H. B. 3068
(By Mr. Speaker, Mr. Kiss, and Delegates Amores,
DeLong, Varner, Pethtel, Cann and Pino)
[Introduced March 16, 2005; referred to the
Committee on Government Organization.]
A BILL to amend and reenact §21-3C-5 of the Code of West Virginia,
1931, as amended, relating to authorizing private inspectors
to conduct annual inspections of elevators in state-owned
buildings; and, establishing authority for the Division of
Labor to conduct over-site inspections.
Be it enacted by the Legislature of West Virginia:
That §21-3C-5 of the Code of West Virginia, 1931, as amended,
be amended and reenacted to read as follows:
ARTICLE 3C. ELEVATOR SAFETY.
§21-3C-5. Powers and duties of counties and municipalities; annual
inspections required; acceptance inspection.
(a) A county or municipality may hire a private inspector or
contract with any person who possesses a West Virginia elevator
inspector's certificate of competency issued by the Division.
(b) The county or municipality shall ensure that every elevator which has been in use for five years or more is inspected
annually. A private inspector
shall has authority to
except elevators in state owned buildings
. A Division
shall has authority to
elevators in the
owned buildings as an over-site function or as an acceptance
(c) (1) The county or municipality shall ensure that each
newly installed elevator within its jurisdiction is inspected and
issued a certificate of acceptance by the Division prior to being
placed in service.
(2) A certificate of acceptance shall only be issued if the
elevator was installed in compliance with the safety standards set
forth in the American Society of Mechanical Engineers Safety Code
for Elevators and Escalators (ASME) A17.1-3, "Safety Code for
Elevators" and ASME A18.1, "Safety Code for Platform Lifts and
(3) The acceptance inspection shall be subject to the same
procedures and requirements as any other elevator inspection.
NOTE: The purpose of this bill is to
inspectors to conduct annual inspections of elevators in
state-owned buildings while establishing authority for the Division
of Labor to conduct over-site inspections.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would