| 1 | Representative Gelber offered the following: |
| 2 |
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| 3 | Amendment to Senate Amendment (427394) (with title |
| 4 | amendment) |
| 5 | Between lines 968 and 969, insert: |
| 6 | Section 27. Section 489.1138, Florida Statutes, is created |
| 7 | to read: |
| 8 | 489.1138 Certification of tower crane operators.-- |
| 9 | (1) Definitions.--As used in this section, the term: |
| 10 | (a) " Tower crane " means a nonmobile, power-operated |
| 11 | hoisting machine used in construction, maintenance, demolition, |
| 12 | or excavation work that has a power-operated winch, load-line, |
| 13 | and boom moving laterally. A tower crane is a temporary |
| 14 | structure and is not subject to building codes or other |
| 15 | provision of law, rule, or ordinance applicable to permanent |
| 16 | structures. |
| 17 | (b) "Tower crane operator" means a person engaged in |
| 18 | operating a tower crane. |
| 19 | (2) CERTIFICATION OF TOWER CRANES.--A tower crane may be |
| 20 | operated in this state only if the tower crane has been |
| 21 | certified to meet the America Society of Mechanical Engineers |
| 22 | standards for construction of tower cranes, ASME B30.3-2004, as |
| 23 | modified by American Society of Civil Engineers standard ASCE |
| 24 | 37-02. Certification must be from a certification organization |
| 25 | that meets the standards of the American National Standards |
| 26 | Institute, the American Society of Mechanical Engineers, or the |
| 27 | Accreditation requirements of the National Commission for |
| 28 | Certifying Agencies. |
| 29 | (3) CERTIFIATION OF TOWER CRANE OPERATIORS.--A person may |
| 30 | operate a tower crane on a construction project only if he or |
| 31 | she is certified as a crane operator by the National Commission |
| 32 | for the Certification of Crane Operators. |
| 33 | (4) DUTIES OF CONTRACTORS.--For each construction project |
| 34 | for which a contractor is responsible under this part, the |
| 35 | contractor shall produce a list identifying the certified tower |
| 36 | cranes and certified tower crane operators used on the project |
| 37 | and identifying the qualified personnel supervising the |
| 38 | erection, modification, and dismantling of each tower crane used |
| 39 | on the project. The contractor shall maintain this list for the |
| 40 | duration of the construction project and shall provide the list |
| 41 | to the department pursuant to any investigation for a violation |
| 42 | of this part. |
| 43 | (5) PENALTIES.--Any person licensed under this part who |
| 44 | intentionally violates subsection (2) or subsection (3) is |
| 45 | subject to discipline pursuant to ss. 455.227 and 489.129. |
| 46 | (6) OPERATION OF TOWER CRANES BY TRAINEES UNDER |
| 47 | SUPERVISION.--Notwithstanding the certification requirements of |
| 48 | this section, a person undergoing training for the purpose of |
| 49 | qualifying for tower crane operator certification pursuant to |
| 50 | this section may operate a tower crane if such a person is under |
| 51 | the direct supervision of a tower crane operator who holds a |
| 52 | current and valid certification to operate the tower crane |
| 53 | operated by such person. |
| 54 | Section 28. Section 489.1139, Florida Statutes, is created |
| 55 | to read: |
| 56 | 489.1139 Preemption.--Regulation of tower cranes and tower |
| 57 | crane operators as is expressly preempted to the state and no |
| 58 | county, municipality, or other political subdivision shall enact |
| 59 | or enforce any ordinance relating to matters within the scope of |
| 60 | this section and s. 489.1138. Nothing in this section preempts |
| 61 | enforcement of an ordinance imposing more stringent wind |
| 62 | velocity standards by a municipality, county, or political |
| 63 | subdivision identified in the high-velocity hurricane zone as |
| 64 | that term is defined in s. 1612 of the Florida Building Code and |
| 65 | s. R301.2 of the Florida building Code Residential, provided |
| 66 | such ordinance has been adopted and is in effect on or before |
| 67 | May 1, 2008. |
| 68 |
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| 69 | ----------------------------------------------------- |
| 70 | T I T L E A M E N D M E N T |
| 71 | Remove line 1098 and insert: |
| 72 | report to the Legislature; creating s. 489.1138, F.S.; providing |
| 73 | definitions; requiring certification of tower cranes and |
| 74 | operators; providing duties for contractors; providing for |
| 75 | disciplinary actions; providing an exception; creating s. |
| 76 | 489.1139, F.S.; preempting regulation of tower cranes and tower |
| 77 | crane operators to the state; providing an exception; providing |
| 78 | an effective date. |