Bill Text: MI HB4510 | 2019-2020 | 100th Legislature | Engrossed
Bill Title: Occupations; construction; waiver of rule provisions to allow certain modification to safety equipment; require. Amends secs. 2 & 9 of 1967 PA 227 (MCL 408.802 & 408.809).
Spectrum: Partisan Bill (Republican 1-0)
Status: (Engrossed - Dead) 2019-06-19 - Referred To Committee Of The Whole [HB4510 Detail]
Download: Michigan-2019-HB4510-Engrossed.html
HB-4510, As Passed House, May 14, 2019
SUBSTITUTE FOR
HOUSE BILL NO. 4510
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 regulate the construction,
installation, alteration, maintenance, and repair of certain
residential lifts; to prescribe the functions of the director of
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 acts and parts
of acts,"
by amending sections 2 and 9 (MCL 408.802 and 408.809), as amended
by 1980 PA 282.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 2. As used in this act:
(a)
(1) "Approved" means that which the director
designates as
acceptable to the department.
(b) (2)
"Board" means the
elevator safety board created in
section 7.
(c) (3)
"Department" means the
department of labor.licensing
and regulatory affairs.
(d) (4)
"Director" means the
director of labor or his duly
designated
representative.the department
or his or her designee.
(e) (5)
"Division" means the
elevator safety division of the
department.
(f) (6)
"Dormant elevator" means
an elevator that is still
intact and on the premises but the premises are vacated or the
equipment is entirely disconnected in an approved manner.
(g) (7)
"Repairs" where used
herein shall mean only such means
only
the work as that is
necessary to maintain present equipment in
a
safe and serviceable condition; and to adjust parts; or replace
defective,
broken, or worn parts , with parts that
are made of
equivalent
material, strength, and design
, and where the replacing
part
performs and that perform the same function as the replaced
part.parts.
(h) (8)
"Major alteration" means
an alteration as defined in
the
standard . Any person, firm or corporation performing such
major
alteration shall obtain and
for which a permit from the
department
as outlined in is required
under section 15. of
this
act.
Sec. 9. (1) The director shall enforce the provisions of this
act
and the rules promulgated by the board pursuant to under this
act. and
where, owning to
(2) If, because of special conditions, a literal enforcement
of
the provisions of these rules promulgated
under this act will
result in unnecessary hardship or involve practical difficulties,
the director, upon application in specific cases, may authorize
variations
or modifications of the terms of these rules which will
not
be that are not contrary to the public interest, and
so
observes
the spirit of these the rules, shall
be observed, secures
the
public safety, secured,
and does substantial justice. done.
(3) Upon application in a specific case, the director shall
grant any exceptions or variations from the literal requirements of
this act or rules promulgated under this act that are necessary to
authorize the making of an alteration to a safety measure of an
elevator if that safety measure was not required at the time of the
construction of the elevator or at the time the application is made
and if the director believes reasonable safety will be secured by
granting the exception or variation.
Enacting section 1. This amendatory act takes effect 15 days
after the date it is enacted into law.
