Text: S05239 Text: S05241 Text: S05200 - S05299 Text: S Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Amend House File 2447, as amended, passed, and 1 2 reprinted by the House, as follows: 1 3 #1. By striking everything after the enacting 1 4 clause and inserting the following: 1 5 "Section 1. Section 89.2, Code 2003, is amended by 1 6 adding the following new subsections: 1 7 NEW SUBSECTION. 0A. "ASME code" means the boiler 1 8 and pressure vessel code published by the American 1 9 society of mechanical engineers. 1 10 NEW SUBSECTION. 0B. "Board" means the boiler and 1 11 pressure vessel board created in section 89.14. 1 12 Sec. 2. Section 89.3, Code 2003, is amended by 1 13 adding the following new subsection: 1 14 NEW SUBSECTION. 13. An inspection report created 1 15 pursuant to this chapter that requires modification, 1 16 alteration, or change shall be in writing and shall 1 17 cite the state law or rule or the ASME code section 1 18 allegedly violated. 1 19 Sec. 3. Section 89.5, subsection 1, Code 2003, is 1 20 amended by striking the subsection. 1 21 Sec. 4. Section 89.5, subsection 4, unnumbered 1 22 paragraph 1, Code 2003, is amended to read as follows: 1 23 A rule adopted pursuant to thissectionchapter 1 24 which adopts standards by reference to another 1 25 publication shall be exempt from the requirements of 1 26 section 17A.6, subsection 4, if the following 1 27 conditions exist: 1 28 Sec. 5. Section 89.7, subsection 3, Code 2003, is 1 29 amended to read as follows: 1 30 3. Upon such showing and the payment of a fee, the 1 31 commissioner shall issue a certificate of inspection 1 32 by the division of labor services, which shall be 1 33 valid only for the period specified in section 89.3. 1 34The commissioner shall establish the amount of the fee1 35by rule.1 36 Sec. 6. Section 89.8, Code 2003, is amended by 1 37 striking the section and inserting in lieu thereof the 1 38 following: 1 39 89.8 BOILER AND PRESSURE VESSEL SAFETY FUND – 1 40 FEES APPROPRIATED. 1 41 A boiler and pressure vessel safety revolving fund 1 42 is created within the state treasury under the control 1 43 of the commissioner and shall consist of moneys 1 44 collected by the commissioner as fees. Moneys in the 1 45 fund are appropriated and shall be used by the 1 46 commissioner to pay the actual costs and expenses 1 47 necessary to operate the board and administer the 1 48 provisions of this chapter. All salaries and expenses 1 49 properly chargeable to the fund shall be paid from the 1 50 fund. Section 8.33 does not apply to any moneys in 2 1 the fund. Notwithstanding section 12C.7, subsection 2 2 2, interest or earnings on moneys deposited in the 2 3 fund shall be credited to the fund. 2 4 Sec. 7. Section 89.9, Code 2003, is amended to 2 5 read as follows: 2 6 89.9 DISPOSAL OF FEES. 2 7 All fees provided for in this chapter shall be 2 8 collected by the commissioner and remitted to the 2 9 treasurer of state, to be deposited in the boiler and 2 10 pressure vessel safety fund pursuant to section 89.8, 2 11 together with an itemized statement showing the source 2 12 of collection. 2 13 Sec. 8. Section 89.11, Code 2003, is amended to 2 14 read as follows: 2 15 89.11 INJUNCTION. 2 16 In addition to any and all other remedies, if any 2 17 owner, user, or person in charge of any equipment 2 18 covered by this chapter, shall continue to use any 2 19 equipment covered by this chapter, after receiving a 2 20 notice of defect and exhausting appeal rights as 2 21 provided by this chapter, without first correcting 2 22saidthe defects or making replacements, the 2 23 commissionerof labormay apply to the district court 2 24 or any judge thereof by petition in equity, in an 2 25 action brought in the name of the state, for a writ of 2 26 injunction to restrain the use ofsaidthe alleged 2 27 defective equipment. 2 28 Sec. 9. NEW SECTION. 89.14 BOILER AND PRESSURE 2 29 VESSEL BOARD – CREATED – DUTIES. 2 30 1. A boiler and pressure vessel board is created 2 31 within the division of labor services of the 2 32 department of workforce development to formulate 2 33 definitions and rules requirements for the safe and 2 34 proper installation, repair, maintenance, alteration, 2 35 use, and operation of boilers and pressure vessels in 2 36 this state. 2 37 2. The boiler and pressure vessel board is 2 38 composed of nine members, one of whom shall be the 2 39 commissioner or the commissioner's designee. The 2 40 remaining eight members shall be appointed by the 2 41 governor, subject to confirmation by the senate, to 2 42 four-year staggered terms beginning and ending as 2 43 provided in section 69.19. One member shall be a 2 44 special inspector who is employed by an insurance 2 45 company that is licensed and actively writing boiler 2 46 and machinery insurance in this state and who is 2 47 commissioned to inspect boiler and pressure vessels in 2 48 this state, two members shall be appointed from 2 49 certified employee organizations, one of whom shall 2 50 represent steamfitters, two members shall be 3 1 mechanical engineers who regularly practice in the 3 2 area of boilers and pressure vessels, one member shall 3 3 be a boiler and pressure vessel distributor in this 3 4 state, one member shall represent boiler and pressure 3 5 vessel manufacturers, and one member shall be a 3 6 mechanical contractor engaged in the business of 3 7 installation, renovation, and repair of boilers and 3 8 pressure vessels. 3 9 3. A vacancy in membership shall be filled in the 3 10 same manner as the original appointment. The members 3 11 shall serve without compensation, but shall be 3 12 reimbursed for actual and necessary expenses incurred 3 13 in the performance of official duties as a member. 3 14 4. The members of the board shall select a 3 15 chairperson, vice chairperson, and secretary from 3 16 their membership. However, neither the commissioner 3 17 nor the commissioner's designee shall serve as 3 18 chairperson. The board shall meet at least quarterly 3 19 but may meet as often as necessary. Meetings shall be 3 20 set by a majority of the board or upon the call of the 3 21 chairperson, or in the chairperson's absence, upon the 3 22 call of the vice chairperson. A majority of the board 3 23 members shall constitute a quorum. 3 24 5. The board shall adopt rules pursuant to chapter 3 25 17A necessary to administer the duties of the board. 3 26 Rules adopted by the board shall be in accordance with 3 27 accepted engineering standards and practices. The 3 28 board shall adopt rules relating to the equipment 3 29 covered by this chapter that are in accordance with 3 30 the ASME code, which may include addenda, 3 31 interpretations, and code cases, as soon as reasonably 3 32 practical following publication by ASME. 3 33 6. A notice of defect or inspection report issued 3 34 by the commissioner pursuant to this chapter may, 3 35 within thirty days after the making of the order, be 3 36 appealed to the board. Board action constitutes final 3 37 agency action for purposes of chapter 17A. 3 38 7. Not later than July 1, 2005, and every three 3 39 years thereafter, the board shall conduct a 3 40 comprehensive review of existing boiler rules, 3 41 regulations, and standards, including but not limited 3 42 to those relating to potable hot water supply boilers 3 43 and water heaters. 3 44 8. The board shall establish fees for 3 45 examinations, commissions, inspections, annual 3 46 statements, shop inspections, and other services. The 3 47 fees shall reflect the actual costs and expenses 3 48 necessary to operate the board and perform the duties 3 49 of the commissioner. 3 50 Sec. 10. NEW SECTION. 89.15 FUTURE REPEAL. 4 1 This chapter is repealed effective July 1, 2012. 4 2 Sec. 11. Section 89A.1, subsection 2, Code 2003, 4 3 is amended by striking the subsection. 4 4 Sec. 12. Section 89A.1, subsection 19, Code 2003, 4 5 is amended by striking the subsection and inserting in 4 6 lieu thereof the following: 4 7 NEW SUBSECTION. 19. "Safety board" means the 4 8 elevator safety board created in section 89A.13. 4 9 Sec. 13. Section 89A.3, subsection 1, unnumbered 4 10 paragraphs 1 and 2, Code 2003, are amended to read as 4 11 follows: 4 12 Thecommissionersafety board may adopt rules 4 13 governing maintenance, construction, alteration, and 4 14 installation of facilities, and the inspection and 4 15 testing of new and existing installations as necessary 4 16 to provide for the public safety, and to protect the 4 17 public welfare. 4 18 Thecommissionersafety board shall adopt, amend, 4 19 or repeal rules pursuant to chapter 17A asthe4 20commissionerit deems necessary for theexecution of4 21the commissioner's duties underadministration of this 4 22 chapter, which shall include, but not be limited to, 4 23 rules providing for: 4 24 Sec. 14. Section 89A.3, subsection 1, paragraphs h 4 25 and i, Code 2003, are amended by striking the 4 26 paragraphs. 4 27 Sec. 15. Section 89A.3, subsection 2, Code 2003, 4 28 is amended to read as follows: 4 29 2. Thecommissionersafety board shall adopt rules 4 30 for facilities according to the applicable provisions 4 31 of the American society of mechanical engineers safety 4 32 codes for elevators and escalators, A17.1 and A17.3, 4 33 as thecommissionersafety board deems necessary. In 4 34 adopting rules thecommissionersafety board may adopt 4 35 the American society of mechanical engineers safety 4 36 codes, or any part of the codes, by reference. 4 37 Thecommissionersafety board may adopt rules 4 38 permitting existing passenger and freight elevators to 4 39 be modified into material lift elevators. 4 40 Sec. 16. Section 89A.3, subsections 4 and 5, Code 4 41 2003, are amended to read as follows: 4 42 4. The commissioner shall furnish copies of the 4 43 rules adoptedby the commissionerpursuant to this 4 44 chapter to any person who requests them, without 4 45 charge, or upon payment of a charge not to exceed the 4 46 actual cost of printing of the rules. 4 47 5. Thecommissionersafety board may adopt rules 4 48 permitting inclined or vertical wheelchair lifts in 4 49 churches and houses of worship to service more than 4 50 one floor. 5 1 Sec. 17. Section 89A.3, Code 2003, is amended by 5 2 adding the following new subsection: 5 3 NEW SUBSECTION. 6. The commissioner may adopt 5 4 rules pursuant to chapter 17A relating to the denial, 5 5 issuance, revocation, and suspension of special 5 6 inspector commissions. 5 7 Sec. 18. Section 89A.6, subsections 2, 3, and 6, 5 8 Code 2003, are amended to read as follows: 5 9 2. Every existing facility registered with the 5 10 commissioner shall be inspected within one year after 5 11 the effective date of the registration, except that 5 12 thecommissionersafety board may, at the5 13commissioner's discretion,extend by rule the time 5 14 specified for making inspections. 5 15 3. Every facility shall be inspected not less 5 16 frequently than annually, except that thecommissioner5 17 safety board may adopt rules providing for inspections 5 18 of facilities at intervals other than annually. 5 19 6. In addition to the inspections required by 5 20 subsections 1 to 3, thecommissionersafety board may 5 21 provide by rule for additional inspections as the 5 22commissionersafety board deems necessary to enforce 5 23 the provisions of this chapter. 5 24 Sec. 19. Section 89A.9, unnumbered paragraph 1, 5 25 Code 2003, is amended to read as follows: 5 26 Operating permits shall be issued by the 5 27 commissioner to the owner of every facility when the 5 28 inspection report indicates compliance with the 5 29 applicable provisions of this chapter. However,no5 30permitsa permit shall not be issued if the fees 5 31 required bysection 89A.13this chapter have not been 5 32 paid. Permits shall be issued within thirty days 5 33 after filing of the inspection report required by 5 34 section 89A.6, unless the time is extended for cause 5 35 by the division.NoA facility shall not be operated 5 36 after the thirty days or after an extension granted by 5 37 the commissioner has expired, unless an operating 5 38 permit has been issued. 5 39 Sec. 20. Section 89A.10, subsection 2, unnumbered 5 40 paragraph 1, Code 2003, is amended to read as follows: 5 41 If the owner does not make the changes necessary 5 42 for compliance as required in subsection 1 within the 5 43 period specified by the commissioner, the 5 44 commissioner, upon notice, may suspend or revoke the 5 45 operating permit, or may refuse to issue the operating 5 46 permit for the facility. The commissioner shall 5 47 notify the owner of any action to suspend, revoke, or 5 48 refuse to issue an operating permit and the reason for 5 49 the action by service in the same manner as an 5 50 original notice or by certified mail. An owner may 6 1 appeal the commissioner's initial decision to the 6 2 safety board.The appeal shall be heard by an6 3administrative law judge of the department of6 4inspections and appeals. An owner who, after a6 5hearing before an administrative law judge, is6 6aggrieved by a suspension, revocation, or refusal to6 7issue an operating permit may appeal to the employment6 8appeal board created under section 10A.601. Notice of6 9appeal shall be filed with the appeal board within6 10thirty calendar days from receipt of the notice of the6 11commissioner's action.The decision of the safety 6 12 board shall be considered final agency action pursuant 6 13 to chapter 17A. 6 14 Sec. 21. Section 89A.10, subsection 2, unnumbered 6 15 paragraphs 2 and 3, Code 2003, are amended by striking 6 16 the unnumbered paragraphs. 6 17 Sec. 22. Section 89A.11, Code 2003, is amended to 6 18 read as follows: 6 19 89A.11 NONCONFORMING FACILITIES. 6 20 Thecommissionersafety board, pursuant to rule, 6 21 may grant exceptions and variances from the 6 22 requirements of rules adopted for any facility. 6 23 Exceptions or variations shall be reasonably related 6 24 to the age of the facility, and may be conditioned 6 25 upon a repair or modification of the facility deemed 6 26 necessary by thecommissionersafety board to assure 6 27 reasonable safety. However,noan exception or 6 28 variancemayshall not be granted except to prevent 6 29 undue hardship. Such facilities shall be subject to 6 30 orders issued pursuant to section 89A.10. 6 31 Sec. 23. Section 89A.13, Code 2003, is amended by 6 32 striking the section and inserting in lieu thereof the 6 33 following: 6 34 89A.13 ELEVATOR SAFETY BOARD. 6 35 1. An elevator safety board is created within the 6 36 division of labor services in the department of 6 37 workforce development to formulate definitions and 6 38 rules for the safe and proper installation, repair, 6 39 maintenance, alteration, use, and operation of 6 40 facilities in this state. 6 41 2. The safety board is composed of nine members, 6 42 one of whom shall be the commissioner or the 6 43 commissioner's designee. The governor shall appoint 6 44 the remaining eight members of the board, subject to 6 45 senate confirmation, to staggered four-year terms 6 46 which shall begin and end as provided in section 6 47 69.19. The members shall be as follows: two 6 48 representatives from an elevator manufacturing company 6 49 or its authorized representative; two representatives 6 50 from elevator servicing companies; one building owner 7 1 or manager; one representative employed by a local 7 2 government in this state who is knowledgeable about 7 3 building codes in this state; one representative of 7 4 workers actively involved in the installation, 7 5 maintenance, and repair of elevators; and one licensed 7 6 mechanical engineer. 7 7 3. A vacancy in membership shall be filled in the 7 8 same manner as the original appointment. The members 7 9 shall serve without salary, but shall be reimbursed 7 10 for actual and necessary expenses incurred in the 7 11 performance of official duties as a member. 7 12 4. The members of the safety board shall select a 7 13 chairperson, vice chairperson, and a secretary from 7 14 their membership. However, neither the commission nor 7 15 the commissioner's designee shall serve as 7 16 chairperson. The safety board shall meet at least 7 17 quarterly but may meet as often as necessary. 7 18 Meetings shall be set by a majority of the safety 7 19 board or upon the call of the chairperson, or in the 7 20 chairperson's absence, upon the call of the vice 7 21 chairperson. A majority of the safety board members 7 22 shall constitute a quorum. 7 23 5. The owner or user of equipment regulated under 7 24 this chapter may appeal a notice of defect or an 7 25 inspection report to the safety board within thirty 7 26 days after the issuance of the notice or report. 7 27 Safety board action constitutes final agency action 7 28 for purposes of chapter 17A. 7 29 6. The safety board shall adopt rules pursuant to 7 30 chapter 17A necessary to administer the duties of the 7 31 board. 7 32 7. Not later than July 1, 2005, and every three 7 33 years thereafter, the safety board shall conduct a 7 34 comprehensive review of existing elevator and facility 7 35 rules, regulations, and standards. 7 36 Sec. 24. Section 89A.14, Code 2003, is amended to 7 37 read as follows: 7 38 89A.14 CONTINUING DUTY OF OWNER. 7 39 Every facility shall be maintained by the owner in 7 40 a safe operating condition and in conformity with the 7 41 rules adopted by thecommissionersafety board. 7 42 Sec. 25. Section 89A.15, Code 2003, is amended to 7 43 read as follows: 7 44 89A.15 INSPECTIONS BY LOCAL AUTHORITIES. 7 45NoA city or other governmental subdivision shall 7 46 not make or maintain any ordinance, bylaw, or 7 47 resolution providing for the licensing of special 7 48 inspectors. An ordinance or resolution relating to 7 49 the inspection, construction, installation, 7 50 alteration, maintenance, or operation of facilities 8 1 within the limits of the city or governmental 8 2 subdivision, which conflicts with this chapter or with 8 3 rules adoptedby the commissionerpursuant to this 8 4 chapter is void. The commissioner, in the 8 5 commissioner's discretion, may accept inspections by 8 6 local authorities in lieu of inspections required by 8 7 section 89A.6, but only upon a showing by the local 8 8 authority that applicable laws and rules will be 8 9 consistently and literally enforced, and that 8 10 inspections will be performed by special inspectors. 8 11 Sec. 26. Section 89A.18, Code 2003, is amended to 8 12 read as follows: 8 13 89A.18 CIVIL PENALTY. 8 14 If upon notice and hearing the commissioner 8 15 determines that an owner has operated a facility after 8 16 an order of the commissioner that suspends, revokes, 8 17 or refuses to issue an operating permit for the 8 18 facility has become final under section 89A.10, 8 19 subsection 2, the commissioner may assess a civil 8 20 penalty against the owner in an amount not exceeding 8 21 five hundred dollars, as determined by the 8 22 commissioner. An order assessing a civil penalty is 8 23 subject to appealand judicial reviewunder section 8 24 89A.10, subsection 2, in the same manner and to the 8 25 same extent as decisions referred to in that 8 26 subsection. The commissioner may commence an action 8 27 in the district court to enforce payment of the civil 8 28 penalty. No record of assessment against or payment 8 29 of a civil penalty by any person for a violation of 8 30 this section shall be admissible as evidence in any 8 31 court in any civil action. Revenue from the penalty 8 32 provided in this section shall be remitted to the 8 33 treasurer of state for deposit in the state general 8 34 fund. 8 35 Sec. 27. NEW SECTION. 89A.19 ELEVATOR SAFETY 8 36 FUND – FEES APPROPRIATED. 8 37 A revolving elevator safety fund is created in the 8 38 state treasury under the control of the commissioner 8 39 and shall consist of moneys collected by the 8 40 commissioner as fees. Moneys in the fund are 8 41 appropriated to and shall be used by the commissioner 8 42 to pay the actual costs and expenses necessary to 8 43 operate the safety board and perform the duties of the 8 44 commissioner as described in this chapter. All fees 8 45 collected by the commissioner pursuant to this chapter 8 46 shall be remitted to the treasurer of state to be 8 47 deposited in the elevator safety fund. All salaries 8 48 and expenses properly chargeable to the fund shall be 8 49 paid from the fund. Section 8.33 does not apply to 8 50 any moneys in the fund. Notwithstanding section 9 1 12C.7, subsection 2, interest or earnings on moneys 9 2 deposited in the fund shall be credited to the fund. 9 3 Sec. 28. NEW SECTION. 89A.20 FUTURE REPEAL. 9 4 This chapter is repealed effective July 1, 2012. 9 5 Sec. 29. Section 602.8102, subsection 25, Code 9 6 Supplement 2003, is amended to read as follows: 9 7 25. Carry out duties relating to the judicial 9 8 review of orders of theemployment appealelevator 9 9 safety board as provided in section 89A.10, subsection 9 10 2. 9 11 Sec. 30. FY 2004-2005 FEE DISPOSITION – INTENT. 9 12 Notwithstanding sections 89.8 and 89A.19 or any other 9 13 provision of law to the contrary, revenues from fees 9 14 imposed or collected during the fiscal year beginning 9 15 July 1, 2004, and the amount of accruals of those 9 16 revenues collected from the fees imposed or collected 9 17 before June 30, 2005, but not remitted to the 9 18 commissioner until after June 30, 2005, shall be 9 19 deposited in the general fund of the state. It is the 9 20 intent of the general assembly that the moneys 9 21 appropriated from the general fund of the state to the 9 22 division of labor services of the department of 9 23 workforce development for the fiscal year beginning 9 24 July 1, 2005, and ending June 30, 2006, be reduced by 9 25 the total amount of revenues projected to be deposited 9 26 in the boiler and pressure vessel safety fund created 9 27 by section 89.8 and the elevator safety fund created 9 28 by section 89A.19 in the fiscal year beginning July 1, 9 29 2005. 9 30 Sec. 31. EFFECTIVE DATE. This Act, being deemed 9 31 of immediate importance, takes effect upon enactment." 9 32 #2. Title page, by striking lines 1 through 4 and 9 33 inserting the following: "An Act relating to 9 34 equipment and installation safety programs 9 35 administered by the division of labor services of the 9 36 department of workforce development, and providing an 9 37 effective date." 9 38 9 39 9 40 9 41 NEAL SCHUERER 9 42 9 43 9 44 9 45 WILLIAM A. DOTZLER 9 46 9 47 9 48 9 49 BOB BRUNKHORST 9 50 HF 2447.204 80 10 1 kh/sh
Text: S05239 Text: S05241 Text: S05200 - S05299 Text: S Index Bills and Amendments: General Index Bill History: General Index
© 2004 Cornell College and League of Women Voters of Iowa
Comments about this site or page?
webmaster@legis.iowa.gov.
Please remember that the person listed above does not vote on bills. Direct all comments concerning legislation to State Legislators.
Last update: Thu Apr 1 03:31:10 CST 2004
URL: /DOCS/GA/80GA/Legislation/S/05200/S05240/040331.html
jhf