H. B. 4577
(By Delegates Manypenny, Martin, Butcher,
D. Poling, Canterbury, Stephens and Morgan)
[Introduced
February 19, 2010
; referred to the
Committee on Government Organization.]
A BILL to amend and reenact §21-3C-10a and §21-3C-11 of the Code of
West Virginia, 1931, as amended, all relating to establishing
four classes of licenses for elevator mechanics; and creating
a license for employees of historic hotel resorts.
Be it enacted by the Legislature of West Virginia:
That §21-3C-10a and §21-3C-11 of the Code of West Virginia,
1931, as amended, be amended and reenacted, all to read as follows:
ARTICLE 3C. ELEVATOR SAFETY.
§21-3C-10a. License requirements for elevator mechanics;
contractors license
required requirements;
supervision of elevator apprentices required
requirements.
(a) On and after January 1, 2010, 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
the provisions of this article.
(b) A person licensed under this article must:
(1)
(A) Have 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) (B) 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;
(2) Complete a four-year apprenticeship program, registered by
the United States Department of Labor, qualifying for a commercial
license;
(3) Complete a two-year apprenticeship program, registered by
the United States Department of Labor, qualifying for an
accessibility license; or
(4) 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.
(c) For purposes of subsection (b) of this section "historic
resort hotel" has the same meaning ascribed to it in section two,
article twenty-five, chapter twenty-nine of this code.
(c) (d) 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 combplate 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.
§21-3C-11. Disposition of fees; legislative rules.
(a) The division shall propose rules for legislative approval
in accordance with the provisions of article three, chapter twenty-
nine-a of this code, for the implementation and enforcement of the
provisions of this article, which shall provide:
(1)
The four licensure classifications set forth in subsection
(b), section ten-a of this article and shall include standards,
qualifications and procedures for submitting applications, taking
examinations, and issuing and renewing licenses, certificates of
competency and certificates of operation;
(2) Qualifications and supervision requirements for elevator
apprentices;
(3) Provisions for the granting of licenses without
examination, to applicants who present satisfactory evidence of
having the expertise required to perform work as defined in this
article and who apply for licensure on or before July 1, 2010:
Provided, That if a license issued under the authority of this subsection subsequently lapses, the applicant may, at the
discretion of the commissioner, be subject to all licensure
requirements, including the examination;
(4) Provisions for the granting of emergency licenses in the
event of an emergency due to disaster, act of God or work stoppage
when the number of persons in the state holding licenses issued
pursuant to this article is insufficient to cope with the
emergency;
(5) Provisions for the granting of temporary licenses in the
event that there are no elevator mechanics available to engage in
the work of an elevator mechanic as defined by this article;
(6) Continuing education requirements;
(7) Reciprocity provisions;
(8) Procedures for investigating complaints and revoking or
suspending licenses, certificates of competency and certificates of
operation, including appeal procedures;
(9) Fees for testing, issuance and renewal of licenses,
certificates of competency and certificates of operation, and other
costs necessary to administer the provisions of this article;
(10) Enforcement procedures; and
(11) Any other rules necessary to effectuate the purposes of
this article.
(b) The rules proposed for promulgation pursuant to subsection (a) of this section shall establish the amount of any fee
authorized pursuant to the provisions of this article:
Provided,
That in no event may the fees established for the issuance of
certificates of operation exceed $50.
(c) All fees collected pursuant to the provisions of this
article shall be deposited in an appropriated special revenue
account hereby created in the State Treasury known as the "Elevator
Safety Fund" and expended for the implementation and enforcement of
this article:
Provided, That amounts collected which are found
from time to time to exceed funds needed for the purposes set forth
in this article may be transferred to other accounts or funds and
redesignated for other purposes by appropriation of the
Legislature.
(d) The division may enter into agreements with counties and
municipalities whereby such counties and municipalities be
permitted to retain the inspection fees collected to support the
enforcement activities at the local level.
(e) The commissioner and his or her deputy commissioner or any
compliance officer of the division as authorized by the
commissioner may consult with engineering authorities and
organizations concerned with standard safety codes, rules and
regulations governing the operation, maintenance, servicing,
construction, alteration, installation and the qualifications which are adequate, reasonable and necessary for the elevator mechanic
and inspector.
NOTE: The purpose of this bill is to establish four classes of
licenses for elevator mechanics. The bill creates a license for
employees of historic hotel resorts.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.
Email
Webmaster | © 2024 West Virginia Legislature **
