CS/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; providing an effective date.
25Be It Enacted by the Legislature of the State of Florida:
27     Section 1.  Subsection (11) of section 399.01, Florida
28Statutes, is repealed, present subsections (12) through (17) of
29that section are redesignated as subsections (11) through (16),
30respectively, and present subsection (14) of that section is
31amended, to read:
32     399.01  Definitions.-As used in this chapter, the term:
33     (13)(14)  "Certified elevator inspector" is a natural
34person registered with and authorized by the division to
35construct, install, inspect, maintain, or repair any vertical
36conveyance, after having properly acquired the qualified
37elevator inspector credential as prescribed by the American
38Society of Mechanical Engineers. Each certified elevator
39inspector must annually register with the division and provide
40proof of completion of 8 hours of continuing education, proof
41that the qualified elevator inspector credential remains in good
42standing, and proof of general liability insurance coverage in
43the minimum amounts set by the division.
45All other building transportation terms are defined in the
46current Florida Building Code.
47     Section 2.  Paragraph (t) of subsection (3) and subsection
48(6) of section 399.02, Florida Statutes, are amended, and
49subsections (8) and (9) are added to that section, to read:
50     399.02  General requirements.-
51     (3)  Equipment not covered by this chapter includes, but is
52not limited to:
53     (t)  Equipment covered in s. 1.1.2 1.2 of the Elevator
54Safety Code.
55     (6)(a)  The department is empowered to carry out all of the
56provisions of this chapter relating to the inspection and
57regulation of elevators and to enforce the provisions of the
58Florida Building Code. The division shall adopt rules to
59administer this chapter.
60     (b)  In order to perform its duties and responsibilities
61under this section, the division may enter and have reasonable
62access to all buildings and rooms or spaces in which an existing
63or newly installed conveyance and equipment are located.
64     (8)  The division may grant variances for undue hardship
65pursuant to s. 120.542 and the rules adopted under this section.
66Such rules must include a process for requests for variances.
67The division may not grant a request for a variance unless it
68finds that the variance will not adversely affect the safety of
69the public.
70     (9)  Updates to the code requiring modifications for Phase
71II Firefighters' Service on existing elevators, as amended into
72the Safety Code for Existing Elevators and Escalators, ASME
73A17.1 and A17.3, may not be enforced on elevators in
74condominiums or multi-family residential buildings, including
75those that are part of a continuing care facility licensed under
76chapter 651 or similar retirement community with apartments,
77issued a certificate of occupancy by the local building
78authority as of July 1, 2008, for 5 years or until the elevator
79is replaced or requires major modification, whichever occurs
80first. This exception does not apply to a building for which a
81certificate of occupancy was issued after July 1, 2008. This
82exception does not prevent an elevator owner from requesting a
83variance from the applicable codes before or after the
84expiration of the 5-year term. This subsection does not prohibit
85the division from granting variances pursuant to s. 120.542 and
86subsection (8). The division shall adopt rules to administer
87this 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.  This act shall take effect July 1, 2010.

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