State of Washington
66th Legislature
2019 Regular Session
ByRepresentatives Chapman, Chandler, and Doglio; by request of Department of Labor & Industries
Read first time 01/23/19.Referred to Committee on Labor & Workplace Standards.
AN ACT Relating to extending the validity of temporary elevator licenses, expanding membership of the elevator safety advisory committee, allowing homeowners to remove certain conveyances from their residences, and eliminating duplicate paperwork; and amending RCW 70.87.080, 70.87.220, 70.87.250, and 70.87.270.
Sec. 1. RCW 70.87.080 and 2003 c 143 s 14 are each amended to read as follows:
(1) A permit shall be obtained from the department before performing work, other than maintenance, on a conveyance under the jurisdiction of the department.
(2) The installer of the conveyance shall submit an application for the permit ((in duplicate)), along with a set of plans when required, in a form that the department may prescribe.
(3) The permit and associated plans issued by the department shall be kept posted conspicuously at the site of installation.
(4) A permit is not required for maintenance.
(5) After the effective date of rules adopted under this chapter establishing licensing requirements, the department may issue a permit for conveyance work only to an elevator contractor unless the permit is for conveyance work on private residence conveyances. ((After July 1, 2004, the department may not issue a permit for conveyance work on private residence conveyances to a person other than an elevator contractor.))
Sec. 2. RCW 70.87.220 and 2003 c 143 s 7 are each amended to read as follows:
(1) The department may adopt the rules necessary to establish and administer the elevator safety advisory committee. The purpose of the advisory committee is to advise the department on the adoption of rules that apply to conveyances; methods of enforcing and administering this chapter; and matters of concern to the conveyance industry and to the individual installers, owners, and users of conveyances.
(2) The advisory committee shall consist of not less than seven persons nor more than nine persons. The director of the department or his or her designee with the advice of the chief elevator inspector shall appoint the committee members as follows:
(a) A minimum of one and a maximum of two representatives of licensed elevator contractors;
(b) A minimum of one and a maximum of two representatives of elevator mechanics licensed to perform all types of conveyance work;
(c) A minimum of one and a maximum of two representatives of owner-employed mechanics exempt from licensing requirements under RCW 70.87.270;
(d) One registered architect or professional engineer representative;
(e) A minimum of one and a maximum of two building owners or manager representatives;
(f) A minimum of one and a maximum of two registered general commercial contractor representatives; and
(g) One ad hoc member representing ((a))each municipality maintaining jurisdiction of conveyances in accordance with RCW ((70.87.210 [70.87.200]))70.87.200(2).
(3) The committee members shall serve terms of four years.
(4) The committee shall meet on the third Tuesday of February, May, August, and November of each year, and at other times at the discretion of the chief elevator inspector. The committee members shall serve without per diem or travel expenses.
(5) The chief elevator inspector shall be the secretary for the advisory committee.
Sec. 3. RCW 70.87.250 and 2009 c 36 s 11 are each amended to read as follows:
(1) Upon approval of an application, the department may issue a license that is biennially renewable. Each license may include a photograph of the licensee. The fee for the license and for any renewal shall be set by the department in rule.
(2) The department may issue temporary elevator mechanic licenses. These temporary elevator mechanic licenses will be issued to those certified as qualified and competent by licensed elevator contractors. The company shall furnish proof of competency as the department may require. Each license may include a photograph of the licensee. Each license must recite that it is valid for a period of ((thirty days))one year from the date of issuance and for such particular conveyance or geographical areas as the department may designate, and otherwise entitles the licensee to the rights and privileges of an elevator mechanic license issued in this chapter. A temporary elevator mechanic license may be renewed by the department and a fee as established in rule must be charged for any temporary elevator mechanic license or renewal.
(3) The renewal of all licenses granted under this section is conditioned upon the submission of a certificate of completion of a course designed to ensure the continuing education of licensees on new and existing rules of the department. The course must consist of not less than eight hours of instruction that must be attended and completed within one year immediately preceding any license renewal.
(4) The courses must be taught by instructors through continuing education providers that may include, but are not limited to, association seminars and labor training programs. The department must approve the continuing education providers. All instructors must be approved by the department and are exempt from the requirements of subsection (3) of this section with regard to his or her application for license renewal, provided that such applicant was qualified as an instructor at any time during the one year immediately preceding the scheduled date for such renewal.
(5) A licensee who is unable to complete the continuing education course required under this section before the expiration of his or her license due to a temporary disability may apply for a waiver from the department. This will be on a form provided by the department and signed under the pains and penalties of perjury and accompanied by a certified statement from a competent physician attesting to the temporary disability. Upon the termination of the temporary disability, the licensee must submit to the department a certified statement from the same physician, if practicable, attesting to the termination of the temporary disability. At which time a waiver sticker, valid for ninety days, must be issued to the licensee and affixed to his or her license.
(6) Approved training providers must keep uniform records, for a period of ten years, of attendance of licensees and these records must be available for inspection by the department at its request. Approved training providers are responsible for the security of all attendance records and certificates of completion. However, falsifying or knowingly allowing another to falsify attendance records or certificates of completion constitutes grounds for suspension or revocation of the approval required under this section.
Sec. 4. RCW 70.87.270 and 2003 c 143 s 4 are each amended to read as follows:
(1) The licensing requirements of this chapter do not apply to the maintenance of conveyances specified in (a) of this subsection if a person specified in (b) of this subsection performs the maintenance and the owner complies with the requirements specified in (c) and (d) of this subsection.
(a) The conveyance: (i) Must be a conveyance other than a passenger elevator to which the general public has access; and (ii) must be located in a facility in which agricultural products are stored, food products are processed, goods are manufactured, energy is generated, or similar industrial or agricultural processes are performed.
(b) The person performing the maintenance: (i) Must be regularly employed by the owner; (ii) must have completed the training described in (c) of this subsection; and (iii) must have attained journey level status in an electrical or mechanical trade, but only if the employer has or uses an established journey level program to train its electrical or mechanical trade employees and the employees perform maintenance in the course of their regular employment.
(c) The owner must provide the persons specified in (b) of this subsection adequate training to ensure worker safety and adherence to the published operating specifications of the conveyance manufacturer, the applicable provisions of this chapter, and any rules adopted under this chapter.
(d) The owner also must maintain both a maintenance log and a training log. The maintenance log must describe maintenance work performed on the conveyance and identify the person who performed the work. The training log must describe the course of study provided to the persons specified in (b) of this subsection, including whether it is general or conveyance specific, and when the persons completed the course of study.
(2) It is a violation of chapter 49.17 RCW for an owner or an employer: (a) To allow a conveyance exempt from the licensing requirements of this chapter under subsection (1) of this section to be maintained by a person other than a person specified in subsection (1)(b) of this section or a licensee; or (b) to fail to maintain the logs required under subsection (1)(d) of this section.
(3) The licensing requirements of this chapter do not apply to homeowners, or persons employed by homeowners, for permanent removal of a stairway chair lift or a platform lift located in a private residence as described in the American Society of Mechanical Engineers A18.1 Safety Standard for Platform Lifts and Stairway Chairlifts, Sections 5, 6, and 7.
--- END ---