September 12, 2013, Introduced by Reps. Pscholka, Nesbitt, MacMaster, Genetski, Crawford, McCready, McMillin, Poleski, Muxlow, Yonker, Goike, Bumstead and Foster and referred to the Committee on Regulatory Reform.
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 3, 4, 12, and 15 (MCL 408.803, 408.804,
408.812, and 408.815), section 15 as amended by 2004 PA 269.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 3. (1) "Elevator" means the machinery, construction,
apparatus, and equipment of an incline lift, escalator, moving
walk, or device serving 2 or more landings used in raising and
lowering
a car, cage, or platform which is guided. It The term
includes a residential lift, passenger elevator, freight elevator,
gravity
elevator, workmen's elevator, dumbwaiter, manlift, and or
other
lifting or lowering apparatus which that is guided. It The
term does not include:
(a)
An elevating device within the scope of the mining act,
Act
No. 163 of the Public Acts of 1911, as amended, being sections
425.101
to 425.113 of the Compiled Laws of 1948.1911 PA 163, MCL
425.101 to 425.113.
(b) A feeding machine or belted bucket, scoop, roller, or any
similar type of freight conveyor.
(c) A lubrication hoist or other similar mechanism.
(d)
A piling or stacking machine that
is used within 1 story ,
and
does not penetrating penetrate a floor.
(e)
A device in a private residence other than one carrying
persons.that carries individuals.
(f) An outside material hoist used for raising or lowering
construction materials while a building or structure is under
construction
within the scope of the construction safety act, Act
No.
89 of the Public Acts of 1963, as amended, being sections
408.711
to 408.724 of the Compiled Laws of 1948.Michigan
occupational safety and health act, 1974 PA 154, MCL 408.1001 to
408.1094.
(2)
"Elevator contractor" means a person , firm or corporation
that is engaged in the business of constructing, installing,
maintaining, repairing, or altering elevators, including the
installing, or maintaining of electric wiring, fixtures, apparatus,
and appliances in connection with the operation or control
thereof.of elevators. For purposes of sections 8, 13,
14, 15, and
16, elevator contractor includes a residential lift contractor.
(3) "Elevator contractor license" means a license issued by
the
director to an elevator contractor covering that authorizes the
licensee to engage in the construction, installation, alteration,
maintenance, or
repair by him of elevators.
For purposes of
sections 8, 13, 14, 15, and 16, elevator contractor license
includes a residential lift contractor license.
Sec.
4. (1) "General inspector" means a person holding an
individual who holds a general certificate of competency and is
employed by this state as an elevator inspector or in an elevator
inspection supervisory capacity.
(2) "Incline lift" means an elevator that is designed and
operated
for the conveyance of persons to
transport individuals or
material
from 1 level to another. It The
term includes a
residential lift. The term does not include the enclosure or
building, or an incline lift under the jurisdiction of the ski area
safety board.
(3) "Inspector" means a general or special inspector.
(4) "Person" means an individual, corporation, limited
liability company, partnership, association, governmental entity,
or any other legal entity.
(5) "Residential lift" means a platform, chair, or stairway
lift that is designed and operated to transport individuals from 1
level to another and is installed in a residential dwelling.
(6) "Residential lift contractor" means a person that is
engaged in the business of constructing, installing, maintaining,
repairing, or altering residential lifts, including the installing
or maintaining of devices, electric wiring, fixtures, apparatus,
and appliances in connection with the operation or control of
residential lifts.
(7) "Residential lift contractor license" means a license
issued by the director to a residential lift contractor that
authorizes the licensee to engage solely in the construction,
installation, alteration, maintenance, or repair of residential
lifts.
(8) (4)
"Special inspector" means
a person an individual who
holds
a special certificate of competency and is commissioned as
provided
in under this act.
(9) (5)
"Standard" means the
American standard safety code for
elevators, dumbwaiters, escalators, and moving walks, A 17.1-1965.
Sec.
12. (1) A person
, firm or corporation who is to shall
not install, construct, repair, alter, and maintain an elevator
shall
secure from the director an elevator contractor license. The
license
shall be issued by the director, after his receipt of in
this state if that person does not have an elevator contractor
license, or, if the elevator is a residential lift, an elevator
contractor license or a residential lift contractor license, issued
by the director under this act.
(2) The director shall issue an elevator contractor license to
a person under this act if the director receives an acceptable
application
in writing; and of receives the appropriate fee; , to a
person,
firm or corporation found finds
that the person is
qualified
to perform such that work; , and who is certified by the
board
as having and receives a
certification from the board that
the applicant has successfully passed the examination given by the
board.
The An application is not acceptable to the board director
until
the applicant has shown shows
by sworn affidavit that he or
the
person qualified for the applicant he
or she has had at least 5
years' experience as an elevator constructor or journeyman, or the
equivalent.
A license shall expire This
subsection does not apply
to an application for a residential lift contractor license.
(3) An elevator contractor license or residential lift
contractor license issued under this act expires on December 31 of
the year in which it is issued.
(4) The elevator contractor licensing requirements under this
section
for maintenance and repair work , as defined in this act,
shall
do not apply to any firm, person ,
or corporation maintaining
that
maintains elevators in their leased
or owned premises :
Provided,
That such the person leases
or owns, if those elevators
are
not used by the general public, and that the work is performed
by
their the person's permanent employees in accordance with
approved procedures and practices.
(5) The director shall issue a residential lift contractor
license that authorizes the licensee to install, construct, repair,
alter, and maintain only residential lifts if all of the following
are met:
(a) The director receives a completed application, in the form
prescribed by the director, and the appropriate fee as determined
by the director, for the license.
(b) The applicant is licensed as a residential maintenance and
alteration contractor under article 24 of the occupational code,
1980 PA 299, MCL 339.2401 to 339.2412.
(c) The applicant holds a certification from the manufacturer
of the residential lifts, as determined by the director, or the
director otherwise finds that the applicant is qualified to
install, construct, repair, alter, and maintain residential lifts.
Sec.
15. (1) A person, firm, or corporation Except as provided
in subsection (5), a person shall not install or alter an elevator
without
first having obtained obtaining
a permit from the
department.
A permit shall be issued only to a person, firm, or
corporation
The department shall only
issue a permit to a person
that is licensed by the director as an elevator contractor.
Elevator hoistway enclosures shall meet the requirements of the
standard.
A The department shall not
issue a permit to install a
stair climber type of incline lift in other than a private
residence
shall not be issued unless special permission is granted
by
the director. Detailed The
licensee shall submit detailed plans
and specifications of all elevator equipment and the elevator
hoistway
enclosure, in triplicate, shall be submitted by the
licensee
to the department, and shall
be approved by the department
approval of those plans and specifications is required before the
permit
is issued. Permit applications shall be made on forms
furnished
A person shall apply for a
permit on a form provided by
the
department. The applicable fee shall be paid before issuance of
the
permit. The department shall
not issue a permit if the
appropriate fee is not paid. For emergency alterations, the permit
shall be obtained within 72 hours from the time of alteration.
(2)
In a municipality maintaining that
maintains its own
approved elevator inspection department, a person shall submit
elevator
installation or alteration plans and
specifications shall
be
submitted to that department for
its approval and, if approved,
the municipality shall issue a permit for the installation or
alteration
of that elevator. shall be issued by the municipality.
(3)
Beginning the effective date of the amendatory act that
added
this subsection, the The department shall issue an initial or
renewal elevator contractor license or installation or alteration
permit not later than 90 days after the applicant files a completed
application.
Receipt of the An application is considered received
on the date the application is received by any agency or department
of
the this state. of Michigan. If the an application
is considered
incomplete by the department, the department shall notify the
applicant in writing, or make the information electronically
available, within 30 days after receipt of the incomplete
application, describing the deficiency and requesting the
additional
information. The 90-day period is tolled upon
notification
from the date the applicant
is notified by the
department of a deficiency until the date the requested information
is received by the department. The determination of the
completeness of an application does not operate as an approval of
the application for the license or permit and does not confer
eligibility of an applicant determined otherwise ineligible for
issuance of a license or permit.
(4) If the department fails to issue or deny a license or
permit within the time required by subsection (3), the department
shall return the license or permit fee and shall reduce the license
or permit fee for the applicant's next renewal application, if any,
by
15%. The A failure to issue a license or permit within the time
required under this section does not allow the department to
otherwise delay the processing of the application, and the
department
shall place that application, upon
completion, shall be
placed
when completed, in sequence with other completed
applications received at that same time. The department shall not
discriminate against an applicant in the processing of the
application
based upon on the fact that the license or permit fee
was refunded or discounted under this subsection.
(5) A residential lift contractor is not required to obtain a
permit from the department under subsection (1) to alter or install
a residential lift in a residential dwelling if the contractor
holds a residential lift contractor license and obtains all permits
required by the municipality in which the residential dwelling is
located for the alteration or installation before the residential
lift is used.
(6) (5)
Beginning October 1, 2005, the The
director of the
department shall submit a report by December 1 of each year to the
standing committees and appropriations subcommittees of the senate
and house of representatives concerned with occupational issues.
The director shall include all of the following information in the
report concerning the preceding fiscal year:
(a) The number of initial and renewal applications the
department received and completed within the 90-day time period
described in subsection (3).
(b) The number of applications denied.
(c) The number of applicants not issued a license or permit
within the 90-day time period and the amount of money returned to
licensees or permittees under subsection (4).
(7) (6)
As used in this section,
"completed application" means
an application complete on its face and submitted with any
applicable licensing or permit fees as well as any other
information, records, approval, security, or similar item required
by law or rule from a local unit of government, a federal agency,
or a private entity but not from another department or agency of
the
this state. of Michigan.
Enacting section 1. This amendatory act does not take effect
unless Senate Bill No.____ or House Bill No. 4971(request no.
01517'13 a *) of the 97th Legislature is enacted into law.