Chapter 399 — Chapter 399
19 sections in this chapter.
Fla. Stat. § 399.001 Short title and purpose
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This chapter may be cited as the “Elevator Safety Act.” The purpose of this chapter is to provide for the safety of life and limb and to promote public safety awareness. The use of unsafe and defective lifting devices imposes a substantial probability of serious and preventable i…
Fla. Stat. § 399.01 Definitions
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As used in this chapter, the term:(1) “Alteration” means any change or addition to the vertical conveyance other than maintenance, repair, or replacement.(2) “Certificate of operation” means a document issued by the department which indicates that the conveyance has had the requi…
Fla. Stat. § 399.02 General requirements
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(1) The Elevator Safety Technical Advisory Committee shall develop and submit to the Director of Hotels and Restaurants proposed revisions to the elevator safety code so that it is the same as or similar to the latest editions of ASME A17.1, ASME A17.3, and ASME A18.1.(2) This ch…
Fla. Stat. § 399.03 Design, installation, and alteration of conveyances
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(1) A conveyance covered by this chapter may not be erected, constructed, installed, or altered within buildings or structures until a permit has been obtained from the department. Permits must be applied for by a registered elevator company and may only be granted upon receipt a…
Fla. Stat. § 399.031 Clearance requirements between elevator doors for elevators inside a private residence
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(1) This section may be cited as the “Maxwell Erik ‘Max’ Grablin Act.”(2) For elevators installed in a private residence:(a) The distance between the hoistway face of the hoistway doors and the hoistway edge of the landing sill may not exceed 3/4 inch for swinging doors and 21/4 …
Fla. Stat. § 399.035 Elevator accessibility requirements for the physically handicapped
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(1) Each elevator, the installation of which is begun after October 1, 1990, must be made accessible to physically handicapped persons with the following requirements:(a) In a building having any elevators that do not provide access to every floor level, elevator hallway call but…
Fla. Stat. § 399.049 Disciplinary action
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(1) The department may suspend or revoke an elevator inspector certification, an elevator company registration, an elevator certificate of competency, or an elevator certificate of operation issued under this chapter or impose an administrative penalty of up to $1,000 per violati…
Fla. Stat. § 399.061 Inspections; service maintenance contracts; correction of deficiencies
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(1)(a) All elevators or other conveyances subject to this chapter must be annually inspected by a certified elevator inspector or by a municipality or county under contract with the division pursuant to s. 399.13. If the elevator is not an escalator or a dumbwaiter, serves only t…
Fla. Stat. § 399.07 Certificates of operation; fees
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(1) The certificate of operation is valid for a period not to exceed 2 years and shall expire at the end of the period unless revoked. The department may adopt rules establishing a procedure for certificate renewal. Certificates of operation may be renewed only for vertical conve…
Fla. Stat. § 399.10 Enforcement of law
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It shall be the duty of the department to enforce the provisions of this chapter. The department shall have rulemaking authority to carry out the provisions of this chapter.
Fla. Stat. § 399.105 Administrative fines
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(1) Any person who fails to comply with the reporting requirements of this chapter or with the reasonable requests of the department to determine whether the provisions of a service maintenance contract and its implementation ensure safe elevator operation is subject to an admini…
Fla. Stat. § 399.1061 Elevator Safety Technical Advisory Council
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(1) The Elevator Safety Technical Advisory Council is created within the division and shall consist of eight members appointed by the secretary of the department who meet the following criteria: one representative from a major elevator manufacturing company or its authorized repr…
Fla. Stat. § 399.11 Penalties
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(1) Any person who violates any of the provisions of this chapter or the rules of the department is guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.(2) Any person who falsely represents himself or herself as credentialed under this…
Fla. Stat. § 399.125 Reporting of elevator accidents; penalties
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Within 5 working days after any accident occurring in or upon any elevator, the certificate of operation holder shall report the accident to the division on a form prescribed by the division. Failure to timely file this report is a violation of this chapter and will subject the c…
Fla. Stat. § 399.13 Delegation of authority to municipalities or counties
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(1) The department may enter into contracts with municipalities or counties under which the municipalities or counties will issue construction permits and certificates of operation; will provide for inspection of elevators, including temporary operation inspections; and will enfo…
Fla. Stat. § 399.15 Regional emergency elevator access
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(1) In order to provide emergency access to elevators:(a) For each building in this state which is six or more stories in height, including, but not limited to, hotels and condominiums, on which a building permit is issued after September 30, 2006, all of the keys for elevators t…
Fla. Stat. § 399.16 Unlicensed activity; citations; prohibitions; penalties
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(1) The division may issue a citation for unlicensed activity upon a finding of probable cause that activity requiring a permit, certificate, or license is being performed without a valid permit, certificate, or license. The citation constitutes a stop work order that may be enfo…
Fla. Stat. § 399.17 Certified elevator inspectors; registration
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Each certified elevator inspector must annually register with the division and provide proof of completion of 8 hours of continuing education, proof of good standing, and proof of general liability insurance coverage in the minimum amounts established by the division. The registr…
Fla. Stat. § 399.18 Online services account
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(1) A certified elevator inspector, certified elevator technician, or registered elevator company; a person or entity seeking to become certified or registered as such; a person who has been issued an elevator certificate of competency; a person who is seeking such certificate; a…