LRB-2083/2
MGG:cjs:rs
2005 - 2006 LEGISLATURE
June 1, 2005 - Introduced by Representatives Honadel, Sheridan, Albers, J.
Fitzgerald, Hines, Lamb, Lehman, Lothian, Nischke, Ott, Rhoades, Suder,
Towns, Van Roy, Vos, Vrakas, Wood and Zepnick, cosponsored by Senators
Stepp, Plale, Kanavas and Olsen. Referred to Committee on State Affairs.
AB447,1,5
1An Act to amend 101.02 (20) (a), 101.02 (21) (a), 101.19 (1) (b), 101.82 (1) and
2101.86 (1) (a); and
to create 15.157 (13), 101.19 (1) (k) and subchapter VII of
3chapter 101 [precedes 101.981] of the statutes;
relating to: regulating
4elevators, escalators, and other similar conveyances, granting rule-making
5authority, and providing a penalty.
Analysis by the Legislative Reference Bureau
With certain exceptions, current law requires the Department of Commerce
(department) to establish reasonable standards or rules for the construction, repair,
and maintenance of places of employment and public buildings so as to render them
safe. Current law also requires all machines and mechanical devices installed in
places of employment and public buildings to be in conformity with the orders of the
department. In addition, with certain exceptions, the department must approve the
essential drawings, calculations, and specifications (building plans) for the
construction of places of employment and public buildings, including building plans
related to elevators, escalators, ski lift and towing devices, and power dumbwaiters.
Pursuant to these requirements, the department has promulgated a chapter of rules
governing, among other things, the installation, inspection, maintenance, and repair
of elevators and other conveyances.
This bill creates a subchapter of the statutes specifically governing elevators
and other conveyances. Major provisions of this bill include:
Conveyance safety code
The bill requires the department to promulgate rules establishing standards
for the safe installation and operation of conveyances. The bill defines a conveyance
to be an elevator, escalator, dumbwaiter, belt manlift, moving walkway, platform lift,
stairway chair lift, or any other similar device used to elevate or move people or
things, as provided in the rules of the department. The definition excludes grain
elevators. The bill requires the department, in promulgating these rules, to consider
the recommendations of the Conveyance Safety Code Council, which is established
under the bill. The rules must satisfy all of the following:
1. They must be consistent, to the extent practicable, with national,
industry-wide safety standards applicable to conveyances.
2. They must require any testing of conveyances or related equipment required
under the rules to be performed by an elevator mechanic licensed by the department
under the bill.
3. They must 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.
4. They must 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.
Conveyance permits
Under the bill, no person may construct, install, or alter a conveyance in this
state unless an elevator contractor licensed by the department has received a permit
for the construction, installation, or alteration from the department. With certain
exceptions, such a permit expires if work is not commenced under the permit within
six months after the date the permit was issued. The bill also contains provisions
relating to applications for and revocations of these permits.
Under the bill, 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 for the operation of a
conveyance until the conveyance passes an inspection by an elevator inspector
licensed by the department. The term of such a permit is 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 must apply for renewal of the permit.
Licensing of elevator contractors, mechanics, and inspectors
With certain exceptions, this bill requires any person engaging in the business
of constructing, installing, altering, servicing, replacing, or maintaining
conveyances in this state to be licensed by the department as an elevator contractor.
In addition, with certain exceptions, the bill requires any person who erects,
constructs, alters, replaces, maintains, repairs, removes, or dismantles any
conveyance in this state to be licensed by the department as an elevator mechanic
and to be under the direct supervision of a licensed elevator contractor. Any person
who performs elevator inspections in this state must likewise be licensed by the
department as an elevator inspector and must hold a certification as an elevator
inspector issued by a person approved by the American Society of Mechanical
Engineers. The bill requires an applicant for any of these licenses to undergo a
criminal background check. The term of these licenses under the bill is two years.
The bill also contains provisions relating to applications for and revocation and
suspension of these licenses. In addition, the bill establishes continuing education
requirements and other provisions relating to renewal of these licenses.
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, except that, in
certain circumstances, 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. Every person who applies for an elevator contractor's license
must 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 the
workers compensation laws.
With certain exceptions, the department may issue an elevator mechanic's
license only to an individual who satisfies all of the following:
1. Demonstrates to the satisfaction of the department that the person is
adequately qualified and able to perform the work of an elevator mechanic.
2. During the three 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.
3. Satisfactorily completes a written examination administered by the
department covering the provisions of the subchapter created in the bill and rules
promulgated under that 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.
4. Satisfactorily completes an elevator mechanic's apprenticeship program
that is approved by the Department of Commerce and the Department of Workforce
Development.
The bill contains three exceptions relating to an elevator mechanic's license.
First, the department may summarily issue an emergency elevator mechanic's
license 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. An emergency elevator mechanic's license
may be issued only to an individual who is certified by a licensed elevator contractor
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. Second, if there are no licensed elevator mechanics available to provide
services contracted for by a licensed elevator contractor, 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 contractor'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. Third, the department may
summarily issue an elevator mechanic's license 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 bill also contains a grandfather provision applicable to any individual who,
during the three-year period before the effective date of the subchapter created in
the bill, performed primarily the work of an elevator mechanic, within the scope of
his or her employment. Such an individual may apply to the department for an
elevator mechanic's license during the 12-month period beginning on the effective
date of the subchapter created in the bill. The department must 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 such license is two years.
Other provisions
Under the bill, no city, village, town, or county may enact an ordinance or adopt
a resolution regulating a matter specifically governed by the subchapter created in
the bill or by a rule promulgated under that subchapter. The bill also invalidates any
such ordinance that is in effect on the effective date of the new subchapter.
The bill requires the owner or lessee of any conveyance in operation on the
effective date of the new subchapter to obtain any required operating permit no later
than the first day of the 6th month beginning after the effective date of the new
subchapter. This requirement 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 the new subchapter.
Because this bill creates a new crime or revises a penalty for an existing crime,
the Joint Review Committee on Criminal Penalties may be requested to prepare a
report concerning the proposed penalty and the costs or savings that are likely to
result if the bill is enacted.
For further information see the state fiscal estimate, which will be printed as
an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB447, s. 1
1Section
1. 15.157 (13) of the statutes is created to read:
AB447,5,42
15.157
(13) Conveyance safety code council. (a) There is created in the
3department of commerce a conveyance safety code council consisting of the following
4members appointed for 3-year terms:
AB447,5,55
1. One member representing a manufacturer of elevators.
AB447,5,66
2. One member representing an elevator servicing business.
AB447,5,87
3. One member representing an architectural design or elevator consulting
8profession.
AB447,5,109
4. One member representing a labor organization whose members are involved
10in the installation, maintenance, and repair of elevators.
AB447,5,1111
5. One member representing a city, village, town, or county in this state.
AB447,5,1312
6. One member representing an owner or manager of a building in this state
13containing an elevator.
AB447,5,1414
7. One member representing the public.
AB447,5,1515
8. The secretary of commerce, or his or her designee.
AB447,5,1716
9. An employee of the department of commerce, designated by the secretary of
17commerce, who is familiar with commercial building inspections.
AB447,5,2018
(b) The council shall meet at least twice a year. An employee of the department
19of commerce designated by the secretary of commerce shall serve as nonvoting
20secretary of the council.
AB447, s. 2
21Section
2. 101.02 (20) (a) of the statutes is amended to read:
AB447,6,222
101.02
(20) (a) For purposes of this subsection, "license" means a license,
23permit or certificate of certification or registration issued by the department under
24ss. 101.09 (3) (c), 101.122 (2) (c), 101.143 (2) (g), 101.15 (2) (e), 101.17, 101.177 (4) (a),
25101.178 (2) or (3) (a), 101.63 (2) or (2m), 101.653, 101.73 (5) or (6), 101.82 (2), 101.87,
1101.935, 101.95, 101.951, 101.952,
101.985 (1) to (3), 145.02 (4), 145.035, 145.045,
2145.15, 145.16, 145.165, 145.17, 145.175, 145.18 or 167.10 (6m).
AB447, s. 3
3Section
3. 101.02 (21) (a) of the statutes is amended to read:
AB447,6,94
101.02
(21) (a) In this subsection, "license" means a license, permit or
5certificate of certification or registration issued by the department under s. 101.09
6(3) (c), 101.122 (2) (c), 101.143 (2) (g), 101.15 (2) (e), 101.17, 101.177 (4) (a), 101.178
7(2) or (3) (a), 101.63 (2), 101.653, 101.73 (5) or (6), 101.82 (2), 101.87, 101.935, 101.95,
8101.951, 101.952,
101.985 (1) to (3), 145.02 (4), 145.035, 145.045, 145.15, 145.16,
9145.165, 145.17, 145.175, 145.18 or 167.10 (6m).
AB447, s. 4
10Section
4. 101.19 (1) (b) of the statutes is amended to read:
AB447,6,1411
101.19
(1) (b) The required inspection of boilers, pressure vessels, refrigeration
12plants, liquefied petroleum gas vessels, anhydrous ammonia tanks and containers,
13elevators, ski towing and lift devices, escalators, dumbwaiters, and amusement or
14thrill rides but not of amusement attractions.
AB447, s. 5
15Section
5. 101.19 (1) (k) of the statutes is created to read:
AB447,6,1916
101.19
(1) (k) Administering subch. VII, except that the department may not
17charge a fee for an emergency elevator mechanic's license under s. 101.985 (2) (b) 2.
18or a conveyance operation permit under s. 101.983 (2) for a platform lift, stairway
19chair lift, or any other lift in a private residence.
AB447, s. 6
20Section
6. 101.82 (1) of the statutes is amended to read:
AB447,7,421
101.82
(1) Adopt rules for the construction and inspection of electrical
22construction of public buildings and places of employment and for the inspection of
23electrical construction of places where farming, as defined in s. 101.01 (11), is
24conducted. Where feasible, the standards used shall be those nationally recognized.
25No rule may be
adopted promulgated under this subsection which does not take into
1account the conservation of energy in construction and maintenance of buildings.
No
2rule may be promulgated under this subsection governing the wiring of any
3conveyance, as defined under s. 101.981 (1) (b), from the mainline feeder terminals
4on the controller.
AB447, s. 7
5Section
7. 101.86 (1) (a) of the statutes is amended to read:
AB447,7,126
101.86
(1) (a) Exercise jurisdiction over electrical construction and inspection
7of electrical construction in public buildings and places of employment by passage
8of ordinances, providing such ordinances meet the minimum requirements of the
9department's rules adopted under this subchapter. A county ordinance shall apply
10in any city, village or town which has not enacted such an ordinance.
No municipality
11may exercise jurisdiction over the wiring of any conveyance, as defined under s.
12101.981 (1) (b), from the mainline feeder terminals on the controller.
AB447, s. 8
13Section
8. Subchapter VII of chapter 101 [precedes 101.981] of the statutes
14is created to read:
AB447,7,1616
Subchapter VII
AB447,7,1817
elevators, escalators,
18
and other conveyances
AB447,7,20
19101.981 Definitions; modification by rule. (1) Except as provided in sub.
20(2), in this subchapter: