Florida Senate - 2009                                    SB 1654
       
       
       
       By Senator Altman
       
       
       
       
       24-00763A-09                                          20091654__
    1                        A bill to be entitled                      
    2         An act relating to construction contracting; creating
    3         s. 489.1138, F.S.; providing for the regulation of
    4         hoisting equipment used in construction, demolition,
    5         or excavation work; defining the terms “hoisting
    6         equipment,” “mobile crane,” and “tower crane”;
    7         requiring that an applicant for a building permit for
    8         construction, demolition, or excavation work involving
    9         the use of a tower crane or mobile crane submit
   10         certain information to the local building official;
   11         requiring that persons operating two or more tower
   12         cranes or mobile cranes within the same swing radius
   13         maintain a clear, independent, and operable channel of
   14         radio communication between them at all times;
   15         requiring that a hurricane or high-wind preparedness
   16         plan be available for inspection under certain
   17         circumstances; requiring that, in preparation for such
   18         event, hoisting equipment be secured according to
   19         specified means; providing penalties for
   20         noncompliance; providing for the preemption of local
   21         acts, laws, ordinances, or regulations pertaining to
   22         the regulation of hoisting equipment or persons
   23         operating such equipment in this state; exempting the
   24         regulation of elevators from applicability of certain
   25         provisions of state law; providing an effective date.
   26         
   27         WHEREAS, cranes, derricks, hoists, elevators, and conveyors
   28  used in construction, demolition, or excavation work are
   29  currently regulated under federal rules adopted by the
   30  Occupational Safety and Health Administration and set forth in
   31  Title 29, parts 1910 and 1926 of the Code of Federal
   32  Regulations, and
   33         WHEREAS, the Occupational Safety and Health Administration
   34  has conducted a thorough and exhaustive review of these rules
   35  over the course of several years in an effort to better protect
   36  against the hazards presented by such hoisting equipment, and
   37         WHEREAS, the review conducted by the Occupational Safety
   38  and Health Administration was undertaken in consultation with
   39  many of the most knowledgeable engineering, construction, and
   40  safety experts in the nation and in the world, and
   41         WHEREAS, this review has culminated in the production of
   42  proposed rules setting forth comprehensive and detailed new
   43  regulations applicable to cranes, derricks, hoists, elevators,
   44  and conveyors, and to the operators of such equipment, as
   45  published in the Federal Register on October 9, 2008, and
   46         WHEREAS, the State of Florida commends and supports the
   47  efforts of the Occupational Safety and Health Administration in
   48  this regard, and
   49         WHEREAS, cranes, derricks, hoists, elevators, and conveyors
   50  are routinely transported across municipal, county, and state
   51  lines, making uniform federal regulation of such equipment and
   52  its operators essential to commerce, to Florida’s economic
   53  competitiveness, and to minimizing construction costs in our
   54  state, and
   55         WHEREAS, the Occupational Safety and Health Administration
   56  has recently entered into a strategic alliance with the
   57  Associated Builders and Contractors of Florida, the South
   58  Florida Chapter of the Associated General Contractors of
   59  America, the Construction Association of South Florida, and the
   60  Florida Crane Owners Council to improve crane safety, NOW,
   61  THEREFORE,
   62         
   63  Be It Enacted by the Legislature of the State of Florida:
   64         
   65         Section 1. Section 489.1138, Florida Statutes, is created
   66  to read:
   67         489.1138Regulation of cranes, derricks, hoists, elevators,
   68  and conveyors used in construction work.—
   69         (1)As used in this section, the term:
   70         (a)“Hoisting equipment” means those power-operated cranes,
   71  derricks, hoists, elevators, and conveyors used in construction,
   72  demolition, or excavation work which are regulated by the
   73  Occupational Safety and Health Administration pursuant to 29
   74  C.F.R. parts 1910 and 1926, as amended.
   75         (b)“Mobile crane” means a type of hoisting equipment
   76  incorporating a cable-suspended, latticed boom or hydraulic
   77  telescoping boom designed to be moved between operating
   78  locations by transport over the road. This term does not include
   79  a mobile crane that has a boom length of less than 25 feet or a
   80  maximum rated load capacity of less than 15,000 pounds.
   81         (c)“Tower crane” means a type of hoisting equipment using
   82  a vertical mast or tower to support a working boom in an
   83  elevated position, where the working boom can rotate to move
   84  loads laterally by rotating at the top of the mast or tower or
   85  by the rotation of the mast or tower itself. The mast or tower
   86  base may be fixed in one location or ballasted and moveable
   87  between locations.
   88         (2)An applicant for a building permit for construction,
   89  demolition, or excavation work involving the use of a tower
   90  crane or mobile crane shall submit to the local building
   91  official:
   92         1.A site plan accurately identifying the location of the
   93  crane, clearances from above-ground power lines, the location of
   94  adjacent buildings, and the structural foundation of the crane.
   95         2.Documentation of compliance with the requirements of all
   96  governmental authorities related to operation of the crane on
   97  the worksite, including compliance with the lighting
   98  requirements of the Federal Aviation Administration.
   99         (3)When two or more tower cranes or mobile cranes are
  100  operating within the same swing radius, the persons operating
  101  those cranes shall have a clear, independent, and operable
  102  channel of radio communication between them at all times.
  103         (4)(a)When a tower crane or mobile crane is in place on a
  104  worksite, a hurricane and high-wind event preparedness plan for
  105  that crane shall be available for inspection at the site.
  106         (b)In preparation for a hurricane or high-wind event,
  107  hoisting equipment shall be secured in the following manner:
  108         1.All hoisting equipment shall be secured in compliance
  109  with manufacturer recommendations relating to hurricane and
  110  high-wind events, including any such recommendations relating to
  111  the placement, use, or removal of advertising banners and
  112  rigging.
  113         2.Tower crane turntables shall be lubricated before the
  114  event.
  115         3.Fixed booms on mobile cranes shall be laid down whenever
  116  feasible.
  117         4.Booms on hydraulic cranes shall be retracted and stored.
  118         5.The counterweights of any hoists shall be locked below
  119  the top tie-in.
  120         6.Tower cranes shall be set in the weathervane position.
  121         7.All rigging shall be removed from hoist blocks.
  122         8.All power at the base of tower cranes shall be
  123  disconnected.
  124         (5)Any person licensed under this part who intentionally
  125  violates subsection (2), subsection (3), or subsection (4) is
  126  subject to discipline pursuant to ss. 455.227 and 489.129.
  127         (6)This section preempts any local act, law, ordinance, or
  128  regulation, including, but not limited to, a local building code
  129  or building permit requirement of a county, municipality, or
  130  other political subdivision pertaining to the regulation of
  131  hoisting equipment or persons operating such equipment in this
  132  state.
  133         (7)This section does not affect the regulation of
  134  elevators under chapter 399.
  135         Section 2. This act shall take effect upon becoming a law.