January 27, 2021
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The Florida Statutes

The 2001 Florida Statutes

Title XXIX
Public Health
Chapter 399
Elevator Safety
View Entire Chapter
Section 399.07, Florida Statutes 2001

399.07  Certificates of operation; temporary operation permits; fees.--

(1)(a)  A certificate of operation may not be issued until the elevator company supervisor signs an affidavit stating that the elevator company supervisor directly supervised construction or installation of the elevator.

(b)  The certificate of operation is valid for a period of 1 year unless sooner suspended or revoked. The department shall by rule adopt a fee schedule for the renewal of certificates of operation. The renewal period commences on August 1 of each year.

(c)  The certificate of operation must be posted in a conspicuous location on the elevator and must be framed with a transparent cover.

(d)  The department shall charge an annual fee for issuance of a certificate of operation in an amount to be set by rule. However, a renewal application for a certificate of operation filed with the department after expiration date of the certificate must be accompanied by a delinquency fee of $50 in addition to the annual renewal fee and any other fees required by law. The fees must be deposited into the Hotel and Restaurant Trust Fund.

(2)(a)  The department may issue a temporary operation permit authorizing the temporary use of an elevator during installation or alteration to an elevator company or general contractor acting as a general agent of an elevator company. A temporary operation permit may not be issued until the elevator has been inspected by a state elevator inspector and tested under contract load; the hoistway is fully enclosed; the hoistway doors and interlocks are installed; the car is completely enclosed, including door or gate and top; all electrical safety devices are installed and properly functioning; and terminal stopping equipment is in place for a safe runby and proper clearance. When a car is provided with a temporary enclosure, the operating means must be by constant pressure push-button or lever-type switch. The car may not exceed the minimum safe operating speed of the elevator, and the governor tripping speed must be set in accordance with the operating speed of the elevator.

(b)  A temporary operation permit must be issued for a period not to exceed 30 days. The permit may be renewed at the discretion of the department.

(c)  When a temporary operation permit is issued, the permit, together with a notice bearing a statement that the elevator has not been finally approved by a state elevator inspector, must be conspicuously posted in the elevator.

(d)  The department shall charge a fee, set by rule in an amount not greater than $100, for each temporary operation permit. The fee must be deposited in the Hotel and Restaurant Trust Fund.

(3)  The certificate of operation shall contain the text of s. 823.12, relating to the prohibition against smoking in elevators.

(4)  In addition to subsection (3), the designation "NO SMOKING" along with the international symbol for no smoking shall be conspicuously displayed within the interior of the elevator in the plain view of the public.

(5)  Except as authorized by a temporary operation permit, the operation or use of any newly installed, relocated, or altered elevator is prohibited until the elevator has passed the tests and inspections required by this chapter and a certificate of operation has been issued.

(6)  The department may suspend any certificate of operation if it finds that the elevator is not in compliance with this chapter or of rules adopted under this chapter. The suspension remains in effect until the department determines, by inspection, that the elevator has been brought into compliance.

History.--s. 7, ch. 24096, 1947; s. 11, ch. 25035, 1949; ss. 16, 35, ch. 69-106; s. 11, ch. 71-228; s. 2, ch. 74-115; s. 11, ch. 81-120; s. 2, ch. 81-318; ss. 8, 16, 17, ch. 83-145; s. 6, ch. 90-73; ss. 6, 8, ch. 93-16; s. 11, ch. 2001-186.

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