Division of Hotels and Restaurants

Fire Fighter Service Phase II Exemption

All information on this page is current and was last reviewed by the division on March 28, 2012.

1. Q:  Do all elevators qualify for the Fire Fighter Service Phase II 5-year exemption?

A:  No.  The new 5-year exemption for Fire Fighter Service Phase II only applies to elevators located in condominium buildings or multifamily residential buildings such as apartment buildings.  The exemption includes apartments that are part of a continuing care facility licensed under Chapter 651, Florida Statutes (FS), or a similar retirement community. 

2. Q:  Who will determine if my elevator(s) qualify for the Fire Fighter Service Phase II 5-year exemption?

A:  Your certified elevator inspector will determine if your elevator meets the requirements for the 5-year exemption.

3. Q: I was cited for Fire Fighter Service on my last inspection.  Do I still have to install Fire Fighter Service with this new law?

A: If you do not have Fire Fighter Service Phase I, you must meet the current code.  However, if your building is a multifamily residence (apartment, condominium or apartment part of a continuing care facility licensed under Chapter 651, FS, or similar retirement community) and you have Phase I, you now have until July 1, 2015 to install Fire Fighter Service Phase II.

4. Q: I was cited for not having Fire Fighter Service Phase II on my last elevator inspection. Will the Bureau of Elevator Safety automatically remove that violation from my record?

A: No, you must have your elevator inspected to clear any violation. After July 1, 2010, the certified elevator inspector should not cite a Fire Fighter Service Phase II violation if you qualify for the exemption.

5. Q: Why must I have my elevator inspected to remove the Fire Fighter Service Phase II violation?

A: Only a certified elevator inspector can determine you qualify for the exemption and verify your elevator meets all other requirements.

6. Q: Does the 5-year exemption apply to all ASME A17.3 violations?

A: No, the exemption only applies to Fire Fighter Service Phase II. All other ASME A17.3 and ASME A17.1 requirements remain in effect and must be met.

7. Q: If I have a temporary variance for other violations and Fire Fighter Service Phase II, do I need to correct the other violations before the variance expires?

A: Yes, you are still required to correct all other violations by the date noted on your variance.

8. Q: Can I still apply for a variance for other ASME A17.3 violation?

A: Yes, you may still apply for a variance.  Information on applying for a variance and frequently asked questions are available on our website. 

9. Q: What do I do if my elevator inspector says I must install Fire Fighter Service Phase II now even though my elevator is in an apartment or condominium?

A: Contact us and we will have a State Monitoring Inspector verify the validity of the cited violation(s).

10. Q: Can I still install Fire Fighter Service Phase II?

A: Yes, you may install Fire Fighter Service Phase II.  The exemption does not prevent you from installing Fire Fighter Service Phase II. 

11. Q: If I have to upgrade my elevator(s) during this 5-year period, do I have to install Fire Fighter Service Phase II at that time?

A: Yes, the exemption does not apply if the elevator(s) undergo major modification.

12. Q: Where can I read the rules associated with this new law?

A: Rules related to this exemption are not currently available. Please check the Bureau’s website for updates.