Bill Text: NJ S3159 | 2024-2025 | Regular Session | Introduced
Bill Title: Establishes consumer-facing portal for elevator maintenance for owners of certain buildings to provide information on elevator servicer; requires certain signage; requires DCA to establish senior housing elevator maintenance loan program.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced) 2024-05-09 - Introduced in the Senate, Referred to Senate Community and Urban Affairs Committee [S3159 Detail]
Download: New_Jersey-2024-S3159-Introduced.html
Sponsored by:
Senator ANGELA V. MCKNIGHT
District 31 (Hudson)
SYNOPSIS
Establishes consumer-facing portal for elevator maintenance for owners of certain buildings to provide information on elevator servicer; requires certain signage; requires DCA to establish senior housing elevator maintenance loan program.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning elevator maintenance and signage, amending P.L.1997, c.336, and supplementing P.L.1975, c.217 (C.52:27D-119 et seq.).
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. Section 1 of P.L.1997, c.336 (C.52:27D-126f) is amended to read as follows:
1. a. As used in this section:
"Elevator device" means a hoisting and lowering device equipped with a car or platform which moves in guides for the transportation of individuals or freight in a substantially vertical direction through successive floors or levels of a building or structure. The term includes, without limitation, elevators, dumbwaiters, wheelchair lifts, manlifts, stairway chairlifts and any device within the scope of ASME A17.1 (Safety Code for Elevators and Escalators) or ASME A90.1 (Safety Standard for Belt Manlifts), except escalators and moving walks. It shall not include any conveyor devices that are process equipment.
"Qualified elevator device inspection firm" means any entity, whether a sole proprietorship, partnership, association or corporation, that is engaged in the business of inspecting, testing, installing, maintaining or repairing elevator devices, or the business of inspecting and testing elevator devices, is registered for those purposes with the Department of Community Affairs, and employs at least one qualified elevator device inspector.
"Qualified elevator device inspector" means any person who is employed by a qualified elevator device inspection firm and who is licensed by the Department of Community Affairs to conduct the routine, periodic and acceptance inspections and tests of elevator devices required pursuant to the provisions of the "State Uniform Construction Code Act," P.L.1975, c.217 (C.52:27D-119 et seq.).
b. No elevator devices which, under the provisions of the "State Uniform Construction Code Act," P.L.1975, c.217 (C.52:27D-119 et seq.), are subject to routine, periodic and acceptance inspections and tests by the local enforcing agency or the Department of Community Affairs shall be subject to such inspections and tests, nor shall the owner of the structure be charged any fees therefor, if those elevator devices are subjected to acceptance testing and are routinely and periodically inspected and tested by a qualified elevator device inspection firm, and the owner has registered each such elevator device with the Department of Community Affairs and has indicated in the registration application form, or in a supplement to that form, the identity of the qualified elevator device inspection firm that has been given responsibility for inspection and testing of the elevator device.
The inspections and tests, including the frequency thereof, conducted by a qualified elevator device inspector shall be in accordance with such rules and regulations as the Commissioner of Community Affairs may prescribe pursuant to the "State Uniform Construction Code Act," P.L.1975, c.217 (C.52:27D-119 et seq.) and subsection e. of this section. Acceptance testing and the five-year test shall be witnessed by the local enforcing agency or the Department of Community Affairs in accordance with such rules and regulations as the Commissioner of Community Affairs may prescribe pursuant to the "State Uniform Construction Code Act," P.L.1975, c.217 (C.52:27D-119 et seq.) and subsection e. of this section. No qualified elevator device inspector shall act in that capacity when his work on the elevator device is the work being inspected.
c. If, upon inspection or test, a qualified elevator device inspector shall find that an elevator device is in a dangerous condition, or if there is an immediate hazard to persons riding on or using any such device, the inspector shall immediately prohibit any further use of the device and shall so notify in writing the owner and the local enforcing agency or Department of Community Affairs, as the case may be. The device shall remain out of service until such time as the inspector shall certify in writing that the dangerous condition or immediate hazard has been removed or corrected and that the device is safe for public use. If the local enforcing agency or the department shall determine, in response to a complaint or otherwise, that an elevator device is in a dangerous condition or that there is an immediate hazard to persons riding on or using that device, the local enforcing agency or the department may require the owner of the elevator device to make such repairs as may be necessary, or take other corrective action, within such time as the local enforcing agency or the department, as the case may be, shall prescribe.
d. Any qualified elevator device inspector or qualified elevator device inspection firm violating the provisions of this section shall be subject to a penalty in accordance with section 20 of P.L.1975, c.217 (C.52:27D-138) and shall also be subject to suspension or revocation by the Department of Community Affairs of licensure or registration as a qualified elevator device inspector or qualified elevator device inspection firm, as the case may be.
e. The Commissioner of Community Affairs, in accordance with the provisions of the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), shall promulgate rules and regulations to effectuate the purposes of this act. The rules and regulations shall provide for, but not be limited to, the qualifications for licensing of qualified elevator device inspectors, the registration of qualified elevator device inspection firms, the manner and form of licensure and registration, the fee for each such license or registration, the manner in which test results pursuant to this act are to be recorded, and minimum liability insurance requirements for qualified elevator device inspection firms, for which proof thereof shall be provided by the firms to the department. License and registration fees shall be designed to cover, but not exceed, the actual costs the department shall incur in administering the provisions of this act.
f. The Department of Community Affairs shall conduct a review and perform an analysis of the impact on the safety record of elevator devices in this State as a result of the implementation of this section. The review and analysis shall be performed biennially. A written report of the results of the review and analysis shall be submitted to the Governor and the Legislature, with the first report submitted within 48 months following the effective date of P.L.1997, c.336 (C.52:27D-126f).
g. The Department of Community Affairs shall establish a public database of inspected elevator devices. The database shall include, for each elevator device: (1) the elevator device identification number, to be assigned to each elevator device by the Commissioner of Community Affairs; (2) the address of the building in which the elevator device is located; (3) the date of the most recent elevator device inspection; (4) any report of hazardous or unsafe condition, as reported to the department pursuant to subsection c. of this section; and (5) the status of any reported hazardous or unsafe condition: remedied or open.
(cf: P.L.1997, c.336)
2. (New Section) a. Owners of Group R-2 buildings, as classified in the Uniform Construction Code, adopted pursuant to P.L.1975, c.217 (C.52:27D-123), containing an elevator device shall, inside of and at each door of each elevator device in the building, post a visible sign, with text in a contrasting color. The sign shall be prominently displayed at every entrance to an elevator device and inside an elevator device, and shall provide: (1) the name, address, and telephone number of the designated qualified elevator device inspection firm, as identified in the elevator device maintenance contract; and (2) the elevator device identification number, as assigned by the Department of Community Affairs pursuant to section 1 of P.L.1997, c.336 (C.52:27D-126f).
b. A building owner who violates subsection a. of this section shall be subject to a fine of $100 for the first offense, $500 for the second offense, and $1,000 for any subsequent offense.
3. a. (New Section) The Department of Community Affairs shall establish and administer a loan program to assist owners of residential rental properties reserved for senior citizens, to perform maintenance on elevator devices pursuant to P.L.1997, c.336 (C.52:27D-126f).
b. A loan to the owner of a residential rental property reserved for senior citizens shall:
(1) be made pursuant to a loan agreement with the department;
(2) bear interest at lower rates and with more flexible repayment terms than are available to loan recipients from private lenders through conventional loans, as deemed appropriate by the department; and
(3) contain other terms and conditions considered appropriate by the department that are consistent with the purposes of P.L. , c. (C. ) (pending before the Legislature as this bill) and with rules and regulations adopted by the department pursuant to section 5 of P.L. , c. (C. ).
c. The department may, through the terms of the loan agreement made pursuant to subsection b. of this section, establish terms governing the incidence of default by a loan recipient.
d. The department shall advertise to the public of the availability of the provision of loans to owners of residential rental properties reserved for senior citizens.
4. The Commissioner of Community Affairs, in accordance with the provisions of the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), shall promulgate rules and regulations to effectuate the purposes of P.L. , c. (C. ) (pending before the Legislature as this bill).
5. This act shall take effect on the first day of the seventh month next following enactment, except that the Commissioner of Community Affairs may take any anticipatory action as necessary to effectuate the provisions of P.L. , c. (C. ) (pending before the Legislature as this bill).
STATEMENT
This bill would require the Department of Community Affairs to establish and maintain a database of elevators and elevator inspections, including elevator identification numbers. It would also require owners of R-2 occupancies, including apartment buildings, to post signage at each door to and inside of an elevator with the information of the elevator servicer. An R-2 occupancy building owner who fails to post such signage would be subject to a fine of $100 for the first offense, $500 for the second offense, and $1,000 for any subsequent offense. Additionally, the bill requires the Department of Community Affairs to establish and maintain a loan program for owners of senior housing to perform maintenance on elevators. The bill would take effect on the first day of the seventh month next following enactment.
