Senate File 417 - Reprinted SENATE FILE BY COMMITTEE ON LABOR AND BUSINESS RELATIONS (SUCCESSOR TO SF 233) Passed Senate, Date Passed House, Date Vote: Ayes Nays Vote: Ayes Nays Approved A BILL FOR 1 An Act providing for the licensure of elevator contractors and 2 elevator mechanics and providing penalties. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 2428SV 82 5 jr/es/88 PAG LIN 1 1 Section 1. Section 89A.1, Code 2007, is amended by adding 1 2 the following new subsections: 1 3 NEW SUBSECTION. 6A. "Elevator contractor" means any 1 4 person who is engaged in the business of erecting, 1 5 constructing, installing, altering, servicing, repairing, 1 6 testing, or maintaining elevators or other conveyances covered 1 7 by this chapter. 1 8 NEW SUBSECTION. 6B. "Elevator mechanic" means any person 1 9 who installs, alters, repairs, or services an elevator, 1 10 dumbwaiter, escalator, moving sidewalk, or other conveyances 1 11 covered by this chapter. 1 12 NEW SUBSECTION. 6C. "Helper/apprentice" means a person 1 13 who assists a licensed contractor or mechanic and who works 1 14 under the general supervision of the licensed contractor or 1 15 mechanic. 1 16 Sec. 2. Section 89A.3, Code 2007, is amended by adding the 1 17 following new subsection: 1 18 NEW SUBSECTION. 7. The safety board shall adopt rules 1 19 establishing criteria for elevator contractor licenses and 1 20 containing criteria for approved continuing education programs 1 21 and instructors for elevator contractors and elevator 1 22 mechanics, and to establish the scope of work for a 1 23 helper/apprentice by January 1, 2008. 1 24 Sec. 3. NEW SECTION. 89A.20 APPLICATION FOR ELEVATOR 1 25 CONTRACTOR LICENSE. 1 26 1. Any person who performs services as an elevator 1 27 contractor shall obtain a license from the commissioner 1 28 pursuant to this section. This subsection does not apply to a 1 29 helper/apprentice working under the general supervision of a 1 30 licensed contractor or mechanic. 1 31 2. A license shall not be granted to any person who has 1 32 not demonstrated the person's qualifications and abilities, as 1 33 established in rules adopted by the safety board. 1 34 Sec. 4. NEW SECTION. 89A.21 APPLICATION FOR ELEVATOR 1 35 MECHANIC LICENSE. 2 1 1. Any person who performs services as an elevator 2 2 mechanic shall obtain a license from the commissioner pursuant 2 3 to this section. This subsection does not apply to a 2 4 helper/apprentice working under the general supervision of a 2 5 licensed contractor or mechanic. 2 6 2. A license shall not be granted to any person who has 2 7 not demonstrated the person's qualifications and abilities as 2 8 provided in this section. An applicant for an elevator 2 9 mechanic license shall demonstrate to the satisfaction of the 2 10 commissioner any of the following qualifications: 2 11 a. A certificate of completion and successful passage of 2 12 the mechanic examination of a nationally recognized training 2 13 program for the elevator industry such as the national 2 14 elevator industry educational program or its equivalent. 2 15 b. A certificate of completion of an apprenticeship 2 16 program for elevator mechanics having standards substantially 2 17 equal to those of this chapter, and registered with the office 2 18 of apprenticeship, employment and training administration, 2 19 United States department of labor. 2 20 c. Possession of a valid license from a state having 2 21 standards substantially equal to those of this chapter. An 2 22 applicant meeting the qualifications of this paragraph shall 2 23 be issued a license upon application and payment of the 2 24 license fee without examination. 2 25 d. Any person who furnishes the commissioner with 2 26 acceptable proof that the person has worked as an elevator 2 27 constructor or maintenance or repair person shall, upon making 2 28 application for a license and paying the license fee, be 2 29 entitled to receive a license without an examination. The 2 30 person shall have worked without direct and immediate 2 31 supervision for an elevator contractor licensed to do business 2 32 in this state. Such employment shall not have been for less 2 33 than three years immediately prior to the effective date of 2 34 this Act. The person must make application pursuant to this 2 35 paragraph within one year of the effective date of this Act. 3 1 e. A combination of documented experience and education 3 2 credits which is approved by the commissioner including not 3 3 less than three years' work experience in the elevator 3 4 industry, in construction, maintenance, and service or repair, 3 5 as verified by current and previous employers licensed to do 3 6 business in this state immediately prior to satisfactory 3 7 completion of a written examination administered by the 3 8 commissioner on the codes and standards currently in effect. 3 9 Sec. 5. NEW SECTION. 89A.22 ISSUANCE AND RENEWAL OF 3 10 LICENSES == FEES == CONTINUING EDUCATION. 3 11 1. Upon submission of an appropriate application, the 3 12 commissioner may issue an elevator contractor or elevator 3 13 mechanic license, which shall be renewable biennially. The 3 14 fee for such license and for any renewal shall be set by the 3 15 safety board by rule in an amount sufficient to meet the costs 3 16 of administration. 3 17 2. Whenever an emergency exists in the state due to 3 18 disaster, act of God, or work stoppage and the number of 3 19 persons in the state holding elevator mechanic licenses is 3 20 insufficient to cope with the emergency, a person who has a 3 21 combination of documented experience and education to perform 3 22 elevator work without direct and immediate supervision shall 3 23 seek an emergency elevator mechanic license from the 3 24 commissioner within five business days after commencing work 3 25 requiring a license under this chapter. The commissioner 3 26 shall issue such emergency temporary elevator mechanic 3 27 licenses if the combination of experience and education is 3 28 acceptable. The person requesting licensure shall furnish 3 29 proof of competency as the commissioner may require. Each 3 30 such license shall state that it is valid for a period of 3 31 sixty days from the date of issuance and for such particular 3 32 elevators or geographical areas as the commissioner may 3 33 designate and otherwise shall entitle the licensee to the 3 34 rights and privileges of an elevator mechanic licensed under 3 35 this chapter. The commissioner may renew an emergency 4 1 elevator mechanic license previously issued during the 4 2 existence of an emergency. A fee shall not be charged for an 4 3 emergency elevator mechanic license or renewal. 4 4 3. In situations where there are no licensed personnel 4 5 available to perform elevator work, the commissioner may issue 4 6 a temporary elevator mechanic license to any person who has a 4 7 combination of documented experience and education which is 4 8 acceptable to the commissioner, to perform elevator work 4 9 without direct and immediate supervision. The person shall 4 10 immediately seek a temporary elevator mechanic license from 4 11 the commissioner and shall pay such fee as the safety board 4 12 shall determine. Each such license shall state that it is 4 13 valid for a period of thirty days from the date of issuance. 4 14 It shall be renewable as long as the shortage of license 4 15 holders continues. 4 16 4. a. The renewal of a permanent elevator mechanic or 4 17 elevator contractor license issued under this section shall be 4 18 conditioned upon the submission of a certificate of completion 4 19 of a course designed to ensure the continuing education of 4 20 licensees on subjects determined by the board in rule. Such 4 21 course shall consist of not less than eight hours of 4 22 instruction that shall be attended and completed within the 4 23 two=year period immediately preceding any such license 4 24 renewal. 4 25 b. The courses shall be taught by instructors through 4 26 continuing education providers that may include but shall not 4 27 be limited to association seminars and labor training 4 28 programs. The commissioner shall approve the continuing 4 29 education providers and instructors. Approved instructors 4 30 shall be exempt from the license renewal requirements of this 4 31 section, provided that such applicant was qualified as an 4 32 instructor at any time during the year immediately preceding 4 33 the scheduled date for such renewal. 4 34 c. A licensee who is unable to complete the continuing 4 35 education course required under this section prior to the 5 1 expiration of the person's license due to a temporary 5 2 disability may apply for a waiver from the safety board. The 5 3 application for such waiver shall be on a form provided by the 5 4 safety board which shall be signed under the penalty of 5 5 perjury and accompanied by a certified statement from a 5 6 competent physician attesting to such temporary disability. 5 7 Upon the termination of such temporary disability, such 5 8 licensee shall submit to the safety board a certified 5 9 statement from the same physician, if practicable, attesting 5 10 to the termination of such temporary disability, at which time 5 11 a waiver sticker, valid for ninety days, shall be issued to 5 12 such licensee and affixed to the person's license. 5 13 d. Approved continuing education providers shall keep 5 14 uniform records, for a period of ten years, of attendance of 5 15 licensees following a format approved by the commissioner and 5 16 such records shall be available for inspection by the 5 17 commissioner. Approved continuing education providers shall 5 18 be responsible for the security of all attendance records and 5 19 certificates of completion. Falsifying or knowingly allowing 5 20 another to falsify attendance records or certificates of 5 21 completion shall constitute grounds for suspension or 5 22 revocation of the approval required under paragraph "b". 5 23 Sec. 6. Section 89A.17, Code 2007, is amended by adding 5 24 the following new subsection: 5 25 NEW SUBSECTION. 3. Anyone other than an elevator 5 26 contractor or elevator mechanic licensed under this chapter 5 27 who installs, repairs, or maintains a conveyance, is guilty of 5 28 a simple misdemeanor. This subsection does not apply to 5 29 emergency personnel acting in the scope of an emergency. 5 30 Sec. 7. NEW SECTION. 89A.23 CIVIL PENALTIES == 5 31 SUSPENSION AND REVOCATION OF LICENSES. 5 32 1. After conducting an investigation, the commissioner may 5 33 revoke, deny, or suspend a license in accordance with chapter 5 34 17A on any of the following grounds: 5 35 a. Any false statement as to material matter in the 6 1 license application. 6 2 b. Fraud, misrepresentation, or bribery in securing a 6 3 license. 6 4 c. Failure to notify the commissioner and the owner or 6 5 lessee of a conveyance or related mechanisms of any condition 6 6 not in compliance with this chapter. 6 7 d. Violation of any provision of this chapter. 6 8 2. A revocation, denial, or suspension of a license is 6 9 subject to review by the safety board as a contested case 6 10 pursuant to chapter 17A. 6 11 SF 417 6 12 jr:nh/cc/26