Division of Hotels and Restaurants

Order to Correct - Compliance Alternative for Costly and/or Complex Violations - FAQ

All information on this page is current and was last reviewed by the division on November 18, 2008.

1. Q. What is the Order to Correct compliance alternative?

A. Section 399.105(4), Florida Statutes, requires an elevator owner to comply with an Order to Correct within 30 days or risk administrative action, including a fine, against the Certificate of Operation. The compliance alternative, known as a plan of corrective action, allows elevator owners a reasonable amount of time to correct costly and/or complex violations that, for verifiable circumstances, can not realistically be corrected within the statutorily-mandated 30 days.

The option of a plan of corrective action does not remove the bureau’s 30-day compliance requirement. This compliance alternative has prescribed time limits wherein you must complete certain steps or face administrative action against your Certificate of Operation.

2. Q. What is considered a costly and/or complex violation?

A. Costly and/or complex violations will be determined on a case by case basis. An example of a potentially costly and/or complex violation is the single wall hydraulic cylinder safety modification, as required in the Florida Building Code, effective October 1, 2005.

If you were cited for a violation you believe is costly and/or complex, contact the Bureau of Elevator Safety by e-mail dhr.elevators@dbpr.state.fl.us.   See Technical Advisory 2008-01.

3. Q. How long do I have to correct violations under a plan of corrective action?

A. If you submit a letter of intent to comply within 30 days and an approved plan of corrective action within 60 days, then you have a total of 180 days from the date the Order to Correct was issued to correct the violations specified in the plan of corrective action.   In addition, if the repair or replacement is due to a hardship and more time is needed a temporary variance can be applied for contact the Bureau of Elevator Safety by e-mail dhr.elevators@dbpr.state.fl.us.

4. Q. What is a letter of intent to comply?

A. A letter of intent to comply is a letter to the Bureau of Elevator Safety in which you state your efforts to comply with the Order to Correct and the specific reason or reasons you are unable to correct the violations within 30 days.

Submission of a letter of intent to comply with an acceptable reason for not correcting the violations within 30 days will provide you an additional 30 days to comply or proceed with the next step of the compliance alternative – submission of a plan of corrective action.

5. Q. What if I do not submit a letter of intent to comply?

A. You must correct the violations within 30 days of the date the Order to Correct was issued. If you fail to correct the violations, an order to discontinue use of the elevator and an administrative complaint will be issued against your Certificate of Operation.

6. Q. What if I submit a letter of intent to comply but do not submit a plan of corrective action?

A. You must correct the violations within 60 days of the date the Order to Correct was issued. If you fail to correct the violations, an order to discontinue use of the elevator and an administrative complaint will be issued against your Certification of Operation.

7. Q. What must a plan of corrective action include?

A. A plan of corrective action should outline your efforts to correct the violations. At a minimum, the following information must be included in the plan of corrective action:

• The corrections to be completed;
• Relevant dates including a schedule for completion; and
• A copy of the executed contract including who will perform the contracted work.

8. Q. How will I know if my plan of corrective action is approved?

A. The Bureau of Elevator Safety will send a letter to your mailing address, on record with the bureau, notifying you of the outcome of the bureau’s review of your plan of corrective action.

9. Q. What if I submit a plan of corrective action, but it is not approved?

A. If your plan of corrective action is not approved, you must either submit a new plan or correct the violations within 90 days from the date the Order to Correct was issued.

10. Q. What if the violations can not be corrected within the 180 days required by the plan of corrective action option?

A. Immediately contact the Bureau of Elevator Safety by e-mail dhr.elevators@dbpr.state.fl.us.

11. Q. I was cited for a violation of the single wall hydraulic cylinder safety requirements, but can’t complete the modifications within 30 days.

A. You can submit a letter of intent to comply within 30 days and a plan of corrective action within 60 days to maintain compliance with the statutory requirements.

12. Q . How do I know if I have a single wall hydraulic cylinder elevator?

A. Contact a registered elevator company, Certified Elevator Inspector, or other independent expert to determine if your elevator has a single wall hydraulic cylinder and requires modifications to comply with the Code.