THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

INTRODUCED BY KILLION, BELFANTI, BEYER, CIVERA, D. COSTA, GINGRICH, HENNESSEY, HESS, KORTZ, KOTIK, McILVAINE SMITH, MELIO, MILNE, MOUL, MURT, MYERS, PAYNE, REICHLEY, SIPTROTH, SOLOBAY, VULAKOVICH AND YOUNGBLOOD, APRIL 23, 2009

REFERRED TO COMMITTEE ON LABOR RELATIONS, APRIL 23, 2009  

AN ACT

Providing for licensing of elevator contractors, mechanics and

inspectors; and imposing duties on the Department of Labor

and Industry.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

TABLE OF CONTENTS

Chapter 1.  Preliminary Provisions

Section 101.  Short title.

Section 102.  Purpose.

Section 103.  Definitions.

Chapter 3.  Licensing

Section 301.  License required.

Section 302.  Issuance and renewal of licenses; fees.

Section 303.  Application for elevator contractor, mechanic or

inspector license.

Section 304.  Qualifications.

Section 305.  Hearing on charges and decision.

Section 306.  Appeals.

Section 307.  Practice without license prohibited.

Chapter 11.  Miscellaneous Provisions

Section 1101.  Regulations.

Section 1102.  Construction.

Section 1103.  Effective date.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

CHAPTER 1

PRELIMINARY PROVISIONS

Section 101.  Short title.

This act shall be known and may be cited as the Pennsylvania

Elevator Act.

Section 102.  Purpose.

(a)  Safety.--The purpose of this act is to provide for the

safety of installers, maintainers, operators and users and to

promote public safety awareness. The use of unsafe and defective

lifting devices imposes a substantial probability of serious and

preventable injury to employees and exposes the public to unsafe

conditions. The prevention of these injuries and protection of

employees and the public from unsafe conditions is in the best

interest of the people of this Commonwealth. Elevator personnel

performing work covered by this act shall be documented in

training or experience or both and be familiar with the

operation and safety functions of the components and equipment.

Training and experience shall include, but not be limited to,

recognizing the safety hazards and performing the procedures to

which elevator personnel are assigned in conformance with the

requirements of this act. This act shall establish the minimum

standards for elevator personnel.

(b)  Equivalents.--The provisions of this act are not

intended to prevent the use of systems, methods or devices of

equivalent or superior quality, strength, fire resistance,

effectiveness, durability and safety to those required by this

act, provided that there is technical documentation to

demonstrate the equivalency of the system, method or device as

prescribed in the requirements of ASME A17.1, ASME A18.1 or ASCE

21.

Section 103.  Definitions.

The following words and phrases when used in this act shall

have the meanings given to them in this section unless the

context clearly indicates otherwise:

"ASCE."  The American Society of Civil Engineers.

"ASME."  The American Society of Mechanical Engineers.

"ASME QEI."  The standards for the qualifications of elevator

inspectors drafted by the American Society of Mechanical

Engineers.

"Automated people mover."  An installation defined as an

automated people mover in ASCE 21.

"Conveyance."  Any elevator, dumbwaiter, escalator, moving

sidewalk, platform lift, stairway chairlift and automated people

mover.

"Department."  The Department of Labor and Industry of the

Commonwealth.

"Elevator."  An installation defined as an elevator in the

most recent version of ASME A17.1, A17.3, A17.7 or A18.1.

"Elevator contractor."  Any sole proprietor, firm or

corporation that is engaged in the business of erecting,

constructing, installing, altering, servicing, repairing or

maintaining elevators or related conveyances covered by this

act.

"Elevator inspector."  A person defined in ASME QEI as an

inspector.

"Elevator mechanic."  A person who is engaged in erecting,

constructing, installing, altering, servicing, repairing or

maintaining elevators or related conveyances covered by this

act.

"Escalator."  An installation defined as an escalator in ASME

A17.1.

"License."  A written license, issued by the Department of

Labor and Industry, authorizing a person, sole proprietor, firm

or corporation to carry on the business of erecting,

constructing, installing, altering, servicing, repairing,

maintaining or performing inspections of elevators or related

conveyances covered by this act.

"Moving walk."  An installation defined as a moving walk in

ASME A17.1.

"Private residence."  A separate dwelling or a separate

apartment in a multiple-family dwelling which is occupied by

members of a single-family unit.

"Repair."  A repair as defined in the ASCE and the ASME

standards. A repair does not require a permit.

CHAPTER 3

LICENSING

Section 301.  License required.

(a)  Elevator mechanic license.--No person shall erect,

construct, alter, replace, maintain, remove or dismantle any

conveyance contained within buildings or structures in this

Commonwealth unless an elevator mechanic license has been issued

to the person as described in this act, and the person is

working under the direct supervision of a sole proprietor, firm

or corporation that is an elevator contractor pursuant to this

act. No person shall wire any conveyance, from the mainline

feeder terminals on the controller, in this Commonwealth unless

an elevator mechanic license has been issued to the person as

described in this act and the person is working under the direct

supervision of a sole proprietor, firm or corporation that is an

elevator contractor pursuant to this act. No other license shall

be required for work described under this subsection. A licensed

elevator contractor is not required to remove or dismantle

conveyances which are destroyed as a result of a complete

demolition of a secured building or structure or where the

hoistway or wellway is demolished back to the basic support

structure whereby no access is permitted.

(b)  Inspector license.--No person shall inspect any

conveyance within buildings or structures, including, but not

limited to, private residences, unless an inspector license has

been issued as provided in this act.

(c)  Contractor license.--No person shall engage in the

business of erecting, constructing, installing, altering,

servicing, testing, repairing or maintaining elevators or

related conveyances covered by this act, unless a contractor

license has been issued as provided in this act.

Section 302.  Issuance and renewal of licenses; fees.

(a)  Issuance and renewal.--Upon approval of an application

by the department, the department may issue a license which

shall be renewable biennially. The fee for such license for any

renewal thereafter shall be set by the department.

(b)  Emergencies.--Whenever an emergency exists in this

Commonwealth due to a disaster, an act of God or work stoppage

and the number of persons in this Commonwealth holding licenses

granted by the department 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 department within five

business days after commencing work requiring a license. The

department shall issue emergency elevator mechanic licenses. The

elevator contractor shall furnish proof of competency as the

department may require. Each license is valid for a period of 45

days from the date of issuance and for such particular elevators

or geographical areas as the department may designate and

otherwise shall entitle the licensee to the rights and

privileges of an elevator mechanic license issued under this

act. The department 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.

(c)  Labor shortage.--An elevator contractor shall notify the

department when there are no licensed personnel available to

perform elevator work. The elevator contractor may request that

the department 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 department and shall pay such fee as the department

shall determine. Each such license is valid for the period

specified in subsection (a) from the date of issuance and while

employed by the licensed elevator contractor that certified the

individual as qualified. It shall be renewable as long as the

shortage of license holders shall continue.

(d)  Continuing education.--The renewal of all licenses

granted under 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 set forth by the

department. Such 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.

(e)  Instruction.--The 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 department shall approve the continuing education

providers. All instructors shall be approved by the department

and be exempt from the requirements of subsection (d) 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.

(f)  Temporary disability.--A licensee who is unable to

complete the continuing education course required under this

section prior to the expiration of his license due to a

temporary disability may apply for a waiver from the department.

The waiver shall be on a form provided by the department, which

shall be signed under the penalty of perjury and accompanied by

a certified statement from a competent physician attesting to

the disability. Upon the termination of the temporary

disability, the licensee shall submit to the department a

certified statement from the same physician, if practicable,

attesting to the termination of the temporary disability. Upon

this termination, a waiver sticker which is valid for 90 days

shall be issued to the licensee and affixed to his license.

(g)  Attendance records for continuing education courses.--

Approved training providers shall keep uniform records, for a

period of ten years, of attendance of licensees following a

format approved by the department, and such records shall be

available for inspection by the department at its request.

Approved training providers shall be responsible for the

security of all attendance records and certificates of

completion, provided, however, that falsifying or knowingly

allowing another to falsify such attendance records or

certificates of completion shall constitute grounds for

suspension or revocation of the approval required under this

subsection.

Section 303.  Application for elevator contractor, mechanic or

inspector license.

(a)  Elevator contractor.--Any sole proprietor, firm or

corporation wishing to engage in the business of elevator,

dumbwaiter, escalator or moving sidewalks installation,

alteration, service, replacement or maintenance within this

Commonwealth shall make application for a license with the

department on a form provided by the department.

(b)  Elevator mechanic.--Any person wishing to engage in

elevator, dumbwaiter, escalator or moving sidewalk installation,

alteration, service, replacement or maintenance within this

Commonwealth shall make application for a license with the

department on a form provided by the department.

(c)  Inspector.--Upon proof of ASME QEI certification, any

person wishing to engage in the business of elevator,

dumbwaiter, escalator, moving sidewalk, platform or stairway

chairlift inspection within this Commonwealth shall make

application for a license with the department on a form to be

provided by the department.

(d)  Contents of application.--The applications shall contain

information for the following provisions:

(1)  If the applicant is a person or sole proprietor, the

name, residence and business address of the applicant.

(2)  If the applicant is a partnership, the name,

residence and business address of each partner.

(3)  If the applicant is a domestic corporation, the name

and business address of the corporation and the name and

residence address of the principal officer of the

corporation. If the applicant is a corporation other than a

domestic corporation, the corporation shall include the name

and address of its local agent who is to accept service of

process and official notices.

(4)  The number of years the applicant has engaged in the

business of installing, inspecting, maintaining or servicing

elevators or platform lifts.

(5)  The approximate number of persons, if any, to be

employed by the elevator contractor applicant and, if

applicable, satisfactory evidence that the employees are or

will be covered by workers' compensation insurance.

(6)  Satisfactory evidence that the applicant is or will

be covered by general liability, personal injury and property

damage insurance.

(7)  Criminal record of convictions, if any, as verified

by the Commissioner of the Pennsylvania State Police or other

relevant law enforcement agency.

(8)  Such other information as the department may

require.

Section 304.  Qualifications.

(a)  Elevator mechanics.--A mechanic license may not be

granted to any person who has failed to demonstrate the

qualifications and abilities set forth in this section.

Applicants for a mechanic license must demonstrate an acceptable

combination of documented experience and education credits,

including:

(1)  Not less than three years' work experience in the

elevator industry, construction, maintenance, service or

repair, or any combination thereof, as verified by current

and previous employers licensed to do business in this

Commonwealth.

(2)  Satisfactory completion of a written examination

administered by the department on the most recent referenced

codes and standards.

(b)  Exceptions.--Any person shall be granted an elevator

mechanic license without satisfying the requirements of

subsection (a) by:

(1)  furnishing the department with acceptable proof that

he has worked as an elevator constructor, maintenance or

repair person. Upon making application for a license and

paying the license fee, the person is entitled to receive a

license without an examination. The person shall have worked

without direct and immediate supervision for an elevator

contractor licensed to do business in this Commonwealth. This

employment shall not be less than three years immediately

prior to the effective date of this section. A person seeking

a license under the exception outlined in this paragraph must

make application within one year of the effective date of

this section;

(2)  obtaining a certificate of completion and

successfully passing the mechanic examination of a nationally

recognized training program for the elevator industry such as

the National Elevator Industry Educational Program or its

equivalent;

(3)  obtaining a certificate of completion of an

apprenticeship for elevator mechanic program, having

standards substantially equal to those of this chapter and

registered with the Bureau of Apprenticeship and Training of

the United States Department of Labor or the Pennsylvania

State Apprenticeship Council; or

(4)  furnishing the department with acceptable proof of

holding a valid license from a state having standards

substantially equal to those of this act.

(c)  Elevator inspectors.--No inspector license shall be

granted to any person unless he demonstrates to the satisfaction

of the department or officer designated by the department that

the person meets the current ASME QEI-1.

(d)  Elevator contractor.--An authorized applicant for an

elevator contractor license must have in its employ no fewer

than one licensed elevator mechanic who performs the work

described in section 301(a).

(e)  Reciprocity.--A license may be issued to a sole

proprietor, firm or corporation holding a valid license from a

state having standards substantially equal to those of this

chapter, upon application.

Section 305.  Hearing on charges and decision.

(a)  Notice.--No license shall be suspended or revoked until

after a hearing before the department upon notice, served

personally or by registered mail, to the licensee of at least

ten days at the last known address appearing on the license. The

notice shall state the date, hour and place of the hearing and

set forth a statement of facts constituting the grounds for the

charges against the licensee.

(b)  Decision.--The department shall suspend or revoke the

license or dismiss the proceeding.

Section 306.  Appeals.

Any person, sole proprietor, firm or corporation whose

license is revoked or suspended may appeal from such

determination to the department. The department shall hold a

hearing within 30 days and provide 15 days' written notice to

all interested parties. Within 30 days after the hearing, the

department shall issue a decision.

Section 307.  Practice without license prohibited.

(a)  Offense defined.--It shall be unlawful for an individual

to hold himself out to the public as an elevator contractor,

elevator inspector or elevator mechanic or to practice or offer

to practice as an elevator contractor, elevator inspector or

elevator mechanic unless the individual holds a valid, current

license issued by the department.

(b)  Penalty.--A person who violates this section commits a

misdemeanor of the third degree and shall, upon conviction, for

a first offense, be sentenced to a fine not to exceed $1,000, or

to imprisonment for not more than six months, or both. A second

offense shall be subject to a fine not to exceed $2,000, or

imprisonment for a term of six months to one year, or both.

CHAPTER 11

MISCELLANEOUS PROVISIONS

Section 1101.  Regulations.

The department shall promulgate regulations necessary to the

implementation of this act.

Section 1102.  Construction.

Whenever a provision in this act is found to be inconsistent

with any provision of applicable laws, codes or regulations of

this Commonwealth, the provisions of this act shall prevail.

Unless specifically stated otherwise, this act is not intended

to establish more stringent or more restrictive standards than

standards set forth in the applicable State law.

Section 1103.  Effective date.

This act shall take effect as follows:

(1)  Section 301 shall take effect upon the effective

date of regulations promulgated by the department under

section 1101, or in three years after the date of enactment,

whichever is earlier.

(2)  The remainder of this act shall take effect

immediately.