House File 738 - Introduced HOUSE FILE BY COMMITTEE ON COMMERCE, REGULATION AND LABOR (SUCCESSOR TO HF 576) 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 2796HV 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 representativesone 2 2 representative from an elevator manufacturing company or its 2 3 authorized representative;two representativesone 2 4 representative from an elevator servicingcompaniescompany; 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; andonetwo 2 10 licensed mechanicalengineerengineers. 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 2796HV 81 3 7 ec:nh/sh/8