Senate Bill sb0672c2
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Florida Senate - 2004 CS for CS for SB's 672 & 680
By the Committees on Banking and Insurance; Regulated
Industries; and Senators Constantine and Smith
311-1991-04
1 A bill to be entitled
2 An act relating to emergency elevator access;
3 providing requirements relating to regional
4 emergency elevator access; requiring elevators
5 in certain newly constructed or certain
6 substantially improved buildings to be keyed
7 alike within each of the state emergency
8 response regions; providing for these
9 requirements to be phased in for certain
10 existing buildings; restricting the duplication
11 and issuance of master elevator keys; requiring
12 the labeling of master elevator keys; allowing
13 local fire marshals to allow substitute
14 emergency measures for elevator access in
15 certain circumstances; providing for appeal of
16 the local fire marshal's decision; providing
17 for the State Fire Marshal to enforce the act;
18 encouraging builders to use applicable new
19 technology to provide regional emergency
20 elevator access; providing penalties for
21 violations; authorizing the Department of
22 Financial Services to adopt rules; amending s.
23 399.03, F.S.; providing for waiver of a permit
24 fee under certain circumstances; creating s.
25 399.1061, F.S.; reestablishing the Elevator
26 Safety Technical Advisory Committee within the
27 Division of Hotels and Restaurants of the
28 Department of Business and Professional
29 Regulation, notwithstanding abolishment of the
30 committee pursuant to law; providing for the
31 membership of the committee; requiring the
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Florida Senate - 2004 CS for CS for SB's 672 & 680
311-1991-04
1 committee to provide technical assistance to
2 the division; providing for terms of office and
3 for payment of per diem and travel expenses;
4 providing for members of the committee whose
5 terms expired on December 31, 2003, but who
6 have not completed a 4-year term, to continue
7 to hold office until completion of a 4-year
8 term; repealing s. 399.106, F.S., relating to
9 the former Elevator Safety Technical Advisory
10 Committee; providing effective dates.
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12 Be It Enacted by the Legislature of the State of Florida:
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14 Section 1. Regional emergency elevator access.--
15 (1) In order to provide emergency access to elevators:
16 (a) For each building in this state which is six or
17 more stories in height, including, but not limited to, hotels
18 and condominiums, on which construction is begun after June
19 30, 2004, all of the keys for elevators that allow public
20 access, including, but not limited to, service and freight
21 elevators, must be keyed so as to allow all elevators within
22 each of the seven state emergency response regions to operate
23 in fire emergency situations with one master elevator key.
24 (b) Any building in this state which is six or more
25 stories in height and has undergone "substantial improvement"
26 as defined in section 161.54(12), Florida Statutes, must also
27 comply with paragraph (a).
28 (2) Each existing building in this state which is six
29 or more stories in height must comply with subsection (1)
30 before July 1, 2007.
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Florida Senate - 2004 CS for CS for SB's 672 & 680
311-1991-04
1 (3) In addition to elevator owners, owner's agents,
2 elevator contractors, state-certified inspectors, and state
3 agency representatives, master elevator keys may be issued
4 only to the fire department and may not be issued to any other
5 emergency response agency. A person may not duplicate a master
6 elevator key for issuance to, or issue such a key to, anyone
7 other than authorized fire department personnel. Each master
8 elevator key must be marked "DO NOT DUPLICATE."
9 (4) If it is technically, financially, or physically
10 impossible to bring a building into compliance with this
11 section, the local fire marshal may allow substitute emergency
12 measures that will provide reasonable emergency elevator
13 access. The local fire marshal's decision regarding substitute
14 measures may be appealed to the State Fire Marshal.
15 (5) The Division of State Fire Marshal of the
16 Department of Financial Services shall enforce this section.
17 Any person who fails to comply with the requirements of this
18 section is subject to the penalties provided in section
19 633.171, Florida Statutes.
20 (6) Builders should make every effort to use new
21 technology and developments in keying systems which make it
22 possible to convert existing equipment so as to provide
23 efficient regional emergency elevator access.
24 (7) The Department of Financial Services shall adopt
25 rules to implement this section, including rules to determine
26 the master elevator key to be used within each of the
27 emergency response regions.
28 Section 2. Subsection (1) of section 399.03, Florida
29 Statutes, is amended to read:
30 399.03 Design, installation, and alteration of
31 conveyances.--
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Florida Senate - 2004 CS for CS for SB's 672 & 680
311-1991-04
1 (1) A conveyance covered by this chapter may not be
2 erected, constructed, installed, or altered within buildings
3 or structures until a permit has been obtained from the
4 department. Permits must be applied for by a registered
5 elevator company and may only be granted upon receipt and
6 approval of an application to be made on a form prescribed by
7 the department, accompanied by proper fees and a sworn
8 statement from an agent of the registered elevator company
9 that the plans meet all applicable elevator safety and
10 building codes. Permits may be granted only to registered
11 elevator companies in good standing. When any material
12 alteration is made, the alteration must conform to applicable
13 requirements of the Florida Building Code and the provisions
14 of this chapter. A copy of the permit and plans must be kept
15 at the construction site at all times while the work is in
16 progress and until a certificate of operation is issued. If a
17 permit is required to alter an elevator in order for the
18 elevator to comply with section 1 of this act, the permit fee
19 required by the department shall be waived.
20 Section 3. Section 399.1061, Florida Statutes, is
21 created to read:
22 399.1061 Elevator Safety Technical Advisory
23 Committee.--
24 (1) The Elevator Safety Technical Advisory Committee
25 is created within the Division of Hotels and Restaurants of
26 the Department of Business and Professional Regulation and
27 shall consist of eight members, to be appointed by the
28 Secretary of Business and Professional Regulation as follows:
29 one representative from a major elevator manufacturing company
30 or its authorized representative; one representative from an
31 elevator servicing company; one representative from a building
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Florida Senate - 2004 CS for CS for SB's 672 & 680
311-1991-04
1 design profession; one representative of the general public;
2 one representative of a local government in this state; one
3 representative of a building owner or manager; one
4 representative of labor involved in the installation,
5 maintenance, and repair of elevators; and one representative
6 who is a certified elevator inspector from a private
7 inspection service. The committee shall provide technical
8 assistance to the division in support of protecting the
9 health, safety, and welfare of the public and shall give the
10 division the benefit of the committee members' knowledge and
11 experience concerning the industries and individual businesses
12 affected by the laws and rules administered by the division.
13 (2) The committee members shall serve staggered terms
14 of 4 years to be set by rule without salary, but are entitled
15 to reimbursement for per diem and travel expenses as provided
16 in s. 112.061. The committee shall appoint one of the members
17 to serve as chair.
18 (3) The committee may consult with engineering
19 authorities and organizations concerned with standard safety
20 codes for recommendations to the department regarding rules
21 governing the operation, maintenance, servicing, construction,
22 alteration, installation, or inspection of vertical
23 conveyances subject to this chapter.
24 Section 4. Any member of the Elevator Safety Technical
25 Advisory Committee whose term of office was terminated on
26 December 31, 2003, as provided by section 399.106, Florida
27 Statutes, but who had held the appointment for less than 4
28 years on that date shall be reappointed for the remainder of
29 his or her 4-year term. The Secretary of Business and
30 Professional Regulation shall appoint the other members of the
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Florida Senate - 2004 CS for CS for SB's 672 & 680
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1 committee to staggered terms of office as provided by section
2 399.1061, Florida Statutes.
3 Section 5. Section 399.106, Florida Statutes, is
4 repealed.
5 Section 6. This act shall take effect upon becoming a
6 law, except that section 1 of this act, which provides for
7 regional emergency elevator access, shall take effect July 1,
8 2004.
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10 STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
COMMITTEE SUBSTITUTE FOR
11 CS for SB's 672 and 680
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- Changes the term "substantially renovated" to the term
14 "substantial improvement" as defined in the Florida
Statutes, for elevators in specified buildings to comply
15 with the provisions of the act.
16 - Authorizes the local fire marshal to allow substitute
emergency measures where it is "financially" impossible
17 to bring a building into compliance with the act.
18 - Provides first and second misdemeanor penalties for
noncompliance with the elevator master key requirements.
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- Deletes the provision that independent special districts
20 or airports that have 24-hour emergency response services
are exempt from the provisions of the bill.
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- Provides for rulemaking authority for the Department of
22 Financial Services.
23 - Provides that if a permit fee is required to alter an
elevator under the requirements of this bill, the $200
24 fee, which is issued by the Department of Business and
Professional Regulation, is waived.
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