June 5, 2018, Introduced by Rep. Brann and referred to the Committee on Regulatory Reform.
A bill to amend 2016 PA 407, entitled
"Skilled trades regulation act,"
by amending sections 105 and 109 (MCL 339.5105 and 339.5109) and by
adding article 12; and to repeal acts and parts of acts.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 105. As used in this act:
(a) "Enforcing agency" means that term as defined in section
2a of the Stille-DeRossett-Hale single state construction code act,
MCL 125.1502a.
(b) "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.
(c) "Former act" means former 1956 PA 217; former 1984 PA 192;
former
1986 PA 54; former 2002 PA 733; or former 1965 PA 290; ,
former 1976 PA 333; or former 1967 PA 227, as applicable.
(d) "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 or registered in the
occupation or who has a material financial interest in the
occupation that is regulated by the specific article in which the
term is used.
(e) "Good moral character" means good moral character as
defined
in section 1 of and
determined under 1974 PA 381, MCL
338.41 to 338.47.
(f) "Governmental subdivision" means a governmental
subdivision as defined in section 2a of the Stille-DeRossett-Hale
single state construction code act, MCL 125.1502a.
(g) "Incompetence" means a departure from, or a failure to
conform to, minimal standards of acceptable practice for an
occupation.
(h) "Knowledge and skill" means information, education,
practical experience, and the facility to apply that information,
education, and practical experience.
(i) "License" includes the whole or part of a governmental
permit, certificate, approval, registration, charter, or similar
form of permission required under a specific article of this act.
(j) "Licensee" means a person that is issued a license under
this act.
(k) "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 person 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.
109. (1) A Except as
provided in section 1207, a person
that holds a license, registration, or certification issued under a
former
act on the day immediately preceding the effective date of
this
act April 3, 2017 is considered licensed, registered, or
certified under this act until that license, registration, or
certification expires, and the person may renew that license,
registration, or certification in the manner described in this act.
(2)
A Except as provided in
section 1207, a board created in a
former act shall continue as a board under this act, subject to the
provisions
of this act. The Except as
provided in section 1207, the
members of a board created under a former act serve as the initial
members of the equivalent board under this act until their
successors are appointed under this act or until the expiration of
their respective terms, whichever occurs first.
(3)
Rules Except as provided
in section 1207, rules
promulgated by the department or by a board under a former act and
in
effect on the day immediately preceding the effective date of
this
act April 3, 2017 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 a board under this
act.
(4) Any proceedings pending before the electrical
administrative board under the authority of former 1956 PA 217, the
board of mechanical rules under the authority of former 1984 PA
192, the board of boiler rules under the authority of former 1965
PA 290, the building officials advisory board under the authority
of former 1986 PA 54, or the state plumbing board under the
authority of former 2002 PA 733 shall be continued and be conducted
and determined in accordance with that former act.
(5) A reference in any other law of this state to a former act
is considered a reference to this act.
ARTICLE 12
ELEVATOR LICENSES, PERMITS, AND INSPECTIONS
Sec. 1201. As used in this article:
(a) "Board" means the elevator safety board created under
section 1205.
(b) "Certificate of operation" means a certificate of
operation that is issued by the department under section 1221.
(c) "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.
(d) "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.
(e) "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.
(f) "Elevator inspector" means an individual who is licensed
under section 1209 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) "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.
(h) "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.
(i) "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.
(j) "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. 1203. This article 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 article and the
rules promulgated under this article.
Sec. 1205. (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 its duties under article 3, the board shall
review any substantive revisions made by the American Society of
Mechanical Engineers to the Safety Code for Elevators and
Escalators, ASME A17.1/CSA B44, within 6 months of the publication
of those revisions, and make recommendations to the director for
any amendments to the Michigan elevator rules, R 408.7001 to R
408.8695 of the Michigan Administrative Code, or recommendations to
the state construction code commission for any amendments to the
state construction code, that the board considers appropriate to
reflect those revisions. The board shall hold at least 1 public
hearing and solicit and consider input from stakeholders before
making any recommendations to the director under this subsection.
Sec. 1207. (1) An individual who holds a license on the day
immediately preceding the effective date of this article that was
issued under former 1967 PA 227 or former 1976 PA 333 is considered
the holder of a license under this article 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 article that was issued under former 1967 PA 227 is considered
the holder of a license as an elevator inspector under this article
until the expiration date of that certificate. An individual who
holds a certificate of competency described in this subsection may
obtain a license as an elevator inspector 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 article is considered a certificate of
operation issued under this article until that certificate of
operation expires. A person may renew a certificate of operation
described in this subsection in the manner described in this
article.
(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 article until the members of
the elevator safety board are appointed under this article 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 former 1967 PA 227 or former 1976 PA
333 and were in effect on the day immediately preceding the
effective date of this article shall continue in effect to the
extent that they do not conflict with this article. The rules shall
be enforced by and may be amended or rescinded by the department or
the board.
Sec. 1209. (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 article.
(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. 1211. (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 article. All of the following apply to
a nonresident individual or foreign entity that applies for
licensure under this article:
(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)(b), 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. 1213. (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. 1215. 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 article and rules promulgated under this article.
Sec. 1217. (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 1237(3).
Sec. 1219. (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 article and rules promulgated under this article.
(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. 1221. (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 article and the rules promulgated under this
article 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. 1223. (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. 1225. 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. 1227. 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. 1229. (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 article and rules promulgated under this
article.
(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 article and any rules
promulgated by the department under this article, 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 article.
Sec. 1231. (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. 1233. 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. 1235. 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.
Sec. 1237. (1) The department shall promulgate rules to
establish the fees for certificates of occupancy and elevator
inspections. The fees shall reflect the actual costs and expenses
of the department in issuing certificates of occupancy and
conducting elevator inspections. The fees in effect on the day
immediately preceding the effective date of this article shall
continue in effect until the department promulgates rules under
this subsection.
(2) If a license issued under this article is lost or
destroyed, the department shall issue a new license, without
examination, if a fee of $25.00 is paid and an application for a
new license is submitted, accompanied by a written statement made
by the licensee that the license was lost or destroyed.
(3) 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.
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 amendatory act takes effect 90 days
after the date it is enacted into law.