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BILL AS INTRODUCED 2007-2008

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H.878

Introduced by Committee on Government Operations

Date:

Subject:  Public safety; labor; elevator safety; review board; conditional certificates

Statement of purpose:  This bill proposes to:  (1) add the commissioner of labor or the commissioner’s designee to the elevator safety review board; (2) add an elevator inspector to the board; (3) temporarily raise inspection fees until the board adopts fees by rule; (4) require that certificates of operation be displayed on or in each conveyance; and (5) extend the time that an elevator may operate with a conditional permit from 30 to 180 days.

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:

(a)  The elevator safety review board is established within the department, and shall consist of 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

             REGISTRATIONS

(a)  A new conveyance shall not be placed in operation until it has been inspected by an elevator inspector, and a certificate of operation has been issued.

(b)  Every conveyance subject to this subchapter shall be inspected annually by an elevator inspector who shall charge a fee for the service as established by the board by rule.  An inspector 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.

(c)  An 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.

(d)  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 to the department for each certificate of operation issued under this subchapter.

(f)  An inspector may charge a fee not to exceed $250.00 for each inspection.

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(f) (inspector fee cap of $250.00) shall be repealed on the effective date of rules adopted pursuant to 21 V.S.A. § 152(b), but not later than July 1, 2009.

Sec. 5.  EFFECTIVE DATE

This act shall take effect upon passage.



Published by:

The Vermont General Assembly
115 State Street
Montpelier, Vermont


www.leg.state.vt.us