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.
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2. One member representing an elevator servicing business.
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3. One member representing an architectural design or elevator consulting
8profession.
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4. One member representing a labor organization whose members are involved
10in the installation, maintenance, and repair of elevators.
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5. One member representing a city, village, town, or county in this state.
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6. One member representing an owner or manager of a building in this state
13containing an elevator.
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7. One member representing the public.
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8. The secretary of commerce, or his or her designee.
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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:
AB447,7,2321
(a) "Belt manlift" means a power-driven, looped belt equipped with steps or
22platforms and a hand hold for the transportation of people from one floor of a building
23or structure to another.
AB447,8,324
(b) "Conveyance" means an elevator, escalator, dumbwaiter, belt manlift,
25moving walkway, platform lift, and stairway chair lift, and any other similar device,
1such as an automated people mover, used to elevate or move people or things, as
2provided in the rules of the department. "Conveyance" does not include a grain
3elevator.
AB447,8,54
(c) "Dumbwaiter" means a hoisting and lowering mechanism that satisfies all
5of the following conditions:
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1. Is equipped with a compartment that moves in guides in a substantially
7vertical direction and has a floor area of not more than 9 square feet.
AB447,8,88
2. Has a maximum lifting and lowering capacity of not more than 500 pounds.
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3. Is used exclusively for carrying materials
AB447,8,1210
(d) "Elevator" means a hoisting or lowering machine, other than a dumbwaiter,
11equipped with a compartment or platform that moves in guides and serves 2 or more
12floors or landings of a building or structure.
AB447,8,1413
(e) "Escalator" means a power-driven, moving stairway used for raising and
14lowering people.
AB447,8,21
15(2) The department shall promulgate rules establishing additional definitions
16to the extent the department deems necessary for the proper administration and
17enforcement of this subchapter. The department, by rule, may modify definitions
18established under sub. (1). To the extent practicable, the department shall ensure
19that any definitions or modifications promulgated under this subsection are
20consistent with national, industry-wide safety standards governing matters
21regulated by this subchapter.
AB447,9,10
22101.982 Conveyance safety code. The department shall promulgate rules
23establishing standards for the safe installation and operation of conveyances. In
24promulgating rules under this section the department shall consider the
25recommendations of the conveyance safety code council under s. 101.986. The rules
1shall be consistent, to the extent practicable, with national, industry-wide safety
2standards applicable to conveyances. The rules shall require any testing of
3conveyances or related equipment required under the rules to be performed by an
4elevator mechanic licensed under s. 101.985 (2). The rules shall require any person
5who installs a new conveyance to give the owner of the building in which the
6conveyance is installed, before the conveyance is placed in operation, a written
7certification indicating that the installation complies with the rules promulgated
8under this section. The rules shall include an enforcement procedure and a
9procedure pursuant to which the department may grant a variance from the rules
10if the variance would not jeopardize public safety.
AB447,9,15
11101.983 Conveyance permits required.
(1) Construction, installation,
12and alteration. (a)
Permit required. No person may construct, install, or alter a
13conveyance in this state unless an elevator contractor licensed by the department
14under s. 101.985 (1) has received a permit for the construction, installation, or
15alteration from the department.
AB447,9,2516
(b)
Application. A person applying for a permit under par. (a) shall include,
17along with the application, copies of specifications and accurately scaled and fully
18dimensioned plans showing the location of the construction, installation, or
19alteration in relation to the plans and elevation of the building; the location of the
20applicable machinery room, if any, and the equipment to be constructed, installed,
21or altered; and all structural supporting members relevant to the construction,
22installation, or alteration, including foundations. The specifications and plans shall
23be sufficiently complete to illustrate all details of design and construction,
24installation, or alteration. The application shall specify all materials to be used and
25all loads to be supported or conveyed. The department may authorize a person to
1include the application and other information required under this paragraph with
2any submission required under s. 101.12 (1) to avoid duplicative filing of information.
AB447,10,43
(c)
Revocation. The department may revoke a permit issued under this
4subsection if the department finds any of the following:
AB447,10,65
1. That information submitted under par. (b) by the person obtaining the
6permit contains false statements or misrepresentations of material fact.
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2. That the permit was issued in error.
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3. That the work performed under the permit is not consistent with information
9submitted under par. (b) by the person obtaining the permit or is in violation of this
10subchapter or rules promulgated under this subchapter.
AB447,10,1211
(d)
Expiration. A permit issued under this subsection expires under any of the
12following circumstances:
AB447,10,1513
1. If the work authorized under the permit is not commenced within 6 months
14after the date on which the permit is issued, or within a shorter period of time as
15specified by the department at the time the permit is issued.
AB447,10,1816
2. If the work authorized under the permit is suspended or abandoned for 60
17consecutive days at any time following the commencement of the work, or for a
18shorter period of time as specified by the department at the time the permit is issued.
AB447,10,23
19(2) Operation. (a)
Permit required. No person may allow a conveyance to be
20operated on property owned by the person unless the person has received a permit
21for the operation from the department. The department may not issue a permit
22required under this paragraph until all inspections required under par. (c) are
23completed.
AB447,11,224
(b)
Application. For a newly installed conveyance, the elevator contractor that
25contracted to perform the installation shall apply for the initial permit required
1under par. (a) on behalf of the owner of the building in which the conveyance is
2located. Applications for renewal of the permit shall be made by the owner.
AB447,11,173
(c)
Inspections. The department may not issue or renew a permit under this
4subsection unless the department has received an inspection report for the
5conveyance issued by an elevator inspector licensed under s. 101.985 (3) indicating
6that the conveyance complies with this subchapter and any applicable rules
7promulgated under this subchapter. Upon request of the owner of a private residence
8containing a newly installed platform lift, stairway chair lift, or residential lift or of
9the new owner of a private residence containing a previously installed platform lift,
10stairway chair lift, or residential lift, the department shall inspect the lift or
11equipment for compliance with this subchapter and any applicable rules
12promulgated under this subchapter. This inspection by the department does not
13exempt the owner from the requirement to ensure that the department receives an
14inspection report from a licensed elevator inspector. Upon performing this
15inspection, the department shall give the owner notice of relevant conveyance safety
16requirements and shall instruct the owner as to the procedure for obtaining periodic
17inspections and renewing the permit under which the lift or equipment is operated.
AB447,11,2418
(d)
Term and posting requirements. A permit issued under this subsection has
19a term of one year, except that a permit applicable to a platform lift, stairway chair
20lift, or residential lift in a private residence is valid until ownership of the private
21residence is transferred, at which time the new owner shall apply for renewal of the
22permit under par. (b). The owner of the building or residence in which a conveyance
23is located shall display the permit under par. (a) applicable to the conveyance on or
24in the conveyance or, if applicable, in the machinery room.
AB447,12,4
1101.984 Licenses and supervision required. (1) Elevator contractor. 2No person may engage in the business of constructing, installing, altering, servicing,
3replacing, or maintaining conveyances in this state unless the person is licensed as
4an elevator contractor under s. 101.985 (1).
AB447,12,9
5(2) Elevator mechanic. (a)
Generally. Except as provided in par. (c), no
6individual may erect, construct, alter, replace, maintain, repair, remove, or
7dismantle any conveyance in this state unless the individual is licensed as an
8elevator mechanic under s. 101.985 (2) and is or is under the direct supervision of a
9person licensed as an elevator contractor under s. 101.985 (1).
AB447,12,1310
(b)
Electrical construction. No individual may wire any conveyance in this
11state from the mainline feeder terminals on the controller unless the individual is
12licensed as an elevator mechanic under s. 101.985 (2) and is or is under the direct
13supervision of a person licensed as an elevator contractor under s. 101.985 (1).
AB447,12,1714
(c)
Exceptions. 1. Paragraph (a) does not apply to an individual who removes
15or dismantles a conveyance that is destroyed as a result of a complete demolition of
16a building or where the hoistway or wellway is demolished back to the basic support
17structure such that the hoistway or wellway is inaccessible.
AB447,12,1818
2. Paragraphs (a) and (b) do not apply to any of the following:
AB447,12,2119
a. An individual who is enrolled in and performing tasks that are within the
20scope of an elevator mechanic's apprenticeship program that is approved by the
21department of commerce and by the department of workforce development.