STATE OF OKLAHOMA

2nd Session of the 52nd Legislature (2010)

SENATE BILL 1991	By:	Ballenger

AS INTRODUCED

An Act relating to professions and occupations; amending Sections 4 and 5, Chapter 207, O.S.L. 2006, as amended by Sections 17 and 18, Chapter 312, O.S.L. 2008 (59 O.S. Supp. 2009, Sections 3023 and 3024), which relate to elevator inspections and fees; deleting requirement for certain liability insurance filing from certain inspectors; authorizing the state or political subdivision to exempt certain fee under certain circumstance; providing an effective date; and declaring an emergency.

BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1.     AMENDATORY     Section 4, Chapter 207, O.S.L. 2006, as amended by Section 17, Chapter 312, O.S.L. 2008 (59 O.S. Supp. 2009, Section 3023), is amended to read as follows:
Section 3023.  A.  There is hereby established an Elevator Inspection Bureau in the Department of Labor under the direction of the chief elevator inspector, who shall be responsible to the Commissioner of Labor or a duly authorized representative for the supervision, inspection, alteration, installation, testing, and maintenance of elevators and other such devices within the definitions of the Elevator Safety Act.
The Elevator Inspection Bureau shall be furnished with sufficient personnel, deputy inspectors, and clerical aids to perform the assigned duties within the limits prescribed by the Commissioner of Labor.
The chief elevator inspector and deputy inspectors, under the supervision of the Commissioner of Labor, shall:
1.  Take action necessary for the enforcement of the Elevator Safety Act and these rules;
2.  Make available upon request copies of the rules promulgated by the agency; and
3.  Issue, suspend, or revoke for cause certificates, licenses, and registrations as may be issued by the provisions of the Elevator Safety Act, and administer other disciplinary actions as prescribed in rules as promulgated by the Commissioner of Labor.
B.  The Commissioner of Labor is authorized to adopt and promulgate rules pursuant to the Administrative Procedures Act.  Definitions, rules, and regulations so adopted shall be based upon and follow generally accepted national engineering standards, formula, and practices.  The Commissioner of Labor may adopt an existing American national standard known as the Safety Code for Elevators and Escalators of the American Society of Mechanical Engineers (“ASME”).
C.  Under the provisions of the Elevator Safety Act, the Commissioner of Labor is responsible to provide rules for the safety of life, limb, and property and therefore has jurisdiction over the interpretation and application of the inspection requirements as provided for in the rules.  Inspection during construction and installation shall certify as to the minimum requirements for safety as defined in the American Society of Mechanical Engineers Code or other construction standards acceptable to the Commissioner of Labor.  Inspection requirements of operating equipment shall be in accordance with generally accepted practice and compatible with the actual service conditions such as:
1.  History of previous experience, previous records of inspection, performance, and maintenance;
2.  Location, with respect to personnel hazard;
3.  Quality of inspection and operating personnel;
4.  Provisions for related safe operating controls; and
5.  Interrelation with other operations outside the scope of the Elevator Safety Act.
D.  Inspections required by the Elevator Safety Act shall be conducted by inspectors licensed by the Department of Labor.
E.  Inspections conducted for the issuance of a certificate of operation may be performed by:
1.  The chief elevator inspector, deputy elevator inspector or licensed third party inspector who at the time of inspection possesses a valid elevator inspector’s license issued by the Department of Labor; or
2.  An elevator inspector employed by the liability insurance company of record of the owner of the elevator or device who at the time of inspection is in possession of a valid elevator inspector’s license issued by the Department of Labor.
F.  Elevator Inspectors, not employed by the Department of Labor, shall submit to the Commissioner of Labor, an insurance policy or certified copy thereof, issued by an insurance company authorized to do business in this state to provide general liability coverage of a least One Million Dollars ($1,000,000.00) for injury or death of any number of persons in any one occurrence, with the coverage of at least Five Hundred Thousand Dollars ($500,000.00) for property damage in any one occurrence and proof of workers’ compensation coverage.
G.  Elevators, escalators, and other such devices within the definitions of the Elevator Safety Act shall receive an inspection for the purpose of obtaining a certificate of operation:
1.  Two-floor to four-floor elevator units, not to exceed two (2) years;
2.  Any wire-rope elevator, regardless of floors, annually;
3.  Escalators and moving walkways, annually;
4.  Wheelchair lifts, triennially;
5.  Temporary elevators shall be inspected at each erection and every ninety (90) days or as the code requires; and
6.  Any elevator or other such device subject to the provisions of the Elevator Safety Act located in a structure whose occupants are mobility restricted, such as hospitals, nursing homes, and residential care facilities, shall be inspected annually.
SECTION 2.     AMENDATORY     Section 5, Chapter 207, O.S.L. 2006, as amended by Section 18, Chapter 312, O.S.L. 2008 (59 O.S. Supp. 2009, Section 3024), is amended to read as follows:
Section 3024.  A.  The Commissioner of Labor shall have the following powers and duties:
1.  The Commissioner shall:
a.	adopt or determine standards of elevator safety,
b.	license elevator contractors, elevator mechanics, and elevator inspectors,
c.	register elevator apprentices,
d.	determine qualifications for examination, establish application processes, and examine applicants for licensure,
e.	establish terms of licensure and renewal procedures,
f.	attempt to achieve reciprocity agreements whereby licenses issued by other jurisdictions may be accepted in this state in lieu of examination,
g.	establish grounds for revocation, suspension, and nonrenewal of licenses and policies for reinstatement of licenses and for imposition of lesser disciplinary measures,
h.	establish continuing education requirements,
i.	provide for the inspection and certification of elevators,
j.	provide for the enforcement of the Elevator Safety Act,
k.	hear appeals pursuant to the Administrative Procedures Act,
l.	establish a procedure for the reporting and investigation of accidents, and
m.	establish a procedure to allow variances from the literal requirement of the code;
2.  The Commissioner shall publish informational brochures about license examinations that indicate the scope of the examinations, include suggestions about how to prepare for the examinations, and may include sample questions of the type to be expected, but shall never include test items that will be used in future examinations.  In no case shall information about forthcoming examinations, that is not generally available, be given to any school, coaching service, or individual privately; and
3.  The Commissioner shall have subpoena powers and shall have the right to seek injunctive relief to prevent the operation of elevators lacking a certificate of operation after November 1, 2006, or failing inspection.  For any violation of the Elevator Safety Act, the Commissioner may assess an administrative fine of not more than Five Hundred Dollars ($500.00), which fine may be assessed in addition to any other penalties provided pursuant to the Elevator Safety Act.
B.  Fees shall be as follows:
1.  Elevator contractor examination	$100.00
2.  Elevator inspector examination	$100.00
3.  Elevator mechanic examination	$100.00
4.  Initial and renewal elevator contractor license	$100.00
5.  Initial and renewal elevator inspector License	$ 75.00
6.  Initial and renewal elevator mechanic License	$ 50.00
7.  Annual elevator apprentice registration	$ 25.00
8.  Late renewal - in addition to license fee	$ 10.00
9.  Replacement of lost or mutilated license	$ 10.00
10.  Reinstatement - in addition to license fee	$100.00
11.  Existing elevator - certification of operation	$ 25.00
12.  New elevator - inspection and certification	$150.00
13.  Elevator temporary certification	$ 25.00
14.  Elevator temporary mechanic license for 30 days	$ 10.00
15.  Labor for chief elevator inspector or deputy elevator inspector to perform inspection for issuance of certificate of operation:
a.	any escalator or moving walkway	$125.00
b.	elevator, two-four floors	$ 75.00
c.	elevator, five-ten floors	$100.00
d.	elevator, eleven floors and over	$125.00
e.	wheelchair lift	$ 25.00
C.  All revenues received shall be deposited to the Elevator Safety Revolving Fund.  It is the intent of the Legislature that fees charged pursuant to the Elevator Safety Act be adjusted to provide sufficient income, but not substantially more than sufficient income, to ensure elevator safety as provided by the Elevator Safety Act.  Accordingly, the Commissioner of Labor shall make an annual study of the revenues to and expenditures from the Elevator Safety Revolving Fund and shall prepare a report indicating what fee adjustments, if any, shall be recommended.  The report shall be submitted by September 1 each year to the Director of State Finance, the Chair of the Appropriations Committee of the Senate, and the Chair of the Appropriations and Budget Committee of the House of Representatives, and shall be filed with the Department of Labor.
D.  Licenses and certifications issued in accordance with the provisions of the Elevator Safety Act shall be renewed according to the following schedule:
1.  Elevator contractor, elevator inspector, elevator mechanic licenses and elevator apprentice registration shall be renewed annually prior to the last day of the calendar month in which the license or registration was initially issued;
2.  Any such license, registration or certificate required by the Elevator Safety Act not renewed by the last day of the calendar month in which renewal is required shall be subject to a late fee as provided by this act;
3.  Any elevator contractor, elevator inspector, elevator mechanic license or apprentice registration having been expired for a period of not less than thirty (30) days nor more than three hundred sixty-five (365) days shall be subject to a reinstatement fee as provided for in the Elevator Safety Act; and
4.  Any elevator contractor, elevator inspector, elevator mechanic license or apprentice registration being expired for a period of one (1) year or longer from the last day of the month in which renewal was required shall be considered void and the licensee shall be subject to all requirements for new issuance.
E.  The state or its political subdivisions may grant an exemption from the above listed fees, in whole or in part, at the discretion of the Commissioner, when the inspection for issuance of the certificate of operation occurs at the same time as the acceptance test.
SECTION 3.  This act shall become effective July 1, 2010.
SECTION 4.  It being immediately necessary for the preservation of the public peace, health and safety, an emergency is hereby declared to exist, by reason whereof this act shall take effect and be in full force from and after its passage and approval.

52-2-2357	NP	1/14/2010 10:18:41 AM