FINAL BILL REPORT

ESSB 5942

C 143 L 03

Synopsis as Enacted

Brief Description: Concerning licensing requirements for elevator mechanics and contractors.

Sponsors: Senate Committee on Commerce & Trade (originally sponsored by Senators Reardon, Hewitt, Prentice and Honeyford).

Senate Committee on Commerce & Trade

House Committee on Commerce & Labor

Background: A conveyance is a device used to lift or move passengers or freight, such as an elevator, escalator, dumbwaiter, or moving walk. Persons constructing, installing, relocating or altering a conveyance must be licensed by the Department of Labor and Industries (L&I) under Chapter 70.87 RCW. Constructing, installing, relocating, altering, maintaining or operating a conveyance without a permit or without a license is a misdemeanor.

In 2002, Chapter 70.87 RCW was amended to add licensing requirements for elevator mechanics and elevator contractors. The Director of L&I was also authorized to appoint a five-member elevator safety advisory committee, and to adopt rules that apply to conveyances.

Summary: A regularly employed worker at a manufacturing, industrial, agricultural or similar facility is not required to obtain an elevator mechanic's license in order to maintain most conveyances at the facility. To qualify for this exception, the worker must have been provided training by the employer that ensures (a) the safety of workers, and (b) adherence to published operating specifications of the conveyance manufacturer. Also, if there is an established journeyman training program in an electrical or mechanical trade at the facility, the worker must have attained such journeyman status. This exception to the licensing requirement does not apply to the maintenance or repair of passenger elevators at the facility to which access by the general public is not restricted.

"Elevator maintenance" and other terms are defined.

It is a violation of the Industrial Safety and Heath Act for a manufacturing, industrial, agricultural or similar employer to (a) allow maintenance to be performed on a conveyance by anyone other than a licensed elevator mechanic or an employee authorized by the statue, or (b) not keep proper training and maintenance records. Public agencies are allowed to employ elevator mechanics.

Persons who have performed elevator construction or maintenance work for a conveyance owner or a public agency for at least three years prior to March 2004 may be licensed without an examination.

Alternative licensing requirements are established for persons who install or maintain material lifts. Persons who maintain conveyances located in owner-occupied private residences are exempt from licensing requirements until July 1, 2004.

The membership of the elevator safety advisory committee is specified. The advisory committee is directed to review the regulation of conveyances in private residences, and report its finding to the Legislature by January 1, 2004.

The department must adopt rules, effective on or after July 1, 2004, to implement the licensing provisions of the act, and may establish elevator mechanic license categories by rule.

Votes on Final Passage:

Senate       49  0

House       98  0    (House amended)

Senate       48  0    (Senate concurred)

Effective: May 7, 2003