November 26, 2020
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HB 0129

A bill to be entitled
2An act relating to emergency elevator access; providing
3requirements relating to regional emergency elevator
4access; requiring elevators in certain newly constructed
5or certain substantially improved buildings to be keyed
6alike within each of the state emergency response regions;
7providing for these requirements to be phased in for
8certain existing buildings; restricting the duplication
9and issuance of master elevator keys; requiring the
10labeling of master elevator keys; allowing local fire
11marshals to allow substitute emergency measures for
12elevator access in certain circumstances; providing for
13appeal of the local fire marshal's decision; providing for
14the State Fire Marshal to enforce the act; encouraging
15builders to use applicable new technology to provide
16regional emergency elevator access; providing penalties
17for violations; authorizing the Department of Financial
18Services to adopt rules; amending s. 399.03, F.S.;
19providing for waiver of a permit under certain
20circumstances; creating s. 399.1061, F.S.; creating the
21Elevator Safety Technical Advisory Council within the
22Division of Hotels and Restaurants of the Department of
23Business and Professional Regulation; providing for the
24membership of the council; requiring the council to
25provide technical assistance to the division; providing
26for appointments and terms of office; providing for
27payment of per diem and travel expenses; amending s.
28399.13, F.S.; authorizing a county or municipality to
29assess a reasonable fee for inspections performed by its
30inspectors; requiring counties to enforce the Florida
31Building Code as it relates to elevators; authorizing a
32county to impose certain fees and fines; prohibiting a
33county or municipality from taking disciplinary action
34against certain certifications or registrations;
35authorizing the Department of Business and Professional
36Regulation to initiate disciplinary action against a
37registration or certification at the request of a county
38or municipality; repealing s. 399.106, F.S., relating to
39the former Elevator Safety Technical Advisory Committee;
40providing a finding of important state interest; providing
41effective dates.
43Be It Enacted by the Legislature of the State of Florida:
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
48stories in height, including, but not limited to, hotels and
49condominiums, on which construction is begun after June 30,
502004, all of the keys for elevators that allow public access,
51including, but not limited to, service and freight elevators,
52must be keyed so as to allow all elevators within each of the
53seven state emergency response regions to operate in fire
54emergency situations with one master elevator key.
55     (b)  Any building in this state which is six or more
56stories in height and has undergone "substantial improvement" as
57defined in section 161.54(12), Florida Statutes, must also
58comply with paragraph (a).
59     (2)  Each existing building in this state which is six or
60more stories in height must comply with subsection (1) before
61July 1, 2007.
62     (3)  In addition to elevator owners, owners' agents,
63elevator contractors, state-certified inspectors, and state
64agency representatives, master elevator keys may be issued only
65to the fire department and may not be issued to any other
66emergency response agency. A person may not duplicate a master
67elevator key for issuance to, or issue such a key to, anyone
68other than authorized fire department personnel. Each master
69elevator key must be marked "DO NOT DUPLICATE."
70     (4)  If it is technically, financially, or physically
71impossible to bring a building into compliance with this
72section, the local fire marshal may allow substitute emergency
73measures that will provide reasonable emergency elevator access.
74The local fire marshal's decision regarding substitute measures
75may be appealed to the State Fire Marshal.
76     (5)  The Division of State Fire Marshal of the Department
77of Financial Services shall enforce this section. Any person who
78fails to comply with the requirements of this section is subject
79to an administrative fine of not more than $1,000, in addition
80to any other penalty provided by law. All administrative fines
81shall be deposited into the Insurance Regulatory Trust Fund.
82     (6)  Builders should make every effort to use new
83technology and developments in keying systems which make it
84possible to convert existing equipment so as to provide
85efficient regional emergency elevator access.
86     (7)  The Department of Financial Services shall adopt rules
87to implement this section, including rules to determine the
88master elevator key to be used within each of the emergency
89response regions.
90     Section 2.  Subsection (1) of section 399.03, Florida
91Statutes, is amended to read:
92     399.03  Design, installation, and alteration of
94     (1)  A conveyance covered by this chapter may not be
95erected, constructed, installed, or altered within buildings or
96structures until a permit has been obtained from the department.
97Permits must be applied for by a registered elevator company and
98may only be granted upon receipt and approval of an application
99to be made on a form prescribed by the department, accompanied
100by proper fees and a sworn statement from an agent of the
101registered elevator company that the plans meet all applicable
102elevator safety and building codes. Permits may be granted only
103to registered elevator companies in good standing. When any
104material alteration is made, the alteration must conform to
105applicable requirements of the Florida Building Code and the
106provisions of this chapter. A copy of the permit and plans must
107be kept at the construction site at all times while the work is
108in progress and until a certificate of operation is issued. A
109permit shall not be required for construction or repair of
110elevators in seeking to attain compliance with emergency
111elevator access requirements. Elevator owners shall forward to
112the department, in an electronic format approved by the
113department, an emergency access notification that compliance
114measures are either not required or are being implemented. The
115emergency access notification must also contain specific
116compliance information, including the current compliance status,
117specific measures required to attain compliance, and
118certification by a state-certified inspector. Fees may not be
119assessed for the filing of the emergency access notification.
120The department shall maintain an emergency elevator access
121registry that is available to the State Fire Marshal of the
122Department of Financial Services for enforcement purposes. The
123Department of Business and Professional Regulation shall adopt
124rules to administer this section.
125     Section 3.  Section 399.1061, Florida Statutes, is created
126to read:
127     399.1061  Elevator Safety Technical Advisory Council.--
128     (1)  The Elevator Safety Technical Advisory Council is
129created within the division and shall consist of eight members
130appointed by the secretary of the department who meet the
131following criteria: one representative from a major elevator
132manufacturing company or its authorized representative; one
133representative from an elevator servicing company; one
134representative from a building design profession; one
135representative of the general public; one representative of a
136local government in this state; one representative of a building
137owner or manager; one representative of labor involved in the
138installation, maintenance, and repair of elevators; and one
139representative who is a certified elevator inspector from a
140private inspection service. The council shall provide technical
141assistance to the division in support of protecting the health,
142safety, and welfare of the public and shall give the division
143the benefit of the council members' knowledge and experience
144concerning the industries and individual businesses affected by
145the laws and rules administered by the division.
146     (2)(a)  The council members shall serve 4-year terms,
147except that to provide for staggered terms four of the initial
148appointees, as specified by rule, shall serve 2-year terms. All
149subsequent appointments shall be for 4-year terms. The council
150shall appoint one of the members to serve as chair.
151     (b)  The council members shall serve without compensation,
152except that the members may be reimbursed for per diem and
153travel expenses as provided in s. 112.061.
154     (3)  The council may consult with engineering authorities
155and organizations concerned with standard safety codes for
156recommendations to the department regarding rules for the
157operation, maintenance, servicing, construction, alteration,
158installation, or inspection of vertical conveyances subject to
159this chapter.
160     Section 4.  Section 399.13, Florida Statutes, is amended to
162     399.13  Delegation of authority to municipalities or
164     (1)  The department may enter into contracts with
165municipalities or counties under which the such municipalities
166or counties will issue construction permits and certificates of
167operation; will provide for inspection of elevators, including
168temporary operation inspections; and will enforce the applicable
169provisions of the Florida Building Code, as required by this
170chapter. The municipality or county may choose to require
171inspections to be performed by its own inspectors or by private
172certified elevator inspectors. The municipality or county may
173assess a reasonable fee for inspections performed by its
174inspectors. Each such agreement shall include a provision that
175the municipality or county shall maintain for inspection by the
176department copies of all applications for permits issued, a copy
177of each inspection report issued, and proper records showing the
178number of certificates of operation issued; shall include a
179provision that each required inspection be conducted by a
180certified elevator inspector; and may include such other
181provisions as the department deems necessary. The county shall
182enforce the Florida Building Code as it applies to this chapter
183and may impose fees and assess and collect fines as part of its
184enforcement activities. A county or municipality may not issue
185or take disciplinary action against a certificate of competency,
186an elevator inspector certification, an elevator technician
187certification, or an elevator company registration. However, the
188department may initiate disciplinary action against a
189registration or certification at the request of a county or
191     (2)  The department may make inspections of elevators in
192the such municipality or county for the purpose of determining
193that the provisions of this chapter are being met and may cancel
194the contract with any municipality or county that which the
195department finds has failed to comply with the such contract or
196the provisions of this chapter.  The amendments to chapter 399
197by this act shall apply only to the installation, relocation, or
198alteration of an elevator for which a permit has been issued
199after October 1, 1990.
200     Section 5.  Section 399.106, Florida Statutes, is repealed.
201     Section 6.  The Legislature finds that the provisions of
202this act fulfill an important state interest.
203     Section 7.  This act shall take effect upon becoming a law,
204except that section 1 of this act, which provides for regional
205emergency elevator access, shall take effect October 1, 2004.

CODING: Words stricken are deletions; words underlined are additions.
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