October 18, 2016, Introduced by Senators SCHUITMAKER, HORN and KNOLLENBERG and referred to the Committee on Regulatory Reform.
A bill to regulate the inspection, construction, installation,
alteration, maintenance, repair, and operation of elevators and the
licensing of elevator contractors, elevator journeymen, and
elevator inspectors; to prescribe the powers and duties of the
elevator safety board; to establish the powers and duties of
certain state and local governmental officers and entities; to
provide for the promulgation of rules; to provide for certain fees;
to provide for penalties and civil fines; and to repeal acts and
parts of acts.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
ARTICLE 1
SHORT TITLE, DEFINITIONS, AND EFFECTS OF FORMER ACTS
Sec. 101. This act shall be known and may be cited as the
"elevator regulation act".
Sec. 103. As used in this act:
(a) "Administrative procedures act of 1969" means the
administrative procedures act of 1969, 1969 PA 306, MCL 24.201 to
24.328.
(b) "Board" means the elevator safety board.
(c) "Board files" means the records, memoranda, opinions,
minutes, and similar written materials of the board.
(d) "Censure" means an expression of disapproval of a
licensee's professional conduct, whether or not the conduct is a
violation of this act or a rule promulgated or an order issued
under this act.
(e) "Competence" means a degree of expertise that enables an
individual to engage in an occupation at a level that meets or
exceeds minimal standards of acceptable practice for the
occupation.
(f) "Complaint" means a written grievance.
(g) "Completed application" means an application for
licensure, renewal of a license, relicensure, a certificate of
competency, or a certificate of operation under this act that is
complete on its face, is submitted to the department on a form
provided by the department, is signed by an individual who
certifies that the application is complete and accurate, and is
submitted with any applicable fees established by the department
under section 207 and with 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 this state.
(h) "Department" means the department of licensing and
regulatory affairs.
(i) "Director" means the director of the department of
licensing and regulatory affairs or his or her authorized
representative.
(j) "Disability" means an infirmity that prevents a board
member from performing a duty assigned to the board member.
Sec. 105. As used in this act:
(a) "Formal complaint" means a document that states the
charges of each alleged violation and is prepared by the department
or the department of attorney general after a complaint is received
by the department.
(b) "General public" means each individual who resides in this
state and is 18 years of age or older, other than an individual or
the spouse of an individual who is licensed under this act or who
has a material financial interest in an occupation that is
regulated under this act.
(c) "Incompetence" means a departure from, or a failure to
conform to, minimal standards of acceptable practice for an
occupation.
(d) "Knowledge and skill" means the information, education,
practical experience, and the facility in applying that
information, education, and practical experience.
(e) "License" includes the whole or part of a governmental
permit, certificate, approval, registration, charter, or similar
form of permission required under this act.
(f) "Licensee" means an individual who is granted a license
under this act.
(g) "Limitation" means a condition, stricture, constraint,
restriction, or probation attached to a license that relates to the
scope of practice of that occupation by the licensee. The term
includes, but is not limited to, any of the following:
(i) A requirement that the licensee perform only specified
functions of the licensee's occupation.
(ii) A requirement that the licensee perform the licensee's
occupation only for a specified period of time.
(iii) A requirement that the licensee perform the licensee's
occupation only within a specified geographical area.
(iv) A requirement that restitution be made or certain work be
performed before a license is issued or renewed or the licensee is
relicensed.
(v) A requirement that a licensee file a financial statement
certified by an individual who is licensed as a certified public
accountant under article 7 of the occupational code, 1980 PA 299,
MCL 339.720 to 339.736, with the department at regular intervals.
(vi) A requirement that reasonably assures a licensee's
competence to perform the licensee's occupation.
(vii) A requirement that all contracts of a licensee are
reviewed by an attorney.
(viii) A requirement that a licensee have on file with the
department a bond issued by a surety insurer that is approved by
the department or cash in an amount determined by the department.
(ix) A requirement that a licensee deposit money received in
an escrow account from which money may be disbursed only under
certain conditions as determined by the licensee and another party.
(x) A requirement that a licensee file reports with the
department at intervals determined by the department.
Sec. 107. As used in this act:
(a) "Occupation" means a field of endeavor regulated under
this act.
(b) "Person" means an individual, sole proprietorship,
partnership, association, limited liability company, corporation,
common law trust, or a combination of those legal entities. Person
includes a department, board, school, institution, establishment,
or governmental entity.
(c) "Probation" means a sanction that permits the board to
evaluate over a period of time a licensee's fitness to practice an
occupation regulated under this act.
(d) "Public access" means the right of a person to view and
copy files under the freedom of information act, 1976 PA 442, MCL
15.231 to 15.246.
(e) "Rule" means a rule authorized under this act and
promulgated under the administrative procedures act of 1969.
Sec. 109. (1) An individual who holds a license on the day
immediately preceding the effective date of this act that was
issued under a former act is considered the holder of a license
under this act until that license expires. An individual who holds
a license described in this subsection may renew that license in
the manner described in this act.
(2) An individual who holds an inspector's certificate of
competency on the day immediately preceding the effective date of
this act that was issued under former 1967 PA 227 is considered the
holder of a license as an elevator inspector under this act until
the expiration date of that certificate. An individual who holds a
certificate of competency described in this subsection may renew
that certificate in the manner described in this act for renewal of
an elevator inspector license.
(3) A certificate of operation for an elevator issued under
former 1967 PA 227 and in effect on the day immediately preceding
the effective date of this act is considered a certificate of
operation issued under this act until that certificate of operation
expires. A person may renew a certificate of operation described in
this subsection in the manner described in this act.
(4) The elevator safety board created in former 1967 PA 227 is
abolished. However, the members of the elevator safety board
created in former 1967 PA 227 shall serve as the initial members of
the elevator safety board under this act until the members of the
elevator safety board are appointed under this act or until the
expiration of their respective terms, whichever occurs first.
(5) Rules that were promulgated by the department or by the
elevator safety board under a former act and were in effect on the
day immediately preceding the effective date of this act shall
continue in effect to the extent that they do not conflict with
this act. The rules shall be enforced by and may be amended or
rescinded by the department or the board under this act.
(6) As used in this section, "former act" means former 1967 PA
227 or former 1976 PA 333.
ARTICLE 2
GENERAL PROVISIONS
Sec. 201. (1) An individual shall apply for a license, renewal
of a license, relicensure, or a certificate of competency under
this act by submitting a completed application that includes the
appropriate fee or fees established under section 207.
(2) Subject to the exceptions described in section 203, the
department shall grant a license to an individual who meets the
licensure requirements set forth in this act and in rules
promulgated under this act.
(3) The department shall establish the expiration date of
licenses issued under this act by rule promulgated by the
department under section 207. However, the department shall not
issue, and the rules shall not permit the issuance of, a permanent
license.
Sec. 202. An individual who holds a license or certificate of
competency under this act shall report to the department a change
of his or her name or address within 30 days after the change
occurs.
Sec. 203. (1) The department may grant a license to an
individual under this act if the individual demonstrates to the
satisfaction of the department and the board, in the manner
required under article 5, that the licensure requirements do not
constitute a fair and adequate measure of the individual's
knowledge and skills or that an examination required for licensure
does not serve as an adequate basis for determining whether an
individual could perform an occupation with competence.
(2) The department shall not grant and an individual shall not
receive a license under this act until the department receives the
individual's completed application, including the appropriate fee
or fees established by the department under section 207.
(3) If the department does not grant a license under this
section, the department shall notify the applicant of the denial in
writing, and the applicant may appeal that decision to the board
under the administrative procedures act of 1969.
(4) The department may grant a license under this act with a
limitation. If the department intends to impose a limitation on the
issuance of a license of an individual under this act, the
department shall notify the board of its intent, and the department
may impose the limitation only with the approval of the board.
However, if the board, within 60 days after it receives
notification by the department under this subsection, does not
approve or disapprove of the imposition of the limitation, the
department may impose the limitation. An individual who receives a
license with a limitation may receive a review of the limitation
under section 533.
Sec. 205. (1) Unless otherwise provided in this act and
subject to the limitations set forth in this section, the
department shall renew the license of an individual who fulfills
all of the following requirements:
(a) Has applied for renewal by submitting a completed
application for renewal, including the appropriate fee or fees
established under section 207. The completed application for
renewal, including the appropriate fee or fees, must be received by
the department on or before the date prescribed by the department
for the expiration of the current license.
(b) Has met the renewal requirements set forth in this act, a
rule promulgated under this act, or an order issued under this act.
(2) Except as otherwise provided in this act, the department
may renew the license of an individual who does not meet the
requirements for renewal if the individual demonstrates to the
satisfaction of the department and the board, if applicable, in the
manner required under article 5, that the requirements for renewal
as set forth in this act or a rule promulgated under this act do
not constitute a fair and adequate measure of the individual's
knowledge and skills or that the requirements for renewal do not
serve as an adequate basis for determining whether an individual
could continue to perform an occupation with competence. However,
if attendance in a continuing education program is a requirement
for renewal of a license, the department shall not waive that
requirement under this subsection.
(3) The department shall not grant a license under this act
until the individual who is seeking renewal pays the appropriate
fees established by rule promulgated by the department under
section 207.
(4) If the department does not renew a license under this
section, the department shall notify the applicant of the denial in
writing, and the applicant may appeal that decision to the board
under the administrative procedures act of 1969.
(5) The department may grant a license under this act with a
limitation. If the department intends to impose a limitation on the
issuance of a license of an individual under this act, the
department shall notify the board of its intent, and the department
may impose the limitation only with the approval of the board.
However, if the board, within 60 days after it receives
notification by the department under this subsection, does not
approve or disapprove of the imposition of the limitation, the
department may impose the limitation. An individual who receives a
license renewal with a limitation may receive a review of the
limitation under section 533.
(6) It is the responsibility of the licensee to renew his or
her license. The department shall send a renewal application form
to the last known physical or electronic address of a licensee on
file with the department. The failure of a licensee to notify the
department of a change of address does not extend the expiration
date of a license and may result in disciplinary action.
Sec. 207. (1) The department shall promulgate any rules it
considers necessary and appropriate to implement and administer
this act and to enable the department to fulfill its
responsibilities under this act.
(2) The department shall promulgate rules to establish the
fees for licenses, examinations, and inspections. The fees shall
reflect the actual costs and expenses of the department in issuing
licenses and conducting inspections. The fees in effect on the day
immediately preceding the effective date of this act shall continue
in effect until the department promulgates rules under this
subsection.
(3) The department shall promulgate rules to establish the fee
schedules for items, including, but not limited to, variance
requests, product approvals, or special inspections. The fees shall
reflect the actual costs and expenses of the department for those
items.
(4) The department may promulgate rules to set the minimal
standards of acceptable practice for an occupation.
Sec. 209. (1) Before an examination or other test required
under this act is administered and except as otherwise provided in
this act, the department, in consultation with the board, shall
review and approve the form and content of the examination or other
test. The examination or test shall be structured to provide a
measure of whether an individual has sufficient knowledge and
skills to perform an occupation with competence.
(2) Except as otherwise provided in this act, subject to
subsection (4), the department shall administer, score, and monitor
an examination or test under this section.
(3) Except as otherwise provided in this act, subject to
subsection (4), the department shall provide the equipment,
examination room, written form, and any other item needed to
administer an examination or test under this section.
(4) The department may enter into an agreement with an entity
that is not an agency of a state or the federal government that
authorizes the entity to fulfill the department's responsibilities
under subsection (2) or (3). The department shall promulgate any
rules it considers appropriate to implement and administer this
subsection.
Sec. 211. The department shall have control over and physical
possession of the board files. The department shall ensure that
applicable laws concerning public access to the board files are
met.
Sec. 213. (1) The department shall furnish office services to
the board and perform managerial, administrative, and budgetary
functions for the board.
(2) The department shall appoint administrative and
secretarial staff, clerks, and employees necessary for the proper
exercise of the powers and duties of the board.
(3) The department, subject to any limitations imposed by the
civil service commission, may fire, suspend, promote, demote, or
transfer an individual who is providing administrative or
secretarial service for the board.
Sec. 215. The department shall provide a comprehensive
orientation program for each individual who is appointed and
confirmed as a member of the board.
Sec. 217. The department shall prepare and publish an annual
report describing the activities of the department and the board.
The annual report shall be filed with the governor and the
legislature.
Sec. 219. (1) If an individual has not previously been denied
a license or had a license revoked or suspended, the department may
grant a nonrenewable temporary license to an applicant for
licensure under this act.
(2) If approved by the board, a temporary license that is
granted under subsection (1) is valid until 1 or more of the
following occur:
(a) The results of the next scheduled examination are
available.
(b) The results of the next required evaluation procedure are
available.
(c) A license is issued.
(d) The next examination date of an examination for licensure
in the applicable occupation, if the applicant does not take the
examination.
(e) The applicant fails to meet the requirements for a
license.
(f) A change in employment is made.
(3) In addition to a temporary license under subsection (1),
the department shall grant a temporary license for an occupation
under this act to an individual who applies for a temporary license
if the applicant meets all of the following:
(a) He or she provides proof acceptable to the department that
he or she is married to an individual who is serving in the armed
forces and is on active duty.
(b) He or she provides proof acceptable to the department that
he or she holds a current license in good standing, or a current
registration in good standing, in that occupation, issued by an
equivalent licensing department, board, or authority, as determined
by the department, in another state of the United States, the
District of Columbia, Puerto Rico, the United States Virgin
Islands, another territory or protectorate of the United States, or
a foreign country.
(c) He or she provides proof acceptable to the department that
his or her spouse is assigned to a duty station in this state and
that he or she is also assigned to a duty station in this state
under his or her spouse's permanent change of station orders.
(4) A temporary license that is granted under subsection (1)
is valid for 6 months and may be renewed for 1 additional 6-month
term if the department determines the temporary licensee continues
to meet the requirements of subsection (1) and needs additional
time to fulfill the requirements for initial licensure in this
state.
(5) If the department does not grant a temporary license under
this section, the department shall notify the applicant of the
denial in writing, and the applicant may appeal that decision to
the board under the administrative procedures act of 1969.
(6) The department may place a limitation on a temporary
license granted under this section.
Sec. 221. If the records of an applicant for licensure under
this act related to the education or experience required under this
act are unavailable from a foreign country, the applicant may, with
the approval of the board and the department, take an examination
or apply for a reciprocal license after submitting all of the
following to the department:
(a) A notarized affidavit approved by the department that
states the total number of years of education received, the name of
the school or schools attended, the dates each school was attended,
the degree obtained, the courses taken, the grades received, and
the names of each former employer of the applicant.
(b) A notarized statement approved by the department from a
governmental official testifying to the unavailability of the
necessary records.
ARTICLE 3
BOARDS GENERALLY
Sec. 301. (1) The elevator safety board is created in the
department. The board shall consist of the director, who is a
nonvoting, ex officio member of the board and is not a member for
purposes of section 5 of article V of the state constitution of
1963 or for determining a quorum, and 9 voting members as follows:
(a) One member who is a holder of a certificate of operation
for an elevator.
(b) One member who represents insurance companies that are
authorized to insure elevators in this state.
(c) One member who is a licensed elevator contractor and
member of a union.
(d) One member who is a licensed elevator contractor and not a
member of a union.
(e) One member who represents a city, village, township, or
county in this state that has a population of at least 500,000
according to the most recent decennial census.
(f) One member who is a licensed architect or consulting
engineer.
(g) One member who represents the manufacturers of elevators
used in this state.
(h) Two members who represent the general public.
(2) In addition to meeting any additional eligibility
requirements under this act, each member of the board must be at
least 18 years old and a resident of this state.
Sec. 303. Each of the following applies to the appointment of
a voting member of the board after the effective date of this act:
(a) The governor shall appoint an individual as a member of
the board with the advice and consent of the senate, including an
individual appointed to fill a vacancy on the board.
(b) In making an appointment, the governor shall seek
nominations from a wide range of interested groups and persons,
including appropriate professional associations, consumer
associations, labor unions, and other organizations or individuals.
Sec. 305. Beginning on the effective date of this act, all of
the following apply to the members of the board:
(a) Except for a member described in subdivision (b), the term
of a member appointed to the board is 4 years.
(b) An individual who is appointed to fill a vacancy on the
board that is the result of a member's resignation, death,
disability, or removal for cause by the governor shall serve for
the balance of the term of the member he or she replaced and he or
she may be reappointed for not more than 2 full terms.
(c) A vacancy is filled in the same manner as the original
appointment was made. The governor shall appoint an individual as a
member of the board, subject to the advice and consent of the
senate under section 303, within 60 days after a vacancy occurs and
within 60 days after the senate disapproves an appointment by the
governor.
(d) The governor may remove a member of the board under
section 10 of article V of the state constitution of 1963.
(e) Except as provided in subdivision (b), the governor shall
not appoint an individual to serve for more than 2 consecutive
terms.
Sec. 309. Annually, the legislature shall fix the per diem
compensation of a member of the board. Travel or other expenses
incurred by a member of the board in the performance of an official
function is payable by the department under the standardized travel
regulations of the department of technology, management, and
budget.
Sec. 311. All of the following apply to the meetings of the
board:
(a) The board shall meet as often as necessary to fulfill its
duties under this act, but shall meet at least once a year and at
other dates set by the director.
(b) A majority of the voting members appointed and serving on
the board constitute a quorum.
(c) A member of the board shall not vote by proxy.
(d) The board shall conduct its meetings pursuant to the open
meetings act, 1976 PA 267, MCL 15.261 to 15.275.
Sec. 313. All of the following apply to the operation of the
board:
(a) Annually, the board shall elect a chairperson, a vice-
chairperson, and any other officers the board determines are
necessary. The board may fill a vacancy in an office of the board
for the balance of the 1-year term.
(b) The board may adopt bylaws for the regulation of its
internal affairs.
(c) The board shall report its activities to the department
annually and as often as the director orders.
Sec. 315. (1) The board shall be within the department.
(2) The board's duties shall include the interpretation of a
licensure or permit requirement of this act, and, if necessary, the
furnishing of aid in an investigation conducted under article 5. At
the discretion of the board, a member of the board may attend an
informal conference conducted under section 515. The board shall
assist the department in the implementation of this act.
Sec. 317. After completion of a hearing conducted under
section 519, the board shall assess a penalty or penalties under
article 6.
Sec. 319. The board shall aid the department in interpreting a
licensure or permit requirement described in this act that is
incomplete or subjective in nature to determine whether the
individual who is seeking a license or permit or a renewal has met
the requirements for the issuance or renewal.
Sec. 321. (1) The department, in consultation with the board,
shall develop an examination or test required for licensure under
this act. The department in developing an examination or test may
adopt an examination or test prepared by another agency if the
department, in consultation with the board, determines that the
examination or test serves as a basis for determining whether an
individual has the knowledge and skills to perform an occupation
with competence.
(2) The material required by the board and the department to
develop an examination or test may be considered by the board in a
closed session, if the board meets the requirements of section 7 of
the open meetings act, 1976 PA 267, MCL 15.267.
Sec. 323. (1) The board shall surrender control and physical
possession of any board files to the department.
(2) The board, until the department determines otherwise,
shall utilize the personnel, office space, and items or equipment
that were utilized by the board under former 1967 PA 227 and that
are needed for the board to function.
ARTICLE 4
LICENSE FEES
Sec. 401. (1) By rule promulgated under section 207, the
department shall establish the specific amounts of the fees charged
for licenses, permits, and other activities under this act.
(2) If a license is lost or destroyed, and if the department
receives an application and the applicable fee, the department
shall issue a new license to replace it, without another
examination.
(3) If the department receives an application and the
applicable fee, the department shall issue a license verification
for a current license that is granted under this act.
(4) If the department receives a request in writing for a
replacement elevator serial plate or elevator tag number, and an
appropriate fee established by rule, the department shall issue a
replacement elevator serial plate or elevator tag number.
Sec. 403. (1) This act does not prohibit a person that has a
contract with the department, or any other person that provides
direct services to an applicant or licensee, from collecting fees
directly from that applicant or licensee.
(2) If the department terminates a contract with a person that
has been administering a licensing examination to applicants for
licensure in a specific occupation, and the department itself
begins to administer the examination, the department shall not
charge an applicant a fee that is greater than the fee charged
under the terminated contract, unless the examination fee for that
occupation is increased by rule promulgated by the department under
section 207.
Sec. 405. An applicant must include a nonrefundable
application processing fee with an application for a license. The
department may also require that applicant include with the
application any fee required for an examination or inspection or
the fee for the initial license period.
Sec. 407. (1) An individual who is required to take an
examination shall pay an examination fee before being scheduled for
an examination.
(2) An individual who is scheduled for examination or
reexamination and who fails to appear shall forfeit the examination
fee.
(3) An individual who fails all or part of an examination may
be reexamined, if eligible, after paying the fee for the complete
examination or those parts of the examination he or she failed, as
applicable.
(4) The department shall publish in its application
instructions the deadline by which it must receive an application
in order for an applicant to be scheduled for a required
examination.
Sec. 409. (1) Except as otherwise provided in section 411, the
department shall not grant a license to an individual who has
completed the requirements for a license or who seeks to renew a
license until the individual has paid the license fee.
(2) The department shall establish license fees on a per year
basis. If licenses are established by rules promulgated by the
department under section 207 as biennial or triennial renewals, the
fee required shall be 2 or 3 times, as appropriate, the per year
amount.
(3) Unless otherwise provided under this act or rules
promulgated under this act, an applicant must complete all
requirements for licensure within 1 year after the department
received the license application or the department mails a notice
of an incomplete application to the applicant at the applicant's
last known physical or electronic address on file with the
department, whichever is later. If the requirements for licensure
are not completed within that period, the fees paid are forfeited
to the department and the application is void. To obtain a license
under this act, an individual whose application is void under this
subsection must submit a new application and fees and meet the
requirements of this act and rules promulgated under this act that
are in effect on the date the department receives the new
application.
Sec. 411. (1) Subject to subsection (2), an individual who
fails to renew a license on or before the expiration date of the
license shall not practice the occupation, operate, or use the
title of that occupation after that date. A license shall lapse on
the day after the expiration date.
(2) An individual who fails to renew a license on or before
the expiration date is permitted to renew the license by payment of
the required license fee and a late renewal fee within 60 days
after the expiration date.
(3) Except as otherwise provided in this act, the department
shall relicense an individual who fails to renew a license within
the time period set forth in subsection (2), without examination
and without meeting additional education or training requirements
in force at the time of application for relicensure, if all of the
following conditions are met:
(a) The individual applies within 3 years after the expiration
date of the last license.
(b) The individual pays an application processing fee, the
late renewal fee, and the per year license fee for the upcoming
licensure period.
(c) Any penalties or conditions imposed by disciplinary action
in this state or any other jurisdiction have been satisfied.
(4) Except as otherwise provided in this act, the department
shall relicense an individual whose last license expired 3 or more
years before the application for relicensure if the individual
shows that he or she meets the requirements for licensure
established by the department in rules or procedures. The rules or
procedures may require that an individual pass all or part of a
required examination, complete continuing education requirements,
or meet current education or training requirements.
(5) Unless otherwise provided in this act, an individual who
seeks relicensure shall file a completed application on a form
provided by the department, pay the application processing fee, and
file a petition with the department and the board stating reasons
for relicensure and including evidence that the individual can and
is likely to serve the public in the regulated activity with
competence and in conformance with all other requirements
prescribed by law, rule, or an order of the department or board.
The department shall review a petition for relicensure in the
manner described in article 5. If approved for relicensure, the
individual shall pay the per year license fee for the upcoming
license period if appropriate.
(6) If the department does not grant relicensure under this
section, the department shall notify the applicant of the denial in
writing, and the applicant may appeal that decision to the board
under the administrative procedures act of 1969.
(7) Notwithstanding any provision in this act to the contrary,
an individual or qualifying officer who is a licensee under this
act and who is on active duty in the armed forces of the United
States is temporarily exempt from any renewal license fee,
continuing education requirements, or other related requirements of
this act applicable to that license. It is the obligation of the
licensee to inform the department by written or electronic mail of
the desire to exercise the temporary exemption under this
subsection. If the licensee applying for the temporary exemption is
the individual responsible for supervision and oversight of
licensed activities, the licensee shall provide notice of
arrangements for adequate provision of that supervision and
oversight to the department. The licensee shall accompany the
request with proof, as determined by the department, to verify the
mobilized duty status. If it receives a request for a temporary
exemption under this subsection, the department shall make a
determination of the requestor's status and grant the temporary
exemption after verification of mobilized duty status under this
subsection. A temporary exemption is valid until 90 days after the
licensee's release from the mobilized duty on which the exemption
was based, but shall not exceed 36 months from the date of
expiration of the license.
Sec. 413. (1) It is a condition of licensure, renewal, or
relicensure that all fees and fines owed to the department are
paid.
(2) It is a condition to obtaining a permit that all fees and
fines owed to the department are paid, including, but not limited
to, current and previous permit fees, inspection fees, plan review
fees, and administrative fines.
(3) The amounts owed for permitting, inspections, plan review,
and administrative fines shall become a lien on the real property
90 days after issuance if not paid. The lien for those amounts, and
for all interest and penalties on those amounts, shall continue
until paid.
Sec. 415. The department shall waive the fee for an initial
license that is otherwise required under this act, or an
application processing fee charged by the department for an initial
license, if the applicant is an individual who served in the armed
forces and he or she provides to the department a form DD214, form
DD215, or any other form that is satisfactory to the department
that demonstrates he or she was separated from that service with an
honorable character of service or under honorable conditions
(general) character of service.
Sec. 417. All fees and money received by the department for
the licensing of individuals under this act, and any other income
the department receives under this act, shall be paid into the
state construction code fund created in section 22 of the Stille-
DeRossett-Hale single state construction code act, 1972 PA 230, MCL
125.1522.
ARTICLE 5
COMPLAINTS, INVESTIGATIONS, AND ADMINISTRATIVE PROCEEDINGS
Sec. 501. A complaint that alleges that a person has violated
this act or a rule promulgated or an order issued under this act
shall be submitted to the department. The department of attorney
general, the department, the board, or any other person may file a
complaint.
Sec. 503. If it receives a complaint, the department shall
immediately begin an investigation of the allegations of the
complaint and shall open a correspondence file. Within 15 days
after it receives a complaint, the department shall make a written
acknowledgment of the complaint to the person that made the
complaint. If the complaint is made by the department, the director
shall designate 1 or more employees of the department to act as the
person that made the complaint.
Sec. 505. The department shall conduct the investigation
required under section 503. In furtherance of that investigation,
the department may request that the attorney general petition a
circuit court of this state to issue a subpoena that requires an
individual to appear before the department and be examined with
reference to a matter within the scope of the investigation and to
produce books, papers, or documents pertaining to the
investigation.
Sec. 507. (1) The investigative unit of the department, within
30 days after the department receives the complaint, shall report
to the director on the status of the investigation. If, for good
cause shown, an investigation cannot be completed within 30 days,
the director may extend the time in which a report may be filed.
The total number of extensions permitted under this section shall
be included in the report required under section 217.
(2) If the report of the investigative unit of the department
does not disclose a violation of this act or a rule promulgated or
an order issued under this act, the department shall close the
complaint. The department shall forward the reasons for closing the
complaint to the respondent and complainant, who then may provide
additional information to reopen the complaint.
(3) If the report of the investigative unit made under
subsection (1) discloses evidence of a violation of this act or a
rule promulgated or an order issued under this act, the department
or the department of attorney general shall prepare the appropriate
action against the respondent which may be any of the following:
(a) A formal complaint.
(b) A cease and desist order.
(c) A notice of summary suspension.
(d) A citation.
Sec. 509. (1) After an investigation is conducted, the
department may issue an order summarily suspending a license that
is granted under this act based on an affidavit by an individual
who is familiar with the facts set forth in the affidavit, or, if
appropriate, based on an affidavit made on information and belief,
that an imminent threat to the public health, safety, and welfare
exists. After a summary suspension order is issued under this
section, the department shall promptly commence the administrative
proceedings described in this article to determine what additional
administrative action is appropriate.
(2) If an individual's license is summarily suspended under
this section, the individual may petition the department to
dissolve the order. If it receives a petition under this
subsection, the department shall immediately schedule a hearing to
decide whether to grant or deny the request to dissolve the order.
(3) An administrative law hearings examiner shall grant a
request to dissolve a summary suspension order made under
subsection (2), unless sufficient evidence is presented that an
imminent threat to the public health, safety, and welfare exists
that requires emergency action and continuation of the director's
summary suspension order.
(4) The record created at the hearing to dissolve a summary
suspension order shall become part of the record on the complaint
at a subsequent hearing in a contested case.
Sec. 511. (1) After an investigation is conducted, the
director may order a person to cease and desist from a violation of
this act or a rule promulgated or an order issued under this act.
(2) A person that is ordered to cease and desist under
subsection (1) is entitled to a hearing before the department if a
written request for a hearing is filed within 30 days after the
effective date of the order.
(3) If a cease and desist order issued under this section is
violated, the department of the attorney general may apply in a
circuit court of this state to restrain and enjoin, temporarily or
permanently, or both, a person from further violating the cease and
desist order.
Sec. 513. A summary suspension order, cease and desist order,
or injunctive relief issued or granted in relation to a license or
permit issued under this act is in addition to and not in place of
an informal conference; criminal prosecution; or proceeding to
deny, revoke, suspend, or place a limitation on, a license or
permit or any other action authorized under this act.
Sec. 515. (1) After an investigation is conducted and a formal
complaint is prepared, the department shall serve the formal
complaint on the respondent and the complainant. At the same time,
the department shall serve the respondent with a notice that
describes the compliance conference and hearing processes and
offers the respondent a choice of 1 of the following opportunities:
(a) An opportunity to meet with the department to negotiate a
settlement of the matter.
(b) If the respondent is a licensee under this act, an
opportunity to demonstrate compliance before a contested case
hearing is held, as required under section 92 of the administrative
procedures act of 1969, MCL 24.291.
(c) An opportunity to proceed to a contested case hearing
under section 71 of the administrative procedures act of 1969, MCL
24.271.
(2) A respondent that is served with notice of a formal
complaint under this section may select, within 15 days after the
respondent receives the notice, 1 of the options described in
subsection (1). If a respondent does not select 1 of those options
within the time period described in this subsection, then the
department shall proceed to a contested case hearing as described
in subsection (1)(c).
(3) An informal conference may be attended by a member of the
board, at the discretion of the board, and may result in a
settlement, consent order, waiver, default, or other method of
settlement agreed on by the parties and the department. A
settlement may include the revocation, suspension, or limitation of
a license; censure; probation; restitution; or a penalty under
article 6.
(4) The board may reject a settlement and require a contested
case hearing under section 71 of the administrative procedures act
of 1969, MCL 24.271.
(5) An authorized employee or agent of the department may
represent the department in any contested case hearing held under
the administrative procedures act of 1969.
Sec. 517. This act does not prevent a person against which a
complaint is filed from showing compliance with this act, or a rule
promulgated or an order issued under this act, under section 92 of
the administrative procedures act of 1969, MCL 24.292.
Sec. 519. If an informal conference is not held or does not
result in a settlement of a complaint, the department shall hold a
hearing under section 92 of the administrative procedures act of
1969, MCL 24.292. A member of the board may attend a hearing under
this section.
Sec. 521. The department or the department of the attorney
general may petition a circuit court to issue a subpoena that
requires the individual subpoenaed to appear or testify or produce
relevant documentary material for examination at a proceeding
conducted under section 515 or 519.
Sec. 523. (1) At the conclusion of a hearing conducted under
section 519, the administrative law hearings examiner shall submit
a determination of findings of fact and conclusions of law to the
department and the department of the attorney general and the board
in a hearing report. The submitted hearing report may recommend the
assessment of penalties under article 6.
(2) The department shall submit a copy of a hearing report
described in subsection (1) to the person that made the complaint
and to the person against which the complaint was lodged.
Sec. 525. (1) Within 60 days after the board receives an
administrative law hearings examiner's hearing report under section
523, the board shall meet and make a determination of the penalties
to be assessed under article 6. The board shall make its
determination based on the administrative law hearings examiner's
report. A transcript of a hearing or a portion of the transcript
shall be made available to the board on request. If a transcript or
a portion of the transcript is requested, the board shall make its
determination of the penalty or penalties to be assessed under
article 6 at a meeting of the board held within 60 days after it
receives the transcript or portion of the transcript.
(2) If the board does not determine the appropriate penalty or
penalties to be assessed within the time limits described in
subsection (1), the director may determine the appropriate penalty
and issue a final order assessing that penalty.
(3) A member of the board who has participated in an
investigation on a complaint filed with the department or who has
attended an informal conference shall not participate in making a
final determination in a proceeding on that complaint.
Sec. 527. An individual who is seeking a license or renewal
under this act may petition the department and the board for a
review if that individual does not receive a license or renewal.
Sec. 529. A petition submitted under section 527 shall be in
writing and shall set forth the reasons the petitioner believes
that the department should issue the license or permit.
Sec. 531. The department may grant a license or renewal for an
occupation regulated under this act, if, based on a review of the
qualifications of the individual who submitted a petition under
section 527, the department determines that the individual could
perform the occupation with competence.
Sec. 533. (1) If a limitation is placed on a license or the
renewal of a license under section 203 or 205, the licensee, within
30 days after the limitation is placed on the license or renewal of
the license, may petition the department in writing for a review of
the decision to place the limitation.
(2) The department, in reply to a petition submitted under
subsection (1), shall set forth the reasons the department
determined that the limitation should be placed on the license or
renewal of a license. The department shall send its reply to a
petition submitted under subsection (1) to the petitioner within 15
days after the department receives the petition.
(3) The department and the board may remove a limitation on a
license or renewal of a license, if, based on a review of the
petitioner's qualifications, the department and the board determine
that the individual who submitted a petition under subsection (1)
could perform with competence each function of the occupation
without the limitation.
Sec. 535. Notwithstanding any other provision of this act, if
an oral or written grievance was lodged before the effective date
of this act against a person that is licensed under a former act,
the department shall conduct the proceedings on that grievance in
the manner prescribed in the former act. As used in this section,
"former act" means that term as defined in section 109.
Sec. 537. (1) An employee of the department may issue a
citation to an individual who is licensed under this act or
required to obtain a license under this act if the employee
observes or deduces from an investigation, inspection, or complaint
that conduct or conditions exist or have existed that violate this
act or rules promulgated or orders issued under this act.
(2) The department may send a citation to a respondent by
certified mail, return receipt requested, or by electronic mail if
the department has an electronic mail address for the respondent on
file, or the employee of the department who issued the citation may
deliver it in person.
(3) A citation shall contain all of the following:
(a) The date of the citation.
(b) The name and title of the employee of the department who
issued the citation.
(c) The name and address of the respondent, and a statement
indicating that the respondent is being cited for a violation of
the act or rules promulgated or orders issued under the act.
(d) A brief description of the conduct or conditions that the
employee of the department who issued the citation considers a
violation of the act or rules or orders issued under this act and a
reference to the section of this act, the rule, or the order the
respondent is alleged to have violated.
(e) The proposed penalties or actions required for compliance,
including the payment of a fine in an amount that does not exceed
$100.00 for each violation.
(f) A space for the respondent to sign as a receipt for the
citation.
(g) A space where the respondent may accept the citation and
agree to comply or may indicate that the violation contained in the
citation is contested.
(h) A notice that the respondent must accept or reject the
terms of the citation within 30 days.
(i) A brief description of the hearing process and the process
for settlement through an informal conference under section 515.
(4) As used in this section, "employee of the department"
means an individual who is employed by the department, or a person
that is under contract to the department, whose duty it is to
enforce the provisions of this act or rules promulgated or orders
issued under this act.
Sec. 539. (1) A respondent has 30 days to notify the
department in writing that the person accepts the conditions
described in a citation or that the person does not admit to the
violation alleged in the citation.
(2) If a respondent accepts the conditions described in a
citation under subsection (1), the respondent, within 30 days after
receiving the citation, shall sign the citation and return it to
the department along with any fine or other material the respondent
is required to submit under the terms of the citation. The
department shall place the citation and accompanying material in
the person's records with the department, and include in those
records the nature of the violation and that the person accepted
the conditions imposed. A citation issued under this section has
the same force and effect as a final order issued by the board and
may be disclosed to the public. If the department does not take any
additional disciplinary actions against the person within 5
calendar years after the citation is issued, the department shall
remove the citation and accompanying material from its records. If
requested by the respondent, the department shall place a 1-page
explanation prepared by the respondent in the department's files
and shall disclose the explanation each time the department
discloses the issuance of the citation.
(3) If the respondent does not admit to the violation alleged
in a citation, the person may so state on the citation and return 1
copy to the department within the 30 days after the respondent
receives the citation. If a respondent returns a copy of the
citation that includes this statement within the 30-day time
period, the citation is considered a formal complaint under section
515 and the administrative process described in that section shall
be invoked.
Sec. 541. If a citation is signed as an indication that the
respondent received the citation, the signature is considered a
receipt of the citation and not an admission to the violation
alleged in the citation.
ARTICLE 6
PENALTIES AND REMEDIES
Sec. 601. (1) An individual shall not engage in or attempt to
engage in the practice of an occupation regulated under this act or
use a title designated in this act unless the individual possesses
a license that is granted by the department for the occupation.
(2) Subject to section 411, an individual whose license is
suspended, revoked, or lapsed, as determined by the records of the
department, is considered unlicensed.
(3) An individual who violates subsection (1) is guilty of a
misdemeanor punishable by a fine of not more than $500.00 or
imprisonment for not more than 90 days, or both.
(4) An individual who violates subsection (1) a second time is
guilty of a misdemeanor punishable by a fine of not more than
$1,000.00 or imprisonment for not more than 1 year, or both.
(5) An individual who violates subsection (1) a third or
subsequent time is guilty of a felony punishable by a fine of not
more than $25,000.00 or imprisonment for not more than 5 years, or
both.
(6) The remedies or penalties imposed for a violation of
subsection (1) may include a requirement that restitution be made,
based on proofs submitted to and findings made by the trier of fact
as provided by law.
(7) Notwithstanding the existence and pursuit of any other
remedy or penalty, an affected person may pursue an action for
injunctive relief to restrain or prevent an individual from
violating subsection (1). If successful in obtaining injunctive
relief, the affected person is entitled to actual costs and
attorney fees. As used this subsection, "affected person" means a
person that is directly affected by the actions of an individual
who is suspected of violating subsection (1) and includes, but is
not limited to, a licensee, the board, the department, a person
that has utilized the services of the individual who is suspected
of violating subsection (1), or a private association that is
composed primarily of members of the occupation in which the
individual is engaging in or attempting to engage in or in which
the individual is using a title designated under this act without a
license under this act.
(8) An investigation may be conducted under article 5 to
enforce this section. A person that violates this section is
subject to this section and sections 511, 603, and 611.
(9) The department, the attorney general, or a county
prosecutor may utilize forfeiture as a remedy in the manner
provided for in section 613.
(10) The remedies under this section are independent and
cumulative. The use of 1 remedy by a person does not bar the use of
other lawful remedies by that person or the use of a lawful remedy
by another person.
(11) If a conviction under subsection (4) or (5) is entered by
a court, the court shall notify the department by mail, facsimile
transmission, or electronic mail.
(12) The attorney general or the prosecuting attorney of a
county may bring an action in a court of competent jurisdiction to
enforce this section.
Sec. 603. If a person violates this act or a rule or order
promulgated or issued under this act, the department shall assess 1
or more of the following penalties:
(a) Placement of a limitation on a license.
(b) Suspension of a license.
(c) Denial of a license or renewal of a license.
(d) Revocation of a license.
(e) If the individual is licensed under this act and except as
otherwise provided in this act, an administrative fine to be paid
to the department of not more than $10,000.00.
(f) Censure.
(g) Probation.
(h) A requirement for the payment of restitution, based on
proof submitted to and findings made by the hearing examiner after
a contested case.
Sec. 605. If payment of restitution is required under section
603, the department may suspend the license of the individual who
is required to pay the restitution until the restitution is made.
Sec. 607. A person that violates 1 or more of the provisions
of this act or that commits 1 or more of the following is subject
to the penalties described in section 603:
(a) Practices fraud or deceit in obtaining a license.
(b) Practices fraud, deceit, or dishonesty in practicing an
occupation.
(c) Violates a rule of conduct of an occupation.
(d) Commits an act of gross negligence in practicing an
occupation.
(e) Practices false advertising.
(f) Commits an act that demonstrates incompetence.
(g) Violates any other provision of this act or a rule
promulgated under this act for which a penalty is not otherwise
prescribed.
(h) Fails to comply with a subpoena issued under this act.
(i) Fails to respond to a citation under section 539.
(j) Violates or fails to comply with a final order issued by
the board, including a stipulation, settlement agreement, or a
citation.
(k) Aids or abets an individual in the unlicensed practice of
an occupation.
Sec. 609. If the parties in a contested case under article 5
agree to any fact involved in the controversy by stipulation or
there is a finding of fact and conclusion of law in an action under
that article that a person has violated this act, the hearings
examiner shall assess costs related to the investigation of the
violation and costs related to the prosecution of the action. The
costs related to the investigation and prosecution include, but are
not limited to, salaries and benefits of personnel, costs related
to the time spent by the attorney general's office and other
personnel working on the action, and any other expenses incurred by
the department for the action.
Sec. 611. (1) The department may bring any appropriate action,
including mediation or other alternative dispute resolution, in the
name of the people of this state to carry out this act and to
enforce this act.
(2) If the attorney general considers it necessary, the
attorney general shall intervene in and prosecute any case that
arises under this act.
(3) This section does not prohibit the department from
bringing any civil, criminal, or administrative action for the
enforcement of section 601.
(4) The department has standing to bring an administrative
action or to directly bring an action in a court of competent
jurisdiction regarding the unlicensed practice of an occupation
regulated under this act.
Sec. 613. The department, the attorney general, and a county
prosecutor may utilize the forfeiture provisions of chapter 47 of
the revised judicature act of 1961, 1961 PA 236, MCL 600.4701 to
600.4710, for items seized and determined to be proceeds of a
crime, substituted proceeds of a crime, or the instrumentality of a
crime as those terms are defined in section 4701 of the revised
judicature act of 1961, 1961 PA 236, MCL 600.4701.
ARTICLE 7
ELEVATOR LICENSES, PERMITS, AND INSPECTIONS
Sec. 701. As used in this article:
(a) "Certificate of operation" means a certificate of
operation that is issued by the department under section 717.
(b) "Elevator" means the machinery, construction, apparatus,
and equipment of an incline lift, escalator, moving walk, or device
that serves 2 or more landings and is used in raising and lowering
a guided car, cage, or platform. The term includes a passenger
elevator, freight elevator, gravity elevator, workmen's elevator,
manlift, or other lifting or lowering apparatus that is guided. The
term does not include any of the following:
(i) An elevating device that is subject to the authority of
the inspectors of mines under 1911 PA 163, MCL 425.101 to 425.113.
(ii) A feeding machine or belted bucket, scoop, roller, or any
similar type of freight conveyor.
(iii) A lubrication hoist or other similar mechanism.
(iv) A piling or stacking machine that is used within 1 story
and does not penetrate a floor.
(v) An elevator, dumbwaiter, or incline lift that is located
in a private, single-family dwelling.
(vi) An outside material hoist that is used for raising or
lowering construction materials while a building or structure is
under construction and is subject to the Michigan occupational
safety and health act, 1974 PA 154, MCL 408.1001 to 408.1094, and
the rules promulgated under that act.
(c) "Elevator contractor" means an individual who 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 of elevators.
(d) "Elevator contractor license" means a license that is
granted by the director that authorizes the licensee to engage in
the business of an elevator contractor at a single location in this
state.
(e) "Elevator inspector" means an individual who is licensed
under section 705 to perform, or to provide supervision in the
performance of, the work of installation, alteration, maintenance,
repair, servicing, adjusting, inspecting, or testing of elevators.
(f) "Elevator journeyman" means an individual who is qualified
and licensed under this article to perform, or to provide
supervision in the performance of, the work of installation,
alteration, maintenance, repair, servicing, adjusting, inspecting,
or testing of elevators.
(g) "Incline lift" means an elevator that is designed and
operated for the conveyance of individuals or material from 1 level
to another. The term does not include the enclosure or building in
which the incline lift is located, or a ski lift that is defined in
and subject to the ski area safety act of 1962, 1962 PA 199, MCL
408.321 to 408.344.
(h) "Major alteration" means any work other than an exact
replacement of an elevator part or component, any change to the
elevator cab, hoistway, mechanical room, elevator room, or elevator
pit, or any other alteration defined as a major alteration in a
standard approved by the department.
(i) "Repairs" means only the work that is necessary to
maintain present equipment in a safe and serviceable condition; and
to adjust or replace defective, broken, or worn parts with parts
that are made of equivalent material, strength, and design, and
that perform the same function as the replaced part.
Sec. 703. This act does not apply in the jurisdiction of a
city that has a population of 500,000 or more according to the most
recent decennial census and has adopted an ordinance that includes
requirements that are comparable to this act and the rules
promulgated under this act.
Sec. 705. (1) An individual must meet all of the following
requirements to obtain a license as an elevator journeyman:
(a) Be at least 18 years of age.
(b) Have a high school diploma or its equivalent.
(c) Have passed the examination required by the department to
test the applicant's qualifications to perform, or to provide
supervision in the performance of, the work of installation,
alteration, maintenance, repair, servicing, adjusting, inspecting,
or testing of elevators.
(d) Provide evidence of at least 3 years of continuous
employment as an elevator constructor, serviceman, maintenance man,
or repairman. This experience must consist of work performed that
complies with the requirements of this article and rules
promulgated under this act.
(2) An individual must meet all of the following requirements
to obtain a license as an elevator contractor:
(a) Be at least 18 years of age.
(b) Have a high school diploma or its equivalent.
(c) Have passed the examination required by the department to
test the applicant's qualifications to engage in 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 of elevators, or provide equivalent proof of
qualification acceptable to the department.
(d) Provide evidence of at least 7 years of experience as an
elevator journeyman, or equivalent experience acceptable to the
department.
(3) An individual must meet all of the following requirements
to obtain a license as an elevator inspector:
(a) Have passed the examination required by the department to
test the applicant's qualifications to inspect elevators.
(b) Provide evidence of at least 3 years of experience as an
elevator constructor, serviceman, maintenance man, or repairman.
(c) Provide at least 1 reference from a previous employer that
certifies to the applicant's experience.
(4) The department may consider a degree in electrical or
mechanical engineering from an accredited college or university as
the equivalent of 1 year of experience for purposes of subsection
(1), (2), or (3).
(5) Only an individual who is licensed under this article is
allowed to work in the installation, alteration, maintenance,
repair, servicing, inspecting, adjusting, or testing of elevators.
The individual must perform that work under the immediate
supervision of a licensed elevator contractor.
Sec. 707. (1) An individual who is not a resident of this
state and who meets the requirements of this article may apply to
obtain a license under this act. All of the following apply to a
nonresident individual or foreign entity that applies for licensure
under this act:
(a) The director may interview the applicant to determine
eligibility for licensure.
(b) The applicant shall file an irrevocable consent to service
of process with the department, on a form prescribed by the
department, appointing the department as its attorney to receive
service of lawful process in a noncriminal action or proceeding
against the applicant or licensee that arises under this act or a
rule promulgated or order issued under this act. The consent must
include the notarized signature of the applicant or an authorized
officer, member, or partner of the applicant. If the applicant is a
corporation, the applicant must include with the consent a
certified copy of the resolution of the board or shareholders of
the corporation that authorizes the consent.
(2) After the filing of the consent described in subsection
(1)(c), process received by the department has the same force and
validity as if served personally on the applicant or licensee. A
person that serves a pleading or process under this section shall
serve the pleading or process on the department in duplicate. The
department immediately shall forward by registered mail 1 copy of
the process or pleading to the last known address of the applicant
or licensee in the department's records.
Sec. 709. (1) The work of installation, alteration,
maintenance, repair, servicing, inspecting, adjusting, or testing
of an elevator shall be performed by an individual who is licensed
under this article.
(2) An individual who enters an elevator hoistway, pit,
machinery space, or machine room for any reason, except under an
emergency situation, must be a licensed elevator inspector or an
individual who is employed as a helper and is under the immediate
supervision of an individual who is licensed under this article.
(3) A building owner must display a sign on the machine room
door that identifies the room as the machine room, states that only
authorized personnel are to be admitted, and states that the room
may not be used for storage.
(4) Storage of any items other than elevator materials in a
machine room is a violation of this article.
(5) A building owner shall ensure that all keys to the
elevator system that are required under the standard approved by
the department, including the hoistway door unlocking device, are
stored in the machine room and made available to an elevator
inspector.
Sec. 711. An elevator shall be constructed, equipped,
maintained, repaired, and used with respect to the supporting
members, car or platform, hoistways, guides, cables, doors and
gates, safety stops and mechanisms, electrical apparatus and
wiring, mechanical apparatus, counterweights, and all other
appurtenances, in a manner that complies with the requirements of
this act and rules promulgated under this act.
Sec. 713. (1) The holder of the certificate of operation for
an elevator shall permanently attach to the elevator in an approved
area an identification plate that shows the rated load and the
serial number of each elevator.
(2) The department shall furnish 1 serial number tag to the
holder of a certificate of operation for an elevator and the holder
shall permanently attach the tag to the elevator machine
controller. The holder may obtain a replacement elevator serial
plate or elevator tag number under section 401(4).
Sec. 715. (1) An individual shall not install or alter an
elevator, hoistway, pit, machine room, or machinery space without
first obtaining a permit from the department. The department shall
only issue a permit to an individual who is licensed under this
article.
(2) An individual must have a permit when performing any major
alteration, including, but not limited to, any of the following:
(a) A replacement that requires the performance of a test.
(b) Work that requires depressurization of an elevator
hydraulic system.
(c) Replacement of suspension equipment or parts, including,
but not limited to, belts and cables.
(d) Replacement of equipment or parts for an escalator or
moving walk, including, but not limited to, a chain or handrail.
(3) A permit shall expire after 180 days of inactivity. An
individual may renew a permit, at the discretion of the department,
for 1 additional 180-day period if the individual pays a permit
renewal fee in an amount established by the department by rule.
(4) An elevator hoistway enclosure must meet the requirements
of this act and rules promulgated under this act.
(5) A licensee who applies for a permit must submit detailed
plans and specifications of all elevator equipment and the elevator
hoistway enclosure to the department, and the department shall not
issue a permit unless it approves the plans and specifications.
(6) An elevator must be approved for use by the department
before operation.
Sec. 717. (1) Each year, the department shall inspect each
elevator that is located in this state. If the department
determines that an elevator has been inspected, tested, and
maintained in a safe operating condition in compliance with the
requirements of this act and the rules promulgated under this act
that are in effect on the date of the inspection, the department
shall issue a certificate of operation for the elevator to the
owner of the elevator.
(2) A certificate of operation is valid for 1 year and expires
1 year after the date of issuance, unless renewed within 60 days
after the date of expiration.
(3) A renewal application shall include an inspection form
signed by a licensed elevator contractor or a licensed elevator
inspector. The department shall schedule an elevator inspection
when it receives the renewal application and inspection fee. The
department may issue a letter of conditional compliance to the
owner, by mail or electronically, and add the elevator to the
department's inspection schedule.
(4) If a person does not submit a renewal application and the
renewal fee before the expiration of a certificate of operation,
the department shall schedule the elevator for an inspection, but
the person must pay an additional late fee, in an amount determined
by the department by rule, before the department will issue a
certificate of operation.
Sec. 719. (1) A building owner shall ensure that each elevator
on the premises is serviced and examined for defects by a licensed
elevator journeyman as often as necessary, but at least every 90
days, to maintain the equipment in a safe operating condition. The
department by rule shall establish minimum requirements for
maintenance and inspection.
(2) A building owner shall keep reports and logs of all
maintenance, repairs, tests performed, and inspections of an
elevator in the elevator machine room, on a form prescribed by the
department. The department may request copies or physical
inspection of the reports and logs at any time.
Sec. 721. During reasonable hours, the director may enter any
premises in this state without hindrance for the purpose of
examining equipment covered by this article in accordance with the
rules promulgated under this article. The holder of a certificate
of operation shall provide any assistance required by the director
in making the inspection.
Sec. 723. The department, an elevator journeyman, or an
elevator inspector may seal an elevator out of service in
accordance with the rules promulgated under this article or if any
of the following occur:
(a) In an emergency, if in the opinion of the journeyman or
inspector the condition of the elevator renders it unsafe for
operation.
(b) A failure to obtain a permit or renew a permit.
(c) A failure to comply with an order issued by the
department.
(d) A failure to renew a certificate of operation.
Sec. 725. (1) If an intact elevator is sealed out of service
by the department for more than 1 year or the elevator is inactive
for more than 1 year, and the premises are not vacated, the owner
of the premises in which the elevator is located must make the
elevator dormant by ensuring that the elevator equipment is
entirely disconnected in a manner that complies with the
requirements of this act and rules promulgated under this act.
(2) An individual who is licensed under this article must
first obtain a dormant elevator permit and pay any associated fees
before making an elevator dormant under subsection (1).
(3) The department shall void the certificate of operation for
an elevator that is made dormant under subsection (1).
(4) An elevator shall not be made dormant if the elevator is
required for the building to meet requirements established within
the Americans with disabilities act of 1990, Public Law 101-336.
(5) If a building owner wishes to make a dormant elevator
operational, the building owner must apply for a new certificate of
operation, meet the requirements of this act and any rules
promulgated by the department under this act, and pay the
applicable fees established by the department under this act.
(6) The department may promulgate rules concerning the process
of making an elevator dormant and making a dormant elevator
operational under this section.
Sec. 727. (1) The holder of a certificate of operation for an
elevator shall notify the department, on a form provided by the
department, within 24 hours after the holder knows of an accident
that involves personal injury or damage to the elevator.
(2) The building owner shall keep a copy of all accident
reports for at least 3 years from the date of the accident.
Sec. 729. The department, after consultation with the board,
shall promulgate rules regarding periodic inspections by the
department and shall include, but not be limited to, frequency,
documentation, and required examinations.
Sec. 731. An owner of an elevator device that is not subject
to this article may request the department to perform an inspection
of an elevating device that is not covered under this article and
will be required to pay the special inspection fee promulgated by
rule.
Enacting section 1. The following acts and parts of acts are
repealed:
(a) 1976 PA 333, MCL 338.2151 to 338.2160.
(b) 1967 PA 227, MCL 408.801 to 408.824.
Enacting section 2. This act takes effect 90 days after the
date it is enacted into law.