November 26, 2020
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Bill Text: HB 0129
HB 0129 2004
1 A bill to be entitled
2          An act relating to elevator safety; requiring elevators in
3    certain newly constructed or substantially renovated
4    buildings within a state emergency response region to be
5    operable in a fire emergency situation through the use of
6    a single master elevator key; requiring compliance for
7    certain existing buildings by a specified date;
8    restricting the duplication and issuance of master
9    elevator keys; authorizing local fire marshals to allow
10    substitute emergency measures for emergency elevator
11    access in certain circumstances; providing for appeal of a
12    local fire marshal's decision; providing for enforcement
13    by the Division of State Fire Marshal; providing an
14    exemption for specified buildings; amending s. 399.106,
15    F.S.; revising the membership of the Elevator Safety
16    Technical Advisory Committee; removing provisions
17    terminating the committee; providing an effective date.
19          Be It Enacted by the Legislature of the State of Florida:
21          Section 1. Regional emergency elevator access.--
22          (1) In order to provide emergency access to elevators:
23          (a) For each building in this state which is six or more
24    stories in height, including, but not limited to, hotels and
25    condominiums, on which construction is begun after June 30,
26          2004, all keys for elevators that allow public access,
27    including, but not limited to, service and freight elevators,
28    must be keyed in a manner that will allow all elevators within
29    each of the seven state emergency response regions to operate in
30    fire emergency situations by using one master elevator key.
31          (b) Any building in this state which is six or more
32    stories in height and is "substantially renovated" as defined in
33    the Americans with Disabilities Act, as amended, after June 30,
34          2004, must also comply with the requirements of paragraph (a).
35          (2) Each existing building in this state which is six or
36          more stories in height must comply with the requirements of
37    subsection (1) before July 1, 2007.
38          (3) In addition to elevator owners, elevator owners'
39    agents, elevator contractors, state certified inspectors, and
40    State of Florida agency representatives, master elevator keys
41    may be issued only to fire departments and may not be issued to
42    any other emergency-response agency. A person may not duplicate
43    a master elevator key for issuance to, or issue a master
44    elevator key to, anyone other than authorized fire department
45    personnel. Each master elevator key must be marked "DO NOT
47          (4) If it is technically or physically impossible to bring
48          a building into compliance with this section, the local fire
49          marshal may allow substitute emergency measures that will
50          provide reasonable emergency elevator access. The local fire
51    marshal's decision regarding substitute measures may be appealed
52    to the State Fire Marshal.
53          (5) The Division of State Fire Marshal of the Department
54    of Financial Services shall enforce this section.
55          (6) Builders should make every effort to use new
56    technology and developments in keying systems which make it
57    possible to convert existing equipment in a manner that will
58    provide efficient regional emergency elevator access.
59          (7) Any building operated by an independent special
60    district or an airport that has 24-hour emergency response
61    services is exempt from this section.
62          Section 2. Section 399.106, Florida Statutes, is amended
63    to read:
64          399.106 Elevator Safety Technical Advisory Committee.--
65          (1) The Elevator Safety Technical Advisory Committee is
66    created within the Department of Business and Professional
67    Regulation, Division of Hotels and Restaurants, consisting of
68    eight sevenmembers to be appointed by the secretary of the
69    Department of Business and Professional Regulation as follows:
70    one representative from a major elevator manufacturing company
71    or its authorized representative; one representative from an
72    elevator servicing company; one representative from a building
73    design profession; one representative of the general public; one
74    representative of a local government in this state; one
75    representative of a building owner or manager; one
76    representative of labor involved in the installation,
77    maintenance, and repair of elevators; and one representative who
78    is a certified elevator inspector from a private inspection
79    service. The purpose of the committee is to provide technical
80    assistance to the division in support of protecting the health,
81    safety, and welfare of the public; to give the division the
82    benefit of the committee members' knowledge and experience
83    concerning the industries and individual businesses affected by
84    the laws and rules administered by the division.
85          (2) The committee members shall serve staggered terms of 4
86    years to be set by rule without salary, but may receive from the
87    state expenses for per diem and travel. The committee shall
88    appoint one of the members to serve as chair.
89          (3) The committee shall meet and organize not later than
90    45 days prior to the convening of the 2002 Legislature. This
91    committee terminates December 31, 2003.
92          (3)(4)The committee may consult with engineering
93    authorities and organizations concerned with standard safety
94    codes for recommendations to the department regarding rules and
95    regulations governing the operation, maintenance, servicing,
96    construction, alteration, installation, or inspection of
97    vertical conveyances subject to this chapter.
98          Section 3. This act shall take effect July 1, 2004.
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