HB 0397 2003
1	A bill to be entitled
2	An act relating to the Florida Building Code; amending s.
3	553.73, F.S.; providing for the updating of the Florida
4	Building Code; amending s. 553.842, F.S.; revising
5	provisions relating to product evaluation reports;
6	providing requirements relating to regional emergency
7	elevator access; requiring elevators in certain newly
8	constructed or substantially renovated buildings to be
9	keyed alike within each of the state emergency response
10	regions; providing for these requirements to be phased in
11	for certain existing buildings; restricting the
12	duplication and issuance of master elevator keys;
13	requiring the labeling of master elevator keys; allowing
14	local fire marshals to allow substitute emergency measures
15	for elevator access in certain circumstances; providing
16	for appeal of the local fire marshal's decision; providing
17	for the State Fire Marshal to enforce these provisions;
18	encouraging builders to use applicable new technology to
19	provide regional emergency elevator access; providing an
20	effective date.
21
22	Be It Enacted by the Legislature of the State of Florida:
23
24	Section 1. Subsection (6) of section 553.73, Florida
25	Statutes, is amended to read:
26	553.73 Florida Building Code.--
27	(6) The commission, by rule adopted pursuant to ss.
28	120.536(1) and 120.54, shall update the Florida Building Code
29	every 3 years. When updating the Florida Building Code, the
30	commission shall consider changes made by the adopting entity of
31	any selected model code for any model code incorporated into the
32	Florida Building Code, and may subsequently adoptthe new
33	edition or successor of the model code orany part of such code,
34	no sooner than 6 months afteritsuch model codehas been
35	adopted by the adopting organization, which may then be modified
36	for this state as provided in this section, and shall further
37	consider the commission's own interpretations, declaratory
38	statements, appellate decisions, and approved statewide and
39	local technical amendments. A change made by an institute or
40	standards organization to any standard or criterion that is
41	adopted by reference in the Florida Building Code does not
42	become effective statewide until it has been adopted by the
43	commission. Furthermore, the edition of the Florida Building
44	Code which is in effect on the date of application for any
45	permit authorized by the code governs the permitted work for the
46	life of the permit and any extension granted to the permit. Any
47	amendment to the Florida Building Code which is adopted upon a
48	finding by the commission that the amendment is necessary to
49	protect the public from immediate threat of harm takes effect
50	immediately.
51	Section 2. Paragraph (a) of subsection (6) of section
52	553.842, Florida Statutes, is amended to read:
53	553.842 Product evaluation and approval.--
54	(6) Statewide or local approval of products, methods, or
55	systems of construction may be achieved by one of the following
56	methods. One of these methods must be used by local officials or
57	the commission to approve the following categories of products:
58	panel walls, exterior doors, roofing, skylights, windows,
59	shutters, and structural components as established by the
60	commission by rule.
61	(a) Products for which the code establishes standardized
62	testing or comparative or rational analysis methods shall be
63	approved by submittal and validation of one of the following
64	reports or listings indicating that the product or method or
65	system of construction was evaluated to be in compliance with
66	the Florida Building Code and that the product or method or
67	system of construction is, for the purpose intended, at least
68	equivalent to that required by the Florida Building Code:
69	1. A certification mark or listing of an approved
70	certification agency;
71	2. A test report from an approved testing laboratory;
72	3. A product evaluation report based upon testing or
73	comparative or rational analysis, or a combination thereof, from
74	an approved product evaluation entity; or
75	4. A product evaluation report based upon testing or
76	comparative or rational analysis, or a combination thereof,
77	developed and signed and sealed by a professional engineer or
78	architect, licensed in this state.
79
80	A product evaluation report or a certification mark or listing
81	of an approved certification agency which demonstrates that the
82	product or method or system of construction complies with the
83	Florida Building Code for the purpose intended shall be
84	equivalent to a test report and test procedure as referenced in
85	the Florida Building Code.
86	Section 3.Regional emergency elevator access.--
87	(1) In order to provide emergency access to elevators:
88	(a) For each building in this state which is six or more
89	stories in height, including, but not limited to, hotels and
90	condominiums, and on which construction is begun after June 30,
91	2003, all of the keys for elevators that allow public access,
92	including, but not limited to, service and freight elevators,
93	must be keyed so as to allow all elevators within each of the
94	seven state emergency response regions to be opened with one
95	master elevator key.
96	(b) Any building in this state which is six or more
97	stories in height and is "substantially renovated" as defined in
98	the Americans with Disabilities Act, as amended, after June 30,
99	2003, must also comply with paragraph (a).
100	(2) Each existing building in this state which is six or
101	more stories in height must comply with subsection (1) before
102	July 1, 2006.
103	(3) Master elevator keys may be issued only to the fire
104	department and may not be issued to any other emergency-response
105	agency. A person may not duplicate a master elevator key for
106	issuance to, or issue such a key to, anyone other than
107	authorized fire-department personnel. Each master elevator key
108	must be marked "DO NOT DUPLICATE."
109	(4) If it is technically impossible to bring a building
110	into compliance with this section, the local fire marshal may
111	allow substitute emergency measures that will provide reasonable
112	emergency elevator access. The local fire marshal's decision
113	regarding substitute measures may be appealed to the State Fire
114	Marshal.
115	(5) The Division of State Fire Marshal of the Department
116	of Financial Services shall enforce this section.
117	(6) Builders should make every effort to use new
118	technology and developments in keying systems which make it
119	possible to convert existing equipment so as to provide
120	efficient regional emergency elevator access.
121	Section 4. This act shall take effect July 1, 2003.
122