House File 144
HOUSE FILE
BY DIX
(COMPANION TO LSB 1730SS
BY BRUNKHORST)
Passed House, Date Passed Senate, Date
Vote: Ayes Nays Vote: Ayes Nays
Approved
A BILL FOR
1 An Act governing the regulation of elevators and other
2 conveyances and providing penalties.
3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
4 TLSB 1730HH 80
5 av/sh/8
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 == ELEVATOR SAFETY.
2 26 1. The purpose of this chapter is 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 2003,
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 2003, is repealed.
22 32 Sec. 31. Section 331.304, subsection 4, Code 2003, is
22 33 amended by striking the subsection.
22 34 Sec. 32. Section 602.8102, subsection 25, Code 2003, is
22 35 amended by striking the subsection.
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 1730HH 80
26 24 av/sh/8