Florida Senate - 2012                          SENATOR AMENDMENT
       Bill No. CS for CS for HB 521
                                Barcode 290336                          
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Floor: WD            .                                
             03/07/2012 09:25 PM       .                                

       Senator Bennett moved the following:
    1         Senate Amendment (with title amendment)
    3         Between lines 26 and 27
    4  insert:
    5         Section 2. Section 489.1138, Florida Statutes, is created
    6  to read:
    7         489.1138 Regulation of hoisting equipment used in
    8  construction, demolition, or excavation work.—
    9         (1) As used in this section, the term:
   10         (a) “Hoisting equipment” means power-operated cranes,
   11  derricks, hoists, elevators, and conveyors used in construction,
   12  demolition, or excavation work that are regulated by the
   13  Occupational Safety and Health Administration under 29 C.F.R.
   14  parts 1910 and 1926.
   15         (b) “Mobile crane” means a type of hoisting equipment
   16  incorporating a cable-suspended latticed boom or hydraulic
   17  telescoping boom designed to be moved between operating
   18  locations by transport over a roadway. The term does not include
   19  a mobile crane with a boom length of less than 25 feet or a
   20  maximum rated load capacity of less than 15,000 pounds.
   21         (c) “Tower crane” means a type of hoisting equipment using
   22  a vertical mast or tower to support a working boom in an
   23  elevated position, where the working boom can rotate to move
   24  loads laterally either by rotating at the top of the mast or
   25  tower or by the rotation of the mast or tower itself, whether
   26  the mast or tower base is fixed in one location or ballasted and
   27  moveable between locations.
   28         (2) An applicant for a building permit for construction,
   29  demolition, or excavation work involving the use of a tower
   30  crane or mobile crane must submit to the local building official
   31  of the appropriate county, municipality, or other political
   32  subdivision:
   33         (a) A site plan accurately identifying the location of the
   34  crane, clearances from above-ground power lines, the location of
   35  adjacent buildings, and the structural foundation of the crane.
   36         (b) Documentation of compliance with the requirements of
   37  all governmental authorities related to operation of the crane
   38  on the work site, including compliance with the lighting
   39  requirements of the Federal Aviation Administration.
   40         (3) When two or more tower cranes or mobile cranes are
   41  operating within the same swing radius, there must be at all
   42  times a clear, independent, and operable channel of radio
   43  communications between the persons operating the cranes.
   44         (4)(a) When a tower crane or mobile crane is located on a
   45  work site, a hurricane and high-wind event preparedness plan for
   46  the crane must be available for inspection at the site.
   47         (b) In preparation for a hurricane or high-wind event,
   48  hoisting equipment must be secured in the following manner:
   49         1. All hoisting equipment must be secured in compliance
   50  with manufacturer recommendations relating to hurricane and
   51  high-wind events, including any recommendations relating to the
   52  placement, use, and removal of advertising banners and rigging.
   53         2. Tower crane turntables must be lubricated before the
   54  event.
   55         3. Fixed booms on mobile cranes must be laid down whenever
   56  feasible.
   57         4. Booms on hydraulic cranes must be retracted and stored.
   58         5. The counterweights of any hoists must be locked below
   59  the top tie-in.
   60         6. Tower cranes must be set in the weathervane position.
   61         7. All rigging must be removed from hoist blocks.
   62         8. All power at the base of tower cranes must be
   63  disconnected.
   64         (5) A person licensed under this part who intentionally
   65  violates this section is subject to discipline under ss. 455.227
   66  and 489.129.
   68  ================= T I T L E  A M E N D M E N T ================
   69         And the title is amended as follows:
   70         Delete lines 2 - 7
   71  and insert:
   72         An act relating to regulation of hoisting equipment
   73         used in construction, demolition, or excavation work;
   74         amending s. 489.113, F.S.; preempting to the state the
   75         regulation of certain hoisting equipment; providing
   76         that the act does not apply to the regulation of
   77         elevators or to airspace height restrictions; creating
   78         s. 489.1138, F.S.; defining the terms “hoisting
   79         equipment,” “mobile crane,” and “tower crane”;
   80         requiring an applicant for a building permit to submit
   81         certain information to a local building official;
   82         requiring radio communications between certain crane
   83         operators; requiring certain preparations for a
   84         hurricane or high-wind event; requiring a preparedness
   85         plan for certain cranes; requiring that hoisting
   86         equipment be secured in a specified manner under
   87         certain circumstances; providing penalties for
   88         violation of the act by certain licensed contractors;
   89         providing an effective date.
   91         WHEREAS, cranes, derricks, hoists, elevators, and conveyors
   92  used in construction, demolition, or excavation work are
   93  currently regulated under federal rules adopted by the
   94  Occupational Safety and Health Administration in 29 C.F.R. parts
   95  1910 and 1926, and
   96         WHEREAS, the Occupational Safety and Health Administration
   97  has conducted a thorough and exhaustive review of these rules in
   98  an effort to better protect against the hazards presented by
   99  these types of hoisting equipment, and
  100         WHEREAS, the review conducted by the Occupational Safety
  101  and Health Administration was undertaken in consultation with
  102  many of the most knowledgeable engineering, construction, and
  103  safety experts in the nation and in the world, and
  104         WHEREAS, this review has culminated in the production of
  105  proposed rules setting forth comprehensive and detailed new
  106  regulations applicable to cranes, derricks, hoists, elevators,
  107  and conveyors, and to the operators of these types of hoisting
  108  equipment, as published in the Federal Register on October 9,
  109  2008, and
  110         WHEREAS, the Occupational Safety and Health Administration
  111  should be commended and supported in these efforts, and
  112         WHEREAS, cranes, derricks, hoists, elevators, and conveyors
  113  are routinely transported across city, county, and state lines,
  114  making uniform federal regulation of these types of hoisting
  115  equipment and their operators essential to commerce, to
  116  Florida’s economic competitiveness, and to minimizing
  117  construction costs in our state, and
  118         WHEREAS, the Occupational Safety and Health Administration
  119  entered into a strategic alliance with the Associated Builders
  120  and Contractors of Florida, the South Florida Chapter of the
  121  Associated General Contractors of America, the Construction
  122  Association of South Florida, and the Florida Crane Owners
  123  Council to improve crane safety, NOW, THEREFORE,