Bill Text: HI SB2494 | 2018 | Regular Session | Amended

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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

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THE SENATE	S.B. NO.	2494
TWENTY-NINTH LEGISLATURE, 2018		S.D. 2
STATE OF HAWAII		H.D. 2

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 a certifying organization accredited by the American National Standards Institute.

     (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 with 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, of any conveyance 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 is not 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 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-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" shall have the same meaning as "elevator and kindred equipment" as in section 397-3.

     "Remote interaction" means an action to manipulate or interact with the controls of a conveyance remotely, or from within the building or complex in which the conveyance is located."

     2.  By amending the definition of "apprentice elevator mechanic" to read:

     ""Apprentice elevator mechanic" means any person who is [in training to acquire the skill to become an elevator mechanic and who is required to work for at least four years under the supervision of an elevator mechanic duly licensed under section 448H-6.] enrolled in an apprenticeship program for the elevator industry that is registered with a state apprenticeship agency recognized by the United States Department of Labor or the Office of Apprenticeship, United States Department of Labor."

     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] ensure that persons licensed as elevator mechanics [will], during any period they serve as such, shall 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 that is registered with a state apprenticeship agency recognized by the United States Department of Labor or the Office of Apprenticeship, United States Department of Labor, and is approved by the board using standards similar to but no less stringent than those set forth by the National Elevator Industry Educational Program; and

     (2)  Satisfactorily completed no less than four and one-half years of 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, by rule, shall 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, shall establish the terms of the temporary permit[.]; and

     (2)  An apprentice elevator mechanic who has a minimum of three years of 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, by rule, shall 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 January 1, 2050; 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 January 1, 2050.

 

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.  (SB2494 HD2)

 

 

 

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.