|BILL AS PASSED BY HOUSE||2007-2008|
AN ACT RELATING TO ELEVATOR SAFETY
It is hereby enacted by the General Assembly of the State of Vermont:
Sec. 1. 21 V.S.A. § 144(a) is amended to read:
elevator safety review board is established within the department, and shall
five seven members, one of whom shall be the
commissioner or the commissioner’s designee, one of whom shall be the
commissioner of labor or the commissioner of labor’s designee, and four
five members to be appointed by the governor as follows: one representative
from a major elevator manufacturing company; one representative from an
elevator servicing company; an owner or manager of a multistoried building, in
which a conveyance is installed; an elevator inspector; and an
individual who actually installs, maintains and repairs conveyances. The
members appointed by the governor shall be appointed for staggered terms of
three years, and shall be entitled to compensation and expenses as provided in
32 V.S.A. § 1010.
Sec. 2. 21 V.S.A. § 152 is amended to read:
§ 152. NEW INSTALLATIONS; ANNUAL INSPECTIONS AND
(a) A new conveyance shall not be placed in operation until it has been
inspected by an elevator inspector other than the installer, and a certificate of operation has been issued.
Every conveyance subject to this subchapter shall be inspected annually by an
elevator inspector who may charge a fee for the service as established by
the board by rule. Rules adopted by the board under this subsection shall take
into account the degree of difficulty required by the inspection, the frequency
of use of the conveyance, and the mode of operation of the conveyance, such as
cable, traction, hydraulic, light use, or platform lift.
may charge a fee not to exceed $100.00 for each inspection. The inspector
shall notify the department if a conveyance is found to be in violation of this
subchapter or any rule adopted under this subchapter.
elevator inspector shall issue a certificate of operation after the inspector
has inspected a new or existing conveyance, and has determined that the
conveyance is in compliance with this subchapter. A certificate of operation
shall be renewed annually. An owner of a conveyance shall ensure that the
required inspections and tests are performed at intervals that comply with
rules adopted by the board. Certificates of operation shall be clearly
displayed on or in each conveyance
or in each machinery room.
The department may issue a conditional certificate of operation for a
conveyance that is not in complete compliance, provided the conveyance has been
inspected and determined to be safe for temporary operation. This conditional
certificate of operation
permits shall permit a conveyance to
operate for no more than 30 180 days or until the conveyance is
in compliance, whichever occurs first.
(e) The inspector shall submit $25.00 of the fee charged for each inspection to the department for each certificate of operation issued under this subchapter.
(f) As established by the board by rule, an inspector may charge a fee not to exceed $250.00 for each inspection, and this fee shall be subject to the provisions of subchapter 6 of chapter 7 of Title 32.
(g) Until rules are adopted under subsection (f) of this section, an inspector may charge a fee not to exceed $100.00, and this fee shall be subject to the provisions of subchapter 6 of chapter 7 of Title 32.
Sec. 3. COMMISSIONER OF PUBLIC SAFETY; REPORT
By January 15, 2009, the commissioner of public safety shall file a report with the house and senate committees on government operations that identifies barriers to adequate training of elevator inspectors, elevator mechanics, and lift mechanics.
Sec. 4. REPEAL
21 V.S.A. § 152(g) (inspector fee cap of $100.00) shall be repealed on the effective date of rules adopted pursuant to 21 V.S.A. § 152.
Sec. 4a. ELEVATOR SAFETY REVIEW BOARD; RULEMAKING
The general assembly finds that there exists an imminent peril to the public health, safety, or welfare that necessitates the adoption of emergency rules pursuant to 3 V.S.A. § 844 by the elevator safety review board as required by 21 V.S.A. § 152. Emergency rules shall be filed as soon as possible after notice and an opportunity to be heard by persons who may be affected by them. The board shall propose a permanent rule on the same subject at the same time that it adopts an emergency rule.
Sec. 5. EFFECTIVE DATE
This act shall take effect upon passage.
The Vermont General Assembly
115 State Street