The Florida Senate

¹399.02  General requirements.--

(1)  The division shall adopt by rule an elevator safety code, which applies to the installation, relocation, or alteration of an elevator for which a permit has been issued after October 1, 1990, and which must be the same as or similar to the latest revision of "The Safety Code For Elevators and Escalators ASME A17.1."

(2)(a)  The requirements of this chapter apply to equipment covered by s. 1.1 of the Elevator Safety Code.

(b)  The equipment not covered by this chapter includes, but is not limited to, the following: elevators, inclined stairway chairlifts, and inclined or vertical wheelchair lifts located in private residences; elevators in television and radio towers; hand-operated dumbwaiters; sewage pump station lifts; automobile parking lifts; and equipment covered in s. 1.2 of the Elevator Safety Code.

(3)  The division may grant exceptions to the Elevator Safety Code as authorized by the Elevator Safety Code.

(4)  Each elevator shall have a serial number assigned by the division painted on or attached to the elevator car in plain view and also to the driving mechanism. This serial number shall be shown on all required certificates and permits.

(5)(a)  The construction permitholder is responsible for the correction of violations and deficiencies until the elevator has been inspected and a certificate of operation has been issued by the division. The construction permitholder is responsible for all tests of new and altered equipment until the elevator has been inspected and a certificate of operation has been issued by the division.

(b)  The elevator owner is responsible for the safe operation and proper maintenance of the elevator after it has been inspected and a certificate of operation has been issued by the division. The responsibilities of the elevator owner may be assigned by lease.

(c)  The elevator owner shall report to the division 60 days before the expiration of the certificate of operation whether there exists a service maintenance contract, with whom the contract exists, and the details concerning the provisions and implementation of the contract which the division requires. The division shall keep the names of companies with whom the contract exists confidential pursuant to the public records exemption provided in ²s. 119.14(4)(b)3. This annual contract report must be made on forms supplied by the division. The elevator owner must report any material change in the service maintenance contract no fewer than 30 days before the effective date of the change. The division shall determine whether the provisions of the service maintenance contract and its implementation ensure the safe operation of the elevator.

(d)  Each elevator company must register and have on file with the division a certificate of comprehensive general liability insurance evidencing coverage limits in the minimum amounts of $100,000 per person and $300,000 per occurrence and the name of at least one employee who holds a current certificate of competency issued under s. 399.045.

(6)  The division is hereby empowered to carry out all of the provisions of this chapter relating to the inspection and regulation of elevators to provide for the protection of the public health, welfare, and safety.

History.--s. 2, ch. 24096, 1947; s. 2, ch. 57-227; ss. 16, 35, ch. 69-106; ss. 2, 3, 4, ch. 71-228; s. 1, ch. 74-17; s. 4, ch. 77-109; s. 3, ch. 78-235; s. 2, ch. 81-120; s. 2, ch. 81-318; ss. 2, 16, 17, ch. 83-145; s. 2, ch. 90-73; ss. 2, 8, ch. 93-16; s. 224, ch. 96-406; s. 24, ch. 2000-141.

¹Note.--Section 24, ch. 2000-141, amended s. 399.02, effective July 1, 2001, to read:

399.02  General requirements.--

(1)  The division shall develop and submit to the Florida Building Commission for consideration an elevator safety code, which, when adopted within the Florida Building Code, applies to the installation, relocation, or alteration of an elevator for which a permit has been issued after October 1, 1990, and which must be the same as or similar to the latest revision of "The Safety Code for Elevators and Escalators ASME A17.1."

(2)(a)  The requirements of this chapter apply to equipment covered by s. 1.1 of the Elevator Safety Code.

(b)  The equipment not covered by this chapter includes, but is not limited to, the following: elevators, inclined stairway chairlifts, and inclined or vertical wheelchair lifts located in private residences; elevators in television and radio towers; hand-operated dumbwaiters; sewage pump station lifts; automobile parking lifts; and equipment covered in s. 1.2 of the Elevator Safety Code.

(3)  Each elevator shall have a serial number assigned by the division painted on or attached to the elevator car in plain view and also to the driving mechanism. This serial number shall be shown on all required certificates and permits.

(4)(a)  The construction permitholder is responsible for the correction of violations and deficiencies until the elevator has been inspected and a certificate of operation has been issued by the division. The construction permitholder is responsible for all tests of new and altered equipment until the elevator has been inspected and a certificate of operation has been issued by the division.

(b)  The elevator owner is responsible for the safe operation and proper maintenance of the elevator after it has been inspected and a certificate of operation has been issued by the division. The responsibilities of the elevator owner may be assigned by lease.

(c)  The elevator owner shall report to the division 60 days before the expiration of the certificate of operation whether there exists a service maintenance contract, with whom the contract exists, and the details concerning the provisions and implementation of the contract which the division requires. The division shall keep the names of companies with whom the contract exists confidential pursuant to the public records exemption provided in ²s. 119.14(4)(b)3. This annual contract report must be made on forms supplied by the division. The elevator owner must report any material change in the service maintenance contract no fewer than 30 days before the effective date of the change. The division shall determine whether the provisions of the service maintenance contract and its implementation ensure the safe operation of the elevator.

(d)  Each elevator company must register and have on file with the division a certificate of comprehensive general liability insurance evidencing coverage limits in the minimum amounts of $100,000 per person and $300,000 per occurrence and the name of at least one employee who holds a current certificate of competency issued under s. 399.045.

(5)  The division is empowered to carry out all of the provisions of this chapter relating to the inspection and regulation of elevators and to enforce the provisions of the Florida Building Code which govern elevators and conveying systems in conducting the inspections authorized under this part to provide for the protection of the public health, welfare, and safety.

(6)  The division shall annually review the provisions of the Safety Code for Elevators and Escalators ASME A17.1, or other related model codes and amendments thereto, and recommend to the Florida Building Commission revisions to the Florida Building Code to maintain the protection of the public health, safety, and welfare.

²Note.--Repealed by s. 1, ch. 95-217.