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A06039
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
1230
Session of
2024
INTRODUCED BY BAKER, MAY 29, 2024
AS AMENDED ON SECOND CONSIDERATION, SEPTEMBER 17, 2024
AN ACT
Amending the act of April 9, 1929 (P.L.177, No.175), entitled
"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 judicial administration; 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 Elevator Safety Board.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 2214.1(f) of the act of April 9, 1929
(P.L.177, No.175), known as The Administrative Code of 1929, is
amended to read:
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Section 2214.1. Elevator Safety Board.--* * *
(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 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.
(3) The board may grant exceptions and variances from the
requirements of applicable codes and standards 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.
(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.
(5) (i) Commencing July 1, 2025, the applicable elevator
code for the Commonwealth shall be the ASME A17.1-2016. THE
BOARD MAY RECOMMEND MODIFICATIONS TO ASME A17.1-2016 PRIOR TO
THE CODE TAKING EFFECT. ANY RECOMMENDED MODIFICATION SHALL BE
MADE TO THE DEPARTMENT OF LABOR AND INDUSTRY NO LATER THAN
DECEMBER 31, 2024. THE DEPARTMENT OF LABOR AND INDUSTRY SHALL
TRANSMIT NOTICE TO THE LEGISLATIVE REFERENCE BUREAU OF THE CODE
ALONG WITH THE MODIFICATIONS BY THE BOARD FOR PUBLICATION IN THE
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NEXT AVAILABLE ISSUE OF THE PENNSYLVANIA BULLETIN NO LATER THAN
MARCH 31, 2025.
(ii) For the purposes of this paragraph, the term "ASME"
shall mean the American Society of Mechanical Engineers.
(5) The board shall commence a review of the updated
sections twenty-one (21) months following the publication of a
new edition of the ASME A17.1 codes. The following shall apply:
(i) Each updated section subject to review under this
paragraph shall be examined by applying all of the following
criteria:
(A) The impact that the section may have upon the health,
safety and welfare of the public.
(B) The economic and financial impact of the section,
including impact on the end consumer.
(C) The technical feasibility of the section.
(ii) The board shall review the updated sections as follows:
(A) There shall be a one hundred twenty-day period to
receive comments from board members and the general public
regarding the updated sections and the period shall commence
thirty (30) days following the start of the board's review under
this paragraph. A notice of public comment shall be sent to the
Legislative Reference Bureau for publication in the next
available issue of the Pennsylvania Bulletin and on the
Department of Labor and Industry's publicly accessible Internet
website. In the absence of an Internet website, the notice of
public comment may be announced in any other manner that the
Secretary of Labor and Industry determines will provide
substantially similar public notice.
(B) All public comments shall be submitted on a form created
by the board. Each comment shall relate to a single updated
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section. The comment shall, at a minimum, specify the updated
section to which the comment relates, state whether the updated
section should be adopted, rejected or modified and specify the
rationale for the recommended action based on the criteria under
subparagraph (i). A proposed modification shall meet or exceed
the standards of the proposed updated section already in effect
or being reviewed and the proposed modification shall be within
the standards under review.
(C) All public comments submitted in accordance with clause
(A) shall be provided to all board members and posted on the
Department of Labor and Industry's publicly accessible Internet
website. In the absence of an Internet website, public comments
shall be provided in any other manner as the Secretary of Labor
and Industry determines will provide substantially similar
public notice. All public comments submitted in accordance with
clause (B) shall be reviewed individually by the board.
(D) After the expiration of the public comment period, the
board shall review all of the updated sections, regardless of
whether a public comment has been received. The board may also
review any related updated section, any existing section or any
related collective elevator code section as needed to ensure
consistency and effectiveness of the ASME A17.1 codes. Even if
an updated section has not received a public comment in
accordance with clause (A), a board member may select one or
more of the updated sections for individual consideration by the
board under clause (H)(II).
(E) For each updated section that receives a comment
recommending modification or rejection in accordance with clause
(B) or a member of the board has separately selected for
individual review by the board, the board chairman shall compile
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a list of the updated sections. Notwithstanding any other
provision of this clause, updated sections that do not receive a
comment recommending modification or rejection in accordance
with clause (B) and that a member of the board has not
separately selected for individual review by the board shall be
noted in a separate list as unopposed.
(F) The lists compiled under clause (E) shall be posted on
the Department of Labor and Industry's publicly accessible
Internet website or, in the absence of an Internet website, in
any other manner as the Secretary of Labor and Industry
determines will provide substantially similar public notice.
Lists shall be posted at least ten (10) business days prior to
holding the first hearing under this paragraph.
(G) After compilation of the lists under clause (E), the
board shall hold at least three public hearings. One of the
public hearings shall be held in Harrisburg, one shall be held
in the eastern region of this Commonwealth and one shall be held
in the western region of this Commonwealth.
(H) After completion of the hearings, the board shall hold
one or more official meetings of the board to decide whether to
adopt, reject or modify the updated sections and any related
section identified in clause (D). The following shall apply:
(I) The board shall consider and vote on the unopposed
sections as a group. Prior to a vote on the unopposed sections
as a group, the board shall first consider any motion made by a
board member to exclude a section from the unopposed group. A
motion to exclude shall only be in order if it is supported by
written explanation, made available to the board, describing new
information not considered by the board previously and the
underlying rationale for the motion. If the motion is supported
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by a two-thirds majority of the board membership, that section
shall be removed from the unopposed group. Unopposed sections
that remain as part of the group, after consideration of motions
to exclude sections, shall be adopted by a majority vote of the
board members. If the unopposed sections fail to be adopted by a
majority vote, the board shall conduct a subsequent vote to
reject the unopposed sections by a two-thirds majority vote of
the board members. If the board fails to reject the unopposed
sections by a two-thirds majority vote, the unopposed sections
shall be adopted. All unopposed sections that are rejected as a
group or successfully excluded from the group shall be subject
to the procedure specified in subclause (II).
(II) Except for the unopposed sections, a two-thirds
majority of the board members is required for adoption or
modification of the updated sections. The board may vote on the
updated sections individually or in groups. A modification shall
meet or exceed the standards of the section in effect or being
reviewed and shall be within the standards under review.
(iii) The board shall submit a report to the Secretary of
Labor and Industry within the twenty-four-month period following
the commencement of the review process by the board with
sections of the updated ASME A17.1 codes and additional codes
that are specified for adoption or modification. The sections of
the codes that are specified for adoption or modification shall
be separately designated in the report.
(iv) Notwithstanding any other provision of law, nine (9)
months after the receipt of the report under subparagraph (iii),
the Department of Labor and Industry shall promulgate final-
omitted regulations under the act of June 25, 1982 (P.L.633,
No.181), known as the "Regulatory Review Act," to adopt the
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board's decisions contained in the report without change.
(v) For the purposes of this paragraph, the term "ASME"
shall mean the American Society of Mechanical Engineers.
Section 2. Any provision of law relating to the adoption of
standards for elevators or other lifting devices in this
Commonwealth in the act of November 10, 1999 (P.L.491, No.45),
known as the Pennsylvania Construction Code Act, are repealed
insofar as they are inconsistent with this act.
Section 2 3. This act shall take effect immediately.
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