Bill Text: HI HB1381 | 2017 | Regular Session | Amended
Bill Title: Relating To Elevator Mechanics.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Enrolled - Dead) 2017-04-18 - Received notice of Senate conferees (Sen. Com. No. 680). [HB1381 Detail]
Download: Hawaii-2017-HB1381-Amended.html
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HOUSE OF REPRESENTATIVES |
H.B. NO. |
1381 |
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TWENTY-NINTH LEGISLATURE, 2017 |
H.D. 2 |
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STATE OF HAWAII |
S.D. 1 |
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A BILL FOR AN ACT
RELATING TO ELEVATOR MECHANICS.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Chapter 448H, Hawaii Revised Statutes, is amended by adding three new sections to be appropriately designated and to read as follows:
"§448H- Examination. Every applicant for a license shall:
(1) Be at least eighteen years of age;
(2) Pass the licensing examination with an examination score of not less than seventy per cent; and
(3) Not be allowed to review the applicant's answers to an examination that the applicant failed to pass.
§448H- License renewals. (a) Licenses shall expire on June 30 of each even-numbered year. Licensees seeking renewal shall pay all applicable fees and pass the competency requirements under subsection (b).
(b) Prior to each license renewal, a licensed elevator mechanic shall furnish the board with proof of completion of:
(1) An educational course related to the construction, installation, wrecking, dismantling, demolition, modernization, repair, and maintenance of elevators and other similar conveyances; or
(2) A qualified elevator inspector continuing education course offered by an American National Standards Institute accredited certifying organization;
provided that course work or proof of attendance thereof shall total not less than ten hours per license renewal cycle.
§448H- Elevator mechanics; scope of work. All construction, reconstruction, wrecking, dismantling, demolition when an elevator is to be replaced in the same hoistway, alteration, maintenance, or repair of any conveyance shall be performed by an elevator mechanic who is licensed by the board."
SECTION 2. Section 448H-1, Hawaii Revised Statutes, is amended as follows:
1. By adding a new definition to be appropriately inserted and to read:
""Conveyance" means any elevator, dumbwaiter, stage lift, mechanized parking garage elevator, escalator, moving walk or ramp, or lift."
2. By amending the definition of "elevator mechanic" to read:
""Elevator mechanic" means any
person who [engages in the construction, reconstruction, alteration,
maintenance, mechanical, or electrical work or adjustments of any elevator,
dumbwaiter, stage lift, mechanized parking garage elevator, escalator, moving
walk or ramp, lift including any construction, reconstruction, alteration, or
adjustment of the structure or facility of which the same may be a part or to
which the same may be attached, necessary for proper completion of the work on
the elevator, dumbwaiter, stage lift, mechanized parking garage elevator,
escalator, moving walk or ramp, or lift.] possesses an elevator
mechanics license issued by the board and is engaged in erecting, constructing,
installing, altering, servicing, repairing, or maintaining conveyances covered
by this chapter."
SECTION 3. Section 448H-2, Hawaii Revised Statutes, is amended to read as follows:
"[[]§448H-2[]] License
required. No person shall operate or practice as an elevator mechanic in
the State unless the person is licensed under this chapter."
SECTION 4. Section 448H-4, Hawaii Revised Statutes, is amended to read as follows:
"§448H-4 Meetings. The board
shall meet not less than [twice] four times a year at a time and
place as determined by the board. The board shall also meet [but not] no
later than thirty days prior to the licensing examination pursuant to section
448H-5(2) in order to evaluate applications [therefor.] for
licensure. Any board member who misses two consecutive meetings of the
board or fifty per cent of the meetings in a year shall be removed from the
board."
SECTION 5. Section 448H-5, Hawaii Revised Statutes, is amended to read as follows:
"§448H-5 Powers and duties of the board. In addition to any other powers and duties authorized by law, the board shall:
(1) Adopt rules in accordance with chapter 91 to carry out the purposes of this chapter;
(2) Develop, apply, review and upgrade appropriate techniques, including examinations and investigations for determining whether a person meets the requirements of this chapter and standards to insure that elevator mechanics will be persons qualified to serve as such;
(3) Prescribe, at a minimum, that a nationally recognized
examination, augmented with locally developed material, be used in testing for
licensure[, the passing grade for the examination to be not less than
seventy per cent];
(4) Issue licenses to persons determined, after application of those techniques, to have met the required qualifications and revoke or suspend licenses, previously issued by the board pursuant to hearings held in accordance with chapter 91, in any case where the individual holding any license is determined substantially to have failed to conform to the required qualifications, this chapter, or the rules of the board;
(5) Establish and carry out procedures designed to insure that persons licensed as elevator mechanics will, during any period they serve as such, comply with the requirements of this chapter, the rules of the board, and chapter 397 and rules adopted thereunder;
(6) Receive, investigate, and take appropriate action with respect to, any charge or complaint filed with the board to the effect that any individual licensed as an elevator mechanic has failed to comply with the requirements of this chapter regarding any complaint regarding job performance by mechanics, the rules of the board, or chapter 397 and the rules adopted thereunder;
[(7) Register apprentice elevator mechanics;
(8)] (7) Maintain a record of its
proceedings;
[(9)] (8) Assist and advise the
department of labor and industrial relations in the adoption of rules relating
to the conditions of work for elevator mechanics including requirements related
to equipment or facilities essential for the safe installation, repair,
maintenance, or alteration of any elevator, dumbwaiter, escalator, moving walk
or ramp, and lift; and
[(10)] (9) Notify the department of labor
and industrial relations of any fact or situation that, in the opinion of the
board, constitutes a violation of chapter 397 or of any rule adopted
thereunder."
SECTION 6. Section 448H-6, Hawaii Revised Statutes, is amended to read as follows:
"§448H-6 Qualifications for license. No
person shall be licensed as an elevator mechanic unless the person has
satisfactorily passed the examination administered by the board and [satisfactorily
completed at least four years of training under the supervision of a licensed
elevator mechanic.] has met the following minimum qualifications:
(1) Obtained a certificate of completion and successfully passed the mechanic examination of a nationally recognized training program for the elevator industry such as the National Elevator Industry Educational Program; and
(2) Satisfactorily completed not less than four and one half years of full-time or equivalent elevator mechanic training; provided that not less than nine thousand hours of training were received under the supervision of a licensed elevator mechanic."
SECTION 7. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.
SECTION 8. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 9. This Act shall take effect on July 1, 2050.
Report Title:
Elevator Mechanics; Licensing; Elevator Mechanics Licensing Board
Description:
Clarifies the scope of work for elevator mechanics. Amends the licensing requirements for elevator mechanics, and the powers and duties of the Elevator Mechanics Licensing Board. Effective 7/1/2050. (SD1)
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
