Bill Text: FL S1172 | 2010 | Regular Session | Comm Sub

Florida Senate Bill 1172 (Prior Session Legislation)

Bill Title: Elevator Safety [CPSC]

Spectrum: Partisan Bill (Republican 2-0)

Status: (Introduced - Dead) 2010-04-28 - Placed on Special Order Calendar; Read 2nd time -SJ 00931; Substituted CS/HB 1035 -SJ 00931; Laid on Table, companion bill(s) passed, see CS/HB 1035 (Ch. 2010-110), CS/CS/CS/CS/HB 663 (Ch. 2010-176), CS/CS/CS/SB 1196 (Ch. 2010-174) -SJ 00931 [S1172 Detail]

Download: Florida-2010-S1172-Comm_Sub.html

 
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. 
27 
28  Be It Enacted by the Legislature of the State of Florida: 
29 
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31  Statutes, is repealed, present subsections (12) through (17) of 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. 
47 
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         399.16 Unlicensed 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         399.17 Certified 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.