Notice of Proposed Rule

DEPARTMENT OF FINANCIAL SERVICES
Division of State Fire Marshal
Rule No.: RULE TITLE
69A-47.011: Adoption of the Florida Elevator Safety Code
69A-47.012: Uniform Elevator Keys
69A-47.019: Lockboxes
PURPOSE AND EFFECT: The purposes of the rule amendments are to clarify the effective date of Rule Chapter 61C-5, F.A.C., adopted by reference, and conform the rules to recent legislative changes. The effect of the rule amendments is to authorize the use of an elevator key lockbox in lieu of requiring a uniform regional elevator key, when the lockbox and its placement meet the requirements of the rule.
SUMMARY: Rule Chapter 69A-47, F.A.C., establishes uniform standards for elevator fire safety. The rules require elevator accessibility by emergency responders using a regional universal key. Rule 69A-47.011, F.A.C., adopts a rule promulgated by the Department of Business and Professional Regulations by reference, but does not designate a version of the rule. The amendment clarifies that the rule in effect on the date of adoption is the version adopted. Rules 69A-47.012 and 69A-47.019, F.A.C., allow building owners to install lockboxes accessible by a regional key in lieu of rekeying the elevators to fit the regional key. Previously, the building owner needed the express permission of the local authority having jurisdiction. The amendments conform the rules to new legislation which allows lockboxes without the approval of the authority having jurisdiction, when the configuration meets the requirements of the rules.
SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS: No Statement of Estimated Regulatory Cost was prepared.
Any person who wishes to provide information regarding a statement of estimated regulatory costs, or provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.
SPECIFIC AUTHORITY: 399.15, 633.01 FS.
LAW IMPLEMENTED: 633.01, 633.022, 399.15 FS.
IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE HELD AT THE DATE,TIME AND PLACE SHOWN BELOW(IF NOT REQUESTED, THIS HEARING WILL NOT BE HELD):
DATE AND TIME: November 22, 2010, 10:00 a.m.
PLACE: Third Floor Conference Room, Atrium Building, 325 John Knox Road, Tallahassee, Florida
Pursuant to the provisions of the Americans with Disabilities Act, any person requiring special accommodations to participate in this workshop/meeting is asked to advise the agency at least 5 days before the workshop/meeting by contacting: Jim Goodloe, Chief, Bureau of Fire Prevention, (850)413-3620; Jim.Goodloe@myfloridacfo.com. If you are hearing or speech impaired, please contact the agency using the Florida Relay Service, 1(800)955-8771 (TDD) or 1(800)955-8770 (Voice).
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Jim Goodloe, Chief, Bureau of Fire Prevention, (850)413-3620; Jim.Goodloe@myfloridacfo.com

THE FULL TEXT OF THE PROPOSED RULE IS:

69A-47.011 Adoption of the Florida Elevator Safety Code.

(1) The following shall be in compliance with those standards adopted in Chapter 61C-5, F.A.C., Florida Elevator Safety Code, the iteration effective as of 4-2-09, which is hereby adopted and incorporated by reference:

(a) Enclosures of elevator hoistways, machine rooms, and machine spaces;

(b) Automatic smoke detectors and heat detectors,; and

(c) Automatic sprinklers in hydraulic and non-hydraulic elevators.

(2) Chapter 61C-5, F.A.C., Florida Elevator Safety Code may be obtained by writing to the Department of Financial Services, Division of State Fire Marshal, Bureau of Fire Prevention, 200 East Gaines Street, Tallahassee, Florida, 32399-0342, or on the web at https://www.flrules.org/gateway/ChapterHome.asp?Chapter-61C-5.

Rulemaking Specific Authority 633.01 FS. Law Implemented 633.01, 633.022 FS. History–New 8-16-01, Formerly 4A-47.011, Amended________.

 

69A-47.012 Uniform Elevator Keys.

(1) As used in Rules 69A-47.012 through 69A-47.019, F.A.C., “these rules” refers to Rules 69A-47.012 through 69A-47.019, F.A.C.

(2) Each lock for all elevators in each region of the seven emergency response regions in this state that permits public access must be keyed for one master elevator key as required in these rules, unless an alternative as authorized by Rule 69A-47.019, F.A.C., has been implemented.

(3) The purpose of these rules is to implement Section 399.15, F.S., to allow all elevators within each of the seven state emergency response regions to be operated by firefighters in a fire emergency.

Rulemaking Specific Authority 399.15 FS. Law Implemented 399.15 FS. History–New 6-6-06, Amended________.

 

69A-47.019 Lockboxes.

(1) As an alternative to compliance with Rule 69A-47.012, F.A.C., a building owner may provide for If the local fire official determines that it is technically, financially, or physically impossible to bring a building’s elevators into compliance with this rule, the local fire official may accept as an alternative the installation of a keyed lock box that accepts the uniform key for that specific region. The lock box shall be installed in accordance with this section.

(2) The local fire official’s decision regarding the alternative measure may be appealed to the State Fire Marshal whose decision shall constitute final agency action for purposes of Chapter 120, F.S. An appeal may be instituted by the appellant writing a letter to the Division of State Fire Marshal, Bureau of Fire Prevention, 200 East Gaines Street, Tallahassee, Florida 32399-0342.

(2)(3) Alternative installation of Lock Boxes.

(a) The lock box shall is permitted to be installed flush or recessed mounted.

(b) The lock box’s front cover shall be hinged on the right side and shall be engraved or painted with the words “Fire Department Use Only – Elevator keys.”

(c) The lock box shall be mounted at each elevator bank at the lobby nearest to the lowest level of fire department access.

(d) Only keys used for the operation of the elevator or an elevator component shall be placed inside the lock box.

(3)(4)(a) In buildings subject to these alternative lock box provisions which house two or more different elevator banks, a single lock box may be used when such banks are separated by not more than 30 feet.

(b) In the buildings specified in paragraph (a) with elevators or elevator banks separated by more than 30 feet, separate lock boxes must be used for each elevator or elevator bank so separated.

Rulemaking Specific Authority 399.15 FS. Law Implemented 399.15 FS. History–New 6-6-06, Amended________.


NAME OF PERSON ORIGINATING PROPOSED RULE: Jim Goodloe, Chief, Bureau of Fire Prevention, 850-413-3620; Jim.Goodloe@myfloridacfo.com
NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Alex Sink
DATE PROPOSED RULE APPROVED BY AGENCY HEAD: August 26, 2010
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: October 1, 2010