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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| HOUSE BILL |
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| INTRODUCED BY KILLION, D. COSTA, GINGRICH, HARKINS, HENNESSEY, KORTZ, MICOZZIE, MOUL, PAYNE, REICHLEY AND VULAKOVICH, JANUARY 31, 2011 |
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| REFERRED TO COMMITTEE ON LABOR AND INDUSTRY, JANUARY 31, 2011 |
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| AN ACT |
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1 | Providing for licensing of elevator contractors and mechanics; |
2 | and imposing duties on the Department of Labor and Industry. |
3 | TABLE OF CONTENTS |
4 | Chapter 1. Preliminary Provisions |
5 | Section 101. Short title. |
6 | Section 102. Purpose. |
7 | Section 103. Definitions. |
8 | Chapter 3. Licensing |
9 | Section 301. License required. |
10 | Section 302. Issuance and renewal of licenses; fees. |
11 | Section 303. Application for elevator contractor or mechanic |
12 | license. |
13 | Section 304. Qualifications. |
14 | Section 305. Hearing on charges and decision. |
15 | Section 306. Appeals. |
16 | Section 307. Practice without license prohibited. |
17 | Chapter 11. Miscellaneous Provisions |
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1 | Section 1101. Regulations. |
2 | Section 1102. Construction. |
3 | Section 1103. Applicability. |
4 | Section 1104. Effective date. |
5 | The General Assembly of the Commonwealth of Pennsylvania |
6 | hereby enacts as follows: |
7 | CHAPTER 1 |
8 | PRELIMINARY PROVISIONS |
9 | Section 101. Short title. |
10 | This act shall be known and may be cited as the Pennsylvania |
11 | Elevator Act. |
12 | Section 102. Purpose. |
13 | The purpose of this act is to provide for the safety of |
14 | installers, maintainers and users and to promote public safety |
15 | awareness. The use of unsafe and defective lifting devices |
16 | imposes a substantial probability of serious and preventable |
17 | injury to employees and exposes the public to unsafe conditions. |
18 | The prevention of these injuries and protection of employees and |
19 | the public from unsafe conditions is in the best interest of the |
20 | people of this Commonwealth. Elevator personnel performing work |
21 | covered by this act shall be documented in training or |
22 | experience or both and be familiar with the operation and safety |
23 | functions of the components and equipment. Training and |
24 | experience shall include, but not be limited to, recognizing the |
25 | safety hazards and performing the procedures to which elevator |
26 | personnel are assigned in conformance with the requirements of |
27 | this act. This act shall establish the minimum standards for |
28 | elevator personnel. |
29 | Section 103. Definitions. |
30 | The following words and phrases when used in this act shall |
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1 | have the meanings given to them in this section unless the |
2 | context clearly indicates otherwise: |
3 | "ASCE." The American Society of Civil Engineers. |
4 | "ASME." The American Society of Mechanical Engineers. |
5 | "ASME QEI." The standards for the qualifications of elevator |
6 | inspectors drafted by the American Society of Mechanical |
7 | Engineers. |
8 | "Automated people mover." An installation defined as an |
9 | automated people mover in ASCE 21. |
10 | "Conveyance." Any elevator, dumbwaiter, escalator, moving |
11 | sidewalk, platform lift, stairway chairlift, automated people |
12 | mover, vertical and reciprocating conveyors, belt manlifts and |
13 | aerial passenger ropeways. |
14 | "Department." The Department of Labor and Industry of the |
15 | Commonwealth. |
16 | "Elevator." An installation defined as an elevator in the |
17 | most recent version of ASME A17.1, A17.3, A17.7 or A18.1. |
18 | "Elevator contractor." Any sole proprietor, firm or |
19 | corporation that is engaged in the business of erecting, |
20 | constructing, installing, altering, servicing, repairing or |
21 | maintaining elevators or related conveyances covered by this |
22 | act. |
23 | "Elevator mechanic." A person who is engaged in erecting, |
24 | constructing, installing, altering, servicing, repairing or |
25 | maintaining elevators or related conveyances covered by this |
26 | act. |
27 | "Escalator." An installation defined as an escalator in ASME |
28 | A17.1. |
29 | "License." A written license, issued by the Department of |
30 | Labor and Industry, authorizing a person, sole proprietor, firm |
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1 | or corporation to carry on the business of erecting, |
2 | constructing, installing, altering, servicing, repairing or |
3 | maintaining of elevators or related conveyances covered by this |
4 | act. |
5 | "Moving walk." An installation defined as a moving walk in |
6 | ASME A17.1. |
7 | "Repair." A repair as defined in the ASCE and the ASME |
8 | standards. |
9 | CHAPTER 3 |
10 | LICENSING |
11 | Section 301. License required. |
12 | (a) Elevator mechanic license.--No person shall erect, |
13 | construct, alter, replace, maintain, remove or dismantle any |
14 | conveyance contained within buildings or structures in this |
15 | Commonwealth unless an elevator mechanic license has been issued |
16 | to the person as described in this act, and the person is |
17 | working under the direct supervision of a sole proprietor, firm |
18 | or corporation that is an elevator contractor pursuant to this |
19 | act. No person shall wire any conveyance, from the mainline |
20 | feeder terminals on the controller, in this Commonwealth unless |
21 | an elevator mechanic license has been issued to the person as |
22 | described in this act and the person is working under the direct |
23 | supervision of a sole proprietor, firm or corporation that is an |
24 | elevator contractor pursuant to this act. No other license shall |
25 | be required for work described under this subsection. The direct |
26 | supervision by a licensed elevator contractor is not required to |
27 | remove or dismantle conveyances which are destroyed as a result |
28 | of a complete demolition of a secured building or structure or |
29 | where the hoistway or wellway is demolished back to the basic |
30 | support structure whereby no access is permitted. |
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1 | (b) Contractor license.--No person shall engage in the |
2 | business of erecting, constructing, installing, altering, |
3 | servicing, testing, repairing or maintaining elevators or |
4 | related conveyances covered by this act, unless a contractor |
5 | license has been issued as provided in this act. |
6 | Section 302. Issuance and renewal of licenses; fees. |
7 | (a) Issuance and renewal.--Upon approval of an application |
8 | by the department, the department may issue a license which |
9 | shall be renewable biennially. The fee for such license for any |
10 | renewal thereafter shall be set by the department. |
11 | (b) Emergencies.--Whenever an emergency exists in this |
12 | Commonwealth due to a disaster, an act of God or work stoppage |
13 | and the number of persons in this Commonwealth holding licenses |
14 | granted by the department is insufficient to cope with the |
15 | emergency, elevator contractors shall respond as necessary to |
16 | assure the safety of the public. Any person certified by a |
17 | licensed elevator contractor to have an acceptable combination |
18 | of documented experience and education to perform elevator work |
19 | without direct and immediate supervision shall seek an emergency |
20 | elevator mechanic license from the department within five |
21 | business days after commencing work requiring a license. The |
22 | department shall issue emergency elevator mechanic licenses. The |
23 | elevator contractor shall furnish proof of competency as the |
24 | department may require. Each license is valid for a period of 45 |
25 | days from the date of issuance and for such particular elevators |
26 | or geographical areas as the department may designate and |
27 | otherwise shall entitle the licensee to the rights and |
28 | privileges of an elevator mechanic license issued under this |
29 | act. The department shall renew an emergency elevator mechanic |
30 | license during the existence of an emergency. No fee shall be |
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1 | charged for any emergency elevator mechanic license or renewal |
2 | thereof. |
3 | (c) Labor shortage.--An elevator contractor shall notify the |
4 | department when there are no licensed personnel available to |
5 | perform elevator work. The elevator contractor may request that |
6 | the department issue temporary elevator mechanic licenses to |
7 | persons certified by the licensed elevator contractor to have an |
8 | acceptable combination of documented experience and education to |
9 | perform elevator work without direct and immediate supervision. |
10 | Any person certified by an elevator contractor to have an |
11 | acceptable combination of documented experience and education to |
12 | perform elevator work without direct and immediate supervision |
13 | shall immediately seek a temporary elevator mechanic license |
14 | from the department and shall pay such fee as the department |
15 | shall determine. Each such license is valid for six months from |
16 | the date of issuance and while employed by the licensed elevator |
17 | contractor that certified the individual as qualified. It shall |
18 | be renewable as long as the shortage of license holders shall |
19 | continue. |
20 | (d) Continuing education.--The renewal of all licenses |
21 | granted under this section shall be conditioned upon the |
22 | submission of a certificate of completion of a course designed |
23 | to ensure the continuing education of licensees on new and |
24 | existing provisions of the regulations set forth by the |
25 | department. Such course shall consist of not less than eight |
26 | hours of instruction that shall be attended and completed within |
27 | one year immediately preceding any such license renewal. |
28 | (e) Instruction.--The courses shall be taught by instructors |
29 | through continuing education providers that may include, but |
30 | shall not be limited to, association seminars and labor training |
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1 | programs. The department shall approve the continuing education |
2 | providers. All instructors shall be approved by the department |
3 | and be exempt from the requirements of subsection (d) with |
4 | regard to their application for license renewal, provided that |
5 | such applicant was qualified as an instructor at any time during |
6 | the one year immediately preceding the scheduled date for such |
7 | renewal. |
8 | (f) Temporary disability.--A licensee who is unable to |
9 | complete the continuing education course required under this |
10 | section prior to the expiration of his license due to a |
11 | temporary disability may apply for a waiver from the department. |
12 | The waiver shall be on a form provided by the department, which |
13 | shall be signed under the penalty of perjury and accompanied by |
14 | a certified statement from a competent physician attesting to |
15 | the disability. Upon the termination of the temporary |
16 | disability, the licensee shall submit to the department a |
17 | certified statement from the same physician, if practicable, |
18 | attesting to the termination of the temporary disability. Upon |
19 | this termination, a waiver sticker which is valid for 90 days |
20 | shall be issued to the licensee and affixed to his license. |
21 | (g) Attendance records for continuing education courses.-- |
22 | Approved training providers shall keep uniform records, for a |
23 | period of ten years, of attendance of licensees following a |
24 | format approved by the department, and such records shall be |
25 | available for inspection by the department at its request. |
26 | Approved training providers shall be responsible for the |
27 | security of all attendance records and certificates of |
28 | completion, provided, however, that falsifying or knowingly |
29 | allowing another to falsify such attendance records or |
30 | certificates of completion shall constitute grounds for |
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1 | suspension or revocation of the approval required under this |
2 | subsection. |
3 | Section 303. Application for elevator contractor or mechanic |
4 | license. |
5 | (a) Elevator contractor.--Any sole proprietor, firm or |
6 | corporation wishing to engage in the business of conveyance |
7 | installation, alteration, service, replacement or maintenance |
8 | within this Commonwealth shall make application for a license |
9 | with the department on a form provided by the department. |
10 | (b) Elevator mechanic.--Any person wishing to engage in |
11 | conveyance installation, alteration, service, replacement or |
12 | maintenance within this Commonwealth shall make application for |
13 | a license with the department on a form provided by the |
14 | department. |
15 | (c) Contents of application.--The applications shall contain |
16 | information for the following provisions: |
17 | (1) If the applicant is a person or sole proprietor, the |
18 | name, residence and business address of the applicant. |
19 | (2) If the applicant is a partnership, the name, |
20 | residence and business address of each partner. |
21 | (3) If the applicant is a domestic corporation, the name |
22 | and business address of the corporation and the name and |
23 | residence address of the principal officer of the |
24 | corporation. If the applicant is a corporation other than a |
25 | domestic corporation, the corporation shall include the name |
26 | and address of its local agent who is to accept service of |
27 | process and official notices. |
28 | (4) The number of years the applicant has engaged in the |
29 | business of installing, maintaining or servicing elevators or |
30 | platform lifts. |
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1 | (5) The approximate number of persons, if any, to be |
2 | employed by the elevator contractor applicant and, if |
3 | applicable, satisfactory evidence that the employees are or |
4 | will be covered by workers' compensation insurance. |
5 | (6) Satisfactory evidence that the applicant is or will |
6 | be covered by general liability, personal injury and property |
7 | damage insurance. |
8 | (7) Criminal record of convictions, if any, as verified |
9 | by the Commissioner of the Pennsylvania State Police or other |
10 | relevant law enforcement agency. |
11 | (8) Such other information as the department may |
12 | require. |
13 | Section 304. Qualifications. |
14 | (a) Elevator mechanics.--A mechanic license may not be |
15 | granted to any person who has failed to demonstrate the |
16 | qualifications and abilities set forth in this section. |
17 | Applicants for a mechanic license must demonstrate an acceptable |
18 | combination of documented experience and education credits, |
19 | including: |
20 | (1) Not less than three years' work experience in the |
21 | elevator industry, construction, maintenance, service or |
22 | repair, or any combination thereof, as verified by current |
23 | and previous employers licensed to do business in this |
24 | Commonwealth. |
25 | (2) Satisfactory completion of a written examination |
26 | administered by the department on the most recent referenced |
27 | codes and standards. |
28 | (b) Exceptions.--Any person shall be granted an elevator |
29 | mechanic license without satisfying the requirements of |
30 | subsection (a) by: |
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1 | (1) furnishing the department with acceptable proof that |
2 | he has worked as an elevator constructor, maintenance or |
3 | repair person. Upon making application for a license and |
4 | paying the license fee, the person is entitled to receive a |
5 | license without an examination. The person shall have worked |
6 | without direct and immediate supervision for an elevator |
7 | contractor licensed to do business in this Commonwealth. This |
8 | employment shall not be less than three years immediately |
9 | prior to the effective date of this section. A person seeking |
10 | a license under the exception outlined in this paragraph must |
11 | make application within one year of the effective date of |
12 | this section; |
13 | (2) obtaining a certificate of completion and |
14 | successfully passing the mechanic examination of a nationally |
15 | recognized training program for the elevator industry such as |
16 | the National Elevator Industry Educational Program or its |
17 | equivalent; |
18 | (3) obtaining a certificate of completion of an |
19 | apprenticeship for elevator mechanic program, having |
20 | standards substantially equal to those of this chapter and |
21 | registered with the Bureau of Apprenticeship and Training of |
22 | the United States Department of Labor or the Pennsylvania |
23 | State Apprenticeship Council; or |
24 | (4) furnishing the department with acceptable proof of |
25 | holding a valid license from a state having standards |
26 | substantially equal to those of this act. |
27 | (c) Elevator contractor.--An authorized applicant for an |
28 | elevator contractor license must have in its employ no fewer |
29 | than one licensed elevator mechanic who performs the work |
30 | described in section 301(a). |
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1 | (d) Reciprocity.--A license may be issued to a sole |
2 | proprietor, firm or corporation holding a valid license from a |
3 | state having standards substantially equal to those of this |
4 | chapter, upon application. |
5 | Section 305. Hearing on charges and decision. |
6 | (a) Notice.--No license shall be suspended or revoked until |
7 | after a hearing before the department upon notice, served |
8 | personally or by registered mail, to the licensee of at least |
9 | ten days at the last known address appearing on the license. The |
10 | notice shall state the date, hour and place of the hearing and |
11 | set forth a statement of facts constituting the grounds for the |
12 | charges against the licensee. |
13 | (b) Decision.--The department shall suspend or revoke the |
14 | license upon good cause shown or dismiss the proceeding. |
15 | Section 306. Appeals. |
16 | Any person, sole proprietor, firm or corporation whose |
17 | license is revoked or suspended may appeal from such |
18 | determination to the department. The department shall hold a |
19 | hearing within 30 days and provide 15 days' written notice to |
20 | all interested parties. Within 30 days after the hearing, the |
21 | department shall issue a decision. |
22 | Section 307. Practice without license prohibited. |
23 | (a) Offense defined.--It shall be unlawful for an individual |
24 | to hold himself out to the public as an elevator contractor or |
25 | elevator mechanic or to practice or offer to practice as an |
26 | elevator contractor or elevator mechanic unless the individual |
27 | holds a valid, current license issued by the department. |
28 | (b) Penalty.--A person who violates this section commits a |
29 | misdemeanor of the third degree and shall, upon conviction, for |
30 | a first offense, be sentenced to a fine not to exceed $1,000, or |
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1 | to imprisonment for not more than six months, or both. A second |
2 | offense shall be subject to a fine not to exceed $2,000, or |
3 | imprisonment for a term of six months to one year, or both. |
4 | CHAPTER 11 |
5 | MISCELLANEOUS PROVISIONS |
6 | Section 1101. Regulations. |
7 | The department shall promulgate regulations necessary to the |
8 | implementation of this act. |
9 | Section 1102. Construction. |
10 | Whenever a provision in this act is found to be inconsistent |
11 | with any provision of applicable laws, codes or regulations of |
12 | this Commonwealth, the provisions of this act shall prevail. |
13 | Unless specifically stated otherwise, this act is not intended |
14 | to establish more stringent or more restrictive standards than |
15 | standards set forth in the applicable State law. |
16 | Section 1103. Applicability. |
17 | (a) Private residence.--Nothing in this act shall apply to a |
18 | private residence. |
19 | (b) Certain lifting devices.--Nothing in this act shall |
20 | apply to lifting devices regulated under the act of October 9, |
21 | 2008 (P.L.1363, No.100), known as the Crane Operator Licensure |
22 | Act, for which separate licensure is required. |
23 | Section 1104. Effective date. |
24 | This act shall take effect as follows: |
25 | (1) Section 301 shall take effect upon the effective |
26 | date of regulations promulgated by the department under |
27 | section 1101, or in three years after the date of enactment, |
28 | whichever is earlier. |
29 | (2) The remainder of this act shall take effect |
30 | immediately. |
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