SENATE BILL REPORT

SB 6650

As Passed Senate, February 12, 2004

Title: An act relating to providing the department of labor and industries with the rule-making authority to address recommendations of the elevator safety advisory committee relating to the licensing of private residence conveyance work.

Brief Description: Providing the department of labor and industries with the rule-making authority to address recommendations of the elevator safety advisory committee relating to the licensing of private residence conveyance work.

Sponsors: Senators Keiser and Hewitt; by request of Department of Labor & Industries.

Brief History:

Committee Activity: Commerce & Trade: 1/30/04 [DP].

Passed Senate: 2/12/04, 48-0.

SENATE COMMITTEE ON COMMERCE & TRADE

Majority Report: Do pass.

      Signed by Senators Honeyford, Chair; Hewitt, Vice Chair; Franklin, Keiser and Mulliken.

Staff: John Dziedzic (786-7784)

Background: In 2002, new licensing requirements for elevator mechanics and contractors were enacted. In 2003, those requirements were amended to exempt certain workers who are regularly employed to maintain conveyances at manufacturing, industrial, agricultural, and similar facilities. The 2003 legislation also exempted, until July 1, 2004, work on conveyances located at private residences if the work is performed at the direction of the owner, and the owner resides at the residence.

In the legislation, adopted last year, the Elevator Safety Advisory Committee was directed to review the regulation of conveyances in private residences and report its findings to the Legislature by January 1, 2004. The advisory committee made the following recommendations:

      (a) licensing requirements should be established for work (installation, maintenance, etc.) done on conveyances at private residences, and the Department of Labor and Industries (L&I) should be authorized to establish such requirements by rule.

      (b) maintenance work performed by the owner of a residence, or at the owner's direction, should be exempt from licensing if the owner resides in the residence and the conveyance is not accessible to the general public.

      (c) the Legislature should consider providing L&I with additional resources to more effectively ensure that owners of private residence conveyances know their legal duties.

Summary of Bill: L&I is directed to adopt rules establishing licensing requirements for work on conveyances located at private residences, with maintenance work performed by or at the direction of the owner exempt from licensing, if the owner resides in the residence, and the conveyance is not accessible to the general public. Conveyances located in or at boarding homes, adult family homes, and similarly licensed care-giving facilities are not included within this exemption. The rules are to take effect July 1, 2004.

Appropriation: None.

Fiscal Note: Available.

Effective Date: Ninety days after adjournment of session in which bill is passed.

Testimony For: The bill is the product of the diligent work done over the past year by the Elevator Safety Advisory Committee and affected stakeholders. It allows that work continue to be refined as the department writes rules related to conveyances in owner-occupied residences. Passage of this bill is needed to prevent homeowners, especially those with mobility impairments, from being subject to the more extensive and expensive licensing and regulation standards that apply to elevators in commercial facilities.

Testimony Against: None.

Testified: PRO: Bob McLauglin, Andy Ryan, homeowners; William Morrell, Adaptive Installations; Skip Dreps, Paralyzed Veterans of America; Suzanne Mager, Dotty Stanslaske, Department of Labor and Industries; Bill Watson, City of Seattle.