H. B. 4006
(By Delegate Manchin)
[Originating in the Committee on Government Organization]
(January 17, 2012)
A BILL to amend and reenact §21-3C-1, §21-3C-10a and §21-3C-11 of the Code of West Virginia, 1931, as amended, all relating to elevators; defining certain terms; requiring licensure; providing licensure requirements; providing renewal requirements; providing for temporary licensure in case of an emergency; providing reciprocity requirements; and providing continuing education requirements.
Be it enacted by the Legislature of West Virginia:
That §21-3C-1, §21-3C-10a and §21-3C-11 of the Code of West Virginia, 1931, as amended, be amended and reenacted to read as follows:
ARTICLE 3C. ELEVATOR SAFETY.
(1) “Accessibility equipment” means lifting devices designated to remove access barriers in public buildings and private residences for persons with physical challenges, including residential elevators, and limited use/limited application elevators, vertical platforms, inclined platform lifts and stairway chairlifts.
(2) “Certificate of acceptance” means a certificate issued by the Division of Labor certifying that a newly installed elevator has been inspected and was found to be 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 Stairway Chairlifts.”
(3) “Certificate of competency” means a certificate issued by the Division of Labor certifying that an individual is qualified to inspect elevators.
(4) “Certificate of operation” means a certificate issued by the Division of Labor certifying that an elevator has been inspected and is safe for operation.
(5) “Commissioner” means the Commissioner of the Division of Labor.
(6) “Division” means the Division of Labor.
(7) “Division inspector” means an employee or contractor of the division who has been examined and issued a certificate of competency and who only inspects elevators in state owned buildings.
(8) “Elevator” means all the machinery, construction, apparatus and equipment used in raising and lowering a car, cage or platform vertically between permanent rails or guides and includes all elevators, power dumbwaiters, escalators, gravity elevators and other lifting or lowering apparatus permanently installed between rails or guides, but does not include hand operated dumbwaiters, platform lifts for loading docks, manlifts of the platform type with a platform area not exceeding nine hundred square inches, construction hoists or other similar temporary lifting or lowering apparatus.
(9) “Elevator apprentice” means a person who meets the requirements set forth in legislative rule promulgated pursuant to this article.
(10) “Elevator mechanic” means a person who possesses an elevator mechanic's license in accordance with the provisions of this article and who is engaged in the business of erecting, constructing, installing, altering, servicing, repairing or maintaining elevators or related conveyances covered by this article.
(11) “Freight elevator” means an elevator used for carrying freight and on which only the operator, by the permission of the employer, is allowed to ride.
(12) “Inspector” means both a division inspector and a private inspector.
(13) “License” means a license issued to an elevator mechanic pursuant to this article.
(14) “ Private residence elevator” means a passenger elevator of which use is limited by size, capacity, rise and speed, and access is limited by its location, by the requirement of a key for its operation or by other restriction.
(15) “Passenger elevator” means an elevator that is designed to carry persons to its contract capacity.
(16) “Limited Use/Limited Application elevator” means a power elevator in which the use and application is limited by size, capacity, speed, and rise.
(17) “Private inspector” means a person who has been examined and issued a certificate of competency to inspect elevators within this state.
§21-3C-10a. License requirements for elevator mechanics, accessibility technicians, limited technicians; contractor’s license requirements; supervision of elevator apprentice’s requirements.
(a) A person may not engage or offer to engage in the business of erecting, constructing, installing, altering, servicing, repairing or maintaining elevators or related conveyances covered by this article in this state, unless he or she has a license issued by the commissioner of Labor in accordance with this article.
(b) A person licensed under this article must:
(1) Have in his or her possession a copy of the license issued pursuant to this article on any job on which he or she is performing elevator mechanic work; and
(2) Be, or be employed by, a contractor licensed pursuant to the provisions of article eleven, chapter twenty-one of this code unless the work is performed by a historic resort hotel's regular employees, for which the employees are paid regular wages and not a contract price, on property owned or leased by the historic resort hotel which is not intended for speculative sale or lease;
(c) (1) To obtain an elevator mechanic’s license a person must shall:
(1) Complete a four-year apprenticeship program, registered by the United States Department of Labor, qualifying for a commercial license;
(A) Hold an active elevator mechanic license issued by a jurisdiction that has a licensing program that is at least equivalent to the elevator mechanic licensing program established under this article;
(B) (i) Successfully complete one of the following formal four year educational programs that is registered with the Bureau of Apprenticeship and Training of the United States Department of Labor, including all required examinations and work experience:
(I) The National Elevator Industry Educational Program; or
(II) The Certified Elevator Technician (CET) Educational Certification Program; or
(ii) If an applicant successfully completed a program as described in subparagraphs (I) and (II) prior to the program being registered with the Bureau of Apprenticeship and Training of the United States Department of Labor, the division may grant a license to an applicant after the applicant successfully proves to the division that he or she has successfully completed all the test and work experience requirements;
(C) (i) Provide an acceptable combination of documented experience and educational credits of not less than three years of recent and active experience in the elevator industry in construction, maintenance, or service/repair or any combination thereof, as verified by current and previous employers licensed to do business in this state, on a sworn affidavit; and
(ii) Obtain a score of 70% or better on a written competency examination approved or provided by the division.
(2) A licensed elevator mechanic may work on all elevators covered by this article.
(d) (1) To obtain an accessibility technician’s license a person shall:
(A) Provide a certificate of completion of an accessibility training program for the elevator industry such as the Certified Accessibility Training (CAT)program by the National Association of Elevator Contractors, or equivalent nationally recognized training program; or
(B) (i) Have at least eighteen months experience in the construction, maintenance, service and repair, or any combination thereof, as verified by current and previous employers, licensed to do business in this state, on a sworn affidavit, of accessibility lifts;
(ii) At least one year of documented vocational training and/or an associate degree in a related field; and
(iii) Obtain a score of 70% or better on a written competency examination approved or provided by the division.
(2) Complete a two-year apprenticeship program, registered by the United States Department of Labor, qualifying for an accessibility license.
(2) A person holding an accessibility license may only perform work on accessibility equipment.; or
(e) (1) An applicant for a limited use/limited application (LULA) elevator endorsement must satisfy all of the following:
(A) Hold a current accessibility technician license;
(B) Provide certificate of LULA manufacturer’s training; and
(C) Provide at least one year of documented work experience, on a sworn affidavit, in the construction, maintenance, service and repair of LULA elevators and comparable equipment, while under the supervision of a licensed accessibility technician; or
(2) Any person having at least eighteen months of accessibility technician’s experience, as of July 1, 2012, in construction, maintenance, service and repair, or any combination thereof, as verified by current and previous employers, licensed to do business in this state, on a sworn affidavit, shall receive an accessibility technician’s license to continue to work on this type of equipment: Provided, That an additional one year of documented work as an accessibility technician with certification of manufacturer's factory training, is required before a LULA endorsement may be obtained.
(3) Any person carrying an accessibility license as of July 1, 2012, shall receive the required endorsement to continue to work on this type of equipment, and will be qualified to supervise future applicants as described in this section.
(f) To obtain a limited technician’s license a person must:
(3)(1) (A) Complete a certified apprenticeship program, registered by the United States Department of Labor established at a historic resort hotel, qualifying for a limited technician license; or
(B) Provide an acceptable combination of documented experience, and educational credits: not less than three years of recent and active experience in the elevator industry, in maintenance, or service/repair or any combination thereof, as verified by current and previous employers authorized to do business in this state, on a sworn affidavit; and obtain a score of 70% or better on a written competency examination approved or provided by the division.
(2) A person holding a limited technician license may only perform work at a historic resort hotel.
(d)(3)For the purposes of section, “historic resort hotel” has the same meaning ascribed to it in section two, article twenty-five, chapter twenty-nine of this code.
(e)(g) An elevator apprentice who is enrolled in a four-year apprenticeship program approved by the commissioner, and who is in good standing in the program, may work under the supervision of a licensed elevator mechanic, as follows:
(f)(1) An apprentice who has not successfully completed the equivalent of at least one year of the program may work only under the direct supervision of a licensed elevator mechanic who is present on the premises and available to the apprentice at all times;
(2) An apprentice who has successfully completed the equivalent of at least one year of the program may:
(A) Work under the direct supervision of a licensed elevator mechanic as set forth in subdivision (1) of this subsection; and
(B) Perform the tasks set forth in this paragraph, only if delegated by and performed under the general supervision of a licensed elevator mechanic, who must, at a minimum, meet the apprentice on the job at the beginning of each day to delegate the specific tasks, and who remains responsible for the delegated tasks:
(i) Oiling, cleaning, greasing and painting;
(ii) Replacing of combplate teeth;
(iii) Reclamping Relamping and fixture maintenance;
(iv) Inspection, cleaning and lubricating of hoistway doors, car tops, bottoms and pits; and
(v) Observing operation of equipment.
§21-3C-11. Disposition of fees; legislative rules.
(a) The division shall propose rules for legislative approval in accordance with the provisions of article three, chapter twenty-nine-a of this code, for the implementation and enforcement of the provisions of this article, which shall provide:
(1) Standards, qualifications and procedures for submitting applications, taking examinations, and issuing and renewing licenses, certificates of competency and certificates of operation of the three licensure classifications set forth in section ten-a of this article;
(2) For the renewal of a license, even if the licensee is unemployed or not working in the industry: Provided, That, to engage or offer to engage in the business of erecting, constructing, installing, altering, servicing, repairing, or maintaining an elevator or related conveyance covered by this article the licensee shall be a contractor, or be employed by a contractor licensed pursuant to the provisions of section ten-a, article eleven, chapter twenty-one of the code;
(2)(3) Qualifications and supervision requirements for elevator apprentices; and
(3) (4) Provisions for the granting of licenses without examination, to applicants who present satisfactory evidence of having the expertise required to perform work as defined in this article and who apply for licensure on or before July 1, 2010: Provided, That if a license issued under the authority of this subsection subsequently lapses, the applicant may, at the discretion of the commissioner, be subject to all licensure requirements, including the examination.
(b) Issuance and renewal of licenses fees.
(1) Upon approval of an application, the division may issue a license, which shall be renewable biennially. The fee for the license and for renewal shall be set by the commissioner.
(2) The commission shall renew a person’s license, even if unemployed or not working in the industry: Provided, however, That to engage or offer to engage in the business of erecting, constructing, installing, altering, servicing, repairing, or maintaining elevator or related conveyance covered by this article in this state must be, or be employed by a contractor licensed pursuant to the provisions of article eleven, chapter twenty-one of the code.
(3) Whenever an emergency exists in the state due to disaster, act of God or work stoppage and the number of persons in the state holding licenses granted by the division is insufficient to cope with the emergency, elevator contractors shall respond as necessary to assure the safety of the public. Any person certified by a licensed elevator contractor to have an acceptable combination of documented experience and education to perform elevator work without direct and immediate supervision shall seek an emergency elevator mechanic license from the commissioner within five business days after commencing work requiring a license. The commissioner shall issue emergency elevator mechanic licenses. The elevator contractor shall furnish proof of competency as the commissioner may require. Each license shall state that it is valid for a period of forty-five days from the date thereof and for such particular elevators or geographical areas as the commissioner may designate and otherwise shall entitle the licensee to the rights and privileges of an elevator mechanic license issued in this chapter. The commissioner shall renew an emergency elevator mechanic license during the existence of an emergency. No fee shall be charged for any emergency elevator mechanic license or renewal thereof.
(3) An elevator contractor shall notify the commissioner when there are no licensed personnel available to perform elevator work. The elevator contractor may request that the Commissioner of Labor issue temporary elevator mechanic licenses to persons certified by the licensed elevator contractor to have an acceptable combination of documented experience and education to perform elevator work without direct and immediate supervision. Any person certified by an elevator contractor to have an acceptable combination of documented experience and education to perform elevator work without direct and immediate supervision shall immediately seek a temporary elevator mechanic license from the commissioner and shall pay such fee, as the commissioner shall determine. Each license shall state that it is valid for the term specified pursuant to this section and while employed by the licensed elevator contractor that certified the individual as qualified. A temporary license may be renewed as long as the shortage of license holders continues.
(4) Excluding subdivisions two and three, subsection (b) of this section, the renewal of all licenses granted under the provisions of this section shall be conditioned upon the submission of a certificate of completion of a course designed to ensure the continuing education of licensees on new and existing provisions of the regulations of the division. The course shall consist of not less than eight hours of instruction that shall be attended and completed within one year immediately preceding any such license renewal.
(5) The continuing education courses shall be taught by instructors through continuing education providers that may include, but shall not be limited to, association seminars, and labor training programs. The commissioner shall approve the continuing education providers. All instructors shall be approved by the commissioner and exempt from the requirements of the preceding paragraph with regard to their application for license renewal provided that such applicant was qualified as an instructor at any time during the one year immediately preceding the scheduled date for such renewal.
(6) A licensee who is unable to complete the continuing education course required under this section prior to the expiration of their license due to a temporary disability may apply for a waiver from the commissioner. This will be on a form provided by the commissioner which shall be signed under the pains and penalties of perjury and accompanied by a certified statement from a competent physician attesting to such temporary disability. Upon the termination of such temporary disability, such licensee shall submit to said board a certified statement from the same physician, if practicable, attesting to the termination of such temporary disability. At which time a waiver sticker, valid for 90 days, shall be Issued to such licensee and affixed to his license.
(7) Approved training providers shall keep uniform records, for a period of ten years, of attendance of licensees following a format approved by the commissioner and such records shall be available for inspection by the commissioner at his or her request. Approved training providers shall be responsible for the security of all attendance records and certificates of completion: Provided, That falsifying or knowingly allowing another to falsity such attendance records or certificates of completion shall constitute grounds for suspension or revocation of the approval required under this section.
(8) A license shall be issued to an individual holding a valid license from a state having standards substantially equivalent to those of this article, upon application and without examination as outlined in section ten-a of this article;
(8) (9) Procedures for investigating complaints and revoking or suspending licenses, certificates of competency and certificates of operation, including appeal procedures;
(9) (10) Fees for testing, issuance and renewal of licenses, certificates of competency and certificates of operation, and other costs necessary to administer the provisions of this article;
(10) (11) Enforcement procedures; and
(11) (12) Any other rules necessary to effectuate the purposes of this article.
(b) (c) The rules proposed for promulgation pursuant to section eleven 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 certificates of operation exceed $50.
(c) (d) 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 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 Legislature.
(d) (e) 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.
(e) (f) The commissioner and his or her deputy commissioner or any compliance officer of the division as authorized by the commissioner may consult with engineering authorities and organizations concerned with standard safety codes, rules and regulations governing the operation, maintenance, servicing, construction, alteration, installation and the qualifications which are adequate, reasonable and necessary for the elevator mechanic and inspector.