HOUSE AMENDMENT Bill No. HB 397 CS
1	CHAMBER ACTION
2	Senate House
3	.
4	.
5	.
6
7
8
9
10
11
12	Representative Kallinger offered the following:
13
14	Amendment (with title amendment)
15	Remove everything after the enacting clause, and insert:
16
17	Section 1. Regional emergency elevator access.--
18	(1) In order to provide emergency access to elevators:
19	(a) For each building in this state which is six or more
20	stories in height, including, but not limited to, hotels and
21	condominiums, on which construction is begun after June 30,
22	2003, all of the keys for elevators that allow public access,
23	including, but not limited to, service and freight elevators,
24	must be keyed so as to allow all elevators within each of the
25	seven state emergency response regions to operate in fire
26	emergency situations with one master elevator key.
27	(b) Any building in this state which is six or more
28	stories in height and is "substantially renovated" as defined in
29	the Americans with Disabilities Act, as amended, after June 30,
30	2003, must also comply with paragraph (a).
31	(2) Each existing building in this state which is six or
32	more stories in height must comply with subsection (1) before
33	July 1, 2006.
34	(3) In addition to elevator owners, owner's agents,
35	elevator contractors, State Certified Inspectors, and State of
36	Florida agency representatives, master elevator keys may be
37	issued only to the fire department and may not be issued to any
38	other emergency-response agency. A person may not duplicate a
39	master elevator key for issuance to, or issue such a key to,
40	anyone other than authorized fire-department personnel. Each
41	master elevator key must be marked "DO NOT DUPLICATE."
42	(4) If it is technically or physically impossible to bring
43	a building into compliance with this section, the local fire
44	marshal may allow substitute emergency measures that will
45	provide reasonable emergency elevator access. The local fire
46	marshal's decision regarding substitute measures may be appealed
47	to the State Fire Marshal.
48	(5) The Division of State Fire Marshal of the Department
49	of Financial Services shall enforce this section.
50	(6) Builders should make every effort to use new
51	technology and developments in keying systems which make it
52	possible to convert existing equipment so as to provide
53	efficient regional emergency elevator access.
54	(7) Any building operated by an independent special
55	district or airport that has 24-hour emergency response services
56	shall be exempt from this section.
57	Section 2. Section 399.106, Florida Statutes, is amended
58	to read:
59	399.106 Elevator Safety Technical Advisory Committee.--
60	(1) The Elevator Safety Technical Advisory Committee is
61	created within the Department of Business and Professional
62	Regulation, Division of Hotels and Restaurants, consisting of
63	eightsevenmembers to be appointed by the secretary of the
64	Department of Business and Professional Regulation as follows:
65	one representative from a major elevator manufacturing company
66	or its authorized representative; one representative from an
67	elevator servicing company; one representative from a building
68	design profession; one representative of the general public; one
69	representative of a local government in this state; one
70	representative of a building owner or manager; one
71	representative of labor involved in the installation,
72	maintenance, and repair of elevators; and one representative who
73	is a certified elevator inspector from a private inspection
74	service. The purpose of the committee is to provide technical
75	assistance to the division in support of protecting the health,
76	safety, and welfare of the public; to give the division the
77	benefit of the committee members' knowledge and experience
78	concerning the industries and individual businesses affected by
79	the laws and rules administered by the division.
80	(2) The committee members shall serve staggered terms of 4
81	years to be set by rule without salary, but may receive from the
82	state expenses for per diem and travel. The committee shall
83	appoint one of the members to serve as chair.
84	(3) The committee shall meet and organize not later than
85	45 days prior to the convening of the 2002 Legislature. This
86	committee terminates December 31, 2003.
87	(3)(4)The committee may consult with engineering
88	authorities and organizations concerned with standard safety
89	codes for recommendations to the department regarding rules and
90	regulations governing the operation, maintenance, servicing,
91	construction, alteration, installation, or inspection of
92	vertical conveyances subject to this chapter.
93	Section 3. Subsection (3) is added to section 633.171,
94	Florida Statutes, to read:
95	633.171 Penalty for violation of law, rule, or order to
96	cease and desist or for failure to comply with corrective
97	order.--
98	(3)(a) An owner or operator of an indoor facility may not
99	knowingly allow the installation of a pyrotechnic device or
100	fireworks inside his or her facility without a fire-suppression
101	system or without a copy of a local fire marshal's permit
102	furnished to the owner or operator by a vendor or licensee who
103	wishes to install a pyrotechnic device or fireworks inside the
104	indoor facility.
105	(b) A vendor or licensee may not install fireworks or a
106	pyrotechnic device in an indoor facility without a fire-
107	suppression system unless he or she first obtains a local fire
108	marshal's permit, furnishes a copy of that permit to the owner
109	or operator of the indoor facility, and obtains prior written
110	consent of the owner or operator to install the fireworks or a
111	pyrotechnic device inside his or her indoor facility.
112	(c) A person who violates this subsection commits a felony
113	of the third degree, punishable as provided in s. 775.082, s.
114	775.083, or s. 775.084.
115
116	The provisions of this section do not apply to the manufacture,
117	distribution, sale at wholesale, retail sale, or seasonal sale
118	of products regulated pursuant to chapter 791 when such products
119	are not used within an indoor facility.
120	Section 4. This act shall take effect July 1, 2003.
121
122	================= T I T L E A M E N D M E N T =================
123	Remove the entire title, and insert:
124	A bill to be entitled
125	An act relating to the Florida Building Code; providing
126	requirements relating to regional emergency elevator
127	access; requiring elevators in newly constructed or
128	certain substantially renovated buildings to be keyed
129	alike within each of the state emergency response regions;
130	providing for these requirements to be phased in for
131	certain existing buildings; restricting the duplication
132	and issuance of master elevator keys; requiring the
133	labeling of master elevator keys; allowing local fire
134	marshals to allow substitute emergency measures for
135	elevator access in certain circumstances; providing for
136	appeal of the local fire marshal's decision; providing for
137	the State Fire Marshal to enforce these provisions;
138	encouraging builders to use applicable new technology to
139	provide regional emergency elevator access; providing an
140	exemption for certain buildings; amending s. 399.106,
141	F.S.; revising the membership of the Elevator Safety
142	Technical Advisory Committee; removing provisions
143	terminating the committee; amending s. 633.171, F.S.;
144	establishing penalties for unauthorized use of fireworks
145	and pyrotechnic devices; specifying nonapplication to
146	certain products to be used outdoors; providing an
147	effective date.
148