RESOLUTION 90-20085 RESOLUTION NO. 90-20085
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA,AUTHORIZING THE MAYOR
AND THE CITY CLERK TO EXECUTE, ON BEHALF OF THE
CITY, AN AGREEMENT WITH THE STATE OF FLORIDA
DEPARTMENT OF BUSINESS REGULATION, DIVISION OF
HOTELS AND RESTAURANTS, DELEGATING TO THE CITY
OF MIAMI BEACH THE AUTHORITY UNDER CHAPTER 399,
FLORIDA STATUTES,TO ISSUE CONSTRUCTION PERMITS,
TEMPORARY OPERATION PERMITS,AND CERTIFICATES OF
OPERATION, PROVIDE INSPECTION OF ELEVATORS, AND
ENFORCE THE ELEVATOR SAFETY CODE WITHIN THE
CITY OF MIAMI BEACH FOR ALL ELEVATORS, EXCEPT
FOR ELEVATORS OWNED BY METROPOLITAN DADE
COUNTY.
WHEREAS, the City Commission of the City of Miami Beach is
aware that it is in the best interests of the City of Miami Beach
for elevator inspection laws to be enforced on a local level by the
Miami Beach Building Department instead of by Metropolitan Dade
County; and
WHEREAS, the State of Florida, Department of Business
Regulation, Division of Hotels and Restaurants, has agreed to enter
into an Agreement granting the City of Miami Beach the right to
enforce the provisions of Chapter 399, Florida Statutes, within the
City of Miami Beach, except with respect to elevators owned by
Metropolitan Dade County; and
WHEREAS, the City Manager recommends the execution of the
above-referenced Agreement between the State of Florida, Department
of Business Regulation, Division of Hotels and Restaurants,and the
City of Miami Beach; and the City Attorney having approved said
Agreement as to form,
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Clerk are
authorized to execute, on behalf of the City, an agreement with
the State of Florida, Department of Business Regulation, Division
of Hotels and Restaurants, whereby the City of Miami Beach will be
delegated the right to enforce the provisions of Chapter 399,
Florida Statutes within the City of Miami Beach, except for
elevators owned by Metropolitan Dade County.
PASSED AND ADOPTED this 5th day of September , 1990.
MAYOR
ATTEST:
,ziederi,t 44/44___.
CITY CLERK
FORM APPROVED:
EGAL DEPARTMENT
8Is/2°4'
DAE
DJT:bh
2 •
Bob Martinez Joseph A. Sole
Governor Secretary
STATE OF FLORIDA
AGREEMENT BETWEEN DEPARTMENT OF BUSINESS REGULATION
DIVISION OF HOTELS AND RESTAURANTS, AND
THE CITY OF MIAMI BEACH
RELATING TO THE INSPECTION
OF ELEVATORS
WHEREAS, Section 399 . 13 , Florida Statutes , reads :
399 . 13 Delegation of authority to municipalities or
counties . --
The division may enter into contracts with municipalities p es or
counties under which such municipalities or counties issue
construction permits, temporary operation permits , and certificates
of operation, provide inspection of elevators , and enforce the
Elevator Safety Code, as required by this chapter. Each such
agreement shall include a provision that the municipality or county
shall maintain for inspection bythe division copies
p es of all
applications for permits issued, a copy of each inspection report
P po t
issued, and proper records showing the number of certificates of
operation issued; shall include a provision that each required
inspection be conducted bythe holder �
of a certificate of competency
issued by the division; and may include such otherrovisi
p ons as the
division deems necessary. The division maymakeinspections of
elevators in such municipalities or counties for theur ose of
determining that the provisionsp P
of this chapter are being met; and
may cancel the contract with any municipality or county which it
finds has failed to comply with such contract or therov'
p �slOns of
this chapter. (emphasis added) .
NOW, THEREFORE, the Department of Business Regulation,
Division of Hotels and Restaurants, a State agencyand the
City of
Miami Beach do hereby enter into this cooperative agreement g ent whereby
the the City of Miami Beach may issue permits for the installation,
alteration or repair of elevators and shall provide the regular
g ar
inspection of elevators within the City of Miami Beach, as
contemplated by said Section 399 . 13 , Florida Statutes, except as
otherwise provided by law, to assure that all elevators shall be
installed and maintained in such manner that theywill
be safe for
the transportation of passengers and materials . Elevatorsw
o ned by
Dade County within the City of Miami Beach, shall be the
responsibility of Metropolitan Dade County.
In consideration of the foregoing, the City of Miami Beach
agrees ;
1 . The City of Miami Beach shall adopt and enforce the
latest revision of the "American National Standard Safety
Code for Elevators, Dumbwaiters , Escalators and Moving Walks"
Wa "
in accordance with the provisions of Chapter 399 , Florida
Statutes, and Chapter 7C-5, Florida Administrative tive Code, as
the required standard for installation, maintenance and
inspection of elevators .
2 . Elevator inspectors employed or authorized bythe e City
of Miami Beach to inspect elevators shall have at least equal
qualifications and be tested the same as state
elevator
inspectors pursuant to Section 399 . 045, Florida Statutes, and
shall hold a valid certificate of competency from the
Department of Business Regulation, Division of Hotels and
Restaurants , issued pursuant to Section 399 . 061, Florida
Statutes .
3. Upon proper application, constructionermits shall
p be
issued by the City of Miami Beach for the installation,
alteration, repair or removal of all elevators .
4 . A final inspection shall be made for each new, altered,
or moved installation before such installation is put in
service in accordance with Section 399 . 07(1) (a) , Florida
Statutes . Upon final approval, a certificate of operation
shall be posted pursuant to Section 399 . 07(1) (a) , Florida
Statutes .
5 . Each elevator, dumbwaiter, escalator and moving walk
shall be inspected at least once annually in accordance with
Chapter 399 . 061, Florida Statutes .
6 . Accurate records, including permits, inspection reports
and certificates of operation shall be maintained for all
elevator installations subject to the provision of this
agreement and coming within the purview of Chapter 399 ,
Florida Statutes; such records shall be subject to review by
the Department of Business Regulation, Division of Hotels and
Restaurants .
7. The definitions set forth in Section 399 . 01, Florida
Statutes, shall apply to this agreement.
8 . The Department of Business Regulation, Division of
Hotels and Restaurants, may make inspections of elevators in
the City of Miami Beach for theur ose of determining p that
the provision of Chapter 399 , Florida Statutes, Chapter 7C-5,
Florida Administrative Code, and of this agreement are being
met . The state elevator inspector shall have the authority
to take any and all steps required to assure the safetyof
the installation.
9 . In the event the Department of Business Regulation,
g ,
Division of Hotels and Restaurants, findsthat the City of
Miami Beach has failed to comply with this agreement and d the
provisions of said Chapter 399, Florida Statutes, or Chapter
7C-5, Florida Administrative Code, it may cancel this
agreement by giving the City of Miami Beach ninety (90) days
Y
notice in writing.
10 . To provide copies of all accident and claim reports
resulting from elevator accidents reported to the City of
Miami Beach.
11 . To provide details of any request for exceptions to
p the
Elevator Safety Code received by the City of Miami Beach.
c .
[Exceptions to the Elevator Safety Code mayonly
be granted
as authorized by the Elevator Safety Code. ] Exceptions must
t
first be reviewed and approved by the divisionrior
p to the
City of Miami Beach rendering a final decision regarding g ng the
exceptions .
12 . No certificate of operation shall be issued bythe
City
of Miami Beach until, at the final inspection of the
elevator, the elevator company supervisor signs an affidavit davit
witnessed by a City of Miami Beach elevator inspector,
evidencing that he directly supervised construction and/or
installation of the elevator.
13 . Section 399 . 035(4) , Florida Statutes , shall supersede
all other state laws and regulations and local ordinances and
regulations affecting the accessibilityof
passenger
senger
elevators to the physically handicapped, and the standards
established by that section may not be modified by municipal
or county ordinance.
In consideration of the foregoing, the Department of Business
Regulation, Division of Hotels and Restaurants, agrees that :
t at .
1. The City of Miami Beach shall charge and retain all
proper fees and fines collected by it pursuant to local
ordinances and fee schedules except that the City of Miami
Beach is authorized to permit the charging-off of inspection
costs in City of Miami Beach owned buildings by annual
budgetary transfer procedures rather than by individual
billing procedures as each inspection is made.
2 . It will cooperate with the Cityof Miami '
Beach in
implementing this agreement pursuant to the intent of Section
399 . 13 , Florida Statutes ; further, the City of Miami Beach
may cancel this agreement by giving the Department of
Business Regulation, Division of Hotels and Restaurants , 180
days notice in writing .
This agreement shall take effect on October 1, 1990 .
IN WITNESS WHEREOF, the parties hereto have hereunto executed
this instrument for the purposes herein this expressed p t i s -7
day of �(� , 1990 .
Signed in the Presence of: DEPARTMENT OF BUSINESS REGULATION,
DIVISION OF HOTELS AND RESTAURANTS
/.
416. . /
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Director
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(71/14AZAZ Cd,
As to Department of Business
Regulation, Division of Hotels
and Restaurants
// /(1//k---
*re,litikLCAZ7/1By: rte'"
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Approval : Joseph A. Sole
Secretary, Department of
Business Regulation
Date: �� -- �--C�'
• G
THE CITY OF MIAMI BEACH, a Municipal
Attest p
corporation of he :tate f Florida
( c;PIC_
City Clerk By: Mayor
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Date SV2,1 -963
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OFFICE OF THE CITY MANAGER CITY HALL
ROB W.PARKINS 1700 CONVENTION CENTER DRIVE
CITY MANAGER TELEPHONE: 673-7010
COMMISSION MEMORANDUM NO. 4L77_10
DATE: September 5 , 1990
TO: Mayor Alex Daoud and
Members of the C° ommissi
'' �r1
FROM: Rob W. Parkin �'
City Manager :44r
SUBJECT:
AGREEMENT BETWEEN THE DEPARTMENT OF BUSINESS REGULATIONS,
DIVISION OF HOTELS AND RESTAURANTS, AND THE CITY OF MIAMI
BEACH RELATING TO THE INSPECTION OF ELEVATORS
This agreement will permit the City of Miami Beach Building
Department to inspect elevators within our city limits.
Prior to this agreement, Dade County has inspected these
elevators and receives $189, 000 in annual fees which will
now be collected by the City of Miami Beach on an annual
basis.
ADMINISTRATION RECOMMENDATION:
The Administration recommends approval of this agreement
with the State of Florida.
PAG:eji
AGENDA
ITEM
DATE 5- QO
ORIGINAL
RESOLUTION NO. 90-20085
Authorizing the Mayor and the City Clerk
to execute, on behalf of the City, an
agreement with the State of Florida
Department of Business Regulation,
Division of Hotels and Restaurants,
delegating to the City of Miami Beach the
authority under Chapter 399, Florida
Statutes, to issue construction permits,
temporary operation permits, and certifi-
cates of operation, provide inspection of
elevators, and enforce the elevator
safety code within the City of Miami
Beach for all elevators, except for
elevators owned by Metropolitan Dade
County.
J