NEII Government Affairs Committee and NEII Central Code ... · and NEII® Central Code Committee...

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Government Affairs Office 5537 SW Urish Road Topeka Kansas 66610 Office: 785.286.7599 Cell: 785.580.5070 NEII and NEII logo – Registered, U.S. Patent and Trademark Office NEII ® Government Affairs Committee and NEII ® Central Code Committee Joint Meeting April 6, 2016 1:00p-5:00p Eastern Time 1. Lunch was served 2. Meeting was called to order at 1:05p (eastern time) 3. Record of Attendance. Name Company Kurt Stepaniak Divya Mehta KONE, Inc. (via telephone) KONE, Inc. Joe Busse Bob Busse Denny Kalgren Sheldon Bornstein Scott Boucher Fujitec Fujitec (via telephone) KONE, Inc. KONE, Inc. KONE, Inc. David McColl Bruce Horne Otis Elevator Otis Elevator Chris Moore Jesse Matuson Otis Elevator ThyssenKrupp Elevator Tom Sparno John Carlson Vince Robibero Phil Hampton Schindler Schindler Schindler ThyssenKrupp Elevator Brian Lee Amy Blankenbiller Kevin Brinkman Mitsubishi Elevator (via telephone) NEII ® Government Affairs Director NEII ® Code and Safety Director 4. Announcements. None. 5. Adoption of Agenda. Adopted. 6. Approval of Minutes. GAC/CCC approved the November 12, 2015 minutes posted on the GAC & CCC websites.

Transcript of NEII Government Affairs Committee and NEII Central Code ... · and NEII® Central Code Committee...

Government Affairs Office 5537 SW Urish Road Topeka Kansas 66610 Office: 785.286.7599 Cell: 785.580.5070

NEII and NEII logo – Registered, U.S. Patent and Trademark Office

NEII® Government Affairs Committee and NEII® Central Code Committee Joint Meeting

April 6, 2016 1:00p-5:00p Eastern Time

1. Lunch was served 2. Meeting was called to order at 1:05p (eastern time) 3. Record of Attendance.

Name Company Kurt Stepaniak Divya Mehta

KONE, Inc. (via telephone) KONE, Inc.

Joe Busse Bob Busse Denny Kalgren Sheldon Bornstein Scott Boucher

Fujitec Fujitec (via telephone) KONE, Inc. KONE, Inc. KONE, Inc.

David McColl Bruce Horne

Otis Elevator Otis Elevator

Chris Moore Jesse Matuson

Otis Elevator ThyssenKrupp Elevator

Tom Sparno John Carlson Vince Robibero Phil Hampton

Schindler Schindler Schindler ThyssenKrupp Elevator

Brian Lee Amy Blankenbiller Kevin Brinkman

Mitsubishi Elevator (via telephone) NEII® Government Affairs Director NEII® Code and Safety Director

4. Announcements. None. 5. Adoption of Agenda. Adopted. 6. Approval of Minutes. GAC/CCC approved the November 12, 2015 minutes posted on the

GAC & CCC websites.

7. Items from CCC meeting. The CCC brought forth the following issues to the GAC/CCC. - CA DOSH & NAVFAC (already on agenda) - PA safety issue – State requires that they witness the testing of car and

counterweight safeties and will not allow self-certification by the manufacturer or 3rd party certification. Problem is that testing needs to be done in a test tower (i.e. at manufacturer facility) and they cannot get the state to approve funds for inspector to travel to factory to witness test.

- Two way video communication – The IBC passed the rule requiring two way video communication on elevators (effective with 2018 edition), but the code is poorly written and it is not clear how this will be accomplished. ASME Emergency Operations Committee created a task group to review (I am chair and David, John Carlson, and Stewart James of Kone are part of the group). Held a joint meeting with advocates, BOMA, Access Board and NAHB represented to better understand the issues and current technology. Larger ASME committee is reluctant to do anything because they feel it is a building code issue, but we agreed to continue working on it and to try to convince the larger committee to make this an elevator issue so we can control it and fix the code in the IBC.

- NV Fire testing (to be addressed during state updates) - IUEC efforts on A17 committees. IUEC getting much more involved in code updates.

NEII is working to ensure that we have strong representation on the various committees and a coordinated approach on key issues.

8. California Discussion. Amy and Tom Sparno provided a summary of efforts to date and commentary on the recent

activities. Highlights as follows: - Andrew Chang has been reaching out to each company to hold conversations and

gather data. The target due date his draft economic report is June 30. - DOSH recently started its own economic assessment with a target due date of

September 15. This will push the proposal date for the Group V rule back until late 2016 or even early 2017.

- NEII has developed a webpage to house the technical information related to the rulemaking. We plan to reach out to our coalition members and provide a link to this page for their members to review all the materials.

- NEII’s communications team is working on the messaging. The committee will be discussing in April 7, provide a draft to the CA Working group for review and then present a near final proposal to the GAC/CCC at its July meeting.

- NEII has reviewed the documents from the public records request and found nothing to support the direction of the draft proposed rules.

- Status of meetings and discussions with Go-Biz, Standards Board and Dept. of Finance.

- Amy to make presentations to the NAEC CA affiliates (the Elevator Industry Groups of Northern and Southern CA) on May 17 & 18, then we will hold a CA Working Group meeting on May 19th as well.

- Amy will continue regular updates to working group and others.

9. Navy/Military MRL issue Amy provided an update on the meetings and discussions the Spectrum team has had with

key points of contact in NAVFAC and within the other services. NEII sent our comments on the NAVFAC interim technical guide to all the services and is waiting to hear back on next steps. In addition, Phil Grone (UTC’s Defense lobbyist) has raised this issue within the Secretary of Defense’s office. Regular conference calls and coordination continues.

At this time, however, it is clear we may not get any additional traction on the technical

side. The GAC and CCC agreed to suspend the Spectrum contract until we have a greater potential for meetings and further discussions with NAVFAC and the other services.

10. Other State Reports & Strategy Discussions:

(a) TKE States - Kentucky is considering a licensing bill to establish minimum standards that differ

from the MEL. NEII sent a letter in opposition. Amy will follow-up and provide an update on next call as needed.

(b) KONE States - Massachusetts has been a focus of our efforts, specifically as it relates to the

penalties for overdue permits and efforts to reduce and/or waive them. We have made great strides on the penalties, but work continues. Also working on a new sick leave requirement and coordinating with NEBA as it is a labor issue.

- Denver has also had an issue about not being able to work on equipment that does not have a valid permit. We are gathering information from the companies to see which ones have concerns and will follow-up with Mike Stewart as appropriate.

(c) Otis States - New York City and New York State continue their efforts related to mechanic and

other licensing. NEII has concerns with the bill and how it differs from the MEL. We continue to try to seek a compromise and pathway forward. In addition, we are opposing efforts by NYC to carve the city out of the state program.

- In Washington State, the bill to create a dedicated fund for certain revenues for the elevator program failed. Efforts to instruct L&I to undertake an audit of the elevator program were successful. Also continuing work on the Class A permits and the testing catch up.

- Nevada has two main issues of concern. First, there have been some bumps in the road related to the transition to third party inspectors. The other (new) issue relates to a policy that was imposed to require that mechanics are on site while all fire service related testing is being undertaken, including the testing of smoke heads and other non-conveyance related equipment. NEII will be meeting with the Mechanical Division to discuss this issue.

- MEL efforts in Kansas failed this year. - Continuing work with Missouri on new rules and code updates.

(d) Schindler States - In Michigan, we continue to work with a key state senator on the development of

legislation to revamp the elevator program. We are currently waiting for the draft bill, which we will review and provide comments. To assist with the development of the legislation, we gathered and provided information on fees from every state, as well as sending draft language related to auto-adoption of codes.

11. Discussion of Key Issues of Focus

(a) Licensing efforts: Amy’s project assistant (Megan) has completed gathering information on the licensing requirements for each state. Amy will finalize the information and target having it posted on the website by our summer meeting. (c) Code Updates: Nicole, the CodeFinder editor, put together a spreadsheet listing the states in ranking order based on the number of code changes made during the state adoption of the model codes. In summary, 29 states either auto adopt or adopt without modification. Another 12 adopt with five or less changes. Only 9 states, plus NYC make extensive modifications. This information is helpful to target our efforts where the most changes are made.

12. Update on MEL Efforts.

The draft MEL rev4 (attachment 1) and the summary provided by the EIWPF (attachment 2) were provided with the agenda. Rather than going through the document, the GAC and CCC requested that Amy provide a copy of the draft MEL rev4 that included her margin notes and everyone would provide comments.

13. 2016 Planning Discussion

Kurt provided an update on the process and noted that interviews were taking place later this week.

14. Old Business

(a) Discussions with IUEC. Amy was directed to request a follow-up meeting with the IUEC and (potentially) EIWPF. (b) Data needs. Kevin has obtained additional safety data from the NEII member companies. He will finalize the data and develop charts or other visuals for use with both the CA and NAVFAC efforts.

15. Budget

(a) 2016 Budget proposal (attachment 3). The GAC requested $700,000 for 2016. This amount was accepted by the Board, but there was an error on the final budget and only $550,000 was allocated to the GAC. Kurt and Amy are working to ensure the full amount is allocated as approved, but we are unsure if Board discussion will occur in April or June.

16. New Business

(a) GAC Conference calls. GAC calls were scheduled for May 4 (9a-11a) and June 6 (1p-3p). In addition, the GAC/CCC identified the 2016 meeting dates as follows: April 5-6, 2016 in Morristown, NJ. Schindler to host

July 26-27, 2016. Toronto, with David McColl reaching out to the National Elevator and Escalator Association of Canada to see if we can meet in their offices again. Kevin will send out the meeting logistics when finalized.

Nov. 9-10, 2016. Potentially to be held in Chicago, but location not finalized. (b) Walk-ons and Wrap-ups. None.

17. Review of Action Items 1. Amy to follow up with the individual companies that have not returned the non-

disclosure agreement from Andrew Chang. 2. Amy to follow up with Fujitec, which had not been contacted by Andrew Chang. 3. Amy will work with Tom Sparno on the document review of the NEII CA Code Update

webpage and potential drafting of an executive summary. 4. Amy will work with our CA attorney to determine when NEII should submit a follow-

up public records request to gather the documents since our previous request, which would include all the economic data.

5. Amy will follow-up with NEBA re MA sick leave law and potential collaboration with NEII.

6. Amy will follow-up with Mike Stewart in Denver re prohibition of working on an elevator without a valid annual permit.

7. Amy will finalize the state licensing information and target having it posted on the website by our summer meeting.

8. Amy provide a copy of the draft MEL rev4 that included her margin notes and the GAC and CCC members will provide comments within two weeks.

9. Amy will request a follow-up meeting with the IUEC and (potentially) EIWPF. 10. Kevin will finalize the additional safety data and develop the materials we can use to

support CA and NAVFAC efforts. 11. Kurt and Amy will work to resolve the budget issue to reinstate the full budget

request that was approved. 12. David McColl will contact NEEA in Toronto and Kevin will send out the July CCC and

GAC/CCC meeting information when finalized.

18. The meeting adjourned at 3:50p.

MODEL ELEVATOR SAFETY LAW

DRAFT 2/16/16

Contents of Model Bill

Section 1: Title

Section 2: Findings; Purpose

Section 3: Definitions

Section 4: Scope; General Requirements

Section 5: Elevator Safety Board

Section 6: Elevator Equipment

Section 7: Elevator Contractor License

Section 8: Elevator Mechanic License

Section 9: Mechanic License Exceptions

Section 10: Elevator Apprentice Permit

Section 11: Elevator Inspector License

Section 12: Administration; Enforcement

Section 13: Effective Date

Section 14: Severability

*Editor’s Notes: While this model bill was developed generally for state government, it may be modified for use by local government bodies as well, such as counties or cities. The names of government departments, agencies, offices and officials may need to be changed to include appropriate titles for a particular jurisdiction.

 

Overview of Model Bill

This document provides model legislation for an Elevator Safety Law to ensure the safe and proper installation, maintenance, operation and inspection of elevators and related conveyances. The contents of this document are based on best practices research of relevant statutes and policy used in the elevator industry.

Attachment 1 Page 1 of 16

Section 1. Title

Sections 1 through 14 of this chapter shall be known as the Elevator Safety Act.

Section 2. Findings; Purpose

(a) The use of unsafe and defective elevators, escalators and other conveyances and devices used to move people and objects poses a significant risk of serious and preventable injury to the general public as well as to persons employed in the elevator industry.

(b) The prevention of these injuries and the protection of the public and persons employed in the elevator industry from unsafe conditions is in the best interest of the people of this state.

(c) Threats to public and worker safety can be significantly reduced by requiring elevators, escalators and other devices used for moving people and objects to be installed, maintained, inspected, tested and operated in accordance with professional industry codes and standards and by ensuring that such work is performed by contractors, mechanics and inspectors possessing adequate skill, training and experience in the elevator industry.

(d) The purpose of this chapter is to promote safety in the elevator industry by ensuring that elevators, escalators and other conveyances and devices used to move people and objects meet applicable industry safety standards and that contractors and other persons involved in the construction, alteration, service, repair, inspection and testing of such devices possess adequate qualifications to perform this work.

Section 3. Definitions

(a) “Alteration” means any change to elevators or other conveyances, or parts, components, and/or subsystems of conveyances, other than maintenance, repair or replacement, in accordance with ASME A17.1/CSA B44, including, but not limited to, the altering, rebuilding, upgrading or modernizing of elevators or other conveyances.

(b) “Apprenticeship Training Program” means an apprenticeship training program that is registered with and approved by the U.S. Department of Labor or a state apprenticeship Department for providing education and skill training in the elevator industry, has graduated apprentices for at least three of the past five years, and requires a course of education and training in the elevator trade that consists of a minimum of 8,000 hours of supervised on-the-job training and 144 hours of related technical education per year from a provider of training and educational services in the elevator industry that has been approved by the Board.

(c) “ASME” means the American Society of Mechanical Engineers.

(d) “Board” means the Elevator Safety Board established under this chapter.

(e) “Conveyance” means any elevator, escalator, stairway chairlift, platform lift, stage lift, orchestra lift, hoist, dumbwaiter, moving walk, automated people mover, automated-type parking structure or other device used for moving people, materials, equipment or other objects from one landing or location to another. Such devices include, but are not limited to, those covered by ASME A17.1/CSA B44; ASME A18.1; ASME B20.1; Automated People Mover Standards; NFPA 88A; ANSI/ASSE 10.4; and ANSI/ASSE 10.5. The meaning of the terms for

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elevators, escalators and other conveyance devices referenced shall include the definitions provided in the referenced code sections, as applicable.

(f) “Department” means [insert name of department or agency responsible for the administration and enforcement of this chapter].

(g) “Elevator Apprentice” means a person who is enrolled in an Apprenticeship Training Program for elevator mechanics, meets the requirements of this chapter and works under the supervision of a licensed Elevator Mechanic.

(h) “Elevator Contractor” means any sole proprietor, partnership, corporation or other business entity that is engaged in the business of selling to, or contracting with customers work involving the constructing, installing, altering, replacing, decommissioning, dismantling, demolishing, removing from service, repairing, servicing, inspecting or testing of elevators or other conveyances covered by this chapter.

(i) “Elevator Inspector” means a person, as defined in ASME QEI-1 Standard for the Qualification of Elevator Inspectors, who performs inspections and witnesses tests of elevators and other conveyances for compliance with requirements and specifications imposed by law and applicable industry codes and standards.

(j) “Elevator Mechanic” means a person engaged in the work of constructing, installing, altering, replacing, decommissioning, dismantling, demolishing, removing from service, repairing, servicing or testing of elevators or other conveyances covered by this chapter.

Section 4. Scope; General Requirements

(a) Covered Work. This chapter covers all work in the elevator industry and trade, including, but not limited to, constructing, installing, altering, replacing, decommissioning, dismantling, demolishing, removing from service, repairing, servicing, inspecting or testing of elevators or other conveyances covered by this chapter.

(b) Elevator Equipment. The operation of elevators and other conveyances subject to this chapter, and work on such conveyances, shall comply with the requirements of this chapter and applicable industry codes and standards as incorporated herein.

(c) Licensing Requirements. Elevator Contractors, Elevator Mechanics, Elevator Apprentices and Elevator Inspectors performing work on elevators, escalators or other conveyances subject to this chapter shall be licensed or permitted in accordance with the requirements of this chapter.

(d) License Renewals. An Elevator Contractor, Elevator Mechanic or Elevator Inspector License issued pursuant to this chapter shall be valid for a period of two years and may be renewed by submission of a renewal application to the Department, payment of a renewal fee and proof of compliance with the requirements of this chapter.

(e) Licensing Administration. The requirements of this chapter shall be administered by the Board and the Department.

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(f) Publication of Licensing Records. All licensing records required by this chapter, including license or permit applications, supporting documentation for applications and licenses and permits issued, shall be deemed public records and made available to the public upon request. The Department shall maintain a list of all persons, corporations or other business entities licensed pursuant to this chapter and shall publish this list on a publicly available website that shall be updated on at least a monthly basis.

(k) Code Bodies and Publications. Industry codes and standards referenced and incorporated into this chapter are published by professional code making bodies, such as the ASME and other code making organizations as listed in ASME A17.1/CSA B44, Section 9.2. References to industry codes and standards shall include the name of the publishing organization and the applicable numerical title or section of the code, such as “ASME A17.1/CSA B44.”

(g) Industry Codes. Elevators and other conveyances subject to this chapter are further defined and regulated by applicable industry codes and standards, including: ASME A17.1/CSA B44; ASME A17.2; ASME A17.3; ASME A17.5; ASME A17.6; ASME A18.1; ASME B20.1; NFPA 88A; ANSI/ASSE-10.4; and ANSI/ASSE 10.5. The specific versions of industry codes and standards that shall apply to this chapter shall be determined by the Department, in consultation with the Elevator Safety Board and the Attorney General, and incorporated into this chapter through administrative regulations.

(h) Code Revisions. The Department, in consultation with the Elevator Safety Board and the Attorney General, shall determine whether revisions to industry codes and standards relating to the elevator industry should be adopted. The adoption of such revisions shall be implemented in accordance with the state’s established methods of reviewing and determining the applicability of such code revisions.

Section 5. Elevator Safety Board

(a) Creation of Board. There is hereby created the Elevator Safety Board, herein referred to as the "Board," consisting of nine members.

(b) Board Appointments. The Governor shall appoint the members of the Board with one

representative from each of the following categories:

(1) The Department; (2) Elevator Manufacturing Company; (3) Elevator Servicing Company; (4) Architectural Design or Elevator Consulting Profession; (5) Elevator Inspector; (6) A Labor Organization specializing in the installation, maintenance and repair of elevators

and other conveyances (7) Building Owner or Manager; (8) A Municipality in this State; and (9) The General Public.

(c) Terms. The members constituting such Board shall serve for terms of three years, excluding

the representative of the Department or their designee who shall serve continuously. The members shall serve without salary. The Board members shall receive from the state expenses

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necessarily incurred by them in the performance of their duties. The Governor shall appoint one of the members to serve as Chairman; the Chairman shall be the deciding vote in the event of a tie vote.

(d) Meetings. The Board shall meet and organize within ten days after the appointment of its members and at such meeting shall elect one Secretary of the Board to serve during the term to be fixed by the rules and regulations to be adopted by the Board. The Board shall meet regularly once in each month at a time and place to be fixed by the Board and at such times as it is deemed necessary for the consideration of code regulations, appeals, variances and the transaction of such other business as properly may come before it. Special meetings shall be called as provided in the rules and regulations adopted by the Board. Any appointed Board Member absent from three consecutive meetings shall be dismissed.

(e) Powers of the Board.

(1) Fee Schedules. The Board shall establish fee schedules for licenses, permits, certificates, inspections and tests required under this chapter. The fees shall reflect the actual costs and expenses to operate this department and to conduct the duties as described in this chapter.

(2) Implementing Regulations. The Board, in conjunction with the Department and Attorney

General, shall develop regulations and issue other guidance as required to ensure the proper administration and enforcement of this chapter. The Board shall be authorized to consult with engineering authorities and other appropriate organizations regarding the application of elevator industry codes and standards to this chapter, for proposed amendments to this chapter, and in the development of rules and regulations pursuant to this chapter.

(3) Amendments to Regulations. The Department, in consultation with the Board and

Attorney General, shall promulgate amendments to regulations for this chapter as needed. (4) Industry Codes and Standards. In developing regulations, the Board shall implement

applicable industry codes and standards, including Safety Code for Elevators and Escalators, ASME A17.1/CSA B44; Safety Code for Existing Elevators and Escalators, ASME A17.3; Safety Standard for Conveyors and Related Equipment, ASME B20.1; Safety Standards for Platform Lifts and Stairway Chairlifts, ASME A18.1; Standard for the Qualification of Elevator Inspectors, ASME QEI-1; Automated People Mover Standards, Standard for Parking Structures, NFPA, 88A; Personnel Hoists and Employee Elevators on Construction and Demolition Sites, ANSI/ASSE A10.4; Safety Requirements for Material Hoists, ANSI/ASSE A10.5; and Accessible and Usable Buildings and Facilities, ICC A117.1.

(5) Exceptions and Variances. The Board shall have the authority to grant exceptions and

variances from the literal requirements of applicable codes and standards, regulations, and/or local legislation in cases where such changes would not jeopardize the public safety and welfare or persons employed in the elevator industry.

(6) Hearings and Appeals. The Board shall have the authority to hold hearings and hear

appeals on matters relating to this chapter, including suspension or revocation of licenses,

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in accordance with regulations and procedures established by the Board in conjunction with the Department and the Attorney General.

Section 6. Elevator Equipment

(a) Registration of Covered Conveyances.

(1) Registration of Existing Conveyances. Within six months from the effective date of this chapter, the owner of every existing elevator or other conveyance subject to this chapter shall register with the Department each such conveyance, unless it is a new conveyance.

(2) Registration of New Conveyances. The owner of a new elevator or other conveyance shall register it with the Department within thirty days of passing acceptance testing and inspection.

(3) Registration Information. When registering a conveyance, the owner shall give the type,

rated load and speed, name of manufacturer, its location, the purpose for which it is used and such additional information as the Department may require.

(4) List of Registered Conveyances. The Department shall maintain an accurate list of all conveyances registered pursuant to this chapter.

(5) Deregistration of Conveyances. When a conveyance subject to this chapter is decommissioned or otherwise taken out of service, the owner responsible for the equipment shall notify the Department within six months to request the conveyance be removed from the state’s registration list.

(b) Elevator Permits. A permit, issued in accordance with the requirements of this section, shall be required for any work involving constructing, installing, altering, replacing, dismantling, demolishing or removing from service elevators or other conveyances covered by this chapter.

(1) Permit Fees. The permit fee shall be as set by the Department. Permit fees collected are non-refundable.

(2) Permit Requirements.

(i) Permits required under this section shall be obtained before the work is commenced and shall only be issued to an Elevator Contractor licensed pursuant to this chapter.

(ii) The Elevator Contractor obtaining the permit shall be responsible for the complete scope of work covered by the permit until the government Department having jurisdiction has issued the operating permit. A copy of such permit shall be kept at the site at all times while the work is in progress.

(iii) Any permit issued shall specifically require that any work subject to the permit shall be performed only by persons licensed under this chapter and shall be performed in accordance with all requirements of this chapter, including applicable industry codes and standards incorporated herein.

(iv) 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

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in relation to the plans and elevation of the building; the location of the machinery space, machine room, control space, or control 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, including electrical drawings. In addition, each submittal shall include a copy of the written Maintenance Control Program as required by ASME A17.1/CSA B44.

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

(3) Revocation of Permits. Permits may be revoked for the following reasons:

(i) Where there is the making of a false statement, omission or misrepresentation as to a material fact(s) in the application, plans or specifications on which the permit was based;

(ii) 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;

(iii) Where the Elevator Contractor to whom the permit was issued fails or refuses to comply with a stop work order; or

(iv) Where the Department determines revocation is necessary to ensure the proper enforcement of this chapter or to protect public or worker safety.

(4) Expiration of Permits. A permit shall be deemed expired in the event that:

(i) The work authorized by such permit is not commenced within six months after the date on which the permit is issued or within a shorter period as specified on the permit; or

(ii) The work is suspended or abandoned for a period of sixty days, or such shorter period of time as the Department may specify at the time the permit is issued, after the work has been started. For good cause, the Department may allow an extension of the foregoing period at its discretion.

(c) Certificate of Operation (1) Contractor Compliance Certification. Subsequent to installation, the Elevator Contractor

responsible for the work shall certify compliance with the applicable sections of this chapter and applicable industry codes and standards, as adopted by the Board.

(2) Equipment Certificate of Operation. Prior to any conveyance being used, the owner of the elevator or other conveyance must obtain a Certificate of Operation from the Department.

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(3) Duration of Certificate. Certificates of Operation shall be valid for one year and renewed annually. A fee, as determined by the Department, shall be paid for initial and subsequent Certificates of Operation.

(4) Display of Certificate. Certificates of Operation must be clearly displayed on or in each conveyance or in the machine room for the benefit of code enforcement staff.

(5) Safety Reports. In the event that an incident occurs involving an elevator or other conveyance subject to this chapter that results in injury or death or when an elevator or other conveyance used for moving people is taken out of service for more than seven days, the owner shall submit a report to the Department within 48 hours which includes the date, time and place of the incident and the identities of persons involved.

(i) The failure to comply with the reporting requirements of this section shall result in the revocation of a permit or certificate of operation, in addition to other sanctions provided by this chapter.

(ii) Safety reports shall be deemed public records and made available within thirty days upon request.

(d) Inspection and Testing of Conveyances.

(1) It shall be the responsibility of the owner of all elevators and other conveyances to ensure

that all conveyances subject to this chapter conform to the following inspection and testing requirements as applicable:

(i) New or altered conveyances shall be:

(A) Inspected and tested in accordance with the code(s) applicable to the conveyance as adopted or determined by the Department;

(B) Inspected by a licensed Elevator Inspector in accordance with ASME A17.1-2013/CSA B44-13, Section 8.10.1.1; and

(C) Subject to tests performed by a licensed Elevator Mechanic and witnessed by a licensed Elevator Inspector in accordance with ASME A17.1-2013/CSA B44-13, Section 8.10.1.1.

(ii) Existing Conveyances

(A) Inspected and tested in accordance with the code(s) applicable to the conveyance as adopted by the Department;

(B) Inspected by a licensed Elevator Inspector in accordance with ASME A17.1-2013/CSA B44-13, Section 8.11.1.1; and

(C) Subject to tests performed by a licensed Elevator Mechanic and witnessed by a licensed Elevator Inspector in accordance with ASME A17.1-2013/CSA B44-13, Section 8.11.1.1.

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(2) Inspections and tests of conveyances required under this section shall be conducted to ensure the conveyances are operated and maintained in accordance with applicable code(s) requirements for such conveyances as adopted or determined by the Department.

(3) It shall be the responsibility of the owner of all conveyances to ensure that the inspections and tests required pursuant to this section are performed in compliance with the applicable code(s) requirements for such conveyances as adopted or determined by the Department.

(4) All work required for inspections and tests of elevators and other conveyances shall be performed by a licensed Elevator Mechanic and shall be witnessed by a licensed Elevator Inspector to ensure compliance with applicable code(s) requirements for such conveyances as adopted or determined by the Department.

(5) When any tests on elevators or other conveyances are performed pursuant to this section and such tests are required to be witnessed by a licensed Elevator Inspector in accordance with this section or applicable industry codes or standards incorporated herein, this shall mean that the inspector shall be physically present during the tests to witness such tests to ensure they are properly administered and to verify test results.

(6) Subsequent to inspection, the licensed Elevator Inspector shall supply the property owner and the Department with a written inspection report verifying code compliance or describing any code violations found. It shall be the responsibility of the Department to verify compliance with the requirements of this chapter and applicable code(s) requirements, as adopted or required by the Department.

Section 7. Elevator Contractor License

(a) License Required. A person, sole proprietor, partnership, corporation or other entity shall not perform, contract to perform or advertise to perform work covered by this chapter unless they possess an Elevator Contractor License issued pursuant to this section. A licensed Elevator Contractor shall employ at least one Elevator Mechanic licensed under this chapter.

(b) Application Requirements. An Elevator Contractor License may be obtained by submitting an application with required documentation to the Department, paying an application fee as determined by the Department and meeting the requirements of this section.

(c) Content of Application. The form and content of the Elevator Contractor License application shall be determined by the Department, in consultation with the Board, but, at a minimum, shall require the applicant to provide the following information:

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

(2) If a partnership, the name, residence and business address of each partner; (3) 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;

Attachment 1 Page 9 of 16

 

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(4) The number of years the applicant has engaged in the business of installing, inspecting

and/or maintaining or servicing elevators and other equipment or devices subject to this chapter;

(5) Satisfactory evidence that the applicant is or will be covered by general liability insurance, workers compensation insurance, personal injury insurance and property damage insurance as required by the Department, in consultation with the Board;

(i) Such evidence shall consist of a certified copy of an insurance policy issued by an insurance company authorized to do business in the state, which provides general liability coverage of at least one million dollars ($1,000,000) for injury or death of any number of persons in any one occurrence, at least five hundred thousand dollars ($500,000) for property damage in any one occurrence, and sufficient workers compensation insurance coverage to meet applicable state law requirements;

(ii) The applicant shall be required to maintain applicable insurance coverage as a condition of obtaining a license issued under this section; in the event of any material alteration or cancellation of any policy, at least ten days notice thereof shall be given to the Department.

(6) Disclosure of contractor licenses currently or previously held in this or any other state or

local jurisdiction and information regarding any disciplinary actions taken against the applicant, including, but not limited to, fines, license suspensions or license revocations;

(7) Verification that the applicant, for the past 3 years:

(i) Has not had any business, professional or trade license, certification or any other type of government-issued authorization or approval associated with its contracting business suspended or revoked;

(ii) Has not been debarred by any government Department to which it has provided contracting services;

(iii) Has not been required to pay any fine or penalty of more than five thousand dollars ($5,000) for violations of any laws associated with its contracting business.

(8) Disclosure of the applicant’s safety record, including safety violations, accidents or incidents in the past 5 years; and

(9) Such other information as the Department, in consultation with the Board, may require.

Section 8. Elevator Mechanic License

(a) License Required. No person shall perform work covered by this chapter unless he or she

possesses an Elevator Mechanic License or Elevator Apprentice Permit or is working as a Temporary or Emergency Elevator Mechanic authorized under Section 9 of this chapter and is employed by a licensed Elevator Contractor.

Attachment 1 Page 10 of 16

 

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(b) Application Requirements. A person may obtain an Elevator Mechanic License by

submitting an application to the Department with required documentation, including a copy of government-issued photo identification, paying an application fee, as determined by the Department, and meeting the requirements of this section.

(c) Content of Application. The form and content of the Elevator Mechanic License application shall be determined by the Department, but, at a minimum, shall require the applicant to provide documentation showing the applicant has: (1) Successfully completed an Apprenticeship Training Program for Elevator Mechanics

and has passed the final examination required by such program;

(2) Performed at least 8,000 hours of acceptable work experience in construction, installation, maintenance, service or repair of elevators or other conveyances subject to this chapter, as verified by current and prior employers, and has passed a nationally recognized Elevator Mechanic’s examination, such as that administered by the National Elevator Industry Education Program or its equivalent, as approved by the Board; or

(3) An applicant who possesses an Elevator Mechanic’s License from another state that has substantially similar qualifications standards as established in this chapter may obtain a license without examination upon paying the required fee and submitting any relevant supporting information as required by the Department, in consultant with the Board, provided the licensing law of the applicant’s home state has similar reciprocity provisions.

(d) License Without Examination. Within one year of the effective date of this chapter, an

applicant may obtain an Elevator Mechanic License by paying the required fee and submitting an application with documentation demonstrating the applicant has worked as an elevator mechanic without supervision for at least 8,000 hours within 6 years prior to the application.

(e) Elevator Mechanic Identification Cards. (1) Elevator Mechanic Licenses shall be issued by the Department in the form of a licensing

card that provides the name, address, license number and photo identification of the license holder.

(f) Any person issued an Elevator Mechanic’s License photo identification card shall

maintain such card in his or her possession at all times when performing work subject to this chapter.

(g) Continuing Education Requirements. Renewal of an Elevator Mechanic License shall be conditioned upon completion of a continuing education course and submission of proof of same to the Department prior to each renewal.

(1) Continuing education courses shall be approved by the Board; and

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(2) Continuing education shall consist of not less than eight hours of instruction that shall be completed within one year immediately preceding any such license renewal.

Section 9. Mechanic License Exceptions

(a) Exception Requirements. An Elevator Contractor may employ and utilize unlicensed

persons to perform work on elevators and other conveyances subject to this chapter as Temporary or Emergency Elevator Mechanics, provided it complies with this section. (1) Conditions for Temporary Elevator Mechanics. In the event an Elevator Contractor

encounters a verifiable shortage of licensed mechanics, it may reclassify an Elevator Apprentice as an Elevator Mechanic on a temporary basis, not to exceed 30 days, unless renewed, provided the Elevator Apprentice possesses a current Apprentice Permit in accordance with the requirements of this chapter, has a minimum of 3,000 hours of elevator industry experience, and the contractor has submitted required Notification pursuant to this section.

(2) Conditions for Emergency Elevator Mechanics. Whenever an emergency exists in

the state due to a disaster or an act of God and the number of persons in the state holding licenses is insufficient to cope with the emergency, an Elevator Contractor may use persons who are not licensed to perform work subject to this chapter on an emergency basis, not to exceed 30 days unless renewed, provided it has submitted required Notification pursuant to this section.

(3) Emergency Elevator Mechanic Qualifications. For any Emergency Elevator

Mechanic it employs, the Elevator Contractor shall certify, in the Notification required by this section, that the person has at least one of the following qualification:

(i) The person is currently enrolled in an Apprenticeship Training Program for

Elevator Mechanics;

(ii) The person possesses a valid Elevator Mechanic License from another state that has qualification standards substantially equal to those of this chapter; or

(iii) The person has 5 years full-time experience in the elevator trade, as demonstrated

by a sworn affidavit from the person and documentation of his or her employment experience.

(b) Notification for Use of Temporary or Emergency Elevator Mechanics

(1) An Elevator Contractor employing Temporary or Emergency Elevator Mechanics

pursuant to this subsection shall file a Notification for Using Temporary or Emergency Elevator Mechanic with the Department.

(2) This Notification shall be provided on a form provided by the Department and be filed within 5 business days from the date the person commences work.

(3) The Notification shall state the grounds for using Temporary or Emergency Elevator Mechanics, provide the name and address of persons employed as Temporary or

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Emergency Elevator Mechanics, and certify that such persons meet the requirements of this section.

(4) The Department shall maintain a list of Temporary or Emergency Elevator Mechanics authorized under this section, which shall be updated every 30 days and made immediately available for public inspection.

(c) Duration of Temporary and Emergency Notifications. The Notification required by this

section shall authorize the person or persons identified therein to perform licensed work for a period of time not to exceed 30 days, or the duration of the skill shortage or emergency, whichever is less, and shall permit the person to work only for the Elevator Contractor that submitted the Notification. If warranted by the skill shortage or emergency conditions, Temporary or Emergency authorizations may be extended through re-submission of the Notification required by the section.

Section 10. Elevator Apprentice Permit

(a) Application Requirements. A person may obtain an Elevator Apprentice Permit by submitting

an application to the Department with required documentation, including a copy of government-issued photo identification, paying an application fee, as determined by the Department, and meeting the requirements of this section.

(b) Content of Apprentice Permit Application. The form and content of the Elevator Apprentice

Permit application shall be determined by the Department but, at a minimum, shall require the applicant to provide documentation showing he or she is currently enrolled in an Apprenticeship Training Program for Elevator Mechanics.

(c) Conditions for Elevator Apprentice Permits. An Elevator Contractor may employ an Elevator Apprentice pursuant to this subsection provided the Apprentice has obtained a valid permit issued pursuant to this section and is supervised by a licensed Elevator Mechanic.

(d) Duration of Elevator Apprentice Permit. An Elevator Apprentice Permit shall be valid for as long as the person holding it remains enrolled in an Apprenticeship Training Program for Elevator Mechanics. To continue working in the elevator industry, a person who graduates from such a program shall apply for an Elevator Mechanic’s License within 60 days from completing the program. Such an applicant shall not be in violation of this chapter if he or she submits an application for a Elevator Mechanic License in compliance with this chapter.

(e) Elevator Apprentice Identification Cards. (1) Elevator Apprentice Permits shall be issued by the Department in the form of a permit card

that provides the name, address, permit number and photo identification of the permit holder.

(2) Any person issued an Elevator Apprentice Permit photo identification card shall maintain such card in his or her possession at all times when performing work subject to this chapter.

Section 11. Elevator Inspector License

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(a) License Required. No person shall inspect any conveyance, equipment or other device covered

by this chapter unless he or she possesses a duly authorized Elevator Inspector License issued in accordance with the requirements of this chapter.

(b) Application Requirements. A person may obtain an Elevator Inspector License by submitting

an application with required documentation to the Department, paying an application fee, as determined by the Department, and meeting the requirements of this section.

(c) Content of Application. The form and content of the Elevator Inspector License application shall be determined by the Department but, at a minimum, the applicant shall: (1) Submit certification documents showing he or she has been approved as a certified elevator

inspector or certified elevator inspector supervisor in accordance with the ASME QEI-1, Standard for the Qualifications for Elevator Inspectors; and

(2) Provide satisfactory evidence that the applicant is or will be covered by general liability insurance, workers compensation insurance, personal injury insurance and property damage insurance as required by the Department.

(i) Such evidence shall consist of a certified copy of an insurance policy issued by an insurance company authorized to do business in the state, which provides general liability coverage of at least one million dollars ($1,000,000) for injury or death of any number of persons in any one occurrence, at least five hundred thousand dollars ($500,000) for property damage in any one occurrence and sufficient workers compensation insurance coverage to meet applicable state law requirements;

(ii) The applicant shall be required to maintain applicable insurance coverage as a

condition of a license issued under this section; in the event of any material alteration or cancellation of any policy, at least ten days notice thereof shall be given to the Department.

Section 12. Administration; Enforcement

(a) Authority. Pursuant to its administration of this chapter, the Department, in consultation with the Board and the Attorney General, shall develop a program of enforcement for the provisions of this chapter, including administrative regulations necessary for its implementation. This program shall establish procedures required for monitoring compliance with the requirements of this chapter, receiving and investigating complaints for alleged violations of the law and other actions necessary for the administration of this chapter.

(b) Grounds for Action. This chapter shall be subject to enforcement actions by the Department for any conduct not in compliance with the requirements of this chapter, including, but not limited to the following violations:

(1) Making a false statement, omission or misrepresentation as to any material facts in a license application or in any other document required under this chapter;

Attachment 1 Page 14 of 16

 

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(2) Engaging in fraud, bribery or any other unlawful act in securing or using a permit, certificate

or license required under this chapter;

(3) Engaging in work on elevators or other conveyances without the required licenses or permits required by this chapter;

(4) Hiring a person that does not hold the proper licenses or permits required under this chapter to perform work on an elevator or other conveyances covered by this chapter;

(5) Operating elevators or other conveyances without a required permit or certificate or in any other manner that is not in compliance with the requirements of this chapter;

(6) Failing to provide a safety report as required by this chapter; and

(7) Violating any regulation developed by the Department under this chapter.

(c) Stop Work Orders. In any case where the Department determines that work on elevators,

escalators or other conveyances subject to this chapter is being performed by unlicensed contractors or workers, the Department shall issue or cause to be issued a stop work order requiring that all such work cease and require that such work shall not be resumed until a full investigation has been undertaken and verification has been made that all work subject to this chapter is being performed by licensed Elevator Contractors and licensed Elevator Mechanics.

(1) Unlicensed Contractors. In addition to any other penalties that are imposed under this section, any person, corporation or other business entity performing work subject to this chapter without the required Elevator Contractor License shall, after appropriate notice and hearing, be barred from applying for such license for three years;

(2) Unlicensed Work. In addition to any other penalties imposed under this section, the Department shall revoke the license of a licensed Elevator Contractor which employs or contracts with any person, corporation or other business entity, to perform work without required licenses or permits. The Department shall issue a stop work order in these circumstances, and after providing appropriate notice and hearing, shall revoke the Elevator Contractor’s license for a period of up to three years.

(d) Complaints. Any person may make a complaint or request for an investigation into an alleged

violation of this chapter by giving notice to the Department. Such notice shall be in writing and shall set forth with reasonable particularity the grounds for the alleged violation.

(e) Investigation. If, upon receipt of notification received pursuant to subsection 12(d), the Department determines reasonable grounds exist for finding a violation of this chapter, it shall commence an investigation as soon as practicable to determine if such violation has occurred. The Department may also conduct an investigation of possible violations of this chapter or any danger presented by a conveyance regulated by this chapter on its own initiation.

(f) Retaliatory Action Prohibited.

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(1) Retaliatory Acts. No employer shall discharge, demote, suspend, threaten, harass or in any other manner discriminate against an employee in the terms and condition of employment because of lawful acts done by the employee in connection with enforcement or attempted enforcement of the requirements of this chapter.

(2) Enforcement Actions. A person who suffers retaliatory conduct as defined in this subsection may institute a civil action in a court of competent jurisdiction. If the court determines the person suffered retaliatory action as defined in this subsection, the person shall be entitled to all relief necessary to make the employee whole. Such relief shall include reinstatement with the same seniority status such employee would have had but for the discrimination, two times the amount of back pay, interest on the back pay and compensation for any special damages sustained as a result of the discrimination, including litigation costs and reasonable attorneys’ fees.

(3) Enforcement Sanctions. Pursuant to its authority under this section, the Department may,

after providing the required notice and hearing to the persons or entities involved, take one or more of the following enforcement actions:

(i) Temporarily suspend a license or permit granted under this chapter;

(ii) Permanently revoke a license or permit granted under this chapter;

(iii) Impose an administrative fine of $5,000 for each verified violation, which may be assessed for each day such violation exists; and

(iv) Take any other enforcement action described in regulations promulgated under this chapter as determined to be necessary.

(4) State Law, Code or Regulation. Whenever a provision in this chapter is found to be in

conflict with any other provision of state law, this chapter shall prevail.

Section 13. Effective Date This act shall be in full force and effect on and after __________ ___, ______. Administrative regulations required for the implementation of this chapter shall be completed prior to this date.

Section 14. Severability If any provision of this Act or the application thereof to any person or circumstance is held invalid for any reason in a court of competent jurisdiction, the invalidity does not affect other provisions or any other application of this Act which can be given effect without the invalid provision or application, and for this purpose the provisions of this Act are declared severable.

Attachment 1 Page 16 of 16

Model Elevator Safety Law: Summary

Prepared by EIWPF January 2016

A. Overview: The Model Elevator Safety Law, which is based on best practices research of relevant statutes

and policy, is a comprehensive bill that governs elevator industry requirements for:

1. Elevators, escalators and related conveyances; 2. Elevator Contractors; 3. Elevator Inspectors; and 4. Elevator Mechanics and Apprentices.

B. Purpose (Section 2): The bill promotes safety in the elevator industry by ensuring that the contractors and

all technical personnel who construct, install, repair, inspect and service elevators, escalators and other lifting devices (“conveyances”) meet minimum safety and technical qualification standards.

C. Definitions (Section 3): The definitions section ensures virtually all aspects of the industry and all work on

elevators and other conveyances are covered; it also addresses applicable industry codes and standards incorporated into the bill, as well as apprenticeship training requirements needed to establish appropriate skill standards.

D. General Requirements (Section 4):

1. Scope: Section 4 (together with key definitions in Section 3) establishes that the bill covers the

operation of elevators and all other conveyances and all work performed on such equipment, including installation, repair, service and inspection work.

2. Licenses: Elevator Contractors, Elevator Mechanics and Elevator Inspectors performing work in the industry must be licensed per qualification standards established in the bill; Elevator Apprentices must obtain permits.

3. Transparency: The bill makes it explicitly clear that all licensing records (e.g., applications, supporting documents, licenses) and that lists of licensed persons/entities must be maintained on a public website.

4. Industry Code/Code Revisions: The application of specific industry codes and standards, including updates and revisions, are determined by the Department (i.e., agency responsible for administration of law) with the assistance of the Elevator Safety Board and Attorney General; codes and standards are incorporated into law by reference through administrative regulations.

E. Elevator Safety Board (Section 5): 1. An Elevator Safety Board, consisting of nine members appointed by the governor, is established with

representatives of each of the following groups: (a) The Department; (b) Elevator Manufacturing Company; (c) Elevator Servicing Company; (d) Architectural Design or Elevator Consulting Profession; (e) Elevator Inspector; (f) A Labor Organization (specializing in elevator trade); (g) Building Owner or Manager; (h) A Municipality in the State; and (i) The General Public.

Attachment 2 Page 1 of 3

2

2. The Board is empowered to: (a) set licensing fees; (b) develop administrative regulations; (c) authorize

exceptions and variances; and (d) hold hearings and hear appeals on matters arising under the law, including suspension or revocation of licenses.

F. Elevator Equipment (Section 6): To enhance elevator equipment safety, the bill requires: (a) equipment

registration; (b) work permits; and (c) equipment tests and inspections of elevators and other conveyances.

1. Equipment Registration: The owner of every existing elevator or other conveyance must register all units with the Department and provide specified information regarding the unit’s type, rate load, intended use, etc.

2. Equipment Permits: Before commencing work on elevators or other conveyances, a licensed Elevator Contractor must obtain and display an operating permit for the job. a. To qualify for a permit: (1) it must be guaranteed that licensed persons will complete all covered

work; (2) the permit application must be accompanied by accurate plans and specifications; and (3) permit fees must be paid.

b. Permits may be revoked for good cause, including in circumstances where work is performed in violation of permit requirements.

3. Certificate of Operation: Following the installation of elevator equipment, an Elevator Contractor

must certify compliance with applicable laws, codes and standards, and the owner must obtain a one-year certificate of operation from the Department.

4. Required Safety Reports: The owner of an elevator or other conveyance is required to submit a Safety Report within 48 hours of any incident involving an injury or death, or when a conveyance is taken out of service for more than seven days.

5. Equipment Inspection & Testing: All existing and new equipment must be inspected and tested for code compliance under specified procedures; work required for inspections and tests shall be performed by a licensed Elevator Mechanic and witnessed by a licensed Elevator Inspector who shall be physically present for inspections and tests.

G. Licensing/Permit Requirements: All Elevator Contractors, Mechanics and Inspectors must be licensed to perform any work on elevators/ other conveyances; apprentices must obtain permits. Exceptions are provided for work performed on a temporary or emergency basis. Licenses require fees, which are determined by the Department, and are valid for a period of two years.

1. Elevator Contractor License (Section 7): To obtain an Elevator Contractor License, the applicant must

employ at least one licensed Elevator Mechanic and provide certain background and performance information regarding its contracting business.

2. Elevator Mechanic License (Section 8): To obtain an Elevator Mechanic License, a person must submit an application with specified information showing he or she meets applicable qualification standards:

a. At a minimum, an applicant must show that he or she has: (1) successfully completed an approved

elevator mechanic program and exam; or (2) performed at least 8,000 hours of acceptable work experience and passed an elevator mechanic exam.

Attachment 2 Page 2 of 3

3

b. An applicant may also obtain a license through: (1) a limited grandfathering clause within one year of the effective date of the bill by providing specified information; or (2) reciprocity for a person that possesses an Elevator Mechanic License from another state.

c. Elevator Mechanic licenses include a photo identification card to be carried at all times during work; mechanics must also meet specific continuing education requirements.

3. Mechanic License Exceptions (Section 9): In situations involving skill shortages or emergency

conditions, contractors may utilize Temporary and Emergency Elevator Mechanics who are not licensed, provided such persons meet certain qualification standards and the contractor provides required notification to the Department.

a. To address skill shortages, currently registered apprentices employed by a Licensed Contractor may

be used as mechanics.

b. In emergency situations, Licensed Contractors may employ registered apprentices or unlicensed mechanics; the latter must meet stipulated experience and qualification standards (e.g., five years experience in the trade).

4. Elevator Apprentice Permit (Section 10): Elevator contractors may employ Elevator Mechanic

Apprentices, provided such persons: (a) are currently enrolled in an Apprenticeship Training Program; b2) employed in accordance with the requirements and standards of that program; (c) work under the supervision of at least one licensed Elevator Mechanic; and (d) obtain apprentice permits from the Department (which remain valid for duration of the apprenticeship program).

5. Elevator Inspector License (Section 11): A person may obtain an Elevator Inspector License by providing: (a) evidence of insurance; and (b) proof that he or she has been approved as a certified elevator inspector or certified elevator inspector supervisor in accordance with the ASME QEI-1, Standard for the Qualifications for Elevator Inspectors.

H. Administration; Enforcement (Section 12): The administering agency must develop an enforcement

program to investigate any complaints and conduct enforcement actions.

1. Enforcement Program: The Department shall administer the requirements of the law and, in consultation with the Elevator Safety Board and the Attorney General, develop a program to ensure proper enforcement of the law.

2. Stop Work Orders: To address an unsafe conditions or prevent work being done in violations of the law, stop work orders may be issued by the Department, requiring all work activity to cease until conditions are investigated and corrected.

3. Sanctions/Penalties: Where conduct is found in violation of the law, sanctions include: a. Temporary suspension or permanent revocation (3 years) of a license or permit; and

b. Administrative fines of $5,000 for each violation assessed each day the violation exists.

Attachment 2 Page 3 of 3

National Elevator Industry, Inc.2016 GAC Services Budget Report (1)

C:\Users\User\AppData\Local\Microsoft\Windows\Temporary Internet Files\Content.Outlook\WLPORZR4\2016 NEII GAC Budget.xlsxPage 1 PRINTED 11:29 AM 3/25/2016

BILL DATE ISSUE & FIRM FIXED PRICE CONTRACT

CONTRACT PAYMENT

BALANCE OF CONTRACT

OTHER PAYMENTS

TOTAL PAID REPORTABLE LOBBYING %

REPORTABLE LOBBYING EXPENSES

MONITORINGLegislative & Regulatory MonitoringStateside Associates $126,000.00

29-Jan-16 Jan Services $10,500.00 0% $0.0029-Feb-16 Feb Services $10,500.00 $105,000.00 0% $0.00

Elevator Safety Board DirectoryStateside Associates $8,000.00 $8,000.00

TOTAL MONITORING $134,000.00 $21,000.00 $113,000.00 $0.00 $21,000.00

STATE ELEVATOR LAW COMPARISON DATABASEStateside Associates $10,000.00 $10,000.00

TOTAL MEL DATABASE $10,000.00 $0.00 $10,000.00 $0.00 $0.00

LOBBYING

CaliforniaCalifornia Strategies & Advocacy, LLC $30,000.00

31-Jan-16 Jan Services $5,000.00 20% $1,000.0029-Feb-16 Feb Services $5,000.00 $20,000.00 20% $1,000.00

IllinoisLawrence J. Suffredin, Jr. $18,000.00

31-Jan-16 Jan Services $3,000.00 20% $600.0029-Feb-16 Feb Services $3,000.00 $12,000.00 20% $600.00

Massachusetts Ferriter Scobbo & Rodophele PC 2 $28,500.00 Special Project Fee $2,250.00

1-Feb-16 Jan Services $3,500.00 0% $0.007-Mar-16 Feb Services $4,379.24 $22,870.76 50% $2,189.62

MichiganKaroub Associates $15,000.00

1-Feb-16 Jan Services $2,500.00 50% $1,250.003-Mar-16 Feb Services $2,500.00 $10,000.00 50% $1,250.00

MissouriArmstrong Teasdale, LLP $12,000.00

5-Feb-16 Jan Services $2,000.00 $10,000.00 50% $1,000.00

NevadaDickinson Wright PLLC $21,000.00

8-Feb-16 Jan Services $3,500.00 20% $700.008-Mar-16 Feb Services $3,500.00 $14,000.00 30% $1,050.00

New York CityConnelly McLaughlin & Woloz $60,000.00

1-Feb-16 Jan Services $5,000.00 0% $0.001-Mar-16 Feb Services $5,000.00 $50,000.00 0% $0.00

WashingtonMcBride Public Affairs LLC $21,000.00

31-Jan-16 Jan Services $3,500.00 75% $2,625.00 Round trip travel private car Olympia to/from Tukwila $56.16 0% $0.00 Photocopies $12.91 0% $0.00

1-Mar-16 Feb Services $3,500.00 $14,000.00 75% $2,625.00

US NavySpectrum Consulting LLC $38,400.00

8-Feb-16 Jan Services $9,600.00 0% $0.002-Mar-16 Feb Services $9,600.00 $19,200.00 0% $0.00

TOTAL LOBBYING $246,150.00 $74,079.24 $172,070.76 $69.07 $74,148.31

MISC.

AJB Strategies5-Feb-16 NY Lobbying Registration Fees $50.00 100% $50.00

NCSL Legislative Database Fee $849.00 0% $0.00

CalChamber1-Mar-15 Membership $12,000.00 25% $3,000.00

Davis L. Turner & Associates, LLC 3 $1,650.0027-Feb-16 NCEIG Meeting for DOSH Presentation

Attachment 3 Page 1 of 2

National Elevator Industry, Inc.2016 GAC Services Budget Report (1)

C:\Users\User\AppData\Local\Microsoft\Windows\Temporary Internet Files\Content.Outlook\WLPORZR4\2016 NEII GAC Budget.xlsxPage 2 PRINTED 11:29 AM 3/25/2016

BILL DATE ISSUE & FIRM FIXED PRICE CONTRACT

CONTRACT PAYMENT

BALANCE OF CONTRACT

OTHER PAYMENTS

TOTAL PAID REPORTABLE LOBBYING %

REPORTABLE LOBBYING EXPENSES

Travel Expenses $598.94 0% $0.0027-Feb-16 MCE Freedom Series Analysis $1,000.00 $650.00 0% $0.00

11-Nov-15 Andrew Chang & Company, LLC Consulting $28,200.00 $28,200.00 0% $0.00

TOTAL MISC. $29,850.00 $1,000.00 $28,850.00 $13,497.94 $14,497.94

$420,000.00 $96,079.24 $323,920.76 $13,567.01 $109,646.25

$18,939.62

NOTES: (1) NEII 2016 GAC Services Budget $550,000.(2) Contract Amended on 13-Feb-16(3) Multiple contracts for separate projects

TOTAL MONITORING, MEL DATABASE, LOBBYING, MISC.

TOTAL REPORTABLE FEDERAL LOBBYING DISCOSURE ACT

Attachment 3 Page 2 of 2