COMMITTEE SUBSTITUTE

FOR

Senate Bill No. 231

(By Senator Foster)

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[Originating in the Committee on Labor;

reported February 28, 2011.]

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A BILL to amend and reenact §21-3C-10a of the Code of West Virginia, 1931, as amended, relating to elevator workers’ licensure exemptions.

Be it enacted by the Legislature of West Virginia:

    That §21-3C-10a of the Code of West Virginia, 1931, as amended, be amended and reenacted to read as follows:

ARTICLE 3C. ELEVATOR SAFETY.

§21-3C-10a. License requirements for elevator mechanics; limited technician license requirements; supervision of elevator apprentices requirements.

    (a) A person may not engage or offer to engage in the business of erecting, constructing, installing, altering, servicing, repairing or maintaining elevators or related conveyances covered by this article in this state, unless he or she has a license issued by the Commissioner of Labor in accordance with this article.

    (b) A person licensed under this article must:

    (1) Hhave in his or her possession a copy of the license issued pursuant to this article on any job on which he or she is performing elevator mechanic work.; and

    (2) Be, or be employed by, a contractor licensed pursuant to the provisions of article eleven, chapter twenty-one of this code unless the work is performed by a historic resort hotel's regular employees, for which the employees are paid regular wages and not a contract price, on property owned or leased by the historic resort hotel which is not intended for speculative sale or lease;

    (c) To obtain a license a person must:

    (1) Complete a four-year apprenticeship program, registered by the United States Department of Labor, qualifying for a commercial license;

    (2) Complete a two-year apprenticeship program, registered by the United States Department of Labor, qualifying for an accessibility license. A person holding an accessibility license may only perform work on accessibility equipment; or

    (3) Complete a certified apprenticeship program, registered by the United States Department of Labor established at a historic resort hotel, qualifying for a limited technician license. A person holding a limited technician license may only perform work at a historic resort hotel;

    (4) Submit documentation to the Commissioner of Labor of training as an elevator mechanic and not less than three years of experience as an elevator mechanic for an employer: Provided, That a person licensed under this subdivision may perform work only at his or her employer’s place of business for which the employee is paid regular wages and not a contract price, on property owned or leased by the employer that is not intended for speculative sale or lease; or

    (5) Submit documentation as specified by the Commissioner of Labor that demonstrates sufficient training and experience to entitle such person to receive a license, accessibility license or limited technician license.

    (d) For the purposes of section, "historic resort hotel" has the same meaning ascribed to it in section two, article twenty-five, chapter twenty-nine of this code.

    (e) An elevator apprentice who is enrolled in a four-year apprenticeship program approved by the commissioner, and who is in good standing in the program, may work under the supervision of a licensed elevator mechanic, as follows:

    (1) An apprentice who has not successfully completed the equivalent of at least one year of the program may work only under the direct supervision of a licensed elevator mechanic who is present on the premises and available to the apprentice at all times.

    (2) An apprentice who has successfully completed the equivalent of at least one year of the program may:

    (A) Work under the direct supervision of a licensed elevator mechanic as set forth in subdivision (1) of this subsection; and

    (B) Perform the tasks set forth in this paragraph, only if delegated by and performed under the general supervision of a licensed elevator mechanic, who must, at a minimum, meet the apprentice on the job at the beginning of each day to delegate the specific tasks, and who remains responsible for the delegated tasks:

    (i) Oiling, cleaning, greasing and painting;

    (ii) Replacing of comb plate teeth;

    (iii) Reclamping and fixture maintenance;

    (iv) Inspection, cleaning and lubricating of hoistway doors, car tops, bottoms and pits; and

    (v) Observing operation of equipment.

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    (NOTE: The purpose of this bill is to remove the requirement that a licensed elevator mechanic be or work under a licensed contractor and to permit a limited license for elevator mechanics who only work on elevators that are owned or leased by their employer.

    Strike-throughs indicate language that would be stricken from the present law, and underscoring indicates new language that would be added.)