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
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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
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