactivated by thermostatic means.

Specific Authority 399.10 399.02 FS. Law Implemented 399.02 FS. History–New 7-12-83, Formerly 7C-5.09, Amended 11-1-87, 10-31-88, Formerly 7C-5.009, Amended 2-2-94, 10-4-00,________.

 

61C-5.011 Alterations to Electric and Hydraulic Elevators and Escalators.

(1) All alterations as set forth in Chapter 30, Section 3011 of the Florida Building Code, as incorporated by reference, require that inspections and tests be performed to determine conformance with the ASME A17.1. Replacement of the critical system components referenced in Chapter 30, Section 3011 of the Florida Building Code, as incorporated by reference, shall require an alteration permit and satisfactory completion of all tests listed. In addition to the alterations set forth in Rule 1003.3 and Rule 1006.3, ASME A17.1, 1996, the following alterations require, in addition to a construction permit, that inspections and tests be performed to determine conformance with the ASME A17.1, 1996, rules cited below:

 

ALTERATIONS

Electric Elevators

Hydraulic Elevators

(a) Addition of elevator to existing hoistway (new installation)

1201.1b

1201.1b

(b) Brake (replacement of existing drive machine brake by a new brake)

208-210.8

_______

(c) Buffer (addition of oil buffer)

1202.2

1203.2b

(d) Driving machine (replacement of)

1202.9a

1203.3

(e) Freight elevator converted to passenger service

1202.8a

1203.2h

(f) Rope, replacement in size or number of ropes

1200.4d

1200.4d

(g) Sheave, driving machine (replacement in size)

1202.9a

1202.9a

 

(2) The following alterations require, in addition to a construction permit, that inspections be performed to determine conformance with the ASME A17.1, 1996, rule cited below:

 

ALTERATIONS

Electric Elevators

Hydraulic Elevators

(a) Access Switch (addition of)

1201.11d

1203.1k

(b) Automatic transfer device (addition of)

1205

1205

(c) Car, door or gate (addition of car door or gate electric contacts)

1202.5

1203.2e

(d) Car enclosure

1202.5

1203.2e

(e) Car leveling device (addition of) and (trucking device)

1202.12b

1203.8b

(f) Control

1202.12e

1203.8f

(g) Control equipment

1202.12

1203.8

(h) Controller (existing controller w/new) (excluding dispatching device)

1202.12d

1203.8e

(i) Counterweight (change of)

1202.3

1203.2c

(j) Increase in travel (or decrease)

1202.10a

1203.4a

(k) Door, hoistway (replacement of all hoistway doors)

1201.10

1203.1j

(l) Escalator, relocation of

1207

______

(m) Escalator, skirt switches (addition of safety device)

805

______

(n) Freight elevator permitted to carry passengers

1202.8c

1203.2j

(o) Guide rails (change in type or size)

1202.1

1203.2a

(p) Hoistway door, power operation of (addition of)

1201.12

1203.1m

(q) Hoistway door locking device (addition of)

1201.11

1203.1k

(r) Operation, change in type of

1202.12f

1203.8q

(s) Platform, car (complete replacement of)

1202.4a

1203.2d

(t) Roller guide shoe, counter-weight and car (addition of)

1202.3

1202.3

(u) Rope equalizer (addition of)

1202.14c

1203.9c

(v) Rope fastening device, auxiliary (addition of)

1202.14d

1202.14d

(w) Tank (replacement of) (with different capacity)

_______

1203.6

(x) Top of car operating device (addition of)

1202.12a

1203.8a

 

Specific Authority 399.10 399.02 FS. Law Implemented 399.02 FS. History–New 2-11-92, Formerly 7C-5.0011, Amended 8-1-96, 10-4-00,________.

 

61C-5.013 Service Maintenance Contracts.

(1) For the purpose of this chapter, the term “routine examination” as it relates to the definition of a service maintenance contract means:

(a) Registered elevator companies that enter into service maintenance contracts with elevator owners must follow the procedures within the scope of ASME A17.2, as incorporated by reference. 1, A17.2.2, A17.2.3, Inspectors Manual, and latest Addendas, for its routine examinations and periodic safety tests of elevators;

(b) The periodic safety tests required by ASME A17.1 and its latest Addendas and supplements, as referenced in the Florida Building Code, must be conducted within the time frames established by that standard;

(c) through (d) No change.

(2) If the periodic safety required code related tests required by ASME A17.1 and its latest Addendas and supplements, as referenced in the Florida Building Code, are not included in a service maintenance contract, the service contract will not be valid and will would not be considered to be a service maintenance contract as defined by pursuant to Section 399.01(10)(7), Florida Statutes.

(3) The owner or lessee, when owner responsibilities are specifically assigned by lease, of a two-stop elevator or other conveyance not requiring an annual inspection pursuant to Section 399.061(1)(a), Florida Statutes, must notify the division in writing within 30 days of cancellation, termination, or expiration of the service maintenance contract. For the purpose of this section, notification is not required if the service maintenance contract is renewed or a new contract is executed within 30 days of cancellation, termination, or expiration, provided that proper notification of the terms of the new or renewed contract is submitted by the registered elevator company on letterhead attesting to the existence of a service maintenance agreement as required for license renewal.

(4) The owner or lessee, when owner responsibilities are specifically assigned by lease, of a two-stop elevator or other conveyance not requiring an annual inspection pursuant to Section 399.061(1)(a), Florida Statutes, must notify the division in writing within 30 days of transfer of service maintenance contract ownership.

(5) Written notifications shall be mailed to the Bureau of Elevator Safety, Division of Hotels and Restaurants, Department of Business and Professional Regulation, 1940 North Monroe Street, Tallahassee, Florida 32399.

Specific Authority 399.10 399.02 FS. Law Implemented 399.01, 399.061 FS. History–New 2-2-94, Amended 10-4-00,_________.


NAME OF PERSON ORIGINATING PROPOSED RULE: Doug Melvin, Bureau Chief, Division of Hotels and Restaurants, Department of Business and Professional Regulation
NAME OF SUPERVISOR OR PERSON WHO APPROVED THE PROPOSED RULE: Holly Benson, Secretary, Department of Business and Professional Regulation
DATE PROPOSED RULE APPROVED BY AGENCY HEAD: November 26, 2007
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: December 15, 2006