Washington State

House of Representatives

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BILL

ANALYSIS

Labor & Workplace Standards Committee

HB 2549

This analysis was prepared by non-partisan legislative staff for the use of legislative members in their deliberations. This analysis is not a part of the legislation nor does it constitute a statement of legislative intent.

Brief Description: Concerning permitting of conveyances.

Sponsors: Representatives Condotta and Manweller.

Brief Summary of Bill

  • Provides that rules adopted by the Department of Labor and Industries on or after January 1, 2013, regarding minimum standards for conveyances apply to existing conveyances no earlier than 10 years after the rule is adopted.

Hearing Date: 1/25/16

Staff: Joan Elgee (786-7106).

Background:

The Department of Labor and Industries (Department) administers and enforces state laws regarding the installation, operation, inspection, and repair of conveyances. In general, these laws require owners to obtain permits from the Department before conveyances are built, installed, moved, or altered. In addition, conveyances must have operating permits and are subject to annual safety inspections by the Department. With some exceptions, conveyance work, which includes maintenance, must be performed by licensed elevator contractors employing a licensed elevator mechanic.

The owner is responsible for the maintenance of the conveyance including all required testing. The Department may take action against a license for various violations.

If an inspection shows a conveyance is unsafe the Department issues an inspection report and may also suspend or revoke the permit. A penalty of up to $500 may be assessed for failure to correct a violation within 90 days.

Under the Department's rule-making authority, the Department must adopt rules regarding mechanical and electrical operation of conveyances, inspection, and other matters. The Department must also adopt minimum standards governing existing installations. In adopting rules, the Department must consider national standards, including standards of the American Society of Mechanical Engineers (ASME). A rule states that conveyances must comply with rules that were in effect at the time the conveyance is permitted unless the rule specifies otherwise.

In 2004, the Department adopted certain ASME standards regarding maintenance and documentation of maintenance. The Department began enforcing the maintenance requirements in 2013. Rules adopted in 2013 provided additional detail regarding maintenance.

Summary of Bill:

Rules adopted by the Department regarding conveyances on or after January 1, 2013 apply only to conveyances permitted on or after the effective date of the rule. The Department may apply rules regarding minimum standards to all conveyances, but no earlier than 10 years after the rule adoption.

Appropriation: None.

Fiscal Note: Available.

Effective Date: The bill takes effect 90 days after adjournment of the session in which the bill is passed.