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