A Bill Regular Session, 2005 SENATE BILL 947

Transcription

1 0 Stricken language would be deleted from and underlined language would be added to the law as it existed prior to this session of the General Assembly. Act of the Regular Session State of Arkansas th General Assembly As Engrossed: S//0 A Bill Regular Session, 0 SENATE BILL By: Senator Laverty By: Representative J. Johnson For An Act To Be Entitled AN ACT TO PROVIDE FOR THE QUALIFICATIONS, LICENSING, AND RENEWAL OF LICENSES FOR ELEVATOR MECHANICS; TO MODIFY THE LICENSE RENEWAL REQUIREMENTS FOR ELEVATOR INSPECTORS; TO PROVIDE FOR EMERGENCY AND TEMPORARY LICENSING BY THE ELEVATOR SAFETY BOARD; AND FOR OTHER PURPOSES. Subtitle AN ACT FOR THE QUALIFICATIONS, LICENSING, AND RENEWAL OF LICENSES FOR ELEVATOR MECHANICS; TO MODIFY THE LICENSE RENEWAL REQUIREMENTS FOR ELEVATOR INSPECTORS; AND TO PROVIDE FOR EMERGENCY AND TEMPORARY LICENSING. BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS: SECTION. Arkansas Code --0, concerning definitions, is amended to read as follows: As used in this chapter, unless the context otherwise requires: () "Alteration" means any change made to an existing elevator, dumbwaiter, or escalator conveyance or to its hoistway, enclosure, or doors other than the repair or replacement of damaged, worn, or broken parts necessary for normal operation. The changing of the speed governor shall be considered an alteration; *GLG0* 0--0 : GLG0

2 As Engrossed: S//0 0 () "Authorized representative" means the building department of cities, towns, or other governmental subdivisions designated by the Department of Labor to enforce certain provisions of this chapter; () "Board" means the Elevator Safety Board described in - -0; () "Conveyance" means an elevator, dumbwaiter, escalator, moving sidewalk, automatic people mover, platform lift, or stairway chairlift. ()() "Director" means the Director of the Department of Labor; ()() "Department" means the Department of Labor; ()() "Dormant elevator, dumbwaiter, or escalator" means an elevator or dumbwaiter whose cables have been removed, whose car and counterweight rest at the bottom of the shaftway, and whose shaftway doors are permanently boarded up or barricaded on the inside or an escalator whose main power feed lines have been disconnected; ()() "Dumbwaiter" means a hoisting and lowering mechanism, driven by mechanical power, equipped with a car which moves in guides in a substantially vertical direction, the floor area of which does not exceed nine () square feet, whose total compartment height does not exceed four feet ('), the capacity of which does not exceed five hundred pounds (00 lbs.), and which is used exclusively for carrying freight; ()() "Elevator" means a hoisting and lowering mechanism equipped with a car or platform which moves in guides in a substantially vertical direction; (A) The term "elevator" shall not include a dumbwaiter, conveyor, chain or bucket hoist, construction hoist, or similar devices used for the primary purpose of elevating or lowering materials, nor shall it include tiering, piling, feeding, or similar machines or devices giving service within only one () story; (B) The term "power elevator" shall mean those driven by the application of energy other than hand or gravity; (C) "Hand elevators" shall mean those driven by manual power; (D) The term "elevator" shall include vertical wheelchair lifts, inclined wheelchair lifts, and inclined stairway chairlifts installed in locations other than in or at any location including a private, single : GLG0

3 As Engrossed: S//0 0 family dwelling for use by individuals with physical disabilities; ()(0) "Escalator" means a power-driven, inclined, continuous stairway or runway used for raising or lowering passengers; (0)() "Freight elevator" means an elevator used for carrying freight and on which only the operator and the persons necessary for loading and unloading and such other designated persons as may be authorized by the rules of the board are permitted to ride; ()() "New installation", "new elevator", "dumbwaiter", or "escalator", or "new conveyance" mean means a complete elevator, dumbwaiter, or escalator, or other conveyance installation, the application for the permit for the installation or relocation of which is filed on or after the effective date of application of the rules and regulations adopted by the board as provided in --0(a)-(c). All other elevators, dumbwaiters, or escalators, or other conveyances shall be deemed to be existing installations; and ()() "Passenger elevator" means an elevator that is used to carry persons other than the operator and persons necessary for loading and unloading and such other designated persons as may be authorized by the rules of the board. SECTION. Arkansas Code --0(a), concerning the powers and duties of the Elevator Safety Board, is amended to read as follows: (a) It shall be the duty of the Elevator Safety Board to license elevator inspectors, elevator mechanics, and elevator contractors as provided in this chapter and to revoke or suspend any such license for cause. SECTION. Arkansas Code --0 is amended to read as follows: --0. Inspector - License Licenses required - Qualifications. (a)() The inspections of elevators, escalators, and dumbwaiters conveyances required by the provisions of this chapter shall be made by an elevator inspector licensed by the Elevator Safety Board. (b)() To be eligible for a license to inspect elevators conveyances, the applicant or licensee shall: ()(A) Have experience in designing, installing, maintaining, or inspecting elevators, escalators, and dumbwaiters conveyances to the extent established by regulation of the board; 0--0 : GLG0

4 As Engrossed: S//0 0 ()(B) Successfully pass a written examination approved by the board; (C)(i) Submit with his or her application for a license or renewal of a license proof of an insurance policy: (a) Issued by an insurance company authorized to do business in Arkansas; and (b) Providing general liability coverage for at least one million dollars ($,000,000) for injury or death of a person and five hundred thousand dollars ($00,000) for property damage. (ii) The provision for liability insurance required by subdivision (a)()(c)(i) of this section shall not apply to elevator inspectors employed by the Department of Labor; and ()(D)(i) Have no financial interest in any business or operation which manufactures, installs, repairs, modifies, or services, or elevators, escalators, or dumbwaiters conveyances. (ii) This qualification does not prohibit employees of insurance companies insuring elevators, escalators, and dumbwaiters conveyances from obtaining a license as an elevator inspector. (c) The board may license a person as an elevator inspector without examination if he holds a license as an inspector of elevators for a state or city that has a standard of examination substantially equal to that provided for in this section. (b)()(a) Unless working under the direct supervision of a licensed elevator contractor, no person shall: (i) Erect, construct, alter, replace, maintain, remove, or dismantle any conveyance contained within a building or structure without an elevator mechanic license; or (ii) Wire any conveyance from the mainline feeder terminals on the controller without an elevator mechanic license. (B) A licensed elevator mechanic is not required for removing or dismantling a conveyance: (i) Destroyed as the result of the complete demolition of a secured building or structure; or (ii) When the demolition to the hoistway or wellway prevents access without endangerment. () To be eligible for an elevator mechanic license, the 0--0 : GLG0

5 As Engrossed: S//0 0 applicant or licensee shall: (A) Have three () years of verifiable work experience in constructing, maintaining, servicing, and repairing conveyances to the extent established by regulation of the board; and (B) Successfully pass a written examination approved by the board. (c)() Except as provided in subsections (a) and (b) of this section, no person other than an elevator contractor may install, construct, alter, service, repair, test, maintain, or perform electrical work on a conveyance. () To be eligible for an elevator contractor license, the applicant or licensee shall: (A) Have in his or her employment a properly licensed elevator mechanic; and (B) Submit with his or her application for a license or renewal of a license proof of an insurance policy: (i) Issued by an insurance company authorized to do business in Arkansas; and (ii) Providing general liability coverage for at least one million dollars ($,000,000) for injury or death of a person and five hundred thousand dollars ($00,000) for property damage. SECTION. Arkansas Code --0 is amended to read as follows: --0. Inspector - Application and examination for license licenses - Issuance and Renewal. (a)() A written application for the examination and license for elevator inspector, elevator mechanic, or elevator contractor shall be made upon a form to be supplied by the Elevator Safety Board upon request and shall be accompanied by a statement of the applicant's experience together with an examination fee not to exceed the sum of one hundred fifty dollars ($0). (b)() The examination shall be given not more than six () months from the date when the applicant makes the application. (c)()(a) If the applicant is qualified and successfully passes the applicable examination specified in this section, then upon payment of a license fee, he or she shall be entitled to: (i) a A one-year license as an elevator inspector or 0--0 : GLG0

6 As Engrossed: S//0 0 elevator contractor; or (ii) A two-year license as an elevator mechanic. (B) The license fee and the license renewal fee shall be established by the board, but in no event shall it either fee exceed the sum of fifty dollars ($0.00) one thousand dollars ($,000). The license shall be renewed annually upon the payment to the board of a fee not to exceed the sum of fifty dollars ($0.00). (d)()()(a) There shall be no limit to the number of times an applicant may seek a license as provided in this section, except that a rejected applicant may not make application within six () months from the date on which he or she is notified that he or she has failed to qualify. ()(B) A license fee shall be paid for the initial examination and each subsequent examination. (b)() The board may license a person as an elevator inspector, elevator mechanic, or elevator contractor without examination if he or she holds an equivalent license for a state or city that has a standard of examination substantially equal to that provided for in --0. () For a period of one () year after the effective date of this section, the board shall issue a mechanic s license to an applicant who provides verifiable proof that he or she worked without direct supervision as an elevator constructor or maintenance or repair person for at least three () years before the effective date of this section. (c) The board shall renew a license after receiving: () Payment of the license renewal fee; and () Submission of proof that the licensee has satisfied the continuing education requirements established by rule or regulation of the board. (d)() Whenever an emergency exists and the board determines that there are not enough licensed elevator mechanics to perform the work necessary to provide for the safety of life, limb, and property and to protect the public welfare, the board may waive the requirements of this subchapter and issue an emergency elevator mechanic license that may be valid for no longer than thirty () days. () Whenever the board determines that there are not enough licensed elevator mechanics available to perform work necessary for the completion of a project for which the Department of Labor has issued a permit 0--0 : GLG0

7 As Engrossed: S//0 0 under --(d), the board may waive the requirements of this subchapter and issue a temporary elevator mechanic license that may be valid for no longer than thirty () days. () The board may renew an emergency or temporary license if the circumstances justifying its original issuance continue. SECTION. Arkansas Code Title, Chapter, Subchapter is amended to add an additional section to read as follows: --. Exemption. Conveyances installed in private single-family dwellings shall be exempt from the testing and inspection requirements of -- and the permitting requirements of -- and --. /s/ Laverty APPROVED: /0/ : GLG0

8 As Engrossed: S// : GLG0