HOUSE AMENDMENT
hbd-032 Bill No. CS/HB 1255, 1st Eng.
Amendment No. ___ (for drafter's use only)
CHAMBER ACTION
Senate House
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5 ORIGINAL STAMP BELOW
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11 Representative(s) Berfield offered the following:
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13 Amendment (with title amendment)
14 On page 7, line 4, through page 8, line 9,
15 remove from the bill: all of said lines,
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17 and insert in lieu thereof:
18 Section 4. Section 399.001, Florida Statutes, is
19 created to read:
20 399.001 Short title and purpose.--This chapter may be
21 cited as the "Elevator Safety Act." The purpose of this
22 chapter is to provide for the safety of life and limb and to
23 promote public safety awareness. The use of unsafe and
24 defective lifting devices imposes a substantial probability of
25 serious and preventable injury and exposes employees and the
26 public to unsafe conditions. The prevention of these injuries
27 and the protection of employees and the public from unsafe
28 conditions is in the best interest of the public. Elevator
29 personnel performing work covered by the Florida Building Code
30 must possess documented training or experience or both and be
31 familiar with the operation and safety functions of the
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HOUSE AMENDMENT
hbd-032 Bill No. CS/HB 1255, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 components and equipment. Training and experience includes,
2 but is not limited to, recognizing the safety hazards and
3 performing the procedures to which they are assigned in
4 conformance with the requirements of the Florida Building
5 Code. This chapter establishes the minimum standards for
6 elevator personnel.
7 Section 5. Section 399.01, Florida Statutes, is
8 amended to read:
9 399.01 Definitions.--As used in this chapter, the
10 term:
11 (1) "Alteration" means any change or addition to the
12 vertical conveyance equipment other than maintenance, repair,
13 or replacement.
14 (2) "Certificate of competency" means a document
15 issued by the division which evidences the competency of a
16 person to construct, install, inspect, maintain, or repair any
17 vertical conveyance elevator.
18 (3) "Certificate of operation" means a document issued
19 by the department which indicates that the conveyance has had
20 the required safety inspection and tests and that fees have
21 been paid as provided in this chapter.
22 (4) "Conveyance" means an elevator, dumbwaiter,
23 escalator, moving sidewalk, platform lift, and stairway
24 chairlift.
25 (5) "Department" means the Department of Business and
26 Professional Regulation. that authorizes an elevator owner to
27 operate the elevator and that is issued to the elevator owner
28 when the division finds that the elevator complies with the
29 requirements of this chapter.
30 (6) (4) "Division" means the Division of Hotels and
31 Restaurants of the Department of Business and Professional
2
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HOUSE AMENDMENT
hbd-032 Bill No. CS/HB 1255, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 Regulation.
2 (7) (5) "Elevator" means one of the following
3 mechanical devices:
4 (a) A hoisting and lowering mechanism, equipped with a
5 car and platform that moves in guide rails and serves two or
6 more landings to transport material or passengers or both.
7 (b) An escalator, which is a power-driven, inclined
8 continuous stairway used for raising or lowering passengers.
9 (c) A dumbwaiter, which is a hoisting and lowering
10 mechanism equipped with a car of limited size which moves in
11 guide rails and serves two or more landings.
12 (d) A moving walk, which is a type of
13 passenger-carrying device on which passengers stand or walk
14 and in which the passenger-carrying surface remains parallel
15 to its direction of motion and is uninterrupted.
16 (e) An inclined stairway chairlift, which is a device
17 used to transport physically handicapped persons over
18 architectural barriers.
19 (f) An inclined or vertical wheelchair lift, which is
20 a device used to transport wheelchair handicapped persons over
21 architectural barriers.
22 (8) "Escalator" means an installation defined as an
23 escalator in the Florida Building Code.
24 (9) "Existing installation" means an installation
25 defined as an "installation, existing" in the Florida Building
26 Code.
27 (10) "Elevator Safety Technical Advisory Committee"
28 means the committee appointed by the secretary of the
29 Department of Business and Professional Regulation.
30 (11) "Private residence" means a separate dwelling or
31 a separate apartment in a multiple dwelling which is occupied
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HOUSE AMENDMENT
hbd-032 Bill No. CS/HB 1255, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 by members of a single-family unit.
2 (6) "Elevator company" means any person that
3 constructs, installs, inspects, maintains, or repairs any
4 elevator.
5 (12)(7) "Service maintenance contract" means a
6 contract that provides for routine examination, lubrication,
7 cleaning, adjustment, replacement of parts, and performance of
8 applicable code-required safety tests such as on a traction
9 elevator and annual relief pressure test on a hydraulic
10 elevator and any other service, repair, and maintenance
11 sufficient to ensure the safe operation of the elevator.
12 (13) "Temporarily dormant conveyance" means a
13 conveyance whose power supply has been disconnected by
14 removing fuses and placing a padlock on the mainline
15 disconnect switch in the "OFF" position. The car is parked and
16 the hoistway doors are in the closed and latched position. A
17 wire seal is installed on the mainline disconnect switch by a
18 certificate of competency elevator inspector. This
19 installation may not be used again until it has been put in
20 safe running order and is in condition for use. Annual
21 inspections shall continue for the duration of the temporarily
22 dormant status by a certificate of competency elevator
23 inspector. The temporarily dormant status is renewable on an
24 annual basis and may not exceed a 5-year period. The inspector
25 shall file a report with the chief elevator inspector
26 describing the current conditions. The wire seal and padlock
27 may not be removed for any purpose without permission from the
28 elevator inspector.
29 (14) "Temporary operation permit" means a document
30 issued by the department which permits the temporary use of a
31 noncompliant vertical conveyance as provided by rule.
4
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HOUSE AMENDMENT
hbd-032 Bill No. CS/HB 1255, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 (15) "Registered elevator company" means an entity
2 registered with and authorized by the division employing
3 persons to construct, install, inspect, maintain, or repair
4 any vertical conveyance. Each registered elevator company must
5 annually register with the division and maintain general
6 liability insurance coverage in the minimum amounts set by the
7 division.
8 (16) "Certified elevator inspector" is a natural
9 person registered with and authorized by the division to
10 construct, install, inspect, maintain, or repair any vertical
11 conveyance, after having properly acquired the qualified
12 elevator inspector credential from the National Association of
13 Elevator Safety Authorities. Such person shall remain so
14 authorized by the division only upon providing annual proof of
15 completion of 8 hours of continuing education and the
16 qualified elevator inspector credential remains in good
17 standing with the National Association of Elevator Safety
18 Authorities. A licensed mechanical engineer whose license is
19 in good standing may be authorized as a certified elevator
20 inspector by the division. Each certified elevator inspector
21 must annually register with the division and maintain general
22 liability insurance coverage in the minimum amounts set by the
23 division.
24 (17) "Certified elevator technician" means a natural
25 person authorized by the division to construct, install,
26 maintain, or repair any vertical conveyance, after having been
27 issued an elevator certificate of competency by the division.
28 Each certified elevator technician must annually register with
29 the division and maintain general liability insurance coverage
30 in the minimum amounts set by the division.
31 (18) "Elevator helper" means a natural person
5
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HOUSE AMENDMENT
hbd-032 Bill No. CS/HB 1255, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 performing work under the direct supervision of a certified
2 elevator inspector or an elevator technician to construct,
3 install, maintain, or repair any vertical conveyance.
4 (19) "Elevator certificate of competency" means a
5 credential issued by the division to any individual natural
6 person successfully completing an examination as prescribed by
7 rule and paying a fee of $50. Such credential shall be valid
8 for and expire at the end of 1 year, and may be renewed by the
9 division when the division receives proof of the elevator
10 certificate of competency holder's completion of 8 hours of
11 continuing education and a renewal fee of $50.
12
13 All other building transportation terms are defined in the
14 current Florida Building Code.
15 Section 6. Section 399.02, Florida Statutes, is
16 amended to read:
17 399.02 General requirements.--
18 (1) The Elevator Safety Technical Advisory Committee
19 division shall develop and submit to the Director of Hotels
20 and Restaurants regarding revisions to the elevator safety
21 code so that it is the same as or similar to the latest
22 versions of ASME A17.1, ASME A17.3, and ASME A18.1. Florida
23 Building Commission for consideration an elevator safety code,
24 which, when adopted within the Florida Building Code, applies
25 to the installation, relocation, or alteration of an elevator
26 for which a permit has been issued after October 1, 1990, and
27 which must be the same as or similar to the latest revision of
28 "The Safety Code for Elevators and Escalators ASME A17.1."
29 (2) This chapter covers the design, construction,
30 operation, inspection, testing, maintenance, alteration, and
31 repair of the following equipment and its associated parts and
6
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HOUSE AMENDMENT
hbd-032 Bill No. CS/HB 1255, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 hoistways:
2 (a) Hoisting and lowering mechanisms equipped with a
3 car or platform which move between two or more landings. This
4 equipment includes, but is not limited to, elevators, platform
5 lifts, and stairway chairlifts.
6 (b) Power-driven stairways and walkways for carrying
7 persons between landings. This equipment includes, but is not
8 limited to, escalators and moving walks.
9 (c) Hoisting and lowering mechanisms equipped with a
10 car which serves two or more landings and is restricted to the
11 carrying of material by its limited size or limited access to
12 the car. This equipment includes, but is not limited to,
13 dumbwaiters, material lifts, and dumbwaiters with
14 automatic-transfer devices.
15 (3) Equipment not covered by this chapter includes,
16 but is not limited to:
17 (a) Personnel hoists and material hoists within the
18 scope of ASME A10, as adopted by the Florida Building Code.
19 (b) Man lifts within the scope of ASME A90.1, as
20 adopted by the Florida Building Code.
21 (c) Mobile scaffolds, towers, and platforms within the
22 scope of ANSI A92, as adopted by the Florida Building Code.
23 (d) Powered platforms and equipment for exterior and
24 interior maintenance within the scope of ASME A120.1, as
25 adopted by the Florida Building Code.
26 (e) Conveyors and related equipment within the scope
27 of ASME B20.1, as adopted by the Florida Building Code.
28 (f) Cranes, derricks, hoists, hooks, jacks, and slings
29 within the scope of ASME B30, as adopted by the Florida
30 Building Code.
31 (g) Industrial trucks within the scope of ASME B56, as
7
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HOUSE AMENDMENT
hbd-032 Bill No. CS/HB 1255, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 adopted by the Florida Building Code.
2 (h) Portable equipment, except for portable escalators
3 that are covered by the Florida Building Code.
4 (i) Tiered or piling machines used to move materials
5 to and from storage located and operating entirely within one
6 story.
7 (j) Equipment for feeding or positioning materials at
8 machine tools and printing presses.
9 (k) Skip or furnace hoists.
10 (l) Wharf ramps.
11 (m) Railroad car lifts or dumpers.
12 (n) Line jacks, false cars, shafters, moving
13 platforms, and similar equipment used for installing an
14 elevator by a contractor licensed in this state.
15 (o) Automated people movers at airports.
16 (p) Elevators in television and radio towers.
17 (q) Hand-operated dumbwaiters.
18 (r) Sewage pump station lifts.
19 (s) Automobile parking lifts.
20 (t) Equipment covered in s. 1.2 of the Elevator Safety
21 Code.
22 (u) Elevators, inclined stairway chairlifts, and
23 inclined or vertical wheelchair lifts located in private
24 residences.
25 (2)(a) The requirements of this chapter apply to
26 equipment covered by s. 1.1 of the Elevator Safety Code.
27 (b) The equipment not covered by this chapter
28 includes, but is not limited to, the following: elevators,
29 inclined stairway chairlifts, and inclined or vertical
30 wheelchair lifts located in private residences; elevators in
31 television and radio towers; hand-operated dumbwaiters; sewage
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HOUSE AMENDMENT
hbd-032 Bill No. CS/HB 1255, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 pump station lifts; automobile parking lifts; and equipment
2 covered in s. 1.2 of the Elevator Safety Code.
3 (4)(3) Each elevator shall have a serial number
4 assigned by the department division painted on or attached to
5 the elevator car in plain view and also to the driving
6 mechanism. This serial number shall be shown on all required
7 certificates and permits.
8 (5)(4)(a) The construction permitholder is responsible
9 for the correction of violations and deficiencies until the
10 elevator has been inspected and a certificate of operation has
11 been issued by the department division. The construction
12 permitholder is responsible for all tests of new and altered
13 equipment until the elevator has been inspected and a
14 certificate of operation has been issued by the department
15 division.
16 (b) The elevator owner is responsible for the safe
17 operation and proper maintenance of the elevator after it has
18 been inspected and a certificate of operation has been issued
19 by the department division. The responsibilities of the
20 elevator owner may be assigned by lease.
21 (c) The elevator owner shall report to the department
22 division 60 days before the expiration of the certificate of
23 operation whether there exists a service maintenance contract,
24 with whom the contract exists, and the details concerning the
25 provisions and implementation of the contract which the
26 department division requires. The department division shall
27 keep the names of companies with whom the contract exists
28 confidential pursuant to the public records exemption provided
29 in s. 119.14(4)(b)3. This annual contract report must be made
30 on forms supplied by the department division. The elevator
31 owner must report any material change in the service
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HOUSE AMENDMENT
hbd-032 Bill No. CS/HB 1255, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 maintenance contract no fewer than 30 days before the
2 effective date of the change. The department division shall
3 determine whether the provisions of the service maintenance
4 contract and its implementation ensure the safe operation of
5 the elevator.
6 (d) Each elevator company must register and have on
7 file with the division a certificate of comprehensive general
8 liability insurance evidencing coverage limits in the minimum
9 amounts of $100,000 per person and $300,000 per occurrence and
10 the name of at least one employee who holds a current
11 certificate of competency issued under s. 399.045.
12 (6)(5) The department division is empowered to carry
13 out all of the provisions of this chapter relating to the
14 inspection and regulation of elevators and to enforce the
15 provisions of the Florida Building Code which govern elevators
16 and conveying systems in conducting the inspections authorized
17 under this part to provide for the protection of the public
18 health, welfare, and safety.
19 (7)(6) The Elevator Safety Technical Advisory
20 Committee division shall annually review the provisions of the
21 Safety Code for Elevators and Escalators ASME A17.1, ASME
22 A18.1, or other related model codes and amendments thereto,
23 concurrent with the update of the Florida Building Code and
24 recommend to the Florida Building Commission revisions to the
25 Florida Building Code to maintain the protection of the public
26 health, safety, and welfare.
27 Section 7. Section 399.03, Florida Statutes, is
28 amended to read:
29 399.03 Design, installation, and alteration of
30 conveyances elevators.--
31 (1) A conveyance covered by this chapter may not be
10
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HOUSE AMENDMENT
hbd-032 Bill No. CS/HB 1255, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 erected, constructed, installed, or altered within buildings
2 or structures unless a permit has been obtained from the
3 department before the work is commenced. When any material
4 alteration is made, the device must conform to applicable
5 requirements of the Florida Building Code for the alteration.
6 A permit required hereunder may not be issued except to a
7 person, firm, or corporation holding a current elevator
8 contractor's license issued under this chapter. A copy of the
9 permit must be kept at the construction site at all times
10 while the work is in progress.
11 (2) The department shall provide by rule for permit
12 application requirements and permit fees.
13 (3) Permits may be revoked for the following reasons:
14 (a) There are any false statements or
15 misrepresentations as to the material facts in the
16 application, plans, or specifications on which the permit was
17 based.
18 (b) The permit was issued in error and not in
19 accordance with the code or rules.
20 (c) The work detailed under the permit is not being
21 performed in accordance with the provisions of the
22 application, plans, or specifications or with the code or
23 conditions of the permit.
24 (d) The construction permitholder to whom the permit
25 was issued fails or refuses to comply with a stop work order.
26 (4) A permit expires if:
27 (a) The work authorized by the permit is not commenced
28 within 6 months after the date of issuance, or within a
29 shorter period of time as the department may specify at the
30 time the permit is issued.
31 (b) The work is suspended or abandoned for a period of
11
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HOUSE AMENDMENT
hbd-032 Bill No. CS/HB 1255, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 60 days, or such shorter period of time as the department may
2 specify at the time the permit is issued, after the work has
3 been started. For good cause, the department may allow a
4 discretionary extension for the foregoing period.
5 (5) All new conveyance installations must be performed
6 by a person to whom a license to install or service a
7 conveyance has been issued. Subsequent to installation, the
8 licensed person, firm, or company must certify compliance with
9 the applicable sections of this chapter and the Florida
10 Building Code. Before any vertical conveyance is used, except
11 those in a private residence it must be inspected by a
12 licensed inspector not employed or associated with the
13 elevator construction permitholder and certified as meeting
14 the safety provisions of the Florida Building Code. Upon
15 successful inspection, the owner or lessee must apply to the
16 department for a certificate of operation from the department.
17 A fee as prescribed in this chapter must be paid for the
18 certificate of operation. It is the responsibility of the
19 licensed elevator construction permitholder to complete and
20 submit a first-time registration for a new installation.
21 Vertical conveyances, including stairway chairlifts, and
22 inclined or vertical wheelchair lifts located in private
23 residences are not required to obtain a certificate of
24 operation under this chapter.
25 (6) A certificate of operation expires July 31 of each
26 year and must be renewed prior to continued use of the
27 conveyance. A certificate of operation must be clearly
28 displayed on or in each conveyance or in the machine room for
29 use by and for the benefit of inspectors and code enforcement
30 personnel. Certificates of operation may only be renewed for
31 vertical conveyances having a current satisfactory inspection.
12
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HOUSE AMENDMENT
hbd-032 Bill No. CS/HB 1255, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 (7) The permitholder shall notify the department, in
2 writing, at least 7 days before completion of the work and
3 shall, in the presence of a licensed elevator inspector not
4 associated with or employed by the installing company or
5 contractor, subject the newly installed, relocated, or altered
6 portions of the elevator to tests required to show that the
7 elevator meets the applicable provisions of the Florida
8 Building Code.
9 (8) (1) Each elevator shall comply with the edition of
10 the Florida Building Code or Elevator Safety Code that was in
11 effect at the time of receipt of application for the
12 construction permit for the elevator.
13 (9) (2) Each alteration to, or relocation of, an
14 elevator shall comply with the edition of the Florida Building
15 Code or Elevator Safety Code that was in effect at the time of
16 receipt of the application for the construction permit for the
17 alteration or relocation.
18 (10) (3) When any change is made in the classification
19 of an elevator, the elevator shall comply with all of the
20 requirements of the version of the Florida Building Code or
21 Elevator Safety Code that were in effect at the time of
22 receipt of the application for the construction permit for the
23 change in classification.
24 Section 8. Section 399.049, Florida Statutes, is
25 created to read:
26 399.049 Certificate of competency.--
27 (1) SUSPENSION OR REVOCATION OF LICENSE OR CERTIFICATE
28 OF COMPETENCY.--The department may suspend or revoke a license
29 or certificate of competency issued under this chapter or
30 impose an administrative penalty of up to $1,000 per violation
31 upon any licensee or certificateholder who commits any one or
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HOUSE AMENDMENT
hbd-032 Bill No. CS/HB 1255, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 more of the following violations:
2 (a) Any false statement as to a material matter in the
3 application.
4 (b) Fraud, misrepresentation, or bribery in securing a
5 license or certificate of competency.
6 (c) Failure to notify the department and the
7 certificate-of-operation holder of a conveyance covered by
8 this chapter that is not in compliance with the provisions of
9 the elevator safety code incorporated into the Florida
10 Building Code.
11 (d) Violation of any provision of this chapter.
12 (2) DISCIPLINARY ACTION.--Any disciplinary action
13 taken under this chapter must comply with chapter 120 and any
14 rules adopted thereunder.
15 Section 9. Section 399.061, Florida Statutes, is
16 amended to read:
17 399.061 Inspections; correction of deficiencies.--
18 (1)(a) All elevators or other conveyances subject to
19 this chapter must be annually inspected by a certified
20 elevator inspector through a third-party inspection service,
21 or by a municipality or county under contract with the
22 division, pursuant to s. 399.13. If the elevator or other
23 conveyance is by a third-party inspection service certified as
24 a qualified elevator inspector or maintained pursuant to a
25 service maintenance contract continuously in force, it shall
26 be inspected at least once every 2 years by a certified
27 elevator inspector who is not employed by or otherwise
28 associated with the maintenance company; however, if the
29 elevator is not an escalator or a dumbwaiter, serves only two
30 adjacent floors, and is covered by a service maintenance
31 contract, an inspection is not required so long as the service
14
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HOUSE AMENDMENT
hbd-032 Bill No. CS/HB 1255, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 contract remains in effect. A statement verifying the
2 existence, performance, and cancellation of each service
3 maintenance contract must be filed annually with the division
4 as prescribed by rule. All elevators covered by a service
5 maintenance contract shall be inspected by a
6 certificate-of-competency holder at least once every 2 years;
7 however, if the elevator is not an escalator or a dumbwaiter
8 and the elevator serves only two adjacent floors and is
9 covered by a service maintenance contract, no inspection shall
10 be required so long as the service contract remains in effect.
11 (b) The division may inspect an elevator whenever
12 necessary to ensure its safe operation or when a third-party
13 inspection service is not available for a routine inspection.
14 (2) The division may shall employ state elevator
15 inspectors to conduct the inspections as required by
16 subsection (1) and may charge an inspection fee for each
17 inspection in an amount sufficient to cover the costs of that
18 inspection, as provided by rule. Each state elevator inspector
19 shall hold a certificate of competency issued by the division.
20 (3) Whenever the division determines from the results
21 of any inspection that, in the interest of the public safety,
22 an elevator is in an unsafe condition, the division may seal
23 the elevator or order the discontinuance of the use of the
24 elevator until the division determines by inspection that such
25 elevator has been satisfactorily repaired or replaced so that
26 the elevator may be operated in a safe manner.
27 (4) When the division determines that an elevator is
28 in violation of this chapter, the division may issue an order
29 to the elevator owner requiring correction of the violation.
30 Section 10. Section 399.07, Florida Statutes, is
31 amended to read:
15
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HOUSE AMENDMENT
hbd-032 Bill No. CS/HB 1255, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 399.07 Certificates of operation; temporary operation
2 permits; fees.--
3 (1)(a) A certificate of operation may not be issued
4 until the elevator company supervisor signs an affidavit
5 stating that the elevator company supervisor directly
6 supervised construction or installation of the elevator.
7 (b) The certificate of operation is valid for a period
8 of 1 year unless sooner suspended or revoked. The department
9 division shall by rule adopt a fee schedule for the renewal of
10 certificates of operation. The renewal period commences on
11 August 1 of each year.
12 (c) The certificate of operation must be posted in a
13 conspicuous location on the elevator and must be framed with a
14 transparent cover.
15 (d) The department division shall charge an annual fee
16 for issuance of a certificate of operation in amount to be set
17 by rule. The fee must be set by rule in an amount not to
18 exceed $100 for an elevator not covered by a service
19 maintenance contract or $50 for an elevator covered by a
20 service maintenance contract. However, a renewal application
21 for a certificate of operation filed with the department after
22 expiration date of the certificate must be accompanied by a
23 delinquency fee of $50 in addition to the annual renewal fee
24 and any other fees required by law. The fees must be deposited
25 into the Hotel and Restaurant Trust Fund.
26 (2)(a) The department division may issue a temporary
27 operation permit authorizing the temporary use of an elevator
28 during installation or alteration to an elevator company or
29 general contractor acting as a general agent of an elevator
30 company. A temporary operation permit may not be issued until
31 the elevator has been inspected by a state elevator inspector
16
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HOUSE AMENDMENT
hbd-032 Bill No. CS/HB 1255, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 and tested under contract load; the hoistway is fully
2 enclosed; the hoistway doors and interlocks are installed; the
3 car is completely enclosed, including door or gate and top;
4 all electrical safety devices are installed and properly
5 functioning; and terminal stopping equipment is in place for a
6 safe runby and proper clearance. When a car is provided with
7 a temporary enclosure, the operating means must be by constant
8 pressure push-button or lever-type switch. The car may not
9 exceed the minimum safe operating speed of the elevator, and
10 the governor tripping speed must be set in accordance with the
11 operating speed of the elevator.
12 (b) A temporary operation permit must be issued for a
13 period not to exceed 30 days. The permit may be renewed at
14 the discretion of the department division.
15 (c) When a temporary operation permit is issued, the
16 permit, together with a notice bearing a statement that the
17 elevator has not been finally approved by a state elevator
18 inspector, must be conspicuously posted in the elevator.
19 (d) The department division shall charge a fee, set by
20 rule in an amount not greater than $100, for each temporary
21 operation permit. The fee must be deposited in the Hotel and
22 Restaurant Trust Fund.
23 (3) The certificate of operation shall contain the
24 text of s. 823.12, relating to the prohibition against smoking
25 in elevators.
26 (4) In addition to subsection (3), the designation "NO
27 SMOKING" along with the international symbol for no smoking
28 shall be conspicuously displayed within the interior of the
29 elevator in the plain view of the public.
30 (5) Except as authorized by a temporary operation
31 permit, the operation or use of any newly installed,
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HOUSE AMENDMENT
hbd-032 Bill No. CS/HB 1255, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 relocated, or altered elevator is prohibited until the
2 elevator has passed the tests and inspections required by this
3 chapter and a certificate of operation has been issued.
4 (6) The department division may suspend any
5 certificate of operation if it finds that the elevator is not
6 in compliance with this chapter or of rules adopted under this
7 chapter. The suspension remains in effect until the
8 department division determines, by inspection, that the
9 elevator has been brought into compliance.
10 Section 11. Section 399.10, Florida Statutes, is
11 amended to read:
12 399.10 Enforcement of law.--It shall be the duty of
13 the department division to enforce the provisions of this
14 chapter. The department division shall have rulemaking
15 authority to carry out the provisions of this chapter.
16 Section 12. Section 399.105, Florida Statutes, is
17 amended to read:
18 399.105 Administrative fines.--
19 (1) Any person who fails to comply with the reporting
20 requirements of s. 399.02 or with the reasonable requests of
21 the department division to determine whether the provisions of
22 a service maintenance contract and its implementation assure
23 safe elevator operation is subject to an administrative fine
24 not greater than $1,000 $500 in addition to any other penalty
25 provided by law.
26 (2) Any person who commences the operation,
27 installation, relocation, or alteration of any elevator for
28 which a permit or certificate is required by this chapter
29 without having obtained from the department division the
30 permit or certificate is subject to an administrative fine not
31 greater than $1,000 $500 in addition to any other penalty
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HOUSE AMENDMENT
hbd-032 Bill No. CS/HB 1255, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 provided by law. No fine may be imposed under this subsection
2 for commencing installation without a construction permit if
3 such permit is issued within 60 days after the actual
4 commencement of installation.
5 (3) An elevator owner who continues to operate an
6 elevator after notice to discontinue its use is subject to an
7 administrative fine not greater than $1,000 $500 for each day
8 the elevator has been operated after the service of the
9 notice, in addition to any other penalty provided by law.
10 (4) An elevator owner who fails to comply with an
11 order issued under s. 399.061(4) within 60 days after its
12 issuance is subject, in addition to any other penalty provided
13 by law, to an administrative fine set by the department
14 division in an amount not to exceed $1,000 $500.
15 (5) All administrative fines collected shall be
16 deposited into the Hotel and Restaurant Trust Fund.
17 Section 13. Section 399.106, Florida Statutes, is
18 created to read:
19 399.106 Elevator Safety Technical Advisory
20 Committee.--
21 (1) The Elevator Safety Technical Advisory Committee
22 is created within the Department of Professional Regulation,
23 Division of Hotel and Restaurants, consisting of seven members
24 to be appointed by the Secretary of the Department of Business
25 and Professional Regulation as follows: one representative
26 from a major elevator manufacturing company or its authorized
27 representative; one representative from an elevator servicing
28 company; one representative from a building design profession;
29 one representative of the general public; one representative
30 of a local government in this state; one representative of a
31 building owner or manager; one representative of labor
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hbd0022 09:32 am 01255-0050-820827
HOUSE AMENDMENT
hbd-032 Bill No. CS/HB 1255, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 involved in the installation, maintenance, and repair of
2 elevators. The purpose of the Committee is to provide
3 technical assistance to the division in support of protecting
4 the health, safety, and welfare of the public; to give the
5 division the benefit of the committee members' knowledge and
6 experience concerning the industries and individual businesses
7 affected by the laws and rules administered by the division.
8 (2) The committee members shall serve staggered terms
9 of 4 years to be set by rule without salary, but may receive
10 from the state expenses for per diem and travel. The
11 commission shall appoint one of the members to serve as chair.
12 (3) The committee shall meet and organize not later
13 than 45 days prior to the convening of the 2002 Legislature.
14 This committee terminatesDecember 31, 2003.
15 (4) The committee may consult with engineering
16 authorities and organizations concerned with standard safety
17 codes for recommendations to the department regarding rules
18 and regulations governing the operation, maintenance,
19 servicing, construction, alteration, installation, or
20 inspection of vertical conveyances subject to this chapter.
21 Section 14. Section 399.11, Florida Statutes, is
22 amended to read:
23 399.11 Penalties.--
24 (1) Any person who violates any of the provisions of
25 this chapter or the rules of the department division is guilty
26 of a misdemeanor of the second degree, punishable as provided
27 in s. 775.082 or s. 775.083.
28 (2) Any person who falsely represents himself or
29 herself as credentialed under this chapter a holder of a
30 certificate of competency issued pursuant to s. 399.045 is
31 guilty of a misdemeanor of the second degree, punishable as
20
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HOUSE AMENDMENT
hbd-032 Bill No. CS/HB 1255, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 provided in s. 775.082 or s. 775.083.
2 Section 15. Section 399.125, Florida Statutes, is
3 amended to read:
4 399.125 Reporting of elevator accidents or incidents;
5 penalties.--Within 5 working days after any accident or
6 incident occurring in or upon any elevator, the certificate of
7 operation holder shall report the accident or incident to the
8 division on a forum prescribed by the division. Failure to
9 timely file this report is a violation of this chapter and
10 will subject the certificate of operation holder which
11 accident results in bodily injury or death to any person and
12 which is presumptively caused by the malfunction of the
13 equipment or misuse by a passenger of the equipment, the
14 elevator owner shall report to the division the date and time
15 of the accident, the location of the elevator involved in the
16 accident, whether there exists a service maintenance contract,
17 and, if so, with whom. Any elevator owner who fails to file
18 such report within 5 working days after an accident is subject
19 to an administrative fine, to be imposed by the division, in
20 an amount not to exceed $1,000 $500.
21 Section 16. Section 399.13, Florida Statutes, is
22 amended to read:
23 399.13 Delegation of authority to municipalities or
24 counties.--
25 (1) The department division may enter into contracts
26 with municipalities or counties under which such
27 municipalities or counties will issue construction permits,
28 temporary operation permits, and certificates of operation;
29 will provide inspection of elevators; and will enforce the
30 applicable provisions of the Florida Building Code, as
31 required by this chapter. Each such agreement shall include a
21
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HOUSE AMENDMENT
hbd-032 Bill No. CS/HB 1255, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 provision that the municipality or county shall maintain for
2 inspection by the department division copies of all
3 applications for permits issued, a copy of each inspection
4 report issued, and proper records showing the number of
5 certificates of operation issued; shall include a provision
6 that each required inspection be conducted by the holder of a
7 certificate of competency issued by the department division;
8 and may include such other provisions as the department
9 division deems necessary.
10 (2) The department division may make inspections of
11 elevators in such municipality or county for the purpose of
12 determining that the provisions of this chapter are being met
13 and may cancel the contract with any municipality or county
14 which the department division finds has failed to comply with
15 such contract or the provisions of this chapter. The
16 amendments to chapter 399 by this act shall apply only to the
17 installation, relocation, or alteration of an elevator for
18 which a permit has been issued after October 1, 1990.
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21 ================ T I T L E A M E N D M E N T ===============
22 And the title is amended as follows:
23 On page 1, lines 9 and 10,
24 remove from the title of the bill: all of said lines,
25
26 and insert in lieu thereof:
27 creating s. 399.001, F.S.; creating the
28 "Elevator Safety Act"; amending s. 399.01,
29 F.S.; defining terms; amending ss. 399.02,
30 399.03, F.S.; providing regulatory standards
31 for elevators and similar conveyances;
22
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HOUSE AMENDMENT
hbd-032 Bill No. CS/HB 1255, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 providing for permits for construction or
2 alteration of elevators and similar
3 conveyances; creating s. 399.049, F.S.;
4 providing for licenses and certificates of
5 competency; providing for disciplinary action;
6 amending s. 399.061, F.S.; providing for annual
7 inspections and fees; amending ss. 399.07,
8 399.10, 399.105, F.S.; revising administrative
9 fines and fee-setting procedures; conforming
10 provisions; creating s. 399.106, F.S.; creating
11 the Elevator Safety Technical Advisory
12 Committee; providing for its membership and
13 authority; amending s. 399.11, 399.125, 399.13,
14 F.S.; conforming provisions; repealing s.
15 399.045, F.S., which provides for a certificate
16 of competency; repealing s. 399.05, F.S., which
17 provides for construction permits;
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