Florida Senate - 2012 SENATOR AMENDMENT
Bill No. CS for CS for HB 521
Barcode 290336
LEGISLATIVE ACTION
Senate . House
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Floor: WD .
03/07/2012 09:25 PM .
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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,