Bill Text: HI SB2494 | 2018 | Regular Session | Amended
Bill Title: Relating To Elevator Mechanics.
Spectrum: Partisan Bill (Democrat 6-0)
Status: (Engrossed - Dead) 2018-04-26 - Received notice of discharge of conferees (Hse. Com. No. 682). [SB2494 Detail]
Download: Hawaii-2018-SB2494-Amended.html
THE SENATE |
S.B. NO. |
2494 |
TWENTY-NINTH LEGISLATURE, 2018 |
S.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. The legislature finds that 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 legislature notes that the elevator mechanics' statute, chapter 448H, Hawaii Revised Statutes, has not been updated in more than ten years.
The legislature further finds that, 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. Given these technological advancements, it is necessary for elevator 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 pass an
examination prescribed by the board for licensure. Every applicant shall:
(1) Pass the
examination with no 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 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 necessary for proper
completion of the work on the conveyance shall be performed by a licensed
elevator mechanic.
§448H-D 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 being
completely demolished down to and including the foundation; and
(2) Employees
of an elevator 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-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 section
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 definition of "apprentice elevator mechanic" to read:
""Apprentice elevator
mechanic" means any person who is [in] enrolled in an
apprenticeship program for the elevator industry registered with a state
apprenticeship counsel or the Bureau of Apprenticeship and Training, United
States Department of Labor, 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 no less than nine thousand hours under the supervision of
an elevator mechanic duly licensed under section 448H-6."
3. By amending the definition of "elevator mechanic" to read:
""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) Obtained a
certificate of completion from an apprenticeship program for the elevator
industry registered with a state apprenticeship counsel or the Bureau of
Apprenticeship and Training, United States Department of Labor, approved by the
board with standards similar to but no less than those set forth by the
National Elevator Industry Educational Program; and
(2) Satisfactorily
completed no less than four and one-half years full time work or its
equivalent, but no less than nine thousand hours, under the direct supervision
of an elevator mechanic duly licensed under this section. 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,] rule, establish the terms of the temporary permit[.];
and
(2) An apprentice elevator
mechanic who has a minimum of three years full time work experience, but no
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, 2018; provided that section 448H-B, Hawaii Revised Statutes, as added by section 2 of this Act, and section 5 of this Act shall take effect on July 1, 2020.
Report Title:
Elevator Mechanics; Apprenticeship; Licensure; Continuing Education; Requirements; Scope of Work
Description:
Updates requirements for apprenticeship and licensure of elevator mechanics, including examination, license renewal, continuing education, scope of work, exemptions, remote interaction, and qualifications for licensure. Clarifies powers and duties of the elevator mechanics licensing board and requirements for temporary permits. Effective 7/1/2020: license renewal, continuing education, and qualifications for licensure. (SD1)
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not legislation or evidence of legislative intent.