Florida Senate - 2009 SB 1332
By Senator Jones
13-00874A-09 20091332__
1 A bill to be entitled
2 An act relating to elevator safety; amending s.
3 399.01, F.S.; revising definitions relating to
4 elevator safety; creating s. 399.015, F.S.; providing
5 for applicability and exceptions; amending s. 399.02,
6 F.S.; requiring that the Department of Business and
7 Professional Regulation perform certain functions
8 relating to conveyance inspections and the
9 certification and licensing of elevator professionals
10 and companies; authorizing the department to employ
11 certified elevator inspectors to monitor and oversee
12 licenseholders and certificate of operation holders;
13 authorizing the Division of Hotels and Restaurants of
14 the department to grant requests for variances for
15 undue hardship; providing conditions for granting such
16 variances; requiring that the Elevator Safety
17 Technical Advisory Council review applications for
18 such variances and recommend agency action; requiring
19 that the division expedite emergency requests for
20 variances; requiring that the division adopt rules
21 establishing a variance application process and
22 associated fees; amending s. 399.03, F.S.; revising
23 provisions relating to permits for conveyances;
24 replacing the term “registered” with “certified”;
25 requiring that a permit be revoked if a worksite or
26 work being performed is not directly supervised by a
27 certified elevator professional; creating s. 399.032,
28 F.S.; providing requirements for the installation and
29 alteration of conveyances; requiring that the
30 department assign a license number to each conveyance;
31 providing requirements for the display of such license
32 number; creating s. 399.033, F.S.; providing
33 requirements for the temporary operation of a
34 conveyance during installation or alteration for a
35 specified period after inspection; requiring that the
36 temporary use of a conveyance not exceed 180 days;
37 requiring that the department post a notice in a
38 conveyance that is being temporarily used; requiring
39 that the notice contain certain statements; requiring
40 that the division adopt rules; amending s. 399.035,
41 F.S.; revising provisions relating to the requirements
42 for elevator accessibility for the physically
43 handicapped; providing requirements for buildings
44 issued a construction permit after a specified date;
45 amending s. 399.049, F.S.; revising provisions
46 relating to disciplinary action taken by the
47 department for certain violations by a certified
48 elevator inspector, elevator technician, elevator
49 company, or certificate of operation holder; providing
50 for additional violations; amending s. 399.061, F.S.;
51 revising provisions relating to inspections and
52 service maintenance contracts; requiring that the
53 division perform industry inspections to regulate the
54 quality of annual inspections; authorizing the
55 division to employ state elevator inspectors on a
56 probationary status if certain qualifications are met;
57 requiring that the probationary period not exceed 1
58 year; amending s. 399.07, F.S.; decreasing the period
59 that a certificate of operation is valid; authorizing
60 the department to revoke a certificate of operation if
61 the department determines that the inspection report
62 contains omissions or errors; amending s. 399.10,
63 F.S.; providing penalties; amending s. 399.105, F.S.;
64 increasing the period in which an owner of a
65 conveyance must comply with an order to correct;
66 amending s. 399.1061, F.S.; providing for members of
67 the Elevator Safety Technical Advisory Council to
68 appoint a vice chair from among its membership;
69 requiring that the council meet at least once annually
70 and upon the division's request or a majority vote of
71 the council members; requiring that the council
72 develop and submit proposed revisions of ch. 399,
73 F.S., to the director of the Division of Hotels and
74 Restaurants; requiring that the council annually
75 review the Safety Code for Elevators and Escalators
76 and submit recommendations for revisions to the
77 Florida Building Code to the Florida Building
78 Commission; amending s. 399.11, F.S.; revising
79 provisions relating to penalties; amending s. 399.125,
80 F.S.; revising provisions relating to the reporting
81 requirements for certain conveyance accidents;
82 requiring that a state elevator inspector conduct a
83 safety inspection within a specified period after
84 receiving an accident report; requiring that the
85 division submit an annual report that analyzes
86 accidents to the Governor and the Legislature by a
87 specified date; amending s. 399.13, F.S.; revising
88 provisions relating to the authority of municipalities
89 or counties to issue construction, installation, and
90 alteration permits and certificates of operation and
91 to inspect conveyances; authorizing municipalities and
92 counties to issue temporary operating permits;
93 amending s. 399.15, F.S.; requiring that the
94 department maintain a regional emergency elevator
95 access registry; creating s. 399.16, F.S.; providing
96 requirements for the issuance of certificates of
97 competency, certified elevator professional licensure,
98 and elevator company certification; providing
99 requirements for the renewal of such certificates and
100 fees; requiring that the department adopt rules;
101 requiring that the fees collected from certifications,
102 licenses, and renewals be deposited into the Hotel and
103 Restaurant Trust Fund; creating s. 399.17, F.S.;
104 providing penalties for unlicensed activity;
105 authorizing the department to issue a stop-work order
106 for unlicensed work upon a finding of probable cause;
107 authorizing a state elevator inspector to issue a
108 citation for unlicensed activity; requiring that the
109 citation contain certain information; authorizing the
110 division to issue citations and establish procedures
111 and penalties; providing for administrative hearings;
112 creating s. 399.18, F.S.; providing duties and
113 requirements for certified elevator professionals;
114 creating s. 399.19, F.S.; providing duties and
115 requirements for owners of conveyances; creating s.
116 399.20, F.S.; requiring that certain municipal and
117 county officers assist the division or its agents in
118 enforcing ch. 399, F.S.; amending s. 553.509, F.S.;
119 deleting provisions related to vertical accessibility
120 to conform to changes made by the act; providing an
121 effective date.
122
123 Be It Enacted by the Legislature of the State of Florida:
124
125 Section 1. Section 399.01, Florida Statutes, is amended to
126 read:
127 399.01 Definitions.—As used in this chapter, the term:
128 (1) “Alteration” means any change or addition to the
129 vertical conveyance other than maintenance, repair, or
130 replacement.
131 (2) “Certificate of competency” means a credential issued
132 by the division to any natural person who is qualified to
133 perform the work of a certified elevator technician or certified
134 elevator inspector.
135 (3)(2) “Certificate of operation” means a document issued
136 by the department which indicates that the conveyance has had
137 the required safety inspection and tests, that the conveyance is
138 licensed to operate, and that the appropriate fees have been
139 paid as provided in this chapter.
140 (4) “Certified elevator company” means a business entity
141 registered with and authorized by the division which employs
142 certified elevator professionals to construct, install, inspect,
143 maintain, or repair any conveyance.
144 (5) “Certified elevator inspector” means a natural person
145 who is licensed by the division and qualified to construct,
146 install, inspect, maintain, or repair any conveyance.
147 (6) “Certified elevator professional” means a natural
148 person who is qualified to perform the duties of a certified
149 elevator technician or certified elevator inspector and
150 maintains a certificate of competency or a license issued by the
151 department.
152 (7) “Certified elevator technician” means a natural person
153 who is licensed by the division and qualified to construct,
154 install, maintain, or repair any conveyance.
155 (8)(3) “Conveyance” means one of the following mechanical
156 devices:
157 (a) An elevator, which is a hoisting and lowering
158 mechanism, is equipped with a car and platform that moves in
159 guide rails, and serves two or more landings to transport
160 material or passengers or both.
161 (b) An escalator, which is a power-driven, inclined
162 continuous stairway that is used for raising or lowering
163 passengers.
164 (c) A dumbwaiter, which is a hoisting and lowering
165 mechanism, is equipped with a car of limited size, moves in
166 guide rails, and serves two or more landings.
167 (d) A moving walk that is a type of passenger-carrying
168 device on which passengers stand or walk and in which the
169 passenger-carrying surface remains parallel to its direction of
170 motion and is uninterrupted.
171 (e) An inclined stairway chairlift that is used to
172 transport physically handicapped persons over architectural
173 barriers.
174 (f) An inclined or vertical wheelchair lift that is used to
175 transport wheelchair-bound handicapped persons over
176 architectural barriers. an elevator, dumbwaiter, escalator,
177 moving sidewalk, platform lift, or stairway chairlift.
178 (9)(4) “Department” means the Department of Business and
179 Professional Regulation.
180 (10) “Direct supervision” means that a certified elevator
181 professional is within the physical proximity of and personally
182 supervising an elevator helper, enabling timely observation and
183 evaluation of the work being performed, and ensuring that the
184 work is completed in accordance with the Florida Building Code,
185 this chapter, and the rules adopted by the division.
186 (11)(5) “Division” means the Division of Hotels and
187 Restaurants of the Department of Business and Professional
188 Regulation.
189 (6) “Elevator” means one of the following mechanical
190 devices:
191 (a) A hoisting and lowering mechanism, equipped with a car
192 and platform that moves in guide rails and serves two or more
193 landings to transport material or passengers or both.
194 (b) An escalator, which is a power-driven, inclined
195 continuous stairway used for raising or lowering passengers.
196 (c) A dumbwaiter, which is a hoisting and lowering
197 mechanism equipped with a car of limited size which moves in
198 guide rails and serves two or more landings.
199 (d) A moving walk, which is a type of passenger-carrying
200 device on which passengers stand or walk and in which the
201 passenger-carrying surface remains parallel to its direction of
202 motion and is uninterrupted.
203 (e) An inclined stairway chairlift, which is a device used
204 to transport physically handicapped persons over architectural
205 barriers.
206 (f) An inclined or vertical wheelchair lift, which is a
207 device used to transport wheelchair handicapped persons over
208 architectural barriers.
209 (7) “Existing installation” means an installation defined
210 as an “installation, existing” in the Florida Building Code.
211 (12) “Elevator helper” means a natural person who is not
212 licensed or certified by the division and who performs work to
213 construct, install, maintain, or repair any conveyance under the
214 direct supervision of a certified elevator professional.
215 (13)(8) “Elevator Safety Technical Advisory Council
216 Committee” means the council committee appointed by the
217 Secretary of the Department of Business and Professional
218 Regulation.
219 (14) “Existing installation” means the installation of a
220 conveyance that has completed all construction permit
221 requirements, that is not in temporary use, and that has been
222 issued a certificate of operation by the division.
223 (15) “Inspection” means the physical examination of a
224 conveyance for compliance with the Elevator Safety Code, as
225 specified by state law, which is performed by a certified
226 elevator inspector in accordance with this chapter and the rules
227 adopted by the division.
228 (16) “Inspection report” means a record containing the
229 results of an inspection which is completed on a form prescribed
230 by rule.
231 (17) “New installation” means a conveyance that is under
232 construction until a final acceptance inspection is
233 satisfactorily completed and the conveyance is turned over to
234 the owner for public use.
235 (18) “Owner” means the person who is legally and
236 financially responsible for the installation, alteration,
237 repair, replacement, or maintenance of a certificate of
238 operation and the safe operation of the conveyance.
239 (19) “Private elevator inspector” means a certified
240 elevator inspector who is self-employed, employed by a certified
241 elevator company, or employed by a private business entity.
242 (20)(9) “Private residence” means a separate dwelling or a
243 separate apartment in a multiple dwelling which is occupied by
244 members of a single-family unit.
245 (21) “Sealed conveyance” means a conveyance that has been
246 removed from public use by a state elevator inspector in a
247 manner prescribed by rule.
248 (22)(10) “Service maintenance contract” means a contract
249 that provides for routine examination, lubrication, cleaning,
250 adjustment, replacement of parts, and performance of applicable
251 code-required safety tests such as on a traction elevator and
252 annual relief pressure test on a hydraulic elevator and any
253 other service, repair, and maintenance sufficient to ensure the
254 safe operation of the elevator. A service maintenance contract
255 shall be made available upon request of the department for
256 purposes of oversight and monitoring.
257 (23) “State elevator inspector” means a certified elevator
258 inspector who is employed by the department or other
259 governmental entity for the purpose of conducting conveyance
260 inspections and compliance activities on behalf of the
261 department.
262 (11) “Temporarily dormant conveyance” means a conveyance
263 whose power supply has been disconnected by removing fuses and
264 placing a padlock on the mainline disconnect switch in the “OFF”
265 position. The car is parked, and the hoistway doors are in the
266 closed and latched position. A wire seal is installed on the
267 mainline disconnect switch by a certified elevator inspector.
268 This conveyance may not be used again until it has been put in
269 safe running order and is in condition for use. Annual
270 inspections shall continue for the duration of the temporarily
271 dormant status by a certified elevator inspector. The
272 temporarily dormant status is renewable on an annual basis and
273 may not exceed a 5-year period. The inspector shall file a
274 report with the department describing the current conditions.
275 The wire seal and padlock may not be removed for any purpose
276 without permission from the department.
277 (24)(12) “Temporary operation inspection” means an
278 inspection performed by a certified elevator inspector, the
279 successful passage of which permits the temporary use of a
280 noncompliant vertical conveyance for construction purposes as
281 provided by rule.
282 (13) “Registered elevator company” means an entity
283 registered with and authorized by the division employing persons
284 to construct, install, inspect, maintain, or repair any vertical
285 conveyance. Each registered elevator company must annually
286 register with the division and maintain general liability
287 insurance coverage in the minimum amounts set by rule.
288 (14) “Certified elevator inspector” is a natural person
289 registered with and authorized by the division to construct,
290 install, inspect, maintain, or repair any vertical conveyance,
291 after having properly acquired the qualified elevator inspector
292 credential as prescribed by the American Society of Mechanical
293 Engineers. Each certified elevator inspector must annually
294 register with the division and provide proof of completion of 8
295 hours of continuing education, proof that the qualified elevator
296 inspector credential remains in good standing, and proof of
297 general liability insurance coverage in the minimum amounts set
298 by the division.
299 (15) “Certified elevator technician” means a natural person
300 authorized by the division to construct, install, maintain, or
301 repair any vertical conveyance, after having been issued an
302 elevator certificate of competency by the division. Each
303 certified elevator technician must annually register with the
304 division and be covered by general liability insurance coverage
305 in the minimum amounts set by the division.
306 (16) “Elevator helper” means a natural person performing
307 work under the direct supervision of an elevator certificate of
308 competency holder to construct, install, maintain, or repair any
309 vertical conveyance.
310 (17) “Elevator certificate of competency” means a
311 credential issued by the division to any individual natural
312 person successfully completing an examination as prescribed by
313 rule and paying a nonrefundable fee of $50. Such credential
314 shall be valid for and expire at the end of 1 year, and may be
315 renewed by the division when the division receives proof of the
316 elevator certificate of competency holder's completion of 8
317 hours of continuing education from a provider approved by the
318 department and a nonrefundable renewal fee of $50. The
319 department shall adopt by rule criteria for providing approval
320 and procedures for continuing education reporting.
321 (a) An elevator certificate of competency may be issued
322 only if the applicant meets the following requirements:
323 1. Four years' work experience in the construction,
324 maintenance, service, and repair of conveyances covered by this
325 chapter. This experience shall be verified by current or
326 previously registered elevator companies as required by the
327 division.
328 2. One of the following:
329 a. Proof of completion and successful passage of a written
330 examination administered by the division or a provider approved
331 by the division under standards it adopted by rule.
332 b. Proof of completion of an apprenticeship program for
333 elevator mechanics which has standards substantially equivalent
334 to those found in a national training program for elevator
335 mechanics and is registered with the Bureau of Apprenticeship
336 and Training of the United States Department of Labor or a state
337 apprenticeship authority.
338 c. Proof of licensure or certification by a state or local
339 jurisdiction in the United States having standards substantially
340 equal to or more stringent than those of this chapter.
341 (b) A licensed mechanical engineer whose license is in good
342 standing may be granted an elevator certificate of competency.
343 All other building transportation terms are defined in the
344 current Florida Building Code.
345 Section 2. Section 399.015, Florida Statutes, is created to
346 read:
347 399.015 Application.—
348 (1) This chapter applies to the design, construction,
349 operation, inspection, testing, maintenance, alteration, and
350 repair of the following equipment and its associated parts and
351 hoistways:
352 (a) Hoisting and lowering mechanisms equipped with a car or
353 platform that moves between two or more landings, including, but
354 not limited to, elevators, platform lifts, and stairway
355 chairlifts.
356 (b) Power-driven stairways and walkways for carrying
357 persons between landings, including, but not limited to,
358 escalators and moving walks.
359 (c) Hoisting and lowering mechanisms equipped with a car
360 that serves two or more landings and is restricted to the
361 carrying of material by its limited size or limited access to
362 the car, including, but not limited to, dumbwaiters, material
363 lifts, and dumbwaiters having automatic-transfer devices.
364 (2) This chapter does not apply to:
365 (a) Personnel hoists within the scope of ANSI A10.4 and
366 material hoists within the scope of ANSI A10.5.
367 (b) Man lifts within the scope of ASME A90.1.
368 (c) Mobile scaffolds, mobile towers, and platforms within
369 the scope of ANSI/SIA A92.
370 (d) Powered platforms and equipment for exterior and
371 interior maintenance within the scope of ASME A120.1.
372 (e) Conveyors and related equipment within the scope of
373 ASME B20.1.
374 (f) Cranes, derricks, hoists, hooks, jacks, and slings
375 within the scope of ASME B30.
376 (g) Industrial trucks within the scope of ASME B56.
377 (h) Portable equipment, except for portable escalators,
378 which are covered by ASME A17.1.
379 (i) Tiered or piling machines that are used to move
380 materials to and from storage and that are located and operating
381 entirely within one story.
382 (j) Equipment for feeding or positioning materials at
383 machine tools and printing presses or other similar machinery.
384 (k) Skip or furnace hoists.
385 (l) Wharf ramps.
386 (m) Railroad car lifts or dumpers.
387 (n) Line jacks, false cars, shafters, moving platforms, and
388 similar equipment used for installing an elevator.
389 (o) Automated people movers at airports.
390 (p) Elevators in television and radio towers.
391 (q) Hand-operated dumbwaiters.
392 (r) Sewage pump station lifts.
393 (s) Automobile parking lifts.
394 (t) Equipment covered in s. 1.1.2 of ASME A17.1, as adopted
395 by the Florida Building Code.
396 (u) Elevators, inclined stairway chairlifts, and inclined
397 or vertical wheelchair lifts located in private residences.
398 (v) Platform elevators installed in a ship or offshore
399 drilling rig and used for the purpose of loading and unloading
400 cargo, equipment, and personnel.
401 (w) Dock levelers or freight platform lifts having a travel
402 distance of 500 millimeters, or 20 inches, or less.
403 (x) Amusement devices, stage and orchestra lifts, and lift
404 bridges and other lifting devices regulated by another agency.
405 Section 3. Section 399.02, Florida Statutes, is amended to
406 read:
407 399.02 General requirements.—
408 (1) The department shall:
409 (a) Monitor and oversee conveyance inspections for quality
410 assurance;
411 (b) Regulate conveyances, certified elevator professionals,
412 and certified elevator companies; and
413 (c) Enforce the Florida Building Code.
414 (2) In order to perform its duties and responsibilities
415 under this section, the division may enter and have reasonable
416 access to all buildings and rooms or spaces in which an existing
417 or newly installed conveyance and equipment are located.
418 (1) The Elevator Safety Technical Advisory Committee shall
419 develop and submit to the Director of Hotels and Restaurants
420 proposed revisions to the elevator safety code so that it is the
421 same as or similar to the latest editions of ASME A17.1, ASME
422 A17.3, and ASME A18.1.
423 (2) This chapter covers the design, construction,
424 operation, inspection, testing, maintenance, alteration, and
425 repair of the following equipment and its associated parts and
426 hoistways:
427 (a) Hoisting and lowering mechanisms equipped with a car or
428 platform which move between two or more landings. This equipment
429 includes, but is not limited to, elevators, platform lifts, and
430 stairway chairlifts.
431 (b) Power-driven stairways and walkways for carrying
432 persons between landings. This equipment includes, but is not
433 limited to, escalators and moving walks.
434 (c) Hoisting and lowering mechanisms equipped with a car
435 which serves two or more landings and is restricted to the
436 carrying of material by its limited size or limited access to
437 the car. This equipment includes, but is not limited to,
438 dumbwaiters, material lifts, and dumbwaiters with automatic
439 transfer devices.
440 (3) Equipment not covered by this chapter includes, but is
441 not limited to:
442 (a) Personnel hoists and material hoists within the scope
443 of ASME A10, as adopted by the Florida Building Code.
444 (b) Man lifts within the scope of ASME A90.1, as adopted by
445 the Florida Building Code.
446 (c) Mobile scaffolds, towers, and platforms within the
447 scope of ANSI A92, as adopted by the Florida Building Code.
448 (d) Powered platforms and equipment for exterior and
449 interior maintenance within the scope of ASME A120.1, as adopted
450 by the Florida Building Code.
451 (e) Conveyors and related equipment within the scope of
452 ASME B20.1, as adopted by the Florida Building Code.
453 (f) Cranes, derricks, hoists, hooks, jacks, and slings
454 within the scope of ASME B30, as adopted by the Florida Building
455 Code.
456 (g) Industrial trucks within the scope of ASME B56, as
457 adopted by the Florida Building Code.
458 (h) Portable equipment, except for portable escalators that
459 are covered by the Florida Building Code.
460 (i) Tiered or piling machines used to move materials to and
461 from storage located and operating entirely within one story.
462 (j) Equipment for feeding or positioning materials at
463 machine tools and printing presses.
464 (k) Skip or furnace hoists.
465 (l) Wharf ramps.
466 (m) Railroad car lifts or dumpers.
467 (n) Line jacks, false cars, shafters, moving platforms, and
468 similar equipment used for installing an elevator by a
469 contractor licensed in this state.
470 (o) Automated people movers at airports.
471 (p) Elevators in television and radio towers.
472 (q) Hand-operated dumbwaiters.
473 (r) Sewage pump station lifts.
474 (s) Automobile parking lifts.
475 (t) Equipment covered in s. 1.2 of the Elevator Safety
476 Code.
477 (u) Elevators, inclined stairway chairlifts, and inclined
478 or vertical wheelchair lifts located in private residences.
479 (4) Each elevator shall have a serial number assigned by
480 the department painted on or attached to the elevator car in
481 plain view and also to the driving mechanism. This serial number
482 shall be shown on all required certificates and permits.
483 (5)(a) The construction permitholder is responsible for the
484 correction of violations and deficiencies until the elevator has
485 been inspected and a certificate of operation has been issued by
486 the department. The construction permitholder is responsible for
487 all tests of new and altered equipment until the elevator has
488 been inspected and a certificate of operation has been issued by
489 the department.
490 (b) The elevator owner is responsible for the safe
491 operation, proper maintenance, and inspection and correction of
492 code deficiencies of the elevator after a certificate of
493 operation has been issued by the department. The
494 responsibilities of the elevator owner may be assigned by lease.
495 (6) The department is empowered to carry out all of the
496 provisions of this chapter relating to the inspection and
497 regulation of elevators and to enforce the provisions of the
498 Florida Building Code.
499 (3) The department may employ certified elevator inspectors
500 to monitor and oversee any licenseholder or certificate of
501 operation holder.
502 (7) The Elevator Safety Technical Advisory Committee shall
503 annually review the provisions of the Safety Code for Elevators
504 and Escalators ASME A17.1, ASME A18.1, or other related model
505 codes and amendments thereto, concurrent with the update of the
506 Florida Building Code and recommend to the Florida Building
507 Commission revisions to the Florida Building Code to maintain
508 the protection of the public health, safety, and welfare.
509 (4)(a) The division may grant requests for variances for
510 undue hardship which may be less restrictive than this section
511 or the rules adopted by the division under this section. The
512 division may not grant a request for a variance unless it finds
513 that:
514 1. The variance will not adversely affect the safety of the
515 public;
516 2. A reasonable alternative to the required construction
517 does not exist; and
518 3. The owner did not intentionally cause the hardship.
519 (b) The Elevator Safety Technical Advisory Council shall
520 review requests for variances and recommend agency action;
521 however, variance requests for a type of hardship which were
522 previously reviewed by the Elevator Safety Technical Advisory
523 Council and for which precedent exists shall be reviewed and
524 acted upon by the division. The division shall expedite
525 emergency requests for variances to ensure that such requests
526 are acted upon within 30 days after receiving the request.
527 (5) The division shall adopt rules to administer and
528 implement this section. The rules must include, but are not
529 limited to, the process for requests for variances and
530 associated fees. The fee may not exceed $150 for routine
531 variance requests and $300 for emergency variance requests.
532 Section 4. Section 399.03, Florida Statutes, is amended to
533 read:
534 399.03 Permits Design, installation, and alteration of
535 conveyances.—
536 (1) A conveyance covered by this chapter may not be
537 erected, constructed, installed, or altered within buildings or
538 structures until a permit has been obtained from the department.
539 Permits must be applied for by a certified registered elevator
540 company and may only be granted only upon receipt and approval
541 of an application to be made on a form prescribed by the
542 department, accompanied by proper fees and a sworn statement
543 from a certified elevator professional acting as an agent of the
544 certified registered elevator company that the plans meet all
545 applicable elevator safety and building codes. Permits may be
546 granted only to certified registered elevator companies in good
547 standing. When any material alteration is made, the alteration
548 must conform to applicable requirements of the Florida Building
549 Code and the provisions of this chapter. A copy of the permit
550 must be displayed and plans must be kept at the construction
551 site at all times while the work is in progress and until a
552 certificate of operation is issued. A permit is shall not be
553 required for the construction or repair of elevators for the
554 purpose of complying in seeking to attain compliance with
555 regional emergency elevator access requirements. Elevator owners
556 shall forward to the department, in an electronic format
557 approved by the department, an emergency access notification
558 that compliance measures are either not required or are being
559 implemented. The emergency access notification must also contain
560 specific compliance information, including the current
561 compliance status, specific measures required to attain
562 compliance, and certification by a state-certified inspector.
563 Fees may not be assessed for the filing of the emergency access
564 notification. The department shall maintain an emergency
565 elevator access registry that is available to the State Fire
566 Marshal of the Department of Financial Services for enforcement
567 purposes.
568 (2) The Department of Business and Professional Regulation
569 shall adopt rules to administer this section.
570 (3)(2) The department shall adopt rules establishing
571 provide by rule for permit application requirements and permit
572 fees.
573 (4)(3) Permits may be revoked if for the following reasons:
574 (a) There are any false statements or misrepresentations as
575 to the material facts in the application, plans, or
576 specifications on which the permit was based.
577 (b) The permit was issued in error and not in accordance
578 with the code or rules.
579 (c) The work detailed under the permit is not being
580 performed in accordance with the provisions of the application,
581 plans, or specifications or with the code or conditions of the
582 permit.
583 (d) The certified elevator company construction
584 permitholder to whom the permit was issued fails or refuses to
585 comply with a stop-work order.
586 (e) The worksite or the work being performed is not
587 supervised by a certified elevator professional.
588 (5)(4) A permit expires if:
589 (a) The work authorized by the permit is not commenced
590 within 6 months after the date of issuance, or within a shorter
591 period of time as the department may specify at the time the
592 permit is issued.
593 (b) The work is suspended or abandoned for a period of 60
594 days, or such shorter period of time as the department may
595 specify at the time the permit is issued, after the work has
596 been started. For good cause, the department may allow a
597 discretionary extension for the foregoing period.
598 (5) All new conveyance installations must be performed by a
599 registered elevator company. Before any vertical conveyance is
600 used, except those in a private residence, it must be inspected
601 by a certified elevator inspector not employed, associated, or
602 having a conflict of interest with the elevator construction
603 permitholder or elevator owner and certified as meeting the
604 safety provisions of the Florida Building Code, including the
605 performance of all required safety tests. The certified elevator
606 inspector shall provide the original copy of the inspection
607 report to the department within 5 days after the inspection. A
608 certificate of operation may not be issued until the
609 permitholder provides an affidavit signed by the construction
610 supervisor attesting that the supervisor directly supervised the
611 construction or installation of the elevator. Vertical
612 conveyances, including stairway chairlifts, and inclined or
613 vertical wheelchair lifts located in private residences are not
614 required to obtain a certificate of operation under this
615 chapter.
616 (6) At the department's request, and to facilitate
617 oversight and monitoring, the permitholder shall notify the
618 department of the scheduled final inspection date and time for
619 purposes of acquiring a certificate of inspection.
620 (7) Each elevator shall comply with the edition of the
621 Florida Building Code or Elevator Safety Code that was in effect
622 at the time of receipt of application for the construction
623 permit for the elevator.
624 (8) Each alteration to, or relocation of, an elevator shall
625 comply with the edition of the Florida Building Code or Elevator
626 Safety Code that was in effect at the time of receipt of the
627 application for the construction permit for the alteration or
628 relocation.
629 (9) When any change is made in the classification of an
630 elevator, the elevator shall comply with all of the requirements
631 of the version of the Florida Building Code or Elevator Safety
632 Code that were in effect at the time of receipt of the
633 application for the construction permit for the change in
634 classification.
635 (10)(a) The temporary use of an elevator during
636 installation or alteration is authorized for a period of 30 days
637 after the completion of a satisfactory temporary operation
638 inspection. An additional 30-day period of temporary use is
639 authorized from the date of completion of each additional
640 satisfactory temporary operation inspection. A satisfactory
641 temporary operation inspection must satisfy the following
642 criteria: the elevator is tested under contract load; the
643 hoistway is fully enclosed; the hoistway doors and interlocks
644 are installed; the car is completely enclosed, including door or
645 gate and top; all electrical safety devices are installed and
646 properly functioning; and terminal stopping equipment is in
647 place for a safe runby and proper clearance. When a car is
648 provided with a temporary enclosure, the operating means must be
649 by constant pressure push-button or lever-type switch. The car
650 may not exceed the minimum safe operating speed of the elevator,
651 and the governor tripping speed must be set in accordance with
652 the operating speed of the elevator.
653 (b) Temporary use is authorized only when a satisfactory
654 temporary operation inspection report, completed within the last
655 30 days, by a certified elevator inspector, and a notice
656 prescribed by the department, bearing a statement that the
657 elevator has not been finally approved by a certified elevator
658 inspector, are conspicuously posted in the elevator.
659 Section 5. Section 399.032, Florida Statutes, is created to
660 read:
661 399.032 Installation and alteration of conveyances; initial
662 certificate of operation.—
663 (1) The department shall assign a license number to each
664 conveyance, which must be painted on the frame, attached to the
665 conveyance car in plain view, or attached to the driving
666 mechanism. The license number must appear on all required
667 certificates and permits.
668 (2) Each new installation shall comply with the edition of
669 the Florida Building Code or Elevator Safety Code which was in
670 effect during the time that the application for the permit to
671 install was received.
672 (3) Each conveyance alteration shall comply with the
673 edition of the Florida Building Code or Elevator Safety Code
674 which was in effect during the time that the application for the
675 permit to alter was received.
676 (4) If the classification of a conveyance is changed, the
677 conveyance shall comply with the applicable requirements in the
678 edition of the Florida Building Code or Elevator Safety Code
679 which were in effect during the time that the application for
680 the construction permit for the change in classification was
681 received.
682 (5) If any material alteration is made, the alteration must
683 conform to the applicable requirements in the Florida Building
684 Code and this chapter.
685 (6) The certified elevator company that is issued a
686 construction or alteration permit shall install or alter the
687 conveyance for which the permit was issued. All new conveyance
688 installations or alterations on existing conveyances must be
689 performed by a certified elevator professional employed by a
690 certified elevator company. The certified elevator company may
691 assign an elevator helper employed by the same certified
692 elevator company to assist the certified elevator professional
693 in his or her duties and for training purposes.
694 (7) Before any conveyance is used, except a conveyance in a
695 private residence, it must be inspected by a certified elevator
696 inspector who is not employed by or associated with, or does not
697 have any conflict of interest with, the construction
698 permitholder or owner, and it must be certified as meeting the
699 safety provisions of the Florida Building Code, including the
700 performance of all required safety tests.
701 (8) A certificate of operation may not be issued until the
702 permitholder provides an affidavit signed by the construction
703 supervisor attesting that the supervisor directly supervised the
704 construction or installation of the conveyance.
705 (9) At the department's request, the permitholder shall
706 notify the department of the scheduled final inspection date and
707 time for the purpose of acquiring a certificate of operation.
708 (10) A certified elevator inspector shall perform initial
709 or acceptance inspections for satisfactory compliance with the
710 minimum code requirements before the conveyance is turned over
711 to the owner for use by the general public. A satisfactory
712 inspection is eligible for a certificate of operation to be
713 issued by the department.
714 (11) The certified elevator company that is issued a
715 construction or alteration permit shall correct violations and
716 deficiencies and shall test new and altered equipment until the
717 conveyance has been inspected and a certificate of operation has
718 been issued by the department.
719 Section 6. Section 399.033, Florida Statutes, is created to
720 read:
721 399.033 Temporary operation.—
722 (1) A conveyance may be temporarily used during
723 installation or alteration for a period of 90 days after a
724 satisfactory inspection is completed by a certified elevator
725 inspector for such purpose as prescribed by rule by the
726 division.
727 (2) A conveyance may be temporarily used for an additional
728 30-day period following the date that each additional
729 satisfactory inspection is completed by a certified elevator
730 inspector for such purpose as prescribed by rule by the
731 division.
732 (3) The temporary use of a conveyance may not exceed 180
733 days unless a full-load test is performed in addition to the
734 other inspection requirements relating to temporary operation.
735 (4) The inspector shall post a notice in a conspicuous
736 place within a conveyance that is being temporarily used which
737 states that the conveyance does not meet the requirements of
738 part I or part II of ASME A17.1.
739 (5) The division shall adopt rules to administer this
740 section.
741 Section 7. Section 399.035, Florida Statutes, is amended to
742 read:
743 399.035 Elevator accessibility requirements for the
744 physically handicapped.—
745 (1) Each elevator, the installation of which is begun after
746 October 1, 1990, must be made accessible to physically
747 handicapped persons with the following requirements:
748 (a) In a building having any elevators that do not provide
749 access to every floor level, elevator hallway call buttons on
750 all main levels of ingress and on any floor that is commonly
751 served by more than one group of elevators must be marked with
752 Arabic and braille symbols that indicate floor levels to which
753 access is provided. The symbols must be placed directly above
754 each call button.
755 (b) Each elevator car interior must have a support rail on
756 at least one wall. All support rails must be smooth and have no
757 sharp edges and must not be more than 1 1/2 inches thick or 2
758 1/2 inches in diameter. Support rails must be continuous and a
759 minimum length of 42 inches overall. The inside surface of
760 support rails must be 1 1/2 inches clear of the car wall. The
761 distance from the top of the support rail to the finished car
762 floor must be at least 31 inches and not more than 33 inches.
763 Padded or tufted material or decorative materials such as
764 wallpaper, vinyl, cloth, or the like may not be used on support
765 rails.
766 (c) Each elevator covered by this section must be available
767 to be used at any time to assist the physically handicapped in
768 an emergency evacuation. The requirements in of the latest
769 revision of s. 2.27.3 s. 211 of the American Society of
770 Mechanical Engineers' National Standards Institute standard ASME
771 ANSI A17.1 and the accessibility requirements in the Florida
772 Building Code must be complied with in order to meet the
773 requirements in of this paragraph.
774 (d) Interior surface of car enclosures must be of fire
775 resistive material, and walls must be surfaced with nonabrasive
776 material. All materials exposed to the car interior must conform
777 to the standards of the Elevator Safety Code.
778 (e) A bench or seat may be installed on the rear wall of
779 the elevator car enclosure, if the bench or seat does not
780 protrude beyond the vertical plane of the elevator car enclosure
781 wall when folded into a recess provided for the bench or seat
782 and, when not in use, the bench or seat automatically folds into
783 the recess. The bench or seat must be capable of supporting a
784 live load of at least 250 pounds on any 12-inch by 12-inch area.
785 A padded, tufted, or other decorative material may not be used
786 to cover the bench or seat; nor may the bench or seat encroach
787 on the minimum clear-inside-car dimensions specified in this
788 section.
789 (2)(a) Any existing building that is more than three
790 stories high or in which the vertical distance between the
791 bottom terminal landing and the top terminal landing exceeds 25
792 feet must be constructed to contain at least one passenger
793 elevator that is operational and will accommodate an ambulance
794 stretcher 76 inches long and 24 inches wide in the horizontal
795 position.
796 (b) Any building that is issued a construction permit after
797 June 30, 2009, and that is more than three stories high, or in
798 which the vertical distance between the bottom terminal landing
799 and the top terminal landing exceeds 25 feet, must be
800 constructed to contain at least one passenger elevator that is
801 operational and will accommodate an ambulance stretcher 84
802 inches long and 24 inches wide in the horizontal position.
803 (3) This section applies only to elevators available for
804 the transportation of the public. This section does not apply to
805 elevators restricted by key or similar device to a limited
806 number of persons in a building that has an elevator that
807 otherwise meets the requirements of this section or to elevators
808 used only for the transportation of freight. However, elevators
809 that are used as freight and passenger elevators for the public
810 and employees must comply with this section. This section does
811 not apply to dumbwaiters or escalators.
812 (4) This section supersedes all other state laws and
813 regulations and local ordinances and rules affecting the
814 accessibility of passenger elevators to the physically
815 handicapped, and the standards established by this section may
816 not be modified by municipal or county ordinance.
817 Section 8. Section 399.049, Florida Statutes, is amended to
818 read:
819 399.049 Disciplinary action.—
820 (1) The department may suspend or revoke a certified
821 elevator inspector license, a certified elevator technician
822 license an elevator inspector certification, an elevator company
823 certification registration, a an elevator certificate of
824 competency, or a an elevator certificate of operation issued
825 under this chapter or impose an administrative penalty of up to
826 $1,000 per violation upon any certified elevator inspector,
827 certified elevator technician, certified registered elevator
828 company, or certificate of operation holder certificateholder
829 who commits any one or more of the following violations:
830 (a) Any false statement as to a material matter in an
831 application for registration, certification, or any permit,
832 license, or certificate issued under this chapter.
833 (b) Fraud, negligence, misconduct, misrepresentation, or
834 bribery in the practice of the profession.
835 (c) Failure by a certified elevator inspector to provide
836 the department and the certificate of operation holder with a
837 copy of the inspection report within 5 days after the date of
838 any inspection performed after the initial certificate of
839 operation is issued.
840 (d) Failure to obtain a permit to alter or a permit to
841 install a conveyance before commencing any work on the
842 installation of any equipment.
843 (e) Failure to obtain annual inspections in a timely manner
844 as required in s. 399.061.
845 (f) Failure by a certified elevator inspector or certified
846 elevator company to perform a complete inspection on new
847 installations or a complete routine inspection, including
848 applicable Category 1, Category 3, or Category 5 Periodic
849 Testing in accordance with the appropriate edition of ASME
850 A17.1, which results in equipment turnover for public use and
851 errors and omissions of code violations and tests.
852 (g) Failure by a certified elevator inspector or certified
853 elevator company, upon the written request of the department, to
854 provide a written response that explains the inspection
855 procedures and applications of the elevator safety code used by
856 the certified elevator inspector or certified elevator company
857 for preparing an inspection report that has been submitted to
858 the department and found by the department to contain errors and
859 omissions of code violations and tests.
860 (h) Failure to provide agents of the department access to
861 spaces containing conveyance equipment as defined in ASME A17.1,
862 as adopted by the Florida Building Code, or hindering an agent
863 of the department in the proper discharge of his or her duties.
864 (i) Failure to comply with an order requiring the
865 correction of a violation and the reinspection of the elevator
866 which is issued by the division under s. 399.061 within 90 days
867 after the issuance of such order.
868 (j) Failure to comply with a final order issued by the
869 division.
870 (k) Failure by an owner to renew a certificate of
871 operation, to comply with a notice to discontinue use for
872 operating without a valid certificate, or continuing to operate
873 a conveyance after it has been sealed by the department.
874 (l) Failure by a certified elevator company to have a
875 certified elevator inspector perform an inspection pursuant to
876 s. 399.033(1) or (2) on a conveyance in temporary use and to
877 have a satisfactory inspection certificate conspicuously posted
878 in such conveyance.
879 (m) Failure by a certified elevator inspector to comply
880 with a request for information concerning a regulatory
881 monitoring inspection by a state elevator inspector or the
882 department.
883 (n)(d) Violation of any provision in of this chapter.
884 (2) Any disciplinary action taken under this chapter must
885 comply with chapter 120 and any rules adopted thereunder.
886 Section 9. Section 399.061, Florida Statutes, is amended to
887 read:
888 399.061 Inspections; service maintenance contracts;
889 correction of deficiencies.—
890 (1)(a) All elevators or other conveyances subject to this
891 chapter must be annually inspected by a certified elevator
892 inspector or by a municipality or county under contract with the
893 division pursuant to s. 399.13. If the elevator is not an
894 escalator or a dumbwaiter, serves only two adjacent floors, and
895 is covered by a service maintenance contract, an inspection is
896 not required so long as the service contract remains in effect.
897 (b) A statement verifying the existence and performance of
898 each service maintenance contract must be filed at least
899 annually with the division and as prescribed by rule.
900 Cancellation of a service maintenance contract must be reported
901 to the division as prescribed by rule. A service maintenance
902 contract shall be made available upon request by the department.
903 (2) The division shall perform industry inspections to
904 regulate the quality of the annual inspections. The division
905 shall provide the owner with a copy of the inspection report
906 within 5 days after the date of such inspection.
907 (3)(2) The division may employ state elevator inspectors to
908 inspect a conveyance an elevator whenever necessary to ensure
909 its safe operation. The division may also employ state elevator
910 inspectors to conduct any inspections required in by this
911 chapter and may charge a fee for each inspection in an amount
912 sufficient to cover the costs of that inspection, as provided by
913 rule, if when a private certified elevator inspector is not
914 available. Each state elevator inspector shall be properly
915 qualified as a certified elevator inspector; however, the
916 division may employ state elevator inspectors on a probationary
917 status who do not possess a qualified elevator inspector
918 national accreditation and are not yet licensed by the state. A
919 state elevator inspector hired on a probationary status must
920 meet the qualifications of national accreditation standards;
921 must possess elevator industry knowledge, education, and
922 training; and must be supervised by the division to acquire the
923 necessary skills and meet the requirements to become a certified
924 elevator inspector pursuant to this chapter. The probationary
925 period may not exceed 1 year and shall be rescinded if qualified
926 elevator inspector national accreditation and a certified
927 elevator inspector license are not obtained.
928 (4)(3) Whenever the division determines from the results of
929 any inspection that, in the interest of the public safety, a
930 conveyance an elevator is in an unsafe condition, the division
931 may seal the conveyance elevator or order the discontinuance of
932 the use of the conveyance elevator until the division determines
933 by inspection that such conveyance elevator has been
934 satisfactorily repaired or replaced so that the conveyance
935 elevator may be operated in a safe manner.
936 (5)(4) When the division determines that a conveyance an
937 elevator is in violation of this chapter, the rules adopted
938 thereunder, or the Florida Building Code, the division may issue
939 an order to the elevator owner requiring correction of the
940 violation and reinspection of the conveyance elevator evidencing
941 the correction.
942 Section 10. Section 399.07, Florida Statutes, is amended to
943 read:
944 399.07 Certificates of operation; fees.—
945 (1) The certificate of operation is valid for a period not
946 to exceed 12 months 2 years and shall expire at the end of the
947 period unless revoked. The department may adopt rules
948 establishing a procedure for certificate renewal. Certificates
949 of operation may be renewed only for vertical conveyances having
950 a current satisfactory inspection. The owner of a conveyance an
951 elevator operating under with an expired certificate of
952 operation is in violation of this chapter. Certificate of
953 operation renewal applications received by the department after
954 the date of expiration of the last current certificate must be
955 accompanied by a late fee of $50 in addition to the renewal fee
956 and any other fees required by law. The department shall adopt
957 by rule a fee schedule for the renewal of certificates of
958 operation. The fees must be deposited into the Hotel and
959 Restaurant Trust Fund.
960 (2) The certificate of operation must be posted in a
961 conspicuous location on the conveyance elevator and must be
962 framed with a transparent cover.
963 (3) The certificate of operation shall contain the text of
964 s. 823.12, relating to the prohibition against smoking in
965 elevators.
966 (4) In addition to subsection (3), the designation “NO
967 SMOKING” along with the international symbol for no smoking
968 shall be conspicuously displayed within the interior of the
969 elevator in the plain view of the public.
970 (5) Except for temporary use authorized by this chapter,
971 the operation or use of any newly installed, relocated, or
972 altered conveyance elevator is prohibited until the conveyance
973 elevator has passed the tests and inspections required by this
974 chapter and a certificate of operation has been issued.
975 (6) The department may suspend any certificate of operation
976 if it finds that the conveyance elevator is not in compliance
977 with this chapter or the of rules adopted under this chapter.
978 The suspension remains in effect until the department receives
979 satisfactory results of an inspection performed by a certified
980 elevator inspector indicating that the conveyance elevator has
981 been brought into compliance.
982 (7) The department may revoke any certificate of operation
983 if it finds that the inspection report resulting in the issuance
984 contains omissions or errors.
985 Section 11. Section 399.10, Florida Statutes, is amended to
986 read:
987 399.10 Enforcement of law.—
988 (1) It shall be the duty of The department shall to enforce
989 the provisions in of this chapter and. The department shall
990 adopt rules to administer and implement have rulemaking
991 authority to carry out the provisions of this chapter.
992 (2) Any person who obstructs or hinders an agent of the
993 division who is in the proper discharge of his or her duties;
994 who fails, neglects, or refuses to obtain a license or pay the
995 license fee required by law; or who fails or refuses to perform
996 any duty imposed by law or rule commits a misdemeanor of the
997 second degree, punishable as provided in s. 776.082 or s.
998 775.083. Each day the conveyance operates in violation of law or
999 rule is a separate offense. The division may impose
1000 administrative sanctions for violations of this section.
1001 Section 12. Section 399.105, Florida Statutes, is amended
1002 to read:
1003 399.105 Administrative fines.—
1004 (1) Any person who fails to comply with the reporting
1005 requirements in of this chapter or with the reasonable requests
1006 of the department to determine whether the provisions of a
1007 service maintenance contract and its implementation ensure safe
1008 conveyance elevator operation is subject to an administrative
1009 fine not greater than $1,000 in addition to any other penalty
1010 provided by law.
1011 (2) Any person who commences the operation, installation,
1012 relocation, or alteration of any conveyance elevator for which a
1013 permit or certificate is required by this chapter without having
1014 obtained from the department the permit or certificate is
1015 subject to an administrative fine not greater than $1,000 in
1016 addition to any other penalty provided by law.
1017 (3) An elevator owner who continues to operate a conveyance
1018 an elevator after notice to discontinue its use or after it has
1019 been sealed by the department is subject to an administrative
1020 fine not greater than $1,000 for each day the conveyance
1021 elevator has been operated after the service of the notice or
1022 sealing by the department, in addition to any other penalty
1023 provided by law.
1024 (4) An elevator owner who fails to comply with an order to
1025 correct issued under s. 399.061(5) s. 399.061(4) within 90 30
1026 days after its issuance is subject, in addition to any other
1027 penalty provided by law, to an administrative fine in an amount
1028 not to exceed $1,000.
1029 (5) All administrative fines collected shall be deposited
1030 into the Hotel and Restaurant Trust Fund.
1031 Section 13. Section 399.1061, Florida Statutes, is amended
1032 to read:
1033 399.1061 Elevator Safety Technical Advisory Council.—
1034 (1) The Elevator Safety Technical Advisory Council is
1035 created within the division and shall consist of eight members
1036 appointed by the secretary of the department as follows who meet
1037 the following criteria:
1038 (a) One representative from a major elevator manufacturing
1039 company or its authorized representative;
1040 (b) One representative from an elevator servicing company;
1041 (c) One representative from a building design profession;
1042 (d) One representative of the general public;
1043 (e) One representative of a local government in this state;
1044 (f) One representative of a building owner or manager;
1045 (g) One representative of labor involved in the
1046 installation, maintenance, and repair of conveyances elevators;
1047 and
1048 (h) One representative who is a certified elevator
1049 inspector from a private inspection service.
1050 The council shall provide technical assistance to the division
1051 in support of protecting the health, safety, and welfare of the
1052 public and shall give the division the benefit of the council
1053 members' knowledge and experience concerning the industries and
1054 individual businesses affected by the laws and rules
1055 administered by the division.
1056 (2)(a) The council members shall serve 4-year terms, except
1057 that, to provide for staggered terms, four of the initial
1058 appointees, as specified by rule, shall serve 2-year terms. All
1059 subsequent appointments shall be for 4-year terms. The council
1060 shall appoint one of the members to serve as chair and one of
1061 the members to serve as vice chair.
1062 (b) The council members shall serve without compensation,
1063 except that the members may be reimbursed for per diem and
1064 travel expenses as provided in s. 112.061.
1065 (3) The council may consult with engineering authorities
1066 and organizations concerned with standard safety codes for
1067 recommendations to the department regarding rules for the
1068 operation, maintenance, servicing, construction, alteration,
1069 installation, or inspection of vertical conveyances subject to
1070 this chapter.
1071 (4) The council shall meet at least once annually and upon
1072 the request of the division or a majority of the council
1073 members.
1074 (5) The Elevator Safety Technical Advisory Council shall
1075 develop and submit to the director of the Division of Hotels and
1076 Restaurants of the Department of Business and Professional
1077 Regulation proposed revisions to this chapter and the rules
1078 adopted hereunder to conform to the latest editions of ASME
1079 A17.1, ASME A17.2, ASME A17.3, and ASME A18.1.
1080 (6) The Elevator Safety Technical Advisory Council shall
1081 annually review the Safety Code for Elevators and Escalators
1082 ASME A17.1, ASME A17.2, ASME A17.3, and ASME A18.1, or other
1083 related model codes and amendments thereto, concurrent with the
1084 update of the Florida Building Code, and recommend to the
1085 Florida Building Commission revisions to the Florida Building
1086 Code to continue protecting the public health, safety, and
1087 welfare.
1088 Section 14. Section 399.11, Florida Statutes, is amended to
1089 read:
1090 399.11 Penalties.—
1091 (1) Any person who violates any of the provisions of this
1092 chapter or the rules of the department commits is guilty of a
1093 misdemeanor of the second degree, punishable as provided in s.
1094 775.082 or s. 775.083.
1095 (2) Any person who falsely represents himself or herself as
1096 credentialed under this chapter commits is guilty of a
1097 misdemeanor of the second degree, punishable as provided in s.
1098 775.082 or s. 775.083.
1099 Section 15. Section 399.125, Florida Statutes, is amended
1100 to read:
1101 399.125 Reporting of conveyance elevator accidents;
1102 penalties.—Within 5 working days after any accident occurring in
1103 or upon any conveyance elevator, which results in bodily injury
1104 requiring medical attention or results in death to any person
1105 and is presumptively caused by the malfunction of the equipment
1106 or misuse by a passenger of the equipment, the certificate of
1107 operation holder shall report the accident to the division on a
1108 form prescribed by rule by the division. Failure to timely file
1109 this report is a violation of this chapter and will subject the
1110 certificate of operation holder to an administrative fine, to be
1111 imposed by the division, in an amount not to exceed $1,000. A
1112 state elevator inspector shall conduct a safety inspection of
1113 the conveyance within 72 hours after receiving a report of an
1114 accident which complies with the reporting requirements in this
1115 section. The division shall submit to the Governor, the
1116 President of the Senate, the Speaker of the House of
1117 Representatives, and the chairs of the legislative
1118 appropriations committees an annual report that analyzes
1119 elevator accidents during the preceding year, including the
1120 number of accidents that have resulted in medical attention or
1121 death, and, if available, whether the accidents were the result
1122 of rider behavior or elevator malfunction. The report shall be
1123 submitted by September 30 after the end of the fiscal year.
1124 Section 16. Section 399.13, Florida Statutes, is amended to
1125 read:
1126 399.13 Delegation of authority to municipalities or
1127 counties.—
1128 (1) The department may enter into contracts with
1129 municipalities or counties under which the municipalities or
1130 counties will issue construction, installation, and alteration
1131 permits and certificates of operation; will provide for
1132 inspection of conveyances elevators, including initial
1133 acceptance, alteration acceptance, routine, callback, accident,
1134 complaint, and temporary operation inspections; and will enforce
1135 the applicable provisions of the Florida Elevator Safety Code
1136 and the Florida Building Code, as required by this chapter. The
1137 municipality or county may issue temporary operating permits.
1138 The municipality or county may choose to require inspections be
1139 performed by its own inspectors or by private certified elevator
1140 inspectors. The municipality or county may assess a reasonable
1141 fee for inspections performed by its inspectors and for
1142 variances issued in accordance with bureau standards. Each
1143 agreement shall include a provision that the municipality or
1144 county shall maintain for inspection by the department copies of
1145 all applications for permits issued, a copy of each inspection
1146 report issued, and proper records showing the number of
1147 certificates of operation issued; shall include a provision that
1148 each required inspection be conducted by a certified elevator
1149 inspector; and may include other provisions as the department
1150 deems necessary. The municipality or county shall enforce the
1151 Florida Building Code as it applies to this chapter and may
1152 impose fees and assess and collect fines as part of its
1153 enforcement activities. License fees that are imposed by the
1154 municipality or county shall be the same amount as the fees
1155 imposed by the division. A county or municipality may not issue
1156 or take disciplinary action against a certificate of competency,
1157 an elevator inspector certification, an elevator technician
1158 certification, or an elevator company certification
1159 registration. However, the department may initiate disciplinary
1160 action against a registration or certification at the request of
1161 a county or municipality.
1162 (2) The department may inspect conveyances make inspections
1163 of elevators in the municipality or county for the purpose of
1164 determining that the provisions of this chapter are being met
1165 and may cancel the contract with any municipality or county that
1166 the department finds has failed to comply with the contract or
1167 this chapter. The amendments to chapter 399 by this act shall
1168 apply only to the installation, relocation, or alteration of an
1169 elevator for which a permit has been issued after October 1,
1170 1990.
1171 Section 17. Section 399.15, Florida Statutes, is amended to
1172 read:
1173 399.15 Regional emergency elevator access.—
1174 (1) In order to provide emergency access to elevators:
1175 (a) For each building in this state which is six or more
1176 stories in height, including, but not limited to, hotels and
1177 condominiums, on which a building permit is issued after
1178 September 30, 2006, all of the keys for elevators that allow
1179 public access, including, but not limited to, service and
1180 freight elevators, must be keyed so as to allow all elevators
1181 within each of the seven state emergency response regions to
1182 operate in fire emergency situations with one master elevator
1183 key.
1184 (b) Any building in this state which is six or more stories
1185 in height and has undergone “substantial improvement” as defined
1186 in s. 161.54(12) must also comply with paragraph (a).
1187 (2) Each existing building in this state which is six or
1188 more stories in height must comply with subsection (1) before
1189 October 1, 2009.
1190 (3) In addition to elevator owners, owners' agents,
1191 certified elevator companies, certified elevator elevator
1192 contractors, state-certified inspectors, and state agency
1193 representatives, master elevator keys may be issued only to the
1194 fire department and may not be issued to any other emergency
1195 response agency. A person may not duplicate a master elevator
1196 key for issuance to, or issue such a key to, anyone other than
1197 authorized fire department personnel. Each master elevator key
1198 must be marked “DO NOT DUPLICATE.”
1199 (4) If it is technically, financially, or physically
1200 impossible to bring a building into compliance with this
1201 section, the local fire marshal may allow substitute emergency
1202 measures that will provide reasonable emergency elevator access.
1203 The local fire marshal's decision regarding substitute measures
1204 may be appealed to the State Fire Marshal.
1205 (5) The Division of State Fire Marshal of the Department of
1206 Financial Services shall enforce this section. Any person who
1207 fails to comply with the requirements of this section is subject
1208 to an administrative fine of not more than $1,000, in addition
1209 to any other penalty provided by law. All administrative fines
1210 shall be deposited into the Insurance Regulatory Trust Fund.
1211 (6) Builders should make every effort to use new technology
1212 and developments in keying systems which make it possible to
1213 convert existing equipment so as to provide efficient regional
1214 emergency elevator access.
1215 (7) The Department of Financial Services shall adopt rules
1216 to implement this section, including rules to determine the
1217 master elevator key to be used within each of the emergency
1218 response regions.
1219 (8) The department shall maintain a regional emergency
1220 elevator access registry that is available to the State Fire
1221 Marshal of the Department of Financial Services for enforcement
1222 purposes.
1223 (9) This section does not affect the application of the
1224 uniform firesafety standards, the Life Safety Code, or the
1225 Elevator Safety Code.
1226 Section 18. Section 399.16, Florida Statutes, is created to
1227 read:
1228 399.16 Certificate of competency; certified elevator
1229 professional licensure and elevator company certification
1230 requirements; renewals; fees.—The department shall issue
1231 certificates of competency, certified elevator professional
1232 licenses, and elevator company certifications to any person who
1233 meets the minimum requirements for the type of certification or
1234 license for which the person is applying. Each certificate of
1235 competency, certified elevator professional license, and
1236 elevator company certification issued under this section is
1237 valid for and expires at the end of 1 year. The division shall
1238 adopt rules establishing procedures for applications and the
1239 renewal of certificates and licenses issued under this section.
1240 (1) CERTIFICATE OF COMPETENCY.—Each natural person who
1241 applies for a license as a certified elevator professional must
1242 obtain a certificate of competency from the division before he
1243 or she receives a certified elevator professional license. The
1244 division shall deem qualified and issue a certificate of
1245 competency to any natural person who pays a nonrefundable fee of
1246 $50 and meets the following requirements:
1247 (a) A licensed mechanical engineer whose license is in good
1248 standing;
1249 (b) Proof of completion and successful passage of a written
1250 examination administered by the division or a provider approved
1251 by the division under standards adopted by rule; or
1252 (c) Licensure or certification by a state or local
1253 jurisdiction in the United States having standards substantially
1254 equal to or more stringent than those in this chapter; and
1255 1. Four years of nonsupervisory industry work experience
1256 physically performing the construction, installation,
1257 maintenance, and repair of conveyances covered by this chapter
1258 and verified by current or previously registered elevator
1259 companies, as required by the division; or
1260 2. Proof of completion of an apprenticeship program for
1261 elevator mechanics which has standards substantially equivalent
1262 to the standards of a national training program for elevator
1263 mechanics and registration with the Bureau of Apprenticeship and
1264 Training of the United States Department of Labor or a state
1265 apprenticeship authority.
1266 (2) CERTIFIED ELEVATOR PROFESSIONAL LICENSURE.—
1267 (a) Certified elevator technician.—Each natural person must
1268 apply for and obtain a license from the division before
1269 commencing the duties of a certified elevator technician. The
1270 division shall deem qualified and issue a certified elevator
1271 technician license to any person who:
1272 1. Holds a valid certificate of competency issued by the
1273 division;
1274 2. Provides proof of general liability insurance coverage
1275 in the minimum amounts set by rule by the division; and
1276 3. Pays a nonrefundable fee of $50.
1277 (b) Certified elevator inspector.—Each natural person must
1278 apply for and obtain a license from the division before
1279 commencing the duties of a certified elevator inspector. The
1280 division shall deem qualified and issue a certified elevator
1281 inspector license to any person who:
1282 1. Holds a valid certificate of competency issued by the
1283 division;
1284 2. Provides proof of a properly acquired and valid
1285 qualified elevator inspector credential as prescribed by the
1286 American Society of Mechanical Engineers;
1287 3. Provides proof of general liability insurance coverage
1288 in the minimum amounts set by rule by the division; and
1289 4. Pays a nonrefundable fee of $50.
1290 (3) CERTIFIED ELEVATOR COMPANIES.—An elevator company must
1291 register each year with and be certified by the division before
1292 constructing, installing, inspecting, maintaining, and repairing
1293 any conveyance under this chapter. The division shall deem
1294 qualified and issue an elevator company certification to any
1295 elevator company that:
1296 1. Provides proof of employment of a natural person who
1297 holds a certificate of competency issued by the division;
1298 2. Maintains and provides proof of general liability
1299 insurance coverage in the minimum amounts set by rule by the
1300 division; and
1301 3. Pays a nonrefundable fee of $50.
1302 (4) REFUSAL TO ISSUE.—The division may refuse to issue a
1303 new or renewal certificate of competency, certified elevator
1304 professional license, or elevator company certification to any
1305 person who does not meet the requirements in this section or who
1306 has violated the provisions in this chapter or the rules adopted
1307 under this chapter.
1308 (5) RENEWAL.—Each license and certification is valid for
1309 and expires at the end of 1 year and may be renewed by the
1310 division when the division receives the materials required for
1311 qualification as provided in this section and a nonrefundable
1312 fee of $50.
1313 (a) In addition to the materials required for
1314 qualification, each certificate of competency holder shall
1315 provide proof of:
1316 1. Completion of 8 hours of continuing education; and
1317 2. General liability insurance coverage in the minimum
1318 amounts set by the division.
1319 (b) Each certified elevator inspector shall provide proof
1320 that his or her national credential remains in good standing.
1321 (c) The department shall adopt rules establishing criteria
1322 for providing approval and procedures for reporting continuing
1323 education.
1324 (6) ELEVATOR HELPERS AND MECHANICS.—
1325 (a) Elevator personnel who have not yet obtained a license
1326 may train as or perform work as an elevator helper under the
1327 direct supervision of a certified elevator technician, who must
1328 also be licensed as a certificate of competency holder, to
1329 construct, install, maintain, and repair any conveyance. The
1330 elevator helper shall be a listed employee of the certified
1331 elevator company as prescribed by rule by the division.
1332 (b) Elevator personnel who have not yet obtained a license
1333 may train as or perform work as an elevator mechanic to
1334 construct, install, maintain, and repair elevators after
1335 successfully completing a formal 4-year apprenticeship training
1336 program and passing a mechanics exam to receive the designation
1337 of elevator mechanic.
1338 (7) FEES.—Fees collected under this section shall be
1339 deposited into the Hotel and Restaurant Trust Fund.
1340 Section 19. Section 399.17, Florida Statutes, is created to
1341 read:
1342 399.17 Citations for unlicensed activity; prohibitions;
1343 penalties.—
1344 (1) A person may not:
1345 (a) Falsely hold himself or herself or a business
1346 organization out as a licensee or certified elevator
1347 professional;
1348 (b) Present as his or her own the certificate, license, or
1349 certificate of operation of another;
1350 (c) Knowingly give false or forged evidence to the
1351 division, bureau, council, or a member thereof;
1352 (d) Use or attempt to use a license, certificate of
1353 competency, or certificate of operation which has expired, been
1354 suspended, or been revoked;
1355 (e) Operate a business organization engaged in the
1356 construction, installation, inspection, maintenance,
1357 replacement, repair, and service of conveyances after the
1358 termination, suspension, or revocation of its only certified
1359 elevator professional without designating another primary
1360 certified elevator professional;
1361 (f) Commence or perform work for which a permit or
1362 certification is required and not in effect; or
1363 (g) Operate under an expired, suspended, or revoked license
1364 or certificate of competency, registration, permit, or
1365 certificate of operation.
1366 (2) Any unlicensed person or business organization who
1367 violates any of the provisions in this section commits a
1368 misdemeanor, punishable as provided in s. 399.11.
1369 (3) The department may issue a stop-work order for all
1370 unlicensed work on a project upon a finding of probable cause
1371 that a construction requiring a permit, certificate, or license
1372 is being performed without a current and valid permit,
1373 certificate, or license. Stop-work orders may be enforced using
1374 any cease and desist order or other related action by the
1375 department.
1376 (4) A state elevator inspector may issue a citation for any
1377 violation of this section if he or she, based upon a personal
1378 investigation, has reasonable and probable grounds to believe
1379 that such a violation has occurred.
1380 (a) A citation issued by a state elevator inspector shall
1381 be in a form prescribed by rule by the division and shall
1382 contain:
1383 1. The time and date of issuance.
1384 2. The professional license number, conveyance license
1385 number, or conveyance serial number, if available.
1386 3. The time and date of the violation.
1387 4. The name and address of the person to whom the citation
1388 is issued.
1389 5. A brief description of the violation and the facts
1390 constituting reasonable and probable cause.
1391 6. The name of the state elevator inspector issuing the
1392 citation.
1393 7. The procedure for the person to follow in order to pay
1394 the civil penalty or to contest the citation.
1395 8. The applicable civil penalty if the person elects not to
1396 contest the citation.
1397 (b) The division may cite unlicensed owners, unlicensed
1398 elevator personnel, and uncertified elevator companies under
1399 this section and may establish procedures for implementing this
1400 section, including a schedule of penalties.
1401 (c) The act for which the citation is issued shall cease
1402 upon receipt of the citation and the person who receives the
1403 citation must correct the violation and respond to the civil
1404 penalty in the manner indicated on the citation or, within 10
1405 days after receiving the citation, exclusive of weekends and
1406 legal holidays, request an administrative hearing.
1407 1. The department or the Division of Administrative
1408 Hearings shall hold hearings conducted pursuant to chapter 120.
1409 2. The failure to file an appeal of the decision by the
1410 state elevator inspector within the 10-day time period set forth
1411 in this paragraph constitutes a waiver of the person's right to
1412 an administrative hearing. A waiver of the right to an
1413 administrative hearing shall be deemed an admission of the
1414 violation and penalties may be imposed accordingly.
1415 3. If the person issued the citation, or his or her
1416 designated representative, shows that the citation is invalid or
1417 that the violation has been corrected before an administrative
1418 hearing, the division may dismiss the citation unless the
1419 violation is irreparable or irreversible.
1420 4. Each day that a violation knowingly and willfully
1421 continues constitutes a separate offense.
1422 (d) If the administrative hearing results in a finding that
1423 a violation exists, the department or administrative law judge
1424 may order the violator to pay a civil penalty of not less than
1425 the amount set forth on the citation, but not more than $1,000
1426 per day for each violation. In determining the amount of the
1427 penalty, the department or administrative law judge, shall
1428 consider:
1429 1. The gravity of the violation.
1430 2. Any actions taken by the violator to correct the
1431 violation.
1432 3. Any previous violations committed by the violator.
1433 (e) If the violator has not contested the citation or paid
1434 the civil penalty within the timeframe provided in the citation,
1435 or if a violation has not been corrected within the timeframe
1436 set during the administrative proceedings, the division shall
1437 enter an order requiring the violator to pay the civil penalty
1438 provided in the citation. A hearing is not required for the
1439 issuance of such order.
1440 (f) An aggrieved party may appeal a final order issued by
1441 the department in accordance with s. 120.68. All notices and
1442 administrative proceedings required in this chapter shall be
1443 provided to the alleged violator by certified mail, return
1444 receipt requested, or by hand delivery by the state elevator
1445 inspector.
1446 (g) Any person who willfully refuses to sign and accept a
1447 citation issued by a state elevator inspector commits a
1448 misdemeanor of the second degree, punishable as provided in s.
1449 775.082 or s. 775.083.
1450 (h) This section does not prohibit a county or municipality
1451 from enforcing its codes or ordinances by other means.
1452 (i) This section does not authorize local jurisdictions to
1453 exercise disciplinary authority or procedures established in
1454 this section against an individual.
1455 (5) The citation must be issued to the owner of the
1456 unlicensed conveyance or to a natural person who violates the
1457 provisions in subsection (1).
1458 (6) The remedies set forth in this section are not
1459 exclusive and may be imposed in addition to the remedies set
1460 forth in this chapter.
1461 Section 20. Section 399.18, Florida Statutes, is created to
1462 read:
1463 399.18 Certified elevator professionals; duties and
1464 requirements.—Certified elevator professionals shall comply with
1465 the duties and requirements in this section in addition to the
1466 duties and requirements in this chapter.
1467 (1) Certified elevator professionals shall directly
1468 supervise elevator helpers performing the procedures to which
1469 the elevator helper is assigned.
1470 (2) Certified elevator inspectors shall:
1471 (a) Inspect conveyances or witness periodic tests in
1472 accordance with this chapter and the rules adopted hereunder,
1473 the Florida Building Code, the latest edition of ASME A17.2
1474 Guide for Inspection of Elevators, Escalators and Moving Walks,
1475 and ASME QEI-1 standards, including the national code of
1476 conduct.
1477 (b) Submit to the department, in a format approved by the
1478 division, the original inspection report, signed by the
1479 inspector and the owner.
1480 (c) Provide the certificate of operation holder with a copy
1481 of the elevator inspection report within 5 days after the date
1482 of inspection. A copy of the inspection report shall be retained
1483 for quality assurance review or other inspection-related
1484 requests as provided by rule.
1485 (3) Private elevator inspectors shall:
1486 (a) Respond to the department upon any finding of omissions
1487 or errors on the elevator inspection report and shall submit a
1488 corrected inspection report in a timely manner as prescribed by
1489 rule.
1490 (b) Perform initial or acceptance inspections for
1491 satisfactory compliance with minimum code requirements before
1492 the conveyance is turned over to the owner for use by the
1493 general public.
1494 (4) State elevator inspectors shall:
1495 (a) Monitor and oversee any licenseholder or certificate of
1496 operation holder by conducting periodic inspections and
1497 activities.
1498 (b) Periodically provide reviews for quality assurance by
1499 conducting a physical examination or related compliance
1500 activities for conveyance inspections and tests performed by a
1501 private elevator inspector, on behalf of the division in
1502 accordance with this chapter.
1503 (c) Provide oversight or the regulatory supervision of
1504 application and permit issuance by the department for elevator
1505 construction, installation, inspection, maintenance, repairs,
1506 and service, and ensure code compliance by elevator companies
1507 and employed personnel working on conveyances to ensure the
1508 health, safety, and welfare of the riding public in accordance
1509 with the Florida Building Code and this chapter.
1510 (5) Certified elevator inspectors employed by a
1511 municipality or county under contract with the division may not
1512 construct, install, maintain, repair, or perform inspections
1513 other than in the performance of official duties for the
1514 municipality or county on any elevator or conveyance located
1515 within the employing municipality or county.
1516 (6) Private elevator inspectors may conduct annual safety
1517 inspections and witness periodic tests on behalf of owners.
1518 (7) Certified elevator inspectors may not have a conflict
1519 of interest with the owner, or with the certified elevator
1520 company that constructed, installed, maintained, or repaired the
1521 conveyance. The certified elevator inspector shall maintain
1522 professional conduct in accordance with rules adopted by the
1523 division, the Florida Building Code, and the latest edition of
1524 the ASME QEI-1 standards.
1525 Section 21. Section 399.19, Florida Statutes, is created to
1526 read:
1527 399.19 Owners; duties and requirements.—Owners shall comply
1528 with the duties and requirements in this section in addition to
1529 the duties and requirements in this chapter.
1530 (1) The owner shall assist the department or its agents by
1531 allowing access to the conveyance, machinery rooms and spaces,
1532 and maintenance records at any reasonable time for the purpose
1533 of enforcing this chapter.
1534 (2) The owner shall provide safe operation, proper
1535 maintenance, and inspection and correction of code deficiencies
1536 of the conveyance after a certificate of operation has been
1537 issued by the department. The owner shall annually renew the
1538 certificate of operation before the current certificate of
1539 operation expires.
1540 (3) The owner shall forward to the department, in an
1541 electronic format approved by the department, a regional
1542 emergency access notification that compliance measures are not
1543 required or are being implemented. The regional emergency access
1544 notification must also contain specific compliance information,
1545 including the current compliance status, specific measures
1546 required to attain compliance, and certification by a certified
1547 elevator inspector. Fees may not be assessed for the filing of
1548 the regional emergency access notification.
1549 (4) The owner shall provide to the division the owner’s
1550 name, address, city, state, and contact information for each
1551 licensed conveyance.
1552 (5) The owner shall sign the inspection report after the
1553 inspection by a certified elevator inspector is completed.
1554 Section 22. Section 399.20, Florida Statutes, is created to
1555 read:
1556 399.20 Enforcement; municipal and county officers to
1557 assist.—Any state or county attorney, sheriff, police officer,
1558 and any other appropriate municipal and county official shall,
1559 upon request, assist the division or any of its agents in the
1560 enforcement of this chapter.
1561 Section 23. Section 553.509, Florida Statutes, is amended
1562 to read:
1563 553.509 Vertical accessibility.—
1564 (1) Sections Nothing in ss. 553.501-553.513 or the
1565 guidelines do not shall be construed to relieve the owner of any
1566 building, structure, or facility governed by those sections from
1567 the duty to provide vertical accessibility to all levels above
1568 and below the occupiable grade level, regardless of whether the
1569 guidelines require an elevator to be installed in such building,
1570 structure, or facility, except for:
1571 (1)(a) Elevator pits, elevator penthouses, mechanical
1572 rooms, piping or equipment catwalks, and automobile lubrication
1573 and maintenance pits and platforms;
1574 (2)(b) Unoccupiable spaces, such as rooms, enclosed spaces,
1575 and storage spaces that are not designed for human occupancy,
1576 for public accommodations, or for work areas; and
1577 (3)(c) Occupiable spaces and rooms that are not open to the
1578 public and that house no more than five persons, including, but
1579 not limited to, equipment control rooms and projection booths.
1580 (2)(a) Any person, firm, or corporation that owns, manages,
1581 or operates a residential multifamily dwelling, including a
1582 condominium, that is at least 75 feet high and contains a public
1583 elevator, as described in s. 399.035(2) and (3) and rules
1584 adopted by the Florida Building Commission, shall have at least
1585 one public elevator that is capable of operating on an alternate
1586 power source for emergency purposes. Alternate power shall be
1587 available for the purpose of allowing all residents access for a
1588 specified number of hours each day over a 5-day period following
1589 a natural disaster, manmade disaster, emergency, or other civil
1590 disturbance that disrupts the normal supply of electricity. The
1591 alternate power source that controls elevator operations must
1592 also be capable of powering any connected fire alarm system in
1593 the building.
1594 (b) At a minimum, the elevator must be appropriately
1595 prewired and prepared to accept an alternate power source and
1596 must have a connection on the line side of the main disconnect,
1597 pursuant to National Electric Code Handbook, Article 700. In
1598 addition to the required power source for the elevator and
1599 connected fire alarm system in the building, the alternate power
1600 supply must be sufficient to provide emergency lighting to the
1601 interior lobbies, hallways, and other portions of the building
1602 used by the public. Residential multifamily dwellings must have
1603 an available generator and fuel source on the property or have
1604 proof of a current contract posted in the elevator machine room
1605 or other place conspicuous to the elevator inspector affirming a
1606 current guaranteed service contract for such equipment and fuel
1607 source to operate the elevator on an on-call basis within 24
1608 hours after a request. By December 31, 2006, any person, firm or
1609 corporation that owns, manages, or operates a residential
1610 multifamily dwelling as defined in paragraph (a) must provide to
1611 the local building inspection agency verification of engineering
1612 plans for residential multifamily dwellings that provide for the
1613 capability to generate power by alternate means. Compliance with
1614 installation requirements and operational capability
1615 requirements must be verified by local building inspectors and
1616 reported to the county emergency management agency by December
1617 31, 2007.
1618 (c) Each newly constructed residential multifamily
1619 dwelling, including a condominium, that is at least 75 feet high
1620 and contains a public elevator, as described in s. 399.035(2)
1621 and (3) and rules adopted by the Florida Building Commission,
1622 must have at least one public elevator that is capable of
1623 operating on an alternate power source for the purpose of
1624 allowing all residents access for a specified number of hours
1625 each day over a 5-day period following a natural disaster,
1626 manmade disaster, emergency, or other civil disturbance that
1627 disrupts the normal supply of electricity. The alternate power
1628 source that controls elevator operations must be capable of
1629 powering any connected fire alarm system in the building. In
1630 addition to the required power source for the elevator and
1631 connected fire alarm system, the alternate power supply must be
1632 sufficient to provide emergency lighting to the interior
1633 lobbies, hallways, and other portions of the building used by
1634 the public. Engineering plans and verification of operational
1635 capability must be provided by the local building inspector to
1636 the county emergency management agency before occupancy of the
1637 newly constructed building.
1638 (d) Each person, firm, or corporation that is required to
1639 maintain an alternate power source under this subsection shall
1640 maintain a written emergency operations plan that details the
1641 sequence of operations before, during, and after a natural or
1642 manmade disaster or other emergency situation. The plan must
1643 include, at a minimum, a lifesafety plan for evacuation,
1644 maintenance of the electrical and lighting supply, and
1645 provisions for the health, safety, and welfare of the residents.
1646 In addition, the owner, manager, or operator of the residential
1647 multifamily dwelling must keep written records of any contracts
1648 for alternative power generation equipment. Also, quarterly
1649 inspection records of lifesafety equipment and alternate power
1650 generation equipment must be posted in the elevator machine room
1651 or other place conspicuous to the elevator inspector, which
1652 confirm that such equipment is properly maintained and in good
1653 working condition, and copies of contracts for alternate power
1654 generation equipment shall be maintained on site for
1655 verification. The written emergency operations plan and
1656 inspection records shall also be open for periodic inspection by
1657 local and state government agencies as deemed necessary. The
1658 owner or operator must keep a generator key in a lockbox posted
1659 at or near any installed generator unit.
1660 (e) Multistory affordable residential dwellings for persons
1661 age 62 and older that are financed or insured by the United
1662 States Department of Housing and Urban Development must make
1663 every effort to obtain grant funding from the Federal Government
1664 or the Florida Housing Finance Corporation to comply with this
1665 subsection. If an owner of such a residential dwelling cannot
1666 comply with the requirements of this subsection, the owner must
1667 develop a plan with the local emergency management agency to
1668 ensure that residents are evacuated to a place of safety in the
1669 event of a power outage resulting from a natural or manmade
1670 disaster or other emergency situation that disrupts the normal
1671 supply of electricity for an extended period of time. A place of
1672 safety may include, but is not limited to, relocation to an
1673 alternative site within the building or evacuation to a local
1674 shelter.
1675 (f) As a part of the annual elevator inspection required
1676 under s. 399.061, certified elevator inspectors shall confirm
1677 that all installed generators required by this chapter are in
1678 working order, have current inspection records posted in the
1679 elevator machine room or other place conspicuous to the elevator
1680 inspector, and that the required generator key is present in the
1681 lockbox posted at or near the installed generator. If a building
1682 does not have an installed generator, the inspector shall
1683 confirm that the appropriate prewiring and switching
1684 capabilities are present and that a statement is posted in the
1685 elevator machine room or other place conspicuous to the elevator
1686 inspector affirming a current guaranteed contract exists for
1687 contingent services for alternate power is current for the
1688 operating period.
1689 However, buildings, structures, and facilities must, at as a
1690 minimum, comply with the requirements in the Americans with
1691 Disabilities Act Accessibility Guidelines.
1692 Section 24. This act shall take effect July 1, 2009.