Bill Text: CA AB871 | 2023-2024 | Regular Session | Amended
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
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 |
Introduced by Assembly Member Haney |
February 14, 2023 |
LEGISLATIVE COUNSEL'S DIGEST
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YESBill Text
The people of the State of California do enact as follows:
(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.
(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.