Florida Senate - 2012 SENATOR AMENDMENT Bill No. CS for CS for HB 521 Barcode 290336 LEGISLATIVE ACTION Senate . House . . . Floor: WD . 03/07/2012 09:25 PM . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— Senator Bennett moved the following: 1 Senate Amendment (with title amendment) 2 3 Between lines 26 and 27 4 insert: 5 Section 2. Section 489.1138, Florida Statutes, is created 6 to read: 7 489.1138 Regulation of hoisting equipment used in 8 construction, demolition, or excavation work.— 9 (1) As used in this section, the term: 10 (a) “Hoisting equipment” means power-operated cranes, 11 derricks, hoists, elevators, and conveyors used in construction, 12 demolition, or excavation work that are regulated by the 13 Occupational Safety and Health Administration under 29 C.F.R. 14 parts 1910 and 1926. 15 (b) “Mobile crane” means a type of hoisting equipment 16 incorporating a cable-suspended latticed boom or hydraulic 17 telescoping boom designed to be moved between operating 18 locations by transport over a roadway. The term does not include 19 a mobile crane with a boom length of less than 25 feet or a 20 maximum rated load capacity of less than 15,000 pounds. 21 (c) “Tower crane” means a type of hoisting equipment using 22 a vertical mast or tower to support a working boom in an 23 elevated position, where the working boom can rotate to move 24 loads laterally either by rotating at the top of the mast or 25 tower or by the rotation of the mast or tower itself, whether 26 the mast or tower base is fixed in one location or ballasted and 27 moveable between locations. 28 (2) An applicant for a building permit for construction, 29 demolition, or excavation work involving the use of a tower 30 crane or mobile crane must submit to the local building official 31 of the appropriate county, municipality, or other political 32 subdivision: 33 (a) A site plan accurately identifying the location of the 34 crane, clearances from above-ground power lines, the location of 35 adjacent buildings, and the structural foundation of the crane. 36 (b) Documentation of compliance with the requirements of 37 all governmental authorities related to operation of the crane 38 on the work site, including compliance with the lighting 39 requirements of the Federal Aviation Administration. 40 (3) When two or more tower cranes or mobile cranes are 41 operating within the same swing radius, there must be at all 42 times a clear, independent, and operable channel of radio 43 communications between the persons operating the cranes. 44 (4)(a) When a tower crane or mobile crane is located on a 45 work site, a hurricane and high-wind event preparedness plan for 46 the crane must be available for inspection at the site. 47 (b) In preparation for a hurricane or high-wind event, 48 hoisting equipment must be secured in the following manner: 49 1. All hoisting equipment must be secured in compliance 50 with manufacturer recommendations relating to hurricane and 51 high-wind events, including any recommendations relating to the 52 placement, use, and removal of advertising banners and rigging. 53 2. Tower crane turntables must be lubricated before the 54 event. 55 3. Fixed booms on mobile cranes must be laid down whenever 56 feasible. 57 4. Booms on hydraulic cranes must be retracted and stored. 58 5. The counterweights of any hoists must be locked below 59 the top tie-in. 60 6. Tower cranes must be set in the weathervane position. 61 7. All rigging must be removed from hoist blocks. 62 8. All power at the base of tower cranes must be 63 disconnected. 64 (5) A person licensed under this part who intentionally 65 violates this section is subject to discipline under ss. 455.227 66 and 489.129. 67 68 ================= T I T L E A M E N D M E N T ================ 69 And the title is amended as follows: 70 Delete lines 2 - 7 71 and insert: 72 An act relating to regulation of hoisting equipment 73 used in construction, demolition, or excavation work; 74 amending s. 489.113, F.S.; preempting to the state the 75 regulation of certain hoisting equipment; providing 76 that the act does not apply to the regulation of 77 elevators or to airspace height restrictions; creating 78 s. 489.1138, F.S.; defining the terms “hoisting 79 equipment,” “mobile crane,” and “tower crane”; 80 requiring an applicant for a building permit to submit 81 certain information to a local building official; 82 requiring radio communications between certain crane 83 operators; requiring certain preparations for a 84 hurricane or high-wind event; requiring a preparedness 85 plan for certain cranes; requiring that hoisting 86 equipment be secured in a specified manner under 87 certain circumstances; providing penalties for 88 violation of the act by certain licensed contractors; 89 providing an effective date. 90 91 WHEREAS, cranes, derricks, hoists, elevators, and conveyors 92 used in construction, demolition, or excavation work are 93 currently regulated under federal rules adopted by the 94 Occupational Safety and Health Administration in 29 C.F.R. parts 95 1910 and 1926, and 96 WHEREAS, the Occupational Safety and Health Administration 97 has conducted a thorough and exhaustive review of these rules in 98 an effort to better protect against the hazards presented by 99 these types of hoisting equipment, and 100 WHEREAS, the review conducted by the Occupational Safety 101 and Health Administration was undertaken in consultation with 102 many of the most knowledgeable engineering, construction, and 103 safety experts in the nation and in the world, and 104 WHEREAS, this review has culminated in the production of 105 proposed rules setting forth comprehensive and detailed new 106 regulations applicable to cranes, derricks, hoists, elevators, 107 and conveyors, and to the operators of these types of hoisting 108 equipment, as published in the Federal Register on October 9, 109 2008, and 110 WHEREAS, the Occupational Safety and Health Administration 111 should be commended and supported in these efforts, and 112 WHEREAS, cranes, derricks, hoists, elevators, and conveyors 113 are routinely transported across city, county, and state lines, 114 making uniform federal regulation of these types of hoisting 115 equipment and their operators essential to commerce, to 116 Florida’s economic competitiveness, and to minimizing 117 construction costs in our state, and 118 WHEREAS, the Occupational Safety and Health Administration 119 entered into a strategic alliance with the Associated Builders 120 and Contractors of Florida, the South Florida Chapter of the 121 Associated General Contractors of America, the Construction 122 Association of South Florida, and the Florida Crane Owners 123 Council to improve crane safety, NOW, THEREFORE,