Florida Regulations 61C-5.013: Service Maintenance Contracts, Reporting Requirements; and Maintenance Control
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(1) A service maintenance contract as defined by Florida Statutes § 399.01(10), must include routine examinations and periodic safety tests and meet the following minimum requirements:
(a) Routine examinations and periodic safety tests must follow the procedures established by the safety standards adopted in Fl. Admin. Code R. 61C-5.001
(b) Routine examinations shall be performed at least annually. Category 1 periodic safety tests, as defined in ASME A17.1, as adopted by reference in Fl. Admin. Code R. 61C-5.001, shall be performed annually. Category 5 periodic safety tests, as defined in ASME A17.1, as adopted by reference in Fl. Admin. Code R. 61C-5.001, shall be performed every five years. Routine examinations and periodic safety tests must be performed by a certified elevator technician or certified elevator inspector.
(c) The registered elevator company must make a written performance record indicating the date or dates of routine examinations and required testing. This performance record must be maintained in the elevator machine room and, available for review by the division or its contractual designees.
(2)(a) The owner or lessee, when owner responsibilities are specifically assigned by lease, must verify the existence of a valid service maintenance contract on a two-stop elevator or other conveyance in order for the elevator to qualify for the annual inspection exemption under Florida Statutes § 399.061(1) Annual verification is required to renew the certificate of operation without obtaining a current satisfactory inspection. Verification must be submitted to the division through the owner’s online account located on the department’s website, or by submitting DBPR Form HR 5023-060, Verification of Service Maintenance Contract (https://www.flrules.org/Gateway/reference.asp?No=Ref-02989), adopted herein by reference and effective 2013 July 9, or a written document providing the same information. Copies of this form are available from the Division of Hotels and Restaurants website at www.MyFloridaLicense.com/dbpr/elevator-safety/; by email to dhr.elevators@myfloridalicense.com; by phone request to the department at (850)487-1395; 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.
(b) The registered elevator company holding a service maintenance contract for a two-stop elevator or other conveyance may, upon the owner’s request, verify the existence of a valid service maintenance contract. Verification must be submitted through the elevator company’s online account located on the department’s website, or by submitting DBPR Form HR 5023-060, Verification of Service Maintenance Contract or a written document providing the same information. The owner or lessee retains responsibility for ensuring the division receives either the annual verification or annual inspection required to renew a certificate of operation.
(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), F.S., must notify the division within 30 days of cancellation or expiration of the service maintenance contract. Notification must be submitted to the division through the owner’s or lessee’s online account located on the department’s website, or by submitting DBPR Form HR 5023-060, Verification of Service Maintenance Contract or a written document providing the same information. Notification is not required if the service maintenance contract is renewed or a new contract is executed within 30 days of cancellation or expiration and proper annual verification of the new or renewed service maintenance contract is submitted 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), F.S., must notify the division in writing within 30 days of transfer of ownership of the service maintenance contract.
(5) The owner or lessee, when owner responsibilities are specifically assigned by lease, must have a maintenance control program in compliance with 8.6.1.2 of ASME A17.1, as adopted by reference in Fl. Admin. Code R. 61C-5.001
(6) Written verifications and notifications shall be mailed 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, or emailed to dhr.elevators@myfloridalicense.com.
Rulemaking Authority 399.02, 399.061, 399.10 FS. Law Implemented 399.01, 399.061 FS. History-New 2-2-94, Amended 10-4-00, 4-2-08, 9-10-13.
Terms Used In Florida Regulations 61C-5.013
- Contract: A legal written agreement that becomes binding when signed.
- Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
(b) Routine examinations shall be performed at least annually. Category 1 periodic safety tests, as defined in ASME A17.1, as adopted by reference in Fl. Admin. Code R. 61C-5.001, shall be performed annually. Category 5 periodic safety tests, as defined in ASME A17.1, as adopted by reference in Fl. Admin. Code R. 61C-5.001, shall be performed every five years. Routine examinations and periodic safety tests must be performed by a certified elevator technician or certified elevator inspector.
(c) The registered elevator company must make a written performance record indicating the date or dates of routine examinations and required testing. This performance record must be maintained in the elevator machine room and, available for review by the division or its contractual designees.
(2)(a) The owner or lessee, when owner responsibilities are specifically assigned by lease, must verify the existence of a valid service maintenance contract on a two-stop elevator or other conveyance in order for the elevator to qualify for the annual inspection exemption under Florida Statutes § 399.061(1) Annual verification is required to renew the certificate of operation without obtaining a current satisfactory inspection. Verification must be submitted to the division through the owner’s online account located on the department’s website, or by submitting DBPR Form HR 5023-060, Verification of Service Maintenance Contract (https://www.flrules.org/Gateway/reference.asp?No=Ref-02989), adopted herein by reference and effective 2013 July 9, or a written document providing the same information. Copies of this form are available from the Division of Hotels and Restaurants website at www.MyFloridaLicense.com/dbpr/elevator-safety/; by email to dhr.elevators@myfloridalicense.com; by phone request to the department at (850)487-1395; 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.
(b) The registered elevator company holding a service maintenance contract for a two-stop elevator or other conveyance may, upon the owner’s request, verify the existence of a valid service maintenance contract. Verification must be submitted through the elevator company’s online account located on the department’s website, or by submitting DBPR Form HR 5023-060, Verification of Service Maintenance Contract or a written document providing the same information. The owner or lessee retains responsibility for ensuring the division receives either the annual verification or annual inspection required to renew a certificate of operation.
(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), F.S., must notify the division within 30 days of cancellation or expiration of the service maintenance contract. Notification must be submitted to the division through the owner’s or lessee’s online account located on the department’s website, or by submitting DBPR Form HR 5023-060, Verification of Service Maintenance Contract or a written document providing the same information. Notification is not required if the service maintenance contract is renewed or a new contract is executed within 30 days of cancellation or expiration and proper annual verification of the new or renewed service maintenance contract is submitted 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), F.S., must notify the division in writing within 30 days of transfer of ownership of the service maintenance contract.
(5) The owner or lessee, when owner responsibilities are specifically assigned by lease, must have a maintenance control program in compliance with 8.6.1.2 of ASME A17.1, as adopted by reference in Fl. Admin. Code R. 61C-5.001
(6) Written verifications and notifications shall be mailed 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, or emailed to dhr.elevators@myfloridalicense.com.
Rulemaking Authority 399.02, 399.061, 399.10 FS. Law Implemented 399.01, 399.061 FS. History-New 2-2-94, Amended 10-4-00, 4-2-08, 9-10-13.