Senate Bill sb0574e2

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    CS for CS for SB 574                          Second Engrossed



  1                      A bill to be entitled

  2         An act relating to the Florida Building Code;

  3         providing requirements relating to regional

  4         emergency elevator access; requiring elevators

  5         in newly constructed or certain substantially

  6         renovated buildings to be keyed alike within

  7         each of the state emergency response regions;

  8         providing for these requirements to be phased

  9         in for certain existing buildings; restricting

10         the duplication and issuance of master elevator

11         keys; requiring the labeling of master elevator

12         keys; allowing local fire marshals to allow

13         substitute emergency measures for elevator

14         access in certain circumstances; providing for

15         appeal of the local fire marshal's decision;

16         providing for the State Fire Marshal to enforce

17         these provisions; encouraging builders to use

18         applicable new technology to provide regional

19         emergency elevator access; providing an

20         exemption for certain buildings; amending s.

21         399.106, F.S.; revising the membership of the

22         Elevator Safety Technical Advisory Committee;

23         removing provisions terminating the committee;

24         amending s. 633.171, F.S.; establishing

25         penalties for unauthorized use of fireworks and

26         pyrotechnic devices; amending s. 553.73, F.S.;

27         including hospice facilities in the Florida

28         Building Code; authorizing the commission to

29         expedite adoption and implementation of the

30         existing state building code as part of the

31         Florida Building Code pursuant to limited


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    CS for CS for SB 574                          Second Engrossed



 1         procedures; allowing the commission to stay

 2         enforcement of provisions of the Florida

 3         Building Code under certain conditions;

 4         amending s. 399.13, F.S.; authorizing counties

 5         and municipalities to impose certain fees and

 6         fines; amending s. 400.605, F.S.; deleting

 7         requirements to adopt physical plant standards

 8         for a hospice; creating s. 400.6055, F.S.;

 9         requiring construction standards for hospice

10         facilities to comply with the Florida Building

11         Code; amending s. 1013.45, F.S.; requiring

12         life-cycle, cost-analysis in selection of

13         public school facilities; providing an

14         effective date.

15  

16  Be It Enacted by the Legislature of the State of Florida:

17  

18         Section 1.  Regional emergency elevator access.--

19         (1)  In order to provide emergency access to elevators:

20         (a)  For each building in this state which is six or

21  more stories in height, including, but not limited to, hotels

22  and condominiums, on which construction is begun after June

23  30, 2003, all of the keys for elevators that allow public

24  access, including, but not limited to, service and freight

25  elevators, must be keyed so as to allow all elevators within

26  each of the seven state emergency response regions to operate

27  in fire emergency situations with one master elevator key.

28         (b)  Any building in this state which is six or more

29  stories in height and is "substantially renovated" as defined

30  in the Americans with Disabilities Act, as amended, after June

31  30, 2003, must also comply with paragraph (a).


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    CS for CS for SB 574                          Second Engrossed



 1         (2)  Each existing building in this state which is six

 2  or more stories in height must comply with subsection (1)

 3  before July 1, 2006.

 4         (3)  In addition to elevator owners, owner's agents,

 5  elevator contractors, State Certified Inspectors, and State of

 6  Florida agency representatives, master elevator keys may be

 7  issued only to the fire department and may not be issued to

 8  any other emergency-response agency. A person may not

 9  duplicate a master elevator key for issuance to, or issue such

10  a key to, anyone other than authorized fire-department

11  personnel. Each master elevator key must be marked "DO NOT

12  DUPLICATE."

13         (4)  If it is technically or physically impossible to

14  bring a building into compliance with this section, the local

15  fire marshal may allow substitute emergency measures that will

16  provide reasonable emergency elevator access. The local fire

17  marshal's decision regarding substitute measures may be

18  appealed to the State Fire Marshal.

19         (5)  The Division of State Fire Marshal of the

20  Department of Financial Services shall enforce this section.

21         (6)  Builders should make every effort to use new

22  technology and developments in keying systems which make it

23  possible to convert existing equipment so as to provide

24  efficient regional emergency elevator access.

25         (7)  Any building operated by an independent special

26  district or airport that has 24-hour emergency response

27  services shall be exempt from this section.

28         Section 2.  Section 399.106, Florida Statutes, is

29  amended to read:

30         399.106  Elevator Safety Technical Advisory

31  Committee.--


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    CS for CS for SB 574                          Second Engrossed



 1         (1)  The Elevator Safety Technical Advisory Committee

 2  is created within the Department of Business and Professional

 3  Regulation, Division of Hotels and Restaurants, consisting of

 4  eight seven members to be appointed by the secretary of the

 5  Department of Business and Professional Regulation as follows:

 6  one representative from a major elevator manufacturing company

 7  or its authorized representative; one representative from an

 8  elevator servicing company; one representative from a building

 9  design profession; one representative of the general public;

10  one representative of a local government in this state; one

11  representative of a building owner or manager; one

12  representative of labor involved in the installation,

13  maintenance, and repair of elevators; and one representative

14  who is a certified elevator inspector from a private

15  inspection service. The purpose of the committee is to provide

16  technical assistance to the division in support of protecting

17  the health, safety, and welfare of the public; to give the

18  division the benefit of the committee members' knowledge and

19  experience concerning the industries and individual businesses

20  affected by the laws and rules administered by the division.

21         (2)  The committee members shall serve staggered terms

22  of 4 years to be set by rule without salary, but may receive

23  from the state expenses for per diem and travel. The committee

24  shall appoint one of the members to serve as chair.

25         (3)  The committee shall meet and organize not later

26  than 45 days prior to the convening of the 2002 Legislature.

27  This committee terminates December 31, 2003.

28         (3)(4)  The committee may consult with engineering

29  authorities and organizations concerned with standard safety

30  codes for recommendations to the department regarding rules

31  and regulations governing the operation, maintenance,


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    CS for CS for SB 574                          Second Engrossed



 1  servicing, construction, alteration, installation, or

 2  inspection of vertical conveyances subject to this chapter.

 3         Section 3.  Subsection (3) is added to section 633.171,

 4  Florida Statutes, to read:

 5         633.171  Penalty for violation of law, rule, or order

 6  to cease and desist or for failure to comply with corrective

 7  order.--

 8         (3)(a)  An owner or operator of an indoor facility may

 9  not knowingly allow the installation of a pyrotechnic device

10  or fireworks inside his or her facility without a

11  fire-suppression system or without a copy of a local fire

12  marshal's permit furnished to the owner or operator by a

13  vendor or licensee who wishes to install a pyrotechnic device

14  or fireworks inside the indoor facility.

15         (b)  A vendor or licensee may not install fireworks or

16  a pyrotechnic device in an indoor facility without a

17  fire-suppression system unless he or she first obtains a local

18  fire marshal's permit, furnishes a copy of that permit to the

19  owner or operator of the indoor facility, and obtains prior

20  written consent of the owner or operator to install the

21  fireworks or a pyrotechnic device inside his or her indoor

22  facility.

23         (c)  A person who violates this subsection commits a

24  felony of the third degree, punishable as provided in s.

25  775.082, s. 775.083, or s. 775.084.

26         (d)  The provisions of this section do not apply to the

27  manufacturing, distribution, wholesale or retail sale, or

28  seasonal retail sale, of products regulated pursuant to

29  chapter 791, where such products are not used or exploded

30  within an indoor facility. This section does not affect the

31  applicability of the Florida Fire Prevention Code, as


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    CS for CS for SB 574                          Second Engrossed



 1  referenced in ss. 633.0215 and 633.025 and adopted by the

 2  department.

 3         Section 4.  Subsection (2) of section 553.73, Florida

 4  Statutes, is amended to read:

 5         553.73  Florida Building Code.--

 6         (2)  The Florida Building Code shall contain provisions

 7  or requirements for public and private buildings, structures,

 8  and facilities relative to structural, mechanical, electrical,

 9  plumbing, energy, and gas systems, existing buildings,

10  historical buildings, manufactured buildings, elevators,

11  coastal construction, lodging facilities, food sales and food

12  service facilities, health care facilities, including assisted

13  living facilities, adult day care facilities, hospice

14  residential facilities, inpatient facilities, and facilities

15  for the control of radiation hazards, public or private

16  educational facilities, swimming pools, and correctional

17  facilities and enforcement of and compliance with such

18  provisions or requirements. Further, the Florida Building Code

19  must provide for uniform implementation of ss. 515.25, 515.27,

20  and 515.29 by including standards and criteria for residential

21  swimming pool barriers, pool covers, latching devices, door

22  and window exit alarms, and other equipment required therein,

23  which are consistent with the intent of s. 515.23. Technical

24  provisions to be contained within the Florida Building Code

25  are restricted to requirements related to the types of

26  materials used and construction methods and standards employed

27  in order to meet criteria specified in the Florida Building

28  Code. Provisions relating to the personnel, supervision or

29  training of personnel, or any other professional qualification

30  requirements relating to contractors or their workforce may

31  not be included within the Florida Building Code, and


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 1  subsections (4), (5), (6), and (7) are not to be construed to

 2  allow the inclusion of such provisions within the Florida

 3  Building Code by amendment. This restriction applies to both

 4  initial development and amendment of the Florida Building

 5  Code.

 6         Section 5.  The Florida Building Commission may

 7  expedite the adoption and implementation of the State Existing

 8  Building Code as part of the Florida Building Code pursuant

 9  only to the provisions of chapter 120, Florida Statutes. The

10  special update and amendment requirements of section 553.73,

11  Florida Statutes, and the administrative rule requiring

12  additional delay time between adoption and implementation of

13  such code are waived.

14         Section 6.  Subsection (1) of section 399.13, Florida

15  Statutes, is amended to read:

16         399.13  Delegation of authority to municipalities or

17  counties.--

18         (1)  The department may enter into contracts with

19  municipalities or counties under which such municipalities or

20  counties will issue construction permits and certificates of

21  operation; will provide for inspection of elevators, including

22  temporary operation inspections; and will enforce the

23  applicable provisions of the Florida Building Code, as

24  required by this chapter. The municipality or county may

25  choose to require inspections to be performed by its own

26  inspectors or by private certified elevator inspectors and may

27  assess a reasonable fee for inspections performed by its

28  inspectors. Each contract such agreement shall include a

29  provision that the municipality or county shall maintain for

30  inspection by the department copies of all applications for

31  permits issued, a copy of each inspection report issued, and


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    CS for CS for SB 574                          Second Engrossed



 1  proper records showing the number of certificates of operation

 2  issued; shall include a provision that each required

 3  inspection be conducted by a certified elevator inspector; and

 4  may include such other provisions as the department deems

 5  necessary. The county shall enforce the provisions of the

 6  Florida Building Code as it applies to this chapter and may

 7  impose fees and assess and collect fines as part of that

 8  enforcement. A county or municipality may neither issue nor

 9  take disciplinary action against certificates of competency,

10  elevator inspector certifications, elevator technician

11  certifications, or elevator company registrations. However,

12  the department may initiate disciplinary action against such

13  registration or certifications at the request of a county or

14  municipality.

15         Section 7.  Subsection (1) of section 400.605, Florida

16  Statutes, is amended to read:

17         400.605  Administration; forms; fees; rules;

18  inspections; fines.--

19         (1)  The department, in consultation with the agency,

20  shall by rule establish minimum standards and procedures for a

21  hospice. The rules must include:

22         (a)  License application procedures and requirements.

23         (b)  The qualifications of professional and ancillary

24  personnel to ensure the provision of appropriate and adequate

25  hospice care.

26         (c)  Standards and procedures for the administrative

27  management of a hospice.

28         (d)  Standards for hospice services that ensure the

29  provision of quality patient care.

30         (e)  Components of a patient plan of care.

31  


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    CS for CS for SB 574                          Second Engrossed



 1         (f)  Procedures relating to the implementation of

 2  advanced directives and do-not-resuscitate orders.

 3         (g)  Procedures for maintaining and ensuring

 4  confidentiality of patient records.

 5         (h)  Standards for hospice care provided in

 6  freestanding inpatient facilities that are not otherwise

 7  licensed medical facilities and in residential care facilities

 8  such as nursing homes, assisted living facilities, adult

 9  family care homes, and hospice residential units and

10  facilities.

11         (i)  Physical plant standards for hospice residential

12  and inpatient facilities and units.

13         (i)(j)  Components of a comprehensive emergency

14  management plan, developed in consultation with the Department

15  of Health, the Department of Elderly Affairs, and the

16  Department of Community Affairs.

17         (j)(k)  Standards and procedures relating to the

18  establishment and activities of a quality assurance and

19  utilization review committee.

20         (k)(l)  Components and procedures relating to the

21  collection of patient demographic data and other information

22  on the provision of hospice care in this state.

23         Section 8.  Subsection (5) is added to section 1013.45,

24  Florida Statutes, to read:

25         1013.45  Educational facilities contracting and

26  construction techniques.--

27         (5)(a)  To assure that the public receives the best

28  value in the provision of public school facilities, local

29  school districts must use life-cycle, cost-analysis as one of

30  the criteria for selecting new, expanded, or reconstructed

31  facilities. Such analysis must consider:


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    CS for CS for SB 574                          Second Engrossed



 1         1.  The annual anticipated energy consumption;

 2         2.  The structural component's ability to withstand

 3  wind and associated debris;

 4         3.  The structural component's ability to resist wood

 5  destroying organisms;

 6         4.  The perpetual maintenance costs of the facility;

 7         5.  The structural component's ability to resist fire;

 8  and

 9         6.  The annual insurance costs.

10         (b)  In completing such analysis, the school district

11  may rely on information provided by the contractor if such

12  information is based on the best available construction

13  methods and products, as identified by the National Institute

14  of Standards and Technology, the United States Department of

15  Housing and Urban Development, other federal and state

16  agencies, and other technical or professional organizations.

17         Section 9.  Section 400.6055, Florida Statutes, is

18  created to read:

19         400.6055  Construction and renovation;

20  requirements.--The requirements for the construction and the

21  renovation of a hospice inpatient facility or unit or a

22  hospice residence must comply with the provisions of chapter

23  553 which pertain to building construction standards,

24  including plumbing, electrical, glass, manufactured buildings,

25  accessibility by physically handicapped persons, and the state

26  minimum building codes.

27         Section 10.  This act shall take effect July 1, 2003.

28  

29  

30  

31  


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