Bill Text: FL S1172 | 2010 | Regular Session | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Elevator Safety [CPSC]

Spectrum: Partisan Bill (Republican 2-0)

Status: (Introduced - Dead) 2010-04-28 - Placed on Special Order Calendar; Read 2nd time -SJ 00931; Substituted CS/HB 1035 -SJ 00931; Laid on Table, companion bill(s) passed, see CS/HB 1035 (Ch. 2010-110), CS/CS/CS/CS/HB 663 (Ch. 2010-176), CS/CS/CS/SB 1196 (Ch. 2010-174) -SJ 00931 [S1172 Detail]

Download: Florida-2010-S1172-Introduced.html

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Florida Senate - 2010                                    SB 1172 
 
By Senator Bennett 
21-00953-10                                           20101172__ 
1                        A bill to be entitled 
2         An act relating to elevator safety; amending s. 
3         399.01, F.S.; revising definitions; amending s. 
4         399.02, F.S.; conforming a reference to a safety code; 
5         requiring the Division of Hotels and Restaurants of 
6         the Department of Business and Professional Regulation 
7         to adopt rules; authorizing the division to enter 
8         certain buildings; providing for variances; exempting 
9         certain elevators from specific code update 
10         requirements; providing a phase-in period for such 
11         elevators; amending s. 399.035, F.S.; conforming a 
12         reference to certain safety standards; amending s. 
13         399.049, F.S.; specifying additional acts by a 
14         registered elevator company or certificateholder which 
15         are subject to discipline; amending s. 399.061, F.S.; 
16         requiring certain licensees to provide written 
17         responses to departmental requests relating to 
18         inspection reports; amending s. 399.105, F.S.; 
19         extending the time within which an elevator owner may 
20         comply with certain orders to correct; creating s. 
21         399.16, F.S.; providing procedures related to 
22         citations and discipline relating to unlicensed 
23         activity; creating s. 399.17, F.S.; providing 
24         registration and continuing education requirements for 
25         certified elevator inspectors; amending s. 553.509, 
26         F.S.; deleting provisions establishing elevator 
27         requirements for certain residential multifamily 
28         buildings; providing an effective date. 
29 
30  Be It Enacted by the Legislature of the State of Florida: 
31 
32         Section 1. Subsection (11) of section 399.01, Florida 
33  Statutes, is repealed, present subsections (12) through (17) of 
34  that section are redesignated as subsections (11) through (16), 
35  respectively, and present subsection (14) of that section is 
36  amended, to read: 
37         399.01 Definitions.—As used in this chapter, the term: 
38         (13)(14) “Certified elevator inspector” is a natural person 
39  registered with and authorized by the division to construct, 
40  install, inspect, maintain, or repair any vertical conveyance, 
41  after having properly acquired the qualified elevator inspector 
42  credential as prescribed by the American Society of Mechanical 
43  Engineers. Each certified elevator inspector must annually 
44  register with the division and provide proof of completion of 8 
45  hours of continuing education, proof that the qualified elevator 
46  inspector credential remains in good standing, and proof of 
47  general liability insurance coverage in the minimum amounts set 
48  by the division. 
49 
50  All other building transportation terms are defined in the 
51  current Florida Building Code. 
52         Section 2. Paragraph (t) of subsection (3) and subsection 
53  (6) of section 399.02, Florida Statutes, are amended, and 
54  subsections (8) and (9) are added to that section, to read: 
55         399.02 General requirements.— 
56         (3) Equipment not covered by this chapter includes, but is 
57  not limited to: 
58         (t) Equipment covered in s. 1.1.2 1.2 of the Elevator 
59  Safety Code. 
60         (6)(a) The department is empowered to carry out all of the 
61  provisions of this chapter relating to the inspection and 
62  regulation of elevators and to enforce the provisions of the 
63  Florida Building Code. The division shall adopt rules to 
64  administer this chapter. 
65         (b) In order to perform its duties and responsibilities 
66  under this section, the division may enter and have reasonable 
67  access to all buildings and rooms or spaces in which an existing 
68  or newly installed conveyance and equipment are located. 
69         (8) The division may grant variances for undue hardship 
70  pursuant to s. 120.542 and the rules adopted under this section. 
71  Such rules must include a process for requests for variances. 
72  The division may not grant a request for a variance unless it 
73  finds that the variance will not adversely affect the safety of 
74  the public. 
75         (9) Updates to the code requiring modifications for Phase 
76  II Firefighters’ Service on existing elevators, as amended into 
77  the Safety Code for Existing Elevators and Escalators, ASME 
78  A17.1 and A17.3, may not be enforced on elevators in 
79  condominiums issued a certificate of occupancy by the local 
80  building authority as of July 1, 2008, for 5 years or until the 
81  elevator is replaced or requires major modification, whichever 
82  occurs first. This exception does not apply to a building for 
83  which a certificate of occupancy was issued after July 1, 2008. 
84  This exception does not prevent an elevator owner from 
85  requesting a variance from the applicable codes before or after 
86  the expiration of the 5-year term. This subsection does not 
87  prohibit the division from granting variances pursuant to s. 
88  120.542 and subsection (8). The division shall adopt rules to 
89  administer this subsection. 
90         Section 3. Paragraph (c) of subsection (1) of section 
91  399.035, Florida Statutes, is amended to read: 
92         399.035 Elevator accessibility requirements for the 
93  physically handicapped.— 
94         (1) Each elevator, the installation of which is begun after 
95  October 1, 1990, must be made accessible to physically 
96  handicapped persons with the following requirements: 
97         (c) Each elevator covered by this section must be available 
98  to be used at any time to assist the physically handicapped in 
99  an emergency evacuation. The requirements of the latest revision 
100  of s. 2.27.3 211 of the Society of Mechanical Engineers Standard 
101  ASME American National Standards Institute standard ANSI A17.1 
102  must be complied with to meet the requirements of this 
103  paragraph. 
104         Section 4. Subsection (1) of section 399.049, Florida 
105  Statutes, is amended to read: 
106         399.049 Disciplinary action.— 
107         (1) The department may suspend or revoke an elevator 
108  inspector certification, an elevator company registration, an 
109  elevator certificate of competency, or an elevator certificate 
110  of operation issued under this chapter or impose an 
111  administrative penalty of up to $1,000 per violation upon any 
112  registered elevator company or certificateholder who commits any 
113  one or more of the following violations: 
114         (a) Any false statement as to a material matter in an 
115  application for registration, certification, or any permit or 
116  certificate issued under this chapter. 
117         (b) Fraud, misrepresentation, or bribery in the practice of 
118  the profession. 
119         (c) Failure by a certified elevator inspector to provide 
120  the department and the certificate of operation holder with a 
121  copy of the inspection report within 5 days after the date of 
122  any inspection performed after the initial certificate of 
123  operation is issued. 
124         (d) Violation of any provision of this chapter. 
125         (e) Failure by a certified elevator inspector to maintain 
126  his or her qualified elevator inspector credential in good 
127  standing. 
128         (f) Having a license to install, inspect, maintain, or 
129  repair any vertical conveyance revoked, suspended, or otherwise 
130  acted against, including the denial of licensure, by the 
131  licensing authority of another state, territory, or county. 
132         (g) Engaging in fraud or deceit, negligence, incompetency, 
133  or misconduct in the practice of the profession. 
134         Section 5. Subsection (5) is added to section 399.061, 
135  Florida Statutes, to read: 
136         399.061 Inspections; service maintenance contracts; 
137  correction of deficiencies.— 
138         (5) A certified elevator inspector or registered elevator 
139  company shall, upon the written request of the department, 
140  provide a written response that explains the inspection 
141  procedures and applications used to prepare an inspection report 
142  that was found by the department to contain errors or omissions 
143  of code violations or tests. 
144         Section 6. Subsection (4) of section 399.105, Florida 
145  Statutes, is amended to read: 
146         399.105 Administrative fines.— 
147         (4) An elevator owner who fails to comply with an order to 
148  correct issued under s. 399.061(4) within 90 30 days after its 
149  issuance is subject, in addition to any other penalty provided 
150  by law, to an administrative fine in an amount not to exceed 
151  $1,000. 
152         Section 7. Section 399.16, Florida Statutes, is created to 
153  read: 
154         399.16 Unlicensed activity; citations; prohibitions; 
155  penalties.— 
156         (1) The division may issue a citation for unlicensed 
157  activity upon a finding of probable cause that activity 
158  requiring a permit, certificate, or license is being performed 
159  without a valid permit, certificate, or license. The citation 
160  constitutes a stop work order that may be enforced by the 
161  division. 
162         (a) The citation shall be in a form prescribed by rule. The 
163  division may adopt rules to administer this section, including a 
164  schedule of penalties. 
165         (b) The division shall issue a citation to the owner of an 
166  unlicensed elevator, to unlicensed elevator personnel, or to the 
167  owner of an unregistered elevator company. 
168         (c) The activity for which a citation is issued shall cease 
169  upon receipt of the citation and the person who receives the 
170  citation must correct the violation and respond to the civil 
171  penalty, which may not exceed $1,000 per violation, or request 
172  an administrative hearing pursuant to chapter 120. 
173         (2) Each day that a violation continues constitutes a 
174  separate violation. 
175         (3) The remedies in this section are not exclusive and may 
176  be imposed in addition to other remedies in this chapter. 
177         Section 8. Section 399.17, Florida Statutes, is created to 
178  read: 
179         399.17 Certified elevator inspectors; registration.—Each 
180  certified elevator inspector must annually register with the 
181  division and provide proof of completion of 8 hours of 
182  continuing education, proof of good standing, and proof of 
183  general liability insurance coverage in the minimum amounts 
184  established by the division. The registration must remain in 
185  good standing throughout the license year. 
186         Section 9. Section 553.509, Florida Statutes, is amended to 
187  read: 
188         553.509 Vertical accessibility.— 
189         (1) Nothing in ss. 553.501-553.513 or the guidelines shall 
190  be construed to relieve the owner of any building, structure, or 
191  facility governed by those sections from the duty to provide 
192  vertical accessibility to all levels above and below the 
193  occupiable grade level, regardless of whether the guidelines 
194  require an elevator to be installed in such building, structure, 
195  or facility, except for: 
196         (1)(a) Elevator pits, elevator penthouses, mechanical 
197  rooms, piping or equipment catwalks, and automobile lubrication 
198  and maintenance pits and platforms; 
199         (2)(b) Unoccupiable spaces, such as rooms, enclosed spaces, 
200  and storage spaces that are not designed for human occupancy, 
201  for public accommodations, or for work areas; and 
202         (3)(c) Occupiable spaces and rooms that are not open to the 
203  public and that house no more than five persons, including, but 
204  not limited to, equipment control rooms and projection booths. 
205         (2)(a) Any person, firm, or corporation that owns, manages, 
206  or operates a residential multifamily dwelling, including a 
207  condominium, that is at least 75 feet high and contains a public 
208  elevator, as described in s. 399.035(2) and (3) and rules 
209  adopted by the Florida Building Commission, shall have at least 
210  one public elevator that is capable of operating on an alternate 
211  power source for emergency purposes. Alternate power shall be 
212  available for the purpose of allowing all residents access for a 
213  specified number of hours each day over a 5-day period following 
214  a natural disaster, manmade disaster, emergency, or other civil 
215  disturbance that disrupts the normal supply of electricity. The 
216  alternate power source that controls elevator operations must 
217  also be capable of powering any connected fire alarm system in 
218  the building. 
219         (b) At a minimum, the elevator must be appropriately 
220  prewired and prepared to accept an alternate power source and 
221  must have a connection on the line side of the main disconnect, 
222  pursuant to National Electric Code Handbook, Article 700. In 
223  addition to the required power source for the elevator and 
224  connected fire alarm system in the building, the alternate power 
225  supply must be sufficient to provide emergency lighting to the 
226  interior lobbies, hallways, and other portions of the building 
227  used by the public. Residential multifamily dwellings must have 
228  an available generator and fuel source on the property or have 
229  proof of a current contract posted in the elevator machine room 
230  or other place conspicuous to the elevator inspector affirming a 
231  current guaranteed service contract for such equipment and fuel 
232  source to operate the elevator on an on-call basis within 24 
233  hours after a request. By December 31, 2006, any person, firm or 
234  corporation that owns, manages, or operates a residential 
235  multifamily dwelling as defined in paragraph (a) must provide to 
236  the local building inspection agency verification of engineering 
237  plans for residential multifamily dwellings that provide for the 
238  capability to generate power by alternate means. Compliance with 
239  installation requirements and operational capability 
240  requirements must be verified by local building inspectors and 
241  reported to the county emergency management agency by December 
242  31, 2007. 
243         (c) Each newly constructed residential multifamily 
244  dwelling, including a condominium, that is at least 75 feet high 
245  and contains a public elevator, as described in s. 399.035(2) 
246  and (3) and rules adopted by the Florida Building Commission, 
247  must have at least one public elevator that is capable of 
248  operating on an alternate power source for the purpose of 
249  allowing all residents access for a specified number of hours 
250  each day over a 5-day period following a natural disaster, 
251  manmade disaster, emergency, or other civil disturbance that 
252  disrupts the normal supply of electricity. The alternate power 
253  source that controls elevator operations must be capable of 
254  powering any connected fire alarm system in the building. In 
255  addition to the required power source for the elevator and 
256  connected fire alarm system, the alternate power supply must be 
257  sufficient to provide emergency lighting to the interior 
258  lobbies, hallways, and other portions of the building used by 
259  the public. Engineering plans and verification of operational 
260  capability must be provided by the local building inspector to 
261  the county emergency management agency before occupancy of the 
262  newly constructed building. 
263         (d) Each person, firm, or corporation that is required to 
264  maintain an alternate power source under this subsection shall 
265  maintain a written emergency operations plan that details the 
266  sequence of operations before, during, and after a natural or 
267  manmade disaster or other emergency situation. The plan must 
268  include, at a minimum, a lifesafety plan for evacuation, 
269  maintenance of the electrical and lighting supply, and 
270  provisions for the health, safety, and welfare of the residents. 
271  In addition, the owner, manager, or operator of the residential 
272  multifamily dwelling must keep written records of any contracts 
273  for alternative power generation equipment. Also, quarterly 
274  inspection records of lifesafety equipment and alternate power 
275  generation equipment must be posted in the elevator machine room 
276  or other place conspicuous to the elevator inspector, which 
277  confirm that such equipment is properly maintained and in good 
278  working condition, and copies of contracts for alternate power 
279  generation equipment shall be maintained on site for 
280  verification. The written emergency operations plan and 
281  inspection records shall also be open for periodic inspection by 
282  local and state government agencies as deemed necessary. The 
283  owner or operator must keep a generator key in a lockbox posted 
284  at or near any installed generator unit. 
285         (e) Multistory affordable residential dwellings for persons 
286  age 62 and older that are financed or insured by the United 
287  States Department of Housing and Urban Development must make 
288  every effort to obtain grant funding from the Federal Government 
289  or the Florida Housing Finance Corporation to comply with this 
290  subsection. If an owner of such a residential dwelling cannot 
291  comply with the requirements of this subsection, the owner must 
292  develop a plan with the local emergency management agency to 
293  ensure that residents are evacuated to a place of safety in the 
294  event of a power outage resulting from a natural or manmade 
295  disaster or other emergency situation that disrupts the normal 
296  supply of electricity for an extended period of time. A place of 
297  safety may include, but is not limited to, relocation to an 
298  alternative site within the building or evacuation to a local 
299  shelter. 
300         (f) As a part of the annual elevator inspection required 
301  under s. 399.061, certified elevator inspectors shall confirm 
302  that all installed generators required by this chapter are in 
303  working order, have current inspection records posted in the 
304  elevator machine room or other place conspicuous to the elevator 
305  inspector, and that the required generator key is present in the 
306  lockbox posted at or near the installed generator. If a building 
307  does not have an installed generator, the inspector shall 
308  confirm that the appropriate prewiring and switching 
309  capabilities are present and that a statement is posted in the 
310  elevator machine room or other place conspicuous to the elevator 
311  inspector affirming a current guaranteed contract exists for 
312  contingent services for alternate power is current for the 
313  operating period. 
314 
315  However, buildings, structures, and facilities must, as a 
316  minimum, comply with the requirements in the Americans with 
317  Disabilities Act Accessibility Guidelines. 
318         Section 10. This act shall take effect July 1, 2010.