101.983 Note
Note: The cross-reference to sub. (2) (cm) was changed from sub. (2) (d) by the legislative reference bureau under s. 13.92 (1) (bm) 2. to reflect the renumbering under s. 13.92 (1) (bm) 2. of s. 101.983 (2) (d), as affected by
2013 Wis. Act 124, section
15.
101.983 History
History: 2005 a. 456;
2011 a. 32;
2013 a. 20,
124; s. 13.92 (1) (bm) 2.
101.984
101.984
Licenses and supervision required. 101.984(1)
(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).
101.984(2)(a)(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) or is under the direct supervision of a person licensed as an elevator contractor under
s. 101.985 (1).
101.984(2)(b)
(b)
Electrical construction. Except as provided in
par. (c), 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) or is under the direct supervision of a person licensed as an elevator contractor under
s. 101.985 (1).
101.984(2)(c)1.1. 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.
101.984(2)(c)2.a.
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 U.S. department of labor or by the department of workforce development.
101.984(2)(c)2.b.
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).
101.984(2)(c)2.c.
c. An individual who performs work described under
par. (a) or
(b) during the 5-day period preceding the date on which the individual is issued an emergency elevator mechanic's license under
s. 101.985 (2) (c).
101.984(3)
(3) Elevator inspector. No individual may perform an inspection of a conveyance in this state unless the individual is licensed as an elevator inspector under
s. 101.985 (3).
101.984 History
History: 2005 a. 456;
2013 a. 124.
101.985
101.985
Licensing qualifications and procedure. 101.985(1)(1)
Elevator contractor. Except as otherwise provided in this subsection, the department shall issue an elevator contractor's license to each 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.
101.985(2)(a)(a)
Issuance. The department shall issue an elevator mechanic's license to each individual who meets the requirements in either
par. (ab) or
(ad).
101.985(2)(ab)
(ab)
Requirements; apprenticeship and journeyman level. An individual is eligible for an elevator mechanic's license if he or she satisfactorily completes an elevator mechanic's apprenticeship program that is approved by the U.S. department of labor or by the department of workforce development or if he or she satisfies all of the following requirements:
101.985(2)(ab)2.
2. During the 3 years preceding the date of application, he or she was continuously employed in a position requiring the individual to perform work that is at a journeyman level and that is relevant to the erection, construction, alteration, replacement, maintenance, repair, or servicing of conveyances, as verified by the individual's employers.
101.985(2)(ab)3.
3. He or she satisfactorily completes a written examination administered by the department covering the provisions of this subchapter, and rules promulgated under this subchapter, that are 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.
101.985(2)(ad)1.1. An individual is eligible for an elevator mechanic's license if he or she satisfies all of the following requirements:
101.985(2)(ad)1.a.
a. He or she verifies to the department that he or she has been certified as having successfully completed a 4-year program established by the National Elevator Industry Educational Program or an equivalent nationally recognized 4-year training program that is approved by the department.
101.985(2)(ad)2.
2. In order to meet the requirement under
subd. 1. b. for an elevator mechanic's license, an individual applying for a license shall satisfy one of the following requirements:
101.985(2)(ad)2.a.
a. He or she verifies to the department that, during the 5 years immediately preceding the date of the license application, he or she was employed for at least 1,000 hours in each of the 5 years performing work described under
s. 101.984 (2) (a) or
(b).
101.985(2)(ad)2.b.
b. He or she verifies to the department that he or she has continuous experience in the elevator industry for at least 5 years immediately preceding the date of the license application in a capacity, other than in the capacity of preforming work described under
s. 101.984 (2) (a) or
(b), that has allowed him or her to remain familiar with elevator equipment, technology, and industry practices. This experience may include performing management activities for a company that engages in the sale, installation, repair, or maintenance of conveyances, being involved in elevator industry labor relations, or supervising elevator mechanics.
101.985(2)(ad)2.c.
c. He or she verifies to the department that he or she, during any 5 years preceding the date of the license application, was employed for at least 1,000 hours in each of those 5 years performing work that is relevant to the erection, construction, alteration, replacement, maintenance, repair, or servicing of conveyances and that this work included work described under
s. 101.984 (2) (a) or
(b). If the 5 years were not the 5 years immediately preceding the date of application, the applicant shall verify that this is due to the applicant's work being disrupted by high unemployment in the elevator industry, military service, illness, disability, or another factor beyond the applicant's control in order to meet the requirement under this
subd. 2. c.
101.985(2)(am)
(am)
Requirements for individuals with prior experience. The department shall promulgate rules that establish requirements for issuing an elevator mechanic's license to an individual who has performed work described under
s. 101.984 (2) (a) or
(b) within the scope of his or her employment before June 1, 2007, but who does not satisfy the requirements under
par. (ab) or
(ad) to be issued a license. The rules may contain a deadline before which an individual must apply for a license issued under this paragraph.
101.985(2)(b)
(b)
Licensing out-of-state mechanics. The requirements under
pars. (ab) and
(ad) do 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.
101.985(2)(c)
(c)
Emergency licensing. If the governor declares that a state of emergency exists in this state under
s. 323.10 and the department determines that the number of individuals in the state who hold an elevator mechanic's license issued by the department under this section on the date of the declaration is insufficient to cope with the emergency, the department shall 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 individual certified by a contractor under this paragraph may perform work as an elevator mechanic for up to a total of 5 days preceding the date the individual is issued the license. 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. The requirements under
pars. (ab) and
(ad) do not apply to an individual who applies for an emergency elevator mechanic's license.
101.985(2)(d)
(d)
Temporary licensing. 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. The requirements under
pars. (ab) and
(ad) do not apply to an individual who applies for a temporary elevator mechanic's license.
101.985(3)
(3) Elevator inspector. The department shall issue an elevator inspector license to each individual who demonstrates to the satisfaction of the department that the individual is adequately qualified and able to provide inspection services of conveyances as required under
s. 101.983 (2). The department shall promulgate rules that establish the qualifications required for issuance of an elevator inspector license.
101.985(4)
(4) Criminal background check. Upon receipt of an application for a license under
sub. (1),
(2) (ab) or
(ad), 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) (a) 10. is true and if the 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.
101.985(5)
(5) Issuance, term, renewal, and continuing education. 101.985(5)(a)(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 any rules promulgated under
subs. (1) to
(3) and who pays any applicable fee required by rule of the department under
s. 101.19 (1g) (k). Except as provided under
sub. (2) (c) and
(d), the term of each license is 2 years.
101.985(5)(b)1.1. An applicant for renewal of a license under
sub. (2) (ab),
(ad), or
(b), or
(3) shall provide to the department a certificate indicating that, during the term of the license, the applicant has satisfactorily met the education requirements established by rule under
subd. 2.
101.985(5)(b)2.
2. The department shall promulgate rules that establish the education requirements for purposes of
subd. 1. The rules shall include all of the following:
101.985(5)(b)2.c.
c. Criteria for receiving a waiver from the department of the education requirements.
101.985(6)
(6) Revocation and suspension. The department may revoke or suspend a license issued under
subs. (1) to
(3) if the department finds any of the following:
101.985(6)(a)
(a) That the licensee made a false statement of material fact in an application submitted to the department.
101.985(6)(b)
(b) That the license was obtained by fraud, misrepresentation, or bribery.
101.985(6)(c)
(c) That the licensee failed to notify the department and the owner or lessee of a conveyance that the conveyance failed to meet any of the requirements of this subchapter or of the rules promulgated under this subchapter.
101.985(6)(d)
(d) That the licensee violated this subchapter or any rule promulgated under this subchapter.
101.985(7)(a)(a) Each application for a license under
subs. (1),
(2) (ab) or
(ad), or
(3) shall be made on a form prescribed by the department, and each application shall contain at least the following information:
101.985(7)(a)1.
1. If the applicant is an individual, the applicant's name and residential address.
101.985(7)(a)2.
2. If the applicant is a sole proprietorship, the applicant's name and residential and business addresses.
101.985(7)(a)3.
3. If the applicant is a partnership, the name and business address of the partnership and the names and residential addresses of each partner.
101.985(7)(a)4.
4. If the applicant is a corporation, the name and principal business address of the corporation and the name and address of the corporation's registered agent for service of process.
101.985(7)(a)5.
5. If the applicant is a limited liability company, the name and principal business address of the limited liability company and the name and address of the limited liability company's registered agent for service of process.
101.985(7)(a)6.
6. The number of years the applicant has performed work or engaged in the business to be authorized under the license.
101.985(7)(a)7.
7. If the application is for an elevator contractor's license, the approximate number of individuals, if any, the applicant will employ upon licensure.
101.985(7)(a)8.
8. 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).
101.985(7)(a)9.
9. Satisfactory evidence that the applicant is or, upon licensure, will be insured to the extent required under
sub. (1) or
(3).
101.985(7)(a)10.
10. A description of each of the applicant's criminal arrests and convictions, if any.
101.985(7)(b)
(b) Each application for a license under
sub. (2) (am) shall be made on a form prescribed by the department, and each application shall contain the relevant information necessary to issue the license, as determined by the department.
101.986
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.
101.986 History
History: 2005 a. 456.
101.988
101.988
Enforcement and penalties. 101.988(1)(a)(a)
Initiated by department. The department may perform investigations to aid in the enforcement of this subchapter and rules promulgated under this subchapter.
101.988(1)(b)
(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.
101.988(2)
(2) Orders of the department. The department may issue orders to enforce this subchapter and rules promulgated under this subchapter.
101.988(3)
(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.
101.988 History
History: 2005 a. 456.
