Florida Senate - 2009                             CS for SB 1332
       
       
       
       By the Committee on Regulated Industries; and Senator Jones
       
       
       
       
       580-04108-09                                          20091332c1
    1                        A bill to be entitled                      
    2         An act relating to elevator safety; amending s.
    3         399.01, F.S.; revising definitions relating to
    4         elevator safety; creating s. 399.015, F.S.; providing
    5         for applicability and exceptions; amending s. 399.02,
    6         F.S.; requiring that the Department of Business and
    7         Professional Regulation perform certain functions
    8         relating to conveyance inspections and the
    9         certification and licensing of elevator professionals
   10         and companies; authorizing the department to employ
   11         certified elevator inspectors to monitor and oversee
   12         licenseholders and certificate of operation holders;
   13         authorizing the Division of Hotels and Restaurants of
   14         the department to grant requests for variances for
   15         undue hardship; providing conditions for granting such
   16         variances; requiring that the Elevator Safety
   17         Technical Advisory Council review applications for
   18         such variances and recommend agency action; requiring
   19         that the division expedite emergency requests for
   20         variances; requiring that the division adopt rules
   21         establishing a variance application process and
   22         associated fees; permitting elevator owners 3 years
   23         following a revision to retrofit an elevator to comply
   24         with noncritical revisions of the Elevator Safety
   25         Code; amending s. 399.03, F.S.; revising provisions
   26         relating to permits for conveyances; replacing the
   27         term “registered” with “certified”; requiring that a
   28         permit be revoked if a worksite or work being
   29         performed is not directly supervised by a certified
   30         elevator professional; creating s. 399.032, F.S.;
   31         providing requirements for the installation and
   32         alteration of conveyances; requiring that the
   33         department assign a license number to each conveyance;
   34         providing requirements for the display of such license
   35         number; creating s. 399.033, F.S.; providing
   36         requirements for the temporary operation of a
   37         conveyance during installation or alteration for a
   38         specified period after inspection; requiring that the
   39         temporary use of a conveyance not exceed 180 days;
   40         requiring that the department post a notice in a
   41         conveyance that is being temporarily used; requiring
   42         that the notice contain certain statements; requiring
   43         that the division adopt rules; amending s. 399.035,
   44         F.S.; revising provisions relating to the requirements
   45         for elevator accessibility for the physically
   46         handicapped; providing requirements for buildings
   47         issued a construction permit after a specified date;
   48         amending s. 399.049, F.S.; revising provisions
   49         relating to disciplinary action taken by the
   50         department for certain violations by a certified
   51         elevator inspector, elevator technician, elevator
   52         company, or certificate of operation holder; providing
   53         for additional violations; amending s. 399.061, F.S.;
   54         revising provisions relating to inspections and
   55         service maintenance contracts; requiring that the
   56         division perform industry inspections to regulate the
   57         quality of annual inspections; authorizing the
   58         division to employ state elevator inspectors on a
   59         probationary status if certain qualifications are met;
   60         requiring that the probationary period not exceed 1
   61         year; amending s. 399.07, F.S.; decreasing the period
   62         that a certificate of operation is valid; authorizing
   63         the department to revoke a certificate of operation if
   64         the department determines that the inspection report
   65         contains omissions or errors; amending s. 399.10,
   66         F.S.; providing penalties; amending s. 399.105, F.S.;
   67         increasing the period in which an owner of a
   68         conveyance must comply with an order to correct;
   69         amending s. 399.1061, F.S.; providing for members of
   70         the Elevator Safety Technical Advisory Council to
   71         appoint a vice chair from among its membership;
   72         requiring that the council meet at least once annually
   73         and upon the division’s request or a majority vote of
   74         the council members; requiring that the council
   75         develop and submit proposed revisions of ch. 399,
   76         F.S., to the director of the Division of Hotels and
   77         Restaurants; requiring that the council annually
   78         review the Safety Code for Elevators and Escalators
   79         and submit recommendations for revisions to the
   80         Florida Building Code to the Florida Building
   81         Commission; amending s. 399.11, F.S.; revising
   82         provisions relating to penalties; amending s. 399.125,
   83         F.S.; revising provisions relating to the reporting
   84         requirements for certain conveyance accidents;
   85         requiring that a state elevator inspector conduct a
   86         safety inspection within a specified period after
   87         receiving an accident report; requiring that the
   88         division submit an annual report that analyzes
   89         accidents to the Governor and the Legislature by a
   90         specified date; amending s. 399.13, F.S.; revising
   91         provisions relating to the authority of municipalities
   92         or counties to issue construction, installation, and
   93         alteration permits and certificates of operation and
   94         to inspect conveyances; authorizing municipalities and
   95         counties to issue temporary operating permits;
   96         amending s. 399.15, F.S.; requiring that the
   97         department maintain a regional emergency elevator
   98         access registry; creating s. 399.16, F.S.; providing
   99         requirements for the issuance of certificates of
  100         competency, certified elevator professional licensure,
  101         and elevator company certification; providing
  102         requirements for the renewal of such certificates and
  103         fees; requiring that the department adopt rules;
  104         requiring that the fees collected from certifications,
  105         licenses, and renewals be deposited into the Hotel and
  106         Restaurant Trust Fund; creating s. 399.17, F.S.;
  107         providing penalties for unlicensed activity;
  108         authorizing the department to issue a stop-work order
  109         for unlicensed work upon a finding of probable cause;
  110         authorizing a state elevator inspector to issue a
  111         citation for unlicensed activity; requiring that the
  112         citation contain certain information; authorizing the
  113         division to issue citations and establish procedures
  114         and penalties; providing for administrative hearings;
  115         creating s. 399.18, F.S.; providing duties and
  116         requirements for certified elevator professionals;
  117         creating s. 399.19, F.S.; providing duties and
  118         requirements for owners of conveyances; creating s.
  119         399.20, F.S.; requiring that certain municipal and
  120         county officers assist the division or its agents in
  121         enforcing ch. 399, F.S.; amending s. 553.509, F.S.;
  122         deleting provisions related to vertical accessibility
  123         to conform to changes made by the act; providing an
  124         effective date.
  125  
  126  Be It Enacted by the Legislature of the State of Florida:
  127  
  128         Section 1. Section 399.01, Florida Statutes, is amended to
  129  read:
  130         399.01 Definitions.—As used in this chapter, the term:
  131         (1) “Alteration” means any change or addition to the
  132  vertical conveyance other than maintenance, repair, or
  133  replacement.
  134         (2)“Certificate of competency” means a credential issued
  135  by the division to any natural person who is qualified to
  136  perform the work of a certified elevator technician or certified
  137  elevator inspector.
  138         (3)(2) “Certificate of operation” means a document issued
  139  by the department which indicates that the conveyance has had
  140  the required safety inspection and tests, that the conveyance is
  141  licensed to operate, and that the appropriate fees have been
  142  paid as provided in this chapter.
  143         (4)“Certified elevator company” means a business entity
  144  registered with and authorized by the division which employs
  145  certified elevator professionals to construct, install, inspect,
  146  maintain, or repair any conveyance.
  147         (5)“Certified elevator inspector” means a natural person
  148  who is licensed by the division and qualified to construct,
  149  install, inspect, maintain, or repair any conveyance.
  150         (6) “Certified elevator professional” means a natural
  151  person who is qualified to perform the duties of a certified
  152  elevator technician or certified elevator inspector and
  153  maintains a certificate of competency or a license issued by the
  154  department.
  155         (7)“Certified elevator technician” means a natural person
  156  who is licensed by the division and qualified to construct,
  157  install, maintain, or repair any conveyance.
  158         (8)(3) “Conveyance” means one of the following mechanical
  159  devices:
  160         (a)An elevator, which is a hoisting and lowering
  161  mechanism, is equipped with a car and platform that moves in
  162  guide rails, and serves two or more landings to transport
  163  material or passengers or both.
  164         (b)An escalator, which is a power-driven, inclined
  165  continuous stairway that is used for raising or lowering
  166  passengers.
  167         (c)A dumbwaiter, which is a hoisting and lowering
  168  mechanism, is equipped with a car of limited size, moves in
  169  guide rails, and serves two or more landings.
  170         (d)A moving walk that is a type of passenger-carrying
  171  device on which passengers stand or walk and in which the
  172  passenger-carrying surface remains parallel to its direction of
  173  motion and is uninterrupted.
  174         (e)An inclined stairway chairlift that is used to
  175  transport physically handicapped persons over architectural
  176  barriers.
  177         (f)An inclined or vertical wheelchair lift that is used to
  178  transport wheelchair-bound handicapped persons over
  179  architectural barriers. an elevator, dumbwaiter, escalator,
  180  moving sidewalk, platform lift, or stairway chairlift.
  181         (9)(4) “Department” means the Department of Business and
  182  Professional Regulation.
  183         (10)“Direct supervision” means that a certified elevator
  184  professional is within the physical proximity of and personally
  185  supervising an elevator helper, enabling timely observation and
  186  evaluation of the work being performed, and ensuring that the
  187  work is completed in accordance with the Florida Building Code,
  188  this chapter, and the rules adopted by the division.
  189         (11)(5) “Division” means the Division of Hotels and
  190  Restaurants of the Department of Business and Professional
  191  Regulation.
  192         (6)“Elevator” means one of the following mechanical
  193  devices:
  194         (a)A hoisting and lowering mechanism, equipped with a car
  195  and platform that moves in guide rails and serves two or more
  196  landings to transport material or passengers or both.
  197         (b)An escalator, which is a power-driven, inclined
  198  continuous stairway used for raising or lowering passengers.
  199         (c)A dumbwaiter, which is a hoisting and lowering
  200  mechanism equipped with a car of limited size which moves in
  201  guide rails and serves two or more landings.
  202         (d)A moving walk, which is a type of passenger-carrying
  203  device on which passengers stand or walk and in which the
  204  passenger-carrying surface remains parallel to its direction of
  205  motion and is uninterrupted.
  206         (e)An inclined stairway chairlift, which is a device used
  207  to transport physically handicapped persons over architectural
  208  barriers.
  209         (f)An inclined or vertical wheelchair lift, which is a
  210  device used to transport wheelchair handicapped persons over
  211  architectural barriers.
  212         (7)“Existing installation” means an installation defined
  213  as an “installation, existing” in the Florida Building Code.
  214         (12)Elevator helper” means a natural person who is not
  215  licensed or certified by the division and who performs work to
  216  construct, install, maintain, or repair any conveyance under the
  217  direct supervision of a certified elevator professional.
  218         (13)(8) “Elevator Safety Technical Advisory Council
  219  Committee” means the council committee appointed by the
  220  Secretary of the Department of Business and Professional
  221  Regulation.
  222         (14)“Existing installation” means the installation of a
  223  conveyance that has completed all construction permit
  224  requirements, that is not in temporary use, and that has been
  225  issued a certificate of operation by the division.
  226         (15)“Inspection” means the physical examination of a
  227  conveyance for compliance with the Elevator Safety Code, as
  228  specified by state law, which is performed by a certified
  229  elevator inspector in accordance with this chapter and the rules
  230  adopted by the division.
  231         (16)“Inspection report” means a record containing the
  232  results of an inspection which is completed on a form prescribed
  233  by rule.
  234         (17)“New installation” means a conveyance that is under
  235  construction until a final acceptance inspection is
  236  satisfactorily completed and the conveyance is turned over to
  237  the owner for public use.
  238         (18)“Owner” means the person who is legally and
  239  financially responsible for the installation, alteration,
  240  repair, replacement, or maintenance of a certificate of
  241  operation and the safe operation of the conveyance.
  242         (19)“Private elevator inspector” means a certified
  243  elevator inspector who is self-employed, employed by a certified
  244  elevator company, or employed by a private business entity.
  245         (20)(9) “Private residence” means a separate dwelling or a
  246  separate apartment in a multiple dwelling which is occupied by
  247  members of a single-family unit.
  248         (21)“Sealed conveyance” means a conveyance that has been
  249  removed from public use by a state elevator inspector in a
  250  manner prescribed by rule.
  251         (22)(10) “Service maintenance contract” means a contract
  252  that provides for routine examination, lubrication, cleaning,
  253  adjustment, replacement of parts, and performance of applicable
  254  code-required safety tests such as on a traction elevator and
  255  annual relief pressure test on a hydraulic elevator and any
  256  other service, repair, and maintenance sufficient to ensure the
  257  safe operation of the elevator. A service maintenance contract
  258  shall be made available upon request of the department for
  259  purposes of oversight and monitoring.
  260         (23)“State elevator inspector” means a certified elevator
  261  inspector who is employed by the department or other
  262  governmental entity for the purpose of conducting conveyance
  263  inspections and compliance activities on behalf of the
  264  department.
  265         (11)“Temporarily dormant conveyance” means a conveyance
  266  whose power supply has been disconnected by removing fuses and
  267  placing a padlock on the mainline disconnect switch in the “OFF”
  268  position. The car is parked, and the hoistway doors are in the
  269  closed and latched position. A wire seal is installed on the
  270  mainline disconnect switch by a certified elevator inspector.
  271  This conveyance may not be used again until it has been put in
  272  safe running order and is in condition for use. Annual
  273  inspections shall continue for the duration of the temporarily
  274  dormant status by a certified elevator inspector. The
  275  temporarily dormant status is renewable on an annual basis and
  276  may not exceed a 5-year period. The inspector shall file a
  277  report with the department describing the current conditions.
  278  The wire seal and padlock may not be removed for any purpose
  279  without permission from the department.
  280         (24)(12) “Temporary operation inspection” means an
  281  inspection performed by a certified elevator inspector, the
  282  successful passage of which permits the temporary use of a
  283  noncompliant vertical conveyance for construction purposes as
  284  provided by rule.
  285         (13)“Registered elevator company” means an entity
  286  registered with and authorized by the division employing persons
  287  to construct, install, inspect, maintain, or repair any vertical
  288  conveyance. Each registered elevator company must annually
  289  register with the division and maintain general liability
  290  insurance coverage in the minimum amounts set by rule.
  291         (14)“Certified elevator inspector” is a natural person
  292  registered with and authorized by the division to construct,
  293  install, inspect, maintain, or repair any vertical conveyance,
  294  after having properly acquired the qualified elevator inspector
  295  credential as prescribed by the American Society of Mechanical
  296  Engineers. Each certified elevator inspector must annually
  297  register with the division and provide proof of completion of 8
  298  hours of continuing education, proof that the qualified elevator
  299  inspector credential remains in good standing, and proof of
  300  general liability insurance coverage in the minimum amounts set
  301  by the division.
  302         (15)“Certified elevator technician” means a natural person
  303  authorized by the division to construct, install, maintain, or
  304  repair any vertical conveyance, after having been issued an
  305  elevator certificate of competency by the division. Each
  306  certified elevator technician must annually register with the
  307  division and be covered by general liability insurance coverage
  308  in the minimum amounts set by the division.
  309         (16)“Elevator helper” means a natural person performing
  310  work under the direct supervision of an elevator certificate of
  311  competency holder to construct, install, maintain, or repair any
  312  vertical conveyance.
  313         (17)“Elevator certificate of competency” means a
  314  credential issued by the division to any individual natural
  315  person successfully completing an examination as prescribed by
  316  rule and paying a nonrefundable fee of $50. Such credential
  317  shall be valid for and expire at the end of 1 year, and may be
  318  renewed by the division when the division receives proof of the
  319  elevator certificate of competency holder’s completion of 8
  320  hours of continuing education from a provider approved by the
  321  department and a nonrefundable renewal fee of $50. The
  322  department shall adopt by rule criteria for providing approval
  323  and procedures for continuing education reporting.
  324         (a)An elevator certificate of competency may be issued
  325  only if the applicant meets the following requirements:
  326         1.Four years’ work experience in the construction,
  327  maintenance, service, and repair of conveyances covered by this
  328  chapter. This experience shall be verified by current or
  329  previously registered elevator companies as required by the
  330  division.
  331         2.One of the following:
  332         a.Proof of completion and successful passage of a written
  333  examination administered by the division or a provider approved
  334  by the division under standards it adopted by rule.
  335         b.Proof of completion of an apprenticeship program for
  336  elevator mechanics which has standards substantially equivalent
  337  to those found in a national training program for elevator
  338  mechanics and is registered with the Bureau of Apprenticeship
  339  and Training of the United States Department of Labor or a state
  340  apprenticeship authority.
  341         c.Proof of licensure or certification by a state or local
  342  jurisdiction in the United States having standards substantially
  343  equal to or more stringent than those of this chapter.
  344         (b)A licensed mechanical engineer whose license is in good
  345  standing may be granted an elevator certificate of competency.
  346  
  347  All other building transportation terms are defined in the
  348  current Florida Building Code.
  349         Section 2. Section 399.015, Florida Statutes, is created to
  350  read:
  351         399.015Application.—
  352         (1)This chapter applies to the design, construction,
  353  operation, inspection, testing, maintenance, alteration, and
  354  repair of the following equipment and its associated parts and
  355  hoistways:
  356         (a)Hoisting and lowering mechanisms equipped with a car or
  357  platform that moves between two or more landings, including, but
  358  not limited to, elevators, platform lifts, and stairway
  359  chairlifts.
  360         (b)Power-driven stairways and walkways for carrying
  361  persons between landings, including, but not limited to,
  362  escalators and moving walks.
  363         (c)Hoisting and lowering mechanisms equipped with a car
  364  that serves two or more landings and is restricted to the
  365  carrying of material by its limited size or limited access to
  366  the car, including, but not limited to, dumbwaiters, material
  367  lifts, and dumbwaiters having automatic-transfer devices.
  368         (2)This chapter does not apply to:
  369         (a)Personnel hoists within the scope of ANSI A10.4 and
  370  material hoists within the scope of ANSI A10.5.
  371         (b)Man lifts within the scope of ASME A90.1.
  372         (c)Mobile scaffolds, mobile towers, and platforms within
  373  the scope of ANSI/SIA A92.
  374         (d)Powered platforms and equipment for exterior and
  375  interior maintenance within the scope of ASME A120.1.
  376         (e)Conveyors and related equipment within the scope of
  377  ASME B20.1.
  378         (f)Cranes, derricks, hoists, hooks, jacks, and slings
  379  within the scope of ASME B30.
  380         (g)Industrial trucks within the scope of ASME B56.
  381         (h)Portable equipment, except for portable escalators,
  382  which are covered by ASME A17.1.
  383         (i)Tiered or piling machines that are used to move
  384  materials to and from storage and that are located and operating
  385  entirely within one story.
  386         (j)Equipment for feeding or positioning materials at
  387  machine tools and printing presses or other similar machinery.
  388         (k)Skip or furnace hoists.
  389         (l)Wharf ramps.
  390         (m)Railroad car lifts or dumpers.
  391         (n)Line jacks, false cars, shafters, moving platforms, and
  392  similar equipment used for installing an elevator.
  393         (o)Automated people movers at airports.
  394         (p)Elevators in television and radio towers.
  395         (q)Hand-operated dumbwaiters.
  396         (r)Sewage pump station lifts.
  397         (s)Automobile parking lifts.
  398         (t)Equipment covered in s. 1.1.2 of ASME A17.1, as adopted
  399  by the Florida Building Code.
  400         (u)Elevators, inclined stairway chairlifts, and inclined
  401  or vertical wheelchair lifts located in private residences.
  402         (v)Platform elevators installed in a ship or offshore
  403  drilling rig and used for the purpose of loading and unloading
  404  cargo, equipment, and personnel.
  405         (w)Dock levelers or freight platform lifts having a travel
  406  distance of 500 millimeters, or 20 inches, or less.
  407         (x)Amusement devices, stage and orchestra lifts, and lift
  408  bridges and other lifting devices regulated by another agency.
  409         Section 3. Section 399.02, Florida Statutes, is amended to
  410  read:
  411         399.02 General requirements.—
  412         (1)The department shall:
  413         (a)Monitor and oversee conveyance inspections for quality
  414  assurance;
  415         (b)Regulate conveyances, certified elevator professionals,
  416  and certified elevator companies; and
  417         (c)Enforce the Florida Building Code.
  418         (2)In order to perform its duties and responsibilities
  419  under this section, the division may enter and have reasonable
  420  access to all buildings and rooms or spaces in which an existing
  421  or newly installed conveyance and equipment are located.
  422         (1)The Elevator Safety Technical Advisory Committee shall
  423  develop and submit to the Director of Hotels and Restaurants
  424  proposed revisions to the elevator safety code so that it is the
  425  same as or similar to the latest editions of ASME A17.1, ASME
  426  A17.3, and ASME A18.1.
  427         (2)This chapter covers the design, construction,
  428  operation, inspection, testing, maintenance, alteration, and
  429  repair of the following equipment and its associated parts and
  430  hoistways:
  431         (a)Hoisting and lowering mechanisms equipped with a car or
  432  platform which move between two or more landings. This equipment
  433  includes, but is not limited to, elevators, platform lifts, and
  434  stairway chairlifts.
  435         (b)Power-driven stairways and walkways for carrying
  436  persons between landings. This equipment includes, but is not
  437  limited to, escalators and moving walks.
  438         (c)Hoisting and lowering mechanisms equipped with a car
  439  which serves two or more landings and is restricted to the
  440  carrying of material by its limited size or limited access to
  441  the car. This equipment includes, but is not limited to,
  442  dumbwaiters, material lifts, and dumbwaiters with automatic
  443  transfer devices.
  444         (3)Equipment not covered by this chapter includes, but is
  445  not limited to:
  446         (a)Personnel hoists and material hoists within the scope
  447  of ASME A10, as adopted by the Florida Building Code.
  448         (b)Man lifts within the scope of ASME A90.1, as adopted by
  449  the Florida Building Code.
  450         (c)Mobile scaffolds, towers, and platforms within the
  451  scope of ANSI A92, as adopted by the Florida Building Code.
  452         (d)Powered platforms and equipment for exterior and
  453  interior maintenance within the scope of ASME A120.1, as adopted
  454  by the Florida Building Code.
  455         (e)Conveyors and related equipment within the scope of
  456  ASME B20.1, as adopted by the Florida Building Code.
  457         (f)Cranes, derricks, hoists, hooks, jacks, and slings
  458  within the scope of ASME B30, as adopted by the Florida Building
  459  Code.
  460         (g)Industrial trucks within the scope of ASME B56, as
  461  adopted by the Florida Building Code.
  462         (h)Portable equipment, except for portable escalators that
  463  are covered by the Florida Building Code.
  464         (i)Tiered or piling machines used to move materials to and
  465  from storage located and operating entirely within one story.
  466         (j)Equipment for feeding or positioning materials at
  467  machine tools and printing presses.
  468         (k)Skip or furnace hoists.
  469         (l)Wharf ramps.
  470         (m)Railroad car lifts or dumpers.
  471         (n)Line jacks, false cars, shafters, moving platforms, and
  472  similar equipment used for installing an elevator by a
  473  contractor licensed in this state.
  474         (o)Automated people movers at airports.
  475         (p)Elevators in television and radio towers.
  476         (q)Hand-operated dumbwaiters.
  477         (r)Sewage pump station lifts.
  478         (s)Automobile parking lifts.
  479         (t)Equipment covered in s. 1.2 of the Elevator Safety
  480  Code.
  481         (u)Elevators, inclined stairway chairlifts, and inclined
  482  or vertical wheelchair lifts located in private residences.
  483         (4)Each elevator shall have a serial number assigned by
  484  the department painted on or attached to the elevator car in
  485  plain view and also to the driving mechanism. This serial number
  486  shall be shown on all required certificates and permits.
  487         (5)(a)The construction permitholder is responsible for the
  488  correction of violations and deficiencies until the elevator has
  489  been inspected and a certificate of operation has been issued by
  490  the department. The construction permitholder is responsible for
  491  all tests of new and altered equipment until the elevator has
  492  been inspected and a certificate of operation has been issued by
  493  the department.
  494         (b)The elevator owner is responsible for the safe
  495  operation, proper maintenance, and inspection and correction of
  496  code deficiencies of the elevator after a certificate of
  497  operation has been issued by the department. The
  498  responsibilities of the elevator owner may be assigned by lease.
  499         (6)The department is empowered to carry out all of the
  500  provisions of this chapter relating to the inspection and
  501  regulation of elevators and to enforce the provisions of the
  502  Florida Building Code.
  503         (3)The department may employ certified elevator inspectors
  504  to monitor and oversee any licenseholder or certificate of
  505  operation holder.
  506         (7)The Elevator Safety Technical Advisory Committee shall
  507  annually review the provisions of the Safety Code for Elevators
  508  and Escalators ASME A17.1, ASME A18.1, or other related model
  509  codes and amendments thereto, concurrent with the update of the
  510  Florida Building Code and recommend to the Florida Building
  511  Commission revisions to the Florida Building Code to maintain
  512  the protection of the public health, safety, and welfare.
  513         (4)(a)The division may grant requests for variances for
  514  undue hardship which may be less restrictive than this section
  515  or the rules adopted by the division under this section. The
  516  division may not grant a request for a variance unless it finds
  517  that:
  518         1.The variance will not adversely affect the safety of the
  519  public;
  520         2.A reasonable alternative to the required construction
  521  does not exist; and
  522         3.The owner did not intentionally cause the hardship.
  523         (b)The Elevator Safety Technical Advisory Council shall
  524  review requests for variances and recommend agency action;
  525  however, variance requests for a type of hardship which were
  526  previously reviewed by the Elevator Safety Technical Advisory
  527  Council and for which precedent exists shall be reviewed and
  528  acted upon by the division. The division shall expedite
  529  emergency requests for variances to ensure that such requests
  530  are acted upon within 30 days after receiving the request.
  531         (5)The division shall adopt rules to administer and
  532  implement this section. The rules must include, but are not
  533  limited to, the process for requests for variances and
  534  associated fees. The fee may not exceed $150 for routine
  535  variance requests and $300 for emergency variance requests.
  536         (6)Elevator owners have 3 years following a revision of
  537  the Elevator Safety Code to retrofit an elevator to comply with
  538  any noncritical revision of the code. This subsection does not
  539  apply to new installations, any replacement of an existing
  540  installation, or any repair of an existing installation for
  541  which a construction permit is required. When revising the
  542  Elevator Safety Code, the division shall determine for each
  543  revision of the Elevator Safety Code whether the new or revised
  544  code requirement is a critical or noncritical revision. To
  545  determine whether a new or revised code requirement is a
  546  critical or noncritical revision of the code, the division
  547  shall:
  548         (a)Determine the nature of the risk of harm or injury to
  549  the public associated with the proposed code revision;
  550         (b)Review whether there have been incidences of harm or
  551  injury to the public related to the risk that the proposed code
  552  revision is intended to address;
  553         (c)Evaluate whether a delay in the implementation of the
  554  proposed code revision would pose a danger to life or safety;
  555         (d)Consider the cost to elevator owners of compliance with
  556  the proposed code revision; and
  557         (e)Determine whether the risks associated with the
  558  proposed code revision may be avoided or whether the benefits
  559  associated with the proposed code revision may be achieved
  560  through alternative means.
  561  
  562  This subsection does not prohibit the division from granting
  563  variances pursuant to ss. 120.542 and 399.02(4). The division
  564  shall adopt rules to administer and implement this subsection.
  565         Section 4. Section 399.03, Florida Statutes, is amended to
  566  read:
  567         399.03 Permits Design, installation, and alteration of
  568  conveyances.—
  569         (1) A conveyance covered by this chapter may not be
  570  erected, constructed, installed, or altered within buildings or
  571  structures until a permit has been obtained from the department.
  572  Permits must be applied for by a certified registered elevator
  573  company and may only be granted only upon receipt and approval
  574  of an application to be made on a form prescribed by the
  575  department, accompanied by proper fees and a sworn statement
  576  from a certified elevator professional acting as an agent of the
  577  certified registered elevator company that the plans meet all
  578  applicable elevator safety and building codes. Permits may be
  579  granted only to certified registered elevator companies in good
  580  standing. When any material alteration is made, the alteration
  581  must conform to applicable requirements of the Florida Building
  582  Code and the provisions of this chapter. A copy of the permit
  583  must be displayed and plans must be kept at the construction
  584  site at all times while the work is in progress and until a
  585  certificate of operation is issued. A permit is shall not be
  586  required for the construction or repair of elevators for the
  587  purpose of complying in seeking to attain compliance with
  588  regional emergency elevator access requirements. Elevator owners
  589  shall forward to the department, in an electronic format
  590  approved by the department, an emergency access notification
  591  that compliance measures are either not required or are being
  592  implemented. The emergency access notification must also contain
  593  specific compliance information, including the current
  594  compliance status, specific measures required to attain
  595  compliance, and certification by a state-certified inspector.
  596  Fees may not be assessed for the filing of the emergency access
  597  notification. The department shall maintain an emergency
  598  elevator access registry that is available to the State Fire
  599  Marshal of the Department of Financial Services for enforcement
  600  purposes.
  601         (2) The Department of Business and Professional Regulation
  602  shall adopt rules to administer this section.
  603         (3)(2) The department shall adopt rules establishing
  604  provide by rule for permit application requirements and permit
  605  fees.
  606         (4)(3) Permits may be revoked if for the following reasons:
  607         (a) There are any false statements or misrepresentations as
  608  to the material facts in the application, plans, or
  609  specifications on which the permit was based.
  610         (b) The permit was issued in error and not in accordance
  611  with the code or rules.
  612         (c) The work detailed under the permit is not being
  613  performed in accordance with the provisions of the application,
  614  plans, or specifications or with the code or conditions of the
  615  permit.
  616         (d) The certified elevator company construction
  617  permitholder to whom the permit was issued fails or refuses to
  618  comply with a stop-work order.
  619         (e)The worksite or the work being performed is not
  620  supervised by a certified elevator professional.
  621         (5)(4) A permit expires if:
  622         (a) The work authorized by the permit is not commenced
  623  within 6 months after the date of issuance, or within a shorter
  624  period of time as the department may specify at the time the
  625  permit is issued.
  626         (b) The work is suspended or abandoned for a period of 60
  627  days, or such shorter period of time as the department may
  628  specify at the time the permit is issued, after the work has
  629  been started. For good cause, the department may allow a
  630  discretionary extension for the foregoing period.
  631         (5)All new conveyance installations must be performed by a
  632  registered elevator company. Before any vertical conveyance is
  633  used, except those in a private residence, it must be inspected
  634  by a certified elevator inspector not employed, associated, or
  635  having a conflict of interest with the elevator construction
  636  permitholder or elevator owner and certified as meeting the
  637  safety provisions of the Florida Building Code, including the
  638  performance of all required safety tests. The certified elevator
  639  inspector shall provide the original copy of the inspection
  640  report to the department within 5 days after the inspection. A
  641  certificate of operation may not be issued until the
  642  permitholder provides an affidavit signed by the construction
  643  supervisor attesting that the supervisor directly supervised the
  644  construction or installation of the elevator. Vertical
  645  conveyances, including stairway chairlifts, and inclined or
  646  vertical wheelchair lifts located in private residences are not
  647  required to obtain a certificate of operation under this
  648  chapter.
  649         (6)At the department’s request, and to facilitate
  650  oversight and monitoring, the permitholder shall notify the
  651  department of the scheduled final inspection date and time for
  652  purposes of acquiring a certificate of inspection.
  653         (7)Each elevator shall comply with the edition of the
  654  Florida Building Code or Elevator Safety Code that was in effect
  655  at the time of receipt of application for the construction
  656  permit for the elevator.
  657         (8)Each alteration to, or relocation of, an elevator shall
  658  comply with the edition of the Florida Building Code or Elevator
  659  Safety Code that was in effect at the time of receipt of the
  660  application for the construction permit for the alteration or
  661  relocation.
  662         (9)When any change is made in the classification of an
  663  elevator, the elevator shall comply with all of the requirements
  664  of the version of the Florida Building Code or Elevator Safety
  665  Code that were in effect at the time of receipt of the
  666  application for the construction permit for the change in
  667  classification.
  668         (10)(a)The temporary use of an elevator during
  669  installation or alteration is authorized for a period of 30 days
  670  after the completion of a satisfactory temporary operation
  671  inspection. An additional 30-day period of temporary use is
  672  authorized from the date of completion of each additional
  673  satisfactory temporary operation inspection. A satisfactory
  674  temporary operation inspection must satisfy the following
  675  criteria: the elevator is tested under contract load; the
  676  hoistway is fully enclosed; the hoistway doors and interlocks
  677  are installed; the car is completely enclosed, including door or
  678  gate and top; all electrical safety devices are installed and
  679  properly functioning; and terminal stopping equipment is in
  680  place for a safe runby and proper clearance. When a car is
  681  provided with a temporary enclosure, the operating means must be
  682  by constant pressure push-button or lever-type switch. The car
  683  may not exceed the minimum safe operating speed of the elevator,
  684  and the governor tripping speed must be set in accordance with
  685  the operating speed of the elevator.
  686         (b)Temporary use is authorized only when a satisfactory
  687  temporary operation inspection report, completed within the last
  688  30 days, by a certified elevator inspector, and a notice
  689  prescribed by the department, bearing a statement that the
  690  elevator has not been finally approved by a certified elevator
  691  inspector, are conspicuously posted in the elevator.
  692         Section 5. Section 399.032, Florida Statutes, is created to
  693  read:
  694         399.032Installation and alteration of conveyances; initial
  695  certificate of operation.—
  696         (1)The department shall assign a license number to each
  697  conveyance, which must be painted on the frame, attached to the
  698  conveyance car in plain view, or attached to the driving
  699  mechanism. The license number must appear on all required
  700  certificates and permits.
  701         (2)Each new installation shall comply with the edition of
  702  the Florida Building Code or Elevator Safety Code which was in
  703  effect during the time that the application for the permit to
  704  install was received.
  705         (3)Each conveyance alteration shall comply with the
  706  edition of the Florida Building Code or Elevator Safety Code
  707  which was in effect during the time that the application for the
  708  permit to alter was received.
  709         (4)If the classification of a conveyance is changed, the
  710  conveyance shall comply with the applicable requirements in the
  711  edition of the Florida Building Code or Elevator Safety Code
  712  which were in effect during the time that the application for
  713  the construction permit for the change in classification was
  714  received.
  715         (5)If any material alteration is made, the alteration must
  716  conform to the applicable requirements in the Florida Building
  717  Code and this chapter.
  718         (6)The certified elevator company that is issued a
  719  construction or alteration permit shall install or alter the
  720  conveyance for which the permit was issued. All new conveyance
  721  installations or alterations on existing conveyances must be
  722  performed by a certified elevator professional employed by a
  723  certified elevator company. The certified elevator company may
  724  assign an elevator helper employed by the same certified
  725  elevator company to assist the certified elevator professional
  726  in his or her duties and for training purposes.
  727         (7)Before any conveyance is used, except a conveyance in a
  728  private residence, it must be inspected by a certified elevator
  729  inspector who is not employed by or associated with, or does not
  730  have any conflict of interest with, the construction
  731  permitholder or owner, and it must be certified as meeting the
  732  safety provisions of the Florida Building Code, including the
  733  performance of all required safety tests.
  734         (8)A certificate of operation may not be issued until the
  735  permitholder provides an affidavit signed by the construction
  736  supervisor attesting that the supervisor directly supervised the
  737  construction or installation of the conveyance.
  738         (9)At the department’s request, the permitholder shall
  739  notify the department of the scheduled final inspection date and
  740  time for the purpose of acquiring a certificate of operation.
  741         (10)A certified elevator inspector shall perform initial
  742  or acceptance inspections for satisfactory compliance with the
  743  minimum code requirements before the conveyance is turned over
  744  to the owner for use by the general public. A satisfactory
  745  inspection is eligible for a certificate of operation to be
  746  issued by the department.
  747         (11)The certified elevator company that is issued a
  748  construction or alteration permit shall correct violations and
  749  deficiencies and shall test new and altered equipment until the
  750  conveyance has been inspected and a certificate of operation has
  751  been issued by the department.
  752         Section 6. Section 399.033, Florida Statutes, is created to
  753  read:
  754         399.033Temporary operation.—
  755         (1)A conveyance may be temporarily used during
  756  installation or alteration for a period of 90 days after a
  757  satisfactory inspection is completed by a certified elevator
  758  inspector for such purpose as prescribed by rule by the
  759  division.
  760         (2)A conveyance may be temporarily used for an additional
  761  30-day period following the date that each additional
  762  satisfactory inspection is completed by a certified elevator
  763  inspector for such purpose as prescribed by rule by the
  764  division.
  765         (3)The temporary use of a conveyance may not exceed 180
  766  days unless a full-load test is performed in addition to the
  767  other inspection requirements relating to temporary operation.
  768         (4)The inspector shall post a notice in a conspicuous
  769  place within a conveyance that is being temporarily used which
  770  states that the conveyance does not meet the requirements of
  771  part I or part II of ASME A17.1.
  772         (5)The division shall adopt rules to administer this
  773  section.
  774         Section 7. Section 399.035, Florida Statutes, is amended to
  775  read:
  776         399.035 Elevator accessibility requirements for the
  777  physically handicapped.—
  778         (1) Each elevator, the installation of which is begun after
  779  October 1, 1990, must be made accessible to physically
  780  handicapped persons with the following requirements:
  781         (a) In a building having any elevators that do not provide
  782  access to every floor level, elevator hallway call buttons on
  783  all main levels of ingress and on any floor that is commonly
  784  served by more than one group of elevators must be marked with
  785  Arabic and braille symbols that indicate floor levels to which
  786  access is provided. The symbols must be placed directly above
  787  each call button.
  788         (b) Each elevator car interior must have a support rail on
  789  at least one wall. All support rails must be smooth and have no
  790  sharp edges and must not be more than 1 1/2 inches thick or 2
  791  1/2 inches in diameter. Support rails must be continuous and a
  792  minimum length of 42 inches overall. The inside surface of
  793  support rails must be 1 1/2 inches clear of the car wall. The
  794  distance from the top of the support rail to the finished car
  795  floor must be at least 31 inches and not more than 33 inches.
  796  Padded or tufted material or decorative materials such as
  797  wallpaper, vinyl, cloth, or the like may not be used on support
  798  rails.
  799         (c) Each elevator covered by this section must be available
  800  to be used at any time to assist the physically handicapped in
  801  an emergency evacuation. The requirements in of the latest
  802  revision of s. 2.27.3 s. 211 of the American Society of
  803  Mechanical Engineers’ National Standards Institute standard ASME
  804  ANSI A17.1 and the accessibility requirements in the Florida
  805  Building Code must be complied with in order to meet the
  806  requirements in of this paragraph.
  807         (d) Interior surface of car enclosures must be of fire
  808  resistive material, and walls must be surfaced with nonabrasive
  809  material. All materials exposed to the car interior must conform
  810  to the standards of the Elevator Safety Code.
  811         (e) A bench or seat may be installed on the rear wall of
  812  the elevator car enclosure, if the bench or seat does not
  813  protrude beyond the vertical plane of the elevator car enclosure
  814  wall when folded into a recess provided for the bench or seat
  815  and, when not in use, the bench or seat automatically folds into
  816  the recess. The bench or seat must be capable of supporting a
  817  live load of at least 250 pounds on any 12-inch by 12-inch area.
  818  A padded, tufted, or other decorative material may not be used
  819  to cover the bench or seat; nor may the bench or seat encroach
  820  on the minimum clear-inside-car dimensions specified in this
  821  section.
  822         (2)(a) Any existing building that is more than three
  823  stories high or in which the vertical distance between the
  824  bottom terminal landing and the top terminal landing exceeds 25
  825  feet must be constructed to contain at least one passenger
  826  elevator that is operational and will accommodate an ambulance
  827  stretcher 76 inches long and 24 inches wide in the horizontal
  828  position.
  829         (b)Any building that is issued a construction permit after
  830  June 30, 2009, and that is more than three stories high, or in
  831  which the vertical distance between the bottom terminal landing
  832  and the top terminal landing exceeds 25 feet, must be
  833  constructed to contain at least one passenger elevator that is
  834  operational and will accommodate an ambulance stretcher 84
  835  inches long and 24 inches wide in the horizontal position.
  836         (3) This section applies only to elevators available for
  837  the transportation of the public. This section does not apply to
  838  elevators restricted by key or similar device to a limited
  839  number of persons in a building that has an elevator that
  840  otherwise meets the requirements of this section or to elevators
  841  used only for the transportation of freight. However, elevators
  842  that are used as freight and passenger elevators for the public
  843  and employees must comply with this section. This section does
  844  not apply to dumbwaiters or escalators.
  845         (4) This section supersedes all other state laws and
  846  regulations and local ordinances and rules affecting the
  847  accessibility of passenger elevators to the physically
  848  handicapped, and the standards established by this section may
  849  not be modified by municipal or county ordinance.
  850         Section 8. Section 399.049, Florida Statutes, is amended to
  851  read:
  852         399.049 Disciplinary action.—
  853         (1) The department may suspend or revoke a certified
  854  elevator inspector license, a certified elevator technician
  855  license an elevator inspector certification, an elevator company
  856  certification registration, a an elevator certificate of
  857  competency, or a an elevator certificate of operation issued
  858  under this chapter or impose an administrative penalty of up to
  859  $1,000 per violation upon any certified elevator inspector,
  860  certified elevator technician, certified registered elevator
  861  company, or certificate of operation holder certificateholder
  862  who commits any one or more of the following violations:
  863         (a) Any false statement as to a material matter in an
  864  application for registration, certification, or any permit,
  865  license, or certificate issued under this chapter.
  866         (b) Fraud, negligence, misconduct, misrepresentation, or
  867  bribery in the practice of the profession.
  868         (c) Failure by a certified elevator inspector to provide
  869  the department and the certificate of operation holder with a
  870  copy of the inspection report within 5 days after the date of
  871  any inspection performed after the initial certificate of
  872  operation is issued.
  873         (d)Failure to obtain a permit to alter or a permit to
  874  install a conveyance before commencing any work on the
  875  installation of any equipment.
  876         (e)Failure to obtain annual inspections in a timely manner
  877  as required in s. 399.061.
  878         (f)Failure by a certified elevator inspector or certified
  879  elevator company to perform a complete inspection on new
  880  installations or a complete routine inspection, including
  881  applicable Category 1, Category 3, or Category 5 Periodic
  882  Testing in accordance with the appropriate edition of ASME
  883  A17.1, which results in equipment turnover for public use and
  884  errors and omissions of code violations and tests.
  885         (g)Failure by a certified elevator inspector or certified
  886  elevator company, upon the written request of the department, to
  887  provide a written response that explains the inspection
  888  procedures and applications of the Elevator Safety Code used by
  889  the certified elevator inspector or certified elevator company
  890  for preparing an inspection report that has been submitted to
  891  the department and found by the department to contain errors and
  892  omissions of code violations and tests.
  893         (h)Failure to provide agents of the department access to
  894  spaces containing conveyance equipment as defined in ASME A17.1,
  895  as adopted by the Florida Building Code, or hindering an agent
  896  of the department in the proper discharge of his or her duties.
  897         (i)Failure to comply with an order requiring the
  898  correction of a violation and the reinspection of the elevator
  899  which is issued by the division under s. 399.061 within 90 days
  900  after the issuance of such order.
  901         (j)Failure to comply with a final order issued by the
  902  division.
  903         (k)Failure by an owner to renew a certificate of
  904  operation, to comply with a notice to discontinue use for
  905  operating without a valid certificate, or continuing to operate
  906  a conveyance after it has been sealed by the department.
  907         (l)Failure by a certified elevator company to have a
  908  certified elevator inspector perform an inspection pursuant to
  909  s. 399.033(1) or (2) on a conveyance in temporary use and to
  910  have a satisfactory inspection certificate conspicuously posted
  911  in such conveyance.
  912         (m)Failure by a certified elevator inspector to comply
  913  with a request for information concerning a regulatory
  914  monitoring inspection by a state elevator inspector or the
  915  department.
  916         (n)(d) Violation of any provision in of this chapter.
  917         (2) Any disciplinary action taken under this chapter must
  918  comply with chapter 120 and any rules adopted thereunder.
  919         Section 9. Section 399.061, Florida Statutes, is amended to
  920  read:
  921         399.061 Inspections; service maintenance contracts;
  922  correction of deficiencies.—
  923         (1)(a) All elevators or other conveyances subject to this
  924  chapter must be annually inspected by a certified elevator
  925  inspector or by a municipality or county under contract with the
  926  division pursuant to s. 399.13. If the elevator is not an
  927  escalator or a dumbwaiter, serves only two adjacent floors, and
  928  is covered by a service maintenance contract, an inspection is
  929  not required so long as the service contract remains in effect.
  930         (b) A statement verifying the existence and performance of
  931  each service maintenance contract must be filed at least
  932  annually with the division and as prescribed by rule.
  933  Cancellation of a service maintenance contract must be reported
  934  to the division as prescribed by rule. A service maintenance
  935  contract shall be made available upon request by the department.
  936         (2)The division shall perform industry inspections to
  937  regulate the quality of the annual inspections. The division
  938  shall provide the owner with a copy of the inspection report
  939  within 5 days after the date of such inspection.
  940         (3)(2) The division may employ state elevator inspectors to
  941  inspect a conveyance an elevator whenever necessary to ensure
  942  its safe operation. The division may also employ state elevator
  943  inspectors to conduct any inspections required in by this
  944  chapter and may charge a fee for each inspection in an amount
  945  sufficient to cover the costs of that inspection, as provided by
  946  rule, if when a private certified elevator inspector is not
  947  available. Each state elevator inspector shall be properly
  948  qualified as a certified elevator inspector; however, the
  949  division may employ state elevator inspectors on a probationary
  950  status who do not possess a qualified elevator inspector
  951  national accreditation and are not yet licensed by the state. A
  952  state elevator inspector hired on a probationary status must
  953  meet the qualifications of national accreditation standards;
  954  must possess elevator industry knowledge, education, and
  955  training; and must be supervised by the division to acquire the
  956  necessary skills and meet the requirements to become a certified
  957  elevator inspector pursuant to this chapter. The probationary
  958  period may not exceed 1 year and shall be rescinded if qualified
  959  elevator inspector national accreditation and a certified
  960  elevator inspector license are not obtained.
  961         (4)(3) Whenever the division determines from the results of
  962  any inspection that, in the interest of the public safety, a
  963  conveyance an elevator is in an unsafe condition, the division
  964  may seal the conveyance elevator or order the discontinuance of
  965  the use of the conveyance elevator until the division determines
  966  by inspection that such conveyance elevator has been
  967  satisfactorily repaired or replaced so that the conveyance
  968  elevator may be operated in a safe manner.
  969         (5)(4) When the division determines that a conveyance an
  970  elevator is in violation of this chapter, the rules adopted
  971  thereunder, or the Florida Building Code, the division may issue
  972  an order to the elevator owner requiring correction of the
  973  violation and reinspection of the conveyance elevator evidencing
  974  the correction.
  975         Section 10. Section 399.07, Florida Statutes, is amended to
  976  read:
  977         399.07 Certificates of operation; fees.—
  978         (1) The certificate of operation is valid for a period not
  979  to exceed 12 months 2 years and shall expire at the end of the
  980  period unless revoked. The department may adopt rules
  981  establishing a procedure for certificate renewal. Certificates
  982  of operation may be renewed only for vertical conveyances having
  983  a current satisfactory inspection. The owner of a conveyance an
  984  elevator operating under with an expired certificate of
  985  operation is in violation of this chapter. Certificate of
  986  operation renewal applications received by the department after
  987  the date of expiration of the last current certificate must be
  988  accompanied by a late fee of $50 in addition to the renewal fee
  989  and any other fees required by law. The department shall adopt
  990  by rule a fee schedule for the renewal of certificates of
  991  operation. The fees must be deposited into the Hotel and
  992  Restaurant Trust Fund.
  993         (2) The certificate of operation must be posted in a
  994  conspicuous location on the conveyance elevator and must be
  995  framed with a transparent cover.
  996         (3) The certificate of operation shall contain the text of
  997  s. 823.12, relating to the prohibition against smoking in
  998  elevators.
  999         (4) In addition to subsection (3), the designation “NO
 1000  SMOKING” along with the international symbol for no smoking
 1001  shall be conspicuously displayed within the interior of the
 1002  elevator in the plain view of the public.
 1003         (5) Except for temporary use authorized by this chapter,
 1004  the operation or use of any newly installed, relocated, or
 1005  altered conveyance elevator is prohibited until the conveyance
 1006  elevator has passed the tests and inspections required by this
 1007  chapter and a certificate of operation has been issued.
 1008         (6) The department may suspend any certificate of operation
 1009  if it finds that the conveyance elevator is not in compliance
 1010  with this chapter or the of rules adopted under this chapter.
 1011  The suspension remains in effect until the department receives
 1012  satisfactory results of an inspection performed by a certified
 1013  elevator inspector indicating that the conveyance elevator has
 1014  been brought into compliance.
 1015         (7)The department may revoke any certificate of operation
 1016  if it finds that the inspection report resulting in the issuance
 1017  contains omissions or errors.
 1018         Section 11. Section 399.10, Florida Statutes, is amended to
 1019  read:
 1020         399.10 Enforcement of law.—
 1021         (1)It shall be the duty of The department shall to enforce
 1022  the provisions in of this chapter and. The department shall
 1023  adopt rules to administer and implement have rulemaking
 1024  authority to carry out the provisions of this chapter.
 1025         (2)Any person who obstructs or hinders an agent of the
 1026  division who is in the proper discharge of his or her duties;
 1027  who fails, neglects, or refuses to obtain a license or pay the
 1028  license fee required by law; or who fails or refuses to perform
 1029  any duty imposed by law or rule commits a misdemeanor of the
 1030  second degree, punishable as provided in s. 776.082 or s.
 1031  775.083. Each day the conveyance operates in violation of law or
 1032  rule is a separate offense. The division may impose
 1033  administrative sanctions for violations of this section.
 1034         Section 12. Section 399.105, Florida Statutes, is amended
 1035  to read:
 1036         399.105 Administrative fines.—
 1037         (1) Any person who fails to comply with the reporting
 1038  requirements in of this chapter or with the reasonable requests
 1039  of the department to determine whether the provisions of a
 1040  service maintenance contract and its implementation ensure safe
 1041  conveyance elevator operation is subject to an administrative
 1042  fine not greater than $1,000 in addition to any other penalty
 1043  provided by law.
 1044         (2) Any person who commences the operation, installation,
 1045  relocation, or alteration of any conveyance elevator for which a
 1046  permit or certificate is required by this chapter without having
 1047  obtained from the department the permit or certificate is
 1048  subject to an administrative fine not greater than $1,000 in
 1049  addition to any other penalty provided by law.
 1050         (3) An elevator owner who continues to operate a conveyance
 1051  an elevator after notice to discontinue its use or after it has
 1052  been sealed by the department is subject to an administrative
 1053  fine not greater than $1,000 for each day the conveyance
 1054  elevator has been operated after the service of the notice or
 1055  sealing by the department, in addition to any other penalty
 1056  provided by law.
 1057         (4) An elevator owner who fails to comply with an order to
 1058  correct issued under s. 399.061(5) s. 399.061(4) within 90 30
 1059  days after its issuance is subject, in addition to any other
 1060  penalty provided by law, to an administrative fine in an amount
 1061  not to exceed $1,000.
 1062         (5) All administrative fines collected shall be deposited
 1063  into the Hotel and Restaurant Trust Fund.
 1064         Section 13. Section 399.1061, Florida Statutes, is amended
 1065  to read:
 1066         399.1061 Elevator Safety Technical Advisory Council.—
 1067         (1) The Elevator Safety Technical Advisory Council is
 1068  created within the division and shall consist of eight members
 1069  appointed by the secretary of the department as follows who meet
 1070  the following criteria:
 1071         (a) One representative from a major elevator manufacturing
 1072  company or its authorized representative;
 1073         (b) One representative from an elevator servicing company;
 1074         (c) One representative from a building design profession;
 1075         (d) One representative of the general public;
 1076         (e) One representative of a local government in this state;
 1077         (f) One representative of a building owner or manager;
 1078         (g) One representative of labor involved in the
 1079  installation, maintenance, and repair of conveyances elevators;
 1080  and
 1081         (h) One representative who is a certified elevator
 1082  inspector from a private inspection service.
 1083  
 1084  The council shall provide technical assistance to the division
 1085  in support of protecting the health, safety, and welfare of the
 1086  public and shall give the division the benefit of the council
 1087  members’ knowledge and experience concerning the industries and
 1088  individual businesses affected by the laws and rules
 1089  administered by the division.
 1090         (2)(a) The council members shall serve 4-year terms, except
 1091  that, to provide for staggered terms, four of the initial
 1092  appointees, as specified by rule, shall serve 2-year terms. All
 1093  subsequent appointments shall be for 4-year terms. The council
 1094  shall appoint one of the members to serve as chair and one of
 1095  the members to serve as vice chair.
 1096         (b) The council members shall serve without compensation,
 1097  except that the members may be reimbursed for per diem and
 1098  travel expenses as provided in s. 112.061.
 1099         (3) The council may consult with engineering authorities
 1100  and organizations concerned with standard safety codes for
 1101  recommendations to the department regarding rules for the
 1102  operation, maintenance, servicing, construction, alteration,
 1103  installation, or inspection of vertical conveyances subject to
 1104  this chapter.
 1105         (4)The council shall meet at least once annually and upon
 1106  the request of the division or a majority of the council
 1107  members.
 1108         (5) The Elevator Safety Technical Advisory Council shall
 1109  develop and submit to the director of the Division of Hotels and
 1110  Restaurants of the Department of Business and Professional
 1111  Regulation proposed revisions to this chapter and the rules
 1112  adopted hereunder to conform to the latest editions of ASME
 1113  A17.1, ASME A17.2, ASME A17.3, and ASME A18.1.
 1114         (6)The Elevator Safety Technical Advisory Council shall
 1115  annually review the Safety Code for Elevators and Escalators
 1116  ASME A17.1, ASME A17.2, ASME A17.3, and ASME A18.1, or other
 1117  related model codes and amendments thereto, concurrent with the
 1118  update of the Florida Building Code, and recommend to the
 1119  Florida Building Commission revisions to the Florida Building
 1120  Code to continue protecting the public health, safety, and
 1121  welfare.
 1122         Section 14. Section 399.11, Florida Statutes, is amended to
 1123  read:
 1124         399.11 Penalties.—
 1125         (1) Any person who violates any of the provisions of this
 1126  chapter or the rules of the department commits is guilty of a
 1127  misdemeanor of the second degree, punishable as provided in s.
 1128  775.082 or s. 775.083.
 1129         (2) Any person who falsely represents himself or herself as
 1130  credentialed under this chapter commits is guilty of a
 1131  misdemeanor of the second degree, punishable as provided in s.
 1132  775.082 or s. 775.083.
 1133         Section 15. Section 399.125, Florida Statutes, is amended
 1134  to read:
 1135         399.125 Reporting of conveyance elevator accidents;
 1136  penalties.—Within 15 5 working days after any accident occurring
 1137  in or upon any conveyance elevator, which results in bodily
 1138  injury requiring medical attention or results in death to any
 1139  person and is presumptively caused by the malfunction of the
 1140  equipment or misuse by a passenger of the equipment, the
 1141  certificate of operation holder shall report the accident to the
 1142  division on a form prescribed by rule by the division. Failure
 1143  to timely file this report is a violation of this chapter and
 1144  will subject the certificate of operation holder to an
 1145  administrative fine, to be imposed by the division, in an amount
 1146  not to exceed $1,000. A state elevator inspector shall conduct a
 1147  safety inspection of the conveyance within 72 hours after
 1148  receiving a report of an accident which complies with the
 1149  reporting requirements in this section. The division shall
 1150  submit to the Governor, the President of the Senate, the Speaker
 1151  of the House of Representatives, and the chairs of the
 1152  legislative appropriations committees an annual report that
 1153  analyzes elevator accidents during the preceding year, including
 1154  the number of accidents that have resulted in medical attention
 1155  or death, and, if available, whether the accidents were the
 1156  result of rider behavior or elevator malfunction. The report
 1157  shall be submitted by September 30 after the end of the fiscal
 1158  year.
 1159         Section 16. Section 399.13, Florida Statutes, is amended to
 1160  read:
 1161         399.13 Delegation of authority to municipalities or
 1162  counties.—
 1163         (1) The department may enter into contracts with
 1164  municipalities or counties under which the municipalities or
 1165  counties will issue construction, installation, and alteration
 1166  permits and certificates of operation; will provide for
 1167  inspection of conveyances elevators, including initial
 1168  acceptance, alteration acceptance, routine, callback, accident,
 1169  complaint, and temporary operation inspections; and will enforce
 1170  the applicable provisions of the Florida Elevator Safety Code
 1171  and the Florida Building Code, as required by this chapter. The
 1172  municipality or county may issue temporary operating permits.
 1173  The municipality or county may choose to require inspections be
 1174  performed by its own inspectors or by private certified elevator
 1175  inspectors. The municipality or county may assess a reasonable
 1176  fee for inspections performed by its inspectors and for
 1177  variances issued in accordance with bureau standards. Each
 1178  agreement shall include a provision that the municipality or
 1179  county shall maintain for inspection by the department copies of
 1180  all applications for permits issued, a copy of each inspection
 1181  report issued, and proper records showing the number of
 1182  certificates of operation issued; shall include a provision that
 1183  each required inspection be conducted by a certified elevator
 1184  inspector; and may include other provisions as the department
 1185  deems necessary. The municipality or county shall enforce the
 1186  Florida Building Code as it applies to this chapter and may
 1187  impose fees and assess and collect fines as part of its
 1188  enforcement activities. License fees that are imposed by the
 1189  municipality or county shall be the same amount as the fees
 1190  imposed by the division. A county or municipality may not issue
 1191  or take disciplinary action against a certificate of competency,
 1192  an elevator inspector certification, an elevator technician
 1193  certification, or an elevator company certification
 1194  registration. However, the department may initiate disciplinary
 1195  action against a registration or certification at the request of
 1196  a county or municipality.
 1197         (2) The department may inspect conveyances make inspections
 1198  of elevators in the municipality or county for the purpose of
 1199  determining that the provisions of this chapter are being met
 1200  and may cancel the contract with any municipality or county that
 1201  the department finds has failed to comply with the contract or
 1202  this chapter. The amendments to chapter 399 by this act shall
 1203  apply only to the installation, relocation, or alteration of an
 1204  elevator for which a permit has been issued after October 1,
 1205  1990.
 1206         Section 17. Section 399.15, Florida Statutes, is amended to
 1207  read:
 1208         399.15 Regional emergency elevator access.—
 1209         (1) In order to provide emergency access to elevators:
 1210         (a) For each building in this state which is six or more
 1211  stories in height, including, but not limited to, hotels and
 1212  condominiums, on which a building permit is issued after
 1213  September 30, 2006, all of the keys for elevators that allow
 1214  public access, including, but not limited to, service and
 1215  freight elevators, must be keyed so as to allow all elevators
 1216  within each of the seven state emergency response regions to
 1217  operate in fire emergency situations with one master elevator
 1218  key.
 1219         (b) Any building in this state which is six or more stories
 1220  in height and has undergone “substantial improvement” as defined
 1221  in s. 161.54(12) must also comply with paragraph (a).
 1222         (2) Each existing building in this state which is six or
 1223  more stories in height must comply with subsection (1) before
 1224  October 1, 2009.
 1225         (3) In addition to elevator owners, owners’ agents,
 1226  certified elevator companies, certified elevator elevator
 1227  contractors, state-certified inspectors, and state agency
 1228  representatives, master elevator keys may be issued only to the
 1229  fire department and may not be issued to any other emergency
 1230  response agency. A person may not duplicate a master elevator
 1231  key for issuance to, or issue such a key to, anyone other than
 1232  authorized fire department personnel. Each master elevator key
 1233  must be marked “DO NOT DUPLICATE.”
 1234         (4) If it is technically, financially, or physically
 1235  impossible to bring a building into compliance with this
 1236  section, the local fire marshal may allow substitute emergency
 1237  measures that will provide reasonable emergency elevator access.
 1238  The local fire marshal’s decision regarding substitute measures
 1239  may be appealed to the State Fire Marshal.
 1240         (5) The Division of State Fire Marshal of the Department of
 1241  Financial Services shall enforce this section. Any person who
 1242  fails to comply with the requirements of this section is subject
 1243  to an administrative fine of not more than $1,000, in addition
 1244  to any other penalty provided by law. All administrative fines
 1245  shall be deposited into the Insurance Regulatory Trust Fund.
 1246         (6) Builders should make every effort to use new technology
 1247  and developments in keying systems which make it possible to
 1248  convert existing equipment so as to provide efficient regional
 1249  emergency elevator access.
 1250         (7) The Department of Financial Services shall adopt rules
 1251  to implement this section, including rules to determine the
 1252  master elevator key to be used within each of the emergency
 1253  response regions.
 1254         (8)The department shall maintain a regional emergency
 1255  elevator access registry that is available to the State Fire
 1256  Marshal of the Department of Financial Services for enforcement
 1257  purposes.
 1258         (9)This section does not affect the application of the
 1259  uniform firesafety standards, the Life Safety Code, or the
 1260  Elevator Safety Code.
 1261         Section 18. Section 399.16, Florida Statutes, is created to
 1262  read:
 1263         399.16Certificate of competency; certified elevator
 1264  professional licensure and elevator company certification
 1265  requirements; renewals; fees.—The department shall issue
 1266  certificates of competency, certified elevator professional
 1267  licenses, and elevator company certifications to any person who
 1268  meets the minimum requirements for the type of certification or
 1269  license for which the person is applying. Each certificate of
 1270  competency, certified elevator professional license, and
 1271  elevator company certification issued under this section is
 1272  valid for and expires at the end of 1 year. The division shall
 1273  adopt rules establishing procedures for applications and the
 1274  renewal of certificates and licenses issued under this section.
 1275         (1)CERTIFICATE OF COMPETENCY.—Each natural person who
 1276  applies for a license as a certified elevator professional must
 1277  obtain a certificate of competency from the division before he
 1278  or she receives a certified elevator professional license. The
 1279  division shall deem qualified and issue a certificate of
 1280  competency to any natural person who pays a nonrefundable fee of
 1281  $50 and meets the following requirements:
 1282         (a)A licensed mechanical engineer whose license is in good
 1283  standing;
 1284         (b)Proof of completion and successful passage of a written
 1285  examination administered by the division or a provider approved
 1286  by the division under standards adopted by rule; or
 1287         (c)Licensure or certification by a state or local
 1288  jurisdiction in the United States having standards substantially
 1289  equal to or more stringent than those in this chapter; and
 1290         1.Four years of nonsupervisory industry work experience
 1291  physically performing the construction, installation,
 1292  maintenance, and repair of conveyances covered by this chapter
 1293  and verified by current or previously registered elevator
 1294  companies, as required by the division; or
 1295         2.Proof of completion of an apprenticeship program for
 1296  elevator mechanics which has standards substantially equivalent
 1297  to the standards of a national training program for elevator
 1298  mechanics and registration with the Bureau of Apprenticeship and
 1299  Training of the United States Department of Labor or a state
 1300  apprenticeship authority.
 1301         (2)CERTIFIED ELEVATOR PROFESSIONAL LICENSURE.—
 1302         (a)Certified elevator technician.—Each natural person must
 1303  apply for and obtain a license from the division before
 1304  commencing the duties of a certified elevator technician. The
 1305  division shall deem qualified and issue a certified elevator
 1306  technician license to any person who:
 1307         1.Holds a valid certificate of competency issued by the
 1308  division;
 1309         2.Provides proof of general liability insurance coverage
 1310  in the minimum amounts set by rule by the division; and
 1311         3.Pays a nonrefundable fee of $50.
 1312         (b)Certified elevator inspector.—Each natural person must
 1313  apply for and obtain a license from the division before
 1314  commencing the duties of a certified elevator inspector. The
 1315  division shall deem qualified and issue a certified elevator
 1316  inspector license to any person who:
 1317         1.Holds a valid certificate of competency issued by the
 1318  division;
 1319         2.Provides proof of a properly acquired and valid
 1320  qualified elevator inspector credential as prescribed by the
 1321  American Society of Mechanical Engineers;
 1322         3.Provides proof of general liability insurance coverage
 1323  in the minimum amounts set by rule by the division; and
 1324         4.Pays a nonrefundable fee of $50.
 1325         (3)CERTIFIED ELEVATOR COMPANIES.—An elevator company must
 1326  register each year with and be certified by the division before
 1327  constructing, installing, inspecting, maintaining, and repairing
 1328  any conveyance under this chapter. The division shall deem
 1329  qualified and issue an elevator company certification to any
 1330  elevator company that:
 1331         1.Provides proof of employment of a natural person who
 1332  holds a certificate of competency issued by the division;
 1333         2.Maintains and provides proof of general liability
 1334  insurance coverage in the minimum amounts set by rule by the
 1335  division; and
 1336         3.Pays a nonrefundable fee of $50.
 1337         (4)REFUSAL TO ISSUE.—The division may refuse to issue a
 1338  new or renewal certificate of competency, certified elevator
 1339  professional license, or elevator company certification to any
 1340  person who does not meet the requirements in this section or who
 1341  has violated the provisions in this chapter or the rules adopted
 1342  under this chapter.
 1343         (5)RENEWAL.—Each license and certification is valid for
 1344  and expires at the end of 1 year and may be renewed by the
 1345  division when the division receives the materials required for
 1346  qualification as provided in this section and a nonrefundable
 1347  fee of $50.
 1348         (a)In addition to the materials required for
 1349  qualification, each certificate of competency holder shall
 1350  provide proof of:
 1351         1.Completion of 8 hours of continuing education; and
 1352         2.General liability insurance coverage in the minimum
 1353  amounts set by the division.
 1354         (b)Each certified elevator inspector shall provide proof
 1355  that his or her national credential remains in good standing.
 1356         (c)The department shall adopt rules establishing criteria
 1357  for providing approval and procedures for reporting continuing
 1358  education.
 1359         (6)ELEVATOR HELPERS AND MECHANICS.—
 1360         (a)Elevator personnel who have not yet obtained a license
 1361  may train as or perform work as an elevator helper under the
 1362  direct supervision of a certified elevator technician, who must
 1363  also be licensed as a certificate of competency holder, to
 1364  construct, install, maintain, and repair any conveyance. The
 1365  elevator helper shall be a listed employee of the certified
 1366  elevator company as prescribed by rule by the division.
 1367         (b)Elevator personnel who have not yet obtained a license
 1368  may train as or perform work as an elevator mechanic to
 1369  construct, install, maintain, and repair elevators after
 1370  successfully completing a formal 4-year apprenticeship training
 1371  program and passing a mechanics exam to receive the designation
 1372  of elevator mechanic.
 1373         (7)FEES.—Fees collected under this section shall be
 1374  deposited into the Hotel and Restaurant Trust Fund.
 1375         Section 19. Section 399.17, Florida Statutes, is created to
 1376  read:
 1377         399.17Citations for unlicensed activity; prohibitions;
 1378  penalties.—
 1379         (1)A person may not:
 1380         (a)Falsely hold himself or herself or a business
 1381  organization out as a licensee or certified elevator
 1382  professional;
 1383         (b)Present as his or her own the certificate, license, or
 1384  certificate of operation of another;
 1385         (c)Knowingly give false or forged evidence to the
 1386  division, bureau, council, or a member thereof;
 1387         (d)Use or attempt to use a license, certificate of
 1388  competency, or certificate of operation which has expired, been
 1389  suspended, or been revoked;
 1390         (e)Operate a business organization engaged in the
 1391  construction, installation, inspection, maintenance,
 1392  replacement, repair, and service of conveyances after the
 1393  termination, suspension, or revocation of its only certified
 1394  elevator professional without designating another primary
 1395  certified elevator professional;
 1396         (f)Commence or perform work for which a permit or
 1397  certification is required and not in effect; or
 1398         (g)Operate under an expired, suspended, or revoked license
 1399  or certificate of competency, registration, permit, or
 1400  certificate of operation.
 1401         (2)Any unlicensed person or business organization who
 1402  violates any of the provisions in this section commits a
 1403  misdemeanor, punishable as provided in s. 399.11.
 1404         (3)The department may issue a stop-work order for all
 1405  unlicensed work on a project upon a finding of probable cause
 1406  that a construction requiring a permit, certificate, or license
 1407  is being performed without a current and valid permit,
 1408  certificate, or license. Stop-work orders may be enforced using
 1409  any cease and desist order or other related action by the
 1410  department.
 1411         (4)A state elevator inspector may issue a citation for any
 1412  violation of this section if he or she, based upon a personal
 1413  investigation, has reasonable and probable grounds to believe
 1414  that such a violation has occurred.
 1415         (a)A citation issued by a state elevator inspector shall
 1416  be in a form prescribed by rule by the division and shall
 1417  contain:
 1418         1.The time and date of issuance.
 1419         2.The professional license number, conveyance license
 1420  number, or conveyance serial number, if available.
 1421         3.The time and date of the violation.
 1422         4.The name and address of the person to whom the citation
 1423  is issued.
 1424         5.A brief description of the violation and the facts
 1425  constituting reasonable and probable cause.
 1426         6.The name of the state elevator inspector issuing the
 1427  citation.
 1428         7.The procedure for the person to follow in order to pay
 1429  the civil penalty or to contest the citation.
 1430         8.The applicable civil penalty if the person elects not to
 1431  contest the citation.
 1432         (b)The division may cite unlicensed owners, unlicensed
 1433  elevator personnel, and uncertified elevator companies under
 1434  this section and may establish procedures for implementing this
 1435  section, including a schedule of penalties.
 1436         (c)The act for which the citation is issued shall cease
 1437  upon receipt of the citation and the person who receives the
 1438  citation must correct the violation and respond to the civil
 1439  penalty in the manner indicated on the citation or, within 21
 1440  days after receiving the citation, exclusive of weekends and
 1441  legal holidays, request an administrative hearing.
 1442         1.The division or the Division of Administrative Hearings
 1443  shall hold hearings conducted pursuant to chapter 120.
 1444         2.The failure to file a written request for an
 1445  administrative hearing which complies with s. 120.569 regarding
 1446  the citation within the 21-day time period set forth in this
 1447  paragraph constitutes a waiver of the person’s right to request
 1448  an administrative hearing. A waiver of the right to request an
 1449  administrative hearing shall be deemed an admission of the
 1450  violation and penalties may be imposed accordingly.
 1451         3.If the person issued the citation, or his or her
 1452  designated representative, shows that the citation is invalid or
 1453  that the violation has been corrected before an administrative
 1454  hearing, the division may dismiss the citation unless the
 1455  violation is irreparable or irreversible.
 1456         4.Each day that a violation knowingly and willfully
 1457  continues constitutes a separate offense.
 1458         (d)If the administrative hearing results in a finding that
 1459  a violation exists, the division or administrative law judge may
 1460  order the violator to pay a civil penalty of not less than the
 1461  amount set forth on the citation, but not more than $1,000 per
 1462  day for each violation. In determining the amount of the
 1463  penalty, the division or administrative law judge, shall
 1464  consider:
 1465         1.The gravity of the violation.
 1466         2.Any actions taken by the violator to correct the
 1467  violation.
 1468         3.Any previous violations committed by the violator.
 1469         (e)If the violator has not contested the citation or paid
 1470  the civil penalty within the timeframe provided in the citation,
 1471  the division shall enter a final order requiring the violator to
 1472  pay the civil penalty provided in the citation. A hearing is not
 1473  required for the issuance of such final order.
 1474         (f)An aggrieved party may appeal a final order issued by
 1475  the division in accordance with s. 120.68. All notices and
 1476  administrative proceedings required in this section shall be
 1477  provided to the alleged violator by certified mail, return
 1478  receipt requested, or by hand delivery by the state elevator
 1479  inspector.
 1480         (g)Any person who willfully refuses to sign and accept a
 1481  citation issued by a state elevator inspector commits a
 1482  misdemeanor of the second degree, punishable as provided in s.
 1483  775.082 or s. 775.083.
 1484         (h)This section does not prohibit a county or municipality
 1485  from enforcing its codes or ordinances by other means.
 1486         (i)This section does not authorize local jurisdictions to
 1487  exercise disciplinary authority or procedures established in
 1488  this section against an individual.
 1489         (5)The citation must be issued to the owner of the
 1490  unlicensed conveyance or to a natural person who violates the
 1491  provisions in subsection (1).
 1492         (6)The remedies set forth in this section are not
 1493  exclusive and may be imposed in addition to the remedies set
 1494  forth in this chapter.
 1495         Section 20. Section 399.18, Florida Statutes, is created to
 1496  read:
 1497         399.18Certified elevator professionals; duties and
 1498  requirements.—Certified elevator professionals shall comply with
 1499  the duties and requirements in this section in addition to the
 1500  duties and requirements in this chapter.
 1501         (1)Certified elevator professionals shall directly
 1502  supervise elevator helpers performing the procedures to which
 1503  the elevator helper is assigned.
 1504         (2)Certified elevator inspectors shall:
 1505         (a)Inspect conveyances or witness periodic tests in
 1506  accordance with this chapter and the rules adopted hereunder,
 1507  the Florida Building Code, the latest edition of ASME A17.2
 1508  Guide for Inspection of Elevators, Escalators and Moving Walks,
 1509  and ASME QEI-1 standards, including the national code of
 1510  conduct.
 1511         (b)Submit to the department, in a format approved by the
 1512  division, the original inspection report, signed by the
 1513  inspector and the owner.
 1514         (c)Provide the certificate of operation holder with a copy
 1515  of the elevator inspection report within 5 days after the date
 1516  of inspection. A copy of the inspection report shall be retained
 1517  for quality assurance review or other inspection-related
 1518  requests as provided by rule.
 1519         (3)Private elevator inspectors shall:
 1520         (a)Respond to the department upon any finding of omissions
 1521  or errors on the elevator inspection report and shall submit a
 1522  corrected inspection report in a timely manner as prescribed by
 1523  rule.
 1524         (b)Perform initial or acceptance inspections for
 1525  satisfactory compliance with minimum code requirements before
 1526  the conveyance is turned over to the owner for use by the
 1527  general public.
 1528         (4)State elevator inspectors shall:
 1529         (a)Monitor and oversee any licenseholder or certificate of
 1530  operation holder by conducting periodic inspections and
 1531  activities.
 1532         (b)Periodically provide reviews for quality assurance by
 1533  conducting a physical examination or related compliance
 1534  activities for conveyance inspections and tests performed by a
 1535  private elevator inspector, on behalf of the division in
 1536  accordance with this chapter.
 1537         (c)Provide oversight or the regulatory supervision of
 1538  application and permit issuance by the department for elevator
 1539  construction, installation, inspection, maintenance, repairs,
 1540  and service, and ensure code compliance by elevator companies
 1541  and employed personnel working on conveyances to ensure the
 1542  health, safety, and welfare of the riding public in accordance
 1543  with the Florida Building Code and this chapter.
 1544         (5)Certified elevator inspectors employed by a
 1545  municipality or county under contract with the division may not
 1546  construct, install, maintain, repair, or perform inspections
 1547  other than in the performance of official duties for the
 1548  municipality or county on any elevator or conveyance located
 1549  within the employing municipality or county.
 1550         (6)Private elevator inspectors may conduct annual safety
 1551  inspections and witness periodic tests on behalf of owners.
 1552         (7)Certified elevator inspectors may not have a conflict
 1553  of interest with the owner, or with the certified elevator
 1554  company that constructed, installed, maintained, or repaired the
 1555  conveyance. The certified elevator inspector shall maintain
 1556  professional conduct in accordance with rules adopted by the
 1557  division, the Florida Building Code, and the latest edition of
 1558  the ASME QEI-1 standards.
 1559         Section 21. Section 399.19, Florida Statutes, is created to
 1560  read:
 1561         399.19Owners; duties and requirements.—Owners shall comply
 1562  with the duties and requirements in this section in addition to
 1563  the duties and requirements in this chapter.
 1564         (1)The owner shall assist the department or its agents by
 1565  allowing access to the conveyance, machinery rooms and spaces,
 1566  and maintenance records at any reasonable time for the purpose
 1567  of enforcing this chapter.
 1568         (2)The owner shall provide safe operation, proper
 1569  maintenance, and inspection and correction of code deficiencies
 1570  of the conveyance after a certificate of operation has been
 1571  issued by the department. The owner shall annually renew the
 1572  certificate of operation before the current certificate of
 1573  operation expires.
 1574         (3)The owner shall forward to the department, in an
 1575  electronic format approved by the department, a regional
 1576  emergency access notification that compliance measures are not
 1577  required or are being implemented. The regional emergency access
 1578  notification must also contain specific compliance information,
 1579  including the current compliance status, specific measures
 1580  required to attain compliance, and certification by a certified
 1581  elevator inspector. Fees may not be assessed for the filing of
 1582  the regional emergency access notification.
 1583         (4)The owner shall provide to the division the owner’s
 1584  name, address, city, state, and contact information for each
 1585  licensed conveyance.
 1586         (5)The owner shall sign the inspection report after the
 1587  inspection by a certified elevator inspector is completed.
 1588         Section 22. Section 399.20, Florida Statutes, is created to
 1589  read:
 1590         399.20Enforcement; municipal and county officers to
 1591  assist.—Any state or county attorney, sheriff, police officer,
 1592  and any other appropriate municipal and county official shall,
 1593  upon request, assist the division or any of its agents in the
 1594  enforcement of this chapter.
 1595         Section 23. Section 553.509, Florida Statutes, is amended
 1596  to read:
 1597         553.509 Vertical accessibility.—
 1598         (1)Sections Nothing in ss. 553.501-553.513 or the
 1599  guidelines do not shall be construed to relieve the owner of any
 1600  building, structure, or facility governed by those sections from
 1601  the duty to provide vertical accessibility to all levels above
 1602  and below the occupiable grade level, regardless of whether the
 1603  guidelines require an elevator to be installed in such building,
 1604  structure, or facility, except for:
 1605         (1)(a) Elevator pits, elevator penthouses, mechanical
 1606  rooms, piping or equipment catwalks, and automobile lubrication
 1607  and maintenance pits and platforms;
 1608         (2)(b) Unoccupiable spaces, such as rooms, enclosed spaces,
 1609  and storage spaces that are not designed for human occupancy,
 1610  for public accommodations, or for work areas; and
 1611         (3)(c) Occupiable spaces and rooms that are not open to the
 1612  public and that house no more than five persons, including, but
 1613  not limited to, equipment control rooms and projection booths.
 1614         (2)(a)Any person, firm, or corporation that owns, manages,
 1615  or operates a residential multifamily dwelling, including a
 1616  condominium, that is at least 75 feet high and contains a public
 1617  elevator, as described in s. 399.035(2) and (3) and rules
 1618  adopted by the Florida Building Commission, shall have at least
 1619  one public elevator that is capable of operating on an alternate
 1620  power source for emergency purposes. Alternate power shall be
 1621  available for the purpose of allowing all residents access for a
 1622  specified number of hours each day over a 5-day period following
 1623  a natural disaster, manmade disaster, emergency, or other civil
 1624  disturbance that disrupts the normal supply of electricity. The
 1625  alternate power source that controls elevator operations must
 1626  also be capable of powering any connected fire alarm system in
 1627  the building.
 1628         (b)At a minimum, the elevator must be appropriately
 1629  prewired and prepared to accept an alternate power source and
 1630  must have a connection on the line side of the main disconnect,
 1631  pursuant to National Electric Code Handbook, Article 700. In
 1632  addition to the required power source for the elevator and
 1633  connected fire alarm system in the building, the alternate power
 1634  supply must be sufficient to provide emergency lighting to the
 1635  interior lobbies, hallways, and other portions of the building
 1636  used by the public. Residential multifamily dwellings must have
 1637  an available generator and fuel source on the property or have
 1638  proof of a current contract posted in the elevator machine room
 1639  or other place conspicuous to the elevator inspector affirming a
 1640  current guaranteed service contract for such equipment and fuel
 1641  source to operate the elevator on an on-call basis within 24
 1642  hours after a request. By December 31, 2006, any person, firm or
 1643  corporation that owns, manages, or operates a residential
 1644  multifamily dwelling as defined in paragraph (a) must provide to
 1645  the local building inspection agency verification of engineering
 1646  plans for residential multifamily dwellings that provide for the
 1647  capability to generate power by alternate means. Compliance with
 1648  installation requirements and operational capability
 1649  requirements must be verified by local building inspectors and
 1650  reported to the county emergency management agency by December
 1651  31, 2007.
 1652         (c)Each newly constructed residential multifamily
 1653  dwelling, including a condominium, that is at least 75 feet high
 1654  and contains a public elevator, as described in s. 399.035(2)
 1655  and (3) and rules adopted by the Florida Building Commission,
 1656  must have at least one public elevator that is capable of
 1657  operating on an alternate power source for the purpose of
 1658  allowing all residents access for a specified number of hours
 1659  each day over a 5-day period following a natural disaster,
 1660  manmade disaster, emergency, or other civil disturbance that
 1661  disrupts the normal supply of electricity. The alternate power
 1662  source that controls elevator operations must be capable of
 1663  powering any connected fire alarm system in the building. In
 1664  addition to the required power source for the elevator and
 1665  connected fire alarm system, the alternate power supply must be
 1666  sufficient to provide emergency lighting to the interior
 1667  lobbies, hallways, and other portions of the building used by
 1668  the public. Engineering plans and verification of operational
 1669  capability must be provided by the local building inspector to
 1670  the county emergency management agency before occupancy of the
 1671  newly constructed building.
 1672         (d)Each person, firm, or corporation that is required to
 1673  maintain an alternate power source under this subsection shall
 1674  maintain a written emergency operations plan that details the
 1675  sequence of operations before, during, and after a natural or
 1676  manmade disaster or other emergency situation. The plan must
 1677  include, at a minimum, a lifesafety plan for evacuation,
 1678  maintenance of the electrical and lighting supply, and
 1679  provisions for the health, safety, and welfare of the residents.
 1680  In addition, the owner, manager, or operator of the residential
 1681  multifamily dwelling must keep written records of any contracts
 1682  for alternative power generation equipment. Also, quarterly
 1683  inspection records of lifesafety equipment and alternate power
 1684  generation equipment must be posted in the elevator machine room
 1685  or other place conspicuous to the elevator inspector, which
 1686  confirm that such equipment is properly maintained and in good
 1687  working condition, and copies of contracts for alternate power
 1688  generation equipment shall be maintained on site for
 1689  verification. The written emergency operations plan and
 1690  inspection records shall also be open for periodic inspection by
 1691  local and state government agencies as deemed necessary. The
 1692  owner or operator must keep a generator key in a lockbox posted
 1693  at or near any installed generator unit.
 1694         (e)Multistory affordable residential dwellings for persons
 1695  age 62 and older that are financed or insured by the United
 1696  States Department of Housing and Urban Development must make
 1697  every effort to obtain grant funding from the Federal Government
 1698  or the Florida Housing Finance Corporation to comply with this
 1699  subsection. If an owner of such a residential dwelling cannot
 1700  comply with the requirements of this subsection, the owner must
 1701  develop a plan with the local emergency management agency to
 1702  ensure that residents are evacuated to a place of safety in the
 1703  event of a power outage resulting from a natural or manmade
 1704  disaster or other emergency situation that disrupts the normal
 1705  supply of electricity for an extended period of time. A place of
 1706  safety may include, but is not limited to, relocation to an
 1707  alternative site within the building or evacuation to a local
 1708  shelter.
 1709         (f)As a part of the annual elevator inspection required
 1710  under s. 399.061, certified elevator inspectors shall confirm
 1711  that all installed generators required by this chapter are in
 1712  working order, have current inspection records posted in the
 1713  elevator machine room or other place conspicuous to the elevator
 1714  inspector, and that the required generator key is present in the
 1715  lockbox posted at or near the installed generator. If a building
 1716  does not have an installed generator, the inspector shall
 1717  confirm that the appropriate prewiring and switching
 1718  capabilities are present and that a statement is posted in the
 1719  elevator machine room or other place conspicuous to the elevator
 1720  inspector affirming a current guaranteed contract exists for
 1721  contingent services for alternate power is current for the
 1722  operating period.
 1723  
 1724  However, buildings, structures, and facilities must, at as a
 1725  minimum, comply with the requirements in the Americans with
 1726  Disabilities Act Accessibility Guidelines.
 1727         Section 24. This act shall take effect July 1, 2009.