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Questions submitted to the Bureau of
Elevator Safety for the
January 2004 Elevator Association of Florida meeting -
Including the Bureau's answers
Questions for the Bureau of Elevator Safety:
Submitted through the Elevator Association of Florida by
Association members 12-14-03 and answered to the Association by Cathy White,
Bureau Chief at the January 13th, 2004 meeting in Jacksonville.
Question 1: When the State monitors conduct their inspections, are we
supposed follow the state statutes or what the monitor feels "should be
implemented"?
Answer: The Department of Business and Professional Regulation,
Division of Hotels and Restaurants, Bureau of Elevator Safety, has adopted
the ASME A17.1 (1998) including the Inspectors Manual and The State of
Florida inspectors are using these codes and guidelines when they perform
their monitoring inspections. Florida Statute 399, Florida Uniform
Building code section 3000, and Florida Administrative Code 61C-5 are also
referenced. If you have information about any specific instances where a
State Inspector would not follow the Statutes please let me know.
Question 2: What procedure is suggested when we find a building department
allowing seat lifts (stairway chairlifts) where elevators or lifts are
required by ADA code? Challenges to these people have been met with the
response that it is their jurisdiction and they can determine what
solution is acceptable. This allows contractors, unlicensed by the
Bureau, perhaps unlicensed at all, to install seatlifts where the law
says an elevator should be. The Accessibility TAC committee wants names
and numbers, but it is not always easy to obtain.
Answer: The Bureau regulates elevators, but does not mandate their
use except in buildings over 3 stories or 25 feet of travel. This falls
under the jurisdiction of the Department of Community Affairs and the
local building department. You may contact the Department of Community
Affairs or the U. S. Department of Justice.
Question 3: What is the procedure after a non-code
compliant, non-permitted, non-inspected lift/elevator is reported to the
Bureau? Are there any legal deadlines for this building owner to meet? Can
the establishment be shut down? Some of these are not just illegal, they
are seriously dangerous.
Answer: The Bureau has no authority to shut down any business, but
does have the authority and the responsibility to seal any elevator out of
service that does not meet Florida law. If the building is required to
have an elevator due to building or accessibility codes, but it has been
sealed, the Department of Community Affairs should be notified. Also, The
elevator owner is responsible for the safe operation of the elevator. The
Department of Business and Professional Regulation, Division
of Hotels and Restaurants, Bureau of Elevator Safety or
one of its contracted jurisdictions is the responsible agency to enforce
the provisions of Chapter 399, Florida Administrative Rule 61C-5 and the Florida Building
Code in order to ensure that an elevator is legally permitted and safe for
public use. If an illegal or an unsafe elevator situation is brought to
our attention we have the authority to do whatever is necessary to bring
the elevator into compliance which might include the assessment of fines
if necessary. However, if the elevator is not safe for public use the
elevator will be sealed.
Question 4: Are inspectors required to report violations observed during
periodic test witnessing?
Answer: The 2002
Chapter 399.049 (1)(c) was revised to remove the requirement that any
conveyance not in compliance observed by a CC cardholder be reported to
the Department. If an inspection is not being performed there is no
requirement to report violations observed, however it is an excellent idea
to do so for liability purposes.
Question 5: Is the State accepting
inspection reports from inspectors that work for the servicing elevator
company? If so, under what circumstances?
Answer: Florida Statutes 399 required that Certified Elevator
Inspectors submit inspection reports to the Department. The Statute does
not address the Inspector’s employer.
Question 6: Many private inspection companies (all?) are leaving labels that
say, "Pressure test witnessed only". Is this acceptable in lieu of
periodic tests IAW ANSI A17.1 and ASME A17.2.1, 2, and 3?
Answer: This is not prohibited, but it does not fulfill the
building owner’s responsibility to meet the statute and the code which
requires that all periodic tests be witnessed. Also, the Florida
administrative code states that a record of the tests performed shall be
kept in the machine room.
Question 7: The following list of recommended Equipment is
extracted from ASME A17.2.2-1997.
Routine Inspection and Tests:
1.
Flashlight
2. 6 Ft Rule
3. Set of thickness gauges
4. Small hammer
5. Chalk or crayon
6. Small metal mirror
7. Safety hat
8. Copy of the latest
codes and standards
9. Applicable regulations
10. Elevator Industry Field
Employees' Safety Handbook
11. Checklist from this manual
12. Padlock,
multiple lock device, and ..tags
13. Caliper
Periodic and Acceptance Inspection and Tests:
In addition
to the equipment specified for routine inspections, the following should
be provided by the owner or contractor:
1. Stop Watch
2. 50 ft tape
3.
Tachometer, which reads directly in ft/min
4. Meter, to check grounding
continuity, correct phasing and verification of voltages, AC/DC amps, and
resistance.
5. Spirit level
6. Door Test Scale (gauge)
7. Suitable test weights
8. Light meter
9. Drawings,
Specifications, data sheets, and required test procedures.
10.
Transceivers
11. Out of Service signs
12. Device for testing smoke
detectors.
13. Keys for access and operation of all elevator equipment.
14. An inspectors pressure gauge with dampening (either liquid filled or
an in line snubber) to provide a steady reading. The gauge should have
full scale reading, of twice the expected pressure, an accuracy of no less
than 1% of full scale reading, and a calibration sticker that shows that
it has been calibrated within the last year.
15. Circuit tester for
checking wiring of 120 v receptacles.
Please line out the items that are
not required to do proper inspections in the State of Florida. Please
highlight the items that your monitors do not need to perform their
duties. Please circle the items that you have issued to your
inspector/monitors.
Answer: All items listed are "recommended".
Question 8: The following is a list of periodic test requirements
excerpted from ASME A17.2.2a-1998:
1. Lamps and diffusers in place.
2.
Emergency signal audible outside hoistway testing under battery operation.
3. Door Closing Force
4. 5yr Advance Power Opening
5. 5yr Test of leveling
zone and leveling device.
6. Yearly Standby Power with no load.
7. 5yr
Standby Power with full load on all cars that operate simultaneously (must
be fully loaded and operating simultaneously).
8. Yearly Relief pressure
test ON THE STOP RING AT FULL SPEED.
9. Flexible hydraulic hose test.
10.
Yearly Cylinder/Underground oil line test (no load).
11. Governor Yearly &
5yr
12. Pressure switch
13. Emergency terminal speed limiting device and
normal terminal stopping device.
14. Slack rope device
15. Standby Power Selection Switch.
16. Safeties
17. Firefighters' Service (Yearly) including sensing devices.
Question: Which of these tests are not required in
Florida, and by what authority?
Answer: WE ARE NOT ELIMINATING ANY REQUIRED TESTS IN
FLORIDA.A17.22a, 1998 has been adopted by Chapter 61C-5 with no changes.
Question 9: If Florida Statute 399 requires a satisfactory
inspection report be on file prior to the issuance of a Certificate of
Operation, why were thousands issued without this documentation?
Answer: Florida Statutes 399.07 states that a Certificate of
Operation may be renewed only for vertical conveyances having a current
satisfactory inspection. It further states that the department may adopt
rules establishing a procedure for certificate renewal. We are following
established Department procedure prior to issuing a renewal Certificate of
Operation.
Question 10: Is Broward County exempt from the satisfactory report
requirement? Or did they simply award all owners new certificates, with or
without your approval?
Answer: Broward County is one of the five local jurisdictions that
have a contract with the State to operate their own Elevator Safety
Program. As with us, Florida Statutes 399.07 states that a Certificate of Operation may be
renewed only for vertical conveyances having a current satisfactory
inspection. It further states that the department may adopt rules
establishing a procedure for certificate renewal. Broward County should be
conducting themselves as the Bureau is. However, If you have a specific
elevator situation that you would like to bring to our attention that you
feel needs review please provide the elevator serial number, address, and
what the particular situation is that concerns you. Please keep in mind
that the Bureau also monitors contracted agencies.
Question 11: Is it true that you intend to award contracts to three or four
private inspection companies, without consideration to 250 private
inspectors in business in the State?
Answer: No. This would require a change in Florida Statute 399.
Question 12: Is it true that this is the point of having 4 ill
equipped State inspectors "monitoring" selected private inspectors? To
prove that the system that you refuse to administer doesn't work?
Answer: The Department does not feel that the four State of
Florida Inspectors are ill equipped to monitor the Certified Elevator
Inspectors. We are confident in their abilities and are currently
recruiting two more inspectors as well as an Engineer IV to assist them.
Question 13: A former State inspector who has more than once told me not to
use his name, has told me repeatedly that the Bush family secret
yearning was domination of the Florida elevator inspection program. I
know the Governor was offended when asked, but are you ready to admit
that NEIS will be awarded a sizable contract when you again change the
system? How about A1? Vertical Assessment?
Answer: This is strictly a rumor, and has no basis in fact.
Question 14: Is this why you refuse to supplement the training of
private inspectors, or test them to inspect in Florida prior to issuance
of a State license to do so?
Answer: The Bureau of Elevator Safety does not supplement training
for private industry for profit elevator companies or individuals, nor do
we believe that the national standard of Qualified Elevator Inspector
(QEI) certification is inadequate to inspect the elevators in the State.
Question 15: Why is there no penalty phase or attempt to enforce
the code?
Answer: After massive regulatory changes and reengineering, we are
now focusing on this.
Question 16: Why do you refuse to release previous
report information to inspectors? Is it because you don't have the information? You did, I
recall, offer to sell me information, but I don't think you have but a
very small bit of what you should have in your records.
Answer: To my knowledge there has been no refusal to release
previous report information. We maintain the information that has been
submitted by Certified Elevator Inspectors on their inspection reports and
it is available and will be provided whenever requested, pursuant to the
Fl public records law. The database does not currently record specific
violations as our scannable inspection report is not designed to update
this information.
Question 17: Why do you not have
permit information on file for the history of each elevator? Or even a
high portion of the elevators? Is a valve change that doesn't get reported
for 3 years, automatically approved without tests?
Answer: Our records retention schedule for elevators is five
years, as filed with and adopted by the Florida Department of State. All
records are available pursuant to Florida public records law.
Question 18: Why are elevator inspection companies and elevator companies
deemed to be operationally identical? Most inspectors couldn't erect or
maintain an elevator. Why do you suppose they chose to inspect?
Answer: Chapter 399 provides the definitions which the Bureau has
no authority to alter.
Question 19: Why is an inspector (QEI) who is tested proficient in
a code that will not be adapted in Florida for a good while (ASME
A17.1-2000), deemed competent to inspect in Florida without further training or testing?
What about FS 399, FAC 61C5, and FBC, just to name the basics?
Answer: According to the national providers that test the
Qualified Elevator Inspectors (QEI) inspectors they are using the code
that has been adopted by Florida (1996) in their examinations.
Question 20: If a violation is noted that was obviously overlooked
by State inspectors, private inspectors, elevator company employees, etc,
how old does it have to be before you grant the owner and installer
immunity?
Answer: Florida Statutes Chapter 399 does not grant violation
immunity.
Question 21: I was told last week that because certain alterations were
traditionally allowed without requiring full code compliance, that they
were really not violations? Is that your position?
Answer: The
Bureau’s position is that specific facts and conditions are either
violations or not. We will be glad to react to a specific set of facts.
Question 22: What part of the union
mechanic education program parallels the Florida CC test? Is he aware of
the rules and codes that govern his industry in Florida, by virtue of
completing a national mechanic's course?
Answer: Florida Statutes 399 nor the Florida Administrative Rule
require the union mechanic’s education program to parallel the Certificate
of Competency Examination.
Question 23: It has been reported that your office is under investigation by
the Department of Justice for willfully encouraging violation of the ADA
Guidelines by telling inspectors not to require compliance. And that
your active support for the 2 stop law has seriously hindered the
handicapped in Florida - Comments?
Answer: This is an unfounded rumor. We have no position regarding
the two stop exemption. This existed in Florida law long before we got
here, and will remain so until the Legislature deems it appropriate to
change it. We cannot change it.
Question 24: Previously I received an annual notice for my Certificate of
Competency which was due in December of each year. For some reason the
CC and CEI are now due in October and I have not received any notice. I tried for
several hours to renew it on the website but could not get around the
password issue, which I did not receive from the State. After working
thru numerous phone numbers that have changed (including the one on our
current ELCO certificate) and wading neck deep thru automated phone
systems I finally reached a very nice lady named Daquandra who was going
to help me renew over the phone. Unfortunately on the web site both my
CC and CEI show expiration dates of October 2003, but both show current
status so she couldn’t help me. She was going to pass this on to someone
to help me but almost a week has gone by and I have heard nothing.
Answer: This is not the forum for individual problems. Please
speak with me about your particular set of circumstances.
Question 25: When is the Bureau going to enforce Florida 2001 Building Code
Chapter 11 which contains many codes concerning elevators? ADA became
law 1991 and many issues with elevators were to be modified
"immediately". The ADA depends on State and local inspection
authorities. On the back of the States DBPR Form HR 5023-003 (inspection
report) ADA is listed in numerous areas. When is the Bureau going to get
serious about ADA concerns? Why is the State telling owners of buildings
after an inspection is made not to be concerned about ADA violations?
Answer: Please see me individually and provide the basis for this
comment. There has not been any information disseminated on this issue
that I am aware of.
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