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 effective dates. |
18 |
|
19 | Be It Enacted by the Legislature of the State of Florida: |
20 |
|
21 | Section 1. Effective July 1, 2009, section 489.1138, |
22 | Florida Statutes, is created to read: |
23 | 489.1138 Certification of tower cranes and tower crane |
24 | operators.-- |
25 | (1) DEFINITIONS.--As used in this section: |
26 | (a) "Tower crane" means a nonmobile, power-operated |
27 | hoisting machine used in construction, maintenance, demolition, |
28 | or excavation work that has a power-operated winch, load-line, |
29 | and boom moving laterally. A tower crane is a temporary |
30 | structure and is not subject to building codes or other |
31 | provisions of law, rule, or ordinance applicable to permanent |
32 | structures. |
33 | (b) "Tower crane operator" means a person engaged in |
34 | operating a tower crane. |
35 | (2) CERTIFICATION OF TOWER CRANES.--A tower crane may be |
36 | operated in this state only if it meets the applicable standards |
37 | of the American National Standards Institute/American Society of |
38 | Mechanical Engineers (ANSI/ASME) or the applicable standards of |
39 | the Power Crane and Shovel Association (PCSA). A tower crane is |
40 | deemed to meet such standards only if it has been certified by |
41 | an organization determined by the department to offer a |
42 | certification program that meets the currently applicable |
43 | ANSI/ASME standards or the accreditation requirements of the |
44 | National Commission for Certifying Agencies. This subsection |
45 | applies to tower cranes installed or erected on or after July 1, |
46 | 2009. |
47 | (3) CERTIFICATION OF TOWER CRANE OPERATORS.--A person may |
48 | operate a tower crane on a construction project only if he or |
49 | she is certified as a crane operator by the National Commission |
50 | for the Certification of Crane Operators or any other |
51 | organization determined by the department to offer an equivalent |
52 | testing and certification program that meets the requirements of |
53 | the ANSI/ASME current applicable standard or the accreditation |
54 | requirements of the National Commission for Certifying Agencies. |
55 | (4) DUTIES OF CONTRACTORS.--A contractor registered or |
56 | certified under this part shall only employ or contract for the |
57 | services of tower crane operators who have met the certification |
58 | requirements of subsection (3). |
59 | (5) PENALTIES.--Any person licensed under this part who |
60 | intentionally violates subsection (2) or subsection (3) is |
61 | subject to discipline pursuant to ss. 455.227 and 489.129. |
62 | (6) OPERATION OF TOWER CRANES BY TRAINEES UNDER |
63 | SUPERVISION.--Notwithstanding the certification requirements of |
64 | this section, a person undergoing training for the purpose of |
65 | qualifying for tower crane operator certification pursuant to |
66 | this section may operate a tower crane if such person is under |
67 | the direct supervision of a tower crane operator who holds a |
68 | current and valid certification to operate the tower crane |
69 | operated by such person. |
70 | (7) RULES.--The department may adopt rules pursuant to ss. |
71 | 120.536(1) and 120.54 necessary to implement this section. |
72 | Section 2. Section 489.1139, Florida Statutes, is created |
73 | to read: |
74 | 489.1139 Preemption.--The regulation of tower cranes and |
75 | tower crane operators is expressly preempted to the state, and |
76 | no county, municipality, or other political subdivision shall |
77 | enact or enforce any ordinance relating to matters within the |
78 | scope of this section and s. 489.1138. |
79 | Section 3. Except as otherwise expressly provided in this |
80 | act, this act shall take effect upon becoming a law. |