September 20, 2020
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       Florida Senate - 2010                             CS for SB 1174
       
       
       
       By the Committee on Regulated Industries; and Senator Altman
       
       
       
       
       580-04334-10                                          20101174c1
    1                        A bill to be entitled                      
    2         An act relating to the regulation of hoisting
    3         equipment used in construction, demolition, or
    4         excavation work; creating s. 489.1138, F.S.; defining
    5         the terms “hoisting equipment,” “mobile crane,” and
    6         “tower crane”; requiring an applicant for a building
    7         permit to submit certain information to a local
    8         building official; requiring radio communications
    9         between certain crane operators; requiring certain
   10         preparations for a hurricane or high-wind event;
   11         requiring a preparedness plan for certain cranes;
   12         requiring that hoisting equipment be secured in a
   13         specified manner under certain circumstances;
   14         providing penalties for violation of the act by
   15         certain licensed contractors; preempting regulation of
   16         hoisting equipment and persons operating the equipment
   17         to the state; providing exemptions; providing an
   18         effective date.
   19  
   20         WHEREAS, cranes, derricks, hoists, elevators, and conveyors
   21  used in construction, demolition, or excavation work are
   22  currently regulated under federal rules adopted by the
   23  Occupational Safety and Health Administration in 29 C.F.R. parts
   24  1910 and 1926, and
   25         WHEREAS, the Occupational Safety and Health Administration
   26  has conducted a thorough and exhaustive review of these rules in
   27  an effort to better protect against the hazards presented by
   28  these types of hoisting equipment, and
   29         WHEREAS, the review conducted by the Occupational Safety
   30  and Health Administration was undertaken in consultation with
   31  many of the most knowledgeable engineering, construction, and
   32  safety experts in the nation and in the world, and
   33         WHEREAS, this review has culminated in the production of
   34  proposed rules setting forth comprehensive and detailed new
   35  regulations applicable to cranes, derricks, hoists, elevators,
   36  and conveyors, and to the operators of these types of hoisting
   37  equipment, as published in the Federal Register on October 9,
   38  2008, and
   39         WHEREAS, the Occupational Safety and Health Administration
   40  should be commended and supported in these efforts, and
   41         WHEREAS, cranes, derricks, hoists, elevators, and conveyors
   42  are routinely transported across city, county, and state lines,
   43  making uniform federal regulation of these types of hoisting
   44  equipment and their operators essential to commerce, to
   45  Florida’s economic competitiveness, and to minimizing
   46  construction costs in our state, and
   47         WHEREAS, the Occupational Safety and Health Administration
   48  has recently entered into a strategic alliance with the
   49  Associated Builders and Contractors of Florida, the South
   50  Florida Chapter of the Associated General Contractors of
   51  America, the Construction Association of South Florida, and the
   52  Florida Crane Owners Council to improve crane safety, NOW,
   53  THEREFORE,
   54  
   55  Be It Enacted by the Legislature of the State of Florida:
   56  
   57         Section 1. Section 489.1138, Florida Statutes, is created
   58  to read:
   59         489.1138 Regulation of hoisting equipment used in
   60  construction, demolition, or excavation work.—
   61         (1) As used in this section, the term:
   62         (a) “Hoisting equipment” means power-operated cranes,
   63  derricks, hoists, elevators, and conveyors used in construction,
   64  demolition, or excavation work that are regulated by the
   65  Occupational Safety and Health Administration under 29 C.F.R.
   66  parts 1910 and 1926.
   67         (b) “Mobile crane” means a type of hoisting equipment
   68  incorporating a cable-suspended latticed boom or hydraulic
   69  telescoping boom designed to be moved between operating
   70  locations by transport over a roadway. The term does not include
   71  a mobile crane with a boom length of less than 25 feet or a
   72  maximum rated load capacity of less than 15,000 pounds.
   73         (c) “Tower crane” means a type of hoisting equipment using
   74  a vertical mast or tower to support a working boom in an
   75  elevated position, where the working boom can rotate to move
   76  loads laterally either by rotating at the top of the mast or
   77  tower or by the rotation of the mast or tower itself, whether
   78  the mast or tower base is fixed in one location or ballasted and
   79  moveable between locations.
   80         (2) An applicant for a building permit for construction,
   81  demolition, or excavation work involving the use of a tower
   82  crane or mobile crane must submit to the local building official
   83  of the appropriate county, municipality, or other political
   84  subdivision:
   85         (a) A site plan accurately identifying the location of the
   86  crane, clearances from above-ground power lines, the location of
   87  adjacent buildings, and the structural foundation of the crane.
   88         (b) Documentation of compliance with the requirements of
   89  all governmental authorities related to operation of the crane
   90  on the work site, including compliance with the lighting
   91  requirements of the Federal Aviation Administration.
   92         (3) When two or more tower cranes or mobile cranes are
   93  operating within the same swing radius, there must be at all
   94  times a clear, independent, and operable channel of radio
   95  communications between the persons operating the cranes.
   96         (4)(a) When a tower crane or mobile crane is located on a
   97  work site, a hurricane and high-wind event preparedness plan for
   98  the crane must be available for inspection at the site.
   99         (b) In preparation for a hurricane or high-wind event,
  100  hoisting equipment must be secured in the following manner:
  101         1. All hoisting equipment must be secured in compliance
  102  with manufacturer recommendations relating to hurricane and
  103  high-wind events, including any recommendations relating to the
  104  placement, use, and removal of advertising banners and rigging.
  105         2. Tower crane turntables must be lubricated before the
  106  event.
  107         3. Fixed booms on mobile cranes must be laid down whenever
  108  feasible.
  109         4. Booms on hydraulic cranes must be retracted and stored.
  110         5. The counterweights of any hoists must be locked below
  111  the top tie-in.
  112         6. Tower cranes must be set in the weathervane position.
  113         7. All rigging must be removed from hoist blocks.
  114         8. All power at the base of tower cranes must be
  115  disconnected.
  116         (5) A person licensed under this part who intentionally
  117  violates this section is subject to discipline under ss. 455.227
  118  and 489.129.
  119         (6) This section preempts any local act, law, ordinance, or
  120  regulation, including, but not limited to, a local building code
  121  or building permit requirement, of a county, municipality, or
  122  other political subdivision that pertains to the regulation of
  123  hoisting equipment and persons operating the equipment in the
  124  state.
  125         (7) This section does not apply to:
  126         (a) The regulation of elevators under chapter 399.
  127         (b) Maintenance or construction activities related to plant
  128  or mining operations at facilities that have a North American
  129  Industry Classification System code of 212392, 325188, or
  130  325312.
  131         Section 2. This act shall take effect upon becoming a law.

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