HB 1035

A bill to be entitled
2An act relating to elevator safety; amending s. 399.01,
3F.S.; revising definitions; amending s. 399.02, F.S.;
4conforming a reference to a safety code; requiring the
5Division of Hotels and Restaurants of the Department of
6Business and Professional Regulation to adopt rules;
7authorizing the division to enter certain buildings;
8providing for variances; exempting certain elevators from
9specific code update requirements; providing a phase-in
10period for such elevators; amending s. 399.035, F.S.;
11conforming a reference to certain safety standards;
12amending s. 399.049, F.S.; specifying additional acts by a
13registered elevator company or certificateholder which are
14subject to discipline; amending s. 399.061, F.S.;
15requiring certain licensees to provide written responses
16to departmental requests relating to inspection reports;
17amending s. 399.105, F.S.; extending the time within which
18an elevator owner may comply with certain orders to
19correct; creating s. 399.16, F.S.; providing procedures
20related to citations and discipline relating to unlicensed
21activity; creating s. 399.17, F.S.; providing registration
22and continuing education requirements for certified
23elevator inspectors; amending s. 553.509, F.S.; deleting
24provisions establishing elevator requirements for certain
25residential multifamily buildings; providing an effective
28Be It Enacted by the Legislature of the State of Florida:
30     Section 1.  Subsection (11) of section 399.01, Florida
31Statutes, is repealed, present subsections (12) through (17) of
32that section are redesignated as subsections (11) through (16),
33respectively, and present subsection (14) of that section is
34amended, to read:
35     399.01  Definitions.-As used in this chapter, the term:
36     (13)(14)  "Certified elevator inspector" is a natural
37person registered with and authorized by the division to
38construct, install, inspect, maintain, or repair any vertical
39conveyance, after having properly acquired the qualified
40elevator inspector credential as prescribed by the American
41Society of Mechanical Engineers. Each certified elevator
42inspector must annually register with the division and provide
43proof of completion of 8 hours of continuing education, proof
44that the qualified elevator inspector credential remains in good
45standing, and proof of general liability insurance coverage in
46the minimum amounts set by the division.
48All other building transportation terms are defined in the
49current Florida Building Code.
50     Section 2.  Paragraph (t) of subsection (3) and subsection
51(6) of section 399.02, Florida Statutes, are amended, and
52subsections (8) and (9) are added to that section, to read:
53     399.02  General requirements.-
54     (3)  Equipment not covered by this chapter includes, but is
55not limited to:
56     (t)  Equipment covered in s. 1.1.2 1.2 of the Elevator
57Safety Code.
58     (6)(a)  The department is empowered to carry out all of the
59provisions of this chapter relating to the inspection and
60regulation of elevators and to enforce the provisions of the
61Florida Building Code. The division shall adopt rules to
62administer this chapter.
63     (b)  In order to perform its duties and responsibilities
64under this section, the division may enter and have reasonable
65access to all buildings and rooms or spaces in which an existing
66or newly installed conveyance and equipment are located.
67     (8)  The division may grant variances for undue hardship
68pursuant to s. 120.542 and the rules adopted under this section.
69Such rules must include a process for requests for variances.
70The division may not grant a request for a variance unless it
71finds that the variance will not adversely affect the safety of
72the public.
73     (9)  Updates to the code requiring modifications for Phase
74II Firefighters' Service on existing elevators, as amended into
75the Safety Code for Existing Elevators and Escalators, ASME
76A17.1 and A17.3, may not be enforced on elevators in
77condominiums issued a certificate of occupancy by the local
78building authority as of July 1, 2008, for 5 years or until the
79elevator is replaced or requires major modification, whichever
80occurs first. This exception does not apply to a building for
81which a certificate of occupancy was issued after July 1, 2008.
82This exception does not prevent an elevator owner from
83requesting a variance from the applicable codes before or after
84the expiration of the 5-year term. This subsection does not
85prohibit the division from granting variances pursuant to s.
86120.542 and subsection (8). The division shall adopt rules to
87administer this subsection.
88     Section 3.  Paragraph (c) of subsection (1) of section
89399.035, Florida Statutes, is amended to read:
90     399.035  Elevator accessibility requirements for the
91physically handicapped.-
92     (1)  Each elevator, the installation of which is begun
93after October 1, 1990, must be made accessible to physically
94handicapped persons with the following requirements:
95     (c)  Each elevator covered by this section must be
96available to be used at any time to assist the physically
97handicapped in an emergency evacuation. The requirements of the
98latest revision of s. 2.27 211 of the American Society of
99Mechanical Engineers Standard ASME National Standards Institute
100standard ANSI A17.1 must be complied with to meet the
101requirements of this paragraph.
102     Section 4.  Subsection (1) of section 399.049, Florida
103Statutes, is amended to read:
104     399.049  Disciplinary action.-
105     (1)  The department may suspend or revoke an elevator
106inspector certification, an elevator company registration, an
107elevator certificate of competency, or an elevator certificate
108of operation issued under this chapter or impose an
109administrative penalty of up to $1,000 per violation upon any
110registered elevator company or certificateholder who commits any
111one or more of the following violations:
112     (a)  Any false statement as to a material matter in an
113application for registration, certification, or any permit or
114certificate issued under this chapter.
115     (b)  Fraud, misrepresentation, or bribery in the practice
116of the profession.
117     (c)  Failure by a certified elevator inspector to provide
118the department and the certificate of operation holder with a
119copy of the inspection report within 5 days after the date of
120any inspection performed after the initial certificate of
121operation is issued.
122     (d)  Violation of any provision of this chapter.
123     (e)  Failure by a certified elevator inspector to maintain
124his or her qualified elevator inspector credential in good
126     (f)  Having a license to install, inspect, maintain, or
127repair any vertical conveyance revoked, suspended, or otherwise
128acted against, including the denial of licensure, by the
129licensing authority of another state, territory, or county.
130     (g)  Engaging in fraud or deceit, negligence, incompetency,
131or misconduct in the practice of the profession.
132     Section 5.  Subsection (5) is added to section 399.061,
133Florida Statutes, to read:
134     399.061  Inspections; service maintenance contracts;
135correction of deficiencies.-
136     (5)  A certified elevator inspector or registered elevator
137company shall, upon the written request of the department,
138provide a written response that explains the inspection
139procedures and applications used to prepare an inspection report
140that was found by the department to contain errors or omissions
141of code violations or tests.
142     Section 6.  Subsection (4) of section 399.105, Florida
143Statutes, is amended to read:
144     399.105  Administrative fines.-
145     (4)  An elevator owner who fails to comply with an order to
146correct issued under s. 399.061(4) within 90 30 days after its
147issuance is subject, in addition to any other penalty provided
148by law, to an administrative fine in an amount not to exceed
150     Section 7.  Section 399.16, Florida Statutes, is created to
152     399.16  Unlicensed activity; citations; prohibitions;
154     (1)  The division may issue a citation for unlicensed
155activity upon a finding of probable cause that activity
156requiring a permit, certificate, or license is being performed
157without a valid permit, certificate, or license. The citation
158constitutes a stop work order that may be enforced by the
160     (a)  The citation shall be in a form prescribed by rule.
161The division may adopt rules to administer this section,
162including a schedule of penalties.
163     (b)  The division shall issue a citation to the owner of an
164unlicensed elevator, to unlicensed elevator personnel, or to the
165owner of an unregistered elevator company.
166     (c)  The activity for which a citation is issued shall
167cease upon receipt of the citation and the person who receives
168the citation must correct the violation and respond to the civil
169penalty, which may not exceed $1,000 per violation, or request
170an administrative hearing pursuant to chapter 120.
171     (2)  Each day that a violation continues constitutes a
172separate violation.
173     (3)  The remedies in this section are not exclusive and may
174be imposed in addition to other remedies in this chapter.
175     Section 8.  Section 399.17, Florida Statutes, is created to
177     399.17  Certified elevator inspectors; registration.-Each
178certified elevator inspector must annually register with the
179division and provide proof of completion of 8 hours of
180continuing education, proof of good standing, and proof of
181general liability insurance coverage in the minimum amounts
182established by the division. The registration must remain in
183good standing throughout the license year.
184     Section 9.  Section 553.509, Florida Statutes, is amended
185to read:
186     553.509  Vertical accessibility.-
187     (1)  Nothing in ss. 553.501-553.513 or the guidelines shall
188be construed to relieve the owner of any building, structure, or
189facility governed by those sections from the duty to provide
190vertical accessibility to all levels above and below the
191occupiable grade level, regardless of whether the guidelines
192require an elevator to be installed in such building, structure,
193or facility, except for:
194     (1)(a)  Elevator pits, elevator penthouses, mechanical
195rooms, piping or equipment catwalks, and automobile lubrication
196and maintenance pits and platforms;
197     (2)(b)  Unoccupiable spaces, such as rooms, enclosed
198spaces, and storage spaces that are not designed for human
199occupancy, for public accommodations, or for work areas; and
200     (3)(c)  Occupiable spaces and rooms that are not open to
201the public and that house no more than five persons, including,
202but not limited to, equipment control rooms and projection
204     (2)(a)  Any person, firm, or corporation that owns,
205manages, or operates a residential multifamily dwelling,
206including a condominium, that is at least 75 feet high and
207contains a public elevator, as described in s. 399.035(2) and
208(3) and rules adopted by the Florida Building Commission, shall
209have at least one public elevator that is capable of operating
210on an alternate power source for emergency purposes. Alternate
211power shall be available for the purpose of allowing all
212residents access for a specified number of hours each day over a
2135-day period following a natural disaster, manmade disaster,
214emergency, or other civil disturbance that disrupts the normal
215supply of electricity. The alternate power source that controls
216elevator operations must also be capable of powering any
217connected fire alarm system in the building.
218     (b)  At a minimum, the elevator must be appropriately
219prewired and prepared to accept an alternate power source and
220must have a connection on the line side of the main disconnect,
221pursuant to National Electric Code Handbook, Article 700. In
222addition to the required power source for the elevator and
223connected fire alarm system in the building, the alternate power
224supply must be sufficient to provide emergency lighting to the
225interior lobbies, hallways, and other portions of the building
226used by the public. Residential multifamily dwellings must have
227an available generator and fuel source on the property or have
228proof of a current contract posted in the elevator machine room
229or other place conspicuous to the elevator inspector affirming a
230current guaranteed service contract for such equipment and fuel
231source to operate the elevator on an on-call basis within 24
232hours after a request. By December 31, 2006, any person, firm or
233corporation that owns, manages, or operates a residential
234multifamily dwelling as defined in paragraph (a) must provide to
235the local building inspection agency verification of engineering
236plans for residential multifamily dwellings that provide for the
237capability to generate power by alternate means. Compliance with
238installation requirements and operational capability
239requirements must be verified by local building inspectors and
240reported to the county emergency management agency by December
24131, 2007.
242     (c)  Each newly constructed residential multifamily
243dwelling, including a condominium, that is at least 75 feet high
244and contains a public elevator, as described in s. 399.035(2)
245and (3) and rules adopted by the Florida Building Commission,
246must have at least one public elevator that is capable of
247operating on an alternate power source for the purpose of
248allowing all residents access for a specified number of hours
249each day over a 5-day period following a natural disaster,
250manmade disaster, emergency, or other civil disturbance that
251disrupts the normal supply of electricity. The alternate power
252source that controls elevator operations must be capable of
253powering any connected fire alarm system in the building. In
254addition to the required power source for the elevator and
255connected fire alarm system, the alternate power supply must be
256sufficient to provide emergency lighting to the interior
257lobbies, hallways, and other portions of the building used by
258the public. Engineering plans and verification of operational
259capability must be provided by the local building inspector to
260the county emergency management agency before occupancy of the
261newly constructed building.
262     (d)  Each person, firm, or corporation that is required to
263maintain an alternate power source under this subsection shall
264maintain a written emergency operations plan that details the
265sequence of operations before, during, and after a natural or
266manmade disaster or other emergency situation. The plan must
267include, at a minimum, a lifesafety plan for evacuation,
268maintenance of the electrical and lighting supply, and
269provisions for the health, safety, and welfare of the residents.
270In addition, the owner, manager, or operator of the residential
271multifamily dwelling must keep written records of any contracts
272for alternative power generation equipment. Also, quarterly
273inspection records of lifesafety equipment and alternate power
274generation equipment must be posted in the elevator machine room
275or other place conspicuous to the elevator inspector, which
276confirm that such equipment is properly maintained and in good
277working condition, and copies of contracts for alternate power
278generation equipment shall be maintained on site for
279verification. The written emergency operations plan and
280inspection records shall also be open for periodic inspection by
281local and state government agencies as deemed necessary. The
282owner or operator must keep a generator key in a lockbox posted
283at or near any installed generator unit.
284     (e)  Multistory affordable residential dwellings for
285persons age 62 and older that are financed or insured by the
286United States Department of Housing and Urban Development must
287make every effort to obtain grant funding from the Federal
288Government or the Florida Housing Finance Corporation to comply
289with this subsection. If an owner of such a residential dwelling
290cannot comply with the requirements of this subsection, the
291owner must develop a plan with the local emergency management
292agency to ensure that residents are evacuated to a place of
293safety in the event of a power outage resulting from a natural
294or manmade disaster or other emergency situation that disrupts
295the normal supply of electricity for an extended period of time.
296A place of safety may include, but is not limited to, relocation
297to an alternative site within the building or evacuation to a
298local shelter.
299     (f)  As a part of the annual elevator inspection required
300under s. 399.061, certified elevator inspectors shall confirm
301that all installed generators required by this chapter are in
302working order, have current inspection records posted in the
303elevator machine room or other place conspicuous to the elevator
304inspector, and that the required generator key is present in the
305lockbox posted at or near the installed generator. If a building
306does not have an installed generator, the inspector shall
307confirm that the appropriate prewiring and switching
308capabilities are present and that a statement is posted in the
309elevator machine room or other place conspicuous to the elevator
310inspector affirming a current guaranteed contract exists for
311contingent services for alternate power is current for the
312operating period.
314However, buildings, structures, and facilities must, as a
315minimum, comply with the requirements in the Americans with
316Disabilities Act Accessibility Guidelines.
317     Section 10.  This act shall take effect July 1, 2010.

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