HB 1165

1	A bill to be entitled
2	An act relating to elevator safety; amending s. 399.01,
3	F.S.; revising definitions relating to elevator safety;
4	creating s. 399.015, F.S.; providing for applicability and
5	exceptions; amending s. 399.02, F.S.; requiring that the
6	Department of Business and Professional Regulation perform
7	certain functions relating to conveyance inspections and
8	the certification and licensing of elevator professionals
9	and companies; authorizing the department to employ
10	certified elevator inspectors to monitor and oversee
11	licenseholders and certificate of operation holders;
12	authorizing the Division of Hotels and Restaurants of the
13	department to grant requests for variances for undue
14	hardship; providing conditions for granting such
15	variances; requiring that the Elevator Safety Technical
16	Advisory Council review applications for such variances
17	and recommend agency action; requiring that the division
18	expedite emergency requests for variances; requiring that
19	the division adopt rules establishing a variance
20	application process and associated fees; amending s.
21	399.03, F.S.; revising provisions relating to permits for
22	conveyances; replacing the term "registered" with
23	"certified"; requiring that a permit be revoked if a
24	worksite or work being performed is not directly
25	supervised by a certified elevator professional; creating
26	s. 399.032, F.S.; providing requirements for the
27	installation and alteration of conveyances; requiring that
28	the department assign a license number to each conveyance;
29	providing requirements for the display of such license
30	number; creating s. 399.033, F.S.; providing requirements
31	for the temporary operation of a conveyance during
32	installation or alteration for a specified period after
33	inspection; requiring that the temporary use of a
34	conveyance not exceed 180 days; requiring that the
35	department post a notice in a conveyance that is being
36	temporarily used; requiring that the notice contain
37	certain statements; requiring that the division adopt
38	rules; amending s. 399.035, F.S.; revising provisions
39	relating to the requirements for elevator accessibility
40	for the physically handicapped; providing requirements for
41	buildings issued a construction permit after a specified
42	date; amending s. 399.049, F.S.; revising provisions
43	relating to disciplinary action taken by the department
44	for certain violations by a certified elevator inspector,
45	elevator technician, elevator company, or certificate of
46	operation holder; providing for additional violations;
47	amending s. 399.061, F.S.; revising provisions relating to
48	inspections and service maintenance contracts; requiring
49	that the division perform industry inspections to regulate
50	the quality of annual inspections; authorizing the
51	division to employ state elevator inspectors on a
52	probationary status if certain qualifications are met;
53	requiring that the probationary period not exceed 1 year;
54	amending s. 399.07, F.S.; decreasing the period that a
55	certificate of operation is valid; authorizing the
56	department to revoke a certificate of operation if the
57	department determines that the inspection report contains
58	omissions or errors; amending s. 399.10, F.S.; providing
59	penalties; amending s. 399.105, F.S.; increasing the
60	period in which an owner of a conveyance must comply with
61	an order to correct; amending s. 399.1061, F.S.; providing
62	for members of the Elevator Safety Technical Advisory
63	Council to appoint a vice chair from among its membership;
64	requiring that the council meet at least once annually and
65	upon the division's request or a majority vote of the
66	council members; requiring that the council develop and
67	submit proposed revisions of ch. 399, F.S., to the
68	director of the Division of Hotels and Restaurants;
69	requiring that the council annually review the Safety Code
70	for Elevators and Escalators and submit recommendations
71	for revisions to the Florida Building Code to the Florida
72	Building Commission; amending s. 399.11, F.S.; revising
73	provisions relating to penalties; amending s. 399.125,
74	F.S.; revising provisions relating to the reporting
75	requirements for certain conveyance accidents; requiring
76	that a state elevator inspector conduct a safety
77	inspection within a specified period after receiving an
78	accident report; requiring that the division submit an
79	annual report that analyzes accidents to the Governor and
80	the Legislature by a specified date; amending s. 399.13,
81	F.S.; revising provisions relating to the authority of
82	municipalities or counties to issue construction,
83	installation, and alteration permits and certificates of
84	operation and to inspect conveyances; authorizing
85	municipalities and counties to issue temporary operating
86	permits; amending s. 399.15, F.S.; requiring that the
87	department maintain a regional emergency elevator access
88	registry; creating s. 399.16, F.S.; providing requirements
89	for the issuance of certificates of competency, certified
90	elevator professional licensure, and elevator company
91	certification; providing requirements for the renewal of
92	such certificates and fees; requiring that the department
93	adopt rules; requiring that the fees collected from
94	certifications, licenses, and renewals be deposited into
95	the Hotel and Restaurant Trust Fund; creating s. 399.17,
96	F.S.; providing penalties for unlicensed activity;
97	authorizing the department to issue a stop-work order for
98	unlicensed work upon a finding of probable cause;
99	authorizing a state elevator inspector to issue a citation
100	for unlicensed activity; requiring that the citation
101	contain certain information; authorizing the division to
102	issue citations and establish procedures and penalties;
103	providing for administrative hearings; creating s. 399.18,
104	F.S.; providing duties and requirements for certified
105	elevator professionals; creating s. 399.19, F.S.;
106	providing duties and requirements for owners of
107	conveyances; creating s. 399.20, F.S.; requiring that
108	certain municipal and county officers assist the division
109	or its agents in enforcing ch. 399, F.S.; amending s.
110	553.509, F.S.; deleting provisions related to vertical
111	accessibility to conform to changes made by the act;
112	providing an effective date.
113
114	Be It Enacted by the Legislature of the State of Florida:
115
116	Section 1.  Section 399.01, Florida Statutes, is amended to
117	read:
118	399.01  Definitions.--As used in this chapter, the term:
119	(1)  "Alteration" means any change or addition to the
120	vertical conveyance other than maintenance, repair, or
121	replacement.
122	(2)  "Certificate of competency" means a credential issued
123	by the division to any natural person who is qualified to
124	perform the work of a certified elevator technician or certified
125	elevator inspector.
126	(3)(2)  "Certificate of operation" means a document issued
127	by the department which indicates that the conveyance has had
128	the required safety inspection and tests, that the conveyance is
129	licensed to operate, and that the appropriate fees have been
130	paid as provided in this chapter.
131	(4)  "Certified elevator company" means a business entity
132	registered with and authorized by the division which employs
133	certified elevator professionals to construct, install, inspect,
134	maintain, or repair any conveyance.
135	(5)  "Certified elevator inspector" means a natural person
136	who is licensed by the division and qualified to construct,
137	install, inspect, maintain, or repair any conveyance.
138	(6)  "Certified elevator professional" means a natural
139	person who is qualified to perform the duties of a certified
140	elevator technician or certified elevator inspector and
141	maintains a certificate of competency or a license issued by the
142	department.
143	(7)  "Certified elevator technician" means a natural person
144	who is licensed by the division and qualified to construct,
145	install, maintain, or repair any conveyance.
146	(8)(3)  "Conveyance" means one of the following mechanical
147	devices:
148	(a)  An elevator, which is a hoisting and lowering
149	mechanism, is equipped with a car and platform that moves in
150	guide rails, and serves two or more landings to transport
151	material or passengers or both.
152	(b)  An escalator, which is a power-driven, inclined
153	continuous stairway that is used for raising or lowering
154	passengers.
155	(c)  A dumbwaiter, which is a hoisting and lowering
156	mechanism, is equipped with a car of limited size, moves in
157	guide rails, and serves two or more landings.
158	(d)  A moving walk that is a type of passenger-carrying
159	device on which passengers stand or walk and in which the
160	passenger-carrying surface remains parallel to its direction of
161	motion and is uninterrupted.
162	(e)  An inclined stairway chairlift that is used to
163	transport physically handicapped persons over architectural
164	barriers.
165	(f)  An inclined or vertical wheelchair lift that is used
166	to transport wheelchair-bound handicapped persons over
167	architectural barriers. an elevator, dumbwaiter, escalator,
168	moving sidewalk, platform lift, or stairway chairlift.
169	(9)(4)  "Department" means the Department of Business and
170	Professional Regulation.
171	(10)  "Direct supervision" means that a certified elevator
172	professional is within the physical proximity of and personally
173	supervising an elevator helper, enabling timely observation and
174	evaluation of the work being performed, and ensuring that the
175	work is completed in accordance with the Florida Building Code,
176	this chapter, and the rules adopted by the division.
177	(11)(5)  "Division" means the Division of Hotels and
178	Restaurants of the Department of Business and Professional
179	Regulation.
180	(6)  "Elevator" means one of the following mechanical
181	devices:
182	(a)  A hoisting and lowering mechanism, equipped with a car
183	and platform that moves in guide rails and serves two or more
184	landings to transport material or passengers or both.
185	(b)  An escalator, which is a power-driven, inclined
186	continuous stairway used for raising or lowering passengers.
187	(c)  A dumbwaiter, which is a hoisting and lowering
188	mechanism equipped with a car of limited size which moves in
189	guide rails and serves two or more landings.
190	(d)  A moving walk, which is a type of passenger-carrying
191	device on which passengers stand or walk and in which the
192	passenger-carrying surface remains parallel to its direction of
193	motion and is uninterrupted.
194	(e)  An inclined stairway chairlift, which is a device used
195	to transport physically handicapped persons over architectural
196	barriers.
197	(f)  An inclined or vertical wheelchair lift, which is a
198	device used to transport wheelchair handicapped persons over
199	architectural barriers.
200	(7)  "Existing installation" means an installation defined
201	as an "installation, existing" in the Florida Building Code.
202	(12)  "Elevator helper" means a natural person who is not
203	licensed or certified by the division and who performs work to
204	construct, install, maintain, or repair any conveyance under the
205	direct supervision of a certified elevator professional.
206	(13)(8)  "Elevator Safety Technical Advisory Council
207	Committee" means the council committee appointed by the
208	Secretary of the Department of Business and Professional
209	Regulation.
210	(14)  "Existing installation" means the installation of a
211	conveyance that has completed all construction permit
212	requirements, that is not in temporary use, and that has been
213	issued a certificate of operation by the division.
214	(15)  "Inspection" means the physical examination of a
215	conveyance for compliance with the Elevator Safety Code, as
216	specified by state law, which is performed by a certified
217	elevator inspector in accordance with this chapter and the rules
218	adopted by the division.
219	(16)  "Inspection report" means a record containing the
220	results of an inspection which is completed on a form prescribed
221	by rule.
222	(17)  "New installation" means a conveyance that is under
223	construction until a final acceptance inspection is
224	satisfactorily completed and the conveyance is turned over to
225	the owner for public use.
226	(18)  "Owner" means the person who is legally and
227	financially responsible for the installation, alteration,
228	repair, replacement, or maintenance of a certificate of
229	operation and the safe operation of the conveyance.
230	(19)  "Private elevator inspector" means a certified
231	elevator inspector who is self-employed, employed by a certified
232	elevator company, or employed by a private business entity.
233	(20)(9)  "Private residence" means a separate dwelling or a
234	separate apartment in a multiple dwelling which is occupied by
235	members of a single-family unit.
236	(21)  "Sealed conveyance" means a conveyance that has been
237	removed from public use by a state elevator inspector in a
238	manner prescribed by rule.
239	(22)(10)  "Service maintenance contract" means a contract
240	that provides for routine examination, lubrication, cleaning,
241	adjustment, replacement of parts, and performance of applicable
242	code-required safety tests such as on a traction elevator and
243	annual relief pressure test on a hydraulic elevator and any
244	other service, repair, and maintenance sufficient to ensure the
245	safe operation of the elevator. A service maintenance contract
246	shall be made available upon request of the department for
247	purposes of oversight and monitoring.
248	(23)  "State elevator inspector" means a certified elevator
249	inspector who is employed by the department or other
250	governmental entity for the purpose of conducting conveyance
251	inspections and compliance activities on behalf of the
252	department.
253	(11)  "Temporarily dormant conveyance" means a conveyance
254	whose power supply has been disconnected by removing fuses and
255	placing a padlock on the mainline disconnect switch in the "OFF"
256	position. The car is parked, and the hoistway doors are in the
257	closed and latched position. A wire seal is installed on the
258	mainline disconnect switch by a certified elevator inspector.
259	This conveyance may not be used again until it has been put in
260	safe running order and is in condition for use. Annual
261	inspections shall continue for the duration of the temporarily
262	dormant status by a certified elevator inspector. The
263	temporarily dormant status is renewable on an annual basis and
264	may not exceed a 5-year period. The inspector shall file a
265	report with the department describing the current conditions.
266	The wire seal and padlock may not be removed for any purpose
267	without permission from the department.
268	(24)(12)  "Temporary operation inspection" means an
269	inspection performed by a certified elevator inspector, the
270	successful passage of which permits the temporary use of a
271	noncompliant vertical conveyance for construction purposes as
272	provided by rule.
273	(13)  "Registered elevator company" means an entity
274	registered with and authorized by the division employing persons
275	to construct, install, inspect, maintain, or repair any vertical
276	conveyance. Each registered elevator company must annually
277	register with the division and maintain general liability
278	insurance coverage in the minimum amounts set by rule.
279	(14)  "Certified elevator inspector" is a natural person
280	registered with and authorized by the division to construct,
281	install, inspect, maintain, or repair any vertical conveyance,
282	after having properly acquired the qualified elevator inspector
283	credential as prescribed by the American Society of Mechanical
284	Engineers. Each certified elevator inspector must annually
285	register with the division and provide proof of completion of 8
286	hours of continuing education, proof that the qualified elevator
287	inspector credential remains in good standing, and proof of
288	general liability insurance coverage in the minimum amounts set
289	by the division.
290	(15)  "Certified elevator technician" means a natural
291	person authorized by the division to construct, install,
292	maintain, or repair any vertical conveyance, after having been
293	issued an elevator certificate of competency by the division.
294	Each certified elevator technician must annually register with
295	the division and be covered by general liability insurance
296	coverage in the minimum amounts set by the division.
297	(16)  "Elevator helper" means a natural person performing
298	work under the direct supervision of an elevator certificate of
299	competency holder to construct, install, maintain, or repair any
300	vertical conveyance.
301	(17)  "Elevator certificate of competency" means a
302	credential issued by the division to any individual natural
303	person successfully completing an examination as prescribed by
304	rule and paying a nonrefundable fee of $50. Such credential
305	shall be valid for and expire at the end of 1 year, and may be
306	renewed by the division when the division receives proof of the
307	elevator certificate of competency holder's completion of 8
308	hours of continuing education from a provider approved by the
309	department and a nonrefundable renewal fee of $50. The
310	department shall adopt by rule criteria for providing approval
311	and procedures for continuing education reporting.
312	(a)  An elevator certificate of competency may be issued
313	only if the applicant meets the following requirements:
314	1.  Four years' work experience in the construction,
315	maintenance, service, and repair of conveyances covered by this
316	chapter. This experience shall be verified by current or
317	previously registered elevator companies as required by the
318	division.
319	2.  One of the following:
320	a.  Proof of completion and successful passage of a written
321	examination administered by the division or a provider approved
322	by the division under standards it adopted by rule.
323	b.  Proof of completion of an apprenticeship program for
324	elevator mechanics which has standards substantially equivalent
325	to those found in a national training program for elevator
326	mechanics and is registered with the Bureau of Apprenticeship
327	and Training of the United States Department of Labor or a state
328	apprenticeship authority.
329	c.  Proof of licensure or certification by a state or local
330	jurisdiction in the United States having standards substantially
331	equal to or more stringent than those of this chapter.
332	(b)  A licensed mechanical engineer whose license is in
333	good standing may be granted an elevator certificate of
334	competency.
335
336	All other building transportation terms are defined in the
337	current Florida Building Code.
338	Section 2.  Section 399.015, Florida Statutes, is created
339	to read:
340	399.015  Application.--
341	(1)  This chapter applies to the design, construction,
342	operation, inspection, testing, maintenance, alteration, and
343	repair of the following equipment and its associated parts and
344	hoistways:
345	(a)  Hoisting and lowering mechanisms equipped with a car
346	or platform that moves between two or more landings, including,
347	but not limited to, elevators, platform lifts, and stairway
348	chairlifts.
349	(b)  Power-driven stairways and walkways for carrying
350	persons between landings, including, but not limited to,
351	escalators and moving walks.
352	(c)  Hoisting and lowering mechanisms equipped with a car
353	that serves two or more landings and is restricted to the
354	carrying of material by its limited size or limited access to
355	the car, including, but not limited to, dumbwaiters, material
356	lifts, and dumbwaiters having automatic-transfer devices.
357	(2)  This chapter does not apply to:
358	(a)  Personnel hoists within the scope of ANSI A10.4 and
359	material hoists within the scope of ANSI A10.5.
360	(b)  Man lifts within the scope of ASME A90.1.
361	(c)  Mobile scaffolds, mobile towers, and platforms within
362	the scope of ANSI/SIA A92.
363	(d)  Powered platforms and equipment for exterior and
364	interior maintenance within the scope of ASME A120.1.
365	(e)  Conveyors and related equipment within the scope of
366	ASME B20.1.
367	(f)  Cranes, derricks, hoists, hooks, jacks, and slings
368	within the scope of ASME B30.
369	(g)  Industrial trucks within the scope of ASME B56.
370	(h)  Portable equipment, except for portable escalators,
371	which are covered by ASME A17.1.
372	(i)  Tiered or piling machines that are used to move
373	materials to and from storage and that are located and operating
374	entirely within one story.
375	(j)  Equipment for feeding or positioning materials at
376	machine tools and printing presses or other similar machinery.
377	(k)  Skip or furnace hoists.
378	(l)  Wharf ramps.
379	(m)  Railroad car lifts or dumpers.
380	(n)  Line jacks, false cars, shafters, moving platforms,
381	and similar equipment used for installing an elevator.
382	(o)  Automated people movers at airports.
383	(p)  Elevators in television and radio towers.
384	(q)  Hand-operated dumbwaiters.
385	(r)  Sewage pump station lifts.
386	(s)  Automobile parking lifts.
387	(t)  Equipment covered in s. 1.1.2 of ASME A17.1, as
388	adopted by the Florida Building Code.
389	(u)  Elevators, inclined stairway chairlifts, and inclined
390	or vertical wheelchair lifts located in private residences.
391	(v)  Platform elevators installed in a ship or offshore
392	drilling rig and used for the purpose of loading and unloading
393	cargo, equipment, and personnel.
394	(w)  Dock levelers or freight platform lifts having a
395	travel distance of 500 millimeters, or 20 inches, or less.
396	(x)  Amusement devices, stage and orchestra lifts, and lift
397	bridges and other lifting devices regulated by another agency.
398	Section 3.  Section 399.02, Florida Statutes, is amended to
399	read:
400	399.02  General requirements.--
401	(1)  The department shall:
402	(a)  Monitor and oversee conveyance inspections for quality
403	assurance;
404	(b)  Regulate conveyances, certified elevator
405	professionals, and certified elevator companies; and
406	(c)  Enforce the Florida Building Code.
407	(2)  In order to perform its duties and responsibilities
408	under this section, the division may enter and have reasonable
409	access to all buildings and rooms or spaces in which an existing
410	or newly installed conveyance and equipment are located.
411	(1)  The Elevator Safety Technical Advisory Committee shall
412	develop and submit to the Director of Hotels and Restaurants
413	proposed revisions to the elevator safety code so that it is the
414	same as or similar to the latest editions of ASME A17.1, ASME
415	A17.3, and ASME A18.1.
416	(2)  This chapter covers the design, construction,
417	operation, inspection, testing, maintenance, alteration, and
418	repair of the following equipment and its associated parts and
419	hoistways:
420	(a)  Hoisting and lowering mechanisms equipped with a car
421	or platform which move between two or more landings. This
422	equipment includes, but is not limited to, elevators, platform
423	lifts, and stairway chairlifts.
424	(b)  Power-driven stairways and walkways for carrying
425	persons between landings. This equipment includes, but is not
426	limited to, escalators and moving walks.
427	(c)  Hoisting and lowering mechanisms equipped with a car
428	which serves two or more landings and is restricted to the
429	carrying of material by its limited size or limited access to
430	the car. This equipment includes, but is not limited to,
431	dumbwaiters, material lifts, and dumbwaiters with automatic-
432	transfer devices.
433	(3)  Equipment not covered by this chapter includes, but is
434	not limited to:
435	(a)  Personnel hoists and material hoists within the scope
436	of ASME A10, as adopted by the Florida Building Code.
437	(b)  Man lifts within the scope of ASME A90.1, as adopted
438	by the Florida Building Code.
439	(c)  Mobile scaffolds, towers, and platforms within the
440	scope of ANSI A92, as adopted by the Florida Building Code.
441	(d)  Powered platforms and equipment for exterior and
442	interior maintenance within the scope of ASME A120.1, as adopted
443	by the Florida Building Code.
444	(e)  Conveyors and related equipment within the scope of
445	ASME B20.1, as adopted by the Florida Building Code.
446	(f)  Cranes, derricks, hoists, hooks, jacks, and slings
447	within the scope of ASME B30, as adopted by the Florida Building
448	Code.
449	(g)  Industrial trucks within the scope of ASME B56, as
450	adopted by the Florida Building Code.
451	(h)  Portable equipment, except for portable escalators
452	that are covered by the Florida Building Code.
453	(i)  Tiered or piling machines used to move materials to
454	and from storage located and operating entirely within one
455	story.
456	(j)  Equipment for feeding or positioning materials at
457	machine tools and printing presses.
458	(k)  Skip or furnace hoists.
459	(l)  Wharf ramps.
460	(m)  Railroad car lifts or dumpers.
461	(n)  Line jacks, false cars, shafters, moving platforms,
462	and similar equipment used for installing an elevator by a
463	contractor licensed in this state.
464	(o)  Automated people movers at airports.
465	(p)  Elevators in television and radio towers.
466	(q)  Hand-operated dumbwaiters.
467	(r)  Sewage pump station lifts.
468	(s)  Automobile parking lifts.
469	(t)  Equipment covered in s. 1.2 of the Elevator Safety
470	Code.
471	(u)  Elevators, inclined stairway chairlifts, and inclined
472	or vertical wheelchair lifts located in private residences.
473	(4)  Each elevator shall have a serial number assigned by
474	the department painted on or attached to the elevator car in
475	plain view and also to the driving mechanism. This serial number
476	shall be shown on all required certificates and permits.
477	(5)(a)  The construction permitholder is responsible for
478	the correction of violations and deficiencies until the elevator
479	has been inspected and a certificate of operation has been
480	issued by the department. The construction permitholder is
481	responsible for all tests of new and altered equipment until the
482	elevator has been inspected and a certificate of operation has
483	been issued by the department.
484	(b)  The elevator owner is responsible for the safe
485	operation, proper maintenance, and inspection and correction of
486	code deficiencies of the elevator after a certificate of
487	operation has been issued by the department. The
488	responsibilities of the elevator owner may be assigned by lease.
489	(6)  The department is empowered to carry out all of the
490	provisions of this chapter relating to the inspection and
491	regulation of elevators and to enforce the provisions of the
492	Florida Building Code.
493	(3)  The department may employ certified elevator
494	inspectors to monitor and oversee any licenseholder or
495	certificate of operation holder.
496	(7)  The Elevator Safety Technical Advisory Committee shall
497	annually review the provisions of the Safety Code for Elevators
498	and Escalators ASME A17.1, ASME A18.1, or other related model
499	codes and amendments thereto, concurrent with the update of the
500	Florida Building Code and recommend to the Florida Building
501	Commission revisions to the Florida Building Code to maintain
502	the protection of the public health, safety, and welfare.
503	(4)(a)  The division may grant requests for variances for
504	undue hardship which may be less restrictive than this section
505	or the rules adopted by the division under this section. The
506	division may not grant a request for a variance unless it finds
507	that:
508	1.  The variance will not adversely affect the safety of
509	the public;
510	2.  A reasonable alternative to the required construction
511	does not exist; and
512	3.  The owner did not intentionally cause the hardship.
513	(b)  The Elevator Safety Technical Advisory Council shall
514	review requests for variances and recommend agency action;
515	however, variance requests for a type of hardship which were
516	previously reviewed by the Elevator Safety Technical Advisory
517	Council and for which precedent exists shall be reviewed and
518	acted upon by the division. The division shall expedite
519	emergency requests for variances to ensure that such requests
520	are acted upon within 30 days after receiving the request.
521	(5)  The division shall adopt rules to administer and
522	implement this section. The rules must include, but are not
523	limited to, the process for requests for variances and
524	associated fees. The fee may not exceed $150 for routine
525	variance requests and $300 for emergency variance requests.
526	Section 4.  Section 399.03, Florida Statutes, is amended to
527	read:
528	399.03  Permits Design, installation, and alteration of
529	conveyances.--
530	(1)  A conveyance covered by this chapter may not be
531	erected, constructed, installed, or altered within buildings or
532	structures until a permit has been obtained from the department.
533	Permits must be applied for by a certified registered elevator
534	company and may only be granted only upon receipt and approval
535	of an application to be made on a form prescribed by the
536	department, accompanied by proper fees and a sworn statement
537	from a certified elevator professional acting as an agent of the
538	certified registered elevator company that the plans meet all
539	applicable elevator safety and building codes. Permits may be
540	granted only to certified registered elevator companies in good
541	standing. When any material alteration is made, the alteration
542	must conform to applicable requirements of the Florida Building
543	Code and the provisions of this chapter. A copy of the permit
544	must be displayed and plans must be kept at the construction
545	site at all times while the work is in progress and until a
546	certificate of operation is issued. A permit is shall not be
547	required for the construction or repair of elevators for the
548	purpose of complying in seeking to attain compliance with
549	regional emergency elevator access requirements. Elevator owners
550	shall forward to the department, in an electronic format
551	approved by the department, an emergency access notification
552	that compliance measures are either not required or are being
553	implemented. The emergency access notification must also contain
554	specific compliance information, including the current
555	compliance status, specific measures required to attain
556	compliance, and certification by a state-certified inspector.
557	Fees may not be assessed for the filing of the emergency access
558	notification. The department shall maintain an emergency
559	elevator access registry that is available to the State Fire
560	Marshal of the Department of Financial Services for enforcement
561	purposes.
562	(2)  The Department of Business and Professional Regulation
563	shall adopt rules to administer this section.
564	(3)(2)  The department shall adopt rules establishing
565	provide by rule for permit application requirements and permit
566	fees.
567	(4)(3)  Permits may be revoked if for the following
568	reasons:
569	(a)  There are any false statements or misrepresentations
570	as to the material facts in the application, plans, or
571	specifications on which the permit was based.
572	(b)  The permit was issued in error and not in accordance
573	with the code or rules.
574	(c)  The work detailed under the permit is not being
575	performed in accordance with the provisions of the application,
576	plans, or specifications or with the code or conditions of the
577	permit.
578	(d)  The certified elevator company construction
579	permitholder to whom the permit was issued fails or refuses to
580	comply with a stop-work order.
581	(e)  The worksite or the work being performed is not
582	supervised by a certified elevator professional.
583	(5)(4)  A permit expires if:
584	(a)  The work authorized by the permit is not commenced
585	within 6 months after the date of issuance, or within a shorter
586	period of time as the department may specify at the time the
587	permit is issued.
588	(b)  The work is suspended or abandoned for a period of 60
589	days, or such shorter period of time as the department may
590	specify at the time the permit is issued, after the work has
591	been started. For good cause, the department may allow a
592	discretionary extension for the foregoing period.
593	(5)  All new conveyance installations must be performed by
594	a registered elevator company. Before any vertical conveyance is
595	used, except those in a private residence, it must be inspected
596	by a certified elevator inspector not employed, associated, or
597	having a conflict of interest with the elevator construction
598	permitholder or elevator owner and certified as meeting the
599	safety provisions of the Florida Building Code, including the
600	performance of all required safety tests. The certified elevator
601	inspector shall provide the original copy of the inspection
602	report to the department within 5 days after the inspection. A
603	certificate of operation may not be issued until the
604	permitholder provides an affidavit signed by the construction
605	supervisor attesting that the supervisor directly supervised the
606	construction or installation of the elevator. Vertical
607	conveyances, including stairway chairlifts, and inclined or
608	vertical wheelchair lifts located in private residences are not
609	required to obtain a certificate of operation under this
610	chapter.
611	(6)  At the department's request, and to facilitate
612	oversight and monitoring, the permitholder shall notify the
613	department of the scheduled final inspection date and time for
614	purposes of acquiring a certificate of inspection.
615	(7)  Each elevator shall comply with the edition of the
616	Florida Building Code or Elevator Safety Code that was in effect
617	at the time of receipt of application for the construction
618	permit for the elevator.
619	(8)  Each alteration to, or relocation of, an elevator
620	shall comply with the edition of the Florida Building Code or
621	Elevator Safety Code that was in effect at the time of receipt
622	of the application for the construction permit for the
623	alteration or relocation.
624	(9)  When any change is made in the classification of an
625	elevator, the elevator shall comply with all of the requirements
626	of the version of the Florida Building Code or Elevator Safety
627	Code that were in effect at the time of receipt of the
628	application for the construction permit for the change in
629	classification.
630	(10)(a)  The temporary use of an elevator during
631	installation or alteration is authorized for a period of 30 days
632	after the completion of a satisfactory temporary operation
633	inspection. An additional 30-day period of temporary use is
634	authorized from the date of completion of each additional
635	satisfactory temporary operation inspection. A satisfactory
636	temporary operation inspection must satisfy the following
637	criteria: the elevator is tested under contract load; the
638	hoistway is fully enclosed; the hoistway doors and interlocks
639	are installed; the car is completely enclosed, including door or
640	gate and top; all electrical safety devices are installed and
641	properly functioning; and terminal stopping equipment is in
642	place for a safe runby and proper clearance. When a car is
643	provided with a temporary enclosure, the operating means must be
644	by constant pressure push-button or lever-type switch. The car
645	may not exceed the minimum safe operating speed of the elevator,
646	and the governor tripping speed must be set in accordance with
647	the operating speed of the elevator.
648	(b)  Temporary use is authorized only when a satisfactory
649	temporary operation inspection report, completed within the last
650	30 days, by a certified elevator inspector, and a notice
651	prescribed by the department, bearing a statement that the
652	elevator has not been finally approved by a certified elevator
653	inspector, are conspicuously posted in the elevator.
654	Section 5.  Section 399.032, Florida Statutes, is created
655	to read:
656	399.032  Installation and alteration of conveyances;
657	initial certificate of operation.--
658	(1)  The department shall assign a license number to each
659	conveyance, which must be painted on the frame, attached to the
660	conveyance car in plain view, or attached to the driving
661	mechanism. The license number must appear on all required
662	certificates and permits.
663	(2)  Each new installation shall comply with the edition of
664	the Florida Building Code or Elevator Safety Code which was in
665	effect during the time that the application for the permit to
666	install was received.
667	(3)  Each conveyance alteration shall comply with the
668	edition of the Florida Building Code or Elevator Safety Code
669	which was in effect during the time that the application for the
670	permit to alter was received.
671	(4)  If the classification of a conveyance is changed, the
672	conveyance shall comply with the applicable requirements in the
673	edition of the Florida Building Code or Elevator Safety Code
674	which were in effect during the time that the application for
675	the construction permit for the change in classification was
676	received.
677	(5)  If any material alteration is made, the alteration
678	must conform to the applicable requirements in the Florida
679	Building Code and this chapter.
680	(6)  The certified elevator company that is issued a
681	construction or alteration permit shall install or alter the
682	conveyance for which the permit was issued. All new conveyance
683	installations or alterations on existing conveyances must be
684	performed by a certified elevator professional employed by a
685	certified elevator company. The certified elevator company may
686	assign an elevator helper employed by the same certified
687	elevator company to assist the certified elevator professional
688	in his or her duties and for training purposes.
689	(7)  Before any conveyance is used, except a conveyance in
690	a private residence, it must be inspected by a certified
691	elevator inspector who is not employed by or associated with, or
692	does not have any conflict of interest with, the construction
693	permitholder or owner, and it must be certified as meeting the
694	safety provisions of the Florida Building Code, including the
695	performance of all required safety tests.
696	(8)  A certificate of operation may not be issued until the
697	permitholder provides an affidavit signed by the construction
698	supervisor attesting that the supervisor directly supervised the
699	construction or installation of the conveyance.
700	(9)  At the department's request, the permitholder shall
701	notify the department of the scheduled final inspection date and
702	time for the purpose of acquiring a certificate of operation.
703	(10)  A certified elevator inspector shall perform initial
704	or acceptance inspections for satisfactory compliance with the
705	minimum code requirements before the conveyance is turned over
706	to the owner for use by the general public. A satisfactory
707	inspection is eligible for a certificate of operation to be
708	issued by the department.
709	(11)  The certified elevator company that is issued a
710	construction or alteration permit shall correct violations and
711	deficiencies and shall test new and altered equipment until the
712	conveyance has been inspected and a certificate of operation has
713	been issued by the department.
714	Section 6.  Section 399.033, Florida Statutes, is created
715	to read:
716	399.033  Temporary operation.--
717	(1)  A conveyance may be temporarily used during
718	installation or alteration for a period of 90 days after a
719	satisfactory inspection is completed by a certified elevator
720	inspector for such purpose as prescribed by rule by the
721	division.
722	(2)  A conveyance may be temporarily used for an additional
723	30-day period following the date that each additional
724	satisfactory inspection is completed by a certified elevator
725	inspector for such purpose as prescribed by rule by the
726	division.
727	(3)  The temporary use of a conveyance may not exceed 180
728	days unless a full-load test is performed in addition to the
729	other inspection requirements relating to temporary operation.
730	(4)  The inspector shall post a notice in a conspicuous
731	place within a conveyance that is being temporarily used which
732	states that the conveyance does not meet the requirements of
733	part I or part II of ASME A17.1.
734	(5)  The division shall adopt rules to administer this
735	section.
736	Section 7.  Section 399.035, Florida Statutes, is amended
737	to read:
738	399.035  Elevator accessibility requirements for the
739	physically handicapped.--
740	(1)  Each elevator, the installation of which is begun
741	after October 1, 1990, must be made accessible to physically
742	handicapped persons with the following requirements:
743	(a)  In a building having any elevators that do not provide
744	access to every floor level, elevator hallway call buttons on
745	all main levels of ingress and on any floor that is commonly
746	served by more than one group of elevators must be marked with
747	Arabic and braille symbols that indicate floor levels to which
748	access is provided. The symbols must be placed directly above
749	each call button.
750	(b)  Each elevator car interior must have a support rail on
751	at least one wall. All support rails must be smooth and have no
752	sharp edges and must not be more than 1 1/2 inches thick or 2
753	1/2 inches in diameter. Support rails must be continuous and a
754	minimum length of 42 inches overall. The inside surface of
755	support rails must be 1 1/2 inches clear of the car wall. The
756	distance from the top of the support rail to the finished car
757	floor must be at least 31 inches and not more than 33 inches.
758	Padded or tufted material or decorative materials such as
759	wallpaper, vinyl, cloth, or the like may not be used on support
760	rails.
761	(c)  Each elevator covered by this section must be
762	available to be used at any time to assist the physically
763	handicapped in an emergency evacuation. The requirements in of
764	the latest revision of s. 2.27.3 s. 211 of the American Society
765	of Mechanical Engineers' National Standards Institute standard
766	ASME ANSI A17.1 and the accessibility requirements in the
767	Florida Building Code must be complied with in order to meet the
768	requirements in of this paragraph.
769	(d)  Interior surface of car enclosures must be of fire-
770	resistive material, and walls must be surfaced with nonabrasive
771	material. All materials exposed to the car interior must conform
772	to the standards of the Elevator Safety Code.
773	(e)  A bench or seat may be installed on the rear wall of
774	the elevator car enclosure, if the bench or seat does not
775	protrude beyond the vertical plane of the elevator car enclosure
776	wall when folded into a recess provided for the bench or seat
777	and, when not in use, the bench or seat automatically folds into
778	the recess. The bench or seat must be capable of supporting a
779	live load of at least 250 pounds on any 12-inch by 12-inch area.
780	A padded, tufted, or other decorative material may not be used
781	to cover the bench or seat; nor may the bench or seat encroach
782	on the minimum clear-inside-car dimensions specified in this
783	section.
784	(2)(a)  Any existing building that is more than three
785	stories high or in which the vertical distance between the
786	bottom terminal landing and the top terminal landing exceeds 25
787	feet must be constructed to contain at least one passenger
788	elevator that is operational and will accommodate an ambulance
789	stretcher 76 inches long and 24 inches wide in the horizontal
790	position.
791	(b)  Any building that is issued a construction permit
792	after June 30, 2009, and that is more than three stories high,
793	or in which the vertical distance between the bottom terminal
794	landing and the top terminal landing exceeds 25 feet, must be
795	constructed to contain at least one passenger elevator that is
796	operational and will accommodate an ambulance stretcher 84
797	inches long and 24 inches wide in the horizontal position.
798	(3)  This section applies only to elevators available for
799	the transportation of the public. This section does not apply to
800	elevators restricted by key or similar device to a limited
801	number of persons in a building that has an elevator that
802	otherwise meets the requirements of this section or to elevators
803	used only for the transportation of freight. However, elevators
804	that are used as freight and passenger elevators for the public
805	and employees must comply with this section. This section does
806	not apply to dumbwaiters or escalators.
807	(4)  This section supersedes all other state laws and
808	regulations and local ordinances and rules affecting the
809	accessibility of passenger elevators to the physically
810	handicapped, and the standards established by this section may
811	not be modified by municipal or county ordinance.
812	Section 8.  Section 399.049, Florida Statutes, is amended
813	to read:
814	399.049  Disciplinary action.--
815	(1)  The department may suspend or revoke a certified
816	elevator inspector license, a certified elevator technician
817	license an elevator inspector certification, an elevator company
818	certification registration, a an elevator certificate of
819	competency, or a an elevator certificate of operation issued
820	under this chapter or impose an administrative penalty of up to
821	$1,000 per violation upon any certified elevator inspector,
822	certified elevator technician, certified registered elevator
823	company, or certificate of operation holder certificateholder
824	who commits any one or more of the following violations:
825	(a)  Any false statement as to a material matter in an
826	application for registration, certification, or any permit,
827	license, or certificate issued under this chapter.
828	(b)  Fraud, negligence, misconduct, misrepresentation, or
829	bribery in the practice of the profession.
830	(c)  Failure by a certified elevator inspector to provide
831	the department and the certificate of operation holder with a
832	copy of the inspection report within 5 days after the date of
833	any inspection performed after the initial certificate of
834	operation is issued.
835	(d)  Failure to obtain a permit to alter or a permit to
836	install a conveyance before commencing any work on the
837	installation of any equipment.
838	(e)  Failure to obtain annual inspections in a timely
839	manner as required in s. 399.061.
840	(f)  Failure by a certified elevator inspector or certified
841	elevator company to perform a complete inspection on new
842	installations or a complete routine inspection, including
843	applicable Category 1, Category 3, or Category 5 Periodic
844	Testing in accordance with the appropriate edition of ASME
845	A17.1, which results in equipment turnover for public use and
846	errors and omissions of code violations and tests.
847	(g)  Failure by a certified elevator inspector or certified
848	elevator company, upon the written request of the department, to
849	provide a written response that explains the inspection
850	procedures and applications of the elevator safety code used by
851	the certified elevator inspector or certified elevator company
852	for preparing an inspection report that has been submitted to
853	the department and found by the department to contain errors and
854	omissions of code violations and tests.
855	(h)  Failure to provide agents of the department access to
856	spaces containing conveyance equipment as defined in ASME A17.1,
857	as adopted by the Florida Building Code, or hindering an agent
858	of the department in the proper discharge of his or her duties.
859	(i)  Failure to comply with an order requiring the
860	correction of a violation and the reinspection of the elevator
861	which is issued by the division under s. 399.061 within 90 days
862	after the issuance of such order.
863	(j)  Failure to comply with a final order issued by the
864	division.
865	(k)  Failure by an owner to renew a certificate of
866	operation, to comply with a notice to discontinue use for
867	operating without a valid certificate, or continuing to operate
868	a conveyance after it has been sealed by the department.
869	(l)  Failure by a certified elevator company to have a
870	certified elevator inspector perform an inspection pursuant to
871	s. 399.033(1) or (2) on a conveyance in temporary use and to
872	have a satisfactory inspection certificate conspicuously posted
873	in such conveyance.
874	(m)  Failure by a certified elevator inspector to comply
875	with a request for information concerning a regulatory
876	monitoring inspection by a state elevator inspector or the
877	department.
878	(n)(d)  Violation of any provision in of this chapter.
879	(2)  Any disciplinary action taken under this chapter must
880	comply with chapter 120 and any rules adopted thereunder.
881	Section 9.  Section 399.061, Florida Statutes, is amended
882	to read:
883	399.061  Inspections; service maintenance contracts;
884	correction of deficiencies.--
885	(1)(a)  All elevators or other conveyances subject to this
886	chapter must be annually inspected by a certified elevator
887	inspector or by a municipality or county under contract with the
888	division pursuant to s. 399.13. If the elevator is not an
889	escalator or a dumbwaiter, serves only two adjacent floors, and
890	is covered by a service maintenance contract, an inspection is
891	not required so long as the service contract remains in effect.
892	(b)  A statement verifying the existence and performance of
893	each service maintenance contract must be filed at least
894	annually with the division and as prescribed by rule.
895	Cancellation of a service maintenance contract must be reported
896	to the division as prescribed by rule. A service maintenance
897	contract shall be made available upon request by the department.
898	(2)  The division shall perform industry inspections to
899	regulate the quality of the annual inspections. The division
900	shall provide the owner with a copy of the inspection report
901	within 5 days after the date of such inspection.
902	(3)(2)  The division may employ state elevator inspectors
903	to inspect a conveyance an elevator whenever necessary to ensure
904	its safe operation. The division may also employ state elevator
905	inspectors to conduct any inspections required in by this
906	chapter and may charge a fee for each inspection in an amount
907	sufficient to cover the costs of that inspection, as provided by
908	rule, if when a private certified elevator inspector is not
909	available. Each state elevator inspector shall be properly
910	qualified as a certified elevator inspector; however, the
911	division may employ state elevator inspectors on a probationary
912	status who do not possess a qualified elevator inspector
913	national accreditation and are not yet licensed by the state. A
914	state elevator inspector hired on a probationary status must
915	meet the qualifications of national accreditation standards;
916	must possess elevator industry knowledge, education, and
917	training; and must be supervised by the division to acquire the
918	necessary skills and meet the requirements to become a certified
919	elevator inspector pursuant to this chapter. The probationary
920	period may not exceed 1 year and shall be rescinded if qualified
921	elevator inspector national accreditation and a certified
922	elevator inspector license are not obtained.
923	(4)(3)  Whenever the division determines from the results
924	of any inspection that, in the interest of the public safety, a
925	conveyance an elevator is in an unsafe condition, the division
926	may seal the conveyance elevator or order the discontinuance of
927	the use of the conveyance elevator until the division determines
928	by inspection that such conveyance elevator has been
929	satisfactorily repaired or replaced so that the conveyance
930	elevator may be operated in a safe manner.
931	(5)(4)  When the division determines that a conveyance an
932	elevator is in violation of this chapter, the rules adopted
933	thereunder, or the Florida Building Code, the division may issue
934	an order to the elevator owner requiring correction of the
935	violation and reinspection of the conveyance elevator evidencing
936	the correction.
937	Section 10.  Section 399.07, Florida Statutes, is amended
938	to read:
939	399.07  Certificates of operation; fees.--
940	(1)  The certificate of operation is valid for a period not
941	to exceed 12 months 2 years and shall expire at the end of the
942	period unless revoked. The department may adopt rules
943	establishing a procedure for certificate renewal. Certificates
944	of operation may be renewed only for vertical conveyances having
945	a current satisfactory inspection. The owner of a conveyance an
946	elevator operating under with an expired certificate of
947	operation is in violation of this chapter. Certificate of
948	operation renewal applications received by the department after
949	the date of expiration of the last current certificate must be
950	accompanied by a late fee of $50 in addition to the renewal fee
951	and any other fees required by law. The department shall adopt
952	by rule a fee schedule for the renewal of certificates of
953	operation. The fees must be deposited into the Hotel and
954	Restaurant Trust Fund.
955	(2)  The certificate of operation must be posted in a
956	conspicuous location on the conveyance elevator and must be
957	framed with a transparent cover.
958	(3)  The certificate of operation shall contain the text of
959	s. 823.12, relating to the prohibition against smoking in
960	elevators.
961	(4)  In addition to subsection (3), the designation "NO
962	SMOKING" along with the international symbol for no smoking
963	shall be conspicuously displayed within the interior of the
964	elevator in the plain view of the public.
965	(5)  Except for temporary use authorized by this chapter,
966	the operation or use of any newly installed, relocated, or
967	altered conveyance elevator is prohibited until the conveyance
968	elevator has passed the tests and inspections required by this
969	chapter and a certificate of operation has been issued.
970	(6)  The department may suspend any certificate of
971	operation if it finds that the conveyance elevator is not in
972	compliance with this chapter or the of rules adopted under this
973	chapter. The suspension remains in effect until the department
974	receives satisfactory results of an inspection performed by a
975	certified elevator inspector indicating that the conveyance
976	elevator has been brought into compliance.
977	(7)  The department may revoke any certificate of operation
978	if it finds that the inspection report resulting in the issuance
979	contains omissions or errors.
980	Section 11.  Section 399.10, Florida Statutes, is amended
981	to read:
982	399.10  Enforcement of law.--
983	(1)  It shall be the duty of The department shall to
984	enforce the provisions in of this chapter and. The department
985	shall adopt rules to administer and implement have rulemaking
986	authority to carry out the provisions of this chapter.
987	(2)  Any person who obstructs or hinders an agent of the
988	division who is in the proper discharge of his or her duties;
989	who fails, neglects, or refuses to obtain a license or pay the
990	license fee required by law; or who fails or refuses to perform
991	any duty imposed by law or rule commits a misdemeanor of the
992	second degree, punishable as provided in s. 776.082 or s.
993	775.083. Each day the conveyance operates in violation of law or
994	rule is a separate offense. The division may impose
995	administrative sanctions for violations of this section.
996	Section 12.  Section 399.105, Florida Statutes, is amended
997	to read:
998	399.105  Administrative fines.--
999	(1)  Any person who fails to comply with the reporting
1000	requirements in of this chapter or with the reasonable requests
1001	of the department to determine whether the provisions of a
1002	service maintenance contract and its implementation ensure safe
1003	conveyance elevator operation is subject to an administrative
1004	fine not greater than $1,000 in addition to any other penalty
1005	provided by law.
1006	(2)  Any person who commences the operation, installation,
1007	relocation, or alteration of any conveyance elevator for which a
1008	permit or certificate is required by this chapter without having
1009	obtained from the department the permit or certificate is
1010	subject to an administrative fine not greater than $1,000 in
1011	addition to any other penalty provided by law.
1012	(3)  An elevator owner who continues to operate a
1013	conveyance an elevator after notice to discontinue its use or
1014	after it has been sealed by the department is subject to an
1015	administrative fine not greater than $1,000 for each day the
1016	conveyance elevator has been operated after the service of the
1017	notice or sealing by the department, in addition to any other
1018	penalty provided by law.
1019	(4)  An elevator owner who fails to comply with an order to
1020	correct issued under s. 399.061(5) s. 399.061(4) within 90 30
1021	days after its issuance is subject, in addition to any other
1022	penalty provided by law, to an administrative fine in an amount
1023	not to exceed $1,000.
1024	(5)  All administrative fines collected shall be deposited
1025	into the Hotel and Restaurant Trust Fund.
1026	Section 13.  Section 399.1061, Florida Statutes, is amended
1027	to read:
1028	399.1061  Elevator Safety Technical Advisory Council.--
1029	(1)  The Elevator Safety Technical Advisory Council is
1030	created within the division and shall consist of eight members
1031	appointed by the secretary of the department as follows who meet
1032	the following criteria:
1033	(a)  One representative from a major elevator manufacturing
1034	company or its authorized representative;
1035	(b)  One representative from an elevator servicing company;
1036	(c)  One representative from a building design profession;
1037	(d)  One representative of the general public;
1038	(e)  One representative of a local government in this
1039	state;
1040	(f)  One representative of a building owner or manager;
1041	(g)  One representative of labor involved in the
1042	installation, maintenance, and repair of conveyances elevators;
1043	and
1044	(h)  One representative who is a certified elevator
1045	inspector from a private inspection service.
1046
1047	The council shall provide technical assistance to the division
1048	in support of protecting the health, safety, and welfare of the
1049	public and shall give the division the benefit of the council
1050	members' knowledge and experience concerning the industries and
1051	individual businesses affected by the laws and rules
1052	administered by the division.
1053	(2)(a)  The council members shall serve 4-year terms,
1054	except that, to provide for staggered terms, four of the initial
1055	appointees, as specified by rule, shall serve 2-year terms. All
1056	subsequent appointments shall be for 4-year terms. The council
1057	shall appoint one of the members to serve as chair and one of
1058	the members to serve as vice chair.
1059	(b)  The council members shall serve without compensation,
1060	except that the members may be reimbursed for per diem and
1061	travel expenses as provided in s. 112.061.
1062	(3)  The council may consult with engineering authorities
1063	and organizations concerned with standard safety codes for
1064	recommendations to the department regarding rules for the
1065	operation, maintenance, servicing, construction, alteration,
1066	installation, or inspection of vertical conveyances subject to
1067	this chapter.
1068	(4)  The council shall meet at least once annually and upon
1069	the request of the division or a majority of the council
1070	members.
1071	(5)  The Elevator Safety Technical Advisory Council shall
1072	develop and submit to the director of the Division of Hotels and
1073	Restaurants of the Department of Business and Professional
1074	Regulation proposed revisions to this chapter and the rules
1075	adopted hereunder to conform to the latest editions of ASME
1076	A17.1, ASME A17.2, ASME A17.3, and ASME A18.1.
1077	(6)  The Elevator Safety Technical Advisory Council shall
1078	annually review the Safety Code for Elevators and Escalators
1079	ASME A17.1, ASME A17.2, ASME A17.3, and ASME A18.1, or other
1080	related model codes and amendments thereto, concurrent with the
1081	update of the Florida Building Code, and recommend to the
1082	Florida Building Commission revisions to the Florida Building
1083	Code to continue protecting the public health, safety, and
1084	welfare.
1085	Section 14.  Section 399.11, Florida Statutes, is amended
1086	to read:
1087	399.11  Penalties.--
1088	(1)  Any person who violates any of the provisions of this
1089	chapter or the rules of the department commits is guilty of a
1090	misdemeanor of the second degree, punishable as provided in s.
1091	775.082 or s. 775.083.
1092	(2)  Any person who falsely represents himself or herself
1093	as credentialed under this chapter commits is guilty of a
1094	misdemeanor of the second degree, punishable as provided in s.
1095	775.082 or s. 775.083.
1096	Section 15.  Section 399.125, Florida Statutes, is amended
1097	to read:
1098	399.125  Reporting of conveyance elevator accidents;
1099	penalties.--Within 5 working days after any accident occurring
1100	in or upon any conveyance elevator, which results in bodily
1101	injury requiring medical attention or results in death to any
1102	person and is presumptively caused by the malfunction of the
1103	equipment or misuse by a passenger of the equipment, the
1104	certificate of operation holder shall report the accident to the
1105	division on a form prescribed by rule by the division. Failure
1106	to timely file this report is a violation of this chapter and
1107	will subject the certificate of operation holder to an
1108	administrative fine, to be imposed by the division, in an amount
1109	not to exceed $1,000. A state elevator inspector shall conduct a
1110	safety inspection of the conveyance within 72 hours after
1111	receiving a report of an accident which complies with the
1112	reporting requirements in this section. The division shall
1113	submit to the Governor, the President of the Senate, the Speaker
1114	of the House of Representatives, and the chairs of the
1115	legislative appropriations committees an annual report that
1116	analyzes elevator accidents during the preceding year, including
1117	the number of accidents that have resulted in medical attention
1118	or death, and, if available, whether the accidents were the
1119	result of rider behavior or elevator malfunction. The report
1120	shall be submitted by September 30 after the end of the fiscal
1121	year.
1122	Section 16.  Section 399.13, Florida Statutes, is amended
1123	to read:
1124	399.13  Delegation of authority to municipalities or
1125	counties.--
1126	(1)  The department may enter into contracts with
1127	municipalities or counties under which the municipalities or
1128	counties will issue construction, installation, and alteration
1129	permits and certificates of operation; will provide for
1130	inspection of conveyances elevators, including initial
1131	acceptance, alteration acceptance, routine, callback, accident,
1132	complaint, and temporary operation inspections; and will enforce
1133	the applicable provisions of the Florida Elevator Safety Code
1134	and the Florida Building Code, as required by this chapter. The
1135	municipality or county may issue temporary operating permits.
1136	The municipality or county may choose to require inspections be
1137	performed by its own inspectors or by private certified elevator
1138	inspectors. The municipality or county may assess a reasonable
1139	fee for inspections performed by its inspectors and for
1140	variances issued in accordance with bureau standards. Each
1141	agreement shall include a provision that the municipality or
1142	county shall maintain for inspection by the department copies of
1143	all applications for permits issued, a copy of each inspection
1144	report issued, and proper records showing the number of
1145	certificates of operation issued; shall include a provision that
1146	each required inspection be conducted by a certified elevator
1147	inspector; and may include other provisions as the department
1148	deems necessary. The municipality or county shall enforce the
1149	Florida Building Code as it applies to this chapter and may
1150	impose fees and assess and collect fines as part of its
1151	enforcement activities. License fees that are imposed by the
1152	municipality or county shall be the same amount as the fees
1153	imposed by the division. A county or municipality may not issue
1154	or take disciplinary action against a certificate of competency,
1155	an elevator inspector certification, an elevator technician
1156	certification, or an elevator company certification
1157	registration. However, the department may initiate disciplinary
1158	action against a registration or certification at the request of
1159	a county or municipality.
1160	(2)  The department may inspect conveyances make
1161	inspections of elevators in the municipality or county for the
1162	purpose of determining that the provisions of this chapter are
1163	being met and may cancel the contract with any municipality or
1164	county that the department finds has failed to comply with the
1165	contract or this chapter. The amendments to chapter 399 by this
1166	act shall apply only to the installation, relocation, or
1167	alteration of an elevator for which a permit has been issued
1168	after October 1, 1990.
1169	Section 17.  Section 399.15, Florida Statutes, is amended
1170	to read:
1171	399.15  Regional emergency elevator access.--
1172	(1)  In order to provide emergency access to elevators:
1173	(a)  For each building in this state which is six or more
1174	stories in height, including, but not limited to, hotels and
1175	condominiums, on which a building permit is issued after
1176	September 30, 2006, all of the keys for elevators that allow
1177	public access, including, but not limited to, service and
1178	freight elevators, must be keyed so as to allow all elevators
1179	within each of the seven state emergency response regions to
1180	operate in fire emergency situations with one master elevator
1181	key.
1182	(b)  Any building in this state which is six or more
1183	stories in height and has undergone "substantial improvement" as
1184	defined in s. 161.54(12) must also comply with paragraph (a).
1185	(2)  Each existing building in this state which is six or
1186	more stories in height must comply with subsection (1) before
1187	October 1, 2009.
1188	(3)  In addition to elevator owners, owners' agents,
1189	certified elevator companies, certified elevator elevator
1190	contractors, state-certified inspectors, and state agency
1191	representatives, master elevator keys may be issued only to the
1192	fire department and may not be issued to any other emergency
1193	response agency. A person may not duplicate a master elevator
1194	key for issuance to, or issue such a key to, anyone other than
1195	authorized fire department personnel. Each master elevator key
1196	must be marked "DO NOT DUPLICATE."
1197	(4)  If it is technically, financially, or physically
1198	impossible to bring a building into compliance with this
1199	section, the local fire marshal may allow substitute emergency
1200	measures that will provide reasonable emergency elevator access.
1201	The local fire marshal's decision regarding substitute measures
1202	may be appealed to the State Fire Marshal.
1203	(5)  The Division of State Fire Marshal of the Department
1204	of Financial Services shall enforce this section. Any person who
1205	fails to comply with the requirements of this section is subject
1206	to an administrative fine of not more than $1,000, in addition
1207	to any other penalty provided by law. All administrative fines
1208	shall be deposited into the Insurance Regulatory Trust Fund.
1209	(6)  Builders should make every effort to use new
1210	technology and developments in keying systems which make it
1211	possible to convert existing equipment so as to provide
1212	efficient regional emergency elevator access.
1213	(7)  The Department of Financial Services shall adopt rules
1214	to implement this section, including rules to determine the
1215	master elevator key to be used within each of the emergency
1216	response regions.
1217	(8)  The department shall maintain a regional emergency
1218	elevator access registry that is available to the State Fire
1219	Marshal of the Department of Financial Services for enforcement
1220	purposes.
1221	(9)  This section does not affect the application of the
1222	uniform firesafety standards, the Life Safety Code, or the
1223	Elevator Safety Code.
1224	Section 18.  Section 399.16, Florida Statutes, is created
1225	to read:
1226	399.16  Certificate of competency; certified elevator
1227	professional licensure and elevator company certification
1228	requirements; renewals; fees.--The department shall issue
1229	certificates of competency, certified elevator professional
1230	licenses, and elevator company certifications to any person who
1231	meets the minimum requirements for the type of certification or
1232	license for which the person is applying. Each certificate of
1233	competency, certified elevator professional license, and
1234	elevator company certification issued under this section is
1235	valid for and expires at the end of 1 year. The division shall
1236	adopt rules establishing procedures for applications and the
1237	renewal of certificates and licenses issued under this section.
1238	(1)  CERTIFICATE OF COMPETENCY.--Each natural person who
1239	applies for a license as a certified elevator professional must
1240	obtain a certificate of competency from the division before he
1241	or she receives a certified elevator professional license. The
1242	division shall deem qualified and issue a certificate of
1243	competency to any natural person who pays a nonrefundable fee of
1244	$50 and meets the following requirements:
1245	(a)  A licensed mechanical engineer whose license is in
1246	good standing;
1247	(b)  Proof of completion and successful passage of a
1248	written examination administered by the division or a provider
1249	approved by the division under standards adopted by rule; or
1250	(c)  Licensure or certification by a state or local
1251	jurisdiction in the United States having standards substantially
1252	equal to or more stringent than those in this chapter; and
1253	1.  Four years of nonsupervisory industry work experience
1254	physically performing the construction, installation,
1255	maintenance, and repair of conveyances covered by this chapter
1256	and verified by current or previously registered elevator
1257	companies, as required by the division; or
1258	2.  Proof of completion of an apprenticeship program for
1259	elevator mechanics which has standards substantially equivalent
1260	to the standards of a national training program for elevator
1261	mechanics and registration with the Bureau of Apprenticeship and
1262	Training of the United States Department of Labor or a state
1263	apprenticeship authority.
1264	(2)  CERTIFIED ELEVATOR PROFESSIONAL LICENSURE.--
1265	(a)  Certified elevator technician.--Each natural person
1266	must apply for and obtain a license from the division before
1267	commencing the duties of a certified elevator technician. The
1268	division shall deem qualified and issue a certified elevator
1269	technician license to any person who:
1270	1.  Holds a valid certificate of competency issued by the
1271	division;
1272	2.  Provides proof of general liability insurance coverage
1273	in the minimum amounts set by rule by the division; and
1274	3.  Pays a nonrefundable fee of $50.
1275	(b)  Certified elevator inspector.--Each natural person
1276	must apply for and obtain a license from the division before
1277	commencing the duties of a certified elevator inspector. The
1278	division shall deem qualified and issue a certified elevator
1279	inspector license to any person who:
1280	1.  Holds a valid certificate of competency issued by the
1281	division;
1282	2.  Provides proof of a properly acquired and valid
1283	qualified elevator inspector credential as prescribed by the
1284	American Society of Mechanical Engineers;
1285	3.  Provides proof of general liability insurance coverage
1286	in the minimum amounts set by rule by the division; and
1287	4.  Pays a nonrefundable fee of $50.
1288	(3)  CERTIFIED ELEVATOR COMPANIES.--An elevator company
1289	must register each year with and be certified by the division
1290	before constructing, installing, inspecting, maintaining, and
1291	repairing any conveyance under this chapter. The division shall
1292	deem qualified and issue an elevator company certification to
1293	any elevator company that:
1294	1.  Provides proof of employment of a natural person who
1295	holds a certificate of competency issued by the division;
1296	2.  Maintains and provides proof of general liability
1297	insurance coverage in the minimum amounts set by rule by the
1298	division; and
1299	3.  Pays a nonrefundable fee of $50.
1300	(4)  REFUSAL TO ISSUE.--The division may refuse to issue a
1301	new or renewal certificate of competency, certified elevator
1302	professional license, or elevator company certification to any
1303	person who does not meet the requirements in this section or who
1304	has violated the provisions in this chapter or the rules adopted
1305	under this chapter.
1306	(5)  RENEWAL.--Each license and certification is valid for
1307	and expires at the end of 1 year and may be renewed by the
1308	division when the division receives the materials required for
1309	qualification as provided in this section and a nonrefundable
1310	fee of $50.
1311	(a)  In addition to the materials required for
1312	qualification, each certificate of competency holder shall
1313	provide proof of:
1314	1.  Completion of 8 hours of continuing education; and
1315	2.  General liability insurance coverage in the minimum
1316	amounts set by the division.
1317	(b)  Each certified elevator inspector shall provide proof
1318	that his or her national credential remains in good standing.
1319	(c)  The department shall adopt rules establishing criteria
1320	for providing approval and procedures for reporting continuing
1321	education.
1322	(6)  ELEVATOR HELPERS AND MECHANICS.--
1323	(a)  Elevator personnel who have not yet obtained a license
1324	may train as or perform work as an elevator helper under the
1325	direct supervision of a certified elevator technician, who must
1326	also be licensed as a certificate of competency holder, to
1327	construct, install, maintain, and repair any conveyance. The
1328	elevator helper shall be a listed employee of the certified
1329	elevator company as prescribed by rule by the division.
1330	(b)  Elevator personnel who have not yet obtained a license
1331	may train as or perform work as an elevator mechanic to
1332	construct, install, maintain, and repair elevators after
1333	successfully completing a formal 4-year apprenticeship training
1334	program and passing a mechanics exam to receive the designation
1335	of elevator mechanic.
1336	(7)  FEES.--Fees collected under this section shall be
1337	deposited into the Hotel and Restaurant Trust Fund.
1338	Section 19.  Section 399.17, Florida Statutes, is created
1339	to read:
1340	399.17  Citations for unlicensed activity; prohibitions;
1341	penalties.--
1342	(1)  A person may not:
1343	(a)  Falsely hold himself or herself or a business
1344	organization out as a licensee or certified elevator
1345	professional;
1346	(b)  Present as his or her own the certificate, license, or
1347	certificate of operation of another;
1348	(c)  Knowingly give false or forged evidence to the
1349	division, bureau, council, or a member thereof;
1350	(d)  Use or attempt to use a license, certificate of
1351	competency, or certificate of operation which has expired, been
1352	suspended, or been revoked;
1353	(e)  Operate a business organization engaged in the
1354	construction, installation, inspection, maintenance,
1355	replacement, repair, and service of conveyances after the
1356	termination, suspension, or revocation of its only certified
1357	elevator professional without designating another primary
1358	certified elevator professional;
1359	(f)  Commence or perform work for which a permit or
1360	certification is required and not in effect; or
1361	(g)  Operate under an expired, suspended, or revoked
1362	license or certificate of competency, registration, permit, or
1363	certificate of operation.
1364	(2)  Any unlicensed person or business organization who
1365	violates any of the provisions in this section commits a
1366	misdemeanor, punishable as provided in s. 399.11.
1367	(3)  The department may issue a stop-work order for all
1368	unlicensed work on a project upon a finding of probable cause
1369	that a construction requiring a permit, certificate, or license
1370	is being performed without a current and valid permit,
1371	certificate, or license. Stop-work orders may be enforced using
1372	any cease and desist order or other related action by the
1373	department.
1374	(4)  A state elevator inspector may issue a citation for
1375	any violation of this section if he or she, based upon a
1376	personal investigation, has reasonable and probable grounds to
1377	believe that such a violation has occurred.
1378	(a)  A citation issued by a state elevator inspector shall
1379	be in a form prescribed by rule by the division and shall
1380	contain:
1381	1.  The time and date of issuance.
1382	2.  The professional license number, conveyance license
1383	number, or conveyance serial number, if available.
1384	3.  The time and date of the violation.
1385	4.  The name and address of the person to whom the citation
1386	is issued.
1387	5.  A brief description of the violation and the facts
1388	constituting reasonable and probable cause.
1389	6.  The name of the state elevator inspector issuing the
1390	citation.
1391	7.  The procedure for the person to follow in order to pay
1392	the civil penalty or to contest the citation.
1393	8.  The applicable civil penalty if the person elects not
1394	to contest the citation.
1395	(b)  The division may cite unlicensed owners, unlicensed
1396	elevator personnel, and uncertified elevator companies under
1397	this section and may establish procedures for implementing this
1398	section, including a schedule of penalties.
1399	(c)  The act for which the citation is issued shall cease
1400	upon receipt of the citation and the person who receives the
1401	citation must correct the violation and respond to the civil
1402	penalty in the manner indicated on the citation or, within 10
1403	days after receiving the citation, exclusive of weekends and
1404	legal holidays, request an administrative hearing.
1405	1.  The department or the Division of Administrative
1406	Hearings shall hold hearings conducted pursuant to chapter 120.
1407	2.  The failure to file an appeal of the decision by the
1408	state elevator inspector within the 10-day time period set forth
1409	in this paragraph constitutes a waiver of the person's right to
1410	an administrative hearing. A waiver of the right to an
1411	administrative hearing shall be deemed an admission of the
1412	violation and penalties may be imposed accordingly.
1413	3.  If the person issued the citation, or his or her
1414	designated representative, shows that the citation is invalid or
1415	that the violation has been corrected before an administrative
1416	hearing, the division may dismiss the citation unless the
1417	violation is irreparable or irreversible.
1418	4.  Each day that a violation knowingly and willfully
1419	continues constitutes a separate offense.
1420	(d)  If the administrative hearing results in a finding
1421	that a violation exists, the department or administrative law
1422	judge may order the violator to pay a civil penalty of not less
1423	than the amount set forth on the citation, but not more than
1424	$1,000 per day for each violation. In determining the amount of
1425	the penalty, the department or administrative law judge, shall
1426	consider:
1427	1.  The gravity of the violation.
1428	2.  Any actions taken by the violator to correct the
1429	violation.
1430	3.  Any previous violations committed by the violator.
1431	(e)  If the violator has not contested the citation or paid
1432	the civil penalty within the timeframe provided in the citation,
1433	or if a violation has not been corrected within the timeframe
1434	set during the administrative proceedings, the division shall
1435	enter an order requiring the violator to pay the civil penalty
1436	provided in the citation. A hearing is not required for the
1437	issuance of such order.
1438	(f)  An aggrieved party may appeal a final order issued by
1439	the department in accordance with s. 120.68. All notices and
1440	administrative proceedings required in this chapter shall be
1441	provided to the alleged violator by certified mail, return
1442	receipt requested, or by hand delivery by the state elevator
1443	inspector.
1444	(g)  Any person who willfully refuses to sign and accept a
1445	citation issued by a state elevator inspector commits a
1446	misdemeanor of the second degree, punishable as provided in s.
1447	775.082 or s. 775.083.
1448	(h)  This section does not prohibit a county or
1449	municipality from enforcing its codes or ordinances by other
1450	means.
1451	(i)  This section does not authorize local jurisdictions to
1452	exercise disciplinary authority or procedures established in
1453	this section against an individual.
1454	(5)  The citation must be issued to the owner of the
1455	unlicensed conveyance or to a natural person who violates the
1456	provisions in subsection (1).
1457	(6)  The remedies set forth in this section are not
1458	exclusive and may be imposed in addition to the remedies set
1459	forth in this chapter.
1460	Section 20.  Section 399.18, Florida Statutes, is created
1461	to read:
1462	399.18  Certified elevator professionals; duties and
1463	requirements.--Certified elevator professionals shall comply
1464	with the duties and requirements in this section in addition to
1465	the duties and requirements in this chapter.
1466	(1)  Certified elevator professionals shall directly
1467	supervise elevator helpers performing the procedures to which
1468	the elevator helper is assigned.
1469	(2)  Certified elevator inspectors shall:
1470	(a)  Inspect conveyances or witness periodic tests in
1471	accordance with this chapter and the rules adopted hereunder,
1472	the Florida Building Code, the latest edition of ASME A17.2
1473	Guide for Inspection of Elevators, Escalators and Moving Walks,
1474	and ASME QEI-1 standards, including the national code of
1475	conduct.
1476	(b)  Submit to the department, in a format approved by the
1477	division, the original inspection report, signed by the
1478	inspector and the owner.
1479	(c)  Provide the certificate of operation holder with a
1480	copy of the elevator inspection report within 5 days after the
1481	date of inspection. A copy of the inspection report shall be
1482	retained for quality assurance review or other inspection-
1483	related requests as provided by rule.
1484	(3)  Private elevator inspectors shall:
1485	(a)  Respond to the department upon any finding of
1486	omissions or errors on the elevator inspection report and shall
1487	submit a corrected inspection report in a timely manner as
1488	prescribed by rule.
1489	(b)  Perform initial or acceptance inspections for
1490	satisfactory compliance with minimum code requirements before
1491	the conveyance is turned over to the owner for use by the
1492	general public.
1493	(4)  State elevator inspectors shall:
1494	(a)  Monitor and oversee any licenseholder or certificate
1495	of operation holder by conducting periodic inspections and
1496	activities.
1497	(b)  Periodically provide reviews for quality assurance by
1498	conducting a physical examination or related compliance
1499	activities for conveyance inspections and tests performed by a
1500	private elevator inspector, on behalf of the division in
1501	accordance with this chapter.
1502	(c)  Provide oversight or the regulatory supervision of
1503	application and permit issuance by the department for elevator
1504	construction, installation, inspection, maintenance, repairs,
1505	and service, and ensure code compliance by elevator companies
1506	and employed personnel working on conveyances to ensure the
1507	health, safety, and welfare of the riding public in accordance
1508	with the Florida Building Code and this chapter.
1509	(5)  Certified elevator inspectors employed by a
1510	municipality or county under contract with the division may not
1511	construct, install, maintain, repair, or perform inspections
1512	other than in the performance of official duties for the
1513	municipality or county on any elevator or conveyance located
1514	within the employing municipality or county.
1515	(6)  Private elevator inspectors may conduct annual safety
1516	inspections and witness periodic tests on behalf of owners.
1517	(7)  Certified elevator inspectors may not have a conflict
1518	of interest with the owner, or with the certified elevator
1519	company that constructed, installed, maintained, or repaired the
1520	conveyance. The certified elevator inspector shall maintain
1521	professional conduct in accordance with rules adopted by the
1522	division, the Florida Building Code, and the latest edition of
1523	the ASME QEI-1 standards.
1524	Section 21.  Section 399.19, Florida Statutes, is created
1525	to read:
1526	399.19  Owners; duties and requirements.--Owners shall
1527	comply with the duties and requirements in this section in
1528	addition to the duties and requirements in this chapter.
1529	(1)  The owner shall assist the department or its agents by
1530	allowing access to the conveyance, machinery rooms and spaces,
1531	and maintenance records at any reasonable time for the purpose
1532	of enforcing this chapter.
1533	(2)  The owner shall provide safe operation, proper
1534	maintenance, and inspection and correction of code deficiencies
1535	of the conveyance after a certificate of operation has been
1536	issued by the department. The owner shall annually renew the
1537	certificate of operation before the current certificate of
1538	operation expires.
1539	(3)  The owner shall forward to the department, in an
1540	electronic format approved by the department, a regional
1541	emergency access notification that compliance measures are not
1542	required or are being implemented. The regional emergency access
1543	notification must also contain specific compliance information,
1544	including the current compliance status, specific measures
1545	required to attain compliance, and certification by a certified
1546	elevator inspector. Fees may not be assessed for the filing of
1547	the regional emergency access notification.
1548	(4)  The owner shall provide to the division the owner's
1549	name, address, city, state, and contact information for each
1550	licensed conveyance.
1551	(5)  The owner shall sign the inspection report after the
1552	inspection by a certified elevator inspector is completed.
1553	Section 22.  Section 399.20, Florida Statutes, is created
1554	to read:
1555	399.20  Enforcement; municipal and county officers to
1556	assist.--Any state or county attorney, sheriff, police officer,
1557	and any other appropriate municipal and county official shall,
1558	upon request, assist the division or any of its agents in the
1559	enforcement of this chapter.
1560	Section 23.  Section 553.509, Florida Statutes, is amended
1561	to read:
1562	553.509  Vertical accessibility.--
1563	(1)  Sections Nothing in ss. 553.501-553.513 or the
1564	guidelines do not shall be construed to relieve the owner of any
1565	building, structure, or facility governed by those sections from
1566	the duty to provide vertical accessibility to all levels above
1567	and below the occupiable grade level, regardless of whether the
1568	guidelines require an elevator to be installed in such building,
1569	structure, or facility, except for:
1570	(1)(a)  Elevator pits, elevator penthouses, mechanical
1571	rooms, piping or equipment catwalks, and automobile lubrication
1572	and maintenance pits and platforms;
1573	(2)(b)  Unoccupiable spaces, such as rooms, enclosed
1574	spaces, and storage spaces that are not designed for human
1575	occupancy, for public accommodations, or for work areas; and
1576	(3)(c)  Occupiable spaces and rooms that are not open to
1577	the public and that house no more than five persons, including,
1578	but not limited to, equipment control rooms and projection
1579	booths.
1580	(2)(a)  Any person, firm, or corporation that owns,
1581	manages, or operates a residential multifamily dwelling,
1582	including a condominium, that is at least 75 feet high and
1583	contains a public elevator, as described in s. 399.035(2) and
1584	(3) and rules adopted by the Florida Building Commission, shall
1585	have at least one public elevator that is capable of operating
1586	on an alternate power source for emergency purposes. Alternate
1587	power shall be available for the purpose of allowing all
1588	residents access for a specified number of hours each day over a
1589	5-day period following a natural disaster, manmade disaster,
1590	emergency, or other civil disturbance that disrupts the normal
1591	supply of electricity. The alternate power source that controls
1592	elevator operations must also be capable of powering any
1593	connected fire alarm system in the building.
1594	(b)  At a minimum, the elevator must be appropriately
1595	prewired and prepared to accept an alternate power source and
1596	must have a connection on the line side of the main disconnect,
1597	pursuant to National Electric Code Handbook, Article 700. In
1598	addition to the required power source for the elevator and
1599	connected fire alarm system in the building, the alternate power
1600	supply must be sufficient to provide emergency lighting to the
1601	interior lobbies, hallways, and other portions of the building
1602	used by the public. Residential multifamily dwellings must have
1603	an available generator and fuel source on the property or have
1604	proof of a current contract posted in the elevator machine room
1605	or other place conspicuous to the elevator inspector affirming a
1606	current guaranteed service contract for such equipment and fuel
1607	source to operate the elevator on an on-call basis within 24
1608	hours after a request. By December 31, 2006, any person, firm or
1609	corporation that owns, manages, or operates a residential
1610	multifamily dwelling as defined in paragraph (a) must provide to
1611	the local building inspection agency verification of engineering
1612	plans for residential multifamily dwellings that provide for the
1613	capability to generate power by alternate means. Compliance with
1614	installation requirements and operational capability
1615	requirements must be verified by local building inspectors and
1616	reported to the county emergency management agency by December
1617	31, 2007.
1618	(c)  Each newly constructed residential multifamily
1619	dwelling, including a condominium, that is at least 75 feet high
1620	and contains a public elevator, as described in s. 399.035(2)
1621	and (3) and rules adopted by the Florida Building Commission,
1622	must have at least one public elevator that is capable of
1623	operating on an alternate power source for the purpose of
1624	allowing all residents access for a specified number of hours
1625	each day over a 5-day period following a natural disaster,
1626	manmade disaster, emergency, or other civil disturbance that
1627	disrupts the normal supply of electricity. The alternate power
1628	source that controls elevator operations must be capable of
1629	powering any connected fire alarm system in the building. In
1630	addition to the required power source for the elevator and
1631	connected fire alarm system, the alternate power supply must be
1632	sufficient to provide emergency lighting to the interior
1633	lobbies, hallways, and other portions of the building used by
1634	the public. Engineering plans and verification of operational
1635	capability must be provided by the local building inspector to
1636	the county emergency management agency before occupancy of the
1637	newly constructed building.
1638	(d)  Each person, firm, or corporation that is required to
1639	maintain an alternate power source under this subsection shall
1640	maintain a written emergency operations plan that details the
1641	sequence of operations before, during, and after a natural or
1642	manmade disaster or other emergency situation. The plan must
1643	include, at a minimum, a lifesafety plan for evacuation,
1644	maintenance of the electrical and lighting supply, and
1645	provisions for the health, safety, and welfare of the residents.
1646	In addition, the owner, manager, or operator of the residential
1647	multifamily dwelling must keep written records of any contracts
1648	for alternative power generation equipment. Also, quarterly
1649	inspection records of lifesafety equipment and alternate power
1650	generation equipment must be posted in the elevator machine room
1651	or other place conspicuous to the elevator inspector, which
1652	confirm that such equipment is properly maintained and in good
1653	working condition, and copies of contracts for alternate power
1654	generation equipment shall be maintained on site for
1655	verification. The written emergency operations plan and
1656	inspection records shall also be open for periodic inspection by
1657	local and state government agencies as deemed necessary. The
1658	owner or operator must keep a generator key in a lockbox posted
1659	at or near any installed generator unit.
1660	(e)  Multistory affordable residential dwellings for
1661	persons age 62 and older that are financed or insured by the
1662	United States Department of Housing and Urban Development must
1663	make every effort to obtain grant funding from the Federal
1664	Government or the Florida Housing Finance Corporation to comply
1665	with this subsection. If an owner of such a residential dwelling
1666	cannot comply with the requirements of this subsection, the
1667	owner must develop a plan with the local emergency management
1668	agency to ensure that residents are evacuated to a place of
1669	safety in the event of a power outage resulting from a natural
1670	or manmade disaster or other emergency situation that disrupts
1671	the normal supply of electricity for an extended period of time.
1672	A place of safety may include, but is not limited to, relocation
1673	to an alternative site within the building or evacuation to a
1674	local shelter.
1675	(f)  As a part of the annual elevator inspection required
1676	under s. 399.061, certified elevator inspectors shall confirm
1677	that all installed generators required by this chapter are in
1678	working order, have current inspection records posted in the
1679	elevator machine room or other place conspicuous to the elevator
1680	inspector, and that the required generator key is present in the
1681	lockbox posted at or near the installed generator. If a building
1682	does not have an installed generator, the inspector shall
1683	confirm that the appropriate prewiring and switching
1684	capabilities are present and that a statement is posted in the
1685	elevator machine room or other place conspicuous to the elevator
1686	inspector affirming a current guaranteed contract exists for
1687	contingent services for alternate power is current for the
1688	operating period.
1689
1690	However, buildings, structures, and facilities must, at as a
1691	minimum, comply with the requirements in the Americans with
1692	Disabilities Act Accessibility Guidelines.
1693	Section 24.  This act shall take effect July 1, 2009.

CODING: Words stricken are deletions; words underlined are additions.