COMMITTEE SUBSTITUTE
FOR
H. B. 4046
(By Delegates Kuhn, Hrutkay, Caputo, Martin,
Perdue and Butcher)
(Originating in the Committee on Industry and Labor,
Economic
Development and Small Business)
[February 15, 2002]
A BILL to amend and reenact sections one, two, five and eight,
article three-c, chapter twenty-one of the code of West
Virginia , one thousand nine hundred thirty-one, as amended,
all relating to elevator safety; requiring acceptance
inspection of newly installed elevators; issuing certificate
of acceptance by division of labor.
Be it enacted by the Legislature of West Virginia:
That sections one, two, five and eight, article three-c,
chapter twenty-one of the code of West Virginia, one thousand nine
hundred thirty-one, as amended, be amended and reenacted to read as
follows:
ARTICLE 3C. ELEVATOR SAFETY.
§21-3C-1. Definitions.
(1) "Certificate of acceptance" means a certificate issued by the division of labor certifying that a newly installed elevator
has been inspected and was found to be installed in compliance with
the safety standards set forth in the American National Standards
Institute (ANSI) Code A17.1-3, "Safety Code for Elevators."
(2) "Certificate of competency" means a certificate issued by
the division of labor certifying that an individual is qualified to
inspect elevators.
(1) (3) "Certificate of operation" means a certificate issued
by the division of labor certifying that an elevator has been
inspected and
deemed is safe for operation.
thus authorizing its
operation. The "certificate of operation" shall be conspicuously
posted on the elevator at all times.
(2) (4) "Division" means the division of labor.
(3) (5) "Elevator" means all the machinery, construction,
apparatus and equipment used in raising and lowering a car, cage or
platform vertically between permanent rails or guides and includes
all elevators, power dumbwaiters, escalators, gravity elevators and
other lifting or lowering apparatus permanently installed between
rails or guides, but does not include hand operated dumbwaiters,
manlifts of the platform type with a platform area not exceeding
nine hundred square inches, construction hoists or other similar temporary lifting or lowering apparatus.
(4) (6) "Freight elevator" means an elevator used for carrying
freight and on which only the operator, by the permission of the
employer, is allowed to ride.
(5) (7) "Inspector" means a person
hired by the division, a
county or municipality who has successfully completed the required
West Virginia state elevator inspector examination and
is thereby
qualified to conduct safety inspections on elevators has been
issued a certificate of competency by the division.
(6) (8) "Passenger elevator" means an elevator that is
designed to carry persons to its contract capacity.
§21-3C-2. Inspectors; application; examination; certificates of
competency; reexamination.
(a) No person may serve as an elevator inspector unless he or
she successfully completes the examination required by this article
section and holds a certificate of competency for elevator
inspections issued by the division.
(b) Application The application for examination for elevator
inspections inspector shall be in writing, accompanied by a fee of
ten dollars, upon a form designed and furnished by the division.
and shall, at a minimum, The applicant shall state the his or her social security number, level of education, list his or her
previous employers, his or her the period of employment, and the
position held with each employer, In addition to any other
information required, the application shall include the applicant's
social security number and other information required by the
division. The applicant shall also submit a letter from one or
more of his or her previous employers concerning his or her
character and experience.
(c) Applications which contain any willfully submitted false
or untrue information shall be rejected. After review of the
application by the division, the applicant, if deemed appropriate
by the division, shall be tested by means of a written examination
as prescribed by the division dealing with the construction,
installation, operation, maintenance and repair of elevators and
their accessories.
(d) The division shall administer a written examination to a
qualified applicant testing the applicant's knowledge of the
construction, installation, operation, maintenance and repair of
elevators and accessories.
(e) The division shall issue a certificate of competency for
elevator inspections to any applicant who successfully completes the examination, as determined by standards set in legislative
rules promulgated by the division, as authorized by this article.
(f) An applicant who fails to successfully complete an initial
examination may submit an application for a second examination
ninety days or more after the initial examination and upon payment
of the ten dollar examination fee. Should an applicant fail to
successfully complete the prescribed examination on the second
trial, he or she shall not be permitted to submit an application
for another examination for a period of one year after the second
failure.
(g) Any person hired as an elevator inspector by a county or
municipality shall possess a certificate of competency issued by
the division.
(h) The division may hire certified inspectors or enter into
a contract to hire inspectors who are certified by the division.
The division shall hire an inspector supervisor who shall supervise
the inspection activities under this article.
§21-3C-5. Powers and duties of counties and municipalities; annual
inspections required; acceptance inspection.
(a) A county or municipality may hire its own elevator
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.
(c)(1) Beginning the first day of July, two thousand two, the
county or municipality shall ensure that no newly installed
elevator shall be placed in service prior to being inspected and a
certificate of acceptance issued by the division of labor.
(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 National Standards Institute (ANSI) Code
A17.1-3, "Safety Code for Elevators."
(3) The acceptance inspection shall be subject to the same
procedures and requirements as any other elevator inspection.
§21-3C-8. Certificate of operation; renewal.
A certificate of operation for any elevator shall may not be
issued until the elevator has been inspected for safety and the
inspection report thereof filed with the division. Provided, That
With the exception of the acceptance inspection, only elevators
which have been in use installed for five years or more shall be required to be inspected. The certificate of operation shall list
the date of inspection and shall expire one year after the date of
inspection. The certificate of operation shall be conspicuously
posted in the elevator at all times. An expired certificate of
operation shall be renewed in the manner that the prior certificate
was obtained.
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