Bill Text: CA AB871 | 2023-2024 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Safety in employment: conveyances.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Enrolled) 2024-08-28 - Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 66. Noes 7.). [AB871 Detail]

Download: California-2023-AB871-Amended.html

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Amended  IN  Senate  August 23, 2024

Amended  IN  Senate  September 01, 2023

Amended  IN  Senate  July 10, 2023

Amended  IN  Senate  June 15, 2023

Amended  IN  Assembly  May 18, 2023

Amended  IN  Assembly  April 03, 2023

CALIFORNIA LEGISLATURE— 2023–2024 REGULAR SESSION

Assembly Bill

No. 871

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Introduced by Assembly Member Haney

February 14, 2023

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An act to amend, repeal, and add Sections 7301.1, 7311.2, 7311.2 and 7317 of, and to add Section 7324.3 to, the Labor Code, relating to safety in employment.

LEGISLATIVE COUNSEL'S DIGEST

AB 871, as amended, Haney. Safety in employment: conveyances.

Existing law requires a permit from the Division of Occupational Safety and Health for the erection, construction, installation, or material alteration of a conveyance, as defined. Existing law requires, except as provided, that a person who, without supervision, installs, services, repairs, or tests a conveyance be certified by the division Division of Occupational Safety and Health as a certified competent conveyance mechanic. Existing law requires the division to establish requirements for certified competent conveyance mechanic applicants that require, among other things, 3 years’ work experience in the conveyance industry, as specified. Existing law makes these and other provisions governing conveyances inapplicable to conveyances installed in private residences, as specified. Existing law makes certain violations of these provisions a crime, as specified.

This bill would remove the exception for conveyances installed in private residences generally applicable to the provisions governing conveyances, but would maintain the exception for platform lifts and stairway chairlifts installed in a private residence specific to the above-described permit and certification provisions revised as described below. By expanding the definitions of certain crimes related to conveyances, this bill would impose a state-mandated local program. The bill would require the division to establish economic relief provisions for private residence owners, as defined by the division. The bill would require the division to establish a permit application procedure that enables submissions through an online portal and all requirements for a permit, as specified. The bill would require a person who, without supervision, constructs, services, repairs, or tests a conveyance to be certified by the division as a certified competent conveyance mechanic, as specified. The bill would increase the amount of work experience in the conveyance industry that an applicant must have to 4 years. The bill would authorize a person, except as provided, to install, service, repair, or test a conveyance under the supervision of a certified competent conveyance mechanic at a 1 to 1 ratio if they meet one of 2 sets of criteria. One criteria would require the person to be employed by a certified qualified conveyance company, enrolled in an elevator apprenticeship program, and certified as a competent conveyance apprentice by the division, as specified. The other criteria would require the person to have applied for certification as a limited certified competent conveyance mechanic on or after January 1, 2023, 2024, and before January 1, 2025, 2026, to have at least one year of specified work experience on private residence elevators, and to have passed a specified examination administered by the division. After completion of all work authorized under a permit, the bill would require the certified qualified conveyance company to submit to the division a certification under penalty of perjury that the work was completed pursuant to the California Building Standards Code. By expanding the crime of perjury, the bill would impose a state-mandated local program. The bill would make these provisions operative on July 1, 2024. 2025.

This bill would provide that the provisions governing conveyances do not require the division to conduct inspections of residential conveyances.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that no reimbursement is required by this act for a specified reason.

Digest Key

Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: YES  

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Bill Text

The people of the State of California do enact as follows:

SECTION 1.Section 7301.1 of the Labor Code is amended to read:

7301.1.

(a)On and after June 30, 2003, no conveyance may be erected, constructed, installed, or materially altered, as defined by regulation of the division, unless a permit has been obtained from the division before the work is commenced. A copy of the permit shall be kept at the construction site at all times while the work is in progress and shall be made available for inspection upon request. This section shall not apply to platform lifts and stairway chairlifts installed in a private residence as provided in paragraph (2) or (3) of subdivision (a) of Section 7317.

(b)Before March 1, 2003, the division shall establish an application procedure and all requirements for a permit under this section, which shall include the following:

(1)At a minimum, the applicant for a permit under this section shall meet all of the following requirements:

(A)The applicant shall hold a current elevator contractor’s license issued pursuant to Chapter 9 (commencing with Section 7000) of Division 3 of the Business and Professions Code.

(B)The applicant shall be a certified qualified conveyance company.

(C)The applicant shall submit proof of the following types of insurance coverage, in the form of certified copies of policies or certificates of insurance:

(i)Liability insurance to provide general liability coverage of not less than one million dollars ($1,000,000) for the injury or death of any one person or persons in any one occurrence, with coverage of not less than five hundred thousand dollars ($500,000) for property damage in any one occurrence.

(ii)Workers’ compensation insurance coverage.

(D)In the event of any material alteration, nonrenewal, or cancellation of any insurance required by this subparagraph, the applicant or permitholder shall submit written notice thereof to the division within five working days.

(2)At a minimum, each application for a permit under this section shall include all of the following:

(A)Copies of specifications and accurately scaled and fully dimensioned plans showing the location of the installation in relation to the plans and elevation of the building; the location of the machinery room and the equipment to be installed, relocated, or altered; and all structural supporting members thereof, including foundations. The plans and specifications shall identify all materials to be employed and all loads to be supported or conveyed. The plans and specifications shall be sufficiently complete to illustrate all details of construction and design.

(B)The name, residence, and business address of the applicant and each partner, or for a corporation, the principal officers and anyone who is authorized to accept service of process or official notices; the number of years the applicant has engaged in the business of constructing, erecting, installing, or altering conveyances; and the approximate number of persons to be employed on the permitted job.

(C)The permit fee.

(3)The division shall establish, and may from time to time amend, a fee for a permit under this section in an amount sufficient to defray the division’s actual costs in administering the permit process, including the costs of investigation, revocation, or other associated costs. Permit fees collected by the division are nonrefundable.

(c)(1)The permit shall expire when the work authorized by that permit is not commenced within six months after the date of issuance, or within a shorter period as the division may specify at the time the permit is issued.

(2)The permit shall expire following commencement of work, if the permitholder suspends or abandons the work for a period of 60 days, or for a shorter period of time as the division may specify at the time the permit is issued.

(3)Upon application and for good cause shown, the division may extend a permit that would otherwise expire under this subdivision.

(d)The division may revoke any permit at any time, upon good cause, and after notice and an opportunity to be heard.

(e)This section shall become inoperative on July 1, 2024, and as of January 1, 2025, is repealed.

SEC. 2.Section 7301.1 is added to the Labor Code, to read:

7301.1.

(a)On and after July 1, 2024, no conveyance may be erected, constructed, installed, or materially altered, as defined by regulation of the division, unless a permit has been obtained from the division before the work is commenced. A copy of the permit shall be kept at the construction site or private residence at all times while the work is in progress and shall be made available for inspection upon request. This section does not apply to platform lifts and stairway chairlifts installed in a private residence.

(b)The division shall establish an application procedure that enables submissions through an online portal and all requirements for a permit under this section, which shall include the following:

(1)At a minimum, the applicant for a permit under this section shall meet all of the following requirements:

(A)The applicant shall hold a current elevator contractor’s license issued pursuant to Chapter 9 (commencing with Section 7000) of Division 3 of the Business and Professions Code.

(B)The applicant shall be a certified qualified conveyance company.

(C)The applicant shall submit proof of the following types of insurance coverage, in the form of certified copies of policies or certificates of insurance:

(i)Liability insurance to provide general liability coverage of not less than one million dollars ($1,000,000) for the injury or death of any one person or persons in any one occurrence, with coverage of not less than five hundred thousand dollars ($500,000) for property damage in any one occurrence.

(ii)Workers’ compensation insurance coverage.

(D)In the event of any material alteration, nonrenewal, or cancellation of any insurance required by this subparagraph, the applicant or permitholder shall submit written notice thereof to the division within five working days.

(2)At a minimum, each application for a permit under this section shall include all of the following:

(A)Copies of specifications and accurately scaled and fully dimensioned plans showing the location of the installation in relation to the plans and elevation of the building; the location of the machinery room and the equipment to be installed, relocated, or altered; and all structural supporting members thereof, including foundations. The plans and specifications shall identify all materials to be employed and all loads to be supported or conveyed. The plans and specifications shall be sufficiently complete to illustrate all details of construction and design.

(B)The name, residence, and business address of the applicant and each partner, or for a corporation, the principal officers and anyone who is authorized to accept service of process or official notices; the number of years the applicant has engaged in the business of constructing, erecting, installing, or altering conveyances; and the approximate number of persons to be employed on the permitted job.

(C)The permit fee.

(3)The division shall establish, and may from time to time amend, a fee for a permit under this section in an amount sufficient to defray the division’s actual costs in administering the permit process, including the costs of investigation, revocation, or other associated costs. Permit fees collected by the division are nonrefundable.

(c)(1)The permit shall expire when the work authorized by that permit is not commenced within six months after the date of issuance, or within a shorter period as the division may specify at the time the permit is issued.

(2)The permit shall expire following commencement of work, if the permitholder suspends or abandons the work for a period of 60 days, or for a shorter period of time as the division may specify at the time the permit is issued.

(3)Upon application and for good cause shown, the division may extend a permit that would otherwise expire under this subdivision.

(d)The division may revoke any permit at any time, upon good cause, and after notice and an opportunity to be heard.

(e)After completion of all work authorized by a permit pursuant to this section, the certified qualified conveyance company that obtained the permit shall submit to the division a certification under penalty of perjury that the work was completed pursuant to the California Building Standards Code (Title 24 of the California Code of Regulations).

(f)The division shall establish economic hardship relief provisions for private residence owners, as defined by the division.

(g)This section shall become operative on July 1, 2024.

SEC. 3. SECTION 1.

 Section 7311.2 of the Labor Code is amended to read:

7311.2.

 (a) On and after June 30, 2003, except as provided in subdivisions (b) and (c) of Section 7301.5, any person who, without supervision, erects, constructs, installs, alters, tests, maintains, services or repairs, removes, or dismantles any conveyance covered by this chapter, shall be certified as a certified competent conveyance mechanic by the division. This section does not apply to platform lifts and stairway chairlifts installed in a private residence as provided in paragraph (2) or (3) of subdivision (a) of Section 7317.

(b) Before March 1, 2003, the division shall establish an application procedure and all requirements for certification under this section as a certified competent conveyance mechanic, consistent with both of the following:

(1) At a minimum, a certified competent conveyance mechanic applicant shall meet both of the following requirements:

(A) Three years’ work experience in the conveyance industry in construction, maintenance, and service and repair of conveyances covered by this chapter. This experience shall be verified by currently and previously licensed elevator contractors or by currently and previously certified qualified conveyance companies, as required by the division.

(B) One of the following:

(i) Satisfactory completion of a written examination administered by the division on the most recent applicable codes and standards.

(ii) A certificate of completion and successfully passing the mechanic examination of a nationally recognized training program for the conveyance industry, such as the National Elevator Industry Educational Program or its equivalent.

(iii) A certificate of completion of an apprenticeship program for elevator mechanic, having standards substantially equal to those of this chapter, and which program shall be registered with the Bureau of Apprenticeship and Training of the United States Department of Labor or a state apprenticeship council.

(iv) A certificate or license from another state having standards substantially equal to or more comprehensive than those of this chapter.

(v) The applicant applies on or before December 31, 2003, and within the three years immediately prior to January 1, 2003, has documented at least three years of actual work experience in the conveyance industry in construction, maintenance, and service and repair of conveyances covered by this chapter. This experience shall be as a journey-level mechanic working without direct and immediate supervision, and shall be verified by currently and previously licensed conveyance contractors or by currently and previously certified qualified conveyance companies, as required by the division.

(2) At a minimum, each application for certification as a certified competent conveyance mechanic shall include the information required by the division and the fee required by this chapter.

(c) This section shall become inoperative on July 1, 2024, 2025, and as of January 1, 2025, 2026, is repealed.

SEC. 4. SEC. 2.

 Section 7311.2 is added to the Labor Code, to read:

7311.2.

 (a) Except as provided in subdivisions (b) and (c) of Section 7301.5, any person who, without supervision, erects, constructs, installs, alters, tests, maintains, services or repairs, removes, or dismantles any conveyance covered by this chapter, shall be certified as a certified competent conveyance mechanic by the division. This section does not apply to platform lifts and stairway chairlifts installed in a private residence.

(b) Before March 1, 2003, the division shall establish an application procedure and all requirements for certification under this section as a certified competent conveyance mechanic, consistent with both of the following:

(1) At a minimum, a certified competent conveyance mechanic applicant shall meet both of the following requirements:

(A)  Four years’ work experience in the conveyance industry in construction, maintenance, and service and repair of conveyances covered by this chapter. This experience shall be verified by currently and previously licensed elevator contractors or by currently and previously certified qualified conveyance companies, as required by the division.

(B) One of the following:

(i) Satisfactory completion of a written examination administered by the division on the most recent applicable codes and standards.

(ii) A certificate of completion and successfully passing the mechanic examination of a nationally recognized training program for the conveyance industry, such as the National Elevator Industry Educational Program or its equivalent.

(iii) A certificate of completion of an apprenticeship program for elevator mechanic, having standards substantially equal to those of this chapter, and which program shall be registered with the Bureau of Apprenticeship and Training of the United States Department of Labor or a state apprenticeship council.

(iv) A certificate or license from another state having standards substantially equal to or more comprehensive than those of this chapter.

(v) The applicant applies on or before December 31, 2003, and within the three years immediately prior to January 1, 2003, has documented at least three years of actual work experience in the conveyance industry in construction, maintenance, and service and repair of conveyances covered by this chapter. This experience shall be as a journey-level mechanic working without direct and immediate supervision, and shall be verified by currently and previously licensed conveyance contractors or by currently and previously certified qualified conveyance companies, as required by the division.

(2) At a minimum, each application for certification as a certified competent conveyance mechanic shall include the information required by the division and the fee required by this chapter.

(c) Except as provided in subdivisions (b) and (c) of Section 7301.5, a person who meets the criteria specified in paragraph (1) or (2) may erect, construct, install, alter, test, maintain, service, repair, remove, or dismantle any conveyance covered by this chapter under the supervision of a certified competent conveyance mechanic at a 1 to 1 ratio:

(1) The person is all of the following:

(A) Employed by a certified qualified conveyance company.

(B) Enrolled in an elevator apprenticeship program registered with a state apprenticeship council.

(C) Certified as a competent conveyance apprentice by the Division of Occupational Safety and Health.

(2) The person meets all of the following criteria:

(A) Has applied for certification as a limited certified competent conveyance mechanic on or after January 1, 2023, 2024, and before January 1, 2025. 2026.

(B) Has at least one year of actual work experience with a minimum of 2000 documented hours on private residence elevators in construction, maintenance, service, and repair covered by this chapter. This experience shall be as a journey-level mechanic working without direct and immediate supervision and shall be verified by currently working for a company.

(C) Has passed the written examination administered by the division on the most recent applicable codes and standards pursuant to Section 7311.2.

(d) This section shall become operative on July 1, 2024. 2025.

SEC. 5. SEC. 3.

 Section 7317 of the Labor Code is amended to read:

7317.

 (a) Except as provided in subdivision (b), the following conveyances are exempt from this chapter:

(1) Conveyances under the jurisdiction of the United States government.

(2) Conveyances located in a single-unit private home and not accessible to the public.

(3) Conveyances located in a multiunit residential building serving no more than two dwelling units and not accessible to the public.

(b) Conveyances otherwise exempted pursuant to paragraph (3) of subdivision (a) shall be inspected by the division upon completion of installation prior to being placed in service or after major alterations. The inspection shall be for safety and compliance with orders or regulations applicable to the type of conveyance installed.

(c) This section shall become inoperative on July 1, 2024, 2025, and as of January 1, 2025, 2026, is repealed.

SEC. 6. SEC. 4.

 Section 7317 is added to the Labor Code, to read:

7317.

 (a) Conveyances under the jurisdiction of the United States government are exempt from this chapter.

(b) This section shall become operative on July 1, 2024. 2025.

SEC. 7. SEC. 5.

 Section 7324.3 is added to the Labor Code, to read:

7324.3.

 This chapter does not require the division to conduct inspections of residential conveyances.

SEC. 8. SEC. 6.

 No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.