LTC 195-2009 Florida Senate Interim Project - Elevator Safety and Regulation~ ' ~ \ f- /~
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OFFICE OF THE CITY MANAGER
No. LTC # 1.95-2009 LETTER TO COMMISSION
TO: Mayor Matti Herrera Bower and Members of the City Commission
FROM: Jorge M. Gonzalez, City Manager `.~ °`~
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DATE: July 14, 2009 1
SUBJECT: Florida Senate Interim Project -Elevator Safety and Regulation
The purpose of this LTC is to inform the Mayor and City Commission of an Interim Project to
be conducted by the Florida Senate regarding Elevator Safety and Regulation. This Interim
Project is in response to the issues raised by the City of Miami Beach during the 2009
legislative session. The specific information included in the Interim Project is provided below.
INTERIM PROJECT TITLE
Review of Elevator Safety and Regulation
DATE DUE
October 1.2009
PROJECT NUMBER
2010-128
ISSUE DESCRIPTION and BACKGROUND
This study will address the concerns and issues presented by the enforcement of elevator
safety code standards that require elevator owners to modify or retrofit elevators in order to
comply with revisions or updates to the elevator safety standards. The Elevator Safety Code
(code) by the Bureau of Elevator Safety (bureau) within the Department of Business and
Professional Regulation requires the owners of existing elevator to retrofit elevators to meet
revisions or updates to the code. A recent decision by the Division of Administrative
Hearings in the case of City of Miami Beach v. Department of Business and Professional
Regulation, held that the bureau could require elevator owners to retrofit their elevators to
meet revisions of the code.
Representatives for elevator owners, including condominium associations and the City of
Miami Beach, have expressed concerns regarding the expense of requiring elevator owners
to retrofit or modify elevators to meet revisions to the code. According the bureau, it has
granted several requests from elevator owners for variances and waivers related to the
expense of complying with revisions to code.
During the 2009 Regular Session, CS/CSiS6 2100 by the Regulated Industries Committee,
Community Affairs Committee, and Senator Bennett amended s. 399.02(6), F.S., to prohibit
the bureau from enforcing any updates to the elevator safety code that require modifications
related to specific safety code provisions for heat sensors and electronic conUols on existing
elevators. This enforcement prohibition would have applied to elevators that were issued a
Letter to Commission
Senate Interim Project-Elevator Satety and Regulation
Page 2 of 2
certificate of operation by July 1, 2008, and would have applied until such time as the
elevator were to be replaced. The bill died in the General Government Appropriations
Committee.
OBJECTIVE
The project will review the adoption of revisions or updates to the elevator safety code and
the enforcement of code revisions by the bureau, and review the bureau's legal authority to
adopt and enforce code revisions. The project will review the costs to elevator owners
related to modifying or retrofitting elevators to meet revisions to the code. The project will
also review the need for Legislative action to address the issues and concems that are
presented by the project, including a discussion of possible Legislative options to address
the issue or concems.
METHODOLOGY
Senate Professional Staff will review the relevant statutory and regulatory provisions related
to elevator safety and regulation. Senate Professional Staff will meet with representatives
from the Bureau of Elevator Safety and the Florida Building Commission to discuss the
adoption of revisions to the Elevator Safety Code and the enforcement of the code. Senate
Professional Staff will review the waiverand variance requests that the bureau has received
and granted related to modifying or reVofitting elevators to meet revisions of the code.
Senate Professional Staff will also discuss these issues and concems with elevatorowners,
including representatives for affected condominium associations and businesses.
CONCLUSION
The Administration will provide you with updates regarding the progress of this project as
they become available. In the meantime, if you have any questions or comments, please do
not hesitate to contact me.
JMGikc
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