Regular Session 2015-2016 House Bill 2296 P.N. 3802

PRINTER'S NO. 3802

THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

No.

2296

Session of

2015

INTRODUCED BY MULLERY, V. BROWN, D. COSTA, HELM, WATSON,

GALLOWAY, BOBACK, SAMUELSON AND SCHWEYER, SEPTEMBER 2, 2016

REFERRED TO COMMITTEE ON PROFESSIONAL LICENSURE,

SEPTEMBER 2, 2016

AN ACT

Providing for licensing of elevator contractors and mechanics;

and imposing duties on the Department of Labor and Industry.

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 license.

Section 303. Application for elevator contractor or mechanic

license.

Section 304. Qualifications.

Section 305. Hearing on charges and decision.

Section 306. Appeals.

Section 307. Practice without license prohibited.

Chapter 5. Miscellaneous Provisions

Section 501. Regulations.

Section 502. Administrative law and procedure.

Section 503. Construction.

Section 504. Applicability.

Section 505. 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 Elevator

Contractor and Mechanic Licensure Act.

Section 102. Purpose.

The purpose of this act is to provide for the safety of

installers, maintainers 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 are required to be documented in training or

experience, or both, and to be familiar with the operation and

safety functions of the components and equipment. Training and

experience include, but are not 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 establishes the minimum standards for

elevator personnel.

Section 103. Definitions.

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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 the safety code of ASCE numbered 21 or

any successor safety code of ASCE.

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

sidewalk, platform lift, stairway chairlift, automated people

mover, vertical and reciprocating conveyors, belt manlifts and

aerial passenger ropeways.

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

Commonwealth.

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

safety codes of ASME numbered A17.1, A17.3, A17.7 or A18.1 or

any successor safety code of ASME.

"Elevator contractor." A 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 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 the

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safety code of ASME numbered A17.1 or any successor safety code

of ASME.

"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 or

maintaining of elevators or related conveyances covered by this

act.

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

the safety code of ASME A17.1 or any successor code of ASME.

"Repair." A repair as defined in the standards of ASCE and

ASME.

CHAPTER 3

LICENSING

Section 301. License required.

(a) Elevator mechanic license.--

(1) 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 under this act.

(2) 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 under this

act.

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(3) No other license shall be required for work

described under this subsection.

(4) The direct supervision by a licensed elevator

contractor shall not be 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 that does not permit access.

(b) 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.

described in ANSI MH29.1, Safety Requirements for Industrial

Scissor Lifts.

Section 302. Issuance and renewal of license.

(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 any renewal license

shall be set by the department.

(b) Emergencies.--

(1) 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 properly address

the emergency, elevator contractors shall respond as

necessary to assure the safety of the public.

(2) Any person certified by a licensed elevator

contractor to have an acceptable combination of documented

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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.

(3) The department shall issue emergency elevator

mechanic licenses.

(4) The elevator contractor shall furnish proof of

competency as the department may require.

(5) Each license is valid for a period of 45 days from

the date of issuance and for elevators or geographic 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.

(6) The department shall renew an emergency elevator

mechanic license during the existence of an emergency.

(7) No fee shall be charged for any emergency elevator

mechanic license or renewal license.

(1) 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.

(2) 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

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elevator mechanic license from the department and shall pay a

fee as the department shall determine.

(3) Each temporary license is valid for six months from

the date of issuance and while the person is employed by the

licensed elevator contractor that certified the person as

qualified. The temporary license shall be renewable as long

as the shortage of license holders shall continue.

(d) Continuing education.--

(1) The renewal of all licenses issued 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.

(2) The course shall consist of at least eight hours of

instruction that shall be attended and completed within one

year immediately preceding the license renewal.

(e) Instruction.--

(1) 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.

(2) 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 the applicant was qualified as an instructor at

any time during the year immediately preceding the scheduled

date for the renewal.

(f) Temporary disability.--

(1) A licensee who is unable to complete the continuing

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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.

(2) 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.

(3) Upon this termination, a waiver sticker valid for 90

days shall be issued to the licensee and affixed to his

license.

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

(1) Approved training providers shall keep, for a period

of 10 years, uniform records of attendance of licensees

following a format approved by the department. The records

shall be available for inspection by the department at its

request.

(2) Approved training providers shall maintain the

security of all attendance records and certificates of

completion.

(3) Falsifying or knowingly allowing another to falsify

attendance records or certificates of completion shall

constitute grounds for suspension or revocation of the

approval required under this section.

Section 303. Application for elevator contractor or mechanic

license.

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

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corporation wishing to engage in the business of conveyance

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

conveyance 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.

information for the following provisions:

(1) If the applicant is an individual 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, maintaining or servicing elevators or

platform lifts, including any work done in another state.

(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.

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(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 Pennsylvania State Police or any

relevant law enforcement agency.

(8) Any pending or open criminal or civil cases in this

Commonwealth or another state.

(9) 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 required by 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

area of elevator industry, construction, maintenance, service

or repair, or any combination of those areas, 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 applicable

code and standard.

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

mechanic license without satisfying the requirements of

subsection (a) by one of the following methods:

(1) Furnishing the department with acceptable proof that

the person has worked as an elevator constructor or

maintenance or repair person. Upon making application for a

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license and paying the license fee, the person is entitled to

receive a license without an examination. The person must

have worked without direct and immediate supervision for an

elevator contractor licensed to do business in this

Commonwealth. This employment must 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 of an

apprenticeship for an elevator mechanic program that has

standards substantially equal to those of this chapter and is

registered with the Bureau of Apprenticeship and Training of

the United States Department of Labor or the Pennsylvania

State Apprenticeship and Training Council.

(3) Furnishing the department with acceptable proof of

holding a valid license from a state having standards

substantially equal to those of this act.

elevator contractor license must have in its employ no fewer

than one licensed elevator mechanic who performs the work

described in section 301(a).

(d) Reciprocity.--A license may be issued to an individual,

sole proprietor, partnership or domestic corporation holding a

valid license from a state having standards substantially equal

to or exceeding those of this act 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 10

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

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

include a statement of facts constituting the grounds for the

charges against the licensee.

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

license upon good cause shown or dismiss the proceeding.

Section 306. Appeals.

A person, sole proprietor, firm or corporation whose license

is revoked or suspended may appeal the 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 or

elevator mechanic or to practice or offer to practice as an

elevator contractor 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 of not more than $1,000 or

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

offense shall be subject to a fine of not more than $2,000 or

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

CHAPTER 5

MISCELLANEOUS PROVISIONS

Section 501. Regulations.

The department shall promulgate regulations necessary to

implement this act.

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Section 502. Administrative law and procedure.

Each hearing under this act shall be subject to the

provisions of 2 Pa.C.S. (relating to administrative law and

procedure).

Section 503. 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 specified in the applicable State law.

Section 504. Applicability.

(a) Private residence.--Nothing in this act shall apply to a

private residence.

(b) Certain lifting devices.--Nothing in this act shall

apply to a lifting device regulated under the act of October 9,

2008 (P.L.1363, No.100), known as the Crane Operator Licensure

Act, for which separate licensure is required.

Section 505. Effective date.

This act shall take effect as follows:

(1) Section 301 shall take effect upon the effective

date of regulations promulgated under section 501 or three

years after the date of enactment, whichever is earlier.

(2) The remainder of this act shall take effect

immediately.

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