Sec. X-1. 32 MRSA c. 133 is amended by repealing the chapter headnote and enacting the following in its place:
CHAPTER 133
BOARD OF ELEVATOR AND TRAMWAY SAFETY
Sec. X-2. 32 MRSA §15202, sub-§5, as enacted by PL 1995, c. 560, Pt. H, §14 and affected by §17, is amended to read:
5. Elevator. "Elevator" includes an escalator or a manlift and means a guided hoisting and lowering mechanism equipped with a car, platform or load-carrying unit, including doors, well, enclosures, means and appurtenances. "Elevator" does not include a dumbwaiter, conveyor, chain or bucket hoist or a tiering, piling or feeding device.
Sec. X-3. 32 MRSA §15204, first ¶, as enacted by PL 1995, c. 560, Pt. H, §14 and affected by §17, is amended to read:
A person aggrieved by an order or act of the supervising chief inspector or the state inspector under this chapter may, within 15 days after notice of the order or act, appeal from the order or act to the board, which shall hold a hearing pursuant to Title 5, chapter 375, subchapter IV. After the hearing, the board shall issue an appropriate order either approving or disapproving the order or act.
Sec. X-4. 32 MRSA §15205, sub-§2, as enacted by PL 1995, c. 560, Pt. H, §14 and affected by §17, is amended to read:
2. Meetings. The board shall meet at least twice yearly once a year to conduct its business and to elect a chair. Additional meetings must be held as necessary to conduct the business of the board and may be convened at the call of the chair or a majority of the board members. Four members of the board constitute a quorum for all purposes. The board shall keep those records and minutes that are necessary to the ordinary dispatch of its function.
Sec. X-5. 32 MRSA §15205, sub-§3 is enacted to read:
3. Records. The board shall keep a record of the date of last inspection and the type, dimensions, age, conditions and location of all elevators and tramways to which this chapter applies.
Sec. X-6. 32 MRSA §15206, as enacted by PL 1995, c. 560, Pt. H, §14 and affected by §17, is repealed and the following enacted in its place:
§15206. Powers and duties of board
The board shall administer, coordinate and enforce this chapter and has the following powers and duties in addition to those otherwise set forth in this chapter.
1. Rules. The board shall, in accordance with Title 5, chapter 375, adopt rules for the safe and proper construction, installation, alteration, repair, use, operation and inspection of elevators and tramways in the State. The rules must include standards for the review and audit of inspections performed by elevator inspectors not employed by the State. The rules must conform as nearly as practicable to the established standards as approved by the American National Standards Institute.
The board shall publish and distribute among elevator and tramway owners, lessees, manufacturers, repair companies and others requesting them copies of the rules as adopted by the board, at a cost sufficient only to cover the printing and mailing expenses of distribution, except those rules that are American National Standards Institute standards, which must be obtained from the publisher.
2. Hearings. Hearings may be conducted by the board to assist with investigations, to determine whether grounds exist for suspension, revocation or denial of a license, or as otherwise considered necessary to the fulfillment of its responsibilities under this chapter.
The board may not refuse to renew a license for any reason other than failure to pay a required fee, unless it has afforded the licensee an opportunity for an adjudicatory hearing. The board shall hold an adjudicatory hearing at the written request of any person who is denied a license without a hearing for any reason other than failure to pay a required fee, as long as the request for a hearing is received by the board within 30 days of the applicant's receipt of written notice of the denial of the application, the reasons for the denial and the applicant's right to request a hearing. Hearings must be conducted in conformity with Title 5, chapter 375 to the extent applicable. The board may subpoena witnesses, records and documents in any hearing it conducts.
3. Contracts. The board may enter into contracts to carry out its responsibilities under this chapter.
Sec. X-7. 32 MRSA §15206-A is enacted to read:
§15206-A. Investigations of complaints; revocation of license
1. Investigations. The board shall investigate or cause to be investigated all complaints made to it and all cases of noncompliance with or violation of this chapter. Any person may register a complaint of fraud, deceit, gross negligence, incompetency or misconduct against any person licensed or required to be licensed under this chapter. These complaints must be in writing, sworn to by the person making them and filed with the Office of Licensing and Registration.
2. Suspension; revocation. The board may suspend or revoke a license pursuant to Title 5, section 10004. The board may refuse to issue or renew a license or the Administrative Court may suspend or revoke a license of any licensed person who is found guilty of:
A. The practice of fraud or deceit in obtaining a license;
B. Any gross negligence, incompetency or misconduct in the licensee's job performance;
C. Violating any provision of this chapter or any rule of the board; or
D. Conviction of a crime, subject to the limitations of Title 5, chapter 341.
Sec. X-8. 32 MRSA §15208, as enacted by PL 1995, c. 560, Pt. H, §14 and affected by §17, is amended to read:
§15208. Examination of elevator and lift inspectors; licenses
The board shall set standards necessary for the examination of elevator and lift inspectors. The board may set standards for the examination of inspectors limited to the inspection of categories of equipment within the definition of "elevator," including, but not limited to, accessibility lifts. The examination fee is set by the board and may not exceed $100. The examination must be written, in part or in whole, and must be confined to questions the answers to which will aid in determining the fitness and competency of the applicant for the intended service and must be of uniform standard throughout the State. If an applicant fails to pass this examination, the applicant may appeal to the board for a 2nd examination within 90 days of notification of the applicant's failure to pass, and the 2nd examination must be given by the board or by examiners other than those by whom the first examination was given. Upon the result of this 2nd examination, the board shall determine whether the applicant is qualified.
The record of the applicant's examination, whether original or on appeal, must be accessible to the applicant. The examinations must be kept on file in the office of the supervising inspector for a period of not less than 2 years.
Applications for examination and license must be made on forms furnished by the board.
An elevator and lift inspector's license expires on the 3rd anniversary date of the original issue. The license fee must be set by the board and may not exceed $300.
The license may be renewed for a period of 3 years without further examination if a renewal fee in an amount set by the board, not to exceed $300, is paid and the licensee has worked as an elevator inspector during the initial 3-year period.
Licensed elevator and lift inspectors that install, service or sell elevator or lift equipment may not inspect the equipment that they install, service or sell.
Sec. X-9. 32 MRSA §15209, sub-§5, ¶¶A and B, as enacted by PL 1995, c. 560, Pt. H, §14 and affected by §17, are amended to read:
A. The examination for a licensed tramway inspector must be given by the supervising chief inspector or by 2 or more examiners appointed by the supervising chief inspector. The examination must be written, in whole or in part, and must be confined to questions the answers to which will aid in determining the fitness and competency of the applicant for the intended service and must be of uniform standard throughout the State. If an applicant fails to pass this examination, the applicant may appeal to the board for a 2nd examination within 90 days of notification of the applicant's failure to pass, and the 2nd examination must be given by the board or by examiners other than those by whom the first examination was given. Upon the result of this 2nd examination, the board shall determine whether the applicant is qualified.
B. The record of the applicant's examination, whether original or on appeal, must be accessible to the applicant. The examinations must be kept on file in the office of the supervising inspector for a period of not less than 2 years.
Sec. X-10. 32 MRSA §15209-A is enacted to read:
§15209-A. Wire rope inspectors; licenses
The board shall license an applicant as a wire rope inspector, who may perform the inspections required for each tramway equipped with wire rope, if that applicant has a total of 5 years' experience in wire rope manufacture, installation, maintenance or inspection. A wire rope inspector's license expires on the 3rd anniversary date of the original issue. The license fee must be set by the board and may not exceed $150.
Sec. X-11. 32 MRSA §15210, 1st ¶, as enacted by PL 1995, c. 560, Pt. H, §14 and affected by §17, is amended to read:
The board may revoke a tramway or, elevator or lift inspection license or remove inspection endorsements from an elevator or lift mechanic's license for the following causes:
Sec. X-12. 32 MRSA §15211, as enacted by PL 1995, c. 560, Pt. H, §14 and affected by §17, is amended to read:
Each elevator or tramway accident caused by equipment failure, resulting in injury to a person or in substantial damage to equipment, must be reported by the owner or lessee to the supervising chief inspector in accordance with the board's rules. When an elevator accident occurs, the inspection certificate for the involved elevator must be summarily revoked in accordance with Title 5, section 10004, pending decision on any application with the Administrative Court for a further suspension.
Sec. X-13. 32 MRSA §15213, as enacted by PL 1995, c. 560, Pt. H, §14 and affected by §17, is amended to read:
§15213. Elevator or lift mechanics; license; definition
A person may not service, repair, alter or install any elevator unless that person is licensed as an elevator or lift mechanic under sections 15214 and 15216. Elevator work in industrial plants, manufacturing plants and hospitals may be performed by plant personnel who are not licensed under sections 15214 and 15216 if the work is supervised by the plant engineer and performed in compliance with rules adopted by the board.
The word "elevator," as used in this section and sections 15214 and 15216, includes all electrical equipment, wiring, steelwork and piping in the elevator machine room, hoistway and pit pertaining to the operation and control of an elevator, except power feeders and required power equipment up to the control panel, heating, lighting, ventilation and drainage equipment.
Sec. X-14. 32 MRSA §15214, as enacted by PL 1995, c. 560, Pt. H, §14 and affected by §17, is amended to read:
§15214. Issuance; qualifications
The board shall issue an elevator or lift mechanic's license to any applicant who has at least 2 years' experience in the service, repair, alteration or installation of elevators and lifts while employed by an elevator company, or has equivalent experience as defined by rules of the board, and satisfactorily passes the examination provided for in section 15216.
A licensed elevator or lift mechanic may not have more than 2 helpers under direct supervision. These helpers need not be licensed.
A licensed elevator or lift mechanic shall comply with the elevator rules of this State.
Sec. X-15. 32 MRSA §15215, as enacted by PL 1995, c. 560, Pt. H, §14 and affected by §17, is amended to read:
§15215. Inspector endorsement to elevator or lift mechanic's license
An elevator or lift mechanic may inspect elevators and lifts if the mechanic has an inspection endorsement to the mechanic's license. The board shall establish rules to examine and qualify mechanics to conduct elevator and lift inspections. The board shall set an examination for endorsement examination-for-endorsement fee, and endorsement and endorsement renewal fees, which may not exceed 1/3 of the elevator or lift inspector's license and renewal fees.
Sec. X-16. 32 MRSA §15216, as enacted by PL 1995, c. 560, Pt. H, §14 and affected by §17, is amended to read:
§15216. Examination of elevator or lift mechanics; applications; licenses; fees
The examination fee for an elevator or lift mechanic's license must be set by the board and may not exceed $100. The examination must be written, in whole or in part, and must be confined to questions the answers to which will determine the fitness and competency of the applicant for the intended service.
If an applicant for a mechanic's license fails to pass the examination, the applicant may request a 2nd examination within 90 days of notification of the applicant's failure to pass and the 2nd examination must be given without further fee. Any additional examinations may be given only upon the payment of the examination fee as provided in this section.
The record and examination papers of the applicant must be accessible to the applicant and the applicant's employer and must be kept on file in the office of the supervising chief inspector for a period of not less than 2 years.
Applications for examination and license must be made on forms furnished by the board.
An elevator or lift mechanic's license expires on the 3rd anniversary date of the original issue and may be renewed for periods of 3 years without further examination, if a renewal fee in an amount set by the board, not to exceed $100, is paid and the licensee has worked as an elevator mechanic during the initial 3-year period. The license fee must be set by the board and may not exceed $100.
The license may be renewed for a period of 3 years without further examination if a renewal fee in an amount set by the board, not to exceed $100, is paid and the licensee has worked as an elevator or lift mechanic during the initial 3-year period.
Sec. X-17. 32 MRSA §§15216-A, 15216-B and 15216-C are enacted to read:
The fee charged for an application, which may not exceed $25, must be set by the board.
§15216-B. Wire rope inspectors; licenses
The board shall license an applicant as a wire rope inspector, who may perform the inspections required on wire rope, if that applicant submits to the board documented evidence of a total of 5 years' experience in wire rope manufacture, installation, maintenance or inspection. The original license fee and renewal fee for a wire rope inspector for a period of 3 years must be set by the board in an amount not to exceed $200.
Any license issued under this chapter is automatically renewable upon payment of the renewal fee as set forth in this chapter. The expiration dates for licenses issued under this chapter may be established at such other times as the commissioner may designate. The board shall notify persons licensed under this chapter of the date of expiration of the license and the fee required for its renewal for a 3-year period. The notice must be mailed to the person's last known address at least 30 days in advance of the expiration date of the license.
A license may be renewed up to 90 days after the date of its expiration upon payment of a late fee of $10 in addition to the renewal fee. Any person who submits an application for renewal more than 90 days after the license expiration date is subject to all requirements governing new applicants under this chapter, except that the board may in its discretion waive the examination and other requirements. The board may levy penalties for nonrenewal in an amount not to exceed $100. Notwithstanding any other provision of this chapter, the board shall waive the examination if a renewal application is made within 90 days after separation from the United States Armed Forces, under conditions other than dishonorable, by a person who failed to renew that person's license because that person was on active duty in the Armed Forces; except that the waiver of examination may not be granted if the person served a period of more than 4 years in the Armed Forces, unless that person is required by some mandatory provision to serve a longer period and that person submits satisfactory evidence of this mandatory provision to the board.
Sec. X-18. 32 MRSA §15221, sub-§§1, 3, 4 and 6, as enacted by PL 1995, c. 560, Pt. H, §14 and affected by §17, are amended to read:
1. Fees; inspection certificate. Each elevator or tramway proposed to be used within this State must be thoroughly inspected by either the supervising chief inspector, a state inspector or a licensed elevator or tramway inspector and, if found to conform to the rules of the board, the board shall issue to the owner or user an inspection certificate. Fees for inspection and certification of elevators and tramways must be set by the board pursuant to section 15225 and must be paid by the owner or user of the elevator or tramway. The certificate must specify the maximum load to which the elevator or tramway may be subjected, the date of its issuance and the date of its expiration. The elevator certificate must be posted in the elevator and the tramway certificate at a conspicuous place in the machine area.
3. Temporary suspension of inspection certificate; condemnation card. When, in the inspector's opinion, the elevator or tramway can not continue to be operated without menace to the public safety, the supervising chief inspector or state inspector may temporarily suspend an inspection certificate in accordance with Title 5, section 10004 and post or direct the posting of a red card of condemnation at every entrance to the elevator or tramway. The condemnation card is a warning to the public and must be of such type and dimensions as the board determines. The suspension continues, pending decision on any application with the Administrative Court for a further suspension. The condemnation card may be removed only by the inspector posting it or by the supervising chief inspector.
4. Special certificate; special conditions. When, upon inspection, an elevator or tramway is found by the inspector to be in reasonably safe condition but not in full compliance with the rules of the board, the inspector shall certify to the supervising chief inspector the inspector's findings and the supervising chief inspector may issue a special certificate, to be posted as required in this section. This certificate must set forth any special conditions under which the elevator or tramway may be operated.
6. Follow-up inspections. All follow-up inspections necessary to enforce compliance must be performed by either the supervising chief inspector or a state inspector. A fee as set forth in section 15225 must be charged for those follow-up inspections.
Sec. X-19. 32 MRSA §15224, as enacted by PL 1995, c. 560, Pt. H, §14 and affected by §17, is amended to read:
§15224. Installation of new elevators and tramways; fees
Detailed plans or specifications of each new or altered elevator or tramway must be submitted to and approved by the supervising chief inspector before the construction may be started. Fees for examination of the plans or specifications must be $5 per $1,000 of the valuation of the elevator or tramway as covered by the blueprints. The minimum fee may not be less than $35 and the maximum fee may not be more than $100.
Sec. X-20. 32 MRSA §15225, sub-§§1, 2 and 4, as enacted by PL 1995, c. 560, Pt. H, §14 and affected by §17, are amended to read:
1. Initial inspection of elevators; fee. The initial inspection of elevators may be made by the supervising chief inspector or a state inspector or the commissioner's designee and the fee for the initial inspection of each new or altered elevator must be set by the board, not to exceed $100, plus expenses.
2. Initial inspection of tramways; fee. The initial inspection of tramways may be made by the supervising chief inspector, a state inspector or the commissioner's designee or a licensed tramway inspector and the fee for the initial inspection of each new or altered tramway must be set by the board, not to exceed $100, plus expenses.
4. Annual inspection of tramways; fee. The annual fee for the required inspections of tramways must be set by the board, not to exceed $200.
Sec. X-21. 32 MRSA §15226, as enacted by PL 1995, c. 560, Pt. H, §14 and affected by §17, is amended to read:
A state inspector or licensed inspector shall make a full report to the supervising chief inspector, giving all data required by the rules adopted by the board and shall report to the supervising chief inspector and to the owner or lessee all defects found and all noncompliances with the rules. When any serious infraction of the rules is found by a state inspector or licensed inspector and that infraction is, in the opinion of the inspector, dangerous to life, limb or property, the inspector shall report that infraction immediately to the supervising chief inspector.
Sec. X-22. 32 MRSA §15227, as enacted by PL 1995, c. 560, Pt. H, §14 and affected by §17, is amended to read:
§15227. Powers of chief inspector
The board is authorized to investigate all elevator and tramway accidents that result in injury to a person or in damage to the installation.
The supervising chief inspector is authorized:
1. Enforce laws and rules. To enforce the laws of the State governing the use of elevators and tramways and to enforce adopted rules of the board;
2. Free access to premises or location. To provide free access for state inspectors, including the supervising chief inspector, at all reasonable times to any premises in the State where an elevator or tramway is installed or is under construction for the purpose of ascertaining whether that elevator or tramway is installed, operated, repaired or constructed in accordance with this chapter;
3. Supervise inspectors. To allocate and supervise the work of state inspectors;
4. Certificates. To issue and temporarily suspend certificates allowing elevators and tramways to be operated pursuant to Title 5, chapter 375; and
5. Examinations. To hold examinations and establish the fitness of applicants to become elevator or tramway inspectors or elevator mechanics, and to issue certificates or licenses to those persons who have successfully passed required examinations and been approved by the board as licensed elevator or tramway inspectors or elevator mechanics.
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