AN ACT Relating to
licensing elevator contractors and mechanics; amending RCW 70.87.010,
70.87.020, 70.87.030, 70.87.050, 70.87.100, 70.87.125, 70.87.145, 70.87.170,
and 70.87.180; adding new sections to chapter 70.87 RCW; and prescribing
penalties.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF
WASHINGTON:
Sec. 1. RCW 70.87.010 and 1998 c
137 s 1 are each amended to read as follows:
For the purposes of
this chapter, except where a different interpretation is required by the
context:
(1) "Owner"
means any person having title to or control of a conveyance, as guardian,
trustee, lessee, or otherwise;
(2)
"Conveyance" means an elevator, escalator, dumbwaiter, belt manlift,
automobile parking elevator, moving walk, and other elevating devices, as
defined in this section;
(3) "Existing
installations" means ((all conveyances for which plans were completed
and accepted by the owner, or for which the plans and specifications have been
filed with and approved by the department before June 13, 1963, and work on the
erection of which was begun not more than twelve months thereafter)) an
installation defined as an "installation, existing" in this chapter
or in rules adopted under this chapter;
(4)
"Elevator" means a hoisting or lowering machine equipped with a car
or platform that moves in guides and serves two or more floors or landings of a
building or structure;
(a) "Passenger
elevator" means an elevator (i) on which passengers are permitted to ride
and (ii) that may be used to carry freight or materials when the load carried
does not exceed the capacity of the elevator;
(b) "Freight
elevator" means an elevator (i) used primarily for carrying freight and
(ii) on which only the operator, the persons necessary for loading and unloading,
and other employees approved by the department are permitted to ride;
(c) "Sidewalk
elevator" means a freight elevator that: (i) Operates between a sidewalk
or other area outside the building and floor levels inside the building below
the outside area, (ii) has no landing opening into the building at its upper
limit of travel, and (iii) is not used to carry automobiles;
(d) "Hand
elevator" means an elevator utilizing manual energy to move the car;
(e) "Inclined
elevator" means an elevator that travels at an angle of inclination of
seventy degrees or less from the horizontal;
(f) "Multideck
elevator" means an elevator having two or more compartments located one
immediately above the other;
(g) "Observation
elevator" means an elevator designed to permit exterior viewing by
passengers while the car is traveling;
(h) "Power
elevator" means an elevator utilizing energy other than gravitational or
manual to move the car;
(i) "Electric
elevator" means an elevator where the energy is applied by means of an
electric driving machine;
(j) "Hydraulic
elevator" means an elevator where the energy is applied by means of a
liquid under pressure in a cylinder equipped with a plunger or piston;
(k)
"Direct-plunger hydraulic elevator" means a hydraulic elevator having
a plunger or cylinder directly attached to the car frame or platform;
(l)
"Electro-hydraulic elevator" means a direct-plunger elevator where
liquid is pumped under pressure directly into the cylinder by a pump driven by
an electric motor;
(m)
"Maintained-pressure hydraulic elevator" means a direct-plunger
elevator where liquid under pressure is available at all times for transfer
into the cylinder;
(n) "Roped
hydraulic elevator" means a hydraulic elevator having its plunger or
piston connected to the car with wire ropes or indirectly coupled to the car by
means of wire ropes and sheaves;
(o) "Rack and
pinion elevator" means a power elevator, with or without a counterweight,
that is supported, raised, and lowered by a motor or motors that drive a pinion
or pinions on a stationary rack mounted in the hoistway;
(p) "Screw column
elevator" means a power elevator having an uncounterweighted car that is
supported, raised, and lowered by means of a screw thread;
(q) "Rooftop
elevator" means a power passenger or freight elevator that operates
between a landing at roof level and one landing below and opens onto the
exterior roof level of a building through a horizontal opening;
(r) "Special
purpose personnel elevator" means an elevator that is limited in size,
capacity, and speed, and permanently installed in structures such as grain
elevators, radio antenna, bridge towers, underground facilities, dams, power
plants, and similar structures to provide vertical transportation of authorized
personnel and their tools and equipment only;
(s) "Workmen's
construction elevator" means an elevator that is not part of the permanent
structure of a building and is used to raise and lower workers and other
persons connected with, or related to, the building project;
(t) "Boat
launching elevator" means an elevator, as defined by subsections (2) and
(4) of this section, that serves a boat launching structure and a beach or
water surface and is used for the carrying or handling of boats in which people
ride;
(u)
"Limited-use/limited-application elevator" means a power passenger
elevator where the use and application is limited by size, capacity, speed, and
rise, intended principally to provide vertical transportation for people with
physical disabilities;
(5)
"Escalator" means a power-driven, inclined, continuous stairway used
for raising and lowering passengers;
(6)
"Dumbwaiter" means a hoisting and lowering mechanism equipped with a
car (a) that moves in guides in a substantially vertical direction, (b) the
floor area of which does not exceed nine square feet, (c) the inside height of
which does not exceed four feet, (d) the capacity of which does not exceed five
hundred pounds, and (e) that is used exclusively for carrying materials;
(7) "Automobile
parking elevator" means an elevator: (a) Located in either a stationary
or horizontally moving hoistway; (b) used exclusively for parking automobiles
where, during the parking process, each automobile is moved either under its
own power or by means of a power-driven transfer device onto and off the
elevator directly into parking spaces or cubicles in line with the elevator;
and (c) in which no persons are normally stationed on any level except the
receiving level;
(8) "Moving
walk" means a passenger carrying device (a) on which passengers stand or
walk and (b) on which the passenger carrying surface remains parallel to its
direction of motion;
(9) "Belt
manlift" means a power driven endless belt provided with steps or
platforms and a hand hold for the transportation of personnel from floor to
floor;
(10)
"Department" means the department of labor and industries;
(11)
"Director" means the director of the department or his or her
representative;
(12) "Inspector"
means an elevator inspector of the department or an elevator inspector of a
municipality having in effect an elevator ordinance pursuant to RCW 70.87.200;
(13) "Permit"
means a permit issued by the department to construct, install, or operate a
conveyance;
(14) "Person"
means this state, a political subdivision, any public or private corporation,
any firm, or any other entity as well as an individual;
(15) "One-man
capacity manlift" means a single passenger, hand-powered counterweighted
device, or electric-powered device, that travels vertically in guides and
serves two or more landings;
(16) "Private
residence conveyance" means a conveyance installed in or on the premises
of a single-family dwelling and operated for transporting persons or property
from one elevation to another;
(17) "Material
hoist" means a hoist that is not a part of a permanent structure used to
raise or lower materials during construction, alteration, or demolition. It is
not applicable to the temporary use of permanently installed personnel
elevators as material ((hoist[s])) hoists;
(18) "Material
lift" means a lift that (a) is permanently installed, (b) is comprised of
a car or platform that moves in guides, (c) serves two or more floors or
landings, (d) travels in a vertical or inclined position, (e) is an isolated,
self-contained lift, (f) is not part of a conveying system, and (g) is
installed in a commercial or industrial area not accessible to the general
public or intended to be operated by the general public;
(19) "Casket
lift" means a lift that (a) is installed at a mortuary, (b) is designed
exclusively for carrying of caskets, (c) moves in guides in a basically
vertical direction, and (d) serves two or more floors or landings;
(20) "Wheelchair
lift" means a lift that travels in a vertical or inclined direction and is
designed for use by physically handicapped persons;
(21) "Stairway
chair lift" means a lift that travels in a basically inclined direction
and is designed for use by physically handicapped persons;
(22) "Personnel
hoist" means a hoist that is not a part of a permanent structure, is
installed inside or outside buildings during construction, alteration, or
demolition, and used to raise or lower workers and other persons connected
with, or related to, the building project. The hoist may also be used for
transportation of materials;
(23) "Advisory
committee" means the elevator advisory committee as described in this
chapter;
(24) "Elevator
helper/apprentice" means a person who works under the general direction of
a licensed elevator mechanic. A license is not required to be an elevator
helper/apprentice;
(25) "Elevator
mechanic" means any person who possesses an elevator mechanic license in
accordance with this chapter and who is engaged in erecting, constructing,
installing, altering, serving, repairing, or maintaining elevators or related
conveyances covered by this chapter;
(26)
"License" means a written license, duly issued by the department,
authorizing a person, firm, or company to carry on the business of erecting,
constructing, installing, altering, servicing, repairing, or maintaining
elevators or related conveyances covered by this chapter;
(27) "Elevator
contractor license" means a license that is issued to an elevator
contractor who has met the qualification requirements established in section 12
of this act;
(28) "Elevator
mechanic license" means a license that is issued to a person who has met
the qualification requirements established in section 12 of this act;
(29)
"Licensee" means the elevator mechanic or elevator contractor.
Sec. 2. RCW 70.87.020 and 1983 c
123 s 2 are each amended to read as follows:
(1) The purpose
of this chapter is to provide for safety of life and limb, to promote safety
awareness, and to ensure the safe, design, mechanical and electrical
operation, erection, installation, alteration, maintenance, inspection,
and repair of conveyances, and all such operation, erection, installation,
alteration, inspection, and repair subject to the provisions of this chapter
shall be reasonably safe to persons and property and in conformity with the
provisions of this chapter and the applicable statutes of the state of
Washington, and all orders, and rules((, and regulations)) of the
department. The use of unsafe and defective lifting devices imposes a
substantial probability of serious and preventable injury to employees and the
public exposed to unsafe conditions. The prevention of these injuries and
protection of employees and the public from unsafe conditions is in the best
interest of the people of this state. Elevator personnel performing work
covered by this chapter must, by documented training or experience or both, be
familiar with the operation and safety functions of the components and
equipment. Training and experience must include, but not be limited to,
recognizing the safety hazards and performing the procedures to which they are
assigned in conformance with the requirements of the chapter. This chapter
establishes the minimum standards for elevator personnel.
(2) This chapter is
not intended to prevent the use of systems, methods, or devices of equivalent
or superior quality, strength, fire resistance, code effectiveness, durability,
and safety to those required by this chapter, provided that there is technical
documentation to demonstrate the equivalency of the system, method, or device,
as prescribed in this chapter and the rules adopted under this chapter.
(3) In any suit
for damages allegedly caused by a failure or malfunction of the conveyance,
conformity with the rules of the department is prima facie evidence that the
operation, erection, installation, alteration, maintenance, inspection,
and repair of the conveyance is reasonably safe to persons and property.
Sec. 3. RCW 70.87.030 and 1998 c
137 s 2 are each amended to read as follows:
The department shall
adopt rules governing the mechanical and electrical operation, erection,
installation, alterations, inspection, acceptance tests, and repair of
conveyances that are necessary and appropriate and shall also adopt minimum
standards governing existing installations. In the execution of this
rule-making power and before the adoption of rules, the department shall
consider the rules for the safe mechanical operation, erection, installation,
alteration, inspection, and repair of conveyances, including the American
National Standards Institute Safety Code for Personnel and Material Hoists, the
American Society of Mechanical Engineers Safety Code for Elevators,
Dumbwaiters, and Escalators, and any amendatory or supplemental provisions
thereto. The department by rule shall establish a schedule of fees to pay the
costs incurred by the department for the work related to administration and
enforcement of this chapter. Nothing in this chapter limits the authority of
the department to prescribe or enforce general or special safety orders as
provided by law.
The department may
consult with: Engineering authorities and organizations concerned with standard
safety codes; rules and regulations governing the operation, maintenance,
servicing, construction, alteration, installation, and/or inspection of
elevators, dumbwaiters, and escalators, etcetera; and the qualifications that
are adequate, reasonable, and necessary for the elevator mechanic, contractor,
and inspector.
Sec. 4. RCW 70.87.050 and 1983 c
123 s 5 are each amended to read as follows:
The operation,
erection, installation, alteration, maintenance, inspection, and repair
of any conveyance located in, or used in connection with, any building owned by
the state, a county, or a political subdivision, other than those located
within and owned by a city having an elevator code, shall be under the jurisdiction
of the department.
Sec. 5. RCW 70.87.100 and 1983 c
123 s 11 are each amended to read as follows:
(1) All new
conveyance installations, relocations, or alterations must be performed by a
person, firm, or company to which a license to install, relocate, or alter
conveyances has been issued.
(2) The person
or firm installing, relocating, or altering a conveyance shall notify the
department ((in writing, at least seven days)) before completion of the
work, and shall subject the new, moved, or altered portions of the conveyance
to the acceptance tests.
(((2))) (3)
All new, altered, or relocated conveyances for which a permit has been issued,
shall be inspected for compliance with the requirements of this chapter by an
authorized representative of the department. The authorized representative
shall also witness the test specified.
Sec. 6. RCW 70.87.125 and 1983 c
123 s 10 are each amended to read as follows:
(1) A license issued
under this chapter may be suspended, revoked, or subject to civil penalty by
the department upon verification that any one or more of the following reasons
exist:
(a) Any false
statement as to a material matter in the application;
(b) Fraud,
misrepresentation, or bribery in securing a license;
(c) Failure to
notify the department and the owner or lessee of an elevator or related
mechanisms of any condition not in compliance with this chapter; and
(d) A violation of
any provisions of this chapter.
(2) The
department may suspend or revoke a permit if:
(a) The permit was
obtained through fraud or by error if, in the absence of error, the department
would not have issued the permit;
(b) The conveyance for
which the permit was issued has not been constructed, installed, maintained, or
repaired in accordance with the requirements of this chapter; or
(c) The conveyance has
become unsafe.
(((2))) (3)
The department shall notify in writing the owner, licensee, or person
installing the conveyance, of its action and the reason for the action. The
department shall send the notice by certified mail to the last known address of
the owner or person. The notice shall inform the owner or person that a
hearing may be requested pursuant to RCW 70.87.170.
(((3))) (4)(a)
If the department has suspended or revoked a permit or license because
of fraud or error, and a hearing is requested, the suspension or revocation
shall be stayed until the hearing is concluded and a decision is issued.
(b) If the
department has revoked or suspended a license because the elevator personnel
performing the work covered by this chapter is working in a manner that does
not effectively prevent injuries or deaths or protect employees and the public
from unsafe conditions as is required by this chapter, the suspension or
revocation is effective immediately and shall not be stayed by a request for a
hearing.
(c) If the
department has revoked or suspended a permit because the conveyance is unsafe
or is not constructed, installed, maintained, or repaired in accordance with
this chapter, the suspension or revocation is effective immediately and shall
not be stayed by a request for a hearing.
(((4))) (5)
The department must remove a suspension or reinstate a revoked license if the
licensee pays all the assessed civil penalties and is able to demonstrate to
the department that the licensee has met all the qualifications established by
this chapter.
(6) The
department shall remove a suspension or reinstate a revoked permit if a
conveyance is repaired or modified to bring it into compliance with this
chapter.
Sec. 7. RCW 70.87.145 and 1983 c
123 s 15 are each amended to read as follows:
(1) An authorized
representative of the department may order the owner or person operating a
conveyance to discontinue the operation of a conveyance, and may place a notice
that states that the conveyance may not be operated on a conspicuous place in
the conveyance, if the conveyance:
(a) Has not been
constructed, installed, maintained, or repaired in accordance with the
requirements of this chapter; or
(b) Has otherwise
become unsafe.
The order is effective
immediately, and shall not be stayed by a request for a hearing.
(2) The department
shall prescribe a form for the order to discontinue operation. The order shall
specify why the conveyance violates this chapter or is otherwise unsafe, and
shall inform the owner or operator that he or she may request a hearing
pursuant to RCW 70.87.170. A request for a hearing does not stay the effect of
the order.
(3) The department
shall rescind the order to discontinue operation if the conveyance is fixed or
modified to bring it into compliance with this chapter.
(4) An owner or a
person that knowingly operates or allows the operation of a conveyance in
contravention of an order to discontinue operation, or removes a notice not to
operate, is:
(a) Guilty of a
misdemeanor; and
(b) Subject to a civil
penalty under RCW 70.87.185.
(5) The department
may conduct random on‑site inspections and tests on existing
installations, witnessing periodic inspections and testing in order to ensure
satisfactory performance by licensed persons, firms, or companies, and assist
in development of public awareness programs.
Sec. 8. RCW 70.87.170 and 1983 c
123 s 16 are each amended to read as follows:
(1) Any person
aggrieved by an order or action of the department denying, suspending,
revoking, or refusing to renew a permit or license; assessing a penalty
for a violation of this chapter; or ordering the operation of a conveyance to
be discontinued, may request a hearing within fifteen days after notice the
department's order or action is received. The date the hearing was requested
shall be the date the request for hearing was postmarked. The party requesting
the hearing must accompany the request with a certified or cashier's check for
two hundred dollars payable to the department. The department shall refund the
two hundred dollars if the party requesting the hearing prevails at the
hearing; otherwise, the department shall retain the two hundred dollars.
If the department does
not receive a timely request for hearing, the department's order or action is
final and may not be appealed.
(2) If the aggrieved
party requests a hearing, the department shall ask an administrative law judge
to preside over the hearing. The hearing shall be conducted in accordance with
chapter 34.05 RCW.
Sec. 9. RCW 70.87.180 and 1983 c
123 s 17 are each amended to read as follows:
(1) The
construction, installation, relocation, alteration, maintenance, or
operation of a conveyance without a permit by any person owning or having the
custody, management, or operation thereof, except as provided in RCW 70.87.080
and 70.87.090, is a misdemeanor. Each day of violation is a separate offense.
No prosecution may be maintained where the issuance or renewal of a permit has
been requested but upon which no action has been taken by the department.
(2) The
construction, installation, relocation, alteration, maintenance, or operation
of a conveyance without a license by any person is a misdemeanor. Each day of
violation is a separate offense. No prosecution may be maintained where the
issuance or renewal of a license has been requested by an applicant but upon
which no action has been taken by the department.
NEW SECTION. Sec.
10. A new section is added
to chapter 70.87 RCW to read as follows:
No person shall erect,
construct, wire, alter, replace, maintain, remove, or dismantle any conveyance
contained within a building or structures within the jurisdiction of this state
unless he or she has an elevator mechanic license and the person is working
under the direct supervision of a person, firm, or company who has an elevator
contractors license pursuant to this chapter. A person, firm, or company is
not required to have an elevator contractors license for removing or
dismantling conveyances that are destroyed as a result of a complete demolition
of a secured building or structure or where the building is demolished back to
the basic support structure whereby no access is permitted therein to endanger
the safety and welfare of a person.
NEW SECTION. Sec.
11. A new section is added
to chapter 70.87 RCW to read as follows:
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. The advisory committee consists of five persons appointed by the
director of the department or his or her designee with the advice of the chief
elevator inspector. The committee members shall serve four years.
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 of the elevator section. The
committee members shall serve without per diem or travel expenses.
The chief elevator
inspector shall be the secretary for the advisory committee.
NEW SECTION. Sec.
12. A new section is added
to chapter 70.87 RCW to read as follows:
(1) Any person, firm,
or company wishing to engage in the business of installing, altering,
servicing, replacing, or maintaining elevators, dumbwaiters, escalators, or
moving sidewalks within the jurisdiction must make application for a license
with the department on a form provided by the department and be a registered
general or specialty contractor under chapter 18.27 RCW.
(2) Any person wishing
to engage in installing, altering, repairing, or servicing elevators,
dumbwaiters, escalators, or moving sidewalks within the jurisdiction must make
application for a license with the department on a form provided by the
department.
(3) No elevator
contractor license may be granted to any person or firm who has not proven to
possess the following qualifications:
(a) Five years' work
experience in the elevator industry in construction, maintenance, and service
or repair, as verified by current and previous elevator contractor licenses to
do business; or
(b) Satisfactory
completion of a written examination administered by the department on this
chapter and the rules adopted under this chapter.
(4) No elevator
mechanic license may be granted to any person who has not proven to possess the
following qualifications:
(a) An acceptable
combination of documented experience and education credits: Not less than
three years' work experience in the elevator industry, in construction, or
maintenance and service or repair, as verified by current and previous
employers licensed to do business in this state; and
(b) Satisfactory
completion of a written examination administered by the department on this
chapter and the rules adopted under this chapter.
(5) Any person who
furnishes the department with acceptable proof that he or she has worked as an
elevator constructor, or as a maintenance or repair person shall upon making
application for a license and paying the license fee is entitled to receive a
license without an examination. The person must have:
(a) Worked without
direct and immediate supervision for an elevator contractor licensed to do
business in this state. This employment may not be less than three years
immediately before the effective date of this act. The person must make
application within one year of the effective date of this act;
(b) Obtained a certificate
of completion and successfully passed the mechanic examination of a nationally
recognized training program for the elevator industry such as the national
elevator industry educational program or its equivalent; or
(c) Obtained a
certificate of completion of an apprenticeship program for an elevator
mechanic, having standards substantially equal to those of this chapter, and
registered with the Washington state apprenticeship and training council.
(6) A license must be
issued to an individual holding a valid license from a state having entered
into a reciprocal agreement with the department and having standards
substantially equal to those of this chapter, upon application and without
examination.
NEW SECTION. Sec.
13. A new section is added
to chapter 70.87 RCW to read as follows:
(1) Upon approval of an
application, the department may issue a license that is biannually renewable.
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 must recite that it is valid for a
period of thirty days from the date of issuance and for such particular
elevators 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 must 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 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.
NEW SECTION. Sec.
14. A new section is added
to chapter 70.87 RCW to read as follows:
This
chapter cannot be construed to relieve or lessen the responsibility or
liability of any person, firm, or corporation owning, operating, controlling,
maintaining, erecting, constructing, installing, altering, inspecting, testing,
or repairing any elevator or other related mechanisms covered by this chapter
for damages to person or property caused by any defect therein, nor does the
state assume any such liability or responsibility therefore or any liability to
any person for whatever reason whatsoever by the adoption of this chapter or
any acts or omissions arising hereunder.
