1Providing for licensing of elevator contractors and mechanics;
2and imposing duties on the Department of Labor and Industry.

3TABLE OF CONTENTS

4Chapter 1. Preliminary Provisions

5Section 101. Short title.

6Section 102. Purpose.

7Section 103. Definitions.

8Chapter 3. Licensing

9Section 301. License required.

10Section 302. Issuance and renewal of licenses.

11Section 303. Application for elevator contractor or mechanic 
12license.

13Section 304. Qualifications.

14Section 305. Hearing on charges and decision.

15Section 306. Appeals.

16Section 307. Practice without license prohibited.

17Chapter 5. Miscellaneous Provisions

18Section 501. Regulations.

1Section 502. Construction.

2Section 503. Applicability.

3Section 504. Effective date.

4The General Assembly of the Commonwealth of Pennsylvania
5hereby enacts as follows:

6CHAPTER 1

7PRELIMINARY PROVISIONS

8Section 101. Short title.

9This act shall be known and may be cited as the Elevator
10Contractor and Mechanic Licensure Act.

11Section 102. Purpose.

12The purpose of this act is to provide for the safety of
13installers, maintainers and users and to promote public safety
14awareness. The use of unsafe and defective lifting devices
15imposes a substantial probability of serious and preventable
16injury to employees and exposes the public to unsafe conditions.
17The prevention of these injuries and protection of employees and
18the public from unsafe conditions is in the best interest of the
19people of this Commonwealth. Elevator personnel performing work
20covered by this act are required to be documented in training or
21experience, or both, and to be familiar with the operation and
22safety functions of the components and equipment. Training and
23experience includes, but is not limited to, recognizing the
24safety hazards and performing the procedures to which elevator
25personnel are assigned in conformance with the requirements of
26this act. This act establishes the minimum standards for
27elevator personnel.

28Section 103. Definitions.

29The following words and phrases when used in this act shall
30have the meanings given to them in this section unless the

1context clearly indicates otherwise:

2"ASCE." The American Society of Civil Engineers.

3"ASME." The American Society of Mechanical Engineers.

4"ASME QEI." The standards for the qualifications of elevator 
5inspectors drafted by the American Society of Mechanical 
6Engineers.

7"Automated people mover." An installation defined as an 
8automated people mover in the safety code of ASCE numbered 21 or 
9any successor safety code thereto of ASCE.

10"Conveyance." An elevator, dumbwaiter, escalator, moving 
11sidewalk, platform lift, stairway chairlift, automated people 
12mover, vertical and reciprocating conveyors, belt manlifts and 
13aerial passenger ropeways.

14"Department." The Department of Labor and Industry of the 
15Commonwealth.

16"Elevator." An installation defined as an elevator in the 
17safety codes of ASME numbered A17.1, A17.3, A17.7 or A18.1 or 
18any successor safety code thereto of ASME.

19"Elevator contractor." A sole proprietor, firm or 
20corporation that is engaged in the business of erecting, 
21constructing, installing, altering, servicing, repairing or 
22maintaining elevators or related conveyances covered by this 
23act.

24"Elevator mechanic." A person who is engaged in erecting, 
25constructing, installing, altering, servicing, repairing or 
26maintaining elevators or related conveyances covered by this 
27act.

28"Escalator." An installation defined as an escalator in the 
29safety code of ASME numbered A17.1 or any successor safety code 
30thereto of ASME.

1"License." A written license, issued by the Department of 
2Labor and Industry, authorizing a person, sole proprietor, firm 
3or corporation to carry on the business of erecting, 
4constructing, installing, altering, servicing, repairing or 
5maintaining of elevators or related conveyances covered by this 
6act.

7"Moving walk." An installation defined as a moving walk in
8the safety code of ASME A17.1 or any successor code thereto of
9ASME.

10"Repair." A repair as defined in the ASCE and the ASME 
11standards.

12CHAPTER 3

13LICENSING

14Section 301. License required.

15(a) Elevator mechanic license.--

16(1) No person shall erect, construct, alter, replace,
17maintain, remove or dismantle any conveyance contained within
18buildings or structures in this Commonwealth unless an
19elevator mechanic license has been issued to the person as
20described in this act, and the person is working under the
21direct supervision of a sole proprietor, firm or corporation
22that is an elevator contractor pursuant to this act.

23(2) No person shall wire any conveyance, from the
24mainline feeder terminals on the controller, in this
25Commonwealth unless an elevator mechanic license has been
26issued to the person as described in this act and the person
27is working under the direct supervision of a sole proprietor,
28firm or corporation that is an elevator contractor pursuant
29to this act.

30(3) No other license shall be required for work

1described under this subsection.

2(4) The direct supervision by a licensed elevator
3contractor shall not be required to remove or dismantle
4conveyances which are destroyed as a result of a complete
5demolition of a secured building or structure or where the
6hoistway or wellway is demolished back to the basic support
7structure whereby no access is permitted.

8(b) Contractor license.--No person shall engage in the
9business of erecting, constructing, installing, altering,
10servicing, testing, repairing or maintaining elevators or
11related conveyances covered by this act, unless a contractor
12license has been issued as provided in this act.

13Section 302. Issuance and renewal of licenses.

14(a) Issuance and renewal.--Upon approval of an application
15by the department, the department may issue a license which
16shall be renewable biennially. The fee for such license for any
17renewal thereafter shall be set by the department.

18(b) Emergencies.--

19(1) Whenever an emergency exists in this Commonwealth
20due to a disaster, an act of God or work stoppage and the
21number of persons in this Commonwealth holding licenses
22granted by the department is insufficient to cope with the
23emergency, elevator contractors shall respond as necessary to
24assure the safety of the public.

25(2) Any person certified by a licensed elevator
26contractor to have an acceptable combination of documented
27experience and education to perform elevator work without
28direct and immediate supervision shall seek an emergency
29elevator mechanic license from the department within five
30business days after commencing work requiring a license.

1(3) The department shall issue emergency elevator
2mechanic licenses.

3(4) The elevator contractor shall furnish proof of
4competency as the department may require.

5(5) Each license is valid for a period of 45 days from
6the date of issuance and for such particular elevators or
7geographical areas as the department may designate and
8otherwise shall entitle the licensee to the rights and
9privileges of an elevator mechanic license issued under this
10act.

11(6) The department shall renew an emergency elevator
12mechanic license during the existence of an emergency.

13(7) No fee shall be charged for any emergency elevator
14mechanic license or renewal thereof.

15(c) Labor shortage.--

16(1) An elevator contractor shall notify the department
17when there are no licensed personnel available to perform
18elevator work. The elevator contractor may request that the
19department issue temporary elevator mechanic licenses to
20persons certified by the licensed elevator contractor to have
21an acceptable combination of documented experience and
22education to perform elevator work without direct and
23immediate supervision.

24(2) Any person certified by an elevator contractor to
25have an acceptable combination of documented experience and
26education to perform elevator work without direct and
27immediate supervision shall immediately seek a temporary
28elevator mechanic license from the department and shall pay
29such fee as the department shall determine.

30(3) Each such license is valid for six months from the

1date of issuance and while employed by the licensed elevator
2contractor that certified the individual as qualified. It
3shall be renewable as long as the shortage of license holders
4shall continue.

5(d) Continuing education.--

6(1) The renewal of all licenses issued under this
7section shall be conditioned upon the submission of a
8certificate of completion of a course designed to ensure the
9continuing education of licensees on new and existing
10provisions of the regulations set forth by the department.

11(2) The course shall consist of at least eight hours of
12instruction that shall be attended and completed within one
13year immediately preceding any such license renewal.

14(e) Instruction.--

15(1) The courses shall be taught by instructors through
16continuing education providers that may include, but shall
17not be limited to, association seminars and labor training
18programs.

19(2) The department shall approve the continuing
20education providers. All instructors shall be approved by the
21department and be exempt from the requirements of subsection
22(d) with regard to their application for license renewal,
23provided that such applicant was qualified as an instructor
24at any time during the one year immediately preceding the
25scheduled date for such renewal.

26(f) Temporary disability.--

27(1) A licensee who is unable to complete the continuing
28education course required under this section prior to the
29expiration of his license due to a temporary disability may
30apply for a waiver from the department. The waiver shall be

1on a form provided by the department, which shall be signed
2under the penalty of perjury and accompanied by a certified
3statement from a competent physician attesting to the
4disability.

5(2) Upon the termination of the temporary disability,
6the licensee shall submit to the department a certified
7statement from the same physician, if practicable, attesting
8to the termination of the temporary disability.

9(3) Upon this termination, a waiver sticker valid for 90
10days shall be issued to the licensee and affixed to his
11license.

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

13(1) Approved training providers shall keep uniform
14records, for a period of ten years, of attendance of
15licensees following a format approved by the department, and
16such records shall be available for inspection by the
17department at its request.

18(2) Approved training providers shall maintain the
19security of all attendance records and certificates of
20completion, provided, however, that falsifying or knowingly
21allowing another to falsify such attendance records or
22certificates of completion shall constitute grounds for
23suspension or revocation of the approval required under this
24subsection.

25Section 303. Application for elevator contractor or mechanic
26license.

27(a) Elevator contractor.--A sole proprietor, firm or
28corporation wishing to engage in the business of conveyance
29installation, alteration, service, replacement or maintenance
30within this Commonwealth shall make application for a license

1with the department on a form provided by the department.

2(b) Elevator mechanic.--Any person wishing to engage in
3conveyance installation, alteration, service, replacement or
4maintenance within this Commonwealth shall make application for
5a license with the department on a form provided by the
6department.

7(c) Contents of application.--The applications shall contain
8information for the following provisions:

9(1) If the applicant is a person or sole proprietor, the
10name, residence and business address of the applicant.

11(2) If the applicant is a partnership, the name,
12residence and business address of each partner.

13(3) If the applicant is a domestic corporation, the name
14and business address of the corporation and the name and
15residence address of the principal officer of the
16corporation. If the applicant is a corporation other than a
17domestic corporation, the corporation shall include the name
18and address of its local agent who is to accept service of
19process and official notices.

20(4) The number of years the applicant has engaged in the
21business of installing, maintaining or servicing elevators or
22platform lifts.

23(5) The approximate number of persons, if any, to be
24employed by the elevator contractor applicant and, if
25applicable, satisfactory evidence that the employees are or
26will be covered by workers' compensation insurance.

27(6) Satisfactory evidence that the applicant is or will
28be covered by general liability, personal injury and property
29damage insurance.

30(7) Criminal record of convictions, if any, as verified

1by the Commissioner of State Police or other relevant law
2enforcement agency.

3(8) Such other information as the department may
4require.

5Section 304. Qualifications.

6(a) Elevator mechanics.--A mechanic license may not be
7granted to any person who has failed to demonstrate the
8qualifications and abilities required by this section.
9Applicants for a mechanic license must demonstrate an acceptable
10combination of documented experience and education credits,
11including:

12(1) Not less than three years' work experience in the
13elevator industry, construction, maintenance, service or
14repair, or any combination thereof, as verified by current
15and previous employers licensed to do business in this
16Commonwealth.

17(2) Satisfactory completion of a written examination
18administered by the department on the most recent referenced
19codes and standards.

20(b) Exceptions.--Any person shall be granted an elevator
21mechanic license without satisfying the requirements of
22subsection (a) by one of the following:

23(1) Furnishing the department with acceptable proof that
24the person has worked as an elevator constructor, maintenance
25or repair person. Upon making application for a license and
26paying the license fee, the person is entitled to receive a
27license without an examination. The person must have worked
28without direct and immediate supervision for an elevator
29contractor licensed to do business in this Commonwealth. This
30employment must not be less than three years immediately

1prior to the effective date of this section. A person seeking
2a license under the exception outlined in this paragraph must
3make application within one year of the effective date of
4this section.

5(2) Obtaining a certificate of completion of an
6apprenticeship for elevator mechanic program, having
7standards substantially equal to those of this chapter and
8registered with the Bureau of Apprenticeship and Training of
9the United States Department of Labor or the Pennsylvania
10State Apprenticeship Council.

11(3) Furnishing the department with acceptable proof of
12holding a valid license from a state having standards
13substantially equal to those of this act.

14(c) Elevator contractor.--An authorized applicant for an
15elevator contractor license must have in its employ no fewer
16than one licensed elevator mechanic who performs the work
17described in section 301(a).

18(d) Reciprocity.--A license may be issued to a sole
19proprietor, firm or corporation holding a valid license from a
20state having standards substantially equal to those of this
21chapter, upon application.

22Section 305. Hearing on charges and decision.

23(a) Notice.--No license shall be suspended or revoked until
24after a hearing before the department upon notice, served
25personally or by registered mail, to the licensee of at least
26ten days at the last known address appearing on the license. The
27notice shall state the date, hour and place of the hearing and
28include a statement of facts constituting the grounds for the
29charges against the licensee.

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

1license upon good cause shown or dismiss the proceeding.

2Section 306. Appeals.

3A person, sole proprietor, firm or corporation whose license
4is revoked or suspended may appeal from the determination to the
5department. The department shall hold a hearing within 30 days
6and provide 15 days' written notice to all interested parties.
7Within 30 days after the hearing, the department shall issue a
8decision.

9Section 307. Practice without license prohibited.

10(a) Offense defined.--It shall be unlawful for an individual
11to hold himself out to the public as an elevator contractor or
12elevator mechanic or to practice or offer to practice as an
13elevator contractor or elevator mechanic, unless the individual
14holds a valid, current license issued by the department.

15(b) Penalty.--A person who violates this section commits a
16misdemeanor of the third degree and shall, upon conviction, for
17a first offense, be sentenced to a fine not to exceed $1,000, or
18to imprisonment for not more than six months, or both. A second
19offense shall be subject to a fine not to exceed $2,000, or
20imprisonment for a term of six months to one year, or both.

21CHAPTER 5

22MISCELLANEOUS PROVISIONS

23Section 501. Regulations.

24The department shall promulgate regulations necessary to
25implement this act.

26Section 502. Construction.

27Whenever a provision in this act is found to be inconsistent
28with any provision of applicable laws, codes or regulations of
29this Commonwealth, the provisions of this act shall prevail.
30Unless specifically stated otherwise, this act is not intended

1to establish more stringent or more restrictive standards than
2standards specified in the applicable State law.

3Section 503. Applicability.

4(a) Private residence.--Nothing in this act shall apply to a
5private residence.

6(b) Certain lifting devices.--Nothing in this act shall
7apply to a lifting device regulated under the act of October 9,
82008 (P.L.1363, No.100), known as the Crane Operator Licensure
9Act, for which separate licensure is required.

10Section 504. Effective date.

11This act shall take effect as follows:

12(1) Section 301 shall take effect upon the effective
13date of regulations promulgated by the department under
14section 501 or in three years after the date of enactment,
15whichever is earlier.

16(2) The remainder of this act shall take effect
17immediately.