H06630'04(H-1)

HB-5890, As Passed House, June 29, 2004

SUBSTITUTE FOR

HOUSE BILL NO. 5890

A bill to amend 1967 PA 227, entitled

"An act to regulate the inspection, construction, installation,

alteration, maintenance, repair and operation of elevators and

the licensing of elevator contractors; to prescribe the functions

of the director of labor; to create, and prescribe the functions

of, the elevator safety board; to provide penalties for

violations of the act; and to repeal certain acts and parts of

acts,"

by amending sections 15 and 16 (MCL 408.815 and 408.816).

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

1 Sec. 15. (1) A person, firm, or corporation shall not

2 install or alter an elevator without first having obtained a

3 permit ~~therefor~~ from the department. A permit shall be issued

4 only to a person, firm, or corporation licensed by the director

5 as an elevator contractor. Elevator hoistway enclosures shall

6 meet the requirements of the standard. A permit to install a

7 stair climber type of incline lift in other than a private

8 residence shall not be issued unless special permission is

1 granted by the director. Detailed plans and specifications of

2 all elevator equipment and the elevator hoistway enclosure, in

3 triplicate, shall be submitted by the licensee to the department

4 and shall be approved by the department before the permit is

5 issued. Permit applications shall be made on forms furnished by

6 the department. The applicable fee shall be paid ~~prior to~~

7 before issuance of the permit. ~~In case of~~ For emergency

8 alterations, the permit shall be obtained within 72 hours from

9 the time of alteration.

10 (2) In a municipality maintaining its own approved elevator

11 inspection department, ~~such~~ installation or alteration plans

12 and specifications shall be submitted to ~~such~~ that department

13 for its approval and, if approved, a permit for the installation

14 or alteration of ~~such~~ that elevator shall be issued by the

15 municipality.

16 (3) Beginning the effective date of the amendatory act that

17 added this subsection, the department shall issue an initial or

18 renewal elevator contractor license or installation or alteration

19 permit not later than 90 days after the applicant files a

20 completed application. Receipt of the application is considered

21 the date the application is received by any agency or department

22 of the state of Michigan. If the application is considered

23 incomplete by the department, the department shall notify the

24 applicant in writing, or make the information electronically

25 available, within 30 days after receipt of the incomplete

26 application, describing the deficiency and requesting the

27 additional information. The 90-day period is tolled upon

1 notification by the department of a deficiency until the date the

2 requested information is received by the department. The

3 determination of the completeness of an application does not

4 operate as an approval of the application for the license or

5 permit and does not confer eligibility of an applicant determined

6 otherwise ineligible for issuance of a license or permit.

7 (4) If the department fails to issue or deny a license or

8 permit within the time required by subsection (3), the department

9 shall return the license or permit fee and shall reduce the

10 license or permit fee for the applicant's next renewal

11 application, if any, by 15%. The failure to issue a license or

12 permit within the time required under this section does not allow

13 the department to otherwise delay the processing of the

14 application, and that application, upon completion, shall be

15 placed in sequence with other completed applications received at

16 that same time. The department shall not discriminate against an

17 applicant in the processing of the application based upon the

18 fact that the license or permit fee was refunded or discounted

19 under this subsection.

20 (5) Beginning October 1, 2005, the director of the department

21 shall submit a report by December 1 of each year to the standing

22 committees and appropriations subcommittees of the senate and

23 house of representatives concerned with occupational issues. The

24 director shall include all of the following information in the

25 report concerning the preceding fiscal year:

26 (a) The number of initial and renewal applications the

27 department received and completed within the 90-day time period

1 described in subsection (3).

2 (b) The number of applications denied.

3 (c) The number of applicants not issued a license or permit

4 within the 90-day time period and the amount of money returned to

5 licensees or permittees under subsection (4).

6 (6) As used in this section, "completed application" means an

7 application complete on its face and submitted with any

8 applicable licensing or permit fees as well as any other

9 information, records, approval, security, or similar item

10 required by law or rule from a local unit of government, a

11 federal agency, or a private entity but not from another

12 department or agency of the state of Michigan.

13 Sec. 16. (1) Fees for the following matters shall be

14 determined by the board subject to section 15:

15 (a) Commission.

16 (b) Certificate of competency examination.

17 (c) Elevator contractor license.

18 (d) Contractor examination.

19 (e) Permit, each elevator or device.

20 (f) Certificate of operation.

21 (g) Appeal for hearing before board.

22 (h) Inspection by general inspector.

23 (i) Special.

24 (2) Fees shall be paid ~~by cash, money order or certified~~

25 ~~check~~ to the director. ~~Money orders or checks shall be made~~

26 ~~payable to "Treasurer--State of Michigan".~~ Fees received by the

27 director shall be transmitted to the state treasurer for deposit