Disputes In the event there is a dispute between the association and an AHJ requiring a more stringent uniform fire safety standard for sprinkler systems, the state fire marshal is the final administrative interpreting authority. The state fire marshal’s interpretation regarding the uniform fire safety standards shall be considered final agency action.
ELEVATORS
Governmental regulations The Elevator Safety Act (ESA) and the Florida Division of Hotels and Restaurants (FDHR) (enforcement agency) as they apply to
community associations. Elevator Safety Act
● It outlines elevator accessibility requirements for physically disabled persons. Who invented the elevator? Many experts believe that Archimedes invented the first elevator around 236 B.C. His “elevator” functioned with hoisting ropes wound around a drum. These ropes were connected to a capstan that was operated by direct human labor. Ancient Rome used a similar technology for animals and goods. Ancient elevators were an important part of the Colosseum where lions, wolves, leopards, and bears would rise out of hidden holes in the ground to take part in gladiator battles. The earliest modern “elevator” emerged around 1743. It was designed for King Louis XV, connecting the first and second floors of a building. “The flying chair” linked the king’s quarters to those of his lover. Men inside a chimney operated the flying chair, using ropes and pulleys to raise and lower the elevator. but it may not grant a variance unless it finds that the variance will not adversely affect the safety of the public. Note there are other statutes that apply to elements of elevators, such as fire safety. The Florida Building Commission and FDHR have promulgated several rules specifically overseeing elevators. If an elevator serves only two floors, is covered by a service maintenance contract, and is not an escalator or dumb waiter, annual inspections are not required if the service contract is in effect. A building that is three stories in height is not required to have an inspection report every five years. The elevator owner should confirm whether the elevator service contract requires the service provider to make code upgrades or if the owner has the ability to contract with another company to perform upgrades in order to be in compliance with current safety standards. Elevator examinations and safety tests must be performed by a certified elevator inspector or by the local government that has contracted with the DBPR to perform inspections. The registered elevator company must provide the association with a written performance record indicating the date or dates of routine examinations and required testing. This performance record must be maintained in the elevator machine room and available for review by FDHR or its contractual designees. The association must advise the DBPR of cancellation of, or any material change to, a service maintenance contract at least 30 days prior to the effective date of the change.
The Elevator Safety Act (ESA) [F.S. 399] outlines the requirements for elevators and provides standards for their safe operation and maintenance. This applies to the following: ● Automobile parking lifts. ● Cranes/Derricks. ● Elevators. ● Escalators. ● Man lifts. ● Mobile scaffolds. ● Other mobile hoisting or lifting machines and equipment. ● Personnel and material hoists. ● It provides design and construction standards and requirements for operation, inspection, testing, and maintenance of elevators. ● It identifies the requirements for altering and repairing elevators and the equipment referenced earlier. Florida division of hotels and restaurants The FDHR within the DBPR, has statutory authority over elevators. The division delegates this authority to local governments. The ESA states that the FDHR may enter and have reasonable access to any building, room, or space in which an existing or newly installed elevator conveyance and equipment are located. The FDHR may grant a variance for undue hardship, ● Power-driven walkways. ● Tiered or piling machines. ● Towers and platforms. ● Wharf ramps. Service contract The owner of an elevator is responsible for the safe operation and proper maintenance of the elevator. According to F.S. 399.061, all associations must maintain a service contract with a qualified elevator contractor and provide a statement to the DBPR that verifies the existence of a service maintenance contract no less than annually. The service maintenance contract must provide for the following minimum requirements: ● Annual routine examinations, pursuant to standards adopted by the FDHR. ● Performance of applicable code-required safety tests, such as on a traction elevator and annual relief pressure test on a hydraulic elevator. ● Routine lubrication, cleaning, adjustment, and replacement of parts. ● Performance of any other service, repair, and maintenance sufficient to ensure the safe operation of the elevator. ● Annual Category 1 periodic safety tests, pursuant to standards adopted by the FDHR. ● Category 5 periodic safety tests, pursuant to standards adopted by the FDHR performed every five years.
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