| 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 applicable standards; specifying |
| 8 | duties of contractors; providing penalties; authorizing |
| 9 | persons in training for certification to operate tower |
| 10 | cranes under direct supervision of a certified tower crane |
| 11 | operator; creating s. 489.1139, F.S.; preempting the |
| 12 | regulation of tower cranes and tower crane operators to |
| 13 | the state; providing effective dates. |
| 14 |
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| 15 | Be It Enacted by the Legislature of the State of Florida: |
| 16 |
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| 17 | Section 1. Effective July 1, 2009, section 489.1138, |
| 18 | Florida Statutes, is created to read: |
| 19 | 489.1138 Certification of tower cranes and tower crane |
| 20 | operators.-- |
| 21 | (1) DEFINITIONS.--As used in this section: |
| 22 | (a) "Tower crane" means a nonmobile, power-operated |
| 23 | hoisting machine used in construction, maintenance, demolition, |
| 24 | or excavation work that has a power-operated winch, load-line, |
| 25 | and boom moving laterally. A tower crane is a temporary |
| 26 | structure and is not subject to building codes or other |
| 27 | provisions of law, rule, or ordinance applicable to permanent |
| 28 | structures. |
| 29 | (b) "Tower crane operator" means a person engaged in |
| 30 | operating a tower crane. |
| 31 | (2) CERTIFICATION OF TOWER CRANES.--A tower crane may be |
| 32 | operated in this state only if the tower crane has been |
| 33 | certified to meet the American Society of Mechanical Engineers |
| 34 | standards for construction tower cranes, ASME B30.3-2004, as |
| 35 | modified by American Society of Civil Engineers standard ASCE |
| 36 | 37-02. Certification must be from a certification organization |
| 37 | that meets the standards of the American National Standards |
| 38 | Institute/American Society of Mechanical Engineers or the |
| 39 | accreditation requirements of the National Commission for |
| 40 | Certifying Agencies. |
| 41 | (3) CERTIFICATION OF TOWER CRANE OPERATORS.--A person may |
| 42 | operate a tower crane on a construction project only if he or |
| 43 | she is certified as a crane operator by the National Commission |
| 44 | for the Certification of Crane Operators. |
| 45 | (4) DUTIES OF CONTRACTORS.--For each construction project |
| 46 | for which a contractor is responsible under this part, the |
| 47 | contractor shall produce a list identifying the certified tower |
| 48 | cranes and certified tower crane operators used on the project |
| 49 | and identifying the qualified personnel supervising the |
| 50 | erection, modification, and dismantling of each tower crane used |
| 51 | on the project. The contractor shall maintain this list for the |
| 52 | duration of the construction project and shall provide the list |
| 53 | to the department pursuant to any investigation for a violation |
| 54 | of this part. |
| 55 | (5) PENALTIES.--Any person licensed under this part who |
| 56 | intentionally violates subsection (2) or subsection (3) is |
| 57 | subject to discipline pursuant to ss. 455.227 and 489.129. |
| 58 | (6) OPERATION OF TOWER CRANES BY TRAINEES UNDER |
| 59 | SUPERVISION.--Notwithstanding the certification requirements of |
| 60 | this section, a person undergoing training for the purpose of |
| 61 | qualifying for tower crane operator certification pursuant to |
| 62 | this section may operate a tower crane if such person is under |
| 63 | the direct supervision of a tower crane operator who holds a |
| 64 | current and valid certification to operate the tower crane |
| 65 | operated by such person. |
| 66 | Section 2. Section 489.1139, Florida Statutes, is created |
| 67 | to read: |
| 68 | 489.1139 Preemption.--The regulation of tower cranes and |
| 69 | tower crane operators is expressly preempted to the state, and |
| 70 | no county, municipality, or other political subdivision shall |
| 71 | enact or enforce any ordinance relating to matters within the |
| 72 | scope of this section and s. 489.1138. |
| 73 | Section 3. Except as otherwise expressly provided in this |
| 74 | act, this act shall take effect July 1, 2008. |