Florida Senate - 2010 SB 1172
By Senator Bennett
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.
30 Be It Enacted by the Legislature of the State of Florida:
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33 Statutes, is repealed, present subsections (12) through (17) of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:
(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.
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
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
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
152 Section 7. Section 399.16, Florida Statutes, is created to
154 399.16 Unlicensed activity; citations; prohibitions;
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
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
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
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
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.
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.