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House Bill 3066 History
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ENROLLED
H. B. 3066
(By Delegates Morgan, Stephens, Martin, Talbott,
Butcher, Argento and D. Poling)
[Passed April 7, 2009; in effect ninety days from passage.]
AN ACT to amend and reenact §21-3C-10a of the Code of West
Virginia, 1931, as amended, relating to elevator safety; and
clarifying the supervision requirements for elevator
apprentices.
Be it enacted by the Legislature of West Virginia:
That §21-3C-10a of the Code of West Virginia, 1931, as
amended, be amended and reenacted to read as follows:
ARTICLE 3C. ELEVATOR SAFETY.
§21-3C-10a. License requirements for elevator mechanics;
contractors license required; supervision of
elevator apprentices required.
(a) On and after January 1, 2010, 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 the provisions of 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.
(c) 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:
(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 and fixture maintenance;
(iv) Inspection, cleaning and lubricating of hoistway doors,
car tops, bottoms and pits; and
(v) Observing operation of equipment.
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