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