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PRINTER'S NO. 1300
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 AND SCAVELLO,
OCTOBER 31, 2017
REFERRED TO LABOR AND INDUSTRY, OCTOBER 31, 2017
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 Industrial Board and establishing the
Elevator Safety Board.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
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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 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."
(6) The act of May 27, 1937 (P.L.926, No.249), referred to
as the Bedding and Upholstery Law.
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(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."
(13) Any other acts assigned by the Secretary of Labor and
Industry.
Section 2. 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
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.
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(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.
(8) A municipality.
(9) The general public.
(c) Within thirty (30) days of the effective date of this
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.
(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 expenses necessarily incurred by them in the
performance of 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 and at times as it is deemed
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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.
(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
to accept, reject or modify the International Code Council code
being reviewed.
(3) 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) The board may grant exceptions and variances from the
requirements of applicable codes and standards, regulations or
municipal ordinances if the changes would not jeopardize the
safety and welfare of the general public or individuals employed
in the elevator industry.
(5) The board may hold hearings and hear appeals on matters
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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. 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 4. This act shall take effect as follows:
(1) The amendment of section 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.
(2) The remainder of this act shall take effect in 60
days.
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