AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING THE CODE OF THE CITY OF MIAMI BEACH, BY AMENDING CHAPTER 98, ENTITLED "STREETS AND SIDEWALKS," BY AMENDING ARTICLE Ill, ENTITLED "EXCAVATIONS," BY AMENDING SECTION 98-94 THEREOF, ENTITLED "BUILDING PERMITS," TO CREATE PLATFORM LIFTS AND STAIRWAY CHAIRLIFTS MAINTENANCE REQUIREMENTS; AND PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE. 

According to the American Society of Mechanical Engineers (ASME) A18.1-2017: Safety Standard for Platform Lifts and Stairway Chairlifts, routine inspections shall be made at intervals no longer than 6 months apart or twice a year. Wheelchair lift manufacturers recommend that maintenance be performed every 6 months for units located inside a property and 4 times a year for outside units.

The City of Miami Beach currently inspects platform lifts and stairway chairlifts once a year. The City has approximately 210 wheelchair lifts throughout the City.  At the time of the inspection, about 65% of them were found inoperable due to lack of proper maintenance.

In an effort to increase the use and reliability of the lifts throughout the year, the City's Public Works Elevator Safety Section recommends that building owners attest or provide proof of a maintenance agreement for stairway chairlifts and platform lifts, which agreement would provide for routine service and maintenance every six (6) months for lift maintenance indoors, and quarterly service for lifts maintenance outdoors. The City Commission desires to amend section 98-94 of the City Code as a way to ensure proper operation of these mechanical conveyances.

The Americans with Disabilities Act (ADA) and other Federal Civil Rights laws require that accessible features be maintained in a working condition so they may be accessed and used by individuals with disabilities.