Senate Bill sb2014c1

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    Florida Senate - 2001                           CS for SB 2014

    By the Committee on Commerce and Economic Opportunities; and
    Senator Latvala




    310-1804-01

  1                      A bill to be entitled

  2         An act relating to elevators; creating section

  3         399.001, F.S.; creating the "Elevator Safety

  4         Act"; amending s. 399.01, F.S.; defining terms;

  5         amending ss. 399.02, 399.03, F.S.; providing

  6         regulatory standards for elevators and similar

  7         conveyances under the jurisdiction of the

  8         Department of Community Affairs; providing for

  9         permits for construction or alteration of

10         elevators and similar conveyances; creating s.

11         399.049, F.S.; providing for licenses and

12         certificates of competency for elevator

13         contractors, elevator mechanics, and elevator

14         inspectors; providing for qualifications, fees,

15         continuing education, and disciplinary action;

16         amending s. 399.061, F.S.; providing for annual

17         inspections and fees; amending ss. 399.07,

18         399.10, 399.105, F.S.; revising administrative

19         fines and fee-setting procedures; conforming

20         provisions; creating s. 399.106, F.S.; creating

21         the Elevator Safety Committee; providing for

22         its membership and authority; amending s.

23         399.11, 399.125, 399.13, F.S.; conforming

24         provisions; repealing s. 399.045, F.S., which

25         provides for a certificate of competency;

26         repealing s. 399.05, F.S., which provides for

27         construction permits; transferring the

28         regulation of elevators from the Department of

29         Business and Professional Regulation to the

30         Department of Community Affairs; providing for

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  1         the continuance of judicial and administrative

  2         actions; providing an effective date.

  3

  4  Be It Enacted by the Legislature of the State of Florida:

  5

  6         Section 1.  Section 399.001, Florida Statutes, is

  7  created to read:

  8         399.001  Short title and purpose.--This chapter may be

  9  cited as the "Elevator Safety Act." The purpose of this

10  chapter is to provide for the safety of life and limb and to

11  promote public safety awareness. The use of unsafe and

12  defective lifting devices imposes a substantial probability of

13  serious and preventable injury and exposes employees and the

14  public to unsafe conditions. The prevention of these injuries

15  and the protection of employees and the public from unsafe

16  conditions is in the best interest of the public. Elevator

17  personnel performing work covered by the Florida Building Code

18  must possess documented training or experience or both and be

19  familiar with the operation and safety functions of the

20  components and equipment. Training and experience includes,

21  but is not limited to, recognizing the safety hazards and

22  performing the procedures to which they are assigned in

23  conformance with the requirements of the Florida Building

24  Code. This chapter establishes the minimum standards for

25  elevator personnel.

26         Section 2.  Section 399.01, Florida Statutes, is

27  amended to read:

28         399.01  Definitions.--As used in this chapter, the

29  term:

30         (1)  "Automated people mover" means an installation as

31  defined in the Florida Building Code.

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  1         (1)  "Alteration" means any change or addition to the

  2  equipment other than maintenance, repair, or replacement.

  3         (2)  "Certificate of competency" means a document

  4  issued by the division which evidences the competency of a

  5  person to construct, install, inspect, maintain, or repair any

  6  elevator.

  7         (2)(3)  "Certificate of operation" means a document

  8  issued by the department which indicates that the conveyance

  9  has had the required safety inspection and tests and that fees

10  have been paid as provided in this chapter.

11         (3)  "Conveyance" means an elevator, dumbwaiter,

12  escalator, moving sidewalk, platform lift, stairway chairlift,

13  and automated people mover.

14         (4)  "Department" means the Department of Community

15  Affairs. that authorizes an elevator owner to operate the

16  elevator and that is issued to the elevator owner when the

17  division finds that the elevator complies with the

18  requirements of this chapter.

19         (4)  "Division" means the Division of Hotels and

20  Restaurants of the Department of Business and Professional

21  Regulation.

22         (5)  "Elevator" means one of the following mechanical

23  devices:

24         (a)  A hoisting and lowering mechanism, equipped with a

25  car and platform that moves in guide rails and serves two or

26  more landings to transport material or passengers or both.

27         (b)  An escalator, which is a power-driven, inclined

28  continuous stairway used for raising or lowering passengers.

29         (c)  A dumbwaiter, which is a hoisting and lowering

30  mechanism equipped with a car of limited size which moves in

31  guide rails and serves two or more landings.

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  1         (d)  A moving walk, which is a type of

  2  passenger-carrying device on which passengers stand or walk

  3  and in which the passenger-carrying surface remains parallel

  4  to its direction of motion and is uninterrupted.

  5         (e)  An inclined stairway chairlift, which is a device

  6  used to transport physically handicapped persons over

  7  architectural barriers.

  8         (f)  An inclined or vertical wheelchair lift, which is

  9  a device used to transport wheelchair handicapped persons over

10  architectural barriers.

11         (6)  "Elevator contractor" means a person, firm, or

12  corporation that possesses an elevator contractor's license

13  and who is engaged in the business of erecting, constructing,

14  installing, altering, servicing, repairing, or maintaining

15  elevators or related conveyances covered by this chapter.

16         (7)  "Elevator helper/apprentice" means a person who

17  works under the general direction of an elevator mechanic with

18  a certificate of competency.

19         (8)  "Elevator inspector" means a person, as defined in

20  ASME QEI as an inspector who possesses an elevator inspector's

21  certificate of competency in accordance with this chapter.

22         (9)  "Elevator mechanic" means a person who possesses

23  an elevator mechanic certificate of competency in accordance

24  with this chapter.

25         (10)  "Escalator" means an installation defined as an

26  escalator in the Florida Building Code.

27         (11)  "Existing installation" means an installation

28  defined as an "installation, existing" in the Florida Building

29  Code.

30         (12)  "License or certificate of competency" means a

31  written license or certificate of competency issued by the

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  1  department authorizing a person, firm, or company to carry on

  2  the business of erecting, constructing, installing, altering,

  3  servicing, repairing, maintaining, or performing inspections

  4  of elevators or related conveyances covered by this chapter.

  5         (13)  "Elevator contractor's license" means a license

  6  that is issued to an elevator contractor who has proven his or

  7  her qualifications and ability and has been authorized by the

  8  department to possess this type of license. It entitles the

  9  holder to engage in the business of erecting, constructing,

10  installing, altering, servicing, testing, repairing, or

11  maintaining elevators or related conveyances covered by this

12  chapter.

13         (14)  "Elevator Safety Committee" means the Elevator

14  Safety Committee appointed by the Florida Building Commission

15  under s. 399.106.

16         (15)  "Inspector certificate of competency" means a

17  certificate of competency that is issued to an ASME QEI

18  certified elevator inspector who has proven his or her

19  qualifications and ability and has been authorized by the

20  department to possess this type of certificate of competency.

21  It entitles the holder to engage in the business of inspecting

22  elevators or related conveyances covered by this chapter.

23         (16)  "Limited elevator contractor's license" means a

24  license that is issued by the department authorizing a person,

25  firm, or company who employs individuals to carry on a

26  business of erecting, constructing, installing, altering,

27  servicing, repairing, or maintaining platform lifts and

28  stairway chairlifts within any building or structure,

29  including private residences.

30         (17)  "Elevator mechanic certificate of competency"

31  means a certificate of competency that is issued to a person

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  1  who has proven his or her qualifications and abilities and has

  2  been authorized by the department to work on conveyance

  3  equipment. It entitles the holder to install, construct,

  4  alter, service, repair, test, maintain, and perform electrical

  5  work on elevators or related conveyances covered by this

  6  chapter.

  7         (18)  "Licensee" means a licensed elevator mechanic,

  8  elevator contractor, or elevator inspector.

  9         (19)  "Material alteration" means an alteration as

10  defined in the Florida Building Code.

11         (20)  "Moving walk or sidewalk" means an installation

12  as defined in the Florida Building Code.

13         (21)  "Private residence" means a separate dwelling or

14  a separate apartment in a multiple dwelling which is occupied

15  by members of a single-family unit.

16         (22)  "Repair" means a repair as defined in the

17  referenced standards and does not require a permit.

18         (6)  "Elevator company" means any person that

19  constructs, installs, inspects, maintains, or repairs any

20  elevator.

21         (23)(7)  "Service maintenance contract" means a

22  contract that provides for routine examination, lubrication,

23  cleaning, adjustment, replacement of parts, and performance of

24  applicable code-required safety tests such as on a traction

25  elevator and annual relief pressure test on a hydraulic

26  elevator and any other service, repair, and maintenance

27  sufficient to ensure the safe operation of the elevator.

28         (24)  "Temporarily dormant elevator, dumbwaiter, or

29  escalator" means an installation whose power supply has been

30  disconnected by removing fuses and placing a padlock on the

31  mainline disconnect switch in the "OFF" position. The car is

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  1  parked and the hoistway doors are in the closed and latched

  2  position. A wire seal is installed on the mainline disconnect

  3  switch by a certificate of competency elevator inspector. This

  4  installation may not be used again until it has been put in

  5  safe running order and is in condition for use. Annual

  6  inspections shall continue for the duration of the temporarily

  7  dormant status by a certificate of competency elevator

  8  inspector. The temporarily dormant status is renewable on an

  9  annual basis and may not exceed a 5-year period. The inspector

10  shall file a report with the chief elevator inspector

11  describing the current conditions. The wire seal and padlock

12  may not be removed for any purpose without permission from the

13  elevator inspector.

14         (25)  "Temporary operation permit" means a document

15  issued by the department which permits the temporary use of a

16  noncompliant conveyance by the general public for a limited

17  time of 30 days while minor repairs are being completed.

18

19  All other building transportation terms are defined in the

20  current Florida Building Code.

21         Section 3.  Section 399.02, Florida Statutes, is

22  amended to read:

23         399.02  General requirements.--

24         (1)  The Elevator Safety Committee division shall

25  develop and submit to the Florida Building Commission for

26  consideration an elevator safety code, which, when adopted

27  within the Florida Building Code, applies to the installation,

28  relocation, or alteration of an elevator for which a permit

29  has been issued after October 1, 1990, and which must be the

30  same as or similar to the latest revision of "The Safety Code

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  1  for Elevators and Escalators ASME A17.1, ASME A17.3, ASME

  2  A18.1, and ASCE 21."

  3         (2)(a)  This chapter covers the design, construction,

  4  operation, inspection, testing, maintenance, alteration, and

  5  repair of the following equipment and its associated parts and

  6  hoistways:

  7         1.  Hoisting and lowering mechanisms equipped with a

  8  car or platform which move between two or more landings. This

  9  equipment includes, but is not limited to, elevators, platform

10  lifts, and stairway chairlifts.

11         2.  Power-driven stairways and walkways for carrying

12  persons between landings. This equipment includes, but is not

13  limited to, escalators and moving walks.

14         3.  Hoisting and lowering mechanisms equipped with a

15  car which serves two or more landings and is restricted to the

16  carrying of material by its limited size or limited access to

17  the car. This equipment includes, but is not limited to,

18  dumbwaiters, material lifts, and dumbwaiters with

19  automatic-transfer devices.

20         (b)  This chapter also covers the design, construction,

21  operation, inspection, maintenance, alteration, and repair of

22  automatic guided transit vehicles on guideways with an

23  exclusive right-of-way. This equipment includes, but is not

24  limited to, automated people movers.

25         (3)  Equipment not covered by this chapter includes,

26  but is not limited to:

27         (a)  Personnel hoists and material hoists within the

28  scope of ASME A10, as adopted by the Florida Building Code.

29         (b)  Man lifts within the scope of ASME A90.1, as

30  adopted by the Florida Building Code.

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  1         (c)  Mobile scaffolds, towers, and platforms within the

  2  scope of ANSI A92, as adopted by the Florida Building Code.

  3         (d)  Powered platforms and equipment for exterior and

  4  interior maintenance within the scope of ASME A120.1, as

  5  adopted by the Florida Building Code.

  6         (e)  Conveyors and related equipment within the scope

  7  of ASME B20.1, as adopted by the Florida Building Code.

  8         (f)  Cranes, derricks, hoists, hooks, jacks, and slings

  9  within the scope of ASME B30, as adopted by the Florida

10  Building Code.

11         (g)  Industrial trucks within the scope of ASME B56, as

12  adopted by the Florida Building Code.

13         (h)  Portable equipment, except for portable escalators

14  that are covered by the Florida Building Code.

15         (i)  Tiered or piling machines used to move materials

16  to and from storage located and operating entirely within one

17  story.

18         (j)  Equipment for feeding or positioning materials at

19  machine tools and printing presses.

20         (k)  Skip or furnace hoists.

21         (l)  Wharf ramps.

22         (m)  Railroad car lifts or dumpers.

23         (n)  Line jacks, false cars, shafters, moving

24  platforms, and similar equipment used for installing an

25  elevator by a contractor licensed in this state.

26         (2)(a)  The requirements of this chapter apply to

27  equipment covered by s. 1.1 of the Elevator Safety Code.

28         (b)  The equipment not covered by this chapter

29  includes, but is not limited to, the following:  elevators,

30  inclined stairway chairlifts, and inclined or vertical

31  wheelchair lifts located in private residences; elevators in

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  1  television and radio towers; hand-operated dumbwaiters; sewage

  2  pump station lifts; automobile parking lifts; and equipment

  3  covered in s. 1.2 of the Elevator Safety Code.

  4         (4)(3)  Each elevator shall have a serial number

  5  assigned by the division painted on or attached to the

  6  elevator car in plain view and also to the driving mechanism.

  7  This serial number shall be shown on all required certificates

  8  and permits.

  9         (5)(4)(a)  The construction permitholder is responsible

10  for the correction of violations and deficiencies until the

11  elevator has been inspected and a certificate of operation has

12  been issued by the department division.  The construction

13  permitholder is responsible for all tests of new and altered

14  equipment until the elevator has been inspected and a

15  certificate of operation has been issued by the department

16  division.

17         (b)  The elevator owner is responsible for the safe

18  operation and proper maintenance of the elevator after it has

19  been inspected and a certificate of operation has been issued

20  by the department division.  The responsibilities of the

21  elevator owner may be assigned by lease.

22         (c)  The elevator owner shall report to the department

23  division 60 days before the expiration of the certificate of

24  operation whether there exists a service maintenance contract,

25  with whom the contract exists, and the details concerning the

26  provisions and implementation of the contract which the

27  department division requires.  The department division shall

28  keep the names of companies with whom the contract exists

29  confidential pursuant to the public records exemption provided

30  in s. 119.14(4)(b)3. This annual contract report must be made

31  on forms supplied by the department division.  The elevator

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  1  owner must report any material change in the service

  2  maintenance contract no fewer than 30 days before the

  3  effective date of the change.  The department division shall

  4  determine whether the provisions of the service maintenance

  5  contract and its implementation ensure the safe operation of

  6  the elevator.

  7         (d)  Each elevator company must register and have on

  8  file with the department division a certificate of

  9  comprehensive general liability insurance evidencing coverage

10  limits in the minimum amounts of $100,000 per person and

11  $300,000 per occurrence and the name of at least one employee

12  who holds a current certificate of competency issued under s.

13  399.049 s. 399.045.

14         (6)(5)  The department division is empowered to carry

15  out all of the provisions of this chapter relating to the

16  inspection and regulation of elevators and to enforce the

17  provisions of the Florida Building Code which govern elevators

18  and conveying systems in conducting the inspections authorized

19  under this part to provide for the protection of the public

20  health, welfare, and safety.

21         (7)(6)  The Elevator Safety Committee division shall

22  annually review the provisions of the Safety Code for

23  Elevators and Escalators ASME A17.1, ASME A18.1, ASCE 21, or

24  other related model codes and amendments thereto, concurrent

25  with the update of the Florida Building Code and recommend to

26  the Florida Building Commission revisions to the Florida

27  Building Code to maintain the protection of the public health,

28  safety, and welfare.

29         Section 4.  Section 399.03, Florida Statutes, is

30  amended to read:

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  1         399.03  Design, installation, and alteration of

  2  conveyances elevators.--

  3         (1)  A conveyance covered by this chapter may not be

  4  erected, constructed, installed, or altered within buildings

  5  or structures unless a permit has been obtained from the

  6  department before the work is commenced. When any material

  7  alteration is made, the device must conform to applicable

  8  requirements of the Florida Building Code for the alteration.

  9  A permit required hereunder may not be issued except to a

10  person, firm, or corporation holding a current elevator

11  contractor's license issued under this chapter. A copy of the

12  permit must be kept at the construction site at all times

13  while the work is in progress.

14         (2)  The department shall provide by rule for permit

15  application requirements and permit fees.

16         (3)  Permits may be revoked for the following reasons:

17         (a)  There are any false statements or

18  misrepresentations as to the material facts in the

19  application, plans, or specifications on which the permit was

20  based.

21         (b)  The permit was issued in error and not in

22  accordance with the code or rules.

23         (c)  The work detailed under the permit is not being

24  performed in accordance with the provisions of the

25  application, plans, or specifications or with the code or

26  conditions of the permit.

27         (d)  The elevator contractor to whom the permit was

28  issued fails or refuses to comply with a stop work order.

29         (4)  A permit expires if:

30         (a)  The work authorized by the permit is not commenced

31  within 6 months after the date of issuance, or within a

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  1  shorter period of time as the department may specify at the

  2  time the permit is issued.

  3         (b)  The work is suspended or abandoned for a period of

  4  60 days, or such shorter period of time as the department may

  5  specify at the time the permit is issued, after the work has

  6  been started. For good cause, the department may allow a

  7  discretionary extension for the foregoing period.

  8         (5)  All new conveyance installations must be performed

  9  by a person to whom a license to install or service a

10  conveyance has been issued. Subsequent to installation, the

11  licensed person, firm, or company must certify compliance with

12  the applicable sections of this chapter and the Florida

13  Building Code. Before any conveyance is used, the property

14  owner or lessee must obtain an inspection by a licensed

15  inspector not employed or associated with the elevator

16  contractor, certifying that the elevator meets the safety

17  provisions of the Florida Building Code. Upon successful

18  inspection, the property owner or lessee must apply to the

19  department for a certificate of operation from the department.

20  A fee as prescribed in this chapter must be paid for the

21  certificate of operation. It is the responsibility of the

22  licensed elevator contractor to complete and submit a

23  first-time registration for a new installation. The

24  certificate of operation fee for newly installed platform

25  lifts and stairway chairlifts for private residences must

26  follow an inspection by a licensed third-party inspection

27  firm.

28         (6)  The certificate of operation fee for all existing

29  platform and stairway chairlifts for private residences and

30  any renewal certificate fee is waived. The department or its

31  designee shall inspect, in accordance with the requirements

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  1  set forth in the Florida Building Code, all existing platform

  2  lifts and stairway chairlifts for private residences

  3  subsequent to an inspection by a person, firm, or company

  4  licensed to inspect such conveyances.

  5         (7)  A certificate of operation is renewable annually

  6  except for certificates issued for platform and stairway

  7  chairlifts for private residences, which are valid for a

  8  period of 3 years. A certificate of operation must be clearly

  9  displayed on or in each conveyance or in the machine room for

10  use by and for the benefit of inspectors and code enforcement

11  personnel.

12         (8)  The permitholder shall notify the department, in

13  writing, at least 7 days before completion of the work and

14  shall, in the presence of a licensed elevator inspector not

15  associated with or employed by the installing company or

16  contractor, subject the newly installed, relocated, or altered

17  portions of the elevator to tests required to show that the

18  elevator meets the applicable provisions of the Florida

19  Building Code.

20         (1)  Each elevator shall comply with the edition of the

21  Florida Building Code that was in effect at the time of

22  receipt of application for the construction permit for the

23  elevator.

24         (2)  Each alteration to, or relocation of, an elevator

25  shall comply with the edition of the Florida Building Code

26  that was in effect at the time of receipt of the application

27  for the construction permit for the alteration or relocation.

28         (3)  When any change is made in the classification of

29  an elevator, the elevator shall comply with all of the

30  requirements of the version of the Florida Building Code that

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  1  were in effect at the time of receipt of the application for

  2  the construction permit for the change in classification.

  3         Section 5.  Section 399.049, Florida Statutes, is

  4  created to read:

  5         399.049  Certificate of competency.--

  6         (1)  APPLICATION FOR AN ELEVATOR CONTRACTOR'S LICENSE,

  7  LIMITED ACCESS ELEVATOR CONTRACTOR'S, ELEVATOR MECHANIC'S, OR

  8  INSPECTOR'S CERTIFICATE OF COMPETENCY.--

  9         (a)  Any person desiring to engage as an elevator

10  contractor in the business of elevator, dumbwaiter, escalator,

11  moving sidewalks installation, alteration service, replacement

12  or maintenance shall apply for a license with the department

13  on a form provided by the department.

14         (b)  Any person desiring to engage as an elevator

15  mechanic in the business of installing, altering, repairing,

16  or servicing an elevator, dumbwaiter, escalator, moving

17  sidewalks installation, alteration, service, replacement, or

18  maintenance shall apply for a certificate of competency with

19  the department on a form provided by the department. The

20  elevator mechanic must work under the direct supervision of a

21  licensed elevator contractor.

22         (c)  Any person desiring to engage as an elevator

23  inspector in the business of inspecting an elevator,

24  dumbwaiter, escalator, moving walk, or platform or stairway

25  chairlift shall apply with proof of ASME QEI certification for

26  a certificate of competency with the department on a form to

27  be provided by the department.

28         (d)  The applications shall contain information as

29  provided by rule, including, but not limited to, the number of

30  years the applicant has engaged in the business of installing,

31  inspecting, maintaining, or servicing elevators; satisfactory

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  1  evidence that the applicant is covered by general liability,

  2  personal injury, and property damage insurance, as required by

  3  department rule; and any other information the department

  4  requires.

  5         (2)  QUALIFICATIONS OF ELEVATOR MECHANIC.--A

  6  certificate of competency may not be granted to any person who

  7  has not proven his or her qualifications and abilities as

  8  provided by rule, including, but not limited to, the

  9  following:

10         (a)  An acceptable combination of documented experience

11  and education, including no less than 3 years' work experience

12  in the elevator industry, in construction, maintenance and

13  service, and repair, as verified by current and previous

14  employers licensed to do business in this state and

15  satisfactory completion of a written examination on the most

16  recent referenced codes and standards approved by the

17  department, as provided by rule.

18         (b)  Any person who furnishes the department with

19  acceptable proof that he or she has no less than 3 years'

20  experience as an elevator constructor, maintenance, or repair

21  person without direct and immediate supervision for a licensed

22  electrical elevator contractor licensed to do business may be

23  entitled to receive a certificate of competency without an

24  examination upon application and payment of the certificate of

25  competency fee. A person must apply within 1 year after the

26  effective date of this act.

27         (c)  A certificate of completion and successful passing

28  of the mechanic examination of a nationally recognized

29  training program for the elevator industry such as the

30  National Elevator Industry Education Program or its

31  equivalent, or a certificate of completion of an

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  1  apprenticeship program for elevator mechanics, having

  2  standards substantially equal to those in this chapter

  3  approved by the department, and registration with the Bureau

  4  of Apprenticeship and Training, U.S. Department of Labor, or a

  5  state apprenticeship council.

  6         (d)  A certificate of competency shall be issued upon

  7  application without examination to an individual holding a

  8  valid certificate from a state having standards substantially

  9  equal to those of the elevator safety provisions incorporated

10  into the Florida Building Code. Department procedures for

11  approving other state certification shall be adopted by rule.

12         (3)  QUALIFICATIONS OF ELEVATOR INSPECTOR.--An

13  inspector's certificate of competency may not be granted to

14  any person, unless he or she proves to the department's

15  satisfaction that he or she meets the current ASME QEI-1,

16  Standards for the Qualifications of Elevator Inspectors.

17         (4)  QUALIFICATIONS OF ELEVATOR CONTRACTOR.--A license

18  may not be granted to any person who does not have 5 years

19  work experience in the elevator industry in construction,

20  maintenance, and service or repair, as verified by a current

21  or previous elevator contractor license or satisfactory

22  completion of a written examination on elevator codes and

23  standards adopted by rule of the department and administered

24  by the department or an approved provider. However, a license

25  may be issued to a person holding a valid license from a state

26  having substantially equivalent licensing standards as

27  determined by the department according to rule.

28         (5)  ISSUANCE AND RENEWAL OF CERTIFICATES OF

29  COMPETENCY; FEES.--

30         (a)  When the division receives an application it may

31  issue a certificate of competency that is renewable every 4

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  1  years. The department shall set by rule the fee for a

  2  certificate of competency and any renewal thereafter.

  3         (b)  Whenever a declared emergency exists in the state

  4  and the number of persons in the state holding certificates of

  5  competency issued by the department is insufficient to cope

  6  with the declared emergency, a licensed elevator contractor

  7  shall respond as necessary to assure the safety of the public.

  8  Any person certified by a licensed elevator contractor to have

  9  an acceptable combination of documented experience and

10  education to perform elevator work as defined by department

11  rule shall seek an emergency elevator mechanic certificate of

12  competency from the department within 5 business days after

13  commencing work requiring a certificate of competency. Each

14  emergency certificate of competency is valid for a period of

15  90 days, renewable for three additional 90-day periods, from

16  the date issued and for particular elevators or geographical

17  areas as the department may designate. The department may

18  renew an emergency elevator mechanic certificate of competency

19  during the existence of an emergency. The department may not

20  charge a fee for issuing any emergency elevator mechanic

21  certificate of competency or renewal thereof.

22         (c)1.  Except for certificates issued under paragraph

23  (b), the renewal of a certificate of competency issued under

24  this section is conditioned upon the submission of a

25  certificate of completion of a course designed to ensure the

26  continuing education covering new and existing elevator safety

27  provisions of the Florida Building Code. The course must

28  consist of not less than 8 hours of instruction to be attended

29  and completed within 1 year immediately preceding the renewal

30  of a certificate of competency.

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  1         2.  Continuing education courses shall be taught by

  2  instructors through continuing education providers that may

  3  include, but are not limited to, association seminars and

  4  labor training programs. The department shall approve the

  5  continuing education providers. All instructors shall be

  6  approved by the department and are exempt from the

  7  requirements of subparagraph 1. with regard to application for

  8  certificate of competency renewal if the applicant was an

  9  instructor at any time during the 1 year immediately preceding

10  the scheduled date for such renewal.

11         3.  A person with a certificate of competency who is

12  unable to complete the continuing education course required

13  under this subsection before the expiration of his or her

14  certificate may apply for a waiver from the department on a

15  form that shall be signed under the pains and penalties of

16  perjury and accompanied by a certified statement from a

17  competent physician attesting to the temporary disability.

18  Upon the termination of such temporary disability, such

19  certificateholder shall submit to the department a certified

20  statement from the same physician, if practicable, attesting

21  to the termination of such temporary disability at which time

22  a waiver sticker, valid for 90 days, shall be issued to such

23  certificateholder and affixed to his certificate of

24  competency.

25         4.  Approved training providers shall keep uniform

26  records for a period of 4 years of the attendance of certified

27  persons following a format approved by the department and such

28  records shall be available for inspection by the department at

29  its request. Approved training providers shall be responsible

30  for the security of all attendance records and certificates of

31  completion. However, falsifying or knowingly allowing another

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  1  to falsify such attendance records or certificates of

  2  completion constitutes grounds for suspension or revocation of

  3  the approval required under this section.

  4         (6)  SUSPENSION OR REVOCATION OF LICENSE OR CERTIFICATE

  5  OF COMPETENCY.--The department may suspend or revoke a license

  6  or certificate of competency issued under this chapter or

  7  impose an administrative penalty of up to $1,000 per violation

  8  upon any licensee or certificateholder who commits any one or

  9  more of the following violations:

10         (a)  Any false statement as to a material matter in the

11  application.

12         (b)  Fraud, misrepresentation, or bribery in securing a

13  license or certificate of competency.

14         (c)  Failure to notify the department and the owner or

15  lessee of an elevator or related mechanism that is not in

16  compliance with the provisions of the elevator safety code

17  incorporated into the Florida Building Code.

18         (d)  Violation of any provision of this chapter.

19         (7)  DISCIPLINARY ACTION.--Any disciplinary action

20  taken under this section must comply with chapter 120 and any

21  rules adopted thereunder.

22         Section 6.  Section 399.061, Florida Statutes, is

23  amended to read:

24         399.061  Inspections; correction of deficiencies.--

25         (1)(a)  All elevators subject to this chapter must be

26  annually inspected by a certified elevator inspector through a

27  third-party inspection service or by a municipality or county

28  under contract with the department pursuant to s. 399.13 by a

29  third-party inspection service certified as a qualified

30  elevator inspector or maintained pursuant to a service

31  maintenance contract continuously in force. A statement

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  1  verifying the existence, performance, and cancellation of each

  2  service maintenance contract must be filed annually with the

  3  department division as prescribed by rule. All elevators

  4  covered by a service maintenance contract shall be inspected

  5  by a certificate-of-competency holder at least once every 2

  6  years. The owner of any conveyance shall have an elevator

  7  mechanic inspect and test the conveyance at the intervals

  8  required for compliance with ASME A17.1, ASME A18.1, and ASCE

  9  21. ; however, if the elevator is not an escalator or a

10  dumbwaiter and the elevator serves only two adjacent floors

11  and is covered by a service maintenance contract, no

12  inspection shall be required so long as the service contract

13  remains in effect.

14         (b)  The department division may inspect an elevator

15  whenever necessary to ensure its safe operation.

16         (2)  The department division shall employ state

17  elevator inspectors to conduct the inspections and tests

18  required by subsection (1) and may charge an inspection fee

19  for each inspection sufficient to cover the costs of that

20  inspection, as provided by rule. Each state elevator inspector

21  shall hold a certificate of competency issued by the

22  department division.

23         (3)  Whenever the department division determines from

24  the results of any inspection that, in the interest of the

25  public safety, an elevator is in an unsafe condition, the

26  department division may seal the elevator or order the

27  discontinuance of the use of the elevator until the department

28  division determines by inspection that such elevator has been

29  satisfactorily repaired or replaced so that the elevator may

30  be operated in a safe manner.

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  1         (4)  When the department division determines that an

  2  elevator is in violation of this chapter, the department

  3  division may issue an order to the elevator owner requiring

  4  correction of the violation.

  5         Section 7.  Section 399.07, Florida Statutes, is

  6  amended to read:

  7         399.07  Certificates of operation; temporary operation

  8  permits; fees.--

  9         (1)(a)  A certificate of operation may not be issued

10  until the elevator company supervisor signs an affidavit

11  stating that the elevator company supervisor directly

12  supervised construction or installation of the elevator.

13         (b)  The certificate of operation is valid for a period

14  of 1 year unless sooner suspended or revoked.  The department

15  division shall by rule adopt a fee schedule for the renewal of

16  certificates of operation.  The renewal period commences on

17  August 1 of each year.

18         (c)  The certificate of operation must be posted in a

19  conspicuous location on the elevator and must be framed with a

20  transparent cover.

21         (d)  The department division shall charge an annual fee

22  for issuance of a certificate of operation.  The fee must be

23  set by the department in consultation with the Elevator Safety

24  Committee and be adopted by rule in an amount not to exceed

25  $100 for an elevator not covered by a service maintenance

26  contract or $50 for an elevator covered by a service

27  maintenance contract. However, a renewal application for a

28  certificate of operation filed with the department after

29  expiration date of the certificate must be accompanied by a

30  delinquency fee of $50 in addition to the annual renewal fee

31  and any other fees required by law.  The fees must be

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  1  deposited into the Operational Hotel and Restaurant Trust

  2  Fund.

  3         (2)(a)  The department division may issue a temporary

  4  operation permit authorizing the temporary use of an elevator

  5  during installation or alteration to an elevator company or

  6  general contractor acting as a general agent of an elevator

  7  company.  A temporary operation permit may not be issued until

  8  the elevator has been inspected by a state elevator inspector

  9  and tested under contract load; the hoistway is fully

10  enclosed; the hoistway doors and interlocks are installed; the

11  car is completely enclosed, including door or gate and top;

12  all electrical safety devices are installed and properly

13  functioning; and terminal stopping equipment is in place for a

14  safe runby and proper clearance.  When a car is provided with

15  a temporary enclosure, the operating means must be by constant

16  pressure push-button or lever-type switch. The car may not

17  exceed the minimum safe operating speed of the elevator, and

18  the governor tripping speed must be set in accordance with the

19  operating speed of the elevator.

20         (b)  A temporary operation permit must be issued for a

21  period not to exceed 30 days.  The permit may be renewed at

22  the discretion of the department division.

23         (c)  When a temporary operation permit is issued, the

24  permit, together with a notice bearing a statement that the

25  elevator has not been finally approved by a state elevator

26  inspector, must be conspicuously posted in the elevator.

27         (d)  The department division shall charge a fee, set by

28  rule in an amount not greater than $100, for each temporary

29  operation permit. The fee must be deposited in the Operational

30  Hotel and Restaurant Trust Fund.

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  1         (3)  The certificate of operation shall contain the

  2  text of s. 823.12, relating to the prohibition against smoking

  3  in elevators.

  4         (4)  In addition to subsection (3), the designation "NO

  5  SMOKING" along with the international symbol for no smoking

  6  shall be conspicuously displayed within the interior of the

  7  elevator in the plain view of the public.

  8         (5)  Except as authorized by a temporary operation

  9  permit, the operation or use of any newly installed,

10  relocated, or altered elevator is prohibited until the

11  elevator has passed the tests and inspections required by this

12  chapter and a certificate of operation has been issued.

13         (6)  The department division may suspend any

14  certificate of operation if it finds that the elevator is not

15  in compliance with this chapter or of rules adopted under this

16  chapter.  The suspension remains in effect until the

17  department division determines, by inspection, that the

18  elevator has been brought into compliance.

19         Section 8.  Section 399.10, Florida Statutes, is

20  amended to read:

21         399.10  Enforcement of law.--It shall be the duty of

22  the department division to enforce the provisions of this

23  chapter. The department division shall have rulemaking

24  authority to carry out the provisions of this chapter.

25         Section 9.  Section 399.105, Florida Statutes, is

26  amended to read:

27         399.105  Administrative fines.--

28         (1)  Any person who fails to comply with the reporting

29  requirements of s. 399.02 or with the reasonable requests of

30  the department division to determine whether the provisions of

31  a service maintenance contract and its implementation assure

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  1  safe elevator operation is subject to an administrative fine

  2  not greater than $1,000 $500 in addition to any other penalty

  3  provided by law.

  4         (2)  Any person who commences the operation,

  5  installation, relocation, or alteration of any elevator for

  6  which a permit or certificate is required by this chapter

  7  without having obtained from the department division the

  8  permit or certificate is subject to an administrative fine not

  9  greater than $1,000 $500 in addition to any other penalty

10  provided by law.  No fine may be imposed under this subsection

11  for commencing installation without a construction permit if

12  such permit is issued within 60 days after the actual

13  commencement of installation.

14         (3)  An elevator owner who continues to operate an

15  elevator after notice to discontinue its use is subject to an

16  administrative fine not greater than $1,000 $500 for each day

17  the elevator has been operated after the service of the

18  notice, in addition to any other penalty provided by law.

19         (4)  An elevator owner who fails to comply with an

20  order issued under s. 399.061(4) within 60 days after its

21  issuance is subject, in addition to any other penalty provided

22  by law, to an administrative fine set by the department

23  division in an amount not to exceed $1,000 $500.

24         (5)  All administrative fines collected shall be

25  deposited into the Operational Hotel and Restaurant Trust

26  Fund.

27         Section 10.  Section 399.106, Florida Statutes, is

28  created to read:

29         399.106  Elevator Safety Committee.--

30         (1)  The Elevator Safety Committee is created within

31  the Florida Building Commission of the Department of Community

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  1  Affairs, consisting of seven members to be appointed by the

  2  commission as follows:  one representative from a major

  3  elevator manufacturing company or its authorized

  4  representative; one representative from an elevator servicing

  5  company; one representative from a building design profession;

  6  one representative of the general public; one representative

  7  of a local government in this state; one representative of a

  8  building owner or manager; and one representative of labor

  9  involved in the installation, maintenance, and repair of

10  elevators.

11         (2)  The committee members shall serve for terms of 4

12  years without salary, but may receive from the state expenses

13  for per diem and travel. The commission shall appoint one of

14  the members to serve as chairperson.

15         (3)  The committee shall meet and organize in

16  conjunction with the next regularly scheduled meeting of the

17  Florida Building Commission. The committee shall meet on the

18  call of the commission at a time and place to be fixed by it

19  and at times considered necessary for the consideration of

20  code rules and regulations to be provided to the Florida

21  Building Commission.

22         (4)  The committee may consult with engineering

23  authorities and organizations concerned with standard safety

24  codes for recommendations to the Florida Building Commission's

25  rules and regulations governing the operation, maintenance,

26  servicing, construction, alteration, installation, or

27  inspection of elevators, dumbwaiters, and escalators, and the

28  qualifications that are adequate, reasonable, and necessary

29  for the elevator mechanic, contractor, and inspector. The

30  committee may recommend appropriate legislation to the

31  commission.

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  1         (5)  The committee shall provide to the commission

  2  state regulations for the equipment regulated by this chapter,

  3  including, but not limited to, the Safety Code for Elevators

  4  and Escalators, ASME A17.1; the Safety Code for Existing

  5  Elevators and Escalators, ASME A17.3; the Safety Standards for

  6  Platform Lifts and Stairway Chairlifts, ASME A18.1; the

  7  Standards for the Qualification of Elevator Inspectors, ASME

  8  QEI-1, and Automated People Mover Standards, ASCE 21.

  9         (6)  The committee may recommend and the commission may

10  grant exceptions and variances from the literal requirements

11  of applicable codes and standards, regulations, or local

12  ordinances in cases in which the variances would not

13  jeopardize the public safety and welfare. The committee shall

14  hold hearings, hear appeals, and rule upon appeals within 30

15  days after the appeal. The committee shall develop an

16  enforcement program to ensure compliance with the requirements

17  of this chapter. The program must include random on-site

18  inspections and tests on existing installations and periodic

19  inspections and tests of persons who have been issued a

20  license or certificate of competency under this chapter.

21         (7)  Any person may request an investigation into an

22  alleged violation of this chapter by giving notice to the

23  department of such violation or danger. The notice must be in

24  writing, set forth with reasonable particularity the grounds

25  for the notice, and be signed by the person making the

26  request.

27         (8)  If upon receipt of such notification the

28  department determines that there are reasonable grounds to

29  believe that a violation or danger exists, the department

30  shall investigate as soon as practicable to determine if a

31  violation or danger exists. If the department determines that

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  1  there are no reasonable grounds to believe that a violation or

  2  danger exists, the department shall notify the party in

  3  writing of that determination.

  4         Section 11.  Section 399.11, Florida Statutes, is

  5  amended to read:

  6         399.11  Penalties.--

  7         (1)  Any person who violates any of the provisions of

  8  this chapter or the rules of the department division is guilty

  9  of a misdemeanor of the second degree, punishable as provided

10  in s. 775.082 or s. 775.083.

11         (2)  Any person who falsely represents himself or

12  herself as a holder of a certificate of competency issued

13  pursuant to s. 399.049 s. 399.045 is guilty of a misdemeanor

14  of the second degree, punishable as provided in s. 775.082 or

15  s. 775.083.

16         Section 12.  Section 399.125, Florida Statutes, is

17  amended to read:

18         399.125  Reporting of elevator accidents;

19  penalties.--Within 5 working days after any accident occurring

20  in or upon any elevator, which accident results in bodily

21  injury or death to any person and which is presumptively

22  caused by the malfunction of the equipment or misuse by a

23  passenger of the equipment, the elevator owner shall report to

24  the department division the date and time of the accident, the

25  location of the elevator involved in the accident, whether

26  there exists a service maintenance contract, and, if so, with

27  whom.  Any elevator owner who fails to file such report within

28  5 working days after an accident is subject to an

29  administrative fine, to be imposed by the department division,

30  in an amount not to exceed $1,000 $500.

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  1         Section 13.  Section 399.13, Florida Statutes, is

  2  amended to read:

  3         399.13  Delegation of authority to municipalities or

  4  counties.--

  5         (1)  The department division may enter into contracts

  6  with municipalities or counties under which such

  7  municipalities or counties will issue construction permits,

  8  temporary operation permits, and certificates of operation;

  9  will provide inspection of elevators; and will enforce the

10  applicable provisions of the Florida Building Code, as

11  required by this chapter.  Each such agreement shall include a

12  provision that the municipality or county shall maintain for

13  inspection by the department division copies of all

14  applications for permits issued, a copy of each inspection

15  report issued, and proper records showing the number of

16  certificates of operation issued; shall include a provision

17  that each required inspection be conducted by the holder of a

18  certificate of competency issued by the department division;

19  and may include such other provisions as the department

20  division deems necessary.

21         (2)  The department division may make inspections of

22  elevators in such municipality or county for the purpose of

23  determining that the provisions of this chapter are being met

24  and may cancel the contract with any municipality or county

25  which the department division finds has failed to comply with

26  such contract or the provisions of this chapter.  The

27  amendments to chapter 399 by this act shall apply only to the

28  installation, relocation, or alteration of an elevator for

29  which a permit has been issued after October 1, 1990.

30         Section 14.  Sections 399.045 and 399.05, Florida

31  Statutes, are repealed.

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  1         Section 15.  The regulation of elevators pursuant to

  2  chapter 399, Florida Statutes, is transferred by a type two

  3  transfer, as defined in section 20.06(2), Florida Statutes,

  4  from the Department of Business and Professional Regulation to

  5  the Department of Community Affairs. All rules adopted

  6  pursuant to the regulation administered under chapter 399,

  7  Florida Statutes, shall remain in effect until amended and

  8  transferred by the Department of Community Affairs. Any

  9  administrative and judicial actions and proceedings shall

10  continue unabated by this act, and the Department of Community

11  Affairs shall be substituted for the Department of Business

12  and Professional Regulation as the party in interest.

13         Section 16.  This act shall take effect January 1,

14  2002.

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  1          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
  2                         Senate Bill 2014

  3

  4  The committee substitute makes the following changes to SB
    2014:
  5
    1.    Provides that ch. 399, F.S., may be cited as the
  6        "Elevator Safety Act."

  7  2.    Provides for a type two transfer of the regulation of
          elevators pursuant to ch. 399, F.S., from the Department
  8        of Business and Professional Regulation to the
          Department of Community Affairs (DCA).
  9
    3.    Creates an Elevator Safety Committee (committee),
10        instead of an Elevator Safety Review Board, within the
          Florida Building Commission (commission) of DCA. The
11        committee shall provide to the commission state
          regulations for the equipment regulated by ch. 399,
12        F.S., and shall develop an enforcement program than
          ensures compliance with the requirements of that
13        chapter.

14  4.    Restores current law requiring submission of an elevator
          safety code to the Florida Building Commission for
15        inclusion in the Florida Building Code and the annual
          updating of that code. However, DCA (instead of the
16        Department of Business and Professional Regulation's
          Division of Hotels and Restaurants) will be responsible
17        for the submission and updating of the elevator safety
          code.
18
    5.    Amends certain definitions regarding the range of
19        devices regulated under state law and restores the
          definition of the term "elevator."
20
    6.    Amends permit application requirements and conveyance
21        installation procedures.

22  7.    Amends certification and licensure requirements.

23  8.    Increases elevator inspection requirements.

24  9.    Provides for new administrative fines and increases the
          caps on several current administrative fines from $500
25        to $1,000.

26  10.   Changes the effective date of the act from July 1, 2001,
          to January 1, 2002.
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