The Vermont Statutes Online

Title 21: Labor

Chapter 3: SAFETY

 

Sub-Chapter 1: Safety Inspections

§§ 101-109. Repealed. 1967, No. 291 (Adj. Sess.), § 1, eff. Jan. 1, 1969.


§§ 111-124. Repealed. 1971, No. 205 (Adj. Sess.), § 7, eff. date, see note set out below.


 

Sub-Chapter 2: Boilers And Pressure Vessels

§§ 141-152. Repealed. 1971, No. 205 (Adj. Sess.), § 7, eff. date, see note set out below.


 

Sub-Chapter 2A: Elevators And Conveyances

§ 141. Purpose; definitions

(a) The purpose of this subchapter is to assure that elevators and other automated conveyances are correctly and safely installed and operated within the state by authorizing and enforcing rules for the design, installation, operation and maintenance of automated people conveyances, and by licensing mechanics and inspectors who work on these conveyances.

(b) For the purposes of this subchapter:

(1) "Board" means the elevator safety review board.

(2) "Certificate of operation" means a document issued by the department indicating that a conveyance has passed the required safety inspection, and the conveyance may be operated for a year from the date the certificate is issued.

(3) "Commissioner" means the commissioner of public safety or the commissioner's designee.

(4) "Conditional certificate of operation" means a document issued by the department that permits a conveyance that is not in compliance with rules adopted under this subchapter, but, after inspection, has been deemed safe for temporary operation to operate for up to 30 days or until the conveyance is in compliance, whichever occurs earlier.

(5) "Conveyance" means an electrically-driven mechanical device that moves people or materials vertically, and includes elevators, escalators, platform lifts and stairway chairlifts.

(6) "Department" means the department of public safety.

(7) "Elevator inspector" means an individual who is licensed by the commissioner to perform safety inspections of newly installed and existing conveyances.

(8) "Elevator mechanic" means an individual who is licensed by the commissioner to erect, construct, install, alter, service, repair and maintain conveyances.

(9) "Public building" has the same meaning as that term is defined in section 2730 of Title 20.

(10) "Lift mechanic" means an individual who is licensed by the commissioner to erect, construct, install, alter, service, repair and maintain platform lifts and stairway chairlifts. (Added 2001, No. 60, § 1, eff. June 16, 2001; amended 2001, No. 151 (Adj. Sess.), § 44b, eff. June 27, 2002; 2005, No. 8, § 6, eff. April 25, 2005.)


§ 142. Conveyances regulated

(a) This subchapter regulates the design, construction, operation, inspection, testing, maintenance, alteration, and repair of the following conveyances and associated parts that are installed in or on a public building:

(1) Hoisting and lowering mechanisms equipped with a car or platform, that moves between two or more landings, including:

(A) Elevators.

(B) Platform lifts and stairway chairlifts.

(C) Power-driven stairways.

(D) Escalators.

(2) Hoisting and lowering mechanisms equipped with a car that serves two or more landings and is designed to carry material, not people, but not including dumbwaiters.

(b) This subchapter does not cover the conveyances that are regulated by the Vermont tramway board or by the rules of the Vermont occupational and safety administration, or by the Federal Mine Safety and Health Act, 30 U.S.C.A. § 801 et seq. (Added 2001, No. 60, § 1, eff. June 16, 2001.)


§ 143. License required

No person shall erect, construct, wire, alter, replace, or maintain any conveyance located in any public building in this state unless the person is licensed as an elevator mechanic, except that person who is licensed as a lift mechanic may erect, construct, wire, alter, replace, or maintain any conveyance located in any public building. An apprentice or helper may perform any of the activities described in this section only when a mechanic licensed under this chapter is physically present and is immediately available to direct and supervise that apprentice or helper. (Added 2001, No. 60, § 1, eff. July 1, 2002; amended 2001, No. 151 (Adj. Sess.), § 44d, eff. June 27, 2002; 2005, No. 8, § 6a, eff. April 25, 2005.)


§ 144. Elevator safety review board; members; duties

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

(b) The board shall:

(1) Adopt rules regarding the following:

(A) Safety standards for the operation, maintenance, servicing, construction, alteration, installation, and inspection of conveyances covered by this subchapter. At a minimum, the board shall adopt rules that include the Safety Code for Elevators and Escalators, ASME A17.1; the Safety Code for Existing Elevators and Escalators, ASME A17.3; the Safety Standards for Platform Lifts and Stairway Chairlifts, ASME A18.1; and Standard for the Qualification of Elevator Inspectors, ASME QEI-1. The board shall amend the rules to include any changes or amendments to these standards within six months after the effective date of the standard changes. The board may adopt rules to modify these standards as the board deems necessary.

(B) Any other rule necessary to implement this subchapter.

(2) Grant variances, provided the variance provides an equal or greater level of public safety. The decision of the board in regard to an application for a variance shall be final.

(c) The board may:

(1) Adopt rules for temporary elevator mechanic licenses in the event of an emergency.

(2) Contract with a national testing service to develop and administer licensing examinations. (Added 2001, No. 60, § 1, eff. June 16, 2001; amended 2007, No. 153 (Adj. Sess.), § 6a.)


§ 145. Elevator mechanic license and lift mechanic license

An individual shall submit to the commissioner a written application for an elevator mechanic or a lift mechanic license on a form provided by the board, accompanied by the required fee. A license shall be granted to an applicant who demonstrates to the satisfaction of the board that the applicant meets the qualifications established by the board. An individual who holds an elevator mechanic license may work on platform lifts and stairway chairlifts without a lift mechanic license. An individual who holds only a lift mechanic license may not work on elevators without an elevator mechanic license. (Added 2001, No. 60, § 1, eff. June 16, 2001; amended 2001, No. 151 (Adj. Sess.), § 44c, eff. June 27, 2002.)


§ 146. Elevator inspector license

An individual shall submit to the commissioner a written application for an elevator inspector license on a form provided by the board, accompanied by the required fee. A license shall be granted to an applicant who demonstrates to the satisfaction of the board that the applicant meets the qualifications established by the board. (Added 2001, No. 60, § 1, eff. June 16, 2001.)


§ 147. Examination not required

A license for elevator mechanic or inspector shall be issued to an applicant, upon application and payment of the required fee, or to an individual who holds a comparable valid license or certification from a state that has equal or more stringent requirements. (Added 2001, No. 60, § 1, eff. June 16, 2001.)


§ 148. Issuance and renewal of licenses; fees

(a) A license issued by the board shall be valid for two years. The board may renew a license, provided the applicant submits a written application for renewal accompanied by the required fee prior to expiration of the license.

(b) Applicants for license renewal shall provide evidence, satisfactory to the board, of completion of eight hours of instruction approved by the board, designed to ensure the continued qualifications of the applicant.

(c) License and renewal fees are as follows:

(1) Elevator mechanic license: $75.00.

(2) Elevator inspector license: $150.00.

(3) Lift mechanic license: $50.00. (Added 2001, No. 60, § 1, eff. June 16, 2001; amended 2001, No. 151 (Adj. Sess.), § 44e, eff. June 27, 2002.)


§ 149. Civil penalties; suspension; revocation of license

After notice and hearing, the board may suspend or revoke a license and assess administrative penalties pursuant to section 156 of this title for any of the following reasons:

(1) Fraud or deceit in obtaining the license.

(2) Failure to notify the department and the owner or lessee of a conveyance of noncompliance of the conveyance with the standards adopted under this subchapter.

(3) Violation of any provisions of this subchapter. (Added 2001, No. 60, § 1, eff. July 1, 2002.)


§ 150. Registration of conveyances

(a) The owner or lessee of a conveyance shall register the conveyance with the department, pursuant to rules adopted by the board. The registration shall include the type, rated load and speed, manufacturer, location, purpose, date of installation, and any additional information the board may require.

(b) The commissioner may, after notice and hearing, assess an administrative penalty of no more than $1,000.00 against a building owner or lessee who fails to register a conveyance as required by this subchapter. (Added 2001, No. 60, §§ 1, 3a, eff. date see notes set out below.)


§ 151. Permits

(a) No conveyance shall be erected, constructed, installed or altered in a public building unless a permit has been obtained from the department before work is commenced. Before a material alteration, as defined by rule, is begun, the conveyance shall conform to rules adopted by the board regulating the alteration. A copy of the permit shall be kept at the construction site at all times while work is in progress.

(b) Each application for a permit shall be accompanied by a fee of $25.00, and copies of specifications and accurately-scaled and fully-dimensioned plans that clearly indicate location of the elevator in the building; the location of the machinery room and the equipment to be installed, relocated or altered; all structural supporting members, including foundations; and a specification of all materials to be used and all loads to be supported or conveyed. The plans and specifications shall be sufficiently complete to illustrate all details of construction and design.

(c) A permit may be revoked for any of the following reasons:

(1) A false statement or a misrepresentation of a material fact in the application, plans, or specifications on which the permit was based.

(2) Failure of the permittee to perform work in accordance with the conditions of the permit, the provisions of the application, plans or specifications, or with the standards required by this subchapter.

(3) Failure of the permit holder to comply with any order issued pursuant to section 154 of this title.

(d) Work shall commence within six months after the date of issuance of a permit, or within a shorter period of time as the commissioner may specify in the permit.

(e) A permit shall expire if work is suspended or abandoned for more than 60 days after work has begun, or a shorter period of time as the commissioner may specify in the permit. For good cause shown, the commissioner may extend this period. (Added 2001, No. 60, § 1, eff. July 1, 2002.)


§ 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 other than the installer, and a certificate of operation has been issued.

(b) 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. 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.

(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 shall permit a conveyance to operate for no more than 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) Repealed.]  (Added 2001, No. 60, § 1, eff. July 1, 2002; amended 2007, No. 153 (Adj. Sess.), § 6b.)


§ 153. Insurance requirements; license

A licensed elevator inspector shall submit to the department an insurance policy, or certified copy issued by an insurance company authorized to do business in Vermont, that provides general liability coverage in an amount to be determined, by rule. (Added 2001, No. 60, § 1, eff. June 16, 2001.)


§ 154. Enforcement

(a) The commissioner may contract with elevator inspectors to perform random on-site inspections and tests on existing conveyances, conduct periodic inspections and tests to ensure satisfactory performance by licensed individuals, and develop public awareness programs.

(b) If the commissioner finds a violation of this subchapter, the commissioner may:

(1) Order the owner of the premises or the owner's agent and the individuals performing the work to correct or remove the violation.

(2) Suspend or retract the permit.

(3) Order the owner, a public utility or a private party furnishing electricity to the installation not to connect or disconnect electrical energy from the conveyance until the violation is corrected. (Added 2001, No. 60, § 1, eff. June 16, 2001.)


§ 155. Liability

This subchapter shall not be construed to relieve any person that owns, operates, controls, maintains, erects, constructs, installs, alters, inspects, tests or repairs any elevator or other conveyance covered by this subchapter from liability for damages to persons or property caused by any defect in any conveyance. (Added 2001, No. 60, § 1, eff. June 16, 2001.)


§ 156. Penalty

(a) Any owner or lessee who violates any of the provisions of this subchapter shall be fined not more than $1,500.00 for each occurrence.

(b) The commissioner may, after notice and hearing, assess an administrative penalty of not more than $1,000.00 for each violation of this subchapter.

(c) Any person who erects, constructs, wires, alters, replaces, or maintains any conveyance located in any public building in this state without being licensed as required by this subchapter, or who employs an unlicensed person to perform this work, shall be fined not more than $1,000.00 for each offense. (Added 2001, No. 60, § 1, eff. July 1, 2002.)


§ 157. Elevator safety fund; creation

The elevator safety fund is created for the purpose of funding the elevator safety inspection and licensing program. All revenues from fees collected for licensing elevator mechanics and inspectors, and issuing permits and certificates of operation, shall be deposited in the fund. The commissioner, pursuant to an appropriation from the fund, shall request disbursements from the fund by the commissioner of finance and management. The fund shall be maintained by the state treasurer and shall be managed in accordance with the provisions of subchapter 5 of chapter 7 of Title 32. (Added 2001, No. 60, § 1, eff. June 16, 2001.)


 

Sub-Chapter 3: Reports

§§ 191, 192. Repealed. 1971, No. 205 (Adj. Sess.), § 7, eff. date, see note set out below.


 

Sub-Chapter 4: General Provisions

§ 201. Occupational policy

(a) It is the policy of the State of Vermont that in their employment all persons shall be provided by their employers with safe and healthful working conditions at their work place, and that insofar as practicable an employee shall not experience diminished health, functional capacity, or life expectancy as a result of his or her work experience.

(b) It is also the policy of the State that practices and procedures prescribed by an employer for performance of work or duties by his or her employees shall not be insofar as practicable, dangerous to the life, body, or well being of the employees.

(c) It is the legislative intent that:

(1) The provisions of the Occupational Safety and Health Act of 1970, as enacted by the Congress of the United States of America, which may be administered by a State agency, shall be administered and enforced in this State, by the State.

(2) To effectuate the policy of the State, standards promulgated under the Occupational Safety and Health Act of 1970, enacted by Congress, and as amended at any time, when applicable to employment in the State of Vermont, shall be prescribed in rules made under this subchapter; and

(3) The State of Vermont shall cooperate with the appropriate federal agencies in carrying out the purposes of the Occupational Safety and Health Act of 1970 and the VOSHA Code of the State. (Added 1971, No. 205 (Adj. Sess.), § 1; amended 2013, No. 96 (Adj. Sess.), § 126.)


§ 202. General purpose

The purpose of this chapter is to provide efficient implementation of the policy of the state expressed in section 201 of this title. (Added 1971, No. 205 (Adj. Sess.), § 1.)


§ 203. Definitions

As used in this chapter:

(1) "Act" means the Occupational Safety and Health Act of 1970, enacted by the Congress of the United States of America, and rules made thereunder, as amended at any time.

(2) "Commissioner" means the commissioner of labor or designee.

(3) "Department" means the department of labor.

(4) "Director" means the director of occupational health.

(5) "Division" means the division of occupational health.

(6) "Employee" means any person engaged in service to an employer for wages, salary or other compensation, excluding an independent contractor.

(7) "Employer" means a person, as hereinafter defined, who employs one or more persons.

(8) "Person" means a natural person, corporation, partnership, trust, society, club, association or other organization, including municipalities and the state and its instrumentalities.

(9) "Place of employment" means any place where an employee is engaged in performance of his or her work or duties, or which is used in connection with an employee's employment. It includes structures, buildings, machinery, equipment, tools, appliances and materials used in connection with the employment. It also includes land and premises where an employer is carrying on any activity or business involving the use of one or more employees.

(10) "Premises" means land and the structures thereon which contains a place of employment as herein defined.

(11) "Rule" means a rule or regulation.

(12) "VOSHA Code" means subchapters 4 and 5 of this chapter and chapter 28 of Title 18, and the rules adopted thereunder.

(13) "Review board" means the occupational safety and health review board.

(14) "Secretary of Labor" means the Secretary of Labor of the United States of America.

(15) "Secretary" means the secretary of human services. (Added 1971, No. 205 (Adj. Sess.), § 1; amended 1973, No. 214 (Adj. Sess.), § 17; 1979, No. 121 (Adj. Sess.), § 3; 2005, No. 103 (Adj. Sess.), § 3, eff. April 5, 2006.)


§ 204. Rules and procedure

(a) Chapter 25 of Title 3, relating to administrative procedure, shall apply to this chapter and the VOSHA Code.

(b) All or part of a printed publication of standards or rules, including but not limited to standards promulgated under the act, may be made a rule or part of a rule under this chapter or the VOSHA Code, by reference in the rule to the printed publication by its title and where it may be procured at the time the rule is promulgated under this chapter. (Added 1971, No. 205 (Adj. Sess.), § 1.)