Bill Text: MS HB795 | 2011 | Regular Session | Comm Sub

Mississippi House Bill 795 (Prior Session Legislation)

Bill Title: Elevator Safety Act of Mississippi; enact.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2011-01-25 - Failed [HB795 Detail]

Download: Mississippi-2011-HB795-Comm_Sub.html

MISSISSIPPI LEGISLATURE

2011 Regular Session

To: Judiciary A

By: Representative Blackmon

House Bill 795

(COMMITTEE SUBSTITUTE)

AN ACT TO CREATE THE "ELEVATOR SAFETY ACT OF MISSISSIPPI"; TO PROVIDE FOR THE SCOPE OF THE ACT; TO DEFINE CERTAIN TERMS USED IN THE ACT; TO ESTABLISH THE ELEVATOR SAFETY REVIEW BOARD AND PROVIDE FOR ITS MEMBERSHIP; TO PROVIDE FOR THE BOARD'S POWERS AND DUTIES; TO PROVIDE FOR THE LICENSURE OF ELEVATOR CONTRACTORS, ELEVATOR MECHANICS AND ELEVATOR INSPECTORS, AND TO ESTABLISH QUALIFICATIONS THEREFOR; TO PROVIDE FOR BIENNIAL RENEWAL OF LICENSES; TO PROVIDE THAT LICENSES MAY BE SUSPENDED, REVOKED OR SUBJECT TO CIVIL PENALTIES UPON CERTAIN VIOLATIONS; TO REQUIRE REGISTRATION OF EXISTING ELEVATORS, PLATFORM LIFTS, DUMBWAITERS, ESCALATORS, MOVING WALKS AND ANY OTHER CONVEYANCE; TO REQUIRE INSTALLATIONS AND/OR SERVICE AND MAINTENANCE TO BE PERFORMED IN COMPLIANCE WITH THE STATE FIRE PREVENTION AND BUILDING CODE; TO REQUIRE PERMITS BEFORE A CONVEYANCE IS ERECTED, CONSTRUCTED, INSTALLED OR ALTERED WITHIN BUILDINGS OR STRUCTURES; TO PROVIDE EXCEPTIONS; TO PROVIDE INSURANCE REQUIREMENTS FOR LICENSEES; TO REQUIRE THE ELEVATOR SAFETY REVIEW BOARD TO DEVELOP AN ENFORCEMENT PROGRAM; TO PROVIDE CIVIL PENALTIES FOR VIOLATIONS OF THE ACT; TO PROVIDE THAT THE PROVISIONS OF THE ACT ARE NOT RETROACTIVE UNLESS OTHERWISE STATED; TO PROVIDE THAT THE OWNER OF ALL NEW AND EXISTING CONVEYANCES LOCATED IN ANY BUILDING OR STRUCTURE SHALL HAVE THE RESPONSIBILITY OF HAVING THE CONVEYANCE INSPECTED ANNUALLY BY A LICENSED ELEVATOR INSPECTOR; AND FOR RELATED PURPOSES.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

SECTION 1. This act shall be known and may be cited as the "Elevator Safety Act of Mississippi."

SECTION 2. (1) This act covers the design, construction, operation, inspection, testing, maintenance, alteration and repair of the following equipment, its associated parts, and its hoistways, except as provided by Section 2 of this act:

(a) Hoisting and lowering mechanisms equipped with a car or platform, which move between two (2) or more landings. This equipment includes, but is not limited to, the following (also see ASME A17.1/CSA B44, ASME A17.7/CSA B44.7, ASME A17.3 and ASME A18.1):

(i) Elevators;

(ii) Platform lifts and stairway chairlifts.

(b) Power-driven stairways and walkways for carrying persons between landings. This equipment includes, but is not limited to, the following (also see ASME A17.1/CSA B44, ASME A17.7/CSA B44.7, and ASME A17.3):

(i) Escalators;

(ii) Moving walks.

(c) Hoisting and lowering mechanisms equipped with a car, which serves two (2) or more landings and is restricted to the carrying of material by its limited size or limited access to the car. This equipment includes, but is not limited to, the following (also see ASME A17.1/CSA B44, ASME A17.7/CSA B44.7, and ASME A17.3):

(i) Dumbwaiters;

(ii) Material lifts and dumbwaiters with automatic transfer devices.

(2) This act covers the design, construction, operation, inspection, maintenance, alteration and repair of automatic guided transit vehicles on guideways with an exclusive right-of-way. This equipment includes, but is not limited to, automated people mover (also see ASCE 21).

SECTION 3. Equipment not covered by this act includes, but is not limited to, the following:

(a) Material hoists within the scope of ANSI A10.5;

(b) Man lifts within the scope of ASME A90.1;

(d) Powered platforms and equipment for exterior and interior maintenance within the scope of ANSI 120.1;

(e) Conveyors and related equipment within the scope of ASME B20.1;

(f) Cranes, derricks, hoists, hooks, jacks and slings within the scope of ASME B30;

(g) Industrial trucks within the scope of ASME B56;

(h) Portable equipment, except for portable escalators which are covered by ASME A17.1/CSA B44 and ASME A17.7/CSA B44.7;

(i) Tiering or piling machines used to move materials to and from storage located and operating entirely within one (1) story;

(j) Equipment for feeding or positioning materials at machine tools, printing presses, etc.;

(k) Skip or furnace hoists;

(l) Wharf ramps;

(m) Railroad car lifts or dumpers;

(n) Line jacks, false cars, shafters, moving platforms and similar equipment used for installing an elevator by a contractor licensed in this state.

SECTION 4. (1) The purpose of this act is to provide for the safety of installers, maintainers, operators and users, and to promote public safety awareness. The use of unsafe and defective lifting devices imposes a substantial probability of serious and preventable injury to employees and the public exposed to unsafe conditions. The prevention of these injuries and protection of employees and the public from unsafe conditions is in the best interest of the people of this state. Elevator personnel performing work covered by this act shall, by documented training or experience, or both, be familiar with the operation and safety functions of the components and equipment. Training and experience shall include, but not be limited to, recognizing the safety hazards and performing the procedures to which they are assigned in conformance with the requirements of the act. This act shall establish the minimum standards for elevator personnel.

(2) The provisions of this act are not intended to prevent the use of systems, methods or devices of equivalent or superior quality, strength, fire resistance, code effectiveness, durability and safety to those required by the act, provided that there is technical documentation to demonstrate the equivalency of the system, method or device, as prescribed in ASME A17.1/CSA B44, ASME A17.7/CSA B44.7, ASME A18.1 or ASCE 21.

SECTION 5. For purposes of this act, the following terms are defined as follows, unless the context clearly indicates otherwise:

(a) "Administrators" means the officer(s) designated by the Elevator Safety Review Board.

(b) "ASCE 21" means the American Society of Civil Engineers Automated People Mover Standards.

(d) "ASME A17.3" means The Safety Code for Existing Elevators and Escalators, an American National Standard.

(e) "ASME A17.7/CSA B44.7" means the Performance-Based Safety Code for Elevators and Escalators, an American National Standard.

(f) "ASME A18.1" means the Safety Standard for Platform Lifts and Stairway Chairlifts, an American National Standard.

(g) "Automated people mover" means an installation as defined as an "automated people mover" in ASCE 21.

(h) "Board" means the Elevator Safety Review Board as created in this act.

(i) "Certificate of Operation" means a document issued by the Elevator Safety Review Board that indicates that the conveyance has had the required safety inspection and tests and fees have been paid as set forth in this act.

(j) "Certificate of Operation; Temporary" means a document issued by the Elevator Safety Review Board which permits the temporary use of a noncompliant conveyance by the general public for thirty (30) days while minor repairs are being completed.

(k) "Conveyance" means any elevator, dumbwaiter, escalator, moving sidewalk, platform lifts, stairway chairlifts and automated people movers.

(l) "Dormant elevator, dumbwaiter or escalator" means an installation placed out of service as specified in ASME A17.1/CSA B44 and ASME A18.1.

(m) "Elevator" means an installation defined as an "elevator" in ASME A17.1/CSA B44.

(n) "Elevator contractor" means any sole proprietor, firm, or corporation who possesses an elevator contractors license in accordance with the provisions of Sections 10 and 11 of this act and who is engaged in the business of erecting, constructing, installing, altering, servicing, repairing or maintaining elevators or related conveyance covered by this act.

(o) "Elevator helper/apprentice" means a person who works under the general direction of a licensed elevator mechanic. A license is not required.

(p) "Elevator inspector" means any person, as defined in ASME QEI as an inspector who possesses an elevator inspector's license in accordance with the provisions of this act.

(q) "Elevator mechanic" means any person who possesses an elevator mechanic license in accordance with the provisions of Sections 10 and 11 of this act and who is engaged in erecting, constructing, installing, altering, servicing, repairing or maintaining elevators or related conveyance covered by this act.

(r) "Escalator" means an installation as defined as an "escalator" in ASME A17.1/CSA B44.

(s) "Existing installation" means an installation defined as an "installation, existing" in ASME A17.1/CSA B44.

(t) "License" means a written license, duly issued by the Elevator Safety Review Board, authorizing a person, sole proprietor, firm or corporation to carry on the business of erecting, constructing, installing, altering, servicing, repairing or maintaining or performing inspections of elevators or related conveyance covered by this act.

(u) "License, Elevator Contractors" means a license which is issued to an elevator contractor who has been authorized by the Elevator Safety Review Board to possess this type of license. It shall entitle the holder thereof to engage in the business of erecting, constructing, installing, altering, servicing, testing, repairing or maintaining elevators or related conveyance covered by this act.

(v) "License, Inspector" means a license which is issued to an ASME QEI certified elevator inspector who has proven his/her qualifications and ability and has been authorized by the Elevator Safety Review Board to possess this type of license. It shall entitle the holder thereof to engage in the business of inspecting elevators or related conveyance covered by this act.

(w) "License, Limited Elevator Contractors" means a license which is issued by the Elevator Safety Review Board, authorizing a sole proprietor, firm or corporation who employs individuals to carry on a business of erecting, constructing, installing, altering, servicing, repairing or maintaining platform lifts, and stairway chairlifts within any building or structure, including, but not limited to, private residences.

(x) "License, Elevator Mechanic" means a license which is issued to a person who has proven his/her qualifications and ability and has been authorized by the Elevator Safety Review Board to work on conveyance equipment. It shall entitle the holder thereof to install, construct, alter, service, repair, test, maintain and perform electrical work on elevators or related conveyance covered by this act.

(y) "Licensee" means the elevator mechanic, elevator contractor or elevator inspector.

(z) "Material alteration" means an "alteration" as defined in the referenced standards.

(aa) "Moving walk (sidewalk)" means an installation defined as a "moving walk" in ASME A17.1/CSA B44.

(bb) "Private residence" means a separate dwelling or a separate apartment in a multiple dwelling, which is occupied by members of a single-family unit.

(cc) "Repair" means a "repair" as defined in the referenced standards. This does not require a permit.

(dd) "Temporarily dormant elevator, dumbwaiter or escalator" means an installation whose power supply has been disconnected by removing fuses and placing a padlock on the mainline disconnect switch in the "OFF" position. The car is parked and the hoistway doors are in the closed and latched position. A wire seal shall be installed on the mainline disconnect switch by a licensed elevator inspector. This installation shall not be used again until it has been put in safe running order and is in condition for use. Annual inspections shall continue for the duration of the temporarily dormant status by a licensed elevator inspector. "Temporarily Dormant" status shall be renewable on an annual basis, and shall not exceed a five-year period. The inspector shall file a report with the chief elevator inspector describing the current conditions. The wire seal and padlock shall not be removed for any purpose without permission from the elevator inspector.

SECTION 6. (1) No person shall erect, construct, alter, replace, maintain, remove or dismantle any conveyance contained within buildings or structures in the jurisdiction of this state unless an elevator mechanic license has been issued as described herein and is working under the direct supervision of a sole proprietor, firm or corporation who is an elevator contractor pursuant to this act. No person shall wire any conveyance, from the mainline feeder terminals on the controller, in the jurisdiction of this state unless an elevator mechanic license has been issued as described herein and is working under the direct supervision of a sole proprietor, firm or corporation who is an elevator contractor pursuant to this act. No other license shall be required for this work. A licensed elevator contractor is not required for removing or dismantling conveyances which are destroyed as a result of a complete demolition of a secured building or structure or where the hoistway or wellway is demolished back to the basic support structure whereby no access is permitted therein to endanger the safety and welfare of a person.

(2) No person shall inspect any conveyance within buildings or structures, including, but not limited to, private residences, unless an inspector's license has been issued as described herein.

SECTION 7. (1) There is hereby created the Elevator Safety Review Board, herein referred to as the "board," consisting of nine (9) members, one (1) of whom shall be the Director of the Bureau of Building, Grounds and Real Property Management, Department of Finance and Administration or his delegate, and one (1) of whom shall be the Director of the State Board of Contractors or his delegate. The Governor shall appoint three (3) members of the board as follows: one (1) representative from a major elevator manufacturing company or its authorized representative; one (1) representative from an elevator servicing company; and one (1) representative of the architectural design or elevator consulting profession. The Lieutenant Governor shall appoint two (2) members of the board as follows: one (1) representative of the general public and one (1) representative of a municipality in this state. The Speaker of the House of Representatives shall appoint two (2) members of the board as follows: one (1) representative of a building owner or manager and one (1) representative of labor involved in the installation, maintenance and repair of elevators.

(2) The members constituting such board shall serve for terms of three (3) years, excluding the Director of the Bureau of Building, Grounds and Real Property Management and the Director of the State Board of Contractors, who shall serve continuously. The members shall serve without salary, but shall receive reimbursement of expenses necessarily incurred by them in performance of their duties in accordance with Section 25-3-41. The Governor shall appoint one (1) of the members to serve as chairman; the chairman shall be the deciding vote in the event of a tie vote.

SECTION 8. The board shall meet and organize by October 1, 2011, after the appointment of its members and at such meeting shall elect a secretary to serve during the term to be fixed by the rules and regulations to be adopted by the board. The board shall meet at least quarterly at a time and place to be fixed by it and at such times as it is deemed necessary for the consideration of code regulations, appeals, variances and for the transaction of such other business as properly may come before it. Special meetings shall be called as provided in the rules and regulations. Any appointed board member absent from three (3) consecutive meetings shall be dismissed.

SECTION 9. (1) The board shall be authorized to consult with engineering authorities and organizations concerned with standard safety codes; rules and regulations governing the operation, maintenance, servicing, construction, alteration, installation, and/or inspection of elevators, dumbwaiters, escalators, etc., and the qualifications which are adequate, reasonable and necessary for the elevator mechanic, contractor and inspector. Therefore, the board shall be authorized to recommend the amendments of applicable legislation, when appropriate, to legislators.

(2) The board shall establish the state regulations for the equipment regulated by this act. Such regulations shall include the Safety Code for Elevators and Escalators, ASME A17.1/CSA B44; the Safety Code for Existing Elevators and Escalators, ASME A17.3; the Performance-Based Safety Code for Elevators and Escalators, ASME A17.7/CSA B44.7, the Safety Standards for Platform Lifts and Stairway Chairlifts, ASME A18.1; Standard for the Qualification of Elevator Inspectors, ASME QEI-1; and Automated People Mover Standards, ASCE 21. The board shall adopt the latest editions of said standards within six (6) months of their effective date. Any modifications to said standards, that the board deems necessary, shall be justified in writing by the board.

(3) The board shall also have the authority to grant exceptions and variances from the literal requirements of applicable code and standards, regulations, and/or local legislation in cases where such variances would not jeopardize the public safety and welfare. The board shall have the authority to hear appeals, hold hearings and decide upon such within thirty (30) days of the appeal.

(4) The board shall establish fee schedules for licenses, permits, certificates and inspections. The fees shall reflect the actual costs and expenses to operate this department and to conduct the duties as described in this act.

SECTION 10. (1) Elevator Contractor. Any sole proprietor, firm or corporation wishing to engage in the business of elevator, dumbwaiter, escalator, moving sidewalks installation, alteration, service, replacement or maintenance within the jurisdiction shall make application for a license with the Elevator Safety Review Board on a form provided by the board.

(2) Elevator Mechanic. Any person wishing to engage in installing, altering, repairing or servicing elevator, dumbwaiter, escalator, moving sidewalks installation, alteration, service, replacement or maintenance within the jurisdiction shall make application for a license with the Elevator Safety Review Board on a form provided by the board.

(3) Inspector. Any person wishing to engage in the business of elevator, dumbwaiter, escalator, moving walks, platform or stairway chairlifts inspections within the jurisdiction, upon proof of ASME QEI certification, shall make application for a license with the Elevator Safety Review Board on a form to be provided by the board.

(4) The applications shall contain information for the following provisions:

(a) If a person or sole proprietor, the name, residence and business address of the applicant.

(b) If a partnership, the name, residence and business address of each partner.

(c) If a domestic corporation, the name and business address of the corporation and the name and residence address of the principal officer of said corporation; if a corporation other than a domestic corporation, the name and address of an agent located locally who shall be authorized to accept service of process and/or official notices.

(d) The number of years the applicant has engaged in the business of installing, inspecting and/or maintaining or servicing elevators and/or platform lifts.

(e) The approximate number of persons, if any, to be employed by the elevator contractor applicant, and if applicable, satisfactory evidence that the employees are or will be covered by workers' compensation insurance.

(f) Satisfactory evidence that the applicant is or will be covered by general liability, personal injury and property damage insurance.

(g) Criminal history background check.

(h) Such other information as the board may require.

(5) Qualifications of elevator mechanic. No license shall be granted to any person who has not demonstrated his qualifications and abilities. Applicants for a mechanic license must demonstrate the following qualifications:

(a) An acceptable combination of documented experience and education credits: not less than three (3) years' work experience in the elevator industry, in construction, maintenance or service/repair or any combination thereof, as verified by current and previous employers licensed to do business in this state. Satisfactory completion of a written examination administered by the Elevator Safety Review Board on the most recent referenced codes and standards.

(b) Any person who furnishes the board with acceptable proof that he has worked as an elevator constructor, maintenance or repair person shall upon making application for a license and paying the license fee shall be entitled to receive a license without an examination. He shall have worked without direct and immediate supervision for an elevator contractor licensed to do business in this state. This employment shall not be less than three (3) years immediately prior to July 1, 2011. The person must make application within one (1) year of July 1, 2011.

(c) Certificates of completion and successfully passing the mechanic examination of a nationally recognized training program for the elevator industry such as the National Elevator Industry Educational Program or its equivalent.

(d) Certificates of completion of an apprenticeship program for elevator mechanic, having standards substantially equal to those of this act, and registered with the Bureau of Apprenticeship and Training, United States Department of Labor or a state apprenticeship council.

(e) A license shall be issued to an individual holding a valid license from a state having standards substantially equal to those of this act, upon application and without examination.

(6) Qualifications Elevator Inspector. No inspector's license shall be granted to any person, unless they demonstrate to the satisfaction of the commissioner or officer designated by the board, thereinafter referred to as the "administrators," that they meet the current ASME QEI-1, Standards for the Qualifications of Elevator Inspectors.

(7) Qualifications of Elevator Contractor. No license shall be granted to any sole proprietor, firm or corporation that has not demonstrated the requisite qualifications and abilities. Duly authorized applicants for an elevator contractor's license must demonstrate the following qualifications: shall have in their employ licensed elevator mechanic(s) who perform the work described in paragraph (a) of subsection (5)(a) and have proof of compliance with the insurance requirements set forth in Section 19 of this act.

(8) A license may be issued to a sole proprietor, firm or corporation holding a valid license from a state having standards substantially equal to those of this act, upon application.

SECTION 11. (1) Upon approval of an application by the administrator, the Elevator Safety Review Board may issue a license, all of which shall be renewable biennially. The fee for such license for any renewal thereafter shall be set by the board.

(2) Whenever an emergency exists in the state due to disaster, act of God or work stoppage and the number of persons in the state holding licenses granted by the board is insufficient to cope with the emergency, elevator contractors shall respond as necessary to assure the safety of the public. Any person certified by a licensed elevator contractor to have an acceptable combination of documented experience and education to perform elevator work without direct and immediate supervision shall seek an emergency elevator mechanic license from the Elevator Safety Review Board within five (5) business days after commencing work requiring a license. The administrator shall issue emergency elevator mechanic licenses. The elevator contractor shall furnish proof of competency as the administrator may require. Each such license shall recite that it is valid for a period of forty-five (45) days from the date thereof and for such particular elevators or geographical areas as the administrator may designate and otherwise shall entitle the licensee to the rights and privileges of an elevator mechanic license issued in this act. The administrator shall renew an emergency elevator mechanic license during the existence of an emergency. No fee shall be charged for any emergency elevator mechanic license or renewal thereof.

(3) An elevator contractor shall notify the administrator when there are no licensed personnel available to perform elevator work. The elevator contractor may request that the administrator issue temporary elevator mechanic licenses to persons certified by the licensed elevator contractor to have an acceptable combination of documented experience and education to perform elevator work without direct and immediate supervision. Any person certified by an elevator contractor to have an acceptable combination of documented experience and education to perform elevator work without direct and immediate supervision shall immediately seek a temporary elevator mechanic license from the Elevator Safety Review Board and shall pay such fee, as the board shall determine. Each such license shall recite that it is valid for the term specified in Section 11(1) of this act and while employed by the licensed elevator contractor that certified the individual as qualified. It shall be renewable as long as the shortage of license holders shall continue.

(4) The renewal of all licenses granted under the provisions of this section shall be conditioned upon the submission of a certificate of completion of a course designed to ensure the continuing education of licensees on new and existing provisions of the regulations of the Elevator Safety Review Board. Such courses shall be approved by the board and consist of not less than eight (8) hours of instruction that shall be attended and completed within one (1) year immediately preceding any such license renewal.

SECTION 12. A license issued pursuant to this act may be suspended, revoked or subject to civil penalty by the administrators upon verification that any one or more of the following reasons exist:

(a) Any false statement as to material matter in the application.

(b) Fraud, misrepresentation or bribery in securing a license.

(c) Failure to notify the Elevator Safety Review Board and the owner or lessee of an elevator or related mechanisms of any condition not in compliance with this act.

(d) Violation of any provisions of this act.

SECTION 13. No license shall be suspended, revoked or subject to civil penalty until after a hearing before the administrator upon notice to the licensee of at least ten (10) days at the last-known address appearing on the license, served personally or by registered mail. The notice shall state the date, hour and place of hearing and set forth a statement of facts constituting the grounds for the charges against the licensee. The administrator shall suspend or revoke the license or dismiss the proceeding.

SECTION 14. Any person, sole proprietor, firm or corporation whose license is revoked, suspended or subject to civil penalty may appeal from such determination to the board, which shall within thirty (30) days thereafter, hold a hearing, of which at least fifteen (15) days' written notice shall be given to all interested parties. The board shall, within thirty (30) days after such hearing, issue a decision.

SECTION 15. Within six (6) months after the date of the appointment of the board, the owner or lessee of every existing conveyance shall register with the Elevator Safety Review Board each such elevator, dumbwaiter, platform lift and escalator or device described in Section 2 of this act, owned and operated by them, giving the type, rated load and speed, name of manufacturer, its location and the purpose for which it is used and such additional information as the Elevator Safety Review Board may require. Elevators, dumbwaiters, platform lifts, escalators and moving walks or other conveyances which construction has begun subsequent to the date of the creation of the board shall be registered at the time they are completed and placed in service.

SECTION 16. It shall be the responsibility of individuals, firms or corporations licensed as described above to ensure that installation and/or service and maintenance of elevators and devices described in Section 2 of this act, is performed in compliance with the provisions contained in the State Fire Prevention and Building Code, and with generally accepted standards referenced in said code.

SECTION 17. (1) No conveyance covered by this act shall be erected, constructed, installed or altered within buildings or structures within the jurisdiction unless a permit has been obtained from the Elevator Safety Review Board before the work is commenced. Where any material alteration, as defined herein, is made, the device shall conform to applicable requirements in ASME A17.1/CSA B44, ASME A17.7/CSA B44.7, ASME A18.1 or ASCE 21 for the alteration. No permit required hereunder shall be issued except to a sole proprietor, firm or corporation holding a current elevator contractor's license, duly issued pursuant to this act. A copy of such permit shall be kept at the construction site at all times while the work is in progress.

(2) The permit fee shall be as set by the board. Permit fees collected are nonrefundable.

(3) Permit requirements:

(a) Each application for a permit shall be accompanied by copies of specifications and accurately scaled and fully dimensioned plans showing the location of the installation in relation to the plans and elevation of the building; the location of the machinery room and the equipment to be installed, relocated or altered; and all structural supporting members thereof, including foundations, and shall specify all materials to be employed and all loads to be supported or conveyed. Such plans and specifications shall be sufficiently complete to illustrate all details of construction and design.

(b) The applicable fees shall accompany each permit application.

(4) Revocation of permits: Permits may be revoked for the following reasons:

(a) Where any false statements or misrepresentation as to the material facts in the application, plans or specifications on which the permit was based.

(b) Where the permit was issued in error and should not have been issued in accordance with the code.

(c) Where the work detailed under the permit is not being performed in accordance with the provisions of the application, plans or specifications or with the code or conditions of the permit.

(d) Where the elevator contractor to whom the permit was issued fails or refuses to comply with a STOP WORK order.

(5) Expiration of permits:

(a) If the work authorized by such permit is not commenced within six (6) months after the date of issuance, or within a shorter period of time as the board or its duly authorized representative in its discretion may specify at the time the permit is issued.

(b) If the work is suspended or abandoned for a period of sixty (60) days, or such shorter period of time as the board or its duly authorized representative in its discretion may specify at the time the permit is issued, after the work has been started. For good cause, the director, or his representative, may allow an extension of the foregoing period at his discretion.

SECTION 18. (1) All new conveyance installations shall be performed by a sole proprietor, firm or corporation to which a license to install or service conveyances has been issued. Subsequent to installation, said licensed sole proprietor, firm or corporation must certify compliance with the applicable sections of this act. Prior to any conveyance being used, the property owner or lessee must obtain a Certificate of Operation from the Elevator Safety Review Board. A fee as set forth in this act shall be paid for said certificate of operation. It shall be the responsibility of the licensed elevator contractor to complete and submit first-time registration(s) for new installations. The Certificate of Operation fee for newly installed platform lifts and stairway chairlifts for private residences shall be subsequent to an inspection by a licensed third party inspection firm.

(2) The provisions of this act shall not apply to private residences or structures that are two (2) stories or less.

(3) Display Certificate of Operation. Certificate of Operation referenced in subsections (1) and (2) above are renewable annually except for certificates issued for platform and stairway chairlifts for private residences, which shall be valid for a period of three (3) years. Certificates of Operation must be clearly displayed on or in each conveyance or in the machine room for use for the benefit of code enforcement staff.

SECTION 19. (1) Elevator contractors shall submit to the Elevator Safety Review Board an insurance policy or certified copy thereof, issued by an insurance company authorized to do business in the state, to provide general liability coverage of at least One Million Dollars ($1,000,000.00) for injury or death of any number of persons in any one (1) occurrence, with the coverage of at least Five Hundred Thousand Dollars ($500,000.00) for property damage in any one (1) occurrence and the statutory workers' compensation insurance coverage.

(2) Elevator inspectors, not employed by the authority having jurisdiction, shall submit to the Elevator Safety Review Board an insurance policy or certified copy thereof, issued by an insurance company authorized to do business in the state, to provide general liability coverage of at least One Million Dollars ($1,000,000.00) for injury or death of any number of persons in any one (1) occurrence, with the coverage of at least Five Hundred Thousand Dollars ($500,000.00) for property damage in any one (1) occurrence and the statutory workers' compensation insurance coverage.

(3) Such policies, or duly certified copies thereof, or an appropriate certificate of insurance shall be delivered to the Elevator Safety Review Board before or at the time of the issuance of a license. In the event of any material alteration or cancellation of any policy, at least ten (10) days' notice thereof shall be given to the Elevator Safety Review Board.

SECTION 20. (1) It shall be the duty of the Elevator Safety Review Board to develop an enforcement program, which will ensure compliance with regulations and requirements referenced in this act. This will include, but will not be limited to, regulations for identification of property locations which are subject to said regulations and requirements; issuing notifications to violating property owners or operators, random on-site inspections and tests on existing installations; witnessing periodic inspections and testing in order to ensure satisfactory performance by licensed persons, sole proprietors, firms or corporations; and assist in development of public awareness programs.

(2) Any person may make a request for an investigation into alleged violation of this act by giving notice to the administrator of such violation or danger. Such notice shall be in writing, shall set forth with reasonable particularity the grounds for the notice and shall be signed by the person making the request. Upon the request of any person signing the notice, such person's name shall not appear on any copy of such notice or any record published, released or made available.

(3) If upon receipt of such notification the administrator

determines that there are reasonable grounds to believe that such violation or danger exists, the administrator shall cause to be made an investigation in accordance with the provisions of this act as soon as practicable to determine if such violation or danger exists. If the administrator determines that there are no reasonable grounds to believe that a violation or danger exists, the administrator shall notify the party in writing of such determination.

SECTION 21. This act shall not be construed to relieve or lessen the responsibility or liability of any person, firm or corporation owning, operating, controlling, maintaining, erecting, constructing, installing, altering, inspecting, testing or repairing any elevator or other related mechanisms covered by this act for damages to person or property caused by any defect therein, nor does the state assume any such liability or responsibility therefore or any liability to any person for whatever reason whatsoever by the adoption of this act or any acts or omissions arising hereunder.

SECTION 22. Any owner or lessee who shall violate any of the provisions of this act, upon conviction thereof, shall be fined in an amount not to exceed One Thousand Five Hundred Dollars ($1,500.00).

SECTION 23. The provisions of this act are not retroactive unless otherwise stated and equipment shall be required to comply with the applicable code at the date of its installation or within the period determined by the board for compliance with ASME A17.3, whichever is more stringent. If, upon the inspection of any device covered by this act, the equipment is found in dangerous condition or there is an immediate hazard to those riding or using such equipment, or if the design or the method of operation in combination with devices used is considered inherently dangerous in the opinion of the director, he/she shall notify the owner of the condition and shall order such alterations or additions as may be deemed necessary to eliminate the dangerous condition.

SECTION 24. (1) Annual inspections. It shall be the responsibility of the owner of all new and existing conveyances located in any building or structure to have the conveyance inspected annually (ASME A17.1/CSA B44, category one) by a licensed elevator inspector. Subsequent to inspection, said licensed elevator inspector shall supply the property owner(s) or lessee and the director with a written inspection report describing any and all code violations. It shall be the responsibility of the board to gain code compliance. Property owners shall have thirty (30) days from the date of the published inspection report to be in full compliance with correcting the violations.

(2) It shall be the responsibility of the owner of all conveyances to have an elevator contractor, as described in this act, ensure that the required tests are performed at intervals in compliance with the ASME A17.1/CSA B44 Appendix N, ASME A18.1 and ASCE 21.

(3) All tests shall be performed by a licensed elevator mechanic.

SECTION 25. This act shall take effect and be in force from and after July 1, 2011.