COMMITTEE SUBSTITUTE FOR
H. B. 3068
(By Mr. Speaker, Mr. Kiss, and Delegates Amores,
DeLong, Varner, Pethtel, Cann and Pino)
[Passed April 9, 2005; in effect ninety days from passage]
AN ACT to amend and reenact §21-3C-5 and §21-3C-11 of the Code of
West Virginia, 1931, as amended, all relating to elevator
inspections; authorizing private inspectors to conduct annual
inspections of elevators; authorizing the Division of Labor to
perform compliance inspections; and increasing fees for
Be it enacted by the Legislature of West Virginia:
That §21-3C-5 and §21-3C-11 of the Code of West Virginia,
1931, as amended, all be amended and reenacted to read as follows:
ARTICLE 3C. ELEVATOR SAFETY.
§21-3C-5. Powers and duties of counties and municipalities; annual
inspections required; acceptance inspection.
(a) A county or municipality may hire a private inspector or
contract with any person who possesses a West Virginia elevator
inspector's certificate of competency issued by the Division.
(b) The county or municipality shall ensure that every
elevator which has been in use for five years or more is inspected
annually. A private inspector may inspect any elevator in the
state. A division inspector may inspect any elevator in the state
for the purpose of monitoring whether private inspectors are in
compliance with the provisions of this article.
(c)(1) The county or municipality shall ensure that each newly
installed elevator within its jurisdiction is inspected and issued
a certificate of acceptance by the Division prior to being placed
(2) A certificate of acceptance shall only be issued if the
elevator was installed in compliance with the safety standards set
forth in the American Society of Mechanical Engineers Safety Code
for Elevators and Escalators (ASME) A17.1-3, "Safety Code for
Elevators" and ASME A18.1, "Safety Code for Platform Lifts and
(3) The acceptance inspection shall be subject to the same
procedures and requirements as any other elevator inspection.
§21-3C-11. Disposition of fees; legislative rules.
(a) The Division shall propose for promulgation legislative
rules pursuant to article three, chapter twenty-nine-a of this code
in order to implement the provisions of this article.
(b) The rules proposed for promulgation pursuant to subsection
(a) of this section shall establish the amount of any fee authorized pursuant to the provisions of this article: Provided,
That in no event may the fees established for the issuance of
permits exceed fifty dollars.
(c) All fees collected pursuant to the provisions of this
article shall be deposited in an appropriated special revenue
account hereby created in the State Treasury known as the "Elevator
Safety Fund" and expended for the the implementation and
enforcement of this article: Provided,
That amounts collected which
are found from time to time to exceed funds needed for the purposes
set forth in this article may be transferred to other accounts or
funds and redesignated for other purposes by appropriation of the
(d) The Division may enter into agreements with counties and
municipalities whereby such counties and municipalities be
permitted to retain the inspection fees collected to support the
enforcement activities at the local level.