HB 521

A bill to be entitled
2An act relating to regulation of hoisting equipment
3used in construction, demolition, or excavation work;
4creating s. 489.1138, F.S.; defining the terms
5"hoisting equipment," "mobile crane," and "tower
6crane"; requiring an applicant for a building permit
7to submit certain information to a local building
8official; requiring radio communications between
9certain crane operators; requiring certain
10preparations for a hurricane or high-wind event;
11requiring a preparedness plan for certain cranes;
12requiring that hoisting equipment be secured in a
13specified manner under certain circumstances;
14providing penalties for violation of the act by
15certain licensed contractors; preempting regulation of
16hoisting equipment and persons operating the equipment
17to the state; providing that the act does not apply to
18the regulation of elevators; providing an effective
21     WHEREAS, cranes, derricks, hoists, elevators, and conveyors
22used in construction, demolition, or excavation work are
23currently regulated under federal rules adopted by the
24Occupational Safety and Health Administration in 29 C.F.R. parts
251910 and 1926, and
26     WHEREAS, the Occupational Safety and Health Administration
27has conducted a thorough and exhaustive review of these rules in
28an effort to better protect against the hazards presented by
29these types of hoisting equipment, and
30     WHEREAS, the review conducted by the Occupational Safety
31and Health Administration was undertaken in consultation with
32many of the most knowledgeable engineering, construction, and
33safety experts in the nation and in the world, and
34     WHEREAS, this review has culminated in the production of
35proposed rules setting forth comprehensive and detailed new
36regulations applicable to cranes, derricks, hoists, elevators,
37and conveyors, and to the operators of these types of hoisting
38equipment, as published in the Federal Register on October 9,
392008, and
40     WHEREAS, the Occupational Safety and Health Administration
41should be commended and supported in these efforts, and
42     WHEREAS, cranes, derricks, hoists, elevators, and conveyors
43are routinely transported across city, county, and state lines,
44making uniform federal regulation of these types of hoisting
45equipment and their operators essential to commerce, to
46Florida's economic competitiveness, and to minimizing
47construction costs in our state, and
48     WHEREAS, the Occupational Safety and Health Administration
49entered into a strategic alliance with the Associated Builders
50and Contractors of Florida, the South Florida Chapter of the
51Associated General Contractors of America, the Construction
52Association of South Florida, and the Florida Crane Owners
53Council to improve crane safety, NOW, THEREFORE,
55Be It Enacted by the Legislature of the State of Florida:
57     Section 1.  Section 489.1138, Florida Statutes, is created
58to read:
59     489.1138  Regulation of hoisting equipment used in
60construction, demolition, or excavation work.-
61     (1)  As used in this section, the term:
62     (a)  "Hoisting equipment" means power-operated cranes,
63derricks, hoists, elevators, and conveyors used in construction,
64demolition, or excavation work that are regulated by the
65Occupational Safety and Health Administration under 29 C.F.R.
66parts 1910 and 1926.
67     (b)  "Mobile crane" means a type of hoisting equipment
68incorporating a cable-suspended latticed boom or hydraulic
69telescoping boom designed to be moved between operating
70locations by transport over a roadway. The term does not include
71a mobile crane with a boom length of less than 25 feet or a
72maximum rated load capacity of less than 15,000 pounds.
73     (c)  "Tower crane" means a type of hoisting equipment using
74a vertical mast or tower to support a working boom in an
75elevated position, where the working boom can rotate to move
76loads laterally either by rotating at the top of the mast or
77tower or by the rotation of the mast or tower itself, whether
78the mast or tower base is fixed in one location or ballasted and
79moveable between locations.
80     (2)  An applicant for a building permit for construction,
81demolition, or excavation work involving the use of a tower
82crane or mobile crane must submit to the local building official
83of the appropriate county, municipality, or other political
85     (a)  A site plan accurately identifying the location of the
86crane, clearances from above-ground power lines, the location of
87adjacent buildings, and the structural foundation of the crane.
88     (b)  Documentation of compliance with the requirements of
89all governmental authorities related to operation of the crane
90on the work site, including compliance with the lighting
91requirements of the Federal Aviation Administration.
92     (3)  When two or more tower cranes or mobile cranes are
93operating within the same swing radius, there must be at all
94times a clear, independent, and operable channel of radio
95communications between the persons operating the cranes.
96     (4)(a)  When a tower crane or mobile crane is located on a
97work site, a hurricane and high-wind event preparedness plan for
98the crane must be available for inspection at the site.
99     (b)  In preparation for a hurricane or high-wind event,
100hoisting equipment must be secured in the following manner:
101     1.  All hoisting equipment must be secured in compliance
102with manufacturer recommendations relating to hurricane and
103high-wind events, including any recommendations relating to the
104placement, use, and removal of advertising banners and rigging.
105     2.  Tower crane turntables must be lubricated before the
107     3.  Fixed booms on mobile cranes must be laid down whenever
109     4.  Booms on hydraulic cranes must be retracted and stored.
110     5.  The counterweights of any hoists must be locked below
111the top tie-in.
112     6.  Tower cranes must be set in the weathervane position.
113     7.  All rigging must be removed from hoist blocks.
114     8.  All power at the base of tower cranes must be
116     (5)  A person licensed under this part who intentionally
117violates this section is subject to discipline under ss. 455.227
118and 489.129.
119     (6)  This section preempts any local act, law, ordinance,
120or regulation, including, but not limited to, a local building
121code or building permit requirement, of a county, municipality,
122or other political subdivision that pertains to the regulation
123of hoisting equipment and persons operating the equipment in the
125     (7)  This section does not apply to the regulation of
126elevators under chapter 399.
127     Section 2.  This act shall take effect upon becoming a law.

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