Text: HSB00117                          Text: HSB00119
Text: HSB00100 - HSB00199               Text: HSB Index
Bills and Amendments: General Index     Bill History: General Index

House Study Bill 118

Bill Text

PAG LIN
  1  1    Section 1.  Section 89A.1, subsection 5, Code 1997, is
  1  2 amended to read as follows:
  1  3    5.  "Dormant facility" means an one of the following named
  1  4 facilities for which the power feed lines have been
  1  5 disconnected from the mainline disconnect switch and for which
  1  6 the following circumstances are present:
  1  7    a.  An electric elevator, or dumbwaiter, wheelchair lift,
  1  8 or material lift whose cables suspension ropes have been
  1  9 removed, whose car and counterweight rest at the bottom of the
  1 10 shaftway hoistway, and whose shaftway hoistway doors are have
  1 11 been permanently boarded up or barricaded such that entry into
  1 12 the shaft through each door or other entryway is substantially
  1 13 precluded, or an sealed in the closed position on the hoistway
  1 14 side.
  1 15    b.  A hydraulic elevator, dumbwaiter, wheelchair lift, or
  1 16 material lift whose car rests at the bottom of the hoistway;
  1 17 and, when provided with suspension ropes and counterweights,
  1 18 whose suspension ropes have been removed, whose counterweight
  1 19 rests at the bottom of the hoistway; and whose hoistway doors
  1 20 are permanently barricaded or sealed in the closed position on
  1 21 the hoistway side.
  1 22    c.  An escalator, or moving walk, or lift, the main power
  1 23 feed lines of which have been disconnected, and the top and
  1 24 bottom whose entrances of which have been permanently boarded
  1 25 up or barricaded.
  1 26    Sec. 2.  Section 89A.1, Code 1997, is amended by adding the
  1 27 following new subsection:
  1 28    NEW SUBSECTION.  12A.  "Installer" means a person
  1 29 constructing, installing, repairing, or maintaining a
  1 30 facility.
  1 31    Sec. 3.  Section 89A.3, subsection 1, Code 1997, is amended
  1 32 by adding the following new paragraph:
  1 33    NEW PARAGRAPH.  l.  Procedures for installers.
  1 34    Sec. 4.  Section 89A.3, subsection 2, Code 1997, is amended
  1 35 to read as follows:
  2  1    2.  Insofar as applicable, rules adopted for facilities
  2  2 installed after January 1, 1975, shall be based on the
  2  3 American National Standard Safety Code for Elevators,
  2  4 Dumbwaiters, Escalators, and Moving Walks, and supplements to
  2  5 the Code, A17.1.  The commissioner shall adopt rules for
  2  6 facilities installed prior to January 1, 1975, according to
  2  7 the applicable provisions of such the American National
  2  8 Standard Safety Code society of mechanical engineers safety
  2  9 codes for elevators and escalators, A17.1 and A17.3, as the
  2 10 commissioner deems necessary.  In adopting rules the
  2 11 commissioner may adopt the American National Standard Safety
  2 12 Code society of mechanical engineers safety codes, or any part
  2 13 of the Code codes, by reference.  The commissioner may adopt
  2 14 rules permitting existing passenger and freight elevators to
  2 15 be modified into material lift elevators.
  2 16    Sec. 5.  Section 89A.3, subsection 3, Code 1997, is amended
  2 17 by striking the subsection and inserting in lieu thereof the
  2 18 following:
  2 19    3.  A rule adopted pursuant to this section which adopts
  2 20 standards by reference to another publication shall be exempt
  2 21 from the requirements of section 17A.6, subsection 4, if all
  2 22 of the following conditions exist:
  2 23    a.  The cost of the publication is an unreasonable expense
  2 24 when compared to the anticipated usage of the publication.
  2 25    b.  A copy of the publication is available from an entity
  2 26 located within the state capitol complex.
  2 27    c.  The rule identifies the location where the publication
  2 28 is available.
  2 29    d.  The administrative rules coordinator approves the
  2 30 exemption.
  2 31    Sec. 6.  Section 89A.5, Code 1997, is amended to read as
  2 32 follows:
  2 33    89A.5  REGISTRATION OF FACILITIES.
  2 34    Within three months after the date of adoption of rules
  2 35 under this chapter relating to registration of facilities, the
  3  1 The owner of every existing facility, whether or not dormant,
  3  2 and the installer of every facility installed on or after the
  3  3 effective date of this Act shall register each such facility
  3  4 with the commissioner, giving type, contract load and speed,
  3  5 name of manufacturer, its location and the purpose for which
  3  6 it is used, and such other information as the commissioner may
  3  7 require.  Registration shall be made on a form to be furnished
  3  8 by the division upon request.  Facilities the construction of
  3  9 which is commenced subsequent to the date of adoption of those
  3 10 rules shall be registered in the manner prescribed by the
  3 11 commissioner.
  3 12    Sec. 7.  Section 89A.6, subsection 5, Code 1997, is amended
  3 13 to read as follows:
  3 14    5.  A report of every inspection shall be filed with the
  3 15 commissioner by the inspector or special inspector, on a form
  3 16 approved by and containing all information required by the
  3 17 commissioner, after the inspection has been completed and
  3 18 within the time provided by rule, but not to exceed thirty
  3 19 days.  The report shall include all information required by
  3 20 the commissioner to determine whether the owner or installer
  3 21 of the facility has complied with applicable rules.  For the
  3 22 inspection required by subsection 1, the report shall indicate
  3 23 whether the facility has been installed in accordance with the
  3 24 detailed plans and specifications approved by the
  3 25 commissioner, and meets the requirements of the applicable
  3 26 rules.  The failure of a special inspector to inform the
  3 27 commissioner of violations shall not subject the commissioner
  3 28 to liability for any damages incurred.
  3 29    Sec. 8.  Section 89A.7, Code 1997, is amended to read as
  3 30 follows:
  3 31    89A.7  ALTERATION PERMITS.
  3 32    On and after the effective date of rules relating to
  3 33 alterations, The owner or installer shall submit detailed
  3 34 plans of each facility to be altered shall be submitted to the
  3 35 commissioner, together with an application for an alteration
  4  1 permit, on forms to be furnished or approved by the
  4  2 commissioner.  Repairs or replacements necessary for normal
  4  3 maintenance are not alterations, and may be made on existing
  4  4 installations with parts equivalent in material, strength and
  4  5 design to those replaced and no plans or specifications or
  4  6 application need be filed for such repairs or replacements.
  4  7 However, nothing in this section shall authorize the use of
  4  8 any facility contrary to an order issued pursuant to section
  4  9 89A.10, subsections 2 and 3.
  4 10    Sec. 9.  Section 89A.8, unnumbered paragraph 3, Code 1997,
  4 11 is amended to read as follows:
  4 12    Plans shall be submitted The owner or installer shall
  4 13 submit plans in triplicate and shall be accompanied by
  4 14 together with an application for the permit on a form to be
  4 15 furnished by the commissioner.  The plans shall include:
  4 16    Sec. 10.  Section 89A.10, subsection 1, Code 1997, is
  4 17 amended to read as follows:
  4 18    1.  If an inspection report indicates a failure to comply
  4 19 with applicable rules, or with the detailed plans and
  4 20 specifications approved by the commissioner, the commissioner
  4 21 may, upon giving notice, order the owner thereof or installer
  4 22 to make the changes necessary for compliance.
  4 23    Sec. 11.  Section 89A.10, subsection 2, unnumbered
  4 24 paragraph 1, Code 1997, is amended to read as follows:
  4 25    If the owner or installer does not make the changes
  4 26 necessary for compliance as required in subsection 1 within
  4 27 the period specified by the commissioner, the commissioner,
  4 28 upon notice, may suspend or revoke the operating permit, or
  4 29 may refuse to issue the operating permit for the facility.
  4 30 The commissioner shall notify the owner or installer of any
  4 31 action to suspend, revoke, or refuse to issue an operating
  4 32 permit and the reason for the action by certified mail.  An
  4 33 owner or installer may appeal the commissioner's initial
  4 34 decision.  The appeal shall be heard by an administrative law
  4 35 judge of the department of inspections and appeals.  An owner
  5  1 or installer who, after a hearing before an administrative law
  5  2 judge, is aggrieved by a suspension, revocation, or refusal to
  5  3 issue an operating permit may appeal to the employment appeal
  5  4 board created under section 10A.601.  Notice of appeal shall
  5  5 be filed with the appeal board within thirty calendar days
  5  6 from receipt of the notice of the commissioner's action.
  5  7    Sec. 12.  Section 89A.10, subsection 3, Code 1997, is
  5  8 amended to read as follows:
  5  9    3.  If the commissioner has reason to believe that the
  5 10 continued operation of a facility constitutes an imminent
  5 11 danger which could reasonably be expected to seriously injure
  5 12 or cause death to members of the public, or if the facility
  5 13 continues to operate without the changes made which were
  5 14 ordered by the commissioner, the commissioner may apply to the
  5 15 district court in the county in which such imminently
  5 16 dangerous condition the facility exists for a temporary order
  5 17 for the purpose of enjoining such imminently dangerous
  5 18 continued operation of the facility.  Upon hearing, if deemed
  5 19 appropriate by the court, a permanent injunction may be issued
  5 20 to insure that such imminently dangerous operation of the
  5 21 facility be prevented or controlled.  Upon compliance or upon
  5 22 the elimination or rectification of such imminently the
  5 23 dangerous condition, the temporary or permanent injunction
  5 24 shall be vacated.
  5 25    Sec. 13.  Section 89A.12, Code 1997, is amended to read as
  5 26 follows:
  5 27    89A.12  ACCESS TO FACILITIES.
  5 28    Every owner or installer of a facility subject to
  5 29 regulation by this chapter shall grant access to that facility
  5 30 to the commissioner and personnel of the division of labor
  5 31 services administering the provisions of this chapter.
  5 32 Inspections shall be permitted at reasonable times, with or
  5 33 without prior notice.
  5 34    Sec. 14.  Section 89A.13, Code 1997, is amended to read as
  5 35 follows:
  6  1    89A.13  FEES.
  6  2    The commissioner, pursuant to chapter 17A, shall adopt
  6  3 rules to charge and collect fees for inspection, permits, and
  6  4 licenses.  Fees may be set by rule not more than once each
  6  5 year, and shall be effective from the first day of January
  6  6 next following the date of adoption of the rule.  Fees
  6  7 established by the commissioner shall be based upon the costs
  6  8 of administering this chapter, and shall give due regard to
  6  9 the time spent by personnel of the division in performing
  6 10 duties, and to any travel expenses incurred.  Before adopting
  6 11 any rule to establish or increase any fees for inspection,
  6 12 permits, or licenses, the commissioner shall hold a public
  6 13 hearing on the proposed rule or amendment.
  6 14    Sec. 15.  Section 89A.17, subsection 1, Code 1997, is
  6 15 amended to read as follows:
  6 16    1.  Any owner or installer who violates any of the
  6 17 provisions of this chapter shall be guilty of a simple
  6 18 misdemeanor, unless otherwise specifically provided in this
  6 19 chapter.
  6 20    Sec. 16.  Section 89A.18, Code 1997, is amended to read as
  6 21 follows:
  6 22    89A.18  CIVIL PENALTY.
  6 23    If upon notice and hearing the commissioner determines that
  6 24 an owner or installer has operated a facility after an order
  6 25 of the commissioner that suspends, revokes, or refuses to
  6 26 issue an operating permit for the facility has become final
  6 27 under section 89A.10, subsection 2, the commissioner may
  6 28 assess a civil penalty against the owner or installer in an
  6 29 amount not exceeding five hundred dollars, as determined by
  6 30 the commissioner.  An order assessing a civil penalty is
  6 31 subject to appeal and judicial review under section 89A.10,
  6 32 subsection 2, in the same manner and to the same extent as
  6 33 decisions referred to in that subsection.  The commissioner
  6 34 may commence an action in the district court to enforce
  6 35 payment of the civil penalty.  No record of assessment against
  7  1 or payment of a civil penalty by any person for a violation of
  7  2 this section shall be admissible as evidence in any court in
  7  3 any civil action.  Revenue from the penalty provided in this
  7  4 section shall be remitted to the treasurer of state for
  7  5 deposit in the state general fund.  
  7  6                           EXPLANATION
  7  7    This bill expands the regulatory authority of the labor
  7  8 commissioner over elevator installation and elevator
  7  9 installers.  The bill authorizes the labor commissioner to
  7 10 adopt rules regulating elevator installers, who are defined as
  7 11 a person constructing, installing, repairing, or maintaining a
  7 12 facility.
  7 13    Elevator installers are given greater responsibility for
  7 14 ensuring that a facility meets registration and inspection
  7 15 requirements.  The installer is required to register new
  7 16 facilities, and the owner or the installer must submit
  7 17 facility plans and permit applications to the commissioner,
  7 18 and, if the commissioner orders changes for a facility, the
  7 19 owner or the installer must take action to comply or the
  7 20 commissioner may apply to the district court to shut down,
  7 21 either temporarily or permanently, the facility.  Under
  7 22 current law, the commissioner can only apply to the district
  7 23 court enjoining continued operation of an elevator when the
  7 24 elevator owner continues to operate an elevator after the
  7 25 department issues an order to make changes.
  7 26    The bill provides that, like an owner, an installer who
  7 27 violates any of the provisions of the chapter is guilty of a
  7 28 simple misdemeanor, and may be assessed a civil penalty of not
  7 29 more than $500.
  7 30    The definition of "dormant facility" is amended to include
  7 31 hydraulic elevators and wheelchair lifts.  The bill updates
  7 32 the name change from American National Standard Safety Code to
  7 33 the American Society of Mechanical Engineers Safety Code.
  7 34    The bill also exempts, if certain conditions are met, the
  7 35 division of labor services from a requirement that agencies
  8  1 adopting standards by reference to another publication
  8  2 purchase and provide a copy of the publication containing the
  8  3 standards to the administrative rules coordinator, who
  8  4 deposits the copy in the state law library.
  8  5    Finally, the bill strikes language requiring the
  8  6 commissioner to hold a public hearing before adopting any rule
  8  7 to establish or increase fees.  The language struck is
  8  8 redundant, as the Iowa Administrative Procedure Act, chapter
  8  9 17A of the Code, requires agencies to make rules available for
  8 10 public inspection before the rules become valid.  
  8 11 LSB 1306DP 77
  8 12 kh/sc/14.1
     

Text: HSB00117                          Text: HSB00119
Text: HSB00100 - HSB00199               Text: HSB Index
Bills and Amendments: General Index     Bill History: General Index

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