AB447: Bill Text

AB447, s. 5 Section 5. 101.19 (1) (k) of the statutes is created to read:

AB447,6,19 101.19 (1) (k) Administering subch. VII, except that the department may not charge a fee for an emergency elevator mechanic's license under s. 101.985 (2) (b) 2. or a conveyance operation permit under s. 101.983 (2) for a platform lift, stairway chair lift, or any other lift in a private residence.

AB447, s. 6 Section 6. 101.82 (1) of the statutes is amended to read:

AB447,7,4 101.82 (1) Adopt rules for the construction and inspection of electrical construction of public buildings and places of employment and for the inspection of electrical construction of places where farming, as defined in s. 101.01 (11), is conducted. Where feasible, the standards used shall be those nationally recognized. No rule may be adopted promulgated under this subsection which does not take into account the conservation of energy in construction and maintenance of buildings. No rule may be promulgated under this subsection governing the wiring of any conveyance, as defined under s. 101.981 (1) (b), from the mainline feeder terminals on the controller.

AB447, s. 7 Section 7. 101.86 (1) (a) of the statutes is amended to read:

AB447,7,12 101.86 (1) (a) Exercise jurisdiction over electrical construction and inspection of electrical construction in public buildings and places of employment by passage of ordinances, providing such ordinances meet the minimum requirements of the department's rules adopted under this subchapter. A county ordinance shall apply in any city, village or town which has not enacted such an ordinance. No municipality may exercise jurisdiction over the wiring of any conveyance, as defined under s. 101.981 (1) (b), from the mainline feeder terminals on the controller.

AB447, s. 8 Section 8. Subchapter VII of chapter 101 [precedes 101.981] of the statutes is created to read:

AB447,7,15 chapter 101

AB447,7,16 Subchapter VII

AB447,7,18 elevators, escalators, and other conveyances

AB447,7,20 101.981 Definitions; modification by rule. (1) Except as provided in sub. (2), in this subchapter:

AB447,7,23 (a) "Belt manlift" means a power-driven, looped belt equipped with steps or platforms and a hand hold for the transportation of people from one floor of a building or structure to another.

AB447,8,3 (b) "Conveyance" means an elevator, escalator, dumbwaiter, belt manlift, moving walkway, platform lift, and stairway chair lift, and any other similar device, such as an automated people mover, used to elevate or move people or things, as provided in the rules of the department. "Conveyance" does not include a grain elevator.

AB447,8,5 (c) "Dumbwaiter" means a hoisting and lowering mechanism that satisfies all of the following conditions:

AB447,8,7 1. Is equipped with a compartment that moves in guides in a substantially vertical direction and has a floor area of not more than 9 square feet.

AB447,8,8 2. Has a maximum lifting and lowering capacity of not more than 500 pounds.

AB447,8,9 3. Is used exclusively for carrying materials

AB447,8,12 (d) "Elevator" means a hoisting or lowering machine, other than a dumbwaiter, equipped with a compartment or platform that moves in guides and serves 2 or more floors or landings of a building or structure.

AB447,8,14 (e) "Escalator" means a power-driven, moving stairway used for raising and lowering people.

AB447,8,21 (2) The department shall promulgate rules establishing additional definitions to the extent the department deems necessary for the proper administration and enforcement of this subchapter. The department, by rule, may modify definitions established under sub. (1). To the extent practicable, the department shall ensure that any definitions or modifications promulgated under this subsection are consistent with national, industry-wide safety standards governing matters regulated by this subchapter.

AB447,9,10 101.982 Conveyance safety code. The department shall promulgate rules establishing standards for the safe installation and operation of conveyances. In promulgating rules under this section the department shall consider the recommendations of the conveyance safety code council under s. 101.986. The rules shall be consistent, to the extent practicable, with national, industry-wide safety standards applicable to conveyances. The rules shall require any testing of conveyances or related equipment required under the rules to be performed by an elevator mechanic licensed under s. 101.985 (2). The rules shall require any person who installs a new conveyance to give the owner of the building in which the conveyance is installed, before the conveyance is placed in operation, a written certification indicating that the installation complies with the rules promulgated under this section. The rules shall include an enforcement procedure and a procedure pursuant to which the department may grant a variance from the rules if the variance would not jeopardize public safety.

AB447,9,15 101.983 Conveyance permits required. (1) Construction, installation, and alteration. (a) Permit required. No person may construct, install, or alter a conveyance in this state unless an elevator contractor licensed by the department under s. 101.985 (1) has received a permit for the construction, installation, or alteration from the department.

AB447,9,25 (b) Application. A person applying for a permit under par. (a) shall include, along with the application, copies of specifications and accurately scaled and fully dimensioned plans showing the location of the construction, installation, or alteration in relation to the plans and elevation of the building; the location of the applicable machinery room, if any, and the equipment to be constructed, installed, or altered; and all structural supporting members relevant to the construction, installation, or alteration, including foundations. The specifications and plans shall be sufficiently complete to illustrate all details of design and construction, installation, or alteration. The application shall specify all materials to be used and all loads to be supported or conveyed. The department may authorize a person to include the application and other information required under this paragraph with any submission required under s. 101.12 (1) to avoid duplicative filing of information.

AB447,10,4 (c) Revocation. The department may revoke a permit issued under this subsection if the department finds any of the following:

AB447,10,6 1. That information submitted under par. (b) by the person obtaining the permit contains false statements or misrepresentations of material fact.

AB447,10,7 2. That the permit was issued in error.

AB447,10,10 3. That the work performed under the permit is not consistent with information submitted under par. (b) by the person obtaining the permit or is in violation of this subchapter or rules promulgated under this subchapter.

AB447,10,12 (d) Expiration. A permit issued under this subsection expires under any of the following circumstances:

AB447,10,15 1. If the work authorized under the permit is not commenced within 6 months after the date on which the permit is issued, or within a shorter period of time as specified by the department at the time the permit is issued.

AB447,10,18 2. If the work authorized under the permit is suspended or abandoned for 60 consecutive days at any time following the commencement of the work, or for a shorter period of time as specified by the department at the time the permit is issued.

AB447,10,23 (2) Operation. (a) Permit required. No person may allow a conveyance to be operated on property owned by the person unless the person has received a permit for the operation from the department. The department may not issue a permit required under this paragraph until all inspections required under par. (c) are completed.

AB447,11,2 (b) Application. For a newly installed conveyance, the elevator contractor that contracted to perform the installation shall apply for the initial permit required under par. (a) on behalf of the owner of the building in which the conveyance is located. Applications for renewal of the permit shall be made by the owner.

AB447,11,17 (c) Inspections. The department may not issue or renew a permit under this subsection unless the department has received an inspection report for the conveyance issued by an elevator inspector licensed under s. 101.985 (3) indicating that the conveyance complies with this subchapter and any applicable rules promulgated under this subchapter. Upon request of the owner of a private residence containing a newly installed platform lift, stairway chair lift, or residential lift or of the new owner of a private residence containing a previously installed platform lift, stairway chair lift, or residential lift, the department shall inspect the lift or equipment for compliance with this subchapter and any applicable rules promulgated under this subchapter. This inspection by the department does not exempt the owner from the requirement to ensure that the department receives an inspection report from a licensed elevator inspector. Upon performing this inspection, the department shall give the owner notice of relevant conveyance safety requirements and shall instruct the owner as to the procedure for obtaining periodic inspections and renewing the permit under which the lift or equipment is operated.

AB447,11,24 (d) Term and posting requirements. A permit issued under this subsection has a term of one year, except that a permit applicable to a platform lift, stairway chair lift, or residential lift in a private residence is valid until ownership of the private residence is transferred, at which time the new owner shall apply for renewal of the permit under par. (b). The owner of the building or residence in which a conveyance is located shall display the permit under par. (a) applicable to the conveyance on or in the conveyance or, if applicable, in the machinery room.

AB447,12,4 101.984 Licenses and supervision required. (1) Elevator contractor. No person may engage in the business of constructing, installing, altering, servicing, replacing, or maintaining conveyances in this state unless the person is licensed as an elevator contractor under s. 101.985 (1).

AB447,12,9 (2) Elevator mechanic. (a) Generally. Except as provided in par. (c), no individual may erect, construct, alter, replace, maintain, repair, remove, or dismantle any conveyance in this state unless the individual is licensed as an elevator mechanic under s. 101.985 (2) and is or is under the direct supervision of a person licensed as an elevator contractor under s. 101.985 (1).

AB447,12,13 (b) Electrical construction. No individual may wire any conveyance in this state from the mainline feeder terminals on the controller unless the individual is licensed as an elevator mechanic under s. 101.985 (2) and is or is under the direct supervision of a person licensed as an elevator contractor under s. 101.985 (1).

AB447,12,17 (c) Exceptions. 1. Paragraph (a) does not apply to an individual who removes or dismantles a conveyance that is destroyed as a result of a complete demolition of a building or where the hoistway or wellway is demolished back to the basic support structure such that the hoistway or wellway is inaccessible.

AB447,12,18 2. Paragraphs (a) and (b) do not apply to any of the following:

AB447,12,21 a. An individual who is enrolled in and performing tasks that are within the scope of an elevator mechanic's apprenticeship program that is approved by the department of commerce and by the department of workforce development.

AB447,12,23 b. An individual performing tasks under the direct supervision of and as a helper to an individual licensed as an elevator mechanic under s. 101.985 (2).

AB447,13,3 c. An individual who performs work described under par. (a) or (b) during the 5-day period preceding the date on which the individual applies for and receives an emergency elevator contractor's license under s. 101.985 (2) (b) 2.

AB447,13,7 (3) Elevator inspector. No individual may perform an elevator inspection in this state unless the individual is licensed as an elevator inspector under s. 101.985 (3) and holds a certification as an elevator inspector issued by a person approved by the American Society of Mechanical Engineers.

AB447,13,23 101.985 Licensing qualifications and procedure. (1) Elevator contractor. Except as otherwise provided in this subsection, the department may issue an elevator contractor's license only to a person who demonstrates to the satisfaction of the department that the person is adequately qualified and able to engage in business as an elevator contractor. The department may summarily issue an elevator contractor's license to a person who is licensed as an elevator contractor under the laws of another state, if, in the opinion of the department, that state's regulation of elevator contractors is substantially the same as this state's. Every person who applies for a license under this subsection shall provide the department with a certificate of insurance issued by one or more insurers authorized to do business in this state, indicating that the person is insured in the amount of at least $1,000,000 per occurrence because of bodily injury to or death of others, is insured in the amount of at least $500,000 per occurrence because of damage to the property of others, and is insured to the extent required under ch. 102. A person who is issued a license under this subsection shall notify the department in writing of any material change in these insurance coverages at least 10 days before the change takes effect.

AB447,14,3 (2) Elevator mechanic. (a) Except as provided in par. (b), the department may issue an elevator mechanic's license only to an individual who satisfies all of the following:

AB447,14,5 1. Demonstrates to the satisfaction of the department that the person is adequately qualified and able to perform the work of an elevator mechanic.

AB447,14,9 2. During the 3 years preceding the date of application, was continuously employed in a position requiring the individual to perform work relevant to the erection, construction, alteration, replacement, maintenance, repair, removal, or dismantling of conveyances, as verified by the individual's employers.

AB447,14,14 3. Satisfactorily completes a written examination administered by the department covering the provisions of this subchapter and rules promulgated under this subchapter relevant to the license applied for or satisfactorily completes an elevator mechanic's examination approved by the department and administered by a nationally recognized training program established by the elevator industry.

AB447,14,17 4. Satisfactorily completes an elevator mechanic's apprenticeship program that is approved by the department of commerce and the department of workforce development.

AB447,14,22 (b) 1. Paragraph (a) does not apply to an individual who is licensed as an elevator mechanic under the laws of another state, if, in the opinion of the department, that state's regulation of elevator mechanics is substantially the same as this state's. The department may summarily issue an elevator mechanic's license to such an individual.

AB447,15,11 2. If an emergency exists in this state due to disaster or work stoppage and the number of licensed elevator mechanics working in the area of the emergency is insufficient to cope with the emergency, the department may summarily issue an emergency elevator mechanic's license to any individual who is certified by an elevator contractor licensed under this subchapter as adequately qualified and able to perform the work of an elevator mechanic without direct and immediate supervision, who the department determines is so qualified and able, and who applies for an emergency elevator mechanic's license on a form prescribed by the department. An emergency elevator mechanic's license has a term of 30 days and may be renewed by the department in the case of a continuing emergency. The department shall specify on an emergency elevator mechanic's license the geographic area in which the licensee may provide services under the license. Paragraph (a) does not apply to an individual who applies for an emergency elevator mechanic's license.

AB447,15,24 3. If there are no elevator mechanics licensed under this subchapter available to provide services contracted for by an elevator contractor licensed under this subchapter, the elevator contractor may notify the department and request the issuance of a temporary elevator mechanic's license to any individual who is certified by the elevator contractor as adequately qualified and able to perform the work of an elevator mechanic without direct and immediate supervision and who applies for a temporary elevator mechanic's license on a form prescribed by the department. A temporary elevator mechanic's license has a term of 30 days and may be renewed by the department in the case of a continuing shortage of licensed elevator mechanics. The department shall specify on a temporary elevator mechanic's license the elevator contractor in whose employ the licensee must remain to provide services under the temporary elevator mechanic's license. Paragraph (a) does not apply to an individual who applies for a temporary elevator mechanic's license.

AB447,16,12 (3) Elevator inspector. The department may issue an elevator inspector's license only to an individual who demonstrates to the satisfaction of the department that the individual is adequately qualified and able to provide elevator inspection services. Every individual who applies for a license under this subsection shall provide the department with a certificate of insurance issued by one or more insurers authorized to do business in this state, indicating that the individual is insured in the amount of at least $1,000,000 per occurrence because of bodily injury to or death of others, is insured in the amount of at least $500,000 per occurrence because of damage to the property of others, and is insured to the extent required under ch. 102. An individual who is issued a license under this subsection shall notify the department in writing of any material change in these insurance coverages at least 10 days before the change takes effect.

AB447,16,18 (4) Criminal background check. Upon receipt of an application for a license under sub. (1), (2) (a), or (3), the department, with the assistance of the department of justice, shall conduct a background investigation of the applicant to determine if the information provided by the applicant under sub. (7) (f) is true and if applicant has any arrests or convictions tending to indicate that the applicant is not adequately qualified and able to provide services authorized under the license applied for.

AB447,16,24 (5) Issuance, term, renewal, and continuing education. (a) Issuance and term. Except as provided under s. 101.02 (20) (b) and (21) (b), the department shall issue a license to any applicant who satisfies the applicable requirements of subs. (1) to (3) and the rules of the department and who pays any applicable fee required by rule of the department under s. 101.19 (1) (k). Except as provided under sub. (2) (b) 2. and 3., the term of each license is 2 years.

AB447,17,9 (b) Renewal and continuing education. 1. Except as otherwise provided in this subdivision and subd. 3., an applicant for renewal of a license under sub. (1) shall provide to the department a certificate indicating that, during the one-year period before the date on which the applicant's license expires, the applicant satisfactorily completed at least 8 hours of education from a program certified under subd. 4. or provided instruction for a program certified under subd. 4. If the applicant is not an individual, the certificate shall indicate that the education was satisfactorily completed or instruction was provided by an individual who, as of the date of the application, is an agent of the applicant.

AB447,17,15 2. Except as provided in subd. 3., an applicant for renewal of a license under sub. (2) (a) or (b) 1. or (3) shall provide to the department a certificate indicating that, during the one-year period before the date on which the applicant's license expires, the applicant satisfactorily completed at least 8 hours of education from a program certified under subd. 4. or provided instruction for a program certified under subd. 4.

AB447,18,5 3. An applicant for renewal of a license under sub. (1), (2) (a) or (b) 1., or (3), may apply to the department for a waiver of the requirements of subd. 1 or 2., as appropriate, on the grounds of temporary disability. An applicant applying for a waiver under this subdivision shall provide the department with a statement signed by a physician licensed to practice medicine in this state attesting to the temporary disability. The department shall consider each application for a waiver under this subdivision individually on its merits and may grant a waiver for any meritorious application. Any person granted a waiver under this subdivision shall, upon termination of the disability, provide the department with a statement signed by a physician licensed to practice medicine in this state attesting to the termination of the disability. A waiver granted under this subdivision is valid until the 90th day following the date on which the department receives the physician's statement attesting to the termination of the disability, unless the department determines that a different expiration date is appropriate due to the applicant's failure to provide the physician's statement.

AB447,18,17 4. The department shall certify educational programs that may be used to satisfy subd. 1. or 2. Each program shall be designed to educate attendees as to the provisions of this subchapter and rules promulgated by the department under this subchapter. The department shall prescribe an application form for use by an educational program desiring certification under this subdivision. Each educational program making an application shall submit a list of instructors, together with an explanation of each instructor's credentials and any other information required by the department. Each educational program certified under this subdivision shall keep records of attendance for 10 years and shall make the records available to the department for inspection. The department may revoke the certification of any educational program that falsifies or knowingly allows another to falsify records of attendance or certificates of completion.

AB447,18,19 (6) Revocation and suspension. The department may revoke or suspend a license under subs. (1) to (3) if the department finds any of the following:

AB447,18,21 (a) That the licensee made a false statement of material fact in an application submitted to the department.

AB447,18,22 (b) That the license was obtained by fraud, misrepresentation, or bribery.

AB447,18,25 (c) That the licensee failed to notify the department and the owner or lessee of a conveyance that the conveyance failed to meet the requirements of this subchapter or rules promulgated under this subchapter.

AB447,19,2 (d) That the licensee violated this subchapter or any rule promulgated under this subchapter.

AB447,19,5 (7) Application. Each application for a license under subs. (1) to (3) shall be made on a form prescribed by the department and each application for a license under sub. (1), (2) (a), or (3) shall contain at least the following information:

AB447,19,6 (a) Names and addresses.

AB447,19,8 1. If the applicant is an individual, the applicant's name and residential address.

AB447,19,10 2. If the applicant is a sole proprietorship, the applicant's name and residential and business addresses.

AB447,19,12 3. If the applicant is a partnership, the name and business address of the partnership and the names and residential addresses of each partner.

AB447,19,16 4. If the applicant is a corporation, the name and principal business address of the corporation, the name and address of the corporation's registered agent for service of process, and the name and residential address of the principal officer of the corporation.

AB447,19,20 5. If the applicant is a limited liability company, the name and principal business address of the limited liability company, the name and address of the limited liability company's registered agent for service of process, and the name and residential address of each member of the limited liability company.

AB447,19,22 (b) Experience. The number of years the applicant has performed work or engaged in the business to be authorized under the license.

AB447,19,24 (c) Employment. If the application is for an elevator contractor's license, the approximate number of individuals, if any, the applicant will employ upon licensure.

AB447,20,4 (d) Use of licensed elevator mechanics. If the application is for an elevator contractor's license, a certification that all work described in s. 101.984 (2) (a) and (b) that the person will contract to perform under the license will be performed by elevator mechanics licensed under sub. (2).

AB447,20,6 (e) Proof of insurance. Satisfactory evidence that the applicant is or, upon licensure, will be insured to the extent required under sub. (1) or (3).

AB447,20,8 (f) Criminal history. A description of each of the applicant's criminal arrests and convictions, if any.

AB447,20,15 101.986 Conveyance safety code council duties. The conveyance safety code council shall review this subchapter and rules promulgated under this subchapter and recommend a statewide conveyance safety code for promulgation by the department. The council shall consider and make recommendations to the department pertaining to rules for the enforcement of this subchapter, the granting of variances, administrative appeal procedures, fees, and any other matter under this subchapter.

AB447,20,19 101.987 Local government authority. (1) Authority limited. No city, village, town, or county may enact an ordinance or adopt a resolution regulating a matter specifically governed by this subchapter or by a rule promulgated under this subchapter.

AB447,20,23 (2) Retroactive effect. If a city, village, town, or county has in effect on the effective date of this subsection .... [revisor inserts date], an ordinance or resolution that is inconsistent with sub. (1), the ordinance or resolution does not apply and may not be enforced.

AB447,21,3 101.988 Enforcement and penalties. (1) Investigations. (a) Initiated by department. The department may perform investigations to aid in the enforcement of this subchapter and rules promulgated under this subchapter.

AB447,21,16 (b) Initiated by public. Any person may file a written notice with the department, requesting the department to investigate an alleged violation of this subchapter or rules promulgated under this subchapter or a dangerous condition involving a conveyance. The notice shall set forth the specific grounds for the request and shall be signed by the person filing the notice. Upon request of the person filing the notice, the department shall keep the person's name confidential and shall withhold the name from public inspection under s. 19.35 (1), except that the department may disclose the name to a law enforcement officer for official purposes. If the department determines that there are reasonable grounds to believe that the alleged violation or dangerous condition exists, the department shall investigate to determine if the alleged violation or dangerous condition exists. If the department determines that there are no such reasonable grounds, the department shall notify the person filing the notice.

AB447,21,18 (2) Orders of the department. The department may issue orders to enforce this subchapter and rules promulgated under this subchapter.

AB447,21,23 (3) Penalties. Any person who violates this subchapter or rules promulgated under this subchapter may be fined not more than $1,500 or imprisoned for not more than 30 days or both, except that, notwithstanding s. 939.61 (1), the owner of a private residence in which a conveyance is located may not be fined or required to pay a forfeiture to this state as a result of any violation involving that conveyance.

AB447, s. 9 Section 9 . Nonstatutory provisions.

AB447,22,6 (1) Submission of proposed rules. No later than the first day of the 9th month beginning after the effective date of this subsection, the department of commerce shall submit in proposed form the rules governing subchapter VII of chapter 101 of the statutes, as created by this act, and the fees permitted under section 101.19 (1) (k) of the statutes, as created by this act, to the legislative council staff under section 227.15 (1) of the statutes.

AB447,22,14 (2) Effect on collective bargaining agreements. If a person is affected by a collective bargaining agreement that is in effect on the effective date of this subsection and that contains provisions that are inconsistent with subchapter VII of chapter 101 of the statutes, as created by this act, then, notwithstanding subchapter VII of chapter 101 of the statutes, as created by this act, the person may perform its obligations, and exercise its rights, under those provisions of the collective bargaining agreement until the collective bargaining agreement expires or is extended, modified, or renewed, whichever occurs first.

AB447,22,23 (3) Initial members of conveyance safety code council. Notwithstanding the length of terms specified for the conveyance safety code council under section 15.157 (13) (a) of the statutes, as created by this act, the initial members appointed under section 15.157 (13) (a) 1. to 3. of the statutes, as created by this act, shall be appointed for terms that expire on July 1, 2007, the initial members appointed under section 15.157 (13) (a) 4. and 5. of the statutes, as created by this act, shall be appointed for terms that expire on July 1, 2008, and the initial members appointed under section 15.157 (13) (a) 6. and 7., as created by this act, shall be appointed for terms that expire on July 1, 2009.

AB447,23,7 (4) Grace period for obtaining permit to operate existing conveyances. Notwithstanding section 101.983 (2) of the statutes, as created by this act, the owner or lessee of any conveyance, as defined in section 101.981 (1) (b) of the statutes, as created by this act, in operation on the effective date of this subsection shall obtain the permit required under section 101.983 (2) of the statutes, as created by this act, no later than the first day of the 6th month beginning after the effective date of this subsection. This subsection does not apply to any person required to obtain a permit under rules of the department of commerce that are in effect before the effective date of this subsection.

AB447,23,19 (5) Grandfather provision: elevator mechanic's license. Any individual who, during the 3-year period before the effective date of this subsection, performed primarily work described under section 101.984 (2) (a) or (b) of the statutes, as created by this act, within the scope of his or her employment, may apply to the department of commerce for an elevator mechanic's license during the 12-month period beginning on the effective date of this subsection. The department shall prescribe an application form for use under this subsection, requiring any information that the department deems relevant. Notwithstanding section 101.985 (2) and (5) (a) of the statutes, as created by this act, the department shall issue an elevator mechanic's license to any such individual who, in the opinion of the department, is adequately qualified and able to perform the work of an elevator mechanic. The term of each license issued under this subsection is 2 years.