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: 67 489.1138 Regulation 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.