HB-4163, As Passed Senate, May 13, 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.