Text: HF02446 Text: HF02448 Text: HF02400 - HF02499 Text: HF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 HOUSE FILE 2447 1 2 1 3 AN ACT 1 4 RELATING TO EQUIPMENT AND INSTALLATION SAFETY PROGRAMS 1 5 ADMINISTERED BY THE DIVISION OF LABOR SERVICES OF THE 1 6 DEPARTMENT OF WORKFORCE DEVELOPMENT, AND PROVIDING AN 1 7 EFFECTIVE DATE. 1 8 1 9 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 1 10 1 11 Section 1. Section 10A.601, subsections 1 and 7, Code 1 12 Supplement 2003, are amended to read as follows: 1 13 1. A full-time employment appeal board is created within 1 14 the department of inspections and appeals to hear and decide 1 15 contested cases under chapter 8A, subchapter IV, and chapters 1 16 80, 88,89A,91C, 96, and 97B. 1 17 7. An application for rehearing before the appeal board 1 18 shall be filed pursuant to section 17A.16, unless otherwise 1 19 provided in chapter 8A, subchapter IV, or chapter 80, 88,89A,1 20 91C, 96, or 97B. A petition for judicial review of a decision 1 21 of the appeal board shall be filed pursuant to section 17A.19. 1 22 The appeal board may be represented in any such judicial 1 23 review by an attorney who is a regular salaried employee of 1 24 the appeal board or who has been designated by the appeal 1 25 board for that purpose, or at the appeal board's request, by 1 26 the attorney general. Notwithstanding the petitioner's 1 27 residency requirement in section 17A.19, subsection 2, a 1 28 petition for judicial review may be filed in the district 1 29 court of the county in which the petitioner was last employed 1 30 or resides, provided that if the petitioner does not reside in 1 31 this state, the action shall be brought in the district court 1 32 of Polk county, Iowa, and any other party to the proceeding 1 33 before the appeal board shall be named in the petition. 1 34 Notwithstanding the thirty-day requirement in section 17A.19, 1 35 subsection 6, the appeal board shall, within sixty days after 2 1 filing of the petition for judicial review or within a longer 2 2 period of time allowed by the court, transmit to the reviewing 2 3 court the original or a certified copy of the entire records 2 4 of a contested case. The appeal board may also certify to the 2 5 court, questions of law involved in any decision by the appeal 2 6 board. Petitions for judicial review and the questions so 2 7 certified shall be given precedence over all other civil cases 2 8 except cases arising under the workers' compensation law of 2 9 this state. No bond shall be required for entering an appeal 2 10 from any final order, judgment, or decree of the district 2 11 court to the supreme court. 2 12 Sec. 2. Section 89.2, Code 2003, is amended by adding the 2 13 following new subsections: 2 14 NEW SUBSECTION. 0A. "ASME code" means the boiler and 2 15 pressure vessel code published by the American society of 2 16 mechanical engineers. 2 17 NEW SUBSECTION. 0B. "Board" means the boiler and pressure 2 18 vessel board created in section 89.14. 2 19 Sec. 3. Section 89.3, Code 2003, is amended by adding the 2 20 following new subsection: 2 21 NEW SUBSECTION. 13. An inspection report created pursuant 2 22 to this chapter that requires modification, alteration, or 2 23 change shall be in writing and shall cite the state law or 2 24 rule or the ASME code section allegedly violated. 2 25 Sec. 4. Section 89.5, subsection 1, Code 2003, is amended 2 26 by striking the subsection. 2 27 Sec. 5. Section 89.5, subsection 4, unnumbered paragraph 2 28 1, Code 2003, is amended to read as follows: 2 29 A rule adopted pursuant to thissectionchapter which 2 30 adopts standards by reference to another publication shall be 2 31 exempt from the requirements of section 17A.6, subsection 4, 2 32 if the following conditions exist: 2 33 Sec. 6. Section 89.7, subsection 3, Code 2003, is amended 2 34 to read as follows: 2 35 3. Upon such showing and the payment of a fee, the 3 1 commissioner shall issue a certificate of inspection by the 3 2 division of labor services, which shall be valid only for the 3 3 period specified in section 89.3.The commissioner shall3 4establish the amount of the fee by rule.3 5 Sec. 7. Section 89.8, Code 2003, is amended by striking 3 6 the section and inserting in lieu thereof the following: 3 7 89.8 BOILER AND PRESSURE VESSEL SAFETY FUND – FEES 3 8 APPROPRIATED. 3 9 1. A boiler and pressure vessel safety revolving fund is 3 10 created within the state treasury under the control of the 3 11 commissioner and shall consist of moneys collected by the 3 12 commissioner as fees. Moneys in the fund are appropriated and 3 13 shall be used by the commissioner to pay the actual costs and 3 14 expenses necessary to operate the board and administer the 3 15 provisions of this chapter. All salaries and expenses 3 16 properly chargeable to the fund shall be paid from the fund. 3 17 Section 8.33 does not apply to any moneys in the fund. 3 18 Notwithstanding section 12C.7, subsection 2, interest or 3 19 earnings on moneys deposited in the fund shall be credited to 3 20 the fund. 3 21 2. This section is repealed effective July 1, 2012. 3 22 Sec. 8. Section 89.9, Code 2003, is amended to read as 3 23 follows: 3 24 89.9 DISPOSAL OF FEES. 3 25 All fees provided for in this chapter shall be collected by 3 26 the commissioner and remitted to the treasurer of state, to be 3 27 deposited in the boiler and pressure vessel safety fund 3 28 pursuant to section 89.8, together with an itemized statement 3 29 showing the source of collection. 3 30 Sec. 9. Section 89.11, Code 2003, is amended to read as 3 31 follows: 3 32 89.11 INJUNCTION. 3 33 In addition to any and all other remedies, if any owner, 3 34 user, or person in charge of any equipment covered by this 3 35 chapter, shall continue to use any equipment covered by this 4 1 chapter, after receiving a notice of defect and exhausting 4 2 appeal rights as provided by this chapter, without first 4 3 correctingsaidthe defects or making replacements, the 4 4 commissionerof labormay apply to the district court or any 4 5 judge thereof by petition in equity, in an action brought in 4 6 the name of the state, for a writ of injunction to restrain 4 7 the use ofsaidthe alleged defective equipment. 4 8 Sec. 10. NEW SECTION. 89.14 BOILER AND PRESSURE VESSEL 4 9 BOARD – CREATED – DUTIES. 4 10 1. A boiler and pressure vessel board is created within 4 11 the division of labor services of the department of workforce 4 12 development to formulate definitions and rules requirements 4 13 for the safe and proper installation, repair, maintenance, 4 14 alteration, use, and operation of boilers and pressure vessels 4 15 in this state. 4 16 2. The boiler and pressure vessel board is composed of 4 17 nine members, one of whom shall be the commissioner or the 4 18 commissioner's designee. The remaining eight members shall be 4 19 appointed by the governor, subject to confirmation by the 4 20 senate, to four-year staggered terms beginning and ending as 4 21 provided in section 69.19. One member shall be a special 4 22 inspector who is employed by an insurance company that is 4 23 licensed and actively writing boiler and machinery insurance 4 24 in this state and who is commissioned to inspect boiler and 4 25 pressure vessels in this state, two members shall be appointed 4 26 from certified employee organizations, one of whom shall 4 27 represent steamfitters, two members shall be mechanical 4 28 engineers who regularly practice in the area of boilers and 4 29 pressure vessels, one member shall be a boiler and pressure 4 30 vessel distributor in this state, one member shall represent 4 31 boiler and pressure vessel manufacturers, and one member shall 4 32 be a mechanical contractor engaged in the business of 4 33 installation, renovation, and repair of boilers and pressure 4 34 vessels. 4 35 3. A vacancy in membership shall be filled in the same 5 1 manner as the original appointment. The members shall serve 5 2 without compensation, but shall be reimbursed for actual and 5 3 necessary expenses incurred in the performance of official 5 4 duties as a member. 5 5 4. The members of the board shall select a chairperson, 5 6 vice chairperson, and secretary from their membership. 5 7 However, neither the commissioner nor the commissioner's 5 8 designee shall serve as chairperson. The board shall meet at 5 9 least quarterly but may meet as often as necessary. Meetings 5 10 shall be set by a majority of the board or upon the call of 5 11 the chairperson, or in the chairperson's absence, upon the 5 12 call of the vice chairperson. A majority of the board members 5 13 shall constitute a quorum. 5 14 5. The board shall adopt rules pursuant to chapter 17A 5 15 necessary to administer the duties of the board. Rules 5 16 adopted by the board shall be in accordance with accepted 5 17 engineering standards and practices. The board shall adopt 5 18 rules relating to the equipment covered by this chapter that 5 19 are in accordance with the ASME code, which may include 5 20 addenda, interpretations, and code cases, as soon as 5 21 reasonably practical following publication by ASME. 5 22 6. A notice of defect or inspection report issued by the 5 23 commissioner pursuant to this chapter may, within thirty days 5 24 after the making of the order, be appealed to the board. 5 25 Board action constitutes final agency action for purposes of 5 26 chapter 17A. 5 27 7. Not later than July 1, 2005, and every three years 5 28 thereafter, the board shall conduct a comprehensive review of 5 29 existing boiler rules, regulations, and standards, including 5 30 but not limited to those relating to potable hot water supply 5 31 boilers and water heaters. 5 32 8. The board shall establish fees for examinations, 5 33 commissions, inspections, annual statements, shop inspections, 5 34 and other services. The fees shall reflect the actual costs 5 35 and expenses necessary to operate the board and perform the 6 1 duties of the commissioner. 6 2 Sec. 11. Section 89A.1, subsection 2, Code 2003, is 6 3 amended by striking the subsection. 6 4 Sec. 12. Section 89A.1, subsection 19, Code 2003, is 6 5 amended by striking the subsection and inserting in lieu 6 6 thereof the following: 6 7 NEW SUBSECTION. 19. "Safety board" means the elevator 6 8 safety board created in section 89A.13. 6 9 Sec. 13. Section 89A.3, subsection 1, unnumbered 6 10 paragraphs 1 and 2, Code 2003, are amended to read as follows: 6 11 Thecommissionersafety board may adopt rules governing 6 12 maintenance, construction, alteration, and installation of 6 13 facilities, and the inspection and testing of new and existing 6 14 installations as necessary to provide for the public safety, 6 15 and to protect the public welfare. 6 16 Thecommissionersafety board shall adopt, amend, or repeal 6 17 rules pursuant to chapter 17A asthe commissionerit deems 6 18 necessary for theexecution of the commissioner's duties under6 19 administration of this chapter, which shall include, but not 6 20 be limited to, rules providing for: 6 21 Sec. 14. Section 89A.3, subsection 1, paragraphs h and i, 6 22 Code 2003, are amended by striking the paragraphs. 6 23 Sec. 15. Section 89A.3, subsection 2, Code 2003, is 6 24 amended to read as follows: 6 25 2. Thecommissionersafety board shall adopt rules for 6 26 facilities according to the applicable provisions of the 6 27 American society of mechanical engineers safety codes for 6 28 elevators and escalators, A17.1 and A17.3, as thecommissioner6 29 safety board deems necessary. In adopting rules the 6 30commissionersafety board may adopt the American society of 6 31 mechanical engineers safety codes, or any part of the codes, 6 32 by reference. 6 33 Thecommissionersafety board may adopt rules permitting 6 34 existing passenger and freight elevators to be modified into 6 35 material lift elevators. 7 1 Sec. 16. Section 89A.3, subsections 4 and 5, Code 2003, 7 2 are amended to read as follows: 7 3 4. The commissioner shall furnish copies of the rules 7 4 adoptedby the commissionerpursuant to this chapter to any 7 5 person who requests them, without charge, or upon payment of a 7 6 charge not to exceed the actual cost of printing of the rules. 7 7 5. Thecommissionersafety board may adopt rules 7 8 permitting inclined or vertical wheelchair lifts in churches 7 9 and houses of worship to service more than one floor. 7 10 Sec. 17. Section 89A.3, Code 2003, is amended by adding 7 11 the following new subsection: 7 12 NEW SUBSECTION. 6. The commissioner may adopt rules 7 13 pursuant to chapter 17A relating to the denial, issuance, 7 14 revocation, and suspension of special inspector commissions. 7 15 Sec. 18. Section 89A.6, subsections 2, 3, and 6, Code 7 16 2003, are amended to read as follows: 7 17 2. Every existing facility registered with the 7 18 commissioner shall be inspected within one year after the 7 19 effective date of the registration, except that the 7 20commissionersafety board may, at the commissioner's7 21discretion,extend by rule the time specified for making 7 22 inspections. 7 23 3. Every facility shall be inspected not less frequently 7 24 than annually, except that thecommissionersafety board may 7 25 adopt rules providing for inspections of facilities at 7 26 intervals other than annually. 7 27 6. In addition to the inspections required by subsections 7 28 1 to 3, thecommissionersafety board may provide by rule for 7 29 additional inspections as thecommissionersafety board deems 7 30 necessary to enforce the provisions of this chapter. 7 31 Sec. 19. Section 89A.9, unnumbered paragraph 1, Code 2003, 7 32 is amended to read as follows: 7 33 Operating permits shall be issued by the commissioner to 7 34 the owner of every facility when the inspection report 7 35 indicates compliance with the applicable provisions of this 8 1 chapter. However,no permitsa permit shall not be issued if 8 2 the fees required bysection 89A.13this chapter have not been 8 3 paid. Permits shall be issued within thirty days after filing 8 4 of the inspection report required by section 89A.6, unless the 8 5 time is extended for cause by the division.NoA facility 8 6 shall not be operated after the thirty days or after an 8 7 extension granted by the commissioner has expired, unless an 8 8 operating permit has been issued. 8 9 Sec. 20. Section 89A.10, subsection 2, unnumbered 8 10 paragraph 1, Code 2003, is amended to read as follows: 8 11 If the owner does not make the changes necessary for 8 12 compliance as required in subsection 1 within the period 8 13 specified by the commissioner, the commissioner, upon notice, 8 14 may suspend or revoke the operating permit, or may refuse to 8 15 issue the operating permit for the facility. The commissioner 8 16 shall notify the owner of any action to suspend, revoke, or 8 17 refuse to issue an operating permit and the reason for the 8 18 action by service in the same manner as an original notice or 8 19 by certified mail. An owner may appeal the commissioner's 8 20 initial decision to the safety board.The appeal shall be8 21heard by an administrative law judge of the department of8 22inspections and appeals. An owner who, after a hearing before8 23an administrative law judge, is aggrieved by a suspension,8 24revocation, or refusal to issue an operating permit may appeal8 25to the employment appeal board created under section 10A.601.8 26Notice of appeal shall be filed with the appeal board within8 27thirty calendar days from receipt of the notice of the8 28commissioner's action.The decision of the safety board shall 8 29 be considered final agency action pursuant to chapter 17A. 8 30 Sec. 21. Section 89A.10, subsection 2, unnumbered 8 31 paragraphs 2 and 3, Code 2003, are amended by striking the 8 32 unnumbered paragraphs. 8 33 Sec. 22. Section 89A.11, Code 2003, is amended to read as 8 34 follows: 8 35 89A.11 NONCONFORMING FACILITIES. 9 1 Thecommissionersafety board, pursuant to rule, may grant 9 2 exceptions and variances from the requirements of rules 9 3 adopted for any facility. Exceptions or variations shall be 9 4 reasonably related to the age of the facility, and may be 9 5 conditioned upon a repair or modification of the facility 9 6 deemed necessary by thecommissionersafety board to assure 9 7 reasonable safety. However,noan exception or variancemay9 8 shall not be granted except to prevent undue hardship. Such 9 9 facilities shall be subject to orders issued pursuant to 9 10 section 89A.10. 9 11 Sec. 23. Section 89A.13, Code 2003, is amended by striking 9 12 the section and inserting in lieu thereof the following: 9 13 89A.13 ELEVATOR SAFETY BOARD. 9 14 1. An elevator safety board is created within the division 9 15 of labor services in the department of workforce development 9 16 to formulate definitions and rules for the safe and proper 9 17 installation, repair, maintenance, alteration, use, and 9 18 operation of facilities in this state. 9 19 2. The safety board is composed of nine members, one of 9 20 whom shall be the commissioner or the commissioner's designee. 9 21 The governor shall appoint the remaining eight members of the 9 22 board, subject to senate confirmation, to staggered four-year 9 23 terms which shall begin and end as provided in section 69.19. 9 24 The members shall be as follows: two representatives from an 9 25 elevator manufacturing company or its authorized 9 26 representative; two representatives from elevator servicing 9 27 companies; one building owner or manager; one representative 9 28 employed by a local government in this state who is 9 29 knowledgeable about building codes in this state; one 9 30 representative of workers actively involved in the 9 31 installation, maintenance, and repair of elevators; and one 9 32 licensed mechanical engineer. 9 33 3. A vacancy in membership shall be filled in the same 9 34 manner as the original appointment. The members shall serve 9 35 without salary, but shall be reimbursed for actual and 10 1 necessary expenses incurred in the performance of official 10 2 duties as a member. 10 3 4. The members of the safety board shall select a 10 4 chairperson, vice chairperson, and a secretary from their 10 5 membership. However, neither the commission nor the 10 6 commissioner's designee shall serve as chairperson. The 10 7 safety board shall meet at least quarterly but may meet as 10 8 often as necessary. Meetings shall be set by a majority of 10 9 the safety board or upon the call of the chairperson, or in 10 10 the chairperson's absence, upon the call of the vice 10 11 chairperson. A majority of the safety board members shall 10 12 constitute a quorum. 10 13 5. The owner or user of equipment regulated under this 10 14 chapter may appeal a notice of defect or an inspection report 10 15 to the safety board within thirty days after the issuance of 10 16 the notice or report. Safety board action constitutes final 10 17 agency action for purposes of chapter 17A. 10 18 6. The safety board shall adopt rules pursuant to chapter 10 19 17A necessary to administer the duties of the board. 10 20 7. Not later than July 1, 2005, and every three years 10 21 thereafter, the safety board shall conduct a comprehensive 10 22 review of existing elevator and facility rules, regulations, 10 23 and standards. 10 24 Sec. 24. Section 89A.14, Code 2003, is amended to read as 10 25 follows: 10 26 89A.14 CONTINUING DUTY OF OWNER. 10 27 Every facility shall be maintained by the owner in a safe 10 28 operating condition and in conformity with the rules adopted 10 29 by thecommissionersafety board. 10 30 Sec. 25. Section 89A.15, Code 2003, is amended to read as 10 31 follows: 10 32 89A.15 INSPECTIONS BY LOCAL AUTHORITIES. 10 33NoA city or other governmental subdivision shall not make 10 34 or maintain any ordinance, bylaw, or resolution providing for 10 35 the licensing of special inspectors. An ordinance or 11 1 resolution relating to the inspection, construction, 11 2 installation, alteration, maintenance, or operation of 11 3 facilities within the limits of the city or governmental 11 4 subdivision, which conflicts with this chapter or with rules 11 5 adoptedby the commissionerpursuant to this chapter is void. 11 6 The commissioner, in the commissioner's discretion, may accept 11 7 inspections by local authorities in lieu of inspections 11 8 required by section 89A.6, but only upon a showing by the 11 9 local authority that applicable laws and rules will be 11 10 consistently and literally enforced, and that inspections will 11 11 be performed by special inspectors. 11 12 Sec. 26. Section 89A.18, Code 2003, is amended to read as 11 13 follows: 11 14 89A.18 CIVIL PENALTY. 11 15 If upon notice and hearing the commissioner determines that 11 16 an owner has operated a facility after an order of the 11 17 commissioner that suspends, revokes, or refuses to issue an 11 18 operating permit for the facility has become final under 11 19 section 89A.10, subsection 2, the commissioner may assess a 11 20 civil penalty against the owner in an amount not exceeding 11 21 five hundred dollars, as determined by the commissioner. An 11 22 order assessing a civil penalty is subject to appealand11 23judicial reviewunder section 89A.10, subsection 2, in the 11 24 same manner and to the same extent as decisions referred to in 11 25 that subsection. The commissioner may commence an action in 11 26 the district court to enforce payment of the civil penalty. 11 27 No record of assessment against or payment of a civil penalty 11 28 by any person for a violation of this section shall be 11 29 admissible as evidence in any court in any civil action. 11 30 Revenue from the penalty provided in this section shall be 11 31 remitted to the treasurer of state for deposit in the state 11 32 general fund. 11 33 Sec. 27. NEW SECTION. 89A.19 ELEVATOR SAFETY FUND – 11 34 FEES APPROPRIATED. 11 35 1. A revolving elevator safety fund is created in the 12 1 state treasury under the control of the commissioner and shall 12 2 consist of moneys collected by the commissioner as fees. 12 3 Moneys in the fund are appropriated to and shall be used by 12 4 the commissioner to pay the actual costs and expenses 12 5 necessary to operate the safety board and perform the duties 12 6 of the commissioner as described in this chapter. All fees 12 7 collected by the commissioner pursuant to this chapter shall 12 8 be remitted to the treasurer of state to be deposited in the 12 9 elevator safety fund. All salaries and expenses properly 12 10 chargeable to the fund shall be paid from the fund. Section 12 11 8.33 does not apply to any moneys in the fund. 12 12 Notwithstanding section 12C.7, subsection 2, interest or 12 13 earnings on moneys deposited in the fund shall be credited to 12 14 the fund. 12 15 2. This section is repealed effective July 1, 2012. 12 16 Sec. 28. Section 602.8102, subsection 25, Code Supplement 12 17 2003, is amended to read as follows: 12 18 25. Carry out duties relating to the judicial review of 12 19 orders of theemployment appealelevator safety board as 12 20 provided in section 89A.10, subsection 2. 12 21 Sec. 29. FY 2004-2005 FEE DISPOSITION – INTENT. 12 22 Notwithstanding sections 89.8 and 89A.19 or any other 12 23 provision of law to the contrary, revenues from fees imposed 12 24 or collected during the fiscal year beginning July 1, 2004, 12 25 and the amount of accruals of those revenues collected from 12 26 the fees imposed or collected before June 30, 2005, but not 12 27 remitted to the commissioner until after June 30, 2005, shall 12 28 be deposited in the general fund of the state. It is the 12 29 intent of the general assembly that the moneys appropriated 12 30 from the general fund of the state to the division of labor 12 31 services of the department of workforce development for the 12 32 fiscal year beginning July 1, 2005, and ending June 30, 2006, 12 33 be reduced by the total amount of revenues projected to be 12 34 deposited in the boiler and pressure vessel safety fund 12 35 created by section 89.8 and the elevator safety fund created 13 1 by section 89A.19 in the fiscal year beginning July 1, 2005. 13 2 Sec. 30. EFFECTIVE DATE. This Act, being deemed of 13 3 immediate importance, takes effect upon enactment. 13 4 13 5 13 6 13 7 CHRISTOPHER C. RANTS 13 8 Speaker of the House 13 9 13 10 13 11 13 12 JEFFREY M. LAMBERTI 13 13 President of the Senate 13 14 13 15 I hereby certify that this bill originated in the House and 13 16 is known as House File 2447, Eightieth General Assembly. 13 17 13 18 13 19 13 20 MARGARET THOMSON 13 21 Chief Clerk of the House 13 22 Approved , 2004 13 23 13 24 13 25 13 26 THOMAS J. VILSACK 13 27 Governor
Text: HF02446 Text: HF02448 Text: HF02400 - HF02499 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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