Florida Administrative Code
61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION
61C - Division of Hotels and Restaurants
Chapter 61C-5 - FLORIDA ELEVATOR SAFETY CODE
Section 61C-5.0085 - Continuing Education Requirements
Universal Citation: FL Admin Code R 61C-5.0085
Current through Reg. 50, No. 249, December 24, 2024
(1) Continuing Education Requirements.
(a) To renew a certificate of competency or a
certified elevator inspector credential issued by the division pursuant to
chapter 399, F.S., a person must submit, in addition to the other requirements
specified in Rule 61C-5.007, F.A.C., proof of
completion within the current annual licensure period of 8 hours of approved
continuing education, including at least one course hour related to safety in
elevator construction, alteration, modification, repair or
maintenance.
(b) A person holding
more than one individual credential issued by the division that requires
continuing education need only complete a total of 8 hours of continuing
education during each annual period, but must submit proof of completion of the
continuing education with each application submitted to the division for
renewal of the credentials.
(c) A
person initially certified or registered by the division 180 days or more prior
to the renewal deadline must complete 4 hours of approved continuing education
as a condition of renewal.
(d) A
person initially certified or registered by the division for less than 180 days
prior to the renewal deadline need not complete any approved continuing
education as a condition of renewal.
(e) Continuing education credit shall be
granted to course instructors for the first presentation of a specific approved
continuing education course or portion thereof, on an hour for hour basis, each
annual licensure period. To obtain continuing education credit as a course
instructor, the instructor must provide proof of completion of the course, must
be identified as the instructor of the course on the sign-in sheet described in
subparagraph (5)(a)5., and the certificate described in paragraph (5)(b), and
must be listed on the sign-in sheet as an attendee.
(2) Course Provider Registration.
(a) Each course provider must register with
the department to conduct courses that satisfy continuing education
requirements of Chapter 399, F.S., by submitting DBPR Form HR 5023-017
Application for Course Provider Registration and Course Approval (https://www.flrules.org/Gateway/reference.asp?No=Ref-04376),
incorporated herein by reference and effective 2014 March 25. Copies of this
form are available from the Division of Hotels and Restaurants Internet website
at www2.myfloridalicense.com/elevator-safety/;
by email to dhr.elevators@myfloridalicense.com; 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. Each application for course provider registration must
include application for approval of at least one course.
(b) Each course provider registration expires
three years from the date of issue, and must be renewed prior to conducting any
further courses intended to satisfy continuing education requirements of
Chapter 399, F.S.
(c) A course
provider must provide the department written notice of any changes to
information contained in its most recent application for, or renewal of, course
provider registration no later than 30 days after such a change.
(d) The department shall maintain a list of
all approved continuing education course providers.
(e) Course provider registration is subject
to the provider's continued compliance with the minimum requirements set out in
this rule. The department may conduct random audits of any registered provider
to determine compliance and may audit any provider if it has reason to believe
a provider is not in compliance with this section.
(f) The department shall deny, suspend, or
revoke the registration of any course provider based on any of the following:
1. Obtaining or attempting to obtain
registration or course approval through fraud, deceit, false statements, or
misrepresentation of material facts, whether such statements or
misrepresentations are made knowingly or negligently.
2. Failure to provide complete and accurate
information in the initial application for registration or in any notification
of change in information.
3.
Failure to notify the department of a change in the information required in
subsection (4) for registration of course providers.
4. Falsification of any records regarding the
continuing education courses conducted by the course provider or the persons
who attended the courses.
5.
Failure to maintain any required records regarding the continuing education
courses conducted by the course provider or the persons who attended the
courses.
6. Failure to properly
record attendance at any session of an approved course.
7. Failure to provide the department with
copies of any document or other information required to be maintained by the
course provider pursuant to this rule.
8. Advertising that a course is approved
prior to the date approval is granted, or otherwise including false or
misrepresentative information in advertising.
9. Participating in any activity designed or
intended to circumvent or evade the requirements of Chapter 399, F.S., or the
rules adopted by the department to implement that chapter.
10. Failure to include the course
identification number assigned by the department in any advertisement,
brochure, course completion certificate, or other marketing or instructional
material.
(g) If a course
provider's registration is suspended or revoked, the course provider must
cancel all sessions scheduled after the suspension or revocation takes effect
and refund any fees associated with those sessions until such time as the
course provider is restored to good standing.
(h) A course provider whose approval and
registration are delinquent, expired, suspended or revoked may not conduct
courses. Any courses conducted while a provider is delinquent, expired,
suspended or revoked, will not satisfy the continuing education requirements of
Chapter 399, F.S.
(3) Continuing Education Course Approval.
(a) To
be approved as a course of continuing education for purposes of Chapter 399,
F.S., and this rule, the course must provide technical or safety relevance to
elevator construction, alteration, modification, repair or
maintenance.
(b) The following
subjects are relevant and provided as a guide. Courses submitted for approval
need not encompass all these nor be limited to only these: elevator general
theory and principles; plan and specification reading and interpretation;
electrical codes; wiring and protection; wiring methods and materials; special
occupancies and situations; life safety and Americans with Disabilities Act;
current adopted elevator safety codes; inspectors manuals and structural
considerations; wheelchair or accessibility lifts; OSHA Safety standards;
periodic safety tests; or use of specialized tools and equipment.
(c) Continuing education courses will only be
considered for approval when a registered course provider submits DBPR Form HR
5023-017 Application for Course Provider Registration and Course Approval to
the department no less than 30 days prior to date the first session of the
course is scheduled to be conducted. The application must include: total number
of hours of the course; a syllabus that demonstrates topical relevance of the
course and includes an accounting of time spent on each topic or subsection in
increments of not less than a quarter hour; the name and qualifications of all
instructors known at the time of the application; a sample roster; and a sample
of the certificate provided upon completion of the course. The department may
request additional information as necessary to consider the course for
approval.
(d) The department shall
assign each approved course a unique course identification number. Any course
denied approval may be modified and resubmitted for approval.
(e) The department may not deny or withdraw
approval for a course on the sole basis that another approved course provider
conducts the same or similar course.
(f) Course approval is subject to continued
compliance with the minimum requirements set out in this rule. The department
may deny or withdraw approval of a course when the course, course instructor,
or course provider fails to meet the requirements of this rule.
(g) Continuing education courses may be
conducted through interactive distance learning so long as the course has been
approved by the department and complies with all requirements in this
subsection.
1. For the purpose of this rule,
"interactive distance learning" means the delivery of an approved course via
the internet or other interactive electronic media. Such training must be
interactive, providing for the exchange of information at regular intervals to
promote student involvement, and must provide for the evaluation, monitoring,
and verification of course content and completion. Interactive distance
learning programs must require the student to complete and submit a statement
at the end of the course that the student personally completed each module of
instruction.
2. The course provider
is responsible for verifying student identification upon each log-in and at
regular intervals, and ensuring that one student registration cannot be used to
complete the course more than one time. Student identification verification may
be based upon information obtained at the time of registration.
3. Each course provider must notify the
department in writing that it will provide the training program through
interactive distance learning. Such notification must include the course
provider name, the course identification number assigned by the department, the
form of interactive electronic media utilized, the internet address for the
course, if applicable, and the name and qualifications of the course instructor
responsible for ensuring the course material remains
relevant.
(h) The course
provider must notify the department in writing of any changes to the
information required by paragraphs (c) and (g) of this subsection within 30
days of such change.
(i) The
department may conduct random reviews of any approved course, including
interactive distance learning courses, to determine compliance and may audit
any course if it has reason to believe the course is not in compliance with
this rule.
(4) Course Instructor Qualifications. Course instructors must be affiliated with a registered course provider and possess education and experience that qualifies the instructor to teach the course or parts of the course to which he or she is assigned. The course provider is responsible for verifying course instructors' qualifications.
(a) Course instructors must
possess five years experience in the construction, alteration, modification,
maintenance or repair of elevators, and one of the following:
1. Possession of a certificate of competency
issued by and in good standing with the division;
2. Current certification in good standing
under the American Society of Mechanical Engineers standards as a qualified
elevator inspector; or
3. Proof of
registration, licensure or certification in the elevator trade by a United
States authority having jurisdiction, to standards substantially equal to or
more stringent than those of Chapter 399, F.S.
(b) A licensed, certified or registered
contractor or engineer having five years experience in the elevator industry
and whose license, certification, or registration is in good standing may teach
a course within the scope of his or her license, certification, or
registration.
(5) Records Required of Course Providers.
(a) The course
provider must maintain records for each session of courses it conducts for the
purpose of satisfying continuing education requirements established in Chapter
399, F.S., and provide any of these required records upon request by the
department. Such records must be maintained for three years, and contain the
following:
1. The time, dates and address of
each course session.
2. The name,
address and qualifications of any instructor teaching any portion of a course
session.
3. The syllabus of each
course, which must be provided to each attendee.
4. The name, address and department
certification or registration number and type for each person that completed a
course session, regardless of whether a fee is charged.
5. The original sign-in sheet used on-site to
record attendance for each course session, which must include: the course
identification number assigned by the department, time, date and address of the
course session; the attendee's printed name, signature, and certification or
registration number issued by the division; and number of course hours the
attendee completed. The sign-in sheet must prominently bear the following
statement above the attendees' information: "By affixing my name and/or
signature and/or mark to this document, I attest and certify that I am
correctly and accurately identified herein as the person attending this
continuing education course session." The sign-in sheet must also bear the
following statement: "I attest the information recorded herein is true and
accurate" above the signature of the instructor and the printed names of the
course provider and instructor.
6.
The student registration for each course session completed through interactive
distance learning, which must include: the course identification number
assigned by the department, time and date of the course session, the attendee's
name and certification or registration number issued by the division, and
number of course hours the attendee completed. The registration must
prominently bear the following statement above the attendees' information: "By
affixing my name and/or signature and/or mark to this document, I attest and
certify that I am correctly and accurately identified herein as the person
attending this continuing education course session."
(b) Upon completion of a course, each
attendee shall receive from the course provider a certificate measuring 8 1/2''
inches by 11'' inches, displaying the following: the time and date of the
course session; name of the course; number of course hours attended; the course
provider's name and provider number assigned by the department; the course
instructor's name and signature, and the course identification number assigned
by the department.
(c) A course
provider must submit to the department a copy of the sign-in sheet within 30
days of the completion of the course. For interactive distance learning
courses, the course provider must submit the student registration of those
individuals successfully completing the course by the fifth of the month
following the calendar month in which the course was completed. The required
documentation may be submitted via email to dhr.elevators@myfloridalicense.com
or via mail to Department of Business and Professional Regulation, Division of
Hotels and Restaurants, Bureau of Elevator Safety, 2601 Blair Stone Road,
Tallahassee, Florida 32399-1013.
(6) Advertising Continuing Education Courses.
(a) A course provider may not advertise a
course as approved by the department until such approval is granted.
(b) A course provider may not misrepresent or
include false or misleading information regarding the contents, instructors or
number of hours of any course approved under this rule.
(c) The course provider must include the
course identification number assigned by the department in any advertising used
in connection with the course, and any other materials used in connection with
the course including but not limited to the syllabus or other instructional
materials.
(d) Use of the state
seal, department logo, or any representation of division endorsement other than
provider registration and course approval is
prohibited.
Rulemaking Authority 399.01, 399.02, 399.10 FS. Law Implemented 399.01(16), 399.17 FS.
New 11-9-06, Amended 9-26-11, 2-24-14, 8-26-14.
Disclaimer: These regulations may not be the most recent version. Florida may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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