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Questions Submitted to the Bureau of Elevator Safety for
the October 2004 Elevator Association of Florida meeting –
including the
Bureau’s answers
Question 1: Witnessing of annual or five-year safety tests is
required by a QEI or CEI. The person performing the test:
(a) Is required to be a mechanic with a Certificate of
Competency.
(b) May be a helper under the direct supervision of a
CC holder not at the site.
(c) May be a helper under the direct supervision of a
CC holder, who also is the QEI, witnessing the test.
(d) Any of the above.
(this question is due to reports of QEI inspectors taking
untrained personnel – in one case a spouse – to "perform the test" while
they witnessed it).
Answer: We know that Certified Elevator Inspectors, Certified
Elevator Technicians
and Elevator Helpers under the direct supervision of either a
Certified Elevator Technicians or Certified Elevator Inspectors can
perform the work.
The question actually appears to be a complaint. If
this is the case and you know of someone that is performing work on
elevators that are not properly credentials we will need specifics on
who it is so that we can follow up on it. Complaints may be made
directly on line at www.myflorida.com.
Question 2: Broward County recently accepted bids from a select
group of inspection companies, intentionally leaving out the majority of
firms. Note: The bid winners were ex-Broward employees or their present
employers?
a) The bid specifications defined each point of the inspection
rather than require that all inspections be conducted in accordance with
State Statute. The points of inspection include nearly all of the required
periodic tests, but did not address routine inspections.
Question: Does
Broward County's contract allow them to pick what the inspector inspects
or are they bound by the same rules and statutes as the rest of the State?
Answer:
1) All elevators in Florida are subject to Florida Statute 399,
Florida Administrative code 61C-5 and the ASME code.
2) Government purchasing is highly regulated and includes a protest
mechanism. We have no role in purchasing irregularities unless they
impact the proper application of Florida Statute 399, Florida
Administrative code 61C-5 and ASME Code.
b) The Bid specifications disqualify inspection companies
that also service or install elevators. The State has actively encouraged
elevator companies to inspect and inspection companies to elevate. There
is no special category for an elevator inspection company in the first
place. We are all elevator companies by law.
Question: Is it legal or
proper for Broward County to pick special companies to participate in the
bid process?
Answer: As stated earlier, this is a purchasing question beyond
our scope.
c) The Bid specifications require that when awarded the
contract, the awarded company must donate 10% of the award to a minority
firm (some firms are "owned" by the inspector’s wives to obtain minority
status)
Question: Are we required to give the inspection company
to our wives so we may participate in the bid process on equal footing?
Answer: This question is unrelated to the Department of Business
and Professional Regulation Bureau of Elevator Safety Regulation.
Question 3: In an earlier question, I asked for a ruling about Broward County
requiring compliance with NFPA 70-2002 without statute support when the
State inspection criterion is NFPA 70-1999. The answer was that the
State Fire Marshall was deciding which applies.
Question: NFPA70 is the
National Electric Code. Does the State Fire Marshall do that?
Answer: The State Fire Marshal has broad authority to enforce
portions of the Florida Building Code including The National Fire
Protection Association (NFPA) 70, 1999. Any questions regarding
enforcement should be directed to the State Fire Marshal.
Question 4: Do vertical platform lifts with 90 degree or enter & exit on same
side configurations require 60" platforms and/or auto power door
openers?
Answer: Yes. According to Florida Building Code 11-4.11(2).
Question should have already been addressed here today by Doug Boydston,
chairman of the ASME A18.1 Committee.
Question 5: Our customers are receiving "Notice of Elevator
Regional Emergency Access/Fire Key Requirements" from the Bureau. How can
we determine compliance when the specific key that must be used has not
yet been determined by the Fire Authority?
Answer: Our letter served as notification of the change in the
Law. The process is not complete. Please wait until the key has been
determined for the emergency response district in which the building is
located, and then provide the requested information. Compliance becomes
mandatory July 1, 2007. No enforcement can occur before then.
Question 6: Inspectors who do not attend the EAF meetings do not
hear the latest comments from the State about inspection/permitting/policy
procedures.
As an example, we were told at the last meeting that you
can no longer inspect a valve permit by witnessing a pressure test,
checking for leaks & checking floor stops. The State says that a full
inspection needs to be performed. That's the code and we understand, but
what about inspector Joe Doe who was not at that the last meeting? He is
still inspecting the old way and there are a lot of them out there.
We just questioned a QEI who witnessed a 5 year full load
test and approved it. This same elevator has 16 violations outstanding
from the previous inspector (2months earlier).
According to the QEI who only witnessed the test, "I was
paid to witness the full load test, that's it". The approved report
cleared all 16 violations from the previous inspector.
Question: Is the State going to start notifying the industry they
regulate in writing when policy decisions are made?
Answer: All requirements are contained in the Florida Statute 399,
Florida Administrative code 61C-5 and ASME Code. Elevator personnel should
rely on these.
Download Q & A - PDF Format | 
