CS/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; providing an effective date.
24
25	Be It Enacted by the Legislature of the State of Florida:
26
27	Section 1.  Subsection (11) of section 399.01, Florida
28	Statutes, is repealed, present subsections (12) through (17) of
29	that section are redesignated as subsections (11) through (16),
30	respectively, and present subsection (14) of that section is
31	amended, to read:
32	399.01  Definitions.-As used in this chapter, the term:
33	(13)(14)  "Certified elevator inspector" is a natural
34	person registered with and authorized by the division to
35	construct, install, inspect, maintain, or repair any vertical
36	conveyance, after having properly acquired the qualified
37	elevator inspector credential as prescribed by the American
38	Society of Mechanical Engineers. Each certified elevator
39	inspector must annually register with the division and provide
40	proof of completion of 8 hours of continuing education, proof
41	that the qualified elevator inspector credential remains in good
42	standing, and proof of general liability insurance coverage in
43	the minimum amounts set by the division.
44
45	All other building transportation terms are defined in the
46	current Florida Building Code.
47	Section 2.  Paragraph (t) of subsection (3) and subsection
48	(6) of section 399.02, Florida Statutes, are amended, and
49	subsections (8) and (9) are added to that section, to read:
50	399.02  General requirements.-
51	(3)  Equipment not covered by this chapter includes, but is
52	not limited to:
53	(t)  Equipment covered in s. 1.1.2 1.2 of the Elevator
54	Safety Code.
55	(6)(a)  The department is empowered to carry out all of the
56	provisions of this chapter relating to the inspection and
57	regulation of elevators and to enforce the provisions of the
58	Florida Building Code. The division shall adopt rules to
59	administer this chapter.
60	(b)  In order to perform its duties and responsibilities
61	under this section, the division may enter and have reasonable
62	access to all buildings and rooms or spaces in which an existing
63	or newly installed conveyance and equipment are located.
64	(8)  The division may grant variances for undue hardship
65	pursuant to s. 120.542 and the rules adopted under this section.
66	Such rules must include a process for requests for variances.
67	The division may not grant a request for a variance unless it
68	finds that the variance will not adversely affect the safety of
69	the public.
70	(9)  Updates to the code requiring modifications for Phase
71	II Firefighters' Service on existing elevators, as amended into
72	the Safety Code for Existing Elevators and Escalators, ASME
73	A17.1 and A17.3, may not be enforced on elevators in
74	condominiums or multi-family residential buildings, including
75	those that are part of a continuing care facility licensed under
76	chapter 651 or similar retirement community with apartments,
77	issued a certificate of occupancy by the local building
78	authority as of July 1, 2008, for 5 years or until the elevator
79	is replaced or requires major modification, whichever occurs
80	first. This exception does not apply to a building for which a
81	certificate of occupancy was issued after July 1, 2008. This
82	exception does not prevent an elevator owner from requesting a
83	variance from the applicable codes before or after the
84	expiration of the 5-year term. This subsection does not prohibit
85	the division from granting variances pursuant to s. 120.542 and
86	subsection (8). The division shall adopt rules to administer
87	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.  This act shall take effect July 1, 2010.

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