House File 576 - Introduced



                                       HOUSE FILE       
                                       BY  WILDERDYKE


    Passed House, Date                Passed Senate,  Date             
    Vote:  Ayes        Nays           Vote:  Ayes        Nays         
                 Approved                            

                                      A BILL FOR

  1 An Act concerning elevators, by providing for membership on the
  2    elevator safety board, variances for residential elevators in
  3    churches, and providing applicability and effective date
  4    provisions.
  5 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  6 TLSB 2796HH 81
  7 ec/sh/8

PAG LIN



  1  1    Section 1.  Section 89A.11, Code 2005, is amended to read
  1  2 as follows:
  1  3    89A.11  NONCONFORMING FACILITIES.
  1  4    1.  The safety board, pursuant to rule, may grant
  1  5 exceptions and variances from the requirements of rules
  1  6 adopted for any facility.  Exceptions or variations shall be
  1  7 reasonably related to the age of the facility, and may be
  1  8 conditioned upon a repair or modification of the facility
  1  9 deemed necessary by the safety board to assure reasonable
  1 10 safety.  However, an exception or variance shall not be
  1 11 granted except to prevent undue hardship.  Such facilities
  1 12 shall be subject to orders issued pursuant to section 89A.10.
  1 13    2.  If the safety board grants a variance allowing an
  1 14 elevator designed for residential use to be installed in a
  1 15 church or other house of worship, the variance shall only be
  1 16 granted subject to the following conditions:
  1 17    a.  A new installation of an elevator shall be required to
  1 18 pass inspection by a state inspector.
  1 19    b.  The elevator shall pass annual inspections by special
  1 20 inspectors and be subject to annual safety tests.
  1 21    c.  The state shall not assume liability under chapter 669
  1 22 for any accidents, illnesses, injuries, or other losses that
  1 23 may result from the use, misuse, or installation of a
  1 24 residential elevator in a church or house of worship.
  1 25    d.  Freight shall not be transported on the elevator.
  1 26    e.  The applicable weight limit and a notice that
  1 27 transportation of freight is prohibited shall be prominently
  1 28 posted on the elevator.
  1 29    Sec. 2.  Section 89A.13, subsection 2, Code 2005, is
  1 30 amended to read as follows:
  1 31    2.  The safety board is composed of nine members, one of
  1 32 whom shall be the commissioner or the commissioner's designee.
  1 33 The governor shall appoint the remaining eight members of the
  1 34 board, subject to senate confirmation, to staggered four=year
  1 35 terms which shall begin and end as provided in section 69.19.
  2  1 The members shall be as follows:  two representatives one
  2  2 representative from an elevator manufacturing company or its
  2  3 authorized representative; two representatives one
  2  4 representative from an elevator servicing companies company;
  2  5 one building owner or manager; one representative employed by
  2  6 a local government in this state who is knowledgeable about
  2  7 building codes in this state; one representative of workers
  2  8 actively involved in the installation, maintenance, and repair
  2  9 of elevators; one member of the general public; and one two
  2 10 licensed mechanical engineer engineers.
  2 11    Sec. 3.  APPLICABILITY.  The section of this Act amending
  2 12 section 89A.13 is applicable to appointments or reappointments
  2 13 made to the elevator safety board on or after the effective
  2 14 date of this Act.
  2 15    Sec. 4.  EFFECTIVE DATE.  This Act, being deemed of
  2 16 immediate importance, takes effect upon enactment.
  2 17                           EXPLANATION
  2 18    This bill deals with the elevator safety board concerning
  2 19 membership on the board and the authority of the board to
  2 20 grant variances.
  2 21    Code section 89A.11, concerning variances granted by the
  2 22 elevator safety board, is amended to require certain
  2 23 conditions if a variance is granted to allow a residential
  2 24 elevator in a church.  The bill provides that a variance to
  2 25 allow a residential elevator in a church shall only be allowed
  2 26 if the elevator is inspected by a state inspector and subject
  2 27 to annual inspections and safety tests, the state assumes no
  2 28 liability under the state tort claims Act for any use of the
  2 29 elevator, freight shall not be permitted on the elevator, and
  2 30 a notice shall be posted on the elevator indicating the weight
  2 31 limit and freight prohibition.
  2 32    The bill also changes the membership on the elevator safety
  2 33 board.  The bill adds one member of the general public and an
  2 34 additional licensed mechanical engineer to the board and
  2 35 reduces to one the number of representatives from an elevator
  3  1 manufacturing company and an elevator servicing company.  The
  3  2 bill provides that this change in membership applies to
  3  3 appointments and reappointments made on or after the effective
  3  4 date of the bill.
  3  5    The bill takes effect upon enactment.
  3  6 LSB 2796HH 81
  3  7 ec:nh/sh/8