| 1 | A bill to be entitled |
| 2 | An act relating to tower crane and tower crane operator |
| 3 | certification; creating s. 489.1138, F.S.; providing |
| 4 | definitions; requiring a tower crane to be certified in |
| 5 | order to be operated; requiring a person to be certified |
| 6 | in order to operate a tower crane on construction |
| 7 | projects; providing for certification organizations and |
| 8 | standards; prohibiting certain contractors from employing |
| 9 | or contracting for the services of tower crane operators |
| 10 | without certification; providing penalties; authorizing |
| 11 | persons in training for certification to operate tower |
| 12 | cranes under direct supervision of a certified tower crane |
| 13 | operator; providing rulemaking authority for the |
| 14 | Department of Business and Professional Regulation; |
| 15 | creating s. 489.1139, F.S.; preempting the regulation of |
| 16 | tower cranes and tower crane operators to the state; |
| 17 | providing for construction of the act in pari materia with |
| 18 | laws enacted during the 2007 Regular Session or a 2007 |
| 19 | special session of the Legislature; providing effective |
| 20 | dates. |
| 21 |
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| 22 | Be It Enacted by the Legislature of the State of Florida: |
| 23 |
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| 24 | Section 1. Effective July 1, 2008, section 489.1138, |
| 25 | Florida Statutes, is created to read: |
| 26 | 489.1138 Certification of tower cranes and tower crane |
| 27 | operators.-- |
| 28 | (1) DEFINITIONS.--As used in this section: |
| 29 | (a) "Tower crane" means a nonmobile, power-operated |
| 30 | hoisting machine used in construction, maintenance, demolition, |
| 31 | or excavation work that has a power-operated winch, load-line, |
| 32 | and boom moving laterally. A tower crane is a temporary |
| 33 | structure and is not subject to building codes or other |
| 34 | provisions of law, rule, or ordinance applicable to permanent |
| 35 | structures. |
| 36 | (b) "Tower crane operator" means a person engaged in |
| 37 | operating a tower crane. |
| 38 | (2) CERTIFICATION OF TOWER CRANES.--A tower crane may be |
| 39 | operated in this state only if it meets the applicable standards |
| 40 | of the American National Standards Institute/American Society of |
| 41 | Mechanical Engineers (ANSI/ASME) or the applicable standards of |
| 42 | the Power Crane and Shovel Association (PCSA). A tower crane is |
| 43 | deemed to meet such standards only if it has been certified by |
| 44 | an organization determined by the department to offer a |
| 45 | certification program that meets the currently applicable |
| 46 | ANSI/ASME standards or the accreditation requirements of the |
| 47 | National Commission for Certifying Agencies. This subsection |
| 48 | applies to tower cranes installed or erected on or after July 1, |
| 49 | 2008. |
| 50 | (3) CERTIFICATION OF TOWER CRANE OPERATORS.--A person may |
| 51 | operate a tower crane on a construction project only if he or |
| 52 | she is certified as a crane operator by the National Commission |
| 53 | for the Certification of Crane Operators or any other |
| 54 | organization determined by the department to offer an equivalent |
| 55 | testing and certification program that meets the requirements of |
| 56 | the ANSI/ASME current applicable standard or the accreditation |
| 57 | requirements of the National Commission for Certifying Agencies. |
| 58 | (4) DUTIES OF CONTRACTORS.--A contractor registered or |
| 59 | certified under this part shall only employ or contract for the |
| 60 | services of tower crane operators who have met the certification |
| 61 | requirements of subsection (3). |
| 62 | (5) PENALTIES.--Any person licensed under this part who |
| 63 | intentionally violates subsection (2) or subsection (3) is |
| 64 | subject to discipline pursuant to ss. 455.227 and 489.129. |
| 65 | (6) OPERATION OF TOWER CRANES BY TRAINEES UNDER |
| 66 | SUPERVISION.--Notwithstanding the certification requirements of |
| 67 | this section, a person undergoing training for the purpose of |
| 68 | qualifying for tower crane operator certification pursuant to |
| 69 | this section may operate a tower crane if such person is under |
| 70 | the direct supervision of a tower crane operator who holds a |
| 71 | current and valid certification to operate the tower crane |
| 72 | operated by such person. |
| 73 | (7) RULES.--The department may adopt rules pursuant to ss. |
| 74 | 120.536(1) and 120.54 necessary to implement this section. |
| 75 | Section 2. Section 489.1139, Florida Statutes, is created |
| 76 | to read: |
| 77 | 489.1139 Preemption.--The regulation of tower cranes and |
| 78 | tower crane operators is expressly preempted to the state, and |
| 79 | no county, municipality, or other political subdivision shall |
| 80 | enact or enforce any ordinance relating to matters within the |
| 81 | scope of this section and s. 489.1138. |
| 82 | Section 3. If any law amended by this act was also amended |
| 83 | by a law enacted during the 2007 Regular Session or a 2007 |
| 84 | special session of the Legislature, such laws shall be construed |
| 85 | as if they had been enacted at the same session of the |
| 86 | Legislature, and full effect shall be given to each if possible. |
| 87 | Section 4. Except as otherwise expressly provided in this |
| 88 | act, this act shall take effect upon becoming a law. |