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PAG LIN 1 1 Section 1. NEW SECTION. 89A.101 SHORT TITLE. 1 2 This chapter may be cited as the "Iowa State Elevator 1 3 Code". 1 4 Sec. 2. NEW SECTION. 89A.102 EQUIPMENT COVERED BY THIS 1 5 CHAPTER. 1 6 1. This chapter covers the design, construction, 1 7 operation, inspection, testing, maintenance, alteration, and 1 8 repair of the following equipment, its associated parts, and 1 9 its hoistways, except as excluded by section 89A.103: 1 10 a. Hoisting and lowering mechanisms equipped with a car or 1 11 platform, which move between two or more landings. This 1 12 equipment includes, but is not limited to, elevators and 1 13 platform lifts and stairway chairlifts. 1 14 b. Power-driven stairways and walkways for carrying 1 15 persons between landings. This equipment includes, but is not 1 16 limited to, escalators and moving walks. 1 17 c. Hoisting and lowering mechanisms equipped with a car, 1 18 which serve two or more landings and are restricted to the 1 19 carrying of material by limited size or limited access to the 1 20 car. This equipment includes, but is not limited to, 1 21 dumbwaiters and material lifts and dumbwaiters with automatic 1 22 transfer devices. 1 23 2. This chapter covers the design, construction, 1 24 operation, inspection, testing, maintenance, alteration, and 1 25 repair of automatic guided transit vehicles on guideways with 1 26 an exclusive right-of-way. This equipment includes, but is 1 27 not limited to, automated people movers. 1 28 Sec. 3. NEW SECTION. 89A.103 EQUIPMENT NOT COVERED BY 1 29 THIS CHAPTER. 1 30 Equipment not covered by this chapter includes, but is not 1 31 limited to, the following: 1 32 1. Personnel hoists within the scope of ANSI standard 1 33 A10.4. 1 34 2. Material hoists within the scope of ANSI standard 1 35 A10.5. 2 1 3. Manlifts within the scope of ASME standard A90.1. 2 2 4. Mobile scaffolds, towers, and platforms within the 2 3 scope of ANSI standard A92. 2 4 5. Powered platforms and equipment for exterior and 2 5 interior maintenance within the scope of ANSI standard 120.1. 2 6 6. Conveyors and related equipment within the scope of 2 7 ASME standard B20.1. 2 8 7. Cranes, derricks, hoists, hooks, jacks, and slings 2 9 within the scope of ASME standard B30. 2 10 8. Industrial trucks within the scope of ASME standard 2 11 B56. 2 12 9. Portable equipment, except for portable escalators 2 13 within the scope of ANSI standard A17.1. 2 14 10. Tiering or piling machines used to move materials to 2 15 and from storage located and operating entirely within one 2 16 story. 2 17 11. Equipment for feeding or positioning materials at 2 18 machine tools and printing presses. 2 19 12. Skip or furnace hoists. 2 20 13. Wharf ramps. 2 21 14. Railroad car lifts or dumpers. 2 22 15. Line jacks, false cars, shafters, moving platforms, 2 23 and similar equipment used for installing an elevator by a 2 24 contractor licensed in this state. 2 25 Sec. 4. NEW SECTION. 89A.104 PURPOSE. 2 26 1. The purpose of this chapter shall be to provide for the 2 27 safety of employees and the public and to promote public 2 28 safety awareness concerning the use of lifting devices. 2 29 Elevator personnel performing work covered by this chapter 2 30 shall possess documented training or experience or both, and 2 31 be familiar with the operation and safety functions of the 2 32 components and equipment. Such training and experience shall 2 33 include, but not be limited to, recognizing the safety hazards 2 34 and performing the procedures to which they are assigned in 2 35 conformance with the requirements of this chapter. This 3 1 chapter establishes the minimum standards for elevator 3 2 personnel. 3 3 2. The provisions of this chapter are not intended to 3 4 prevent the use of systems, methods, or devices of equivalent 3 5 or superior quality, strength, fire resistance, code 3 6 effectiveness, durability, and safety to those required by 3 7 this chapter, provided that there is technical documentation 3 8 to demonstrate the equivalency of the system, method, or 3 9 device, as prescribed in ASME standard A17.1, ASME standard 3 10 A18.1, or ASCE standard 21. 3 11 Sec. 5. NEW SECTION. 89A.105 DEFINITIONS. 3 12 1. "ANSI" means the American national standards institute. 3 13 2. "ASCE" means the American society of civil engineers. 3 14 3. "ASME" means the American society of mechanical 3 15 engineers. 3 16 4. "Automated people mover" means an installation defined 3 17 as an automated people mover in ASCE standard 21. 3 18 5. "Board" means the elevator safety review board as 3 19 created in this chapter. 3 20 6. "Certificate of operation" means a document issued by 3 21 the commissioner that indicates that the conveyance has had 3 22 the required safety inspections and tests and fees have been 3 23 paid as set forth in this chapter. 3 24 7. "Certificate of operation – temporary" means a 3 25 document issued by the commissioner which permits the 3 26 temporary use of a noncompliant conveyance by the general 3 27 public for a limited time of thirty days or less while minor 3 28 repairs to the conveyance are being completed. 3 29 8. "Commissioner" means the labor commissioner, appointed 3 30 pursuant to section 91.2, or the labor commissioner's 3 31 designee. 3 32 9. "Conveyance" means an elevator, dumbwaiter, escalator, 3 33 moving sidewalk, platform lifts, stairway chairlifts, and 3 34 automated people movers. 3 35 10. "Dormant elevator, dumbwaiter, or escalator" means an 4 1 installation placed out of service as specified in ASME 4 2 standard A17.1 and ASME standard A18.1. 4 3 11. "Elevator" means an installation defined as an 4 4 elevator in ASME standard A17.1. 4 5 12. "Elevator contractor" means a person who possesses an 4 6 elevator contractor's license in accordance with the 4 7 provisions of sections 89A.110 and 89A.111 and who is engaged 4 8 in the business of erecting, constructing, installing, 4 9 altering, servicing, repairing, replacing, maintaining, 4 10 removing, or dismantling elevators or related conveyances 4 11 covered by this chapter. 4 12 13. "Elevator helper or apprentice" means a person who 4 13 performs work under the general direction of a licensed 4 14 elevator mechanic and is not required to be licensed. 4 15 14. "Elevator inspector" means a person who possesses an 4 16 elevator inspector's license in accordance with the provisions 4 17 of sections 89A.110 and 89A.111 and who engages in the 4 18 business of inspecting elevators or related conveyances 4 19 covered by this chapter. 4 20 15. "Elevator mechanic" means a person who possesses an 4 21 elevator mechanic license in accordance with the provisions of 4 22 sections 89A.110 and 89A.111 and who is engaged in erecting, 4 23 constructing, installing, altering, servicing, repairing, 4 24 replacing, or maintaining elevators or related conveyances 4 25 covered by this chapter. 4 26 16. "Escalator" means an installation defined as an 4 27 escalator in ASME standard A17.1. 4 28 17. "Existing installation" means an installation defined 4 29 as an existing installation in ASME standard A17.1. 4 30 18. "License" means a written license, duly issued by the 4 31 commissioner, authorizing a person to carry on the business of 4 32 erecting, constructing, installing, altering, servicing, 4 33 repairing, or maintaining, or performing inspections of 4 34 elevators or related conveyances covered by this chapter. 4 35 19. "Material alteration" means an alteration as defined 5 1 in the applicable standards. 5 2 20. "Moving walk or sidewalk" means an installation 5 3 defined as a moving walk in ASME standard A17.1. 5 4 21. "Person" means an individual, corporation, limited 5 5 liability company, government or governmental subdivision or 5 6 agency, business trust, estate, trust, partnership or 5 7 association, or any other legal entity. 5 8 22. "Private residence" means a separate dwelling or a 5 9 separate apartment in a multiple dwelling, which is occupied 5 10 by members of a single-family unit. 5 11 23. "Repair" means a repair as defined in the applicable 5 12 standards and that does not require a permit. 5 13 24. "Temporarily dormant elevator, dumbwaiter, or 5 14 escalator" means an installation whose power supply has been 5 15 disconnected by removing fuses and placing a padlock on the 5 16 mainline disconnect switch in the off position with the car 5 17 parked and the hoistway doors in the closed and latched 5 18 position. A wire seal shall be installed on the mainline 5 19 disconnect switch by a licensed elevator inspector. This 5 20 installation shall not be used again until it has been put in 5 21 safe running order and is in condition for use. Annual 5 22 inspections shall continue for the duration of the temporarily 5 23 dormant status by a licensed elevator inspector. "Temporarily 5 24 dormant" status shall be renewable on an annual basis, and 5 25 shall not exceed a five-year period. The inspector shall file 5 26 a report with the commissioner describing the current 5 27 conditions. The wire seal and padlock shall not be removed 5 28 for any purpose without permission from the elevator 5 29 inspector. 5 30 All other building transportation terms as defined in the 5 31 latest edition of ASME standard A17.1 and ASME standard A18.1 5 32 are adopted by reference. 5 33 Sec. 6. NEW SECTION. 89A.106 LICENSE REQUIRED. 5 34 1. A person shall not erect, construct, install, alter, 5 35 service, repair, replace, maintain, remove, or dismantle any 6 1 conveyance contained within buildings or structures in this 6 2 state unless the person is a licensed elevator mechanic and is 6 3 working under the direct supervision of a licensed elevator 6 4 contractor pursuant to this chapter. A person shall not wire 6 5 any conveyance from the mainline feeder terminals on the 6 6 controller, in this state unless the person is a licensed 6 7 elevator mechanic and is working under the direct supervision 6 8 of a licensed elevator contractor pursuant to this chapter. 6 9 No other license shall be required for this work. A licensed 6 10 elevator contractor is not required to remove or dismantle 6 11 conveyances, which are destroyed as a result of the complete 6 12 demolition of a secured building or structure or where the 6 13 hoistway or wellway is demolished back to the basic support 6 14 structure where no access is permitted to endanger the safety 6 15 and welfare of a person. 6 16 2. A person shall not inspect any conveyance within 6 17 buildings or structures, including but not limited to private 6 18 residences, unless that person is a licensed elevator 6 19 inspector. 6 20 Sec. 7. NEW SECTION. 89A.107 ELEVATOR SAFETY REVIEW 6 21 BOARD. 6 22 1. An elevator safety review board is created, consisting 6 23 of nine members, one of whom shall be the commissioner of 6 24 labor or the commissioner's designee, and one of whom shall be 6 25 the director of the department of inspections and appeals or 6 26 the director's designee. The governor shall appoint the 6 27 remaining seven members of the board, subject to senate 6 28 confirmation as follows: one representative from a major 6 29 elevator manufacturing company or its authorized 6 30 representative; one representative from an elevator servicing 6 31 company; one representative from the architectural design or 6 32 elevator consulting profession; one representative from the 6 33 general public; one representative from a municipality in the 6 34 state; one representative from a building owner or manager; 6 35 and one representative of labor involved in the installation, 7 1 maintenance, and repair of elevators. 7 2 2. The members constituting the board shall serve for 7 3 terms of three years, excluding the director of the department 7 4 of inspections and appeals or the director's designee, and the 7 5 commissioner of labor or the commissioner's designee, who 7 6 shall serve continuously. The members shall serve without 7 7 salary. Each board member shall be reimbursed for actual and 7 8 necessary travel and expenses incurred in performance of their 7 9 duties. The governor shall appoint one of the members to 7 10 serve as chair and the chair shall be the deciding vote in the 7 11 event of a tie vote. 7 12 Sec. 8. NEW SECTION. 89A.108 MEETINGS OF THE BOARD. 7 13 The board shall meet and organize within ten days after the 7 14 appointment of its members and at such meeting shall elect one 7 15 member to be secretary of the board to serve during the term 7 16 to be fixed by the rules to be adopted by the board. The 7 17 board shall meet regularly once each month at a time and place 7 18 to be fixed by the board and at such times as the board deems 7 19 necessary for the consideration of code regulations, appeals, 7 20 variances, and for the transaction of such other business as 7 21 may properly come before the board. Special meetings shall be 7 22 called as provided in the rules. 7 23 Sec. 9. NEW SECTION. 89A.109 POWERS OF THE BOARD. 7 24 1. The board may consult engineering authorities and 7 25 organizations concerned with standard safety codes, rules, and 7 26 regulations governing the operation, maintenance, servicing, 7 27 construction, alteration, installation, and inspection of 7 28 elevators, dumbwaiters, escalators, moving sidewalks, platform 7 29 lifts and stairway chairlifts, and automated people movers, 7 30 and the qualifications which are adequate, reasonable, and 7 31 necessary for licensed elevator mechanics, contractors, and 7 32 inspectors. The board may recommend the amendments of 7 33 applicable legislation, when appropriate, to the general 7 34 assembly. 7 35 2. The board shall adopt rules pursuant to chapter 17A 8 1 governing the regulation of equipment pursuant to this 8 2 chapter. The rules shall include the safety code for 8 3 elevators and escalators, ASME standard A17.1; the safety code 8 4 for existing elevators and escalators, ASME standard A17.3; 8 5 the safety standards for platform lifts and stairway 8 6 chairlifts, ASME standard A18.1; the standards for the 8 7 qualification of elevator inspectors, ASME standards QEI-1; 8 8 and standards for automated people movers, ASCE standard 21. 8 9 The board shall adopt by rule the latest editions of the 8 10 applicable standards within six months of the effective date 8 11 of the standards. Any modifications to the standards, that 8 12 the board deems necessary, shall be justified in writing by 8 13 the board. 8 14 3. The board may grant exceptions and variances from the 8 15 literal requirements of applicable code and standards, 8 16 regulations, or local legislation in cases where such 8 17 variances would not jeopardize the safety and welfare of the 8 18 public. The board may hear appeals, hold hearings, and issue 8 19 decisions in accordance with the requirements of chapter 17A. 8 20 4. The board shall establish fee schedules for licenses, 8 21 permits, certificates, and inspections. The fees shall 8 22 reflect the actual costs and expenses necessary to operate the 8 23 board and to perform the duties of the commissioner as 8 24 described in this chapter. 8 25 Sec. 10. NEW SECTION. 89A.110 APPLICATION FOR ELEVATOR 8 26 CONTRACTOR'S, MECHANIC'S, OR INSPECTOR'S LICENSE. 8 27 1. ELEVATOR CONTRACTOR. A person who wishes to engage in 8 28 the business of erecting, constructing, installing, altering, 8 29 servicing, repairing, replacing, maintaining, removing, or 8 30 dismantling elevators or related conveyances covered by this 8 31 chapter within this state shall apply to the commissioner for 8 32 an elevator contactor's license on a form provided by the 8 33 commissioner. 8 34 2. ELEVATOR MECHANIC. A person who wishes to engage in 8 35 erecting, constructing, installing, altering, servicing, 9 1 repairing, replacing, maintaining, removing, or dismantling 9 2 elevators or related conveyances covered by this chapter 9 3 within this state shall apply to the commissioner for an 9 4 elevator mechanic's license on a form provided by the 9 5 commissioner. 9 6 3. ELEVATOR INSPECTOR. A person who wishes to engage in 9 7 the business of inspecting elevators or related conveyances 9 8 covered by this chapter within this state, upon proof of ASME 9 9 QEI certification, shall apply to the commissioner for an 9 10 elevator inspector's license on a form provided by the 9 11 commissioner. 9 12 4. CONTENT OF APPLICATION. The applications shall contain 9 13 the following information: 9 14 a. If the applicant is a sole proprietor, the name, 9 15 residence address, and business address of the applicant. 9 16 b. If the applicant is a partnership, the name, residence 9 17 address, and business address of each partner. 9 18 c. If the applicant is a domestic corporation, the name 9 19 and business address of the corporation, and the name and 9 20 residence address of the principal officer of the corporation. 9 21 If a corporation is not a domestic corporation, the name and 9 22 address of an agent located within this state who is 9 23 authorized to accept service of process or official notice. 9 24 d. The number of years the applicant has engaged in the 9 25 business of erecting, constructing, installing, altering, 9 26 repairing, servicing, replacing, inspecting, maintaining, 9 27 removing, or dismantling elevators or related conveyances 9 28 covered by this chapter. 9 29 e. The approximate number of individuals, if any, to be 9 30 employed by the elevator contractor applicant, and if 9 31 applicable, satisfactory evidence that the employees are or 9 32 will be covered by workers' compensation insurance. 9 33 f. Satisfactory evidence that the applicant is or will be 9 34 covered by general liability, personal injury, and property 9 35 damage insurance. 10 1 g. Criminal convictions, if any, of the applicant as 10 2 verified by the division of criminal investigation of the 10 3 department of public safety. 10 4 h. Such other information as the commissioner may require. 10 5 Sec. 11. NEW SECTION. 89A.111 QUALIFICATIONS OF ELEVATOR 10 6 MECHANIC. 10 7 1. An elevator mechanic's license shall be granted to an 10 8 applicant who demonstrates either of the following: 10 9 a. An acceptable combination of documented experience and 10 10 education credits including: 10 11 (1) Not less than three years' work experience in the 10 12 elevator industry, in construction, maintenance, and service 10 13 and repair, as verified by current and previous employers 10 14 licensed to do business in this state. 10 15 (2) Satisfactory completion of a written examination 10 16 administered by the board on the most recent applicable codes 10 17 and standards. An applicant who furnishes the commissioner 10 18 with acceptable proof that the applicant has worked as an 10 19 elevator constructor, or has performed maintenance or repair 10 20 work, shall, upon making application for a license and paying 10 21 the license fee, be entitled to receive a license without an 10 22 examination. The applicant must have worked without direct 10 23 and immediate supervision for an elevator contractor licensed 10 24 to do business in this state not less than three years 10 25 immediately prior to the date of the license application and 10 26 must make application for a license within one year of such 10 27 employment. 10 28 b. A certificate of completion and successful passage of 10 29 the mechanic examination of a nationally recognized training 10 30 program for the elevator industry such as the national 10 31 elevator industry educational program or its equivalent; or a 10 32 certificate of completion of an apprenticeship program for 10 33 elevator mechanic, having standards substantially equal to 10 34 those of this chapter, and registered with the bureau of 10 35 apprenticeship and training, the United States department of 11 1 labor or a state apprenticeship council. 11 2 2. A license shall be issued to an applicant holding a 11 3 valid elevator mechanic's license from a state having 11 4 standards substantially equal to those contained in this 11 5 chapter, upon application and without examination. 11 6 Sec. 12. NEW SECTION. 89A.112 QUALIFICATIONS OF ELEVATOR 11 7 INSPECTOR. 11 8 An elevator inspector's license shall be granted to an 11 9 applicant who demonstrates, to the satisfaction of the 11 10 commissioner or officer designated by the board, that the 11 11 applicant meets the current ASME QEI-1 standards for the 11 12 qualifications of elevator inspectors. 11 13 Sec. 13. NEW SECTION. 89A.113 QUALIFICATIONS OF ELEVATOR 11 14 CONTRACTOR. 11 15 An elevator contractor's license shall be granted to a 11 16 person that demonstrates one of the following: 11 17 1. Employment of licensed elevator mechanics to perform 11 18 the work described in section 89A.106, subsection 1, and proof 11 19 of compliance with the insurance requirements set forth in 11 20 section 89A.122. 11 21 2. A valid license from a state having standards 11 22 substantially equal to those of this chapter. 11 23 Sec. 14. NEW SECTION. 89A.114 ISSUANCE AND RENEWAL OF 11 24 LICENSES – FEES. 11 25 1. Upon approval of an application by the commissioner, 11 26 the commissioner shall issue a license which is renewable 11 27 biannually. The fee for such license and for a renewal of 11 28 that license shall be set by the board. 11 29 2. a. A license shall be renewed under the provisions of 11 30 this section upon submission by the licensee of a certificate 11 31 of completion of a continuing education course concerning new 11 32 and existing provisions of the regulations of the board. Such 11 33 course shall consist of not less than eight hours of 11 34 instruction and the course must be attended and completed 11 35 within one year immediately preceding any license renewal. 12 1 b. A continuing education course shall be taught by 12 2 instructors through continuing education providers approved by 12 3 the board, including, but not limited to, association 12 4 seminars, and labor training programs. All instructors shall 12 5 be approved by the board and shall be exempt from the license 12 6 renewal requirements of paragraph "a" provided that the 12 7 applicant was qualified as an instructor at any time during 12 8 the one year immediately preceding the scheduled date for such 12 9 renewal. 12 10 c. A licensee who is unable to complete the continuing 12 11 education course required under this subsection prior to the 12 12 expiration of the licensee's license due to a temporary 12 13 disability may apply for a waiver from the board on a form 12 14 provided by the board which shall be signed, notarized, and 12 15 accompanied by a certified statement from a competent 12 16 physician attesting to temporary disability of the licensee. 12 17 Upon termination of the temporary disability, the licensee 12 18 shall submit to the board a certified statement from the same 12 19 physician, if practicable, attesting to the termination of the 12 20 temporary disability. The board shall then issue a waiver 12 21 sticker, valid for ninety days from the date of termination of 12 22 temporary disability which the licensee shall affix to the 12 23 licensee's license. 12 24 d. Approved training providers shall keep uniform records 12 25 of the licensee's attendance at continuing education courses 12 26 required by this section for a period of ten years from the 12 27 date of attendance in a format approved by the board and such 12 28 records shall be available for inspection by the board at its 12 29 request. Approved training providers shall be responsible for 12 30 the security of all attendance records and certificates of 12 31 completion, provided, however, that falsifying or knowingly 12 32 allowing another to falsify such attendance records or 12 33 certificates of completion shall constitute grounds for 12 34 suspension or revocation of the approval required under this 12 35 section. 13 1 Sec. 15. NEW SECTION. 89A.115 EMERGENCY AND TEMPORARY 13 2 ELEVATOR MECHANIC'S LICENSES. 13 3 1. If an emergency exists in this state due to disaster, 13 4 act of God, or work stoppage, such that the number of persons 13 5 in the state holding licenses granted by the board is 13 6 insufficient to cope with the emergency, a licensed elevator 13 7 contractor shall respond as necessary to ensure the safety of 13 8 the public by employing persons certified by the licensed 13 9 elevator contractor to have an acceptable combination of 13 10 documented experience and education to perform elevator work 13 11 without direct and immediate supervision. A person so 13 12 employed shall seek an emergency elevator mechanic's license 13 13 from the commissioner within five business days after 13 14 commencing work requiring an elevator mechanic's license. The 13 15 commissioner shall issue emergency elevator mechanic's 13 16 licenses upon receipt of such proof of competency as the 13 17 commissioner may require. Each emergency elevator mechanic's 13 18 license shall state that it is valid for a period of thirty 13 19 days from the date of issuance and for such particular 13 20 elevators or geographical areas as the commissioner designates 13 21 and that the licensee is entitled to the rights and privileges 13 22 of an elevator mechanic's license issued pursuant to this 13 23 chapter. The commissioner may renew an emergency elevator 13 24 mechanic's license as necessary during the existence of an 13 25 emergency. A fee shall not be charged for an emergency 13 26 elevator mechanic's license or a renewal of that license. 13 27 2. An elevator contractor shall notify the commissioner 13 28 when no licensed elevator mechanics are available to perform 13 29 elevator work. An elevator contractor may request that the 13 30 commissioner issue temporary elevator mechanic's licenses to 13 31 persons certified by the elevator contractor to have an 13 32 acceptable combination of documented experience and education 13 33 to perform elevator work without direct and immediate 13 34 supervision. A person certified by an elevator contractor to 13 35 have such an acceptable combination of documented experience 14 1 and education shall immediately seek a temporary elevator 14 2 mechanic's license from the commissioner and shall pay such 14 3 fees, as the board shall determine. Each temporary elevator 14 4 mechanic's license shall state that it is valid for a period 14 5 of thirty days from the date of issuance if the licensee 14 6 remains employed by the elevator contractor that certified the 14 7 person as qualified. A temporary elevator mechanic's license 14 8 is renewable so long as the elevator contractor certifies that 14 9 a shortage of license holders continues. 14 10 Sec. 16. NEW SECTION. 89A.116 CIVIL PENALTIES, 14 11 SUSPENSION, AND REVOCATION OF LICENSES. 14 12 A license issued pursuant to this chapter may be suspended, 14 13 revoked, or subject to civil penalty by the commissioner if 14 14 the commissioner determines that any of the following have 14 15 occurred: 14 16 1. A licensee made a false statement of material fact in 14 17 the license application. 14 18 2. A license was obtained by fraud, misrepresentation, or 14 19 bribery. 14 20 3. A licensee fails to notify the commissioner and the 14 21 owner or lessee of an elevator or related conveyance of any 14 22 condition not in compliance with this chapter. 14 23 4. A licensee violates any provisions of this chapter. 14 24 Sec. 17. NEW SECTION. 89A.117 HEARINGS ON CHARGES, 14 25 DECISIONS, AND APPEALS. 14 26 1. A license shall not be suspended, revoked, or subject 14 27 to civil penalty until after a hearing before the commissioner 14 28 upon at least ten days' notice to the licensee at the last 14 29 known address appearing on the license, served personally, or 14 30 by certified mail. The notice shall state the date, hour, and 14 31 place of hearing, and set forth a statement of facts 14 32 constituting the grounds for the charges against the licensee. 14 33 After the hearing, the commissioner shall suspend or revoke 14 34 the license or dismiss the proceeding. 14 35 2. A person whose license is revoked, suspended, or 15 1 subject to civil penalty may appeal from such determination to 15 2 the board which shall within thirty days thereafter hold a 15 3 hearing, of which at least fifteen days' written notice shall 15 4 be given to all interested parties. The board shall, within 15 5 thirty days after such hearing, issue a decision. 15 6 Sec. 18. NEW SECTION. 89A.118 REGISTRATION OF EXISTING 15 7 ELEVATORS, PLATFORM LIFTS, DUMBWAITERS, ESCALATORS, MOVING 15 8 WALKS, AND ANY OTHER CONVEYANCES. 15 9 Within six months after the date of the appointment of the 15 10 board, the owner or lessee of every existing conveyance shall 15 11 register with the commissioner each such elevator, dumbwaiter, 15 12 platform lift, escalator or device, or other conveyance, 15 13 subject to regulation by this chapter, owned and operated by 15 14 them, giving the type, rated load and speed, name of 15 15 manufacturer, its location, and the purpose for which it is 15 16 used and such additional information as the commissioner may 15 17 require. Elevators, dumbwaiters, platform lifts, escalators, 15 18 and moving walks or other conveyances upon which construction 15 19 has begun subsequent to the date of the creation of the board 15 20 shall be registered at the time they are completed and placed 15 21 in service. 15 22 Sec. 19. NEW SECTION. 89A.119 COMPLIANCE WITH STATE FIRE 15 23 PREVENTION AND BUILDING CODE. 15 24 Persons licensed under this chapter shall ensure that the 15 25 installation, service, and maintenance of elevators and other 15 26 conveyances subject to regulation by this chapter are 15 27 performed in compliance with the provisions contained in 15 28 applicable fire prevention and building codes, and with 15 29 generally accepted standards referenced in such codes. 15 30 Sec. 20. NEW SECTION. 89A.120 PERMITS. 15 31 1. An elevator or other conveyance, covered by this 15 32 chapter shall not be erected, constructed, installed, or 15 33 altered within buildings or structures in this state unless a 15 34 permit has been obtained from the commissioner before the work 15 35 is commenced. If a material alteration, as defined herein, is 16 1 made, the device shall conform to applicable requirements in 16 2 ASME standard A17.1; ASME standard A18.1, or ASCE standard 21 16 3 for the alteration. A permit required under this section 16 4 shall not be issued except to a person holding a current 16 5 elevator contractor's license, duly issued pursuant to this 16 6 chapter. A copy of such permit shall be kept at the 16 7 construction site at all times while the work is in progress. 16 8 2. The permit fee shall be as set by the board. Permit 16 9 fees collected are nonrefundable. 16 10 3. Each application for a permit shall be accompanied by 16 11 copies of specifications, accurately scaled and fully 16 12 dimensioned plans showing the location of the installation in 16 13 relation to the plans and elevation of the building, the 16 14 location of the machinery room and the equipment to be 16 15 installed, relocated, or altered, and all structural 16 16 supporting members, including foundations, and shall specify 16 17 all materials to be employed and all loads to be supported or 16 18 conveyed. Such plans and specifications shall be sufficiently 16 19 complete to illustrate all details of construction and design. 16 20 The applicable fees shall accompany each permit application. 16 21 4. Permits may be revoked for any of the following 16 22 reasons: 16 23 a. A permit applicant made false statements or 16 24 misrepresentations of material facts in the application, 16 25 plans, or specifications on which the permit was based. 16 26 b. The permit was issued in error and should not have been 16 27 issued in accordance with applicable standards and this 16 28 chapter. 16 29 c. The work detailed under the permit is not being 16 30 performed in accordance with the provisions of the 16 31 application, plans, or specifications or with the applicable 16 32 standards or conditions of the permit. 16 33 d. The elevator contractor to whom the permit was issued 16 34 fails or refuses to comply with an order. 16 35 5. Permits shall expire if either of the following occurs: 17 1 a. The work authorized by such permit is not commenced 17 2 within six months after the date of issuance, or within a 17 3 shorter period of time as the commissioner in the 17 4 commissioner's discretion may specify at the time the permit 17 5 is issued. For good cause, the commissioner at the 17 6 commissioner's discretion may allow an extension of the six- 17 7 month period. 17 8 b. The work is suspended or abandoned after the work has 17 9 started for a period of sixty days, or such shorter period of 17 10 time as the commissioner in the commissioner's discretion may 17 11 specify at the time the permit is issued. For good cause, the 17 12 commissioner at the commissioner's discretion may allow an 17 13 extension of the sixty-day period. 17 14 Sec. 21. NEW SECTION. 89A.121 NEW INSTALLATIONS – 17 15 ANNUAL INSPECTIONS AND REGISTRATIONS. 17 16 1. All new installations of conveyances shall be performed 17 17 by a person to whom a license to install or service 17 18 conveyances has been issued. Subsequent to installation, the 17 19 licensed person must certify compliance with the applicable 17 20 requirements of this chapter. Prior to any conveyance being 17 21 used, the property owner or lessee must obtain a certificate 17 22 of operation from the commissioner. A fee as determined by 17 23 the board shall be paid for the certificate of operation. It 17 24 is the responsibility of the licensed elevator contractor to 17 25 complete and submit an application for registration of new 17 26 installations. A certificate of operation for newly installed 17 27 platform lifts and stairway chairlifts for private residences 17 28 shall be issued subsequent to an inspection by a licensed 17 29 third-party inspection firm. 17 30 2. A certificate of operation fee for all new and existing 17 31 platform and stairway chairlifts and a certificate of 17 32 operation renewal fee shall be waived for private residences. 17 33 The commissioner or the commissioner's designee shall inspect, 17 34 in accordance with the requirements set forth in this chapter, 17 35 all newly installed and existing platform lifts and stairway 18 1 chairlifts for private residences subsequent to an inspection 18 2 by a person to whom a license to inspect conveyances has been 18 3 issued. The commissioner shall provide notice to the owner of 18 4 the private residence where the conveyance is located that 18 5 contains relevant information about conveyance safety 18 6 requirements, including, but not limited to, having the owner 18 7 contact the commissioner in order to ensure that the 18 8 conveyance is periodically and timely inspected and made safe 18 9 before the permit for the conveyance expires. The inspection 18 10 shall only be done at the request and consent of the private 18 11 residence owner. All penalty provisions of this chapter shall 18 12 not apply to private residence owners. 18 13 3. Certificates of operation shall be renewed annually 18 14 except for certificates issued for platform and stairway 18 15 chairlifts for private residences, which shall be valid for a 18 16 period of three years. Certificates of operation must be 18 17 clearly displayed on or in each conveyance or in the machine 18 18 room of the conveyance. 18 19 Sec. 22. NEW SECTION. 89A.122 INSURANCE REQUIREMENTS. 18 20 1. Elevator contractors shall submit to the commissioner 18 21 an insurance policy, a certified copy of the insurance policy 18 22 or an appropriate certificate of insurance, issued by an 18 23 insurance company authorized to do business in the state, 18 24 which provides general liability coverage of at least one 18 25 million dollars for injury or death of any number of persons 18 26 in any one occurrence, general liability coverage of at least 18 27 five hundred thousand dollars for property damage in any one 18 28 occurrence, and workers' compensation insurance coverage as 18 29 required by state law. 18 30 2. Elevator inspectors, not employed by the state, shall 18 31 submit to the commissioner an insurance policy, a certified 18 32 copy of the insurance policy or an appropriate certificate of 18 33 insurance, issued by an insurance company authorized to do 18 34 business in the state, which provides general liability 18 35 coverage of at least one million dollars for injury or death 19 1 of any number of persons in any one occurrence, general 19 2 liability coverage of at least five hundred thousand dollars 19 3 for property damage in any one occurrence, and workers' 19 4 compensation insurance coverage as required by state law. 19 5 3. Such policies, certified copies of insurance policies, 19 6 or appropriate certificates of insurance, approved as to form 19 7 and sufficiency by the commissioner, shall be delivered to the 19 8 commissioner before or at the time of the issuance of a 19 9 license. In the event of any material alteration or 19 10 cancellation of any policy, at least ten days' notice of the 19 11 cancellation shall be given to the commissioner. 19 12 Sec. 23. NEW SECTION. 89A.123 ENFORCEMENT. 19 13 1. The board shall develop an enforcement program which 19 14 will ensure compliance with the requirements of this chapter. 19 15 This enforcement program shall include but not be limited to: 19 16 a. Making regulations for identification of property 19 17 locations which are subject to the requirements of this 19 18 chapter. 19 19 b. Issuing notification to violating property owners or 19 20 operators. 19 21 c. Conducting random on-site inspections and tests on 19 22 existing installations. 19 23 d. Witnessing periodic inspections and testing in order to 19 24 ensure satisfactory performance by licensed persons. 19 25 e. Assisting in development of public awareness programs. 19 26 2. A person may make a request for an investigation into 19 27 an alleged violation of this chapter by giving notice to the 19 28 commissioner of such alleged violation. Such request shall be 19 29 in writing, shall set forth with reasonable particularity the 19 30 grounds for the request, and shall be signed by the person 19 31 making the request. Upon the request of the person signing 19 32 the request, that person's name shall not appear on any copy 19 33 of such request or on any other record published, released, or 19 34 made available to the public. 19 35 3. If upon receipt of a request for investigation, the 20 1 commissioner determines that reasonable grounds exist to 20 2 believe that such violation has occurred, the commissioner 20 3 shall make an investigation in accordance with the provisions 20 4 of this chapter as soon as is practicable to determine if such 20 5 violation has occurred. If the commissioner determines that 20 6 there are no reasonable grounds to believe that a violation 20 7 has occurred, the commissioner shall notify the party who made 20 8 the request, in writing, of such determination. 20 9 Sec. 24. NEW SECTION. 89A.124 LIABILITY. 20 10 This chapter shall not be construed to relieve or reduce 20 11 the responsibility or liability of a person owning, operating, 20 12 controlling, maintaining, erecting, constructing, installing, 20 13 altering, inspecting, testing, or repairing any elevator or 20 14 other related conveyance covered by this chapter for damages 20 15 to persons or property caused by any defect of an elevator or 20 16 other conveyance. The state does not assume liability or 20 17 responsibility for damages to persons or property by the 20 18 adoption of this chapter or any acts or omissions arising 20 19 under this chapter. 20 20 Sec. 25. NEW SECTION. 89A.125 CIVIL AND CRIMINAL 20 21 PENALTIES FOR OFFENSES. 20 22 An owner or lessee who violates any of the provisions of 20 23 this chapter commits a simple misdemeanor. 20 24 Sec. 26. NEW SECTION. 89A.126 PROVISIONS NOT 20 25 RETROACTIVE. 20 26 The provisions of this chapter are not retroactive unless 20 27 otherwise stated and equipment shall be required to comply 20 28 with the applicable code at the date of its installation or 20 29 within the period determined by the board for compliance with 20 30 ASME standard A17.3, whichever is more stringent. If upon 20 31 inspection, equipment covered by this chapter is found to be 20 32 in dangerous condition or there is an immediate hazard to 20 33 those riding or using such equipment, or if the design or the 20 34 method of operation in combination with equipment used is 20 35 considered inherently dangerous, in the opinion of the 21 1 commissioner, the commissioner shall notify the owner of the 21 2 dangerous condition and shall order alterations or additions 21 3 as the commissioner deems necessary to eliminate the dangerous 21 4 condition. 21 5 Sec. 27. NEW SECTION. 89A.127 INSPECTION AND TESTING. 21 6 1. The owner of all new and existing conveyances located 21 7 in a building or structure shall have the conveyance inspected 21 8 annually pursuant to ASME standard A17.1, category one, by an 21 9 elevator inspector. Subsequent to inspection, the elevator 21 10 inspector shall supply the property owner or lessee, and the 21 11 commissioner with a written inspection report describing any 21 12 code violations. The commissioner shall ensure code 21 13 compliance by the owner of the property. Property owners 21 14 shall have thirty days from the date of the published 21 15 inspection report to be in full compliance with the code. 21 16 2. The owner of all conveyances shall have an elevator 21 17 contractor, as described in this chapter, ensure that the 21 18 required tests are performed at intervals in compliance with 21 19 ASME standard A17.1, ASME standard A18.1, and ASCE standard 21 20 21. 21 21 3. All tests shall be performed by an elevator mechanic. 21 22 Sec. 28. NEW SECTION. 89A.128 STATE LAW, CODE, OR 21 23 REGULATION. 21 24 If a provision in this chapter is found to be inconsistent 21 25 with any other provision of applicable state law, the state 21 26 law shall prevail. This chapter, unless specifically stated 21 27 otherwise, is not intended to establish more stringent or more 21 28 restrictive standards than standards set forth in any other 21 29 applicable state law. 21 30 Sec. 29. Section 10A.601, subsections 1 and 7, Code 2001, 21 31 are amended to read as follows: 21 32 1. A full-time employment appeal board is created within 21 33 the department of inspections and appeals to hear and decide 21 34 contested cases under chapters 19A, 80, 88,89A,91C, 96, and 21 35 97B. 22 1 7. An application for rehearing before the appeal board 22 2 shall be filed pursuant to section 17A.16, unless otherwise 22 3 provided in chapter 19A, 80, 88,89A,91C, 96, or 97B. A 22 4 petition for judicial review of a decision of the appeal board 22 5 shall be filed pursuant to section 17A.19. The appeal board 22 6 may be represented in any such judicial review by an attorney 22 7 who is a regular salaried employee of the appeal board or who 22 8 has been designated by the appeal board for that purpose, or 22 9 at the appeal board's request, by the attorney general. 22 10 Notwithstanding the petitioner's residency requirement in 22 11 section 17A.19, subsection 2, a petition for judicial review 22 12 may be filed in the district court of the county in which the 22 13 petitioner was last employed or resides, provided that if the 22 14 petitioner does not reside in this state, the action shall be 22 15 brought in the district court of Polk county, Iowa, and any 22 16 other party to the proceeding before the appeal board shall be 22 17 named in the petition. Notwithstanding the thirty-day 22 18 requirement in section 17A.19, subsection 6, the appeal board 22 19 shall, within sixty days after filing of the petition for 22 20 judicial review or within a longer period of time allowed by 22 21 the court, transmit to the reviewing court the original or a 22 22 certified copy of the entire records of a contested case. The 22 23 appeal board may also certify to the court, questions of law 22 24 involved in any decision by the appeal board. Petitions for 22 25 judicial review and the questions so certified shall be given 22 26 precedence over all other civil cases except cases arising 22 27 under the workers' compensation law of this state. No bond 22 28 shall be required for entering an appeal from any final order, 22 29 judgment, or decree of the district court to the supreme 22 30 court. 22 31 Sec. 30. Chapter 89A, Code 2001, is repealed. 22 32 Sec. 31. Section 331.304, subsection 4, Code 2001, is 22 33 stricken. 22 34 Sec. 32. Section 602.8102, subsection 25, Code Supplement 22 35 2001, is stricken. 23 1 EXPLANATION 23 2 This bill enacts a new Code chapter 89A relating to the 23 3 design, construction, operation, inspection, testing, 23 4 maintenance, alteration, and repair of elevators and other 23 5 related conveyances, including but not limited to platform 23 6 lifts, stairway chairlifts, escalators and moving walks, 23 7 dumbwaiters and material lifts, and automated people movers. 23 8 Current Code chapter 89A is repealed. 23 9 The bill defines elevators and other conveyances with 23 10 reference to standards promulgated by the American national 23 11 standards institute (ANSI), the American society of mechanical 23 12 engineers (ASME), and the American society of civil engineers 23 13 (ASCE). 23 14 The bill requires persons who are employed as elevator 23 15 contractors, elevator inspectors, and elevator mechanics to be 23 16 licensed by the labor commissioner in accordance with the 23 17 provisions of the new Code chapter. The bill sets forth 23 18 qualifications for licensure and the procedure for application 23 19 for an elevator contractor's, inspector's, or mechanic's 23 20 license, including a combination of documented experience and 23 21 education. 23 22 The bill creates an elevator safety review board consisting 23 23 of nine members, including the commissioner of labor and the 23 24 director of the department of inspections and appeals or their 23 25 designees and seven other members appointed by the governor, 23 26 representing an elevator manufacturing company, an elevator 23 27 servicing company, an architectural designer or elevator 23 28 consulting professional, the general public, a municipality, a 23 29 building owner or manager, and a representative of labor 23 30 involved with elevators. 23 31 The bill provides that the elevator board meet monthly to 23 32 consider codes, regulations, appeals, variances, and proposed 23 33 legislation and to adopt rules governing regulation of 23 34 equipment pursuant to new Code chapter 89A, including safety 23 35 codes and standards. 24 1 The bill provides that a licensed elevator contractor can 24 2 hire nonlicensed elevator mechanics if an emergency exists in 24 3 the state due to disaster, act of God, or work stoppage, or if 24 4 there is a shortage of licensed elevator mechanics available 24 5 to perform elevator work. Nonlicensed elevator mechanics must 24 6 be certified by the licensed elevator contractor to have an 24 7 acceptable combination of documented experience and education 24 8 to perform elevator work without direct supervision. Such 24 9 nonlicensed elevator mechanics may seek an emergency or 24 10 temporary elevator mechanic's license from the commissioner 24 11 that is renewable so long as the emergency or shortage of 24 12 licensed elevator mechanics continues. 24 13 The bill provides for civil penalties, and the suspension 24 14 and revocation of licenses by the commissioner of labor if a 24 15 licensee obtains a license by a false statement of material 24 16 fact, by fraud, misrepresentation, or bribery or fails to 24 17 notify the commissioner and the owner of a conveyance or a 24 18 condition not in compliance with the bill or that otherwise 24 19 violates any provision of the bill. A license cannot be 24 20 suspended, revoked, or subject to civil penalty until after 24 21 notice and hearing before the commissioner of labor. 24 22 The bill requires that within six months after the date of 24 23 appointment of the elevator safety review board, the owner or 24 24 lessee of every existing elevator or other conveyance subject 24 25 to regulation by this bill shall be registered with the 24 26 commissioner of labor. Installation, service, and maintenance 24 27 of elevators and other conveyances subject to regulation by 24 28 this bill must be performed in compliance with applicable fire 24 29 and building codes. 24 30 The bill requires that an elevator or other conveyance 24 31 regulated by the bill shall not be erected, constructed, 24 32 installed, or altered unless a permit is first obtained from 24 33 the commissioner of labor before the work is commenced, upon 24 34 an application as set forth in the bill, including detailed 24 35 plans and specifications of the work to be performed. 25 1 The bill requires inspection of all new installations 25 2 before use and before a certificate of operation can be 25 3 issued. The certificate of operation fee is waived for 25 4 private residences and the inspection of private residences by 25 5 the commissioner shall be performed after an inspection by a 25 6 licensed third-party inspection firm. Subsequent inspections 25 7 of private residences by the commissioner shall only be done 25 8 at the request of the private residence owner. Certificates 25 9 of operation must be renewed annually except for platform and 25 10 stairway chairlifts in private residences, which are valid for 25 11 a period of three years. 25 12 The bill requires elevator contractors and elevator 25 13 inspectors not employed by the state to submit an insurance 25 14 policy, a certified copy of an insurance policy, or an 25 15 appropriate certificate of insurance to the commissioner of 25 16 labor that provides general liability coverage of at least 25 17 $1,000,000 for personal injury, $500,000 for property damage, 25 18 and workers' compensation coverage as required by state law. 25 19 The bill provides that the elevator safety review board 25 20 shall develop an enforcement program to ensure compliance with 25 21 the requirements of the bill. The bill also provides that a 25 22 person may request that the commissioner investigate alleged 25 23 violations of the bill and that if reasonable grounds exist to 25 24 believe that a violation exists, the commissioner shall 25 25 conduct an investigation. If the commissioner determines that 25 26 there are no reasonable grounds to believe that a violation 25 27 exists, the commissioner shall notify the requesting party of 25 28 that fact. 25 29 The bill provides that the Code chapter shall not be 25 30 construed to relieve or reduce the existing responsibility or 25 31 liability of a person that performs work on elevators or other 25 32 conveyances subject to regulation by the bill. 25 33 The bill provides that a violation of the provisions of the 25 34 bill is a simple misdemeanor. A simple misdemeanor is 25 35 punishable by confinement for no more than 30 days or a fine 26 1 of at least $50 but not more than $500, or by both. 26 2 The bill provides that its provisions are not retroactive 26 3 unless otherwise stated, and equipment is required to comply 26 4 with the applicable code in effect at the date of its 26 5 installation or within the period determined by the board for 26 6 compliance with ASME standard A17.3, whichever is more 26 7 stringent, except that if a device regulated by this chapter 26 8 is found to be in a dangerous condition or poses an immediate 26 9 hazard to those riding or using such equipment, the 26 10 commissioner shall notify the owner and order alterations or 26 11 additions as the commissioner deems necessary to eliminate the 26 12 dangerous condition. 26 13 The bill also requires the owner of all new and existing 26 14 elevators and other conveyances subject to regulation by the 26 15 bill to have those conveyances inspected annually. The 26 16 elevator inspector is directed to supply the property owner or 26 17 lessee and the commissioner with a written inspection report 26 18 describing any code violations and the commissioner shall 26 19 ensure that the violations are brought into compliance with 26 20 the bill. 26 21 The bill provides that if another state law is inconsistent 26 22 with the provisions of the bill, the other state law prevails. 26 23 LSB 5850HH 79 26 24 av/sh/8.1
Text: HF02544 Text: HF02546 Text: HF02500 - HF02599 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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