Group Title: Historic St. Augustine: Government House Elev. Maintenance
Title: Florida Elevator Law
Full Citation
Permanent Link:
 Material Information
Title: Florida Elevator Law
Series Title: Historic St. Augustine: Government House Elev. Maintenance
Physical Description: Brochure/pamphlet
Language: English
Publication Date: 1965
Physical Location:
Box: 8
Divider: Government House Maintenance
Folder: Government House Elev. Maintenance
Subject: Saint Augustine (Fla.)
48 King Street (Saint Augustine, Fla.)
Government House (Saint Augustine, Fla.)
Spatial Coverage: North America -- United States of America -- Florida -- Saint Johns -- Saint Augustine -- 48 King Street
Coordinates: 29.892465 x -81.313142
 Record Information
Bibliographic ID: UF00095494
Volume ID: VID00018
Source Institution: University of Florida
Holding Location: University of Florida
Rights Management: All rights reserved by the source institution and holding location.

Full Text




Administered by-
Florida Industrial Commission
Workmen's Compensation Division

Chapter 399, Florida Statutes,
As Amended 1965


399.01 Definitions.
399.02 General requirements.
399.03 Design, installation and alterations of
399.04 Inspectors.
399.05 Permit to erect; fees; inspection and
tests of new, moved or altered instal-
399.06 Registering of existing installations,
reports of inspectors; annual license
399.07 Certificates.
399.08 Routine inspections, tests and main-
399.10 Enforcement of law.
399.11 Penalties.
399.12 Construction of law.
399.13 Municipalities, cooperation with.
399.14 Hotels, restaurants, etc., partially ex-

399.01 Definitions.-When used in this chap-
(1) The term "commission" whenever used
in this chapter shall mean Florida industrial
commission or its legally constituted representa-
(2) The term "elevator" shall mean all ma-
chinery, construction, apparatus and equipment
used in raising and lowering a car, cage or plat-
form vertically between permanent rails or
guides, and shall include all elevators, power
dumbwaiters, escalators, gravity elevators and
other lifting or lowering apparatus permanent-
ly installed between rails or guides, but shall
not include hand operated dumbwaiters, con-
struction hoists, or other similar temporary
lifting or lowering apparatus, provided that
the provisions of this chapter shall not be
applicable to elevators, dumbwaiters, escala-
tors, gravity elevators, or other lifting appa-
ratus or device installed and operating in pri-
vate residences while such premises are used
solely as private residences.
(3) The term "inspector" shall mean an in-
spector qualified by the commission to inspect
elevators and lifting apparatus in the state.
(4) The term "alteration" of an elevator
shall mean a change in the use, classification,
operation, control, motor, brake, character of
power supply, capacity, dead weight of car or
counterweights, car travel, speed, sizes or num-
ber of hoists or counterweight ropes, guide rails,
car or counterweight safety devices, or safety
governors, application for which is filed with
the commission under the provisions of this
(5) The term "existing installation" of an
elevator shall mean an installation before July
1, 1947.

safe operating conditions* shall be subject
to inspections and tests 'Iuired by 399.08.
The commission shall issue a certificate for
each existing elevator, dumbwaiter, and esca-
lator, which certificate shall be posted in the
car, and on, near, or plainly visible from the
dumbwaiter and escalator.
(4) Elevators, dumbwaiters and escalators,
moved from one shaft or location to another,
shall conform to the requirements of the eleva-
tor safety code.
(5) (a) Existing installations may be al-
tered to obtain the advantage of any provisions
of the elevator safety code, provided the safety
requirements covering such provisions are met.
(b) Where alterations are made to existing
installations, any part of the installation which
is directly affected as to safety, due to the altera-
tion, shall comply with the requirements of the
elevator safety code, subject also to the follow-
ing subsections of this section.
(6) Where an increase is made in the con-
tract load, the installation shall meet the re-
quirements of the elevator safety code for car
and counterweight safeties, interlocks and ter-
minal stopping devices.
(7) Where an increase is made in the con-
tract speed, the installation shall meet the re-
quirements of the elevator safety code for car
and counterweight safeties, buffers, speed gov-
ernor, interlocks and terminal stopping devices.
The pull-out of the governor cable need not meet
the requirements of the elevator safety code.
(8) Where any change is made in the method
of operation, or type of control, the installation
shall meet the requirements of the elevator
safety code for interlocks and terminal stopping
(9) Where any change is made in the classi-
fication, the installation shall meet all of the
requirements of the elevator safety code.
(10) Change in power supply (general):
(a) Change in voltage, frequency, or num-
ber of phases of an alternating current supply;
(b) Change from direct current to alternat-
ing current or alternating current to direct
current; or
(c) Change to a combination of direct cur-
rent and alternating current.
(11) Only such electrical equipment or parts
thereof as are adjusted or altered to operate
safely and properly in the opinion of the indus-
trial commission may be retained.
(12) Change from direct to alternating cur-
(13) (a) Where the change of power sup-
ply is from direct current to alternating current,
existing electric brakes, if inadequate in the
opinion of the commission, shall be replaced
with electrically released brakes of sufficient
capacity to meet the operating and test require-
ments of the elevator safety code.
(b) Where elevators and escalators are not
equipped with electrically operated brakes, such
equipment shall be provided in accordance with
the elevator safety code.
(14) Where the change of pbwer supply is

from direct to a clating current, the motor
and control shall a type which will provide
at least one slowdown step having a stable speed
not more than one half the contract speed, ex-
cept as follows:
(a) If the contract speed is one hundred and
ten feet per minute or less, one-speed motor and
control may be used.
(b) If the contract speed is two hundred
feet per minute or less, and the overhead car
and counterweight clearances are at least as
great as required by the elevator safety code for
the contract speed, one-speed motor and control
may be used.
(15) Where the change in power supply is
from direct to alternating current terminal stop-
ping devices shall be provided to conform to the
requirements of the elevator safety code.
(16) (a) Damaged or defective parts shall
be wholly or partially replaced at the discretion
of the commission; broken parts subject to bend-
ing, tension or torsional stresses, and parts upon
which the support of the car depends, shall not
be welded.
(b) Ordinary repairs or replacement on ex-
isting installations may be made with parts
equivalent in material, strength and design to
those replaced. Such repairs and replacements
need not conform to the requirements of this
History.-3, ch. 24096, 1947; (3) by 53, ch. 57-227.
399.04 Inspectors.-
(1) To carry out the provisions and the in-
tent and purpose of this chapter, the commission
is authorized, and its duty shall be, to appoint
and fix salaries of the necessary state elevator
inspectors on a merit basis, and may delegate
to such inspectors such powers and authority
as may be necessary to enable them to effec-
tively discharge their duties, provided, how-
ever, that no person shall be appointed to such
position unless he has had seven and one-half
years practical experience in the construction,
installation or inspection of elevators.
(2) (a) No other person shall be authorized
to act as an inspector of elevators, unless he
holds a current certificate of competency from
the commission as provided in this section.
(b) Initial application for a certificate of
competency shall be in writing, stating school
education of applicant, employment history,
and present employer, and shall be accompa-
nied by a fee of ten dollars. Except as other-
wise provided in this section, the eligibility of
applicants for a certificate of competency shall
be determined by written and practical exami-
nations, such examinations to be given under
the supervision of the Florida industrial com-
mission. The examinations shall cover the con-
struction, installation, operation, maintenance
and repair of elevators and their appurte-
(c) Each certificate of competency shall be
issued for a calendar year and shall expire at
the end of the year unless renewed by the com-
mission. Each application for annual renewal of

a certificate of competencyiall be accompanied
by a renewal fee of five do .
(3) Certificates of competency shall be is-
sued to applicants who have successfully com-
pleted examinations for inspector, and any
certificate holder may make inspections
required by 399.05, when employed by the
commission, or an insurance company, in
accordance with regulations of the commission.
(4) Certificates of competency may be re-
voked by the commission for cause, after a
hearing is afforded the holder thereof before
the full commission.
(5) A certificate of competency may be is-
sued to an applicant therefore without exami-
nation when such applicant shall furnish to
the commission satisfactory evidence that he
is employed as an inspector of elevators by
an insurance company authorized to do busi-
ness in this state, by a manufacturer or dealer
Sin elevators, or by a municipality, and such
applicant is otherwise qualified as provided in
this chapter.
History.-4, ch. 24096, 1947; 11, ch. 25035, 1949; 4, ch.
57-227; (2) (a) 1, (3) 2, ch. 61-194; (2) 81, ch. 65-421.
399.05 Permit to erect; fees; inspection and
tests of new, moved or altered installations.-
(1) (a) Before any permanent elevator shall
be erected, removed to a different location, or
whenever any changes or repairs are made
which alter its construction or the classification,
grade or rated lifting capacity thereof, detailed
plans and specifications of the said apparatus,
in duplicate, shall be submitted to the commis-
sion for approval, the permit fee required un-
der paragraph (b) of this subsection shall be
paid, and a permit obtained from the commis-
sion for such work. Where plans and specifica-
tions are submitted to, and approved by the
commission, a permit for the erection or other
work shall be issued upon payment of the per-
mit fee required by paragraph (b) of this sub-
section. A final inspection shall be made of the
apparatus when installed or repairs completed,
before final approval shall be given by the
commission. The elevator shall not be operated
until such final inspection and approval be
given, unless a temporary permit be granted
by the said commission.
(b) Each applicant for a permit from the
industrial commission pursuant to paragraph
(a) of this subsection shall pay the commis-
sion a fee based on the cost of the installation,
computed as follows: five dollars on the first
five thousand dollars of such cost, fifty cents
on each additional thousand dollars of cost up
to fifty thousand dollars, and thirty-five cents
on each thousand dollars of cost in excess of
fifty thousand dollars.
(2) The operation or use of any new, al-
tered or moved elevator, is prohibited until such
equipment has passed tests and inspection as
required by this section and a certificate to
this effect has been issued in accordance with
(3) The person or firm installing, moving or
altering elevators, shall notify the industrial

commission in w g, at least seven days be-
fore completion .he work and shall, in the
presence of a representative of the commission,
subject the new, moved, or altered portions of
the equipment to tests required to show that
such equipment meets the requirements of this
chapter. Where the industrial commission
grants specific permission, such tests and in-
spection may be made without the presence of
the commission's representative, provided a
certified copy of the test is furnished to such
History.-5, ch. 24096, 1947; 51, ch. 65-12; J2, ch. 65-421.
399.06 Registering of existing installations,
reports of inspectors; annual license fees.-
(1) The owner or user of any elevator in this
state shall register with the Florida industrial
commission every elevator operated by him, giv-
ing the type, capacity and description, name of
manufacturer and purpose for which each is
used on or before ninety days after this chapter
becomes effective. Such registration shall be
made on a form to be furnished by the commis-
(2) Every inspector shall forward to the
commission a full report of each inspection made
of any elevator, as required to be made by him
under the provisions of 399.05, showing the ex-
act condition of the said elevator. If this report
indicates that the said elevator is in a safe con-
dition to be operated, the commission shall issue
a certificate of operation for a capacity not to
exceed that named in the said report of inspec-
tion, which certificate shall be valid for one year
after the date of inspection unless the certifi-
cate is suspended or revoked by the commission.
No elevator may lawfully be operated on or after
January 1, 1948, without having such a certifi-
cate conspicuously posted thereon; where there
is an elevator cab it shall be posted conspicu-
ously therein.
(3) If any elevator be found which, in the
judgment of an inspector, is dangerous to life
and property, or is being operated without the
operating certificate required by 399.07, such
inspector may require the owner or user of such
elevator to discontinue its operation, and the
inspector shall place a notice to that effect con-
spicuously on or in such elevator. Such notice
shall designate and describe the alteration or
other change necessary to be made in order to
insure safety of operation, date of inspection,
and time allowed for such alteration or change.
Such inspector shall immediately report all facts
in connection with such elevator to the com-
mission. In the event a certificate has been
issued for such elevator, the said certificate
shall be suspended and not renewed until such
elevator has been placed in safe condition. In
such case, where an elevator has been placed out
of service, the owner or user of such elevator
shall not again operate the same until repairs
have been made and authority given by the com-
mission to resume operation of the said elevator.
(4) The owner or user of every elevator,
escalator, dumbwaiter, or man lift subject to
this chapter shall pay to the commission an an-

nual license or inspectionA as a prerequisite
to issuance of a certific' of operation pur-
suant to subsection (2), which annual fee shall
be based upon the type of installation and the
number of floors served thereby, as follows:
Type of installation Annual license,
and number of floors inspection fee
Single elevator serving 2 floors _____$15.00
Single elevator serving 3 to 6 floors $20.00
Elevators serving 3 to 6 floors in con-
junction with one or more other eleva-
tors, each ..----...--.--..... $22.50
Elevators serving 6 or more floors, each .-$25.00
Dumbwaiter (no floor limits) $ 5.00
Man lift (no floor limits) _. ...$ 5.00
Escalator (no floor limits) __$10.00
Automobile parking lift -..-__. __ __.$20.00
History.-16, ch. 24096, 1947; 11, ch. 25035, 1949; (4) r. I1,
ch. 28318, 1953; (4) 13, ch. 65-421.
399.07 Certificates.-
(1) A certificate shall be issued by the in-
dustrial commission where inspections and tests
as required by 399.05 show that elevators are
installed in accordance with the requirements
of this chapter.
(2) Certificates shall be printed on a six
inch wide by nine inch high card and suitably
framed in metal with a glass cover.
(3) Certificates shall show the serial num-
ber of the elevator for which it is issued, as re-
quired in subsection (5) of 399.02.
(4) The required certificate shall be posted
in a conspicuous location in the elevator car,
and on, near, or plainly visible from the dumb-
waiter, escalator, amusement device or special
(5) The industrial commission may permit
the temporary use of any elevator, dumbwaiter,
or escalator, for passenger or freight service
during the installation or alteration, under the
authority of a limited certificate, issued by them
for each class of service. Such limited certifi-
cate shall not be issued until the elevator shall
have been tested under contract load, and the
car safety and terminal stopping equipment for
construction purposes.
(6) Limited certificates shall be issued for a
period not to exceed thirty days. Such certifi-
cates may be renewed at the discretion of the
(7) Where a limited certificate is issued, a
notice bearing the information that the equip-
ment has not been finally approved shall be con-
spicuously posted on, near, or visible from each
entrance to such elevator, dumbwaiter or escala-
History.-7, ch. 24096, 1947.
Am. 11, ch. 25035, 1949.
399.08 Routine inspections, tests and main-
(1) Passenger and freight elevators shall be
inspected by an inspector and tested by the
owner in the presence of the inspector at least
once each calendar year.
(2) Whenever the commission shall, from
inspection of any elevator, determine that in the

interest of the piVk safety such elevator or
any part or appli1 thereof, is out of order
and in an unsafe condition contrary to the re-
quirements of this chapter they shall have the,
power to order the discontinuance of the use of
any such elevator and to compel the person, firm,
or corporation having control or possession or
use thereof to discontinue such use until such
elevator or part or appliance thereof, has been
satisfactorily repaired or replaced so that the
said elevator is in a safe and proper condition
as required by this chapter.
(3) The Florida industrial commission shall
certify the inspection of each elevator which,
after inspection, is judged to be in conformity
with the requirements of this chapter. This
certification shall be in the form of an endorse-
ment of the certificate required in 399.07, and
shall include the date of the inspection and the
signature of the inspector.
History.-58, ch. 24096. 1947.
399.10 Enforcement of law.-It shall be the
duty of the Florida industrial commission to
enforce the provisions of this chapter.
History.-I10, ch. 24096, 1947.
399.11 Penalties.-
(1) Whoever violates any of the provisions
of this chapter, or the rules and regulations of
the commission, as herein provided for, or who
shall fail or neglect to pay the fees herein pro-
vided for, shall be guilty of a misdemeanor and
upon conviction thereof, shall be punished by a
fine of not more than one hundred dollars for
the first offense, or by imprisonment for not
more than one year, or by both such fine and im-
prisonment in the discretion of the court having
(2) Whoever continues to operate his eleva-
tor or other lifting or lowering apparatus, after
notice to discontinue its use as set forth in sub-
section (3) of 399.06, shall be likewise fined
twenty-five dollars for each day the said eleva-
tor or lifting or lowering apparatus has been
operated after the service of the said notice, in
addition to the fines above set forth.
(3) All fines collected under this chapter
shall be forwarded to the commission, who shall
pay the same into the state treasury to the
credit of the commission.
(4) Whoever commences the erection, re-
moval to a different location, or alteration of
any elevator for which a permit is required by
399.05 of this chapter without having ob-
tained from the commission a permit therefore
shall pay to the commission a civil penalty
of $50.00 in addition to the fee specified for
such permit.
History.- 1ll, ch. 24096, 1947; (1) 10, ch. 26484, 1951; (4) n.
4, ch. 65-421.
ct.-A16 89 Disposition of fines.
399.12 Construction of law.-Nothing con-
tained in this chapter shall be construed to pre-
vent the inspection of elevators by dealers in
elevators or elevator equipment, or inspectors
for insurance companies, but such inspection
shall not be in lieu of the state inspection, as
provided in this chapter, unless such inspector

shall have qualified with e commission as
herein provided.
History.-12, ch. 24096, 1947.
Am. 811, ch. 25035, 1949.
399.13 Municipalities, cooperation with.-
The commission may enter into cooperative
agreements with municipalities which maintain
their own elevator inspection departments
whereby such municipalities may issue permits
for the erection, alteration or repair of eleva-
tors and may provide the regular inspection of
elevators as contemplated by this chapter. Each
such agreement shall include provision that the
municipality shall furnish promptly to the com-
mission a copy of each permit issued by it for
erection, alteration or repair of an elevator and
a copy of each final inspection report made
after completion of such erection, alteration or
repair; and may include such provisions as the
commission deems necessary for the efficient
and proper administration of this chapter. The
commission may make inspections of elevators
in such municipalities for the purpose of de-
termining that the provisions of this chapter
are being met; and may cancel its agreement
with any municipality which it finds has fail-
ed to comply substantially with such agree-
ment and the provisions of this chapter.
History.--13, ch. 24096, 1947; 5, ch. 65-421.
399.14 Hotels, restaurants, etc., partially ex-
empted.-The provisions of 399.06 of this
chapter shall not apply to elevators in hotels,
apartment houses, rooming houses and restau-
rants where the hotel and restaurant commis-
sion has provided for regular inspection of ele-
vators as provided for by 509.211(9).
History.-1, ch. 25039, 1949; 6, ch. 65-421.

University of Florida Home Page
© 2004 - 2010 University of Florida George A. Smathers Libraries.
All rights reserved.

Acceptable Use, Copyright, and Disclaimer Statement
Last updated October 10, 2010 - - mvs