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 inspect all elevators except elevators in state owned buildings. A Division inspector shall has authority to inspect any elevators in the state owned buildings as an over-site function or as an acceptance inspection.
(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 Stairway Chairlifts."
(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 authorize private 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 be added.