| 1 | The Committee on Local Government & Veterans' Affairs recommends |
| 2 | the following: |
| 3 |
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| 4 | Committee Substitute |
| 5 | Remove the entire bill and insert: |
| 6 |
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| 7 | A bill to be entitled |
| 8 | An act relating to emergency elevator access; providing |
| 9 | requirements relating to regional emergency elevator |
| 10 | access; requiring elevators in certain newly constructed |
| 11 | or certain substantially improved buildings to be keyed |
| 12 | alike within each of the state emergency response regions; |
| 13 | providing for these requirements to be phased in for |
| 14 | certain existing buildings; restricting the duplication |
| 15 | and issuance of master elevator keys; requiring the |
| 16 | labeling of master elevator keys; allowing local fire |
| 17 | marshals to allow substitute emergency measures for |
| 18 | elevator access in certain circumstances; providing for |
| 19 | appeal of the local fire marshal's decision; providing for |
| 20 | the State Fire Marshal to enforce the act; encouraging |
| 21 | builders to use applicable new technology to provide |
| 22 | regional emergency elevator access; providing penalties |
| 23 | for violations; authorizing the Department of Financial |
| 24 | Services to adopt rules; amending s. 399.03, F.S.; |
| 25 | providing for waiver of a permit under certain |
| 26 | circumstances; creating s. 399.1061, F.S.; creating the |
| 27 | Elevator Safety Technical Advisory Council within the |
| 28 | Division of Hotels and Restaurants of the Department of |
| 29 | Business and Professional Regulation; providing for the |
| 30 | membership of the council; requiring the council to |
| 31 | provide technical assistance to the division; providing |
| 32 | for appointments and terms of office; providing for |
| 33 | payment of per diem and travel expenses; amending s. |
| 34 | 399.13, F.S.; authorizing a county or municipality to |
| 35 | assess a reasonable fee for inspections performed by its |
| 36 | inspectors; requiring counties to enforce the Florida |
| 37 | Building Code as it relates to elevators; authorizing a |
| 38 | county to impose certain fees and fines; prohibiting a |
| 39 | county or municipality from taking disciplinary action |
| 40 | against certain certifications or registrations; |
| 41 | authorizing the Department of Business and Professional |
| 42 | Regulation to initiate disciplinary action against a |
| 43 | registration or certification at the request of a county |
| 44 | or municipality; repealing s. 399.106, F.S., relating to |
| 45 | the former Elevator Safety Technical Advisory Committee; |
| 46 | providing a finding of important state interest; providing |
| 47 | effective dates. |
| 48 |
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| 49 | Be It Enacted by the Legislature of the State of Florida: |
| 50 |
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| 51 | Section 1. Regional emergency elevator access.-- |
| 52 | (1) In order to provide emergency access to elevators: |
| 53 | (a) For each building in this state which is six or more |
| 54 | stories in height, including, but not limited to, hotels and |
| 55 | condominiums, on which construction is begun after June 30, |
| 56 | 2004, all of the keys for elevators that allow public access, |
| 57 | including, but not limited to, service and freight elevators, |
| 58 | must be keyed so as to allow all elevators within each of the |
| 59 | seven state emergency response regions to operate in fire |
| 60 | emergency situations with one master elevator key. |
| 61 | (b) Any building in this state which is six or more |
| 62 | stories in height and has undergone "substantial improvement" as |
| 63 | defined in section 161.54(12), Florida Statutes, must also |
| 64 | comply with paragraph (a). |
| 65 | (2) Each existing building in this state which is six or |
| 66 | more stories in height must comply with subsection (1) before |
| 67 | July 1, 2007. |
| 68 | (3) In addition to elevator owners, owners' agents, |
| 69 | elevator contractors, state-certified inspectors, and state |
| 70 | agency representatives, master elevator keys may be issued only |
| 71 | to the fire department and may not be issued to any other |
| 72 | emergency response agency. A person may not duplicate a master |
| 73 | elevator key for issuance to, or issue such a key to, anyone |
| 74 | other than authorized fire department personnel. Each master |
| 75 | elevator key must be marked "DO NOT DUPLICATE." |
| 76 | (4) If it is technically, financially, or physically |
| 77 | impossible to bring a building into compliance with this |
| 78 | section, the local fire marshal may allow substitute emergency |
| 79 | measures that will provide reasonable emergency elevator access. |
| 80 | The local fire marshal's decision regarding substitute measures |
| 81 | may be appealed to the State Fire Marshal. |
| 82 | (5) The Division of State Fire Marshal of the Department |
| 83 | of Financial Services shall enforce this section. Any person who |
| 84 | fails to comply with the requirements of this section is subject |
| 85 | to an administrative fine of not more than $1,000, in addition |
| 86 | to any other penalty provided by law. All administrative fines |
| 87 | shall be deposited into the Insurance Regulatory Trust Fund. |
| 88 | (6) Builders should make every effort to use new |
| 89 | technology and developments in keying systems which make it |
| 90 | possible to convert existing equipment so as to provide |
| 91 | efficient regional emergency elevator access. |
| 92 | (7) The Department of Financial Services shall adopt rules |
| 93 | to implement this section, including rules to determine the |
| 94 | master elevator key to be used within each of the emergency |
| 95 | response regions. |
| 96 | Section 2. Subsection (1) of section 399.03, Florida |
| 97 | Statutes, is amended to read: |
| 98 | 399.03 Design, installation, and alteration of |
| 99 | conveyances.-- |
| 100 | (1) A conveyance covered by this chapter may not be |
| 101 | erected, constructed, installed, or altered within buildings or |
| 102 | structures until a permit has been obtained from the department. |
| 103 | Permits must be applied for by a registered elevator company and |
| 104 | may only be granted upon receipt and approval of an application |
| 105 | to be made on a form prescribed by the department, accompanied |
| 106 | by proper fees and a sworn statement from an agent of the |
| 107 | registered elevator company that the plans meet all applicable |
| 108 | elevator safety and building codes. Permits may be granted only |
| 109 | to registered elevator companies in good standing. When any |
| 110 | material alteration is made, the alteration must conform to |
| 111 | applicable requirements of the Florida Building Code and the |
| 112 | provisions of this chapter. A copy of the permit and plans must |
| 113 | be kept at the construction site at all times while the work is |
| 114 | in progress and until a certificate of operation is issued. A |
| 115 | permit shall not be required for construction or repair of |
| 116 | elevators in seeking to attain compliance with emergency |
| 117 | elevator access requirements. Elevator owners shall forward to |
| 118 | the department, in an electronic format approved by the |
| 119 | department, an emergency access notification that compliance |
| 120 | measures are either not required or are being implemented. The |
| 121 | emergency access notification must also contain specific |
| 122 | compliance information, including the current compliance status, |
| 123 | specific measures required to attain compliance, and |
| 124 | certification by a state-certified inspector. Fees may not be |
| 125 | assessed for the filing of the emergency access notification. |
| 126 | The department shall maintain an emergency elevator access |
| 127 | registry that is available to the State Fire Marshal of the |
| 128 | Department of Financial Services for enforcement purposes. The |
| 129 | Department of Business and Professional Regulation shall adopt |
| 130 | rules to administer this section. |
| 131 | Section 3. Section 399.1061, Florida Statutes, is created |
| 132 | to read: |
| 133 | 399.1061 Elevator Safety Technical Advisory Council.-- |
| 134 | (1) The Elevator Safety Technical Advisory Council is |
| 135 | created within the division and shall consist of eight members |
| 136 | appointed by the secretary of the department who meet the |
| 137 | following criteria: one representative from a major elevator |
| 138 | manufacturing company or its authorized representative; one |
| 139 | representative from an elevator servicing company; one |
| 140 | representative from a building design profession; one |
| 141 | representative of the general public; one representative of a |
| 142 | local government in this state; one representative of a building |
| 143 | owner or manager; one representative of labor involved in the |
| 144 | installation, maintenance, and repair of elevators; and one |
| 145 | representative who is a certified elevator inspector from a |
| 146 | private inspection service. The council shall provide technical |
| 147 | assistance to the division in support of protecting the health, |
| 148 | safety, and welfare of the public and shall give the division |
| 149 | the benefit of the council members' knowledge and experience |
| 150 | concerning the industries and individual businesses affected by |
| 151 | the laws and rules administered by the division. |
| 152 | (2)(a) The council members shall serve 4-year terms, |
| 153 | except that to provide for staggered terms four of the initial |
| 154 | appointees, as specified by rule, shall serve 2-year terms. All |
| 155 | subsequent appointments shall be for 4-year terms. The council |
| 156 | shall appoint one of the members to serve as chair. |
| 157 | (b) The council members shall serve without compensation, |
| 158 | except that the members may be reimbursed for per diem and |
| 159 | travel expenses as provided in s. 112.061. |
| 160 | (3) The council may consult with engineering authorities |
| 161 | and organizations concerned with standard safety codes for |
| 162 | recommendations to the department regarding rules for the |
| 163 | operation, maintenance, servicing, construction, alteration, |
| 164 | installation, or inspection of vertical conveyances subject to |
| 165 | this chapter. |
| 166 | Section 4. Section 399.13, Florida Statutes, is amended to |
| 167 | read: |
| 168 | 399.13 Delegation of authority to municipalities or |
| 169 | counties.-- |
| 170 | (1) The department may enter into contracts with |
| 171 | municipalities or counties under which the such municipalities |
| 172 | or counties will issue construction permits and certificates of |
| 173 | operation; will provide for inspection of elevators, including |
| 174 | temporary operation inspections; and will enforce the applicable |
| 175 | provisions of the Florida Building Code, as required by this |
| 176 | chapter. The municipality or county may choose to require |
| 177 | inspections to be performed by its own inspectors or by private |
| 178 | certified elevator inspectors. The municipality or county may |
| 179 | assess a reasonable fee for inspections performed by its |
| 180 | inspectors. Each such agreement shall include a provision that |
| 181 | the municipality or county shall maintain for inspection by the |
| 182 | department copies of all applications for permits issued, a copy |
| 183 | of each inspection report issued, and proper records showing the |
| 184 | number of certificates of operation issued; shall include a |
| 185 | provision that each required inspection be conducted by a |
| 186 | certified elevator inspector; and may include such other |
| 187 | provisions as the department deems necessary. The county shall |
| 188 | enforce the Florida Building Code as it applies to this chapter |
| 189 | and may impose fees and assess and collect fines as part of its |
| 190 | enforcement activities. A county or municipality may not issue |
| 191 | or take disciplinary action against a certificate of competency, |
| 192 | an elevator inspector certification, an elevator technician |
| 193 | certification, or an elevator company registration. However, the |
| 194 | department may initiate disciplinary action against a |
| 195 | registration or certification at the request of a county or |
| 196 | municipality. |
| 197 | (2) The department may make inspections of elevators in |
| 198 | the such municipality or county for the purpose of determining |
| 199 | that the provisions of this chapter are being met and may cancel |
| 200 | the contract with any municipality or county that which the |
| 201 | department finds has failed to comply with the such contract or |
| 202 | the provisions of this chapter. The amendments to chapter 399 |
| 203 | by this act shall apply only to the installation, relocation, or |
| 204 | alteration of an elevator for which a permit has been issued |
| 205 | after October 1, 1990. |
| 206 | Section 5. Section 399.106, Florida Statutes, is repealed. |
| 207 | Section 6. The Legislature finds that the provisions of |
| 208 | this act fulfill an important state interest. |
| 209 | Section 7. This act shall take effect upon becoming a law, |
| 210 | except that section 1 of this act, which provides for regional |
| 211 | emergency elevator access, shall take effect October 1, 2004. |