HB 1035

1	A bill to be entitled
2	An act relating to elevator safety; amending s. 399.01,
3	F.S.; revising definitions; amending s. 399.02, F.S.;
4	conforming a reference to a safety code; requiring the
5	Division of Hotels and Restaurants of the Department of
6	Business and Professional Regulation to adopt rules;
7	authorizing the division to enter certain buildings;
8	providing for variances; exempting certain elevators from
9	specific code update requirements; providing a phase-in
10	period for such elevators; amending s. 399.035, F.S.;
11	conforming a reference to certain safety standards;
12	amending s. 399.049, F.S.; specifying additional acts by a
13	registered elevator company or certificateholder which are
14	subject to discipline; amending s. 399.061, F.S.;
15	requiring certain licensees to provide written responses
16	to departmental requests relating to inspection reports;
17	amending s. 399.105, F.S.; extending the time within which
18	an elevator owner may comply with certain orders to
19	correct; creating s. 399.16, F.S.; providing procedures
20	related to citations and discipline relating to unlicensed
21	activity; creating s. 399.17, F.S.; providing registration
22	and continuing education requirements for certified
23	elevator inspectors; amending s. 553.509, F.S.; deleting
24	provisions establishing elevator requirements for certain
25	residential multifamily buildings; providing an effective
26	date.
27
28	Be It Enacted by the Legislature of the State of Florida:
29
30	Section 1.  Subsection (11) of section 399.01, Florida
31	Statutes, is repealed, present subsections (12) through (17) of
32	that section are redesignated as subsections (11) through (16),
33	respectively, and present subsection (14) of that section is
34	amended, to read:
35	399.01  Definitions.-As used in this chapter, the term:
36	(13)(14)  "Certified elevator inspector" is a natural
37	person registered with and authorized by the division to
38	construct, install, inspect, maintain, or repair any vertical
39	conveyance, after having properly acquired the qualified
40	elevator inspector credential as prescribed by the American
41	Society of Mechanical Engineers. Each certified elevator
42	inspector must annually register with the division and provide
43	proof of completion of 8 hours of continuing education, proof
44	that the qualified elevator inspector credential remains in good
45	standing, and proof of general liability insurance coverage in
46	the minimum amounts set by the division.
47
48	All other building transportation terms are defined in the
49	current Florida Building Code.
50	Section 2.  Paragraph (t) of subsection (3) and subsection
51	(6) of section 399.02, Florida Statutes, are amended, and
52	subsections (8) and (9) are added to that section, to read:
53	399.02  General requirements.-
54	(3)  Equipment not covered by this chapter includes, but is
55	not limited to:
56	(t)  Equipment covered in s. 1.1.2 1.2 of the Elevator
57	Safety Code.
58	(6)(a)  The department is empowered to carry out all of the
59	provisions of this chapter relating to the inspection and
60	regulation of elevators and to enforce the provisions of the
61	Florida Building Code. The division shall adopt rules to
62	administer this chapter.
63	(b)  In order to perform its duties and responsibilities
64	under this section, the division may enter and have reasonable
65	access to all buildings and rooms or spaces in which an existing
66	or newly installed conveyance and equipment are located.
67	(8)  The division may grant variances for undue hardship
68	pursuant to s. 120.542 and the rules adopted under this section.
69	Such rules must include a process for requests for variances.
70	The division may not grant a request for a variance unless it
71	finds that the variance will not adversely affect the safety of
72	the public.
73	(9)  Updates to the code requiring modifications for Phase
74	II Firefighters' Service on existing elevators, as amended into
75	the Safety Code for Existing Elevators and Escalators, ASME
76	A17.1 and A17.3, may not be enforced on elevators in
77	condominiums issued a certificate of occupancy by the local
78	building authority as of July 1, 2008, for 5 years or until the
79	elevator is replaced or requires major modification, whichever
80	occurs first. This exception does not apply to a building for
81	which a certificate of occupancy was issued after July 1, 2008.
82	This exception does not prevent an elevator owner from
83	requesting a variance from the applicable codes before or after
84	the expiration of the 5-year term. This subsection does not
85	prohibit the division from granting variances pursuant to s.
86	120.542 and subsection (8). The division shall adopt rules to
87	administer this subsection.
88	Section 3.  Paragraph (c) of subsection (1) of section
89	399.035, Florida Statutes, is amended to read:
90	399.035  Elevator accessibility requirements for the
91	physically handicapped.-
92	(1)  Each elevator, the installation of which is begun
93	after October 1, 1990, must be made accessible to physically
94	handicapped persons with the following requirements:
95	(c)  Each elevator covered by this section must be
96	available to be used at any time to assist the physically
97	handicapped in an emergency evacuation. The requirements of the
98	latest revision of s. 2.27 211 of the American Society of
99	Mechanical Engineers Standard ASME National Standards Institute
100	standard ANSI A17.1 must be complied with to meet the
101	requirements of this paragraph.
102	Section 4.  Subsection (1) of section 399.049, Florida
103	Statutes, is amended to read:
104	399.049  Disciplinary action.-
105	(1)  The department may suspend or revoke an elevator
106	inspector certification, an elevator company registration, an
107	elevator certificate of competency, or an elevator certificate
108	of operation issued under this chapter or impose an
109	administrative penalty of up to $1,000 per violation upon any
110	registered elevator company or certificateholder who commits any
111	one or more of the following violations:
112	(a)  Any false statement as to a material matter in an
113	application for registration, certification, or any permit or
114	certificate issued under this chapter.
115	(b)  Fraud, misrepresentation, or bribery in the practice
116	of the profession.
117	(c)  Failure by a certified elevator inspector to provide
118	the department and the certificate of operation holder with a
119	copy of the inspection report within 5 days after the date of
120	any inspection performed after the initial certificate of
121	operation is issued.
122	(d)  Violation of any provision of this chapter.
123	(e)  Failure by a certified elevator inspector to maintain
124	his or her qualified elevator inspector credential in good
125	standing.
126	(f)  Having a license to install, inspect, maintain, or
127	repair any vertical conveyance revoked, suspended, or otherwise
128	acted against, including the denial of licensure, by the
129	licensing authority of another state, territory, or county.
130	(g)  Engaging in fraud or deceit, negligence, incompetency,
131	or misconduct in the practice of the profession.
132	Section 5.  Subsection (5) is added to section 399.061,
133	Florida Statutes, to read:
134	399.061  Inspections; service maintenance contracts;
135	correction of deficiencies.-
136	(5)  A certified elevator inspector or registered elevator
137	company shall, upon the written request of the department,
138	provide a written response that explains the inspection
139	procedures and applications used to prepare an inspection report
140	that was found by the department to contain errors or omissions
141	of code violations or tests.
142	Section 6.  Subsection (4) of section 399.105, Florida
143	Statutes, is amended to read:
144	399.105  Administrative fines.-
145	(4)  An elevator owner who fails to comply with an order to
146	correct issued under s. 399.061(4) within 90 30 days after its
147	issuance is subject, in addition to any other penalty provided
148	by law, to an administrative fine in an amount not to exceed
149	$1,000.
150	Section 7.  Section 399.16, Florida Statutes, is created to
151	read:
152	399.16  Unlicensed activity; citations; prohibitions;
153	penalties.-
154	(1)  The division may issue a citation for unlicensed
155	activity upon a finding of probable cause that activity
156	requiring a permit, certificate, or license is being performed
157	without a valid permit, certificate, or license. The citation
158	constitutes a stop work order that may be enforced by the
159	division.
160	(a)  The citation shall be in a form prescribed by rule.
161	The division may adopt rules to administer this section,
162	including a schedule of penalties.
163	(b)  The division shall issue a citation to the owner of an
164	unlicensed elevator, to unlicensed elevator personnel, or to the
165	owner of an unregistered elevator company.
166	(c)  The activity for which a citation is issued shall
167	cease upon receipt of the citation and the person who receives
168	the citation must correct the violation and respond to the civil
169	penalty, which may not exceed $1,000 per violation, or request
170	an administrative hearing pursuant to chapter 120.
171	(2)  Each day that a violation continues constitutes a
172	separate violation.
173	(3)  The remedies in this section are not exclusive and may
174	be imposed in addition to other remedies in this chapter.
175	Section 8.  Section 399.17, Florida Statutes, is created to
176	read:
177	399.17  Certified elevator inspectors; registration.-Each
178	certified elevator inspector must annually register with the
179	division and provide proof of completion of 8 hours of
180	continuing education, proof of good standing, and proof of
181	general liability insurance coverage in the minimum amounts
182	established by the division. The registration must remain in
183	good standing throughout the license year.
184	Section 9.  Section 553.509, Florida Statutes, is amended
185	to read:
186	553.509  Vertical accessibility.-
187	(1)  Nothing in ss. 553.501-553.513 or the guidelines shall
188	be construed to relieve the owner of any building, structure, or
189	facility governed by those sections from the duty to provide
190	vertical accessibility to all levels above and below the
191	occupiable grade level, regardless of whether the guidelines
192	require an elevator to be installed in such building, structure,
193	or facility, except for:
194	(1)(a)  Elevator pits, elevator penthouses, mechanical
195	rooms, piping or equipment catwalks, and automobile lubrication
196	and maintenance pits and platforms;
197	(2)(b)  Unoccupiable spaces, such as rooms, enclosed
198	spaces, and storage spaces that are not designed for human
199	occupancy, for public accommodations, or for work areas; and
200	(3)(c)  Occupiable spaces and rooms that are not open to
201	the public and that house no more than five persons, including,
202	but not limited to, equipment control rooms and projection
203	booths.
204	(2)(a)  Any person, firm, or corporation that owns,
205	manages, or operates a residential multifamily dwelling,
206	including a condominium, that is at least 75 feet high and
207	contains a public elevator, as described in s. 399.035(2) and
208	(3) and rules adopted by the Florida Building Commission, shall
209	have at least one public elevator that is capable of operating
210	on an alternate power source for emergency purposes. Alternate
211	power shall be available for the purpose of allowing all
212	residents access for a specified number of hours each day over a
213	5-day period following a natural disaster, manmade disaster,
214	emergency, or other civil disturbance that disrupts the normal
215	supply of electricity. The alternate power source that controls
216	elevator operations must also be capable of powering any
217	connected fire alarm system in the building.
218	(b)  At a minimum, the elevator must be appropriately
219	prewired and prepared to accept an alternate power source and
220	must have a connection on the line side of the main disconnect,
221	pursuant to National Electric Code Handbook, Article 700. In
222	addition to the required power source for the elevator and
223	connected fire alarm system in the building, the alternate power
224	supply must be sufficient to provide emergency lighting to the
225	interior lobbies, hallways, and other portions of the building
226	used by the public. Residential multifamily dwellings must have
227	an available generator and fuel source on the property or have
228	proof of a current contract posted in the elevator machine room
229	or other place conspicuous to the elevator inspector affirming a
230	current guaranteed service contract for such equipment and fuel
231	source to operate the elevator on an on-call basis within 24
232	hours after a request. By December 31, 2006, any person, firm or
233	corporation that owns, manages, or operates a residential
234	multifamily dwelling as defined in paragraph (a) must provide to
235	the local building inspection agency verification of engineering
236	plans for residential multifamily dwellings that provide for the
237	capability to generate power by alternate means. Compliance with
238	installation requirements and operational capability
239	requirements must be verified by local building inspectors and
240	reported to the county emergency management agency by December
241	31, 2007.
242	(c)  Each newly constructed residential multifamily
243	dwelling, including a condominium, that is at least 75 feet high
244	and contains a public elevator, as described in s. 399.035(2)
245	and (3) and rules adopted by the Florida Building Commission,
246	must have at least one public elevator that is capable of
247	operating on an alternate power source for the purpose of
248	allowing all residents access for a specified number of hours
249	each day over a 5-day period following a natural disaster,
250	manmade disaster, emergency, or other civil disturbance that
251	disrupts the normal supply of electricity. The alternate power
252	source that controls elevator operations must be capable of
253	powering any connected fire alarm system in the building. In
254	addition to the required power source for the elevator and
255	connected fire alarm system, the alternate power supply must be
256	sufficient to provide emergency lighting to the interior
257	lobbies, hallways, and other portions of the building used by
258	the public. Engineering plans and verification of operational
259	capability must be provided by the local building inspector to
260	the county emergency management agency before occupancy of the
261	newly constructed building.
262	(d)  Each person, firm, or corporation that is required to
263	maintain an alternate power source under this subsection shall
264	maintain a written emergency operations plan that details the
265	sequence of operations before, during, and after a natural or
266	manmade disaster or other emergency situation. The plan must
267	include, at a minimum, a lifesafety plan for evacuation,
268	maintenance of the electrical and lighting supply, and
269	provisions for the health, safety, and welfare of the residents.
270	In addition, the owner, manager, or operator of the residential
271	multifamily dwelling must keep written records of any contracts
272	for alternative power generation equipment. Also, quarterly
273	inspection records of lifesafety equipment and alternate power
274	generation equipment must be posted in the elevator machine room
275	or other place conspicuous to the elevator inspector, which
276	confirm that such equipment is properly maintained and in good
277	working condition, and copies of contracts for alternate power
278	generation equipment shall be maintained on site for
279	verification. The written emergency operations plan and
280	inspection records shall also be open for periodic inspection by
281	local and state government agencies as deemed necessary. The
282	owner or operator must keep a generator key in a lockbox posted
283	at or near any installed generator unit.
284	(e)  Multistory affordable residential dwellings for
285	persons age 62 and older that are financed or insured by the
286	United States Department of Housing and Urban Development must
287	make every effort to obtain grant funding from the Federal
288	Government or the Florida Housing Finance Corporation to comply
289	with this subsection. If an owner of such a residential dwelling
290	cannot comply with the requirements of this subsection, the
291	owner must develop a plan with the local emergency management
292	agency to ensure that residents are evacuated to a place of
293	safety in the event of a power outage resulting from a natural
294	or manmade disaster or other emergency situation that disrupts
295	the normal supply of electricity for an extended period of time.
296	A place of safety may include, but is not limited to, relocation
297	to an alternative site within the building or evacuation to a
298	local shelter.
299	(f)  As a part of the annual elevator inspection required
300	under s. 399.061, certified elevator inspectors shall confirm
301	that all installed generators required by this chapter are in
302	working order, have current inspection records posted in the
303	elevator machine room or other place conspicuous to the elevator
304	inspector, and that the required generator key is present in the
305	lockbox posted at or near the installed generator. If a building
306	does not have an installed generator, the inspector shall
307	confirm that the appropriate prewiring and switching
308	capabilities are present and that a statement is posted in the
309	elevator machine room or other place conspicuous to the elevator
310	inspector affirming a current guaranteed contract exists for
311	contingent services for alternate power is current for the
312	operating period.
313
314	However, buildings, structures, and facilities must, as a
315	minimum, comply with the requirements in the Americans with
316	Disabilities Act Accessibility Guidelines.
317	Section 10.  This act shall take effect July 1, 2010.

CODING: Words stricken are deletions; words underlined are additions.