Florida Senate - 2010                             CS for SB 1172
       By the Committee on Regulated Industries; and Senator Bennett
       580-03083-10                                          20101172c1
    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; providing an effective
   26         date.
   28  Be It Enacted by the Legislature of the State of Florida:
   30         Section 1. Subsection (11) of section 399.01, Florida
   31  Statutes, is repealed, present subsections (12) through (17) of
   32  that section are redesignated as subsections (11) through (16),
   33  respectively, and present subsection (14) of that section is
   34  amended, to read:
   35         399.01 Definitions.—As used in this chapter, the term:
   36         (13)(14) “Certified elevator inspector” is a natural person
   37  registered with and authorized by the division to construct,
   38  install, inspect, maintain, or repair any vertical conveyance,
   39  after having properly acquired the qualified elevator inspector
   40  credential as prescribed by the American Society of Mechanical
   41  Engineers. Each certified elevator inspector must annually
   42  register with the division and provide proof of completion of 8
   43  hours of continuing education, proof that the qualified elevator
   44  inspector credential remains in good standing, and proof of
   45  general liability insurance coverage in the minimum amounts set
   46  by the division.
   48  All other building transportation terms are defined in the
   49  current Florida Building Code.
   50         Section 2. Paragraph (t) of subsection (3) and subsection
   51  (6) of section 399.02, Florida Statutes, are amended, and
   52  subsections (8) and (9) are added to that section, to read:
   53         399.02 General requirements.—
   54         (3) Equipment not covered by this chapter includes, but is
   55  not limited to:
   56         (t) Equipment covered in s. 1.1.2 1.2 of the Elevator
   57  Safety Code.
   58         (6)(a) The department is empowered to carry out all of the
   59  provisions of this chapter relating to the inspection and
   60  regulation of elevators and to enforce the provisions of the
   61  Florida Building Code. The division shall adopt rules to
   62  administer this chapter.
   63         (b) In order to perform its duties and responsibilities
   64  under this section, the division may enter and have reasonable
   65  access to all buildings and rooms or spaces in which an existing
   66  or newly installed conveyance and equipment are located.
   67         (8)The division may grant variances for undue hardship
   68  pursuant to s. 120.542 and the rules adopted under this section.
   69  Such rules must include a process for requests for variances.
   70  The division may not grant a request for a variance unless it
   71  finds that the variance will not adversely affect the safety of
   72  the public.
   73         (9)Updates to the code requiring modifications for Phase
   74  II Firefighters’ Service on existing elevators, as amended into
   75  the Safety Code for Existing Elevators and Escalators, ASME
   76  A17.1 and A17.3, may not be enforced on elevators in
   77  condominiums or multi-family residential buildings, including
   78  those that are part of a continuing care facility licensed under
   79  chapter 651 or similar retirement community with apartments,
   80  issued a certificate of occupancy by the local building
   81  authority as of July 1, 2008, for 5 years or until the elevator
   82  is replaced or requires major modification, whichever occurs
   83  first. This exception does not apply to a building for which a
   84  certificate of occupancy was issued after July 1, 2008. This
   85  exception does not prevent an elevator owner from requesting a
   86  variance from the applicable codes before or after the
   87  expiration of the 5-year term. This subsection does not prohibit
   88  the division from granting variances pursuant to s. 120.542 and
   89  subsection (8). The division shall adopt rules to administer
   90  this subsection.
   91         Section 3. Paragraph (c) of subsection (1) of section
   92  399.035, Florida Statutes, is amended to read:
   93         399.035 Elevator accessibility requirements for the
   94  physically handicapped.—
   95         (1) Each elevator, the installation of which is begun after
   96  October 1, 1990, must be made accessible to physically
   97  handicapped persons with the following requirements:
   98         (c) Each elevator covered by this section must be available
   99  to be used at any time to assist the physically handicapped in
  100  an emergency evacuation. The requirements of the latest revision
  101  of s. 2.27 211 of the American Society of Mechanical Engineers
  102  Standard ASME American National Standards Institute standard
  103  ANSI A17.1 must be complied with to meet the requirements of
  104  this paragraph.
  105         Section 4. Subsection (1) of section 399.049, Florida
  106  Statutes, is amended to read:
  107         399.049 Disciplinary action.—
  108         (1) The department may suspend or revoke an elevator
  109  inspector certification, an elevator company registration, an
  110  elevator certificate of competency, or an elevator certificate
  111  of operation issued under this chapter or impose an
  112  administrative penalty of up to $1,000 per violation upon any
  113  registered elevator company or certificateholder who commits any
  114  one or more of the following violations:
  115         (a) Any false statement as to a material matter in an
  116  application for registration, certification, or any permit or
  117  certificate issued under this chapter.
  118         (b) Fraud, misrepresentation, or bribery in the practice of
  119  the profession.
  120         (c) Failure by a certified elevator inspector to provide
  121  the department and the certificate of operation holder with a
  122  copy of the inspection report within 5 days after the date of
  123  any inspection performed after the initial certificate of
  124  operation is issued.
  125         (d) Violation of any provision of this chapter.
  126         (e)Failure by a certified elevator inspector to maintain
  127  his or her qualified elevator inspector credential in good
  128  standing.
  129         (f)Having a license to install, inspect, maintain, or
  130  repair any vertical conveyance revoked, suspended, or otherwise
  131  acted against, including the denial of licensure, by the
  132  licensing authority of another state, territory, or county.
  133         (g)Engaging in fraud or deceit, negligence, incompetency,
  134  or misconduct in the practice of the profession.
  135         Section 5. Subsection (5) is added to section 399.061,
  136  Florida Statutes, to read:
  137         399.061 Inspections; service maintenance contracts;
  138  correction of deficiencies.—
  139         (5) A certified elevator inspector or registered elevator
  140  company shall, upon the written request of the department,
  141  provide a written response that explains the inspection
  142  procedures and applications used to prepare an inspection report
  143  that was found by the department to contain errors or omissions
  144  of code violations or tests.
  145         Section 6. Subsection (4) of section 399.105, Florida
  146  Statutes, is amended to read:
  147         399.105 Administrative fines.—
  148         (4) An elevator owner who fails to comply with an order to
  149  correct issued under s. 399.061(4) within 90 30 days after its
  150  issuance is subject, in addition to any other penalty provided
  151  by law, to an administrative fine in an amount not to exceed
  152  $1,000.
  153         Section 7. Section 399.16, Florida Statutes, is created to
  154  read:
  155         399.16Unlicensed activity; citations; prohibitions;
  156  penalties.—
  157         (1)The division may issue a citation for unlicensed
  158  activity upon a finding of probable cause that activity
  159  requiring a permit, certificate, or license is being performed
  160  without a valid permit, certificate, or license. The citation
  161  constitutes a stop work order that may be enforced by the
  162  division.
  163         (a)The citation shall be in a form prescribed by rule. The
  164  division may adopt rules to administer this section, including a
  165  schedule of penalties.
  166         (b)The division shall issue a citation to the owner of an
  167  unlicensed elevator, to unlicensed elevator personnel, or to the
  168  owner of an unregistered elevator company.
  169         (c)The activity for which a citation is issued shall cease
  170  upon receipt of the citation and the person who receives the
  171  citation must correct the violation and respond to the civil
  172  penalty, which may not exceed $1,000 per violation, or request
  173  an administrative hearing pursuant to chapter 120.
  174         (2)Each day that a violation continues constitutes a
  175  separate violation.
  176         (3)The remedies in this section are not exclusive and may
  177  be imposed in addition to other remedies in this chapter.
  178         Section 8. Section 399.17, Florida Statutes, is created to
  179  read:
  180         399.17Certified elevator inspectors; registration.—Each
  181  certified elevator inspector must annually register with the
  182  division and provide proof of completion of 8 hours of
  183  continuing education, proof of good standing, and proof of
  184  general liability insurance coverage in the minimum amounts
  185  established by the division. The registration must remain in
  186  good standing throughout the license year.
  187         Section 9. This act shall take effect July 1, 2010.

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