Division of Hotels and Restaurants

Elevator Variances and Waivers FAQ

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

1. Q. Where do I find information on how to request a variance?

A. Information and procedures for requesting a variance are listed in Section 120.542, Florida Statutes, and Rule 61C-5.018, Florida Administrative Code. The bureau also provides information on applying for a variance.

2. Q. What is a variance?

A. Per Section 120.542, Florida Statutes, a variance is a request to be exempted from complying with a rule or rules. It may be temporary until violations can be corrected or permanent for items which cannot be corrected due to situations beyond the owner’s control or for new technology which has not yet been addressed in the Elevator Safety Code.

3. Q. Who prepares the variance?

A. The variance is prepared for submittal by the owner requesting the variance. Elevator companies or personnel may be consulted for technical assistance related to types and use of technology, rule or code citations.

4. Q. When can a variance be granted?

A. Variances and waivers shall be granted when the person subject to the rule demonstrates that the purpose of the underlying statute will be or has been achieved by other means by the person and when application of a rule would create a substantial hardship or would violate principles of fairness. For purposes of this section, "substantial hardship" means a demonstrated economic, technological, legal, or other type of hardship to the person requesting the variance or waiver. For purposes of this section, "principles of fairness" are violated when the literal application of a rule affects a particular person in a manner significantly different from the way it affects other similarly situated persons who are subject to the rule.

The division may grant variances which may be less restrictive than the provisions specified in Chapter 399, Florida Statute or the rules adopted hereunder. A variance may not be granted pursuant to this section until the division is satisfied that:

• The variance shall not adversely affect the safety of the public.
• No reasonable alternative to the required construction exists.
• The hardship was not caused intentionally by the action of the owner.

5. Q. Who do I submit a variance request to?

A. Variance requests should be mailed to the Bureau of Elevator Safety, 1940 N. Monroe St., Tallahassee, FL 32399-1013.

6. Q. How long does a variance take?

A. By law, variances must be acted upon within 90 days of receipt. Emergency variance requests may be made provided the petitioner provides documented evidence as to why they are an emergency and cannot wait the 90 days.