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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.
   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   33  Statutes, is repealed, present subsections (12) through (17) of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:
   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.
   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         399.16Unlicensed 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         399.17Certified 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.
  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.

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