House Bill hb1667c1

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    Florida House of Representatives - 2002             CS/HB 1667

        By the Council for Smarter Government and Representative
    Benson





  1                      A bill to be entitled

  2         An act relating to building construction;

  3         amending s. 399.01, F.S.; revising and removing

  4         definitions; requiring that elevator service

  5         maintenance contracts be made available to the

  6         Department of Business and Professional

  7         Regulation upon request for oversight purposes;

  8         revising qualifications for an elevator

  9         certificate of competency; amending s. 399.02,

10         F.S.; providing that each elevator owner is

11         responsible for inspections and correction of

12         code deficiencies; eliminating a requirement

13         that the department review service maintenance

14         contracts and determine whether they ensure

15         safe operation; amending s. 399.03, F.S.;

16         revising requirements relating to the design,

17         installation, and alteration of conveyances;

18         providing additional requirements for issuance

19         of elevator permits; revising reporting

20         requirements; providing requirements for

21         temporary operation inspections; amending s.

22         399.049, F.S.; revising grounds for suspension

23         or revocation of certification or registration;

24         amending s. 399.061, F.S.; eliminating the

25         requirement that annual inspections be

26         conducted through third-party inspection

27         services; revising reporting requirements

28         relating to service maintenance contracts;

29         revising requirements relating to the

30         correction of violations; amending s. 399.07,

31         F.S.; extending the period of validity of

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  1         certificates of operation from 1 to 2 years;

  2         revising fee provisions to conform; amending s.

  3         399.105, F.S.; providing administrative fines

  4         for violations relating to reporting, operating

  5         a sealed elevator, and complying with

  6         correction orders; eliminating a restriction on

  7         the issuance of an administrative fine relating

  8         to commencing installation without a

  9         construction permit; amending s. 399.106, F.S.;

10         correcting a reference; amending s. 399.125,

11         F.S.; eliminating the requirement to report

12         elevator incidents; amending s. 399.13, F.S.;

13         allowing municipalities or counties that assume

14         elevator inspection duties to hire private

15         inspectors to conduct inspections; amending s.

16         509.072, F.S.; requiring the department to

17         separately account for the funds collected for

18         the inspection of elevators in the Hotel and

19         Restaurant Trust Fund; amending s. 553.74,

20         F.S.; revising the membership of the Florida

21         Building Commission; amending s. 604.50, F.S.;

22         revising an exemption from the Florida Building

23         Code for nonresidential farm buildings;

24         requiring the Florida Building Commission to

25         develop building code provisions to facilitate

26         the rehabilitation and use of existing

27         structures; requiring the commission to

28         identify legislative changes required to

29         implement such code provisions; requiring a

30         report to the Legislature; providing an

31         effective date.

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

  2

  3         Section 1.  Section 399.01, Florida Statutes, is

  4  amended to read:

  5         399.01  Definitions.--As used in this chapter, the

  6  term:

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

  8  vertical conveyance other than maintenance, repair, or

  9  replacement.

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

11  issued by the division which evidences the competency of a

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

13  vertical conveyance.

14         (2)(3)  "Certificate of operation" means a document

15  issued by the department which indicates that the conveyance

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

17  have been paid as provided in this chapter.

18         (3)(4)  "Conveyance" means an elevator, dumbwaiter,

19  escalator, moving sidewalk, platform lift, or and stairway

20  chairlift.

21         (4)(5)  "Department" means the Department of Business

22  and Professional Regulation.

23         (5)(6)  "Division" means the Division of Hotels and

24  Restaurants of the Department of Business and Professional

25  Regulation.

26         (6)(7)  "Elevator" means one of the following

27  mechanical devices:

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

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

30  more landings to transport material or passengers or both.

31

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

  2  continuous stairway used for raising or lowering passengers.

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

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

  5  guide rails and serves two or more landings.

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

  7  passenger-carrying device on which passengers stand or walk

  8  and in which the passenger-carrying surface remains parallel

  9  to its direction of motion and is uninterrupted.

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

11  used to transport physically handicapped persons over

12  architectural barriers.

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

14  a device used to transport wheelchair handicapped persons over

15  architectural barriers.

16         (8)  "Escalator" means an installation defined as an

17  escalator in the Florida Building Code.

18         (7)(9)  "Existing installation" means an installation

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

20  Code.

21         (8)(10)  "Elevator Safety Technical Advisory Committee"

22  means the committee appointed by the secretary of the

23  Department of Business and Professional Regulation.

24         (9)(11)  "Private residence" means a separate dwelling

25  or a separate apartment in a multiple dwelling which is

26  occupied by members of a single-family unit.

27         (10)(12)  "Service maintenance contract" means a

28  contract that provides for routine examination, lubrication,

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

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

31  elevator and annual relief pressure test on a hydraulic

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  1  elevator and any other service, repair, and maintenance

  2  sufficient to ensure the safe operation of the elevator. A

  3  service maintenance contract shall be made available upon

  4  request of the department for purposes of oversight and

  5  monitoring.

  6         (11)(13)  "Temporarily dormant conveyance" means a

  7  conveyance whose power supply has been disconnected by

  8  removing fuses and placing a padlock on the mainline

  9  disconnect switch in the "OFF" position. The car is parked,

10  and the hoistway doors are in the closed and latched position.

11  A wire seal is installed on the mainline disconnect switch by

12  a certified certificate of competency elevator inspector. This

13  conveyance installation may not be used again until it has

14  been put in safe running order and is in condition for use.

15  Annual inspections shall continue for the duration of the

16  temporarily dormant status by a certified certificate of

17  competency elevator inspector. The temporarily dormant status

18  is renewable on an annual basis and may not exceed a 5-year

19  period. The inspector shall file a report with the department

20  chief elevator inspector describing the current conditions.

21  The wire seal and padlock may not be removed for any purpose

22  without permission from the department elevator inspector.

23         (12)(14)  "Temporary operation inspection permit" means

24  an inspection performed by a certified elevator inspector, the

25  successful passage of a document issued by the department

26  which permits the temporary use of a noncompliant vertical

27  conveyance as provided by rule.

28         (13)(15)  "Registered elevator company" means an entity

29  registered with and authorized by the division employing

30  persons to construct, install, inspect, maintain, or repair

31  any vertical conveyance. Each registered elevator company must

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  1  annually register with the division and maintain general

  2  liability insurance coverage in the minimum amounts set by

  3  rule the division.

  4         (14)(16)  "Certified elevator inspector" is a natural

  5  person registered with and authorized by the division to

  6  construct, install, inspect, maintain, or repair any vertical

  7  conveyance, after having properly acquired the qualified

  8  elevator inspector credential as prescribed by the American

  9  Society of Mechanical Engineers. Each certified elevator

10  inspector must annually register with the division and provide

11  from the National Association of Elevator Safety Authorities.

12  Such person shall remain so authorized by the division only

13  upon providing annual proof of completion of 8 hours of

14  continuing education, proof that and the qualified elevator

15  inspector credential remains in good standing with the

16  National Association of Elevator Safety Authorities, and proof

17  of. A licensed mechanical engineer whose license is in good

18  standing may be authorized as a certified elevator inspector

19  by the division. Each certified elevator inspector must

20  annually register with the division and maintain general

21  liability insurance coverage in the minimum amounts set by the

22  division.

23         (15)(17)  "Certified elevator technician" means a

24  natural person authorized by the division to construct,

25  install, maintain, or repair any vertical conveyance, after

26  having been issued an elevator certificate of competency by

27  the division. Each certified elevator technician must annually

28  register with the division and be covered by maintain general

29  liability insurance coverage in the minimum amounts set by the

30  division.

31

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  1         (16)(18)  "Elevator helper" means a natural person

  2  performing work under the direct supervision of an elevator

  3  certificate of competency holder a certified elevator

  4  inspector or an elevator technician to construct, install,

  5  maintain, or repair any vertical conveyance.

  6         (17)(19)  "Elevator certificate of competency" means a

  7  credential issued by the division to any individual natural

  8  person successfully completing an examination as prescribed by

  9  rule and paying a nonrefundable fee of $50. Such credential

10  shall be valid for and expire at the end of 1 year, and may be

11  renewed by the division when the division receives proof of

12  the elevator certificate of competency holder's completion of

13  8 hours of continuing education from a provider approved by

14  the department and a nonrefundable renewal fee of $50. The

15  department shall adopt by rule criteria for providing approval

16  and procedures for continuing education reporting.

17         (a)  An elevator certificate of competency may be

18  issued only if the applicant meets the following requirements:

19         1.  Four years' work experience in the construction,

20  maintenance, service, and repair of conveyances covered by

21  this chapter. This experience shall be verified by current or

22  previously registered elevator companies as required by the

23  division.

24         2.  One of the following:

25         a.  Proof of completion and successful passage of a

26  written examination administered by the division or a provider

27  approved by the division under standards it adopted by rule.

28         b.  Proof of completion of an apprenticeship program

29  for elevator mechanics which has standards substantially

30  equivalent to those found in a national training program for

31  elevator mechanics and is registered with the Bureau of

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  1  Apprenticeship and Training of the United States Department of

  2  Labor or a state apprenticeship authority.

  3         c.  Proof of licensure or certification by a state or

  4  local jurisdiction in the United States having standards

  5  substantially equal to or more stringent than those of this

  6  chapter.

  7         (b)  A licensed mechanical engineer whose license is in

  8  good standing may be granted an elevator certificate of

  9  competency.

10

11  All other building transportation terms are defined in the

12  current Florida Building Code.

13         Section 2.  Subsections (1) and (5) of section 399.02,

14  Florida Statutes, are amended to read:

15         399.02  General requirements.--

16         (1)  The Elevator Safety Technical Advisory Committee

17  shall develop and submit to the Director of Hotels and

18  Restaurants proposed regarding revisions to the elevator

19  safety code so that it is the same as or similar to the latest

20  editions versions of ASME A17.1, ASME A17.3, and ASME A18.1.

21         (5)(a)  The construction permitholder is responsible

22  for the correction of violations and deficiencies until the

23  elevator has been inspected and a certificate of operation has

24  been issued by the department.  The construction permitholder

25  is responsible for all tests of new and altered equipment

26  until the elevator has been inspected and a certificate of

27  operation has been issued by the department.

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

29  operation, and proper maintenance, and inspection and

30  correction of code deficiencies of the elevator after it has

31  been inspected and a certificate of operation has been issued

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  1  by the department. The responsibilities of the elevator owner

  2  may be assigned by lease.

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

  4  60 days before the expiration of the certificate of operation

  5  whether there exists a service maintenance contract, with whom

  6  the contract exists, and the details concerning the provisions

  7  and implementation of the contract which the department

  8  requires. The department shall keep the names of companies

  9  with whom the contract exists confidential pursuant to the

10  public records exemption provided in s. 119.14(4)(b)3. This

11  annual contract report must be made on forms supplied by the

12  department.  The elevator owner must report any material

13  change in the service maintenance contract no fewer than 30

14  days before the effective date of the change.  The department

15  shall determine whether the provisions of the service

16  maintenance contract and its implementation ensure the safe

17  operation of the elevator.

18         Section 3.  Section 399.03, Florida Statutes, is

19  amended to read:

20         399.03  Design, installation, and alteration of

21  conveyances.--

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

23  erected, constructed, installed, or altered within buildings

24  or structures until unless a permit has been obtained from the

25  department before the work is commenced. Permits must be

26  applied for by a registered elevator company and may only be

27  granted upon receipt and approval of an application to be made

28  on a form prescribed by the department, accompanied by all of

29  the following: proper fees; plans that have been sealed by an

30  architect or engineer whose license is in good standing; and a

31  statement from the architect or engineer attesting that the

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  1  plans meet all applicable elevator safety and building codes.

  2  Permits may be granted only to registered elevator companies

  3  in good standing. When any material alteration is made, the

  4  alteration device must conform to applicable requirements of

  5  the Florida Building Code and the provisions of this chapter

  6  for the alteration. A permit required hereunder may not be

  7  issued except to a person, firm, or corporation holding a

  8  current elevator contractor's license issued under this

  9  chapter. A copy of the permit and plans must be kept at the

10  construction site at all times while the work is in progress

11  and until a certificate of operation is issued.

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

13  application requirements and permit fees.

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

15         (a)  There are any false statements or

16  misrepresentations as to the material facts in the

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

18  based.

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

20  accordance with the code or rules.

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

22  performed in accordance with the provisions of the

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

24  conditions of the permit.

25         (d)  The construction permitholder to whom the permit

26  was issued fails or refuses to comply with a stop-work order.

27         (4)  A permit expires if:

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

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

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

31  time the permit is issued.

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

  2  60 days, or such shorter period of time as the department may

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

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

  5  discretionary extension for the foregoing period.

  6         (5)  All new conveyance installations must be performed

  7  by a registered elevator company person to whom a license to

  8  install or service a conveyance has been issued. Subsequent to

  9  installation, the licensed person, firm, or company must

10  certify compliance with the applicable sections of this

11  chapter and the Florida Building Code. Before any vertical

12  conveyance is used, except those in a private residence, it

13  must be inspected by a certified elevator licensed inspector

14  not employed, or associated, or having a conflict of interest

15  with the elevator construction permitholder or elevator owner

16  and certified as meeting the safety provisions of the Florida

17  Building Code, including the performance of all required

18  safety tests. The certified elevator inspector shall provide

19  the original copy of the inspection report to the department

20  within 5 days after the inspection. A certificate of operation

21  may not be issued until the permitholder provides an affidavit

22  signed by the construction supervisor attesting that the

23  supervisor directly supervised the construction or

24  installation of the elevator. Upon successful inspection, the

25  owner or lessee must apply to the department for a certificate

26  of operation from the department. A fee as prescribed in this

27  chapter must be paid for the certificate of operation. It is

28  the responsibility of the licensed elevator construction

29  permitholder to complete and submit a first-time registration

30  for a new installation. Vertical conveyances, including

31  stairway chairlifts, and inclined or vertical wheelchair lifts

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  1  located in private residences are not required to obtain a

  2  certificate of operation under this chapter.

  3         (6)  A certificate of operation expires July 31 of each

  4  year and must be renewed prior to continued use of the

  5  conveyance. A certificate of operation must be clearly

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

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

  8  personnel. Certificates of operation may only be renewed for

  9  vertical conveyances having a current satisfactory inspection.

10         (6)(7)  At the department's request, and to facilitate

11  oversight and monitoring, the permitholder shall notify the

12  department of the scheduled final inspection date and time for

13  purposes of acquiring a certificate of inspection, in writing,

14  at least 7 days before completion of the work and shall, in

15  the presence of a licensed elevator inspector not associated

16  with or employed by the installing company or contractor,

17  subject the newly installed, relocated, or altered portions of

18  the elevator to tests required to show that the elevator meets

19  the applicable provisions of the Florida Building Code.

20         (7)(8)  Each elevator shall comply with the edition of

21  the Florida Building Code or Elevator Safety Code that was in

22  effect at the time of receipt of application for the

23  construction permit for the elevator.

24         (8)(9)  Each alteration to, or relocation of, an

25  elevator shall comply with the edition of the Florida Building

26  Code or Elevator Safety Code that was in effect at the time of

27  receipt of the application for the construction permit for the

28  alteration or relocation.

29         (9)(10)  When any change is made in the classification

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

31  requirements of the version of the Florida Building Code or

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  1  Elevator Safety Code that were in effect at the time of

  2  receipt of the application for the construction permit for the

  3  change in classification.

  4         (10)(a)  The temporary use of an elevator during

  5  installation or alteration is authorized for a period of 30

  6  days after the completion of a satisfactory temporary

  7  operation inspection. An additional 30-day period of temporary

  8  use is authorized from the date of completion of each

  9  additional satisfactory temporary operation inspection. A

10  satisfactory temporary operation inspection must satisfy the

11  following criteria: the elevator is tested under contract

12  load; the hoistway is fully enclosed; the hoistway doors and

13  interlocks are installed; the car is completely enclosed,

14  including door or gate and top; all electrical safety devices

15  are installed and properly functioning; and terminal stopping

16  equipment is in place for a safe runby and proper clearance.

17  When a car is provided with a temporary enclosure, the

18  operating means must be by constant pressure push-button or

19  lever-type switch. The car may not exceed the minimum safe

20  operating speed of the elevator, and the governor tripping

21  speed must be set in accordance with the operating speed of

22  the elevator.

23         (b)  Temporary use is authorized only when a

24  satisfactory temporary operation inspection report, completed

25  within the last 30 days, and a notice prescribed by the

26  department, bearing a statement that the elevator has not been

27  finally approved by a certified elevator inspector, are

28  conspicuously posted in the elevator.

29         Section 4.  Section 399.049, Florida Statutes, is

30  amended to read:

31

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  1         399.049  Disciplinary action Certificate of

  2  competency.--

  3         (1)  SUSPENSION OR REVOCATION OF LICENSE OR CERTIFICATE

  4  OF COMPETENCY.--The department may suspend or revoke an

  5  elevator inspector certification, an elevator company

  6  registration, an elevator a license or certificate of

  7  competency, or an elevator certificate of operation issued

  8  under this chapter or impose an administrative penalty of up

  9  to $1,000 per violation upon any registered elevator company

10  licensee or certificateholder who commits any one or more of

11  the following violations:

12         (a)  Any false statement as to a material matter in an

13  the application for registration, certification, or any permit

14  or certificate issued under this chapter.

15         (b)  Fraud, misrepresentation, or bribery in the

16  practice of the profession securing a license or certificate

17  of competency.

18         (c)  Failure by a certified elevator inspector to

19  provide notify the department and the certificate of operation

20  holder with a copy of the inspection report within 5 days

21  after the date of any inspection performed after the initial

22  certificate of operation is issued of a conveyance covered by

23  this chapter that is not in compliance with the provisions of

24  the elevator safety code incorporated into the Florida

25  Building Code.

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

27         (2)  DISCIPLINARY ACTION.--Any disciplinary action

28  taken under this chapter must comply with chapter 120 and any

29  rules adopted thereunder.

30         Section 5.  Section 399.061, Florida Statutes, is

31  amended to read:

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  1         399.061  Inspections; service maintenance contracts;

  2  correction of deficiencies.--

  3         (1)(a)  All elevators or other conveyances subject to

  4  this chapter must be annually inspected by a certified

  5  elevator inspector through a third-party inspection service,

  6  or by a municipality or county under contract with the

  7  division, pursuant to s. 399.13. If the elevator or other

  8  conveyance is maintained pursuant to a service maintenance

  9  contract continuously in force, it shall be inspected at least

10  once every 2 years by a certified elevator inspector who is

11  not employed by or otherwise associated with the maintenance

12  company; however, if the elevator is not an escalator or a

13  dumbwaiter, serves only two adjacent floors, and is covered by

14  a service maintenance contract, an inspection is not required

15  so long as the service contract remains in effect. A statement

16  verifying the existence, performance, and cancellation of each

17  service maintenance contract must be filed annually with the

18  division as prescribed by rule.

19         (b)  A statement verifying the existence and

20  performance of each service maintenance contract must be filed

21  at least annually with the division and as prescribed by rule.

22  Cancellation of a service maintenance contract must be

23  reported to the division as prescribed by rule. The division

24  may inspect an elevator whenever necessary to ensure its safe

25  operation or when a third-party inspection service is not

26  available for a routine inspection.

27         (2)  The division may inspect an elevator whenever

28  necessary to ensure its safe operation. The division may

29  employ state elevator inspectors to conduct any the

30  inspections as required by this chapter subsection (1) and may

31  charge a an inspection fee for each inspection in an amount

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  1  sufficient to cover the costs of that inspection, as provided

  2  by rule, when a private certified elevator inspector is not

  3  available. Each state elevator inspector shall be properly

  4  qualified as a certified elevator inspector hold a certificate

  5  of competency issued by the division.

  6         (3)  Whenever the division determines from the results

  7  of any inspection that, in the interest of the public safety,

  8  an elevator is in an unsafe condition, the division may seal

  9  the elevator or order the discontinuance of the use of the

10  elevator until the division determines by inspection that such

11  elevator has been satisfactorily repaired or replaced so that

12  the elevator may be operated in a safe manner.

13         (4)  When the division determines that an elevator is

14  in violation of this chapter or the Florida Building Code, the

15  division may issue an order to the elevator owner requiring

16  correction of the violation and reinspection of the elevator

17  evidencing the correction.

18         Section 6.  Section 399.07, Florida Statutes, is

19  amended to read:

20         399.07  Certificates of operation; temporary operation

21  permits; fees.--

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

23  until the elevator company supervisor signs an affidavit

24  stating that the elevator company supervisor directly

25  supervised construction or installation of the elevator.

26         (1)(b)  The certificate of operation is valid for a

27  period not to exceed 2 years and shall expire at the end of

28  the period of 1 year unless sooner suspended or revoked. The

29  department may adopt rules establishing a procedure for

30  certificate renewal. Certificates of operation may be renewed

31  only for vertical conveyances having a current satisfactory

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  1  inspection. The owner of an elevator operating with an expired

  2  certificate of operation is in violation of this chapter.

  3  Certificate of operation renewal applications received by the

  4  department after the date of expiration of the last current

  5  certificate must be accompanied by a late fee of $50 in

  6  addition to the annual renewal fee and any other fees required

  7  by law. The department shall adopt by rule a fee schedule for

  8  the renewal of certificates of operation. The fees must be

  9  deposited into the Hotel and Restaurant Trust Fund. The

10  department shall by rule adopt a fee schedule for the renewal

11  of certificates of operation.  The renewal period commences on

12  August 1 of each year.

13         (2)(c)  The certificate of operation must be posted in

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

15  a transparent cover.

16         (d)  The department shall charge an annual fee for

17  issuance of a certificate of operation in an amount to be set

18  by rule. However, a renewal application for a certificate of

19  operation filed with the department after expiration date of

20  the certificate must be accompanied by a delinquency fee of

21  $50 in addition to the annual renewal fee and any other fees

22  required by law. The fees must be deposited into the Hotel and

23  Restaurant Trust Fund.

24         (2)(a)  The department may issue a temporary operation

25  permit authorizing the temporary use of an elevator during

26  installation or alteration to an elevator company or general

27  contractor acting as a general agent of an elevator company. A

28  temporary operation permit may not be issued until the

29  elevator has been inspected by a state elevator inspector and

30  tested under contract load; the hoistway is fully enclosed;

31  the hoistway doors and interlocks are installed; the car is

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  1  completely enclosed, including door or gate and top; all

  2  electrical safety devices are installed and properly

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

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

  5  temporary enclosure, the operating means must be by constant

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

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

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

  9  operating speed of the elevator.

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

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

12  the discretion of the department.

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

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

15  elevator has not been finally approved by a state elevator

16  inspector, must be conspicuously posted in the elevator.

17         (d)  The department shall charge a fee, set by rule in

18  an amount not greater than $100, for each temporary operation

19  permit. The fee must be deposited in the Hotel and Restaurant

20  Trust Fund.

21         (3)  The certificate of operation shall contain the

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

23  in elevators.

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

25  SMOKING" along with the international symbol for no smoking

26  shall be conspicuously displayed within the interior of the

27  elevator in the plain view of the public.

28         (5)  Except for as authorized by a temporary use

29  authorized by this chapter operation permit, the operation or

30  use of any newly installed, relocated, or altered elevator is

31  prohibited until the elevator has passed the tests and

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  1  inspections required by this chapter and a certificate of

  2  operation has been issued.

  3         (6)  The department may suspend any certificate of

  4  operation if it finds that the elevator is not in compliance

  5  with this chapter or of rules adopted under this chapter. The

  6  suspension remains in effect until the department receives

  7  satisfactory results of an inspection performed by a certified

  8  elevator inspection indicating determines, by inspection, that

  9  the elevator has been brought into compliance.

10         Section 7.  Section 399.105, Florida Statutes, is

11  amended to read:

12         399.105  Administrative fines.--

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

14  requirements of this chapter s. 399.02 or with the reasonable

15  requests of the department to determine whether the provisions

16  of a service maintenance contract and its implementation

17  ensure assure safe elevator operation is subject to an

18  administrative fine not greater than $1,000 in addition to any

19  other penalty provided by law.

20         (2)  Any person who commences the operation,

21  installation, relocation, or alteration of any elevator for

22  which a permit or certificate is required by this chapter

23  without having obtained from the department the permit or

24  certificate is subject to an administrative fine not greater

25  than $1,000 in addition to any other penalty provided by law.

26  No fine may be imposed under this subsection for commencing

27  installation without a construction permit if such permit is

28  issued within 60 days after the actual commencement of

29  installation.

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

31  elevator after notice to discontinue its use or after it has

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  1  been sealed by the department is subject to an administrative

  2  fine not greater than $1,000 for each day the elevator has

  3  been operated after the service of the notice or sealing by

  4  the department, in addition to any other penalty provided by

  5  law.

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

  7  order to correct issued under s. 399.061(4) within 30 60 days

  8  after its issuance is subject, in addition to any other

  9  penalty provided by law, to an administrative fine set by the

10  department in an amount not to exceed $1,000.

11         (5)  All administrative fines collected shall be

12  deposited into the Hotel and Restaurant Trust Fund.

13         Section 8.  Subsection (2) of section 399.106, Florida

14  Statutes, is amended to read:

15         399.106  Elevator Safety Technical Advisory

16  Committee.--

17         (2)  The committee members shall serve staggered terms

18  of 4 years to be set by rule without salary, but may receive

19  from the state expenses for per diem and travel. The committee

20  commission shall appoint one of the members to serve as chair.

21         Section 9.  Section 399.125, Florida Statutes, is

22  amended to read:

23         399.125  Reporting of elevator accidents or incidents;

24  penalties.--Within 5 working days after any accident or

25  incident occurring in or upon any elevator, the certificate of

26  operation holder shall report the accident or incident to the

27  division on a form prescribed by the division. Failure to

28  timely file this report is a violation of this chapter and

29  will subject the certificate of operation holder to an

30  administrative fine, to be imposed by the division, in an

31  amount not to exceed $1,000.

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  1         Section 10.  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 may enter into contracts with

  6  municipalities or counties under which such municipalities or

  7  counties will issue construction permits, temporary operation

  8  permits, and certificates of operation; will provide for

  9  inspection of elevators, including temporary operation

10  inspections; and will enforce the applicable provisions of the

11  Florida Building Code, as required by this chapter. The

12  municipality or county may choose to require inspections to be

13  performed by its own inspectors or by private certified

14  elevator inspectors. Each such agreement shall include a

15  provision that the municipality or county shall maintain for

16  inspection by the department copies of all applications for

17  permits issued, a copy of each inspection report issued, and

18  proper records showing the number of certificates of operation

19  issued; shall include a provision that each required

20  inspection be conducted by a certified elevator inspector the

21  holder of a certificate of competency issued by the

22  department; and may include such other provisions as the

23  department deems necessary.

24         (2)  The department may make inspections of elevators

25  in such municipality or county for the purpose of determining

26  that the provisions of this chapter are being met and may

27  cancel the contract with any municipality or county which the

28  department finds has failed to comply with such contract or

29  the provisions of this chapter.  The amendments to chapter 399

30  by this act shall apply only to the installation, relocation,

31

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  1  or alteration of an elevator for which a permit has been

  2  issued after October 1, 1990.

  3         Section 11.  Subsection (1) of section 509.072, Florida

  4  Statutes, is amended to read:

  5         509.072  Hotel and Restaurant Trust Fund; collection

  6  and disposition of moneys received.--

  7         (1)(a)  There is created a Hotel and Restaurant Trust

  8  Fund to be used for the administration and operation of the

  9  division and the carrying out of all laws and rules under the

10  jurisdiction of the division pertaining to the construction,

11  maintenance, and operation of public lodging establishments

12  and public food service establishments, including the

13  inspection of elevators as required under chapter 399.  All

14  funds collected by the division and the amounts paid for

15  licenses and fees shall be deposited in the State Treasury

16  into the Hotel and Restaurant Trust Fund.

17         (b)  The department shall maintain a separate account

18  in the Hotel and Restaurant Trust Fund for funds collected for

19  the inspection of elevators as required under chapter 399. To

20  the maximum extent possible, the department shall directly

21  charge all expenses to the account for elevator inspections.

22  For the purpose of this paragraph, direct charge expenses

23  include, but are not limited to, costs for investigations,

24  examinations, or legal services. For expenses that cannot be

25  charged directly, the department shall provide for the

26  proportionate allocation among the accounts of expenses

27  incurred by the department in the performance of its duties.

28  The department may not expend funds from the account of the

29  elevator inspections to pay for the expenses incurred on

30  behalf of hotel or restaurant regulation, nor may the funds be

31  deposited or transferred into any other trust fund

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  1  administered by the department or any of its divisions. The

  2  department shall maintain adequate records to support its

  3  allocation of the department's expenses.

  4         Section 12.  Effective May 1, 2003, paragraphs (c) and

  5  (h) of subsection (1) of section 553.74, Florida Statutes, are

  6  amended to read:

  7         553.74  Florida Building Commission.--

  8         (1)  The Florida Building Commission is created and

  9  shall be located within the Department of Community Affairs

10  for administrative purposes. Members shall be appointed by the

11  Governor subject to confirmation by the Senate. The commission

12  shall be composed of 23 members, consisting of the following:

13         (c)  One air-conditioning contractor or one mechanical

14  contractor certified to do business in this state and actively

15  engaged in the profession.

16         (h)  One roofing or, sheet metal, or air-conditioning

17  contractor certified to do business in this state and actively

18  engaged in the profession.

19         Section 13.  Section 604.50, Florida Statutes, is

20  amended to read:

21         604.50  Nonresidential farm buildings.--Notwithstanding

22  any other law to the contrary, any nonresidential farm

23  building located on a farm is exempt from the Florida Building

24  Code and any county or municipal building code. For purposes

25  of this section "nonresidential farm building" means any

26  building or support structure used by a farm operation that is

27  not used as a residential dwelling and is located on land

28  classified as agricultural land pursuant to s. 193.461 located

29  on a farm that is not used as a residential dwelling. Farm is

30  as defined in s. 823.14.

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  1         Section 14.  (1)  The Legislature directs the Florida

  2  Building Commission to develop building code provisions that

  3  may be added to the Florida Building Code to facilitate the

  4  rehabilitation and use of existing structures. The commission

  5  shall select from available national or international model

  6  codes or the codes or code provisions adopted by another state

  7  to form the foundation for the code provisions required by

  8  this section.

  9         (2)  The commission shall seek consensus with fire

10  safety professionals, advocates for persons with disabilities,

11  representatives of the construction industry, land-use

12  planners, building officials, and others identified by the

13  commission as having an interest in building code provisions.

14  The commission may modify the selected model codes and

15  standards as needed to accommodate the specific needs of this

16  state.

17         (3)  In conjunction with its code development

18  activities, the commission shall identify legislative changes

19  required to implement the code provisions developed pursuant

20  to subsections (1) and (2).

21         (4)  The commission shall report the activities

22  undertaken in response to the requirements of this act to the

23  Legislature on or before January 1, 2003, as a part of the

24  annual report required by s. 553.77(1)(b), Florida Statutes.

25  Recommended code provisions and the legislative changes

26  required for implementation shall be attached as appendices to

27  the annual report.

28         Section 15.  Except as otherwise provided herein, this

29  act shall take effect upon becoming a law.

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  2                          HOUSE SUMMARY

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      Requires the Florida Building Commission to develop
  4    building code provisions to facilitate the rehabilitation
      and use of existing structures. Requires the commission
  5    to identify legislative changes required to implement
      such code provisions. Requires a report to the
  6    Legislature.

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