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Florida Department of Business and Professional Regulation Elevator Safety Technical Advisory Council Meeting

November 15, 2016 9:00 a.m. to 1:00 p.m.

Conference Center at Corporate Center I 2202 N. Westshore Blvd., Suite 122, Tampa, Florida 33607

MEMBERS: John Antona, Chair; Tim Newton, Vice Chair; John R. Barnott; Tim Mowrey, Sr.; Chris Prather; William Snyder; Jerry Wooldridge; James Yohn

AGENDA

I. Call to Order A. Opening Remarks – Chair B. Roll Call – Michelle Comingore, Bureau Chief C. Introduction of Guests – Chair II. Code of Ethics (Sunshine Law) Overview (Attachment A, pg. 2) – Michelle Comingore III. Review and Approval of Previous Meeting Minutes (Attachment B, pg. 3) – Chair

IV. Stancor Oil Minder Presentation V. Bureau Report – Michelle Comingore

A. Administrative Update B. 2017 Legislative Session C. Rule Report (Attachment C, pg. 10)

VI. Industry Update

A. Building Design – Jerry Wooldridge B. Building Owners & Managers – Chris Prather C. Elevator Service Companies – Tim Mowrey, Sr. D. Labor – James Yohn E. Local Government – John Barnott F. Manufacturing – Tim Newton G. Private Inspections – Bill Snyder H. Public – John Antona

VII. Old Business

A. Temporary Operating Permits for Public Use During Alteration (Attachment D, pg. 13) – John Antona B. Permit Expirations Under Florida Building Code and Other Applicable Codes – Tim Newton & Tim

Mowrey, Sr. VIII. New Business

A. ASME A17.1-2013, Implementation Planning – Michelle Comingore 1. s. 8.6 - Maintenance Control Program & Alternative Testing 2. Other requirements

B. Code Requirements for Rooms Containing Electrical Equipment – Tim Newton C. General Discussion - Open Forum

IX. Next Meeting – Chair

A. Agenda Items and Assignments B. Date and Location

X. Closing Remarks and Adjourn – Chair

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Attachment A SUNSHINE LAW GUIDELINES

(Section 286.011, Florida Statutes)

BASIC REQUIREMENTS Advisory council members are subject to the requirements of Florida's Government in the Sunshine Law, commonly referred to as the Sunshine Law (Section 286.011 F.S.).

There are four basic requirements of section 286.011, Florida Statutes:

(1) Meetings of public boards or commissions (workgroups) must be open to the public; (2) Reasonable notice of such meetings must be given;

(3) Any voting of members must be done in public (including discussions between two or more members regarding a matter on which the council might foreseeably take action); and,

(4) Minutes of the meetings must be taken. APPLICABILITY OF SUNSHINE LAW

Equally applicable to elected and appointed members and applies to any gathering of two or more

members of the same group to discuss some matter which will foreseeably come before that group (Committee, Board, Commission) for action. Applies to advisory groups/councils.

Breaks & recesses.

Written correspondence (reports, emails) circulated among group members.

Telephone conversations and computer communications including e-mails and attachments. The following are prohibited:

Delegation of authority to a single individual.

Use of nonmembers as liaisons between group members. ISSUES NOT SUBJECT TO SUNSHINE LAW REQUIREMENTS

Use of a written report by one member to inform other members of a subject which will be discussed at a public meeting, if prior to the meeting, there is no interaction related to the report among the members.

Members or designee may be authorized to gather information as a fact-finder only.

Members may meet together socially, provided they refrain from discussing matters on which foreseeable

action before the council are discussed.

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Attachment B

FLORIDA DEPARTMENT OF BUSINESS

AND PROFESSIONAL REGULATION

MEETING OF THE

ELEVATOR SAFETY TECHNICAL ADVISORY COUNCIL

TUESDAY, MAY 10, 2016

COMMENCING AT 9:11 A.M.

HELD AT:

REEDY CREEK IMPROVEMENT DISTRICT OFFICE

3RD FLOOR BOARDROOM

1900 HOTEL PLAZA BOULEVARD

LAKE BUENA VISTA, FLORIDA

REPORTED BY:

SANDRA DIANE EVANS

REGISTERED PROFESSIONAL REPORTER

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CALL TO ORDER

The Elevator Safety Technical Advisory Council meeting was called to order at approximately

9:11 a.m. by John Antona, Chair.

Members Present

John Antona, Chair

Tim Newton (via telephone), Vice Chair

Chris Prather

William Snyder

James Yohn

Members Not Present

Rhonda Montoya Hasan

Tim Mowrey (excused)

Jerry Wooldridge (excused)

Others Present

Michelle Comingore, Bureau Chief, Elevator Safety, DBPR

Bob Badke, State Elevator Inspector

Joey Gan, Chief Elevator Inspector, City of Miami Beach

Michael Chavez, Chief Elevator Inspector, Miami-Dade County

Nick Ortiz, Deputy Chief Inspector, Miami-Dade County

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THE MEETING WAS OPENED WITH A ROLL CALL AND A QUORUM WAS ESTABLISHED.

Chair Antona called for acceptance of minutes.

MOTION: Mr. Snyder made a motion to accept the minutes of the last meeting.

SECOND: Mr. Yohn seconded the motion and it passed unanimously.

Bureau of Elevator Safety Report, Michelle Comingore, Chief

Chief Comingore informed council of business process changes, including a department

address change, inspection forms, and a new Notice of Monitoring Inspection process. She

reported the division has a current compliance rate of 98.06% and issued a total of 1,124

administrative cases, including 1,068 citations for unlicensed activity, between September

2015 and April 2016. Chief Comingore reported a fatal accident occurred in North Miami in

January and the final report is pending. Lastly, she informed council that in December 2015

the variance rule was amended to require a license number and remove the requirement to

submit a copy of the certificate of operation. Chief Comingore concluded her report and

accepted questions.

Senate Bill 1602, Michelle Comingore, Chief, Bureau of Elevator Safety

Chief Comingore reported that the Bureau’s position on this is that it is outside of our authority

because it applies to elevators in private residences, even though it is placed in Chapter 399.

The new safety requirements will be enforced by local building authorities once adopted into

the Building Code, which according to the bill, has to be adopted by October 1, 2016. Chief

Comingore read an email from Mr. Mowrey into the record that states he is pushing for initial

inspections for all residential elevators to ensure safety and code compliance.

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After discussion, the following action was taken:

MOTION: Mr. Snyder motioned for the Bureau of Elevator Safety work with the Building

Commission to ensure that the inspections of residential elevators are performed by licensed

elevator inspectors.

SECOND: Mr. Prather seconded the motion and it passed unanimously.

MOTION: Chair Antona made a motion for the Bureau to propose a change to remove the

exemption in Florida Statutes chapter 399 so residential elevators would fall under the

jurisdiction of the Bureau of Elevator Safety.

SECOND: Mr. Prather seconded the motion and it passed unanimously.

61C-5, Sump Pumps

Chief Comingore presented draft rule language and accepted comments and concerns

regarding draft language.

Industry Update

Manufacturing: Represented by Tim Newton. Mr. Newton presented topic for discussion at

next meeting: fused disconnects (three-phased disconnects and elevator camera disconnects)

After discussion, the following action was taken: Item placed on agenda for next meeting.

Building design professional: Represented by Jerry Wooldridge. Not present.

Building owners and managers: Represented by Chris Prather. Nothing to discuss.

Local government: Represented by Rhonda Montoya Hasan. Not present.

Private Inspections: Represented by Bill Snyder. Mr. Snyder discussed no changes to

periodic tests by elevator inspectors.

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Maintenance: Represented by Tim Mowrey. Not present

Labor: Represented by James Yohn. Mr. Yohn reported work has increased and inspectors

are busier.

Public: Represented by John Antona. Chair Antona discussed inconsistencies between

pulling permits in different jurisdictions.

Old Business

2017 Florida Building Code Report

Chair Antona presented proposed modifications for the 2017 Building code related to phase II

firefighter’s service, removal of Section 3002: Hoistway Venting, elevator hoistway

pressurization in accordance with Section 909.21, International Building Code, and referenced

standards.

Report on Permit Expirations, Tim Newton

Mr. Newton reported on the research conducted with Jerry Wooldridge on permit expirations.

After discussion, no action was taken.

New Business

2017 Legislative Proposals

Chief Comingore presented the statutory changes that were proposed for the 2016 Legislative

Session:

• Building code consistency involving the tying of elevator permits to building permits so

that they fall under the same code.

• Stretcher size: require that elevators accommodate the 84 x 24 inch ambulance stretcher.

After discussion, the following action was taken:

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MOTION: Chair Antona made a motion to take out the exclusion of the residential elevators

and add residential elevators under the authority of 399.

SECOND: Mr. Snyder seconded the motion and it passed unanimously.

MOTION: Mr. Snyder made a motion to have the Bureau try to obtain the legislation to remove

the two-stop exemption that currently exists and require them to have a full inspection every

year.

SECOND: Mr. Yohn seconded the motion and it passed unanimously.

MOTION: Chair Antona made a motion to move forward with the two proposals from the 2016

session presented by Chief Comingore.

SECOND: Mr. Yohn seconded the motion and it passed unanimously.

Temporary Operating Permits

Chief Comingore requested input from council as to whether or not there was a condition

under which public use could be allowed for those elevators that are being altered. Majority of

members present were not in favor of any public use during alteration.

After discussion, no action was taken. Council may address at next meeting.

General Discussion- Open Forum

No new topics discussed.

Upcoming Meetings

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The Council discussed the next meeting. The Council decided not to have assignments for the

next meeting. Proposed date of the next meeting: November 15, 2016 to be held in Tampa.

After discussion, the following action was taken:

MOTION: Mr. Yohn made a motion to adjourn.

SECOND: Mr. Snyder seconded the motion.

ADJOURNMENT There being no further business to come before the Committee, the meeting

was adjourned at approximately 11:45am.

THE RULE ADOPTION PROCESSTHE RULE ADOPTION PROCESS

F.A.R. Noticeof Rule

SpecialProceedings if

Requestedin 21 Days:

Materials to JAPCat least 21 daysbefore Adoption

Rule DevelopmentNotice Published

REQUIRED STEPS

Workshop

on Rule

StatementEstimated

Regulatory Cost

Public Hearing

on the Rule

Notice of Changes to JAPC &

Published 21 days before Adoption

Rule filed for Adoption between

28 Days and 90 Days after Notice

Rule Effective 20 Days Later

OPTIONS

DOAHAdministrativeDetermination

As Presented to the House Rulemaking Oversight & Repeal Subcommittee, January 24, 2013, by Ken Plante, Coordinator of the Joint Administrative Procedures Committee.

Updated: 9/29/2016 Bureau of Elevator Safety – Rule Adoption Status Page 1 of 2

KEY: Step 1 – Notice of Proposed Rule Development NOC – Notice of Change SERC – Statement of Estimated Regulatory Cost Step 2 – Notice of Proposed Rule WD – Notice of Withdrawal FAR – Florida Administrative Register Step 3 – Adoption Draft – Draft Language Provided ESTAC – Elevator Safety Technical Advisory Council OFARR – Office of Fiscal Accountability and Regulatory Reform

Active Rule Promulgations

Rule # Description Current Action Next Step FAR Publications ESTAC Notice

61C-5.002 Requirements for safety inspections Step 1 Workshop, if requested

OFARR: 6/14/13 Step 1: 6/24/13 OFARR: Step 2:

Step 1: 6/21/13 Step 2:

61C-5.013 Implementation of Periodic Witness Test form to comply with A17

Rule Withdrawal None

OFARR: 02/16/15 Step 1: 02/25/15 Wkshp: 3/09/15 WD: 07/01/15

Step 1: 02/24/15 Wkshp: 3/06/15

61C-5.010

Clarifies where alarm system controls and an alarm annunciator may be installed

Step 1 Workshop

OFARR: 01/15/16 Step 1: 01/28/16 Wkshp: 09/30/16

Step 1: 01/26/16 Wkshp: 09/30/16

Updated: 9/29/2016 Bureau of Elevator Safety – Rule Adoption Status Page 2 of 2

KEY: Step 1 – Notice of Proposed Rule Development NOC – Notice of Change SERC – Statement of Estimated Regulatory Cost Step 2 – Notice of Proposed Rule WD – Notice of Withdrawal FAR – Florida Administrative Register Step 3 – Adoption Draft – Draft Language Provided ESTAC – Elevator Safety Technical Advisory Council OFARR – Office of Fiscal Accountability and Regulatory Reform

Adopted Within Previous Twelve Months

Rule Summary of Changes Date Effective

61C-5.006

Adopt updated applications and the Affidavit of Elevator Plans Code Compliance, specify when elevator cab alterations require a permit, require inspections to close alteration permits and corrects a rule citation. Filed for Adoption December 9, 2014

December 29, 2014

61C-5.023

Adopt an updated disciplinary citation form; adds an additional citable offense and definitions; removes the limit of two citations for previously cited offenses, the option to dismiss a citation issued for operating with an expired certificate of operation if corrected within 90 days, and the two year grace period for operating with a delinquent certificate of operation; and simplifies the disciplinary process. Filed for Adoption May 28, 2015

June 17, 2015

61C-5.018 Improves the processing of a variance request by requiring a variance request to include the conveyance license number and removes the requirement to submit a copy of the certificate of operation.

December 28, 2015

61C-5.008 The amended definition clarifies the meaning of the term “replacement” and provides additional specifications of what does not meet the requirements of the term “replacement”.

August 14, 2016

THE PRELIMINARY TEXT OF THE PROPOSED RULE DEVELOPMENT IS:

61C-5.010 Sump Pumps.

(1) A sump pump with a control system capable of temporarily suspending sump pump operation when oil is

detected in the sump pit, as approved by the plumbing authority having jurisdiction, may be installed in the elevator

pit. The control system, including sensors, visual indicators, or audible alarms, may be installed in spaces containing

elevator equipment, but must not interfere with the safe operation of the elevator.

(2) Temporary suspension of the sump pump operation must not allow water to accumulate in the pit.

OR

(2) The sump pump control system must not allow water to accumulate in the pit.

(3) If the control system is installed in a space containing elevator equipment, the owner shall have a licensed

certificate of competency holder or certified elevator inspector present while non-elevator personnel access the

control system.

Rulemaking Authority 399.02, 399.10 FS. Law Implemented 399.02, FS. History–New _______.

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Attachment D Temporary Operating Permits Florida Statute 399.01 Definitions.—As used in this chapter, the term: (11) “Temporary operation inspection” means an inspection performed by a certified elevator inspector, the successful passage of which permits the temporary use of a noncompliant vertical conveyance as provided by rule. 399.03 Design, installation, and alteration of conveyances.— (10)(a) The temporary use of an elevator during installation or alteration is authorized for a period of 30 days after the completion of a satisfactory temporary operation inspection. An additional 30-day period of temporary use is authorized from the date of completion of each additional satisfactory temporary operation inspection. A satisfactory temporary operation inspection must satisfy the following criteria:

• the elevator is tested under contract load; • the hoistway is fully enclosed; • the hoistway doors and interlocks are installed; • the car is completely enclosed, including door or gate and top; • all electrical safety devices are installed and properly functioning; and • terminal stopping equipment is in place for a safe runby and proper clearance.

When a car is provided with a temporary enclosure, the operating means must be by constant pressure push-button or lever-type switch. The car may not exceed the minimum safe operating speed of the elevator, and the governor tripping speed must be set in accordance with the operating speed of the elevator. (b) Temporary use is authorized only when a satisfactory temporary operation inspection report, completed within the last 30 days, by a certified elevator inspector, and a notice prescribed by the department, bearing a statement that the elevator has not been finally approved by a certified elevator inspector, are conspicuously posted in the elevator. Florida Administrative Code No specific rules, but Temporary Operating Permit has been adopted by rule 61C-5.006, F.A.C.

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