HOUSE OF REPRESENTATIVES |
H.B. NO. |
1630 |
TWENTY-NINTH LEGISLATURE, 2018 |
H.D. 1 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO ELEVATOR MECHANICS.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Elevators are one of the safest modes of transportation. There are an estimated eighteen billion elevator trips taken per year in the United States. With the continued vertical growth of urban Honolulu, including some condominium developments that exceed forty floors, it is important for Hawaii to ensure that state laws governing repair and maintenance of elevators remain current. The elevator mechanics' statute, chapter 448H, Hawaii Revised Statutes, has not been updated in more than ten years.
Like many other sectors, the elevator industry is undergoing rapid technological advancements which require elevator mechanics to expand their knowledge and skills through training and education to ensure that licensing standards and core competencies are met. With the advancements in the industry, it is necessary for mechanics to demonstrate core competencies when installing, repairing, and maintaining all elevators, escalators, and other vertical transportation.
The purpose of this Act is to strengthen regulatory oversight of the licensed profession of elevator mechanics by amending the permissible scope of work, apprenticeship and licensing requirements, and remote interaction requirements.
SECTION 2. Chapter 448H, Hawaii Revised Statutes, is amended by adding five new sections to be appropriately designated and to read as follows:
"§448H-A Examination. Every applicant shall be examined and shall pass an examination to be
eligible for licensure. Every applicant
shall:
(1) Pass the
examination with not less than seventy per cent correct; and
(2) Not be allowed
to review any of the applicant's failed examinations.
§448H-B License renewals; continuing education. (a) Licenses shall
expire on June 30 of each even-numbered year.
Licensees seeking renewal shall pay all applicable fees and complete the
continuing education requirements pursuant to subsection (b).
(b) Prior to each license renewal, all licensed
elevator mechanics shall complete:
(1) An
educational course, approved by the board, of no less than eight hours related
to the elevator industry; or
(2) A qualified
elevator inspector continuing education course of no less than eight hours offered
by an American National Standards Institute accredited certifying organization.
(c) An elevator mechanic initially licensed
within one year prior to the applicable renewal date shall not be required to
complete the eight hours of continuing education to renew the elevator
mechanic's license.
(d) The board may conduct random audits to
determine compliance with the continuing education requirement. The board shall provide written notice of an
audit to a licensee randomly selected for audit. Within sixty days of notification, the
licensee shall provide the board documentation verifying compliance with the
continuing education requirement established by this section.
§448H-C Exemptions. Licensure as an elevator mechanic shall
not be required for:
(1) Dismantling or
removing a conveyance; provided that the conveyance will not be reused and the
building or structure, as defined by its foundation outline, is totally secure
from public and unauthorized access and the entire building is completely
demolished down to and including the foundation; and
(2) Employees of a
contractor duly licensed under chapter 444 who enters into the contract to
install, repair, or remove the platform lift or stairway lift within a private
residence not accessible to the general public or to other occupants in the
building.
§448H-D Elevator mechanics scope of work. All construction, reconstruction,
alteration including flooring and all elevator cab work, maintenance, repair,
troubleshooting, mechanical, or electrical work or adjustments, which includes
but is not limited to updating software, changing parameters, resetting faults,
and operation of all systems and functions, shall be performed by a licensed
elevator mechanic. Work on adjustment of
the structure or facility of which the conveyance may be part or to which the
conveyance may be attached, including any construction, reconstruction, alteration
including flooring and all elevator cab work with the exclusion of cleaning and
painting, necessary for proper completion of the work on the conveyance shall
be performed by a licensed elevator mechanic.
§448H-E Remote interaction. Remote interaction of a conveyance
shall not be permitted without the express permission of a licensed elevator
mechanic who shall be physically present at the conveyance; provided that this
requirement shall not preclude remote interaction with the conveyance from within
the building or complex in which the conveyance is located if the interaction
is for the sole purpose of securing, locking, or providing private use of the
conveyance."
SECTION 3. Section 448H-1, Hawaii Revised Statutes, is amended as follows:
1. By adding two new definitions to be appropriately inserted and to read:
""Conveyance"
means any elevator, dumbwaiter, stage lift, mechanized parking garage elevator,
escalator, moving walk or ramp, or lift.
"Remote interaction"
means an action to manipulate or interact with the controls of a conveyance
remotely, or from within the building or complex."
2. By amending the definitions of "apprentice elevator mechanic" and "elevator mechanic" to read:
""Apprentice elevator
mechanic" means any person who is [in] enrolled in a registered
apprenticeship program under an apprenticeship agreement registered with the
department of labor and industrial relations, a state apprenticeship counsel,
or the Bureau of Apprenticeship and Training of the federal Department of Labor
and is actively training to acquire the skill to become an elevator
mechanic, and who is required to work for [at least four years] no
less than four and one half years full time or its equivalent, but not less
than nine thousand hours under the direct supervision of an elevator
mechanic duly licensed under section 448H-6.
"Elevator mechanic" means
any person who engages in the construction, reconstruction, alteration,
maintenance, repair, troubleshooting, mechanical, or electrical work or
adjustments, which includes but is not limited to updating software,
changing parameters, resetting faults, and the operation of all systems and
functions, of any [elevator, dumbwaiter, stage lift, mechanized parking
garage elevator, escalator, moving walk or ramp, lift] conveyance
including any construction, reconstruction, alteration, or adjustment of the
structure or facility of which the same may be a part or to which the same may
be attached, necessary for proper completion of the work on the [elevator,
dumbwaiter, stage lift, mechanized parking garage elevator, escalator, moving
walk or ramp, or lift.] conveyance."
SECTION 4. Section 448H-5, Hawaii Revised Statutes, is amended to read as follows:
"§448H-5 Powers and duties of the board. In addition to any other powers and duties authorized by law, the board shall:
(1) Adopt rules in accordance with chapter 91 to carry out the purposes of this chapter;
(2) Develop, apply, review and upgrade appropriate techniques, including examinations and investigations for determining whether a person meets the requirements of this chapter and standards to insure that elevator mechanics will be persons qualified to serve as such;
(3) Prescribe, at a
minimum, that a nationally recognized examination, augmented with locally
developed material, be used in testing for licensure[, the passing grade for
the examination to be not less than seventy per cent];
(4) Issue licenses to
persons determined, after application of those techniques, to have met the
required qualifications and revoke or suspend licenses[,] previously
issued by the board, pursuant to hearings held in accordance with
chapter 91, in any case where the individual holding any license is determined
substantially to have failed to conform to the required qualifications, this
chapter, or the rules of the board;
(5) Establish and carry out procedures designed to insure that persons licensed as elevator mechanics will, during any period they serve as such, comply with the requirements of this chapter, the rules of the board, and chapter 397 and rules adopted thereunder;
(6) Receive, investigate, and take appropriate action with respect to, any charge or complaint filed with the board to the effect that any individual licensed as an elevator mechanic has failed to comply with the requirements of this chapter regarding any complaint regarding job performance by mechanics, the rules of the board, or chapter 397 and the rules adopted thereunder;
[(7) Register
apprentice elevator mechanics;
(8)] (7) Maintain
a record of its proceedings;
[(9)] (8) Assist
and advise the department of labor and industrial relations in the adoption of
rules relating to the conditions of work for elevator mechanics including
requirements related to equipment or facilities essential for the safe
installation, repair, maintenance, or alteration of any [elevator,
dumbwaiter, escalator, moving walk or ramp, and lift;] conveyance;
and
[(10)] (9) Notify
the department of labor and industrial relations of any fact or situation that,
in the opinion of the board, constitutes a violation of chapter 397 or of any
rule adopted thereunder."
SECTION 5. Section 448H-6, Hawaii Revised Statutes, is amended to read as follows:
"§448H-6 Qualifications for
license. No person shall be licensed
as an elevator mechanic unless the person has satisfactorily passed the
examination administered by the board and [satisfactorily completed at least
four years of training under the supervision of a licensed elevator mechanic.]
has met the following minimum qualifications:
(1) The applicant
has obtained a certificate of completion from an apprenticeship program
registered with the department of labor and industrial relations, a state
apprenticeship counsel, or the Bureau of Apprenticeship and Training of the
federal Department of Labor and has successfully passed the elevator mechanic's
examination of a nationally-recognized training program as approved by the
board with standards similar to but not less than those set forth by the
National Elevator Industry Educational Program; and
(2) The applicant
has satisfactorily completed no less than four and one-half years full time
work or its equivalent, but not less than nine thousand hours, under the direct
supervision of an elevator mechanic duly licensed under section 448H-6. The board shall, by rule, establish the terms
for the verification of time in the industry."
SECTION 6. Section 448H-7, Hawaii Revised Statutes, is amended to read as follows:
"§448H-7 Temporary permit. The board may issue a temporary permit to [any]
the following:
(1) Any person
who has qualified as an elevator mechanic in another state with standards
substantially equal to those of this chapter and who possesses skills or
training not available in the State[; provided that the board shall not register
any such person as an apprentice elevator mechanic]. The board shall, by rules and regulations,
establish the terms of the temporary permit[.]; and
(2) An elevator
mechanic apprentice who has a minimum of three years full time work experience,
but not less than six thousand hours, under the direct supervision of an
elevator mechanic duly licensed under section 448H-6, if there is a shortage of
elevator mechanics in the State. The
board shall, by rule, establish the terms for the determination of a shortage
of elevator mechanics, the verification of time in the industry, and the terms
of the apprentice's temporary permit."
SECTION 7. Section 448H-8, Hawaii Revised Statutes, is amended to read as follows:
"§448H-8 Fees. Application, examination, license, temporary permit, and biennial renewal fees shall be as provided in rules adopted by the director of commerce and consumer affairs pursuant to chapter 91. A fee is required for each reexamination. Application fees are not refundable.
[Licenses shall expire on June 30
of each even-numbered year.]"
SECTION 8. In codifying the new sections added by section 2 of this Act, the revisor of statutes shall substitute appropriate section numbers for the letters used in designating the new sections in this Act.
SECTION 9. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 10. This Act shall take effect on July 1, 2050.
Report Title:
Elevator Mechanics; Apprenticeship; Licensure Requirements; Remote Interaction
Description:
Amends requirements for apprenticeship and licensure of elevator mechanics and adds provisions relating to examination, license renewals, continued competency, scope of work, and remote interaction. (HB1630 HD1)
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.