HB 375

1
A bill to be entitled
2An act relating to regulation of hoisting equipment used
3in construction, demolition, or excavation work; creating
4s. 489.1138, F.S.; defining the terms "hoisting
5equipment," "mobile crane," and "tower crane"; requiring
6an applicant for a building permit to submit certain
7information to a local building official; requiring radio
8communications between certain crane operators; requiring
9certain preparations for a hurricane or high-wind event;
10requiring a preparedness plan for certain cranes;
11requiring that hoisting equipment be secured in a
12specified manner under certain circumstances; providing
13penalties for violation of the act by certain licensed
14contractors; preempting regulation of hoisting equipment
15and persons operating the equipment to the state;
16providing that the act does not apply to the regulation of
17elevators; providing an effective date.
18
19     WHEREAS, cranes, derricks, hoists, elevators, and conveyors
20used in construction, demolition, or excavation work are
21currently regulated under federal rules adopted by the
22Occupational Safety and Health Administration in 29 C.F.R. parts
231910 and 1926, and
24     WHEREAS, the Occupational Safety and Health Administration
25has conducted a thorough and exhaustive review of these rules in
26an effort to better protect against the hazards presented by
27these types of hoisting equipment, and
28     WHEREAS, the review conducted by the Occupational Safety
29and Health Administration was undertaken in consultation with
30many of the most knowledgeable engineering, construction, and
31safety experts in the nation and in the world, and
32     WHEREAS, this review has culminated in the production of
33proposed rules setting forth comprehensive and detailed new
34regulations applicable to cranes, derricks, hoists, elevators,
35and conveyors, and to the operators of these types of hoisting
36equipment, as published in the Federal Register on October 9,
372008, and
38     WHEREAS, the Occupational Safety and Health Administration
39should be commended and supported in these efforts, and
40     WHEREAS, cranes, derricks, hoists, elevators, and conveyors
41are routinely transported across city, county, and state lines,
42making uniform federal regulation of these types of hoisting
43equipment and their operators essential to commerce, to
44Florida's economic competitiveness, and to minimizing
45construction costs in our state, and
46     WHEREAS, the Occupational Safety and Health Administration
47has recently entered into a strategic alliance with the
48Associated Builders and Contractors of Florida, the South
49Florida Chapter of the Associated General Contractors of
50America, the Construction Association of South Florida, and the
51Florida Crane Owners Council to improve crane safety, NOW,
52THEREFORE,
53
54Be It Enacted by the Legislature of the State of Florida:
55
56     Section 1.  Section 489.1138, Florida Statutes, is created
57to read:
58     489.1138  Regulation of hoisting equipment used in
59construction, demolition, or excavation work.-
60     (1)  As used in this section, the term:
61     (a)  "Hoisting equipment" means power-operated cranes,
62derricks, hoists, elevators, and conveyors used in construction,
63demolition, or excavation work that are regulated by the
64Occupational Safety and Health Administration under 29 C.F.R.
65parts 1910 and 1926.
66     (b)  "Mobile crane" means a type of hoisting equipment
67incorporating a cable-suspended latticed boom or hydraulic
68telescoping boom designed to be moved between operating
69locations by transport over a roadway. The term does not include
70a mobile crane with a boom length of less than 25 feet or a
71maximum rated load capacity of less than 15,000 pounds.
72     (c)  "Tower crane" means a type of hoisting equipment using
73a vertical mast or tower to support a working boom in an
74elevated position, where the working boom can rotate to move
75loads laterally either by rotating at the top of the mast or
76tower or by the rotation of the mast or tower itself, whether
77the mast or tower base is fixed in one location or ballasted and
78moveable between locations.
79     (2)  An applicant for a building permit for construction,
80demolition, or excavation work involving the use of a tower
81crane or mobile crane must submit to the local building official
82of the appropriate county, municipality, or other political
83subdivision:
84     (a)  A site plan accurately identifying the location of the
85crane, clearances from above-ground power lines, the location of
86adjacent buildings, and the structural foundation of the crane.
87     (b)  Documentation of compliance with the requirements of
88all governmental authorities related to operation of the crane
89on the work site, including compliance with the lighting
90requirements of the Federal Aviation Administration.
91     (3)  When two or more tower cranes or mobile cranes are
92operating within the same swing radius, there must be at all
93times a clear, independent, and operable channel of radio
94communications between the persons operating the cranes.
95     (4)(a)  When a tower crane or mobile crane is located on a
96work site, a hurricane and high-wind event preparedness plan for
97the crane must be available for inspection at the site.
98     (b)  In preparation for a hurricane or high-wind event,
99hoisting equipment must be secured in the following manner:
100     1.  All hoisting equipment must be secured in compliance
101with manufacturer recommendations relating to hurricane and
102high-wind events, including any recommendations relating to the
103placement, use, and removal of advertising banners and rigging.
104     2.  Tower crane turntables must be lubricated before the
105event.
106     3.  Fixed booms on mobile cranes must be laid down whenever
107feasible.
108     4.  Booms on hydraulic cranes must be retracted and stored.
109     5.  The counterweights of any hoists must be locked below
110the top tie-in.
111     6.  Tower cranes must be set in the weathervane position.
112     7.  All rigging must be removed from hoist blocks.
113     8.  All power at the base of tower cranes must be
114disconnected.
115     (5)  A person licensed under this part who intentionally
116violates this section is subject to discipline under ss. 455.227
117and 489.129.
118     (6)  This section preempts any local act, law, ordinance,
119or regulation, including, but not limited to, a local building
120code or building permit requirement, of a county, municipality,
121or other political subdivision that pertains to the regulation
122of hoisting equipment and persons operating the equipment in the
123state.
124     (7)  This section does not apply to the regulation of
125elevators under chapter 399.
126     Section 2.  This act shall take effect upon becoming a law.


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