House File 631 - Introduced
HOUSE FILE
BY WILDERDYKE
Passed House, Date Passed Senate, Date
Vote: Ayes Nays Vote: Ayes Nays
Approved
A BILL FOR
1 An Act providing for the licensure of elevator mechanics and
2 providing a penalty.
3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
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PAG LIN
1 1 Section 1. Section 89A.1, Code 2005, is amended by adding
1 2 the following new subsection:
1 3 NEW SUBSECTION. 7A. "Elevator mechanic" means any person
1 4 who installs, alters, repairs, or services an elevator,
1 5 dumbwaiter, escalator, or moving sidewalk.
1 6 Sec. 2. Section 89A.3, Code 2005, is amended by adding the
1 7 following new subsection:
1 8 NEW SUBSECTION. 7. The safety board shall adopt the
1 9 following rules by January 1, 2006:
1 10 a. Rules devising a complaint procedure that allows a
1 11 person to notify the board of a possible violation of section
1 12 89A.23.
1 13 b. Rules devising an investigation procedure to determine
1 14 whether a complaint filed for a violation of section 89A.23 is
1 15 founded.
1 16 c. A list of approved continuing education programs for
1 17 elevator mechanics.
1 18 Sec. 3. NEW SECTION. 89A.20 APPLICATION FOR ELEVATOR
1 19 MECHANIC LICENSE.
1 20 1. Any person who performs services as an elevator
1 21 mechanic shall obtain a license from the safety board pursuant
1 22 to this section.
1 23 2. A license shall not be granted to any person who has
1 24 not demonstrated their qualifications and abilities. An
1 25 applicant for an elevator mechanic license must demonstrate to
1 26 the satisfaction of the board any of the following
1 27 qualifications:
1 28 a. A certificate of completion and successful passage of
1 29 the mechanic examination of a nationally recognized training
1 30 program for the elevator industry such as the national
1 31 elevator industry educational program or its equivalent.
1 32 b. A certificate of completion of an apprenticeship
1 33 program for elevator mechanics having standards substantially
1 34 equal to those of this chapter, and registered with the
1 35 apprenticeship training, employer and labor services
2 1 employment and training administration, United States
2 2 department of labor.
2 3 c. Possession of a valid license from a state having
2 4 standards substantially equal to those of this chapter. An
2 5 applicant meeting the qualifications of this paragraph shall
2 6 be issued a license upon application and payment of the
2 7 license fee without examination.
2 8 d. Any person who furnishes the board with acceptable
2 9 proof that the person has worked as an elevator constructor or
2 10 maintenance or repair person shall, upon making application
2 11 for a license and paying the license fee, be entitled to
2 12 receive a license without an examination. The person shall
2 13 have worked without direct and immediate supervision for an
2 14 elevator contractor licensed to do business in this state.
2 15 Such employment shall not have been less than three years
2 16 immediately prior to the effective date of this Act. The
2 17 person must make application pursuant to this paragraph within
2 18 one year of the effective date of this Act.
2 19 e. A combination of documented experience and education
2 20 credits which is approved by the board including not less than
2 21 three years' work experience in the elevator industry, in
2 22 construction, maintenance, and service or repair, as verified
2 23 by current and previous employers licensed to do business in
2 24 this state immediately prior to satisfactory completion of a
2 25 written examination administered by the safety board on the
2 26 codes and standards currently in effect.
2 27 Sec. 4. NEW SECTION. 89A.21 ISSUANCE AND RENEWAL OF
2 28 LICENSES == FEES == CONTINUING EDUCATION.
2 29 1. Upon approval of an application by the board, the
2 30 commissioner may issue an elevator mechanic license, which
2 31 shall be renewable biennially. The fee for such license and
2 32 for any renewal shall be set by the safety board by rule in an
2 33 amount sufficient to meet the costs of administration. All
2 34 fees shall be deposited in the general fund of the state.
2 35 2. Whenever an emergency exists in the state due to
3 1 disaster, act of God, or work stoppage and the number of
3 2 persons in the state holding elevator mechanic licenses
3 3 granted by the board is insufficient to cope with the
3 4 emergency, a person who has a combination of documented
3 5 experience and education to perform elevator work without
3 6 direct and immediate supervision which is acceptable to the
3 7 commissioner shall seek an emergency elevator mechanic license
3 8 from the commissioner within five business days after
3 9 commencing work requiring a license under this chapter. The
3 10 commissioner shall issue such emergency temporary elevator
3 11 mechanic licenses. The person requesting licensure shall
3 12 furnish proof of competency as the commissioner may require.
3 13 Each such license shall recite that it is valid for a period
3 14 of thirty days from the date of issuance and for such
3 15 particular elevators or geographical areas as the commissioner
3 16 may designate and otherwise shall entitle the licensee to the
3 17 rights and privileges of an elevator mechanic license under
3 18 this chapter. The commissioner shall renew an emergency
3 19 elevator mechanic license previously issued during the
3 20 existence of an emergency. No fee shall be charged for an
3 21 emergency elevator mechanic license or renewal.
3 22 3. In situations where there are no licensed personnel
3 23 available to perform elevator work, the commissioner may issue
3 24 a temporary elevator mechanic license to any person who has a
3 25 combination of documented experience and education which is
3 26 acceptable to the commissioner, to perform elevator work
3 27 without direct and immediate supervision. The person shall
3 28 immediately seek a temporary elevator mechanic license from
3 29 the commissioner and shall pay such fee as the safety board
3 30 shall determine. Each such license shall recite that it is
3 31 valid for a period of thirty days from the date of issuance.
3 32 It shall be renewable as long as the shortage of license
3 33 holders continues.
3 34 4. The renewal of a permanent license issued under this
3 35 section shall be conditioned upon the submission of a
4 1 certificate of completion of a course designed to ensure the
4 2 continuing education of licensees on subjects determined by
4 3 the board in rule. Such course shall consist of not less than
4 4 eight hours of instruction that shall be attended and
4 5 completed within the two=year period immediately preceding any
4 6 such license renewal.
4 7 5. The courses shall be taught by instructors through
4 8 continuing education providers that may include, but shall not
4 9 be limited to, association seminars and labor training
4 10 programs. The safety board shall approve the continuing
4 11 education providers. All instructors shall be approved by the
4 12 safety board and exempt from the license renewal requirements
4 13 of this section, provided that such applicant was qualified as
4 14 an instructor at any time during the year immediately
4 15 preceding the scheduled date for such renewal.
4 16 6. A licensee who is unable to complete the continuing
4 17 education course required under this section prior to the
4 18 expiration of the person's license due to a temporary
4 19 disability may apply for a waiver from the safety board. The
4 20 application for such waiver shall be on a form provided by the
4 21 safety board which shall be signed under the penalty of
4 22 perjury and accompanied by a certified statement from a
4 23 competent physician attesting to such temporary disability.
4 24 Upon the termination of such temporary disability, such
4 25 licensee shall submit to the safety board a certified
4 26 statement from the same physician, if practicable, attesting
4 27 to the termination of such temporary disability, at which time
4 28 a waiver sticker, valid for ninety days, shall be issued to
4 29 such licensee and affixed to the person's license.
4 30 7. Approved continuing education providers shall keep
4 31 uniform records, for a period of ten years, of attendance of
4 32 licensees following a format approved by the safety board and
4 33 such records shall be available for inspection by the board at
4 34 its request. Approved continuing education providers shall be
4 35 responsible for the security of all attendance records and
5 1 certificates of completion, provided, however, that falsifying
5 2 or knowingly allowing another to falsify such attendance
5 3 records or certificates of completion shall constitute grounds
5 4 for suspension or revocation of the approval required under
5 5 subsection 5.
5 6 Sec. 5. NEW SECTION. 89A.22 CIVIL PENALTIES ==
5 7 SUSPENSION AND REVOCATION OF LICENSES.
5 8 A licensee under this chapter is subject to license
5 9 suspension or revocation or assessment of a civil penalty
5 10 pursuant to chapter 272C by the board upon verification that
5 11 one or more of the following circumstances exist:
5 12 1. Any false statement as to material matter in the
5 13 license application.
5 14 2. Fraud, misrepresentation, or bribery in securing a
5 15 license.
5 16 3. Failure to notify the commissioner and the owner or
5 17 lessee of an elevator or related mechanisms of any condition
5 18 not in compliance with this chapter.
5 19 4. Violation of any provision of this chapter.
5 20 Sec. 6. NEW SECTION. 89A.23 RESTRICTION ON INSTALLATION,
5 21 REPAIR, AND MAINTENANCE == PENALTY.
5 22 1. Anyone other than an elevator mechanic licensed under
5 23 this chapter who is found by the safety board to have engaged
5 24 in the installation, repair, or maintenance of a facility is
5 25 guilty of a simple misdemeanor.
5 26 2. This section does not apply to emergency personnel
5 27 acting in the scope of an emergency.
5 28 Sec. 7. Section 272C.1, subsection 6, Code 2005, is
5 29 amended by adding the following new paragraph:
5 30 NEW PARAGRAPH. ac. The elevator safety board pursuant to
5 31 section 89A.13.
5 32 Sec. 8. Section 272C.3, subsection 2, paragraph a, Code
5 33 2005, is amended to read as follows:
5 34 a. Revoke a license, or suspend a license either until
5 35 further order of the board or for a specified period, upon any
6 1 of the grounds specified in section 89A.22, 147.55, 148.6,
6 2 148B.7, 152.10, 153.34, 154A.24, 169.13, 455B.219, 542.10,
6 3 542B.21, 543B.29, 544A.13, 544B.15, or 602.3203 or chapter 151
6 4 or 155, as applicable, or upon any other grounds specifically
6 5 provided for in this chapter for revocation of the license of
6 6 a licensee subject to the jurisdiction of that board, or upon
6 7 failure of the licensee to comply with a decision of the board
6 8 imposing licensee discipline;
6 9 Sec. 9. Section 272C.4, subsection 6, Code 2005, is
6 10 amended to read as follows:
6 11 6. Define by rule acts or omissions that are grounds for
6 12 revocation or suspension of a license under section 89A.22,
6 13 147.55, 148.6, 148B.7, 152.10, 153.34, 154A.24, 169.13,
6 14 455B.219, 542.10, 542B.21, 543B.29, 544A.13, 544B.15, or
6 15 602.3203 or chapter 151 or 155, as applicable, and to define
6 16 by rule acts or omissions that constitute negligence, careless
6 17 acts, or omissions within the meaning of section 272C.3,
6 18 subsection 2, paragraph "b", which licensees are required to
6 19 report to the board pursuant to section 272C.9, subsection 2;
6 20 EXPLANATION
6 21 This bill establishes a licensing process for elevator
6 22 mechanics. The bill lists the qualifications to obtain an
6 23 elevator mechanic license, the information required for the
6 24 application, the duration of the license, and continuing
6 25 education and renewal requirements.
6 26 The bill sets up procedures for the suspension or
6 27 revocation of a license or assessment of a civil penalty, the
6 28 decision process, and the appeals process.
6 29 The bill prohibits anyone other than a licensed elevator
6 30 mechanic from installing, repairing, or maintaining a facility
6 31 defined under Code chapter 89A. The bill provides an
6 32 exception for emergency personnel acting in an emergency. Any
6 33 unlicensed person performing service as an elevator repair
6 34 person, except in an emergency, is guilty of a simple
6 35 misdemeanor.
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