Trial Engrossment of Amendment A07756 to Senate Bill 0934 P.N. 1826, Regular Session 2017-2018

A07756

THE GENERAL ASSEMBLY OF PENNSYLVANIA

SENATE BILL

No.

934

Session of

2017

INTRODUCED BY BAKER, YUDICHAK, LEACH, ARGALL, RAFFERTY, COSTA,

McGARRIGLE, SABATINA, TARTAGLIONE, STREET, KILLION, FARNESE,

BLAKE, BOSCOLA, BROWNE, DINNIMAN, SCAVELLO, McILHINNEY AND

VOGEL, OCTOBER 31, 2017

SENATOR WARD, LABOR AND INDUSTRY, AS AMENDED, JUNE 5, 2018

AN ACT

Amending the act of April 9, 1929 (P.L.177, No.175), entitled,

as amended, "An act providing for and reorganizing the

conduct of the executive and administrative work of the

Commonwealth by the Executive Department thereof and the

administrative departments, boards, commissions, and officers

thereof, including the boards of trustees of State Normal

Schools, or Teachers Colleges; abolishing, creating,

reorganizing or authorizing the reorganization of certain

administrative departments, boards, and commissions; defining

the powers and duties of the Governor and other executive and

administrative officers, and of the several administrative

departments, boards, commissions, and officers; fixing the

salaries of the Governor, Lieutenant Governor, and certain

other executive and administrative officers; providing for

the appointment of certain administrative officers, and of

all deputies and other assistants and employes in certain

departments, boards, and commissions; providing for the

regulation of pari-mutuel thoroughbred horse racing and

harness horse racing activities, imposing certain taxes and

providing for the disposition of funds from pari-mutuel

tickets; and prescribing the manner in which the number and

compensation of the deputies and all other assistants and

employes of certain departments, boards and commissions shall

be determined," in powers and duties of the Department of

Labor and Industry, its departmental administrative and

advisory boards and departmental administrative officers,

further providing for FEES AND FOR Industrial Board and

establishing the Elevator Safety Board.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1. Section 2214(g) and (h) of the act of April 9,

1929 (P.L.177, No.175), known as The Administrative Code of

1929, are amended to read:

SECTION 1. SECTION 613-A(A)(11) OF THE ACT OF APRIL 9, 1929

(P.L.177, NO.175), KNOWN AS THE ADMINISTRATIVE CODE OF 1929,

AMENDED OCTOBER 30, 2017 (P.L.379, NO.40), IS AMENDED TO READ:

SECTION 613-A. DEPARTMENT OF LABOR AND INDUSTRY TO COLLECT

FEES.--(A) NOTWITHSTANDING ANY OTHER PROVISION OF LAW, THE

DEPARTMENT IS AUTHORIZED TO CHARGE FEES FOR THE FOLLOWING

PURPOSES AND IN THE FOLLOWING AMOUNTS:

* * *

(11) FEES FOR VARIANCE REQUESTS:

(I) INDUSTRIAL BOARD VARIANCE, APPEAL

AND REQUEST FOR EXTENSION OF TIME:

(A) STANDARD FEE.................. 321

(B) FOR EXPEDITED ACTION ON

VARIANCES, APPEALS OR REQUESTS

FOR EXTENSIONS OF TIME......... 1,321

(II) ACCESSIBILITY ADVISORY BOARD

VARIANCE, APPEAL OR REQUEST FOR

EXTENSION OF TIME:

(A) STANDARD FEE.................. 321

(B) FOR EXPEDITED ACTION ON

VARIANCES, APPEALS OR REQUESTS

FOR EXTENSIONS OF TIME......... 1,321

(III) ELEVATOR SAFETY BOARD VARIANCE,

APPEAL OR REQUEST FOR EXTENSION OF

TIME:

(A) STANDARD FEE.................. 321

(B) FOR EXPEDITED ACTION ON

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VARIANCES, APPEALS OR REQUESTS

FOR EXTENSIONS OF TIME......... 1,321

* * *

SECTION 2. SECTION 2214(G) AND (H) OF THE ACT ARE AMENDED TO

READ:

Section 2214. Industrial Board.--The Industrial Board

created by this act shall have the power, and its duty shall be:

* * *

(g) To establish such technical advisory boards or

committees as may be necessary for the performance of its

duties, including, but not limited to, a Fire and Panic Advisory

Board[, an Elevator Advisory Board] and a Boiler Advisory Board;

(h) To have jurisdiction under the following acts:

(1) The act of May 30, 1895 (P.L.129, No.99), entitled "An

act to provide for safety guards upon passenger elevators and

providing a penalty for violation thereof."

(2) The act of April 27, 1927 (P.L.465, No.299), referred to

as the Fire and Panic Act.

[(3) The act of May 2, 1929 (P.L.1513, No.451), referred to

as the Boiler Regulation Law.

(4) The act of May 2, 1929 (P.L.1518, No.452), referred to

as the Elevator Regulation Law.]

(5) The act of May 18, 1937 (P.L.654, No.174), entitled, as

amended, "An act to provide for the safety and to protect the

health and morals of persons while employed; prescribing certain

regulations and restrictions concerning places where persons are

employed, and the equipment, apparatus, materials, devices and

machinery used therein; prescribing certain powers and duties of

the Department of Labor and Industry relative to the enforcement

of this act; and fixing penalties."

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(6) The act of May 27, 1937 (P.L.926, No.249), referred to

as the Bedding and Upholstery Law.

[(7) The act of July 31, 1941 (P.L.616, No.261), known as

the "Employment Agency Law."

[(8) The act of May 14, 1949 (P.L.1342, No.402), known as

the "Dry Cleaning and Dyeing Law."

(9) The act of December 27, 1951 (P.L.1793, No.475),

referred to as the Liquefied Petroleum Gas Act.]

(10) The act of July 25, 1961 (P.L.857, No.372), referred to

as the Stuffed Toy Manufacturing Act.

(11) The act of August 22, 1961 (P.L.1034, No.467), entitled

"An act requiring a guard to be posted when a manhole is

entered; imposing powers and duties on the Department of Labor

and Industry; and authorizing said department to promulgate

rules and regulations relating to manholes, and providing

penalties."

(12) The act of June 2, 1971 (P.L.115, No.5), entitled "An

act requiring the use of safety glazing materials in hazardous

locations in residential, commercial and public buildings,

imposing duties on the Department of Labor and Industry and

providing penalties."

(12.1) THE ACT OF JUNE 18, 1998 (P.L.655, NO.85), KNOWN AS

THE BOILER AND UNFIRED PRESSURE VESSEL LAW.

(12.2) THE ACT OF JUNE 19, 2002 (P.L.421, NO.61), KNOWN AS

THE PROPANE AND LIQUEFIED PETROLEUM GAS ACT.

(13) Any other acts assigned by the Secretary of Labor and

Industry.

Section 2 3. The act is amended by adding a section to read:

Section 2214.1. Elevator Safety Board.--(a) The Elevator

Safety Board is established and shall consist of the members as

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provided in this section.

(b) The Governor shall appoint the members of the board with

one representative from each of the following:

(1) The Department of Labor and Industry.

(2) An elevator manufacturing company.

(3) An elevator servicing company.

(4) An architectural design or elevator consulting

profession.

(5) An elevator inspector.

(6) A labor organization specializing in the installation,

maintenance and repair of elevators and other conveyances.

(7) A building owner or manager An owner or manager of a

commercial building with an elevator .

(8) A municipality.

(9) The general public.

section, the Governor shall make the initial appointments to the

board.

(d) The board shall have term limitations and structure as

follows:

(1) The members of the board shall serve for a term of three

(3) years . AND, EXCEPT FOR THE MEMBER UNDER PARAGRAPH (2), MAY

NOT SERVE FOR MORE THAN THREE (3) CONSECUTIVE TERMS.

(2) The representative of the Department of Labor and

Industry or its designee shall serve continuously.

(3) The members shall serve without salary.

(4) The members shall receive reimbursement from the

Commonwealth for IN SUCH AMOUNTS AS DETERMINED BY THE DEPARTMENT

OF LABOR AND INDUSTRY FOR REASONABLE TRAVEL, LODGING AND OTHER

expenses necessarily incurred by them in the performance of

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their duties.

(5) The Governor shall appoint one member to serve as

chairperson, who shall be the deciding vote in the event of a

tie vote.

(e) (1) The board shall meet and organize within one

hundred twenty (120) days of the effective date of this section

and at that meeting shall elect one secretary of the board to

serve during the term to be fixed by the rules and regulations

adopted by the board. The board shall meet monthly at a time and

place to be fixed by the board DEPARTMENT OF LABOR AND INDUSTRY

and at times as it is deemed necessary for the consideration of

code regulations, appeals, variances and the transaction of

other business. Special meetings may be called as provided in

the rules and regulations adopted by the board. THE DEPARTMENT

OF LABOR AND INDUSTRY SHALL SET THE PLACE AND TIME OF SPECIAL

MEETINGS.

(2) Any member absent from three consecutive meetings shall

be dismissed and the vacancy shall be filled in the same manner

as the appointment of the absent member.

(f) (1) The board shall recommend regulations to the

Secretary of Labor and Industry relating to construction,

maintenance and inspection of elevators and safe operation of

elevators. The board may consult with engineering authorities

and other appropriate organizations regarding the application of

elevator industry codes and standards.

(2) The board shall review any International Code Council

code being reviewed by the Uniform Construction Code Review and

Advisory Council as the code relates to the construction,

maintenance and inspection of elevators and safe operation of

elevators. The review by the board may include recommendations

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to accept, reject or modify the International Code Council code

being reviewed.

(3) (2) The Secretary of Labor and Industry shall review any

recommendations for regulations submitted by the board and, if

the secretary approves the recommendations, shall promulgate

regulations consistent with the recommendations.

(4) (3) The board may grant exceptions and variances from

the requirements of applicable codes and standards , regulations

or municipal ordinances OR REGULATIONS if the changes would not

jeopardize the safety and welfare of the general public or

individuals employed in the elevator industry. THE DEPARTMENT OF

LABOR AND INDUSTRY SHALL ACCEPT APPLICATIONS FOR ALL EXCEPTIONS

AND VARIANCES AND SHALL MAKE RECOMMENDATIONS ON THE APPLICATIONS

TO THE BOARD.

(5) (4) The board may hold hearings and hear appeals on

matters relating to this section in accordance with regulations

and procedures established by the board in consultation with the

Department of Labor and Industry.

Section 3 4. Within seven days of the first meeting of the

Elevator Safety Board, the Department of Labor and Industry

shall publish a notice in the Pennsylvania Bulletin stating the

date of the meeting.

SECTION 5. THIS AMENDATORY ACT SHALL BE KNOWN AND MAY BE

CITED AS KRISTOPHER'S LAW.

Section 4 6. This act shall take effect as follows:

(1) The amendment of section SECTIONS 613-A(A)(11) AND

2214(g) and (h) of the act shall take effect upon the date of

the first meeting of the Elevator Safety Board as stated in

the notice required under section 3 4.

(2) The remainder of this act shall take effect in 60

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days.

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