1 | Representative Gelber offered the following: |
2 |
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3 | Amendment to Senate Amendment (427394) (with title |
4 | amendment) |
5 | Between lines 968 and 969, insert: |
6 | Section 27. Section 489.1138, Florida Statutes, is created |
7 | to read: |
8 | 489.1138 Certification of tower crane operators.-- |
9 | (1) Definitions.--As used in this section, the term: |
10 | (a) " Tower crane " means a nonmobile, power-operated |
11 | hoisting machine used in construction, maintenance, demolition, |
12 | or excavation work that has a power-operated winch, load-line, |
13 | and boom moving laterally. A tower crane is a temporary |
14 | structure and is not subject to building codes or other |
15 | provision of law, rule, or ordinance applicable to permanent |
16 | structures. |
17 | (b) "Tower crane operator" means a person engaged in |
18 | operating a tower crane. |
19 | (2) CERTIFICATION OF TOWER CRANES.--A tower crane may be |
20 | operated in this state only if the tower crane has been |
21 | certified to meet the America Society of Mechanical Engineers |
22 | standards for construction of tower cranes, ASME B30.3-2004, as |
23 | modified by American Society of Civil Engineers standard ASCE |
24 | 37-02. Certification must be from a certification organization |
25 | that meets the standards of the American National Standards |
26 | Institute, the American Society of Mechanical Engineers, or the |
27 | Accreditation requirements of the National Commission for |
28 | Certifying Agencies. |
29 | (3) CERTIFIATION OF TOWER CRANE OPERATIORS.--A person may |
30 | operate a tower crane on a construction project only if he or |
31 | she is certified as a crane operator by the National Commission |
32 | for the Certification of Crane Operators. |
33 | (4) DUTIES OF CONTRACTORS.--For each construction project |
34 | for which a contractor is responsible under this part, the |
35 | contractor shall produce a list identifying the certified tower |
36 | cranes and certified tower crane operators used on the project |
37 | and identifying the qualified personnel supervising the |
38 | erection, modification, and dismantling of each tower crane used |
39 | on the project. The contractor shall maintain this list for the |
40 | duration of the construction project and shall provide the list |
41 | to the department pursuant to any investigation for a violation |
42 | of this part. |
43 | (5) PENALTIES.--Any person licensed under this part who |
44 | intentionally violates subsection (2) or subsection (3) is |
45 | subject to discipline pursuant to ss. 455.227 and 489.129. |
46 | (6) OPERATION OF TOWER CRANES BY TRAINEES UNDER |
47 | SUPERVISION.--Notwithstanding the certification requirements of |
48 | this section, a person undergoing training for the purpose of |
49 | qualifying for tower crane operator certification pursuant to |
50 | this section may operate a tower crane if such a person is under |
51 | the direct supervision of a tower crane operator who holds a |
52 | current and valid certification to operate the tower crane |
53 | operated by such person. |
54 | Section 28. Section 489.1139, Florida Statutes, is created |
55 | to read: |
56 | 489.1139 Preemption.--Regulation of tower cranes and tower |
57 | crane operators as is expressly preempted to the state and no |
58 | county, municipality, or other political subdivision shall enact |
59 | or enforce any ordinance relating to matters within the scope of |
60 | this section and s. 489.1138. Nothing in this section preempts |
61 | enforcement of an ordinance imposing more stringent wind |
62 | velocity standards by a municipality, county, or political |
63 | subdivision identified in the high-velocity hurricane zone as |
64 | that term is defined in s. 1612 of the Florida Building Code and |
65 | s. R301.2 of the Florida building Code Residential, provided |
66 | such ordinance has been adopted and is in effect on or before |
67 | May 1, 2008. |
68 |
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69 | ----------------------------------------------------- |
70 | T I T L E A M E N D M E N T |
71 | Remove line 1098 and insert: |
72 | report to the Legislature; creating s. 489.1138, F.S.; providing |
73 | definitions; requiring certification of tower cranes and |
74 | operators; providing duties for contractors; providing for |
75 | disciplinary actions; providing an exception; creating s. |
76 | 489.1139, F.S.; preempting regulation of tower cranes and tower |
77 | crane operators to the state; providing an exception; providing |
78 | an effective date. |