Bill Text: MI HB4163 | 2015-2016 | 98th Legislature | Engrossed
Bill Title: Occupations; individual licensing and regulation; licensing of residential lift contractors; create as class of elevator contractors. Amends title & secs. 3, 4 & 15 of 1967 PA 227 (MCL 408.803 et seq.) & adds sec. 14a. TIE BAR WITH: HB 4162'15
Spectrum: Partisan Bill (Republican 17-0)
Status: (Passed) 2016-12-08 - Referred To Committee Of The Whole With Substitute S-1 [HB4163 Detail]
Download: Michigan-2015-HB4163-Engrossed.html
HB-4163, As Passed House, March 11, 2015
HOUSE BILL No. 4163
February 10, 2015, Introduced by Reps. Pscholka, Theis, Bizon, Poleski, Victory, Yonker, Maturen, McCready, Iden, Bumstead, Price, Inman, Crawford, Outman, Muxlow, Barrett and Nesbitt and referred to the Committee on Commerce and Trade.
A bill to amend 1967 PA 227, entitled
"An act to regulate the inspection, construction, installation,
alteration, maintenance, repair and operation of elevators and the
licensing of elevator contractors; to prescribe the functions of
the director of labor; to create, and prescribe the functions of,
the elevator safety board; to provide penalties for violations of
the act; and to repeal certain acts and parts of acts,"
by amending the title and sections 3, 4, and 15 (MCL 408.803,
408.804, and 408.815), section 15 as amended by 2004 PA 269, and by
adding section 14a.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
TITLE
An act to regulate the inspection, construction, installation,
alteration, maintenance, repair and operation of elevators and the
licensing of elevator contractors; to regulate the construction,
installation, alteration, maintenance, and repair of certain
residential lifts; to prescribe the functions of the director of
labor;
the department of licensing
and regulatory affairs; to
create, and prescribe the functions of, the elevator safety board;
to provide penalties for violations of the act; and to repeal
certain
acts and parts of acts.
Sec. 3. (1) "Elevator" means the machinery, construction,
apparatus, and equipment of an incline lift, escalator, moving
walk, or device serving 2 or more landings used in raising and
lowering
a car, cage, or platform which is guided. It The term
includes a passenger elevator, freight elevator, gravity elevator,
workmen's
elevator, dumbwaiter, manlift, and or
other lifting or
lowering
apparatus which that is guided. It The term does not
include:
(a)
An elevating device within the scope of the mining act,
Act
No. 163 of the Public Acts of 1911, as amended, being sections
425.101
to 425.113 of the Compiled Laws of 1948.1911 PA 163, MCL
425.101 to 425.113.
(b) A feeding machine or belted bucket, scoop, roller, or any
similar type of freight conveyor.
(c) A lubrication hoist or other similar mechanism.
(d)
A piling or stacking machine that
is used within 1 story ,
and
does not penetrating penetrate a floor.
(e)
A device in a private residence other than one carrying
persons.residential stairway chairlift or residential
platform
lift.
(f) An outside material hoist used for raising or lowering
construction materials while a building or structure is under
construction
within the scope of the construction safety act, Act
No.
89 of the Public Acts of 1963, as amended, being sections
408.711
to 408.724 of the Compiled Laws of 1948.Michigan
occupational safety and health act, 1974 PA 154, MCL 408.1001 to
408.1094.
(2)
"Elevator contractor" means a person , firm or corporation
that is engaged in the business of constructing, installing,
maintaining, repairing, or altering elevators, including the
installing or maintaining of electric wiring, fixtures, apparatus,
and appliances in connection with the operation or control
thereof.of elevators.
(3) "Elevator contractor license" means a license issued by
the
director to an elevator contractor covering that authorizes the
licensee to engage in the construction, installation, alteration,
maintenance, or
repair by him of elevators.
Sec.
4. (1) "General inspector" means a person holding an
individual who holds a general certificate of competency and is
employed by this state as an elevator inspector or in an elevator
inspection supervisory capacity.
(2) "Incline lift" means an elevator that is designed and
operated
for the conveyance of persons to
transport individuals or
material
from 1 level to another. It The
term does not include the
enclosure
or building, or an incline lift under the jurisdiction of
the ski area safety board, or a residential stairway chairlift or
residential platform lift.
(3) "Inspector" means a general or special inspector.
(4) "Person" means an individual, corporation, limited
House Bill No. 4163 as amended March 10, 2015
liability company, partnership, association, governmental entity,
or any other legal entity.
(5) "Residential stairway chairlift or residential platform
lift" means an inclined stairway chairlift or inclined and vertical
platform lift in or at a private residence that is intended only
for transportation of an individual whose mobility is impaired,
meets the requirements of section 14a, and is manufactured in
compliance with the American society of mechanical engineers
standard 18.1-2008 [or any revision to that standard approved by the
department]. The term does not include an elevator,
escalator, moving walkway, material lift, dumbwaiter, personnel
hoist, powered platform and equipment for exterior and interior
building maintenance, amusement device, or stage or orchestra lift
or any portable equipment used to lift or transport individuals or
material.
(6) (4)
"Special inspector" means
a person an individual who
holds
a special certificate of competency and is commissioned as
provided
in under this act.
(7) (5)
"Standard" means the
American standard safety code for
elevators, dumbwaiters, escalators, and moving walks, A 17.1-1965.
(8) "State construction code" means the code, as that term is
defined in section 2a of the Stille-DeRossett-Hale single state
construction code act, 1972 PA 230, MCL 125.1502a.
Sec. 14a. (1) An individual shall not install, construct,
repair, alter, or maintain a residential stairway chairlift or
residential platform lift unless that individual meets all of the
following:
(a) He or she is 1 of the following:
House Bill No. 4163 as amended March 10, 2015
(i) Certified by the manufacturer of the residential stairway
chairlift or residential platform lift to install, construct,
repair, alter, or maintain that chairlift or lift.
(ii) Licensed as an elevator contractor under this act.
(b) He or she has, or the person that employs or has engaged
him or her as an agent has, liability insurance in the principal
amount of at least $1,000,000.00 for each occurrence and at least
$2,000,000.00 in the aggregate.
(c) Before commencing the work, obtains all permits required
by the municipality in which the premises are located.
(d) In performing the work, complies with both of the
following:
(i) The state construction code.
(ii) The American society of mechanical engineers standard
18.1-2008 [or any revision to that standard approved by the
department].
(2) An individual shall not install, construct, repair, alter,
or maintain a residential stairway chairlift or residential
platform lift unless the device meets all of the following:
(a) The device has a limited vertical travel, operating speed,
and platform area.
(b) Operation of the device is under continuous control of the
user or passenger.
(c) The device does not penetrate more than 1 floor.
(d) The device does not have a full passenger enclosure on the
platform of the device.
(e) The device is not operated by means of hydraulic
propulsion.
(f) The device is not rated to transport a load greater than
750 pounds.
(g) If the device is a residential platform lift, the device
does not travel vertically more than 6 feet on a slope that is 90
degrees.
(3) A permit from the department under section 15(1) is not
required to alter or install a residential stairway chairlift or
residential platform lift.
Sec.
15. (1) A person , firm, or corporation shall not install
or
alter an elevator without first having obtained obtaining a
permit
from the department. A permit shall be issued only to a
person,
firm, or corporation The
department shall only issue a
permit to a person that is licensed by the director as an elevator
contractor. Elevator hoistway enclosures shall meet the
requirements
of the standard. A permit to install a stair climber
type
of incline lift in other than a private residence shall not be
issued
unless special permission is granted by the director.
Detailed
The licensee shall submit
detailed plans and
specifications of all elevator equipment and the elevator hoistway
enclosure,
in triplicate, shall be submitted by the licensee to the
department, and shall
be approved by the department approval
of
those plans and specifications is required before the permit is
issued.
Permit applications shall be made on forms furnished A
person shall apply for a permit on a form provided by the
department.
The applicable fee shall be paid before issuance of the
permit.
The department shall not
issue a permit if the appropriate
fee is not paid. For emergency alterations, the permit shall be
obtained within 72 hours from the time of alteration.
(2)
In a municipality maintaining that
maintains its own
approved elevator inspection department, a person shall submit
elevator
installation or alteration plans and
specifications shall
be
submitted to that department for
its approval and, if approved,
the municipality shall issue a permit for the installation or
alteration
of that elevator. shall be issued by the municipality.
(3)
Beginning the effective date of the amendatory act that
added
this subsection, the The department shall issue an initial or
renewal elevator contractor license or installation or alteration
permit not later than 90 days after the applicant files a completed
application.
Receipt of the An application is considered received
on the date the application is received by any agency or department
of
the this state. of Michigan. If the an application
is considered
incomplete by the department, the department shall notify the
applicant in writing, or make the information electronically
available, within 30 days after receipt of the incomplete
application, describing the deficiency and requesting the
additional
information. The 90-day period is tolled upon
notification
from the date the applicant
is notified by the
department of a deficiency until the date the requested information
is received by the department. The determination of the
completeness of an application does not operate as an approval of
the application for the license or permit and does not confer
eligibility of an applicant determined otherwise ineligible for
issuance of a license or permit.
(4) If the department fails to issue or deny a license or
permit within the time required by subsection (3), the department
shall return the license or permit fee and shall reduce the license
or permit fee for the applicant's next renewal application, if any,
by
15%. The A failure to issue a license or permit within the time
required under this section does not allow the department to
otherwise delay the processing of the application, and the
department
shall place that application, upon
completion, shall be
placed
when completed, in sequence with other completed
applications received at that same time. The department shall not
discriminate against an applicant in the processing of the
application
based upon on the fact that the license or permit fee
was refunded or discounted under this subsection.
(5)
Beginning October 1, 2005, the The
director of the
department shall submit a report by December 1 of each year to the
standing committees and appropriations subcommittees of the senate
and house of representatives concerned with occupational issues.
The director shall include all of the following information in the
report concerning the preceding fiscal year:
(a) The number of initial and renewal applications the
department received and completed within the 90-day time period
described in subsection (3).
(b) The number of applications denied.
(c) The number of applicants not issued a license or permit
within the 90-day time period and the amount of money returned to
licensees or permittees under subsection (4).
(6) As used in this section, "completed application" means an
application complete on its face and submitted with any applicable
House Bill No. 4163 as amended March 10, 2015
licensing or permit fees as well as any other information, records,
approval, security, or similar item required by law or rule from a
local unit of government, a federal agency, or a private entity but
not
from another department or agency of the this state. of
Michigan.
[Enacting section 1. This amendatory act takes effect 90 days after the date it is enacted into law.]
Enacting section [2]. This amendatory act does not take effect
unless Senate Bill No. ____ or House Bill No. 4162 (request no.
00334'15 a) of the 98th Legislature is enacted into law.
Enacting section [3]. It is the intent of the legislature that
the enactment of this amendatory act does not affect the department
of licensing and regulatory affairs' examination or examination
requirements for licensure as a residential builder under article
24 of the occupational code, 1980 PA 299, MCL 339.2401 to 339.2412.
