H. B. 4582
(By Mr. Speaker, Mr. Kiss, and Delegate Kuhn)
[Introduced February 23, 2004; referred to the
Committee on Government Organization.]
A BILL to amend and reenact §21-3C-1, §21-3C-2, §21-3C-3, §21-3C-4,
§21-3C-5 and §21-3C-6 of the code of West Virginia, 1931, as
amended, all relating to elevator safety; adding and modifying
definitions; adding grounds for revocation or suspension of
certificate of competency; limiting division inspectors to
inspections of state owned elevators; and making technical and
stylistic changes.
Be it enacted by the Legislature of West Virginia:
That §21-3C-1, §21-3C-2, §21-3C-3, §21-3C-4, §21-3C-5 and §21-
3C-6 of the code of West Virginia, 1931, as amended, be amended and
reenacted, all 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.
(3) "Certificate of operation" means a certificate issued by
the division of labor certifying that an elevator has been
inspected and is safe for operation.
(4) "Division" means the division of labor.
(5) "Division inspector" means an employee or contractor of
the division who has been examined and issued a certificate of
competency and who only inspects elevators in state owned
buildings.
(5)(6) "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.
(6)(7) "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.
(7)(8) "Inspector" means
a person who has successfully
completed the required West Virginia state elevator inspector
examination and has been issued a certificate of competency by the
division both a division inspector and a private inspector.
(8)(9) "Passenger elevator" means an elevator that is designed
to carry persons to its contract capacity.
(10) "Private inspector" means a person who has been examined
and issued a certificate of competency to inspect elevators within
this state.
§21-3C-2. Inspectors; application; examination; certificates of
competency; reexamination.
(a) No person may serve as an inspector unless he or she
successfully completes the examination required by this section and
holds a certificate of competency for elevator inspections issued
by the division.
(b) The application for examination for elevator inspector
shall be in writing, accompanied by a fee of ten dollars, upon a
form furnished by the division. The applicant shall state his or
her social security number, level of education, previous employers,
the period of employment, the position held with each employer,
and other information required by the division. The applicant
shall also submit a letter from one 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.
(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 an applicant who successfully completes
the examination and
agrees to comply who complies with
the
requirements
of this article and established by 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. The second application must be accompanied by 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 is not 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 a private inspector by a
county or municipality shall possess a certificate of competency
issued by the division.
(h) The division may hire
certified division inspectors or
enter into a contract
to hire inspectors who are for the services
of a division inspector so long as the inspector has been certified
competent by the division. The division shall hire an inspector
supervisor who shall supervise the inspection activities under this article.
§21-3C-3. Suspension or revocation of certificates.
A certificate of competency for elevator inspections
inspectors may be suspended or revoked by the division if the
inspector is found to be incompetent or untrustworthy or for the
falsification of any matter or statement contained on the
application or in a report of any inspection. Any willfully
submitted false statement contained in an inspection report shall
constitute grounds for suspension of the certificate of competency.
§21-3C-4. Registration of elevators; notification to counties and
municipalities.
The owner or operator of any an elevator shall register each
elevator with the division every elevator operated by him or her,
giving the type, capacity and description, name of manufacturer,
and purpose for which each is used. Such The registration shall be
made on a form designed and furnished by the division. The
division shall forward a list of registered elevators to the county
or municipality wherein said the elevators are located.
§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 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 inspect all elevators except
elevators in state owned buildings. A division inspector shall
inspect elevators in state owned buildings.
(c) (1) Beginning the first day of July, two thousand two, the
The county or municipality shall ensure that no each newly
installed elevator within its jurisdiction shall be placed in
service prior to being is inspected and issued a certificate of
acceptance issued by the division of labor 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 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-6. Report of inspection; hearing on construction plans and
specifications; findings and orders of division.
Every inspector shall forward to the division and to the
county or municipality wherein the elevator is located a complete
report of each inspection made of any passenger elevator, showing
the exact condition of the elevator. The inspector shall leave a
copy of the report at the elevator on the day the inspection is
completed. (a) The division shall promulgate legislative propose
rules, as authorized by this article for legislative approval in accordance with article three, chapter twenty-nine-a of this code,
prescribing inspection procedures and reporting requirements. The
owner or operator of the elevator shall be required to pay the fees
for inspections levied pursuant to this article.
(b) Each inspector shall submit a complete report of each
inspection made of a passenger elevator to the division and to the
county or municipality in which the elevator is located.
(c)(1) If any elevator requires changes or repairs to make it
safe to operate, such recommendations shall be contained in the The
inspection report shall list all changes or repairs required to be
made for the safe operation of the elevator. A copy of the report
as approved by the division shall be submitted to the owner or
operator of such the elevator. Unless the findings in the report
are appealed, the owner or operator of the elevator shall make the
required changes or repairs before a certificate of operation is
issued.
(2) The owner or operator, within twenty days from receipt of
the copy of an inspection report, may make written application to
the division, upon forms to be furnished by the division, for a
hearing on the inspection report as to including the issue of
whether the elevator in question is reasonably safe. The division
shall promptly consider such the submitted application and
proceedings consistent with the provisions of this section.
(3) If it appears from the evidence that the elevator will be
reasonably safe to operate without such the recommended changes or repairs as shown in such set forth in the report or by making only
a part or all thereof of the recommended changes or repairs, the
division shall make its finding and order accordingly. If such the
finding and order requires require changes or repairs to be made in
to the elevator, the division shall may not issue a certificate of
operation when such until the elevator owner has complied with the
order has been executed or the division issue issues its approval
of the change or repair plans or specifications. If the finding
and order of the division has been affirmed or modified by appeal,
on the grounds of reasonable safety considered by the division, the
division shall, upon the owner or operator's compliance with such
the order, issue such the certificate of operation, but if such the
finding and order of the division has been vacated, such the
certificate of operation shall be issued forthwith immediately.
(4) An elevator owner adversely affected by a finding and
order of the division, is entitled to judicial review of the
finding and order in accordance with the provisions of section
four, article five, chapter twenty-nine-a of this code. No elevator
may be operated after being inspected without having the
certificate of operation conspicuously posted thereon, except
pending a hearing on the issuance thereof.
(d) No elevator may be operated after being inspected without
having the certificate of operation conspicuously posted except
during the period a hearing on the issuance of the certificate of
operation is pending.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.
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