BILL REQ. #:  S-1714.1 

Read first time 02/21/2003.   Referred to Committee on Commerce & Trade.

     AN ACT Relating to licensing requirements for elevator mechanics and contractors; amending RCW 70.87.010, 70.87.180, 70.87.200, and 70.87.220; adding a new section to chapter 70.87 RCW; and creating a new section.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

Sec. 1   RCW 70.87.010 and 2002 c 98 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 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 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)) an 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 [servicing])) servicing, 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 RCW 70.87.240;
     (28) "Elevator mechanic license" means a license that is issued to a person who has met the qualification requirements established in RCW 70.87.240;
     (29) "Licensee" means the elevator mechanic or elevator contractor who has been issued a license;
     (30) "Repair" means the process of rehabilitation or replacement of parts that are basically the same as the original for the purpose of ensuring performance in accordance with this chapter;
     (31) "Replacement" means the substitution of a device or component in its entirety with a new unit that is basically the same as the original for the purpose of ensuring performance in accordance with this chapter;
     (32) "Maintenance" means the process of routine examination, lubrication, cleaning, adjustment, and replacement of parts for the purpose of ensuring performance in accordance with this chapter.

Sec. 2   RCW 70.87.180 and 2002 c 98 s 9 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, or 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.

Sec. 3   RCW 70.87.200 and 1983 c 123 s 22 are each amended to read as follows:
     (1) The provisions of this chapter do not apply where:
     (a) A conveyance is permanently removed from service or made effectively inoperative; or
     (b) Lifts, man hoists, or material hoists are erected temporarily for use during construction work only and are of such a design that they must be operated by a workman stationed at the hoisting machine.
     (2) Except as limited by RCW 70.87.050, municipalities having in effect an elevator code prior to June 13, 1963 may continue to assume jurisdiction over the operation, erection, installation, alteration, or repair of elevators, escalators, dumbwaiters, moving walks, manlifts, and parking elevators and may inspect, issue permits, collect fees, and prescribe minimum requirements for the construction, design, use, and maintenance of conveyances if the requirements are equal to the requirements of this chapter and to all rules pertaining to conveyances adopted and administered by the department. Upon the failure of a municipality having jurisdiction over conveyances to carry out the provisions of this chapter with regard to a conveyance, the department may assume jurisdiction over the conveyance. If a municipality elects not to maintain jurisdiction over certain conveyances located therein, it may enter into a written agreement with the department transferring exclusive jurisdiction of the conveyances to the department. The city may not reassume jurisdiction after it enters into such an agreement with the department.
     (3) Nothing in this chapter shall be construed to require a person to obtain a license or licensed mechanic in order to do conveyance repair, replacement, or maintenance work at his or her residence, farm, place of business, or other personal property; however, nothing in this chapter is intended to derogate from or dispense with the requirements of any valid conveyance code enacted by the state, county, or political subdivision, except that no code shall require any person to obtain any other license or pay any fee in order to engage in the repair and maintenance of conveyances. The licensing provisions of this chapter do not apply to persons making repairs to and maintaining conveyances on their own property or to regularly employed employees working on the premises of their employer.

Sec. 4   RCW 70.87.220 and 2002 c 98 s 11 are each amended 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 appointed committee shall include one representative of labor involved in the installation, maintenance, and repair of elevators within the state; one representative from manufacturers of conveyances within the state; one representative from an elevator servicing company within the state; one representative of owners and users of conveyances within the state; and one registered architect or professional engineer with experience in the elevator industry. 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. 5   A new section is added to chapter 70.87 RCW to read as follows:
     Equipment not covered by this chapter includes, but is not limited to, the following:
     (1) Personnel hoists within the scope of American national standards institute A10.4;
     (2) Material hoists within the scope of American national standards institute A10.5;
     (3) Manlifts within the scope of American society of mechanical engineers A90.1;
     (4) Mobile scaffolds, towers, and platforms within the scope of American national standards institute A92;
     (5) Powered platforms and equipment for exterior and interior maintenance within the scope of American national standards institute 120.1;
     (6) Conveyors and related equipment within the scope of American society of mechanical engineers B20.1;
     (7) Cranes, derricks, hoists, hooks, jacks, and slings within the scope of American society of mechanical engineers B30;
     (8) Industrial trucks within the scope of American society of mechanical engineers B56;
     (9) Portable equipment, except for portable escalators which are covered by American national standards institute A17.1;
     (10) Tiering or piling machines used to move materials to and from storage located and operating entirely within one story;
     (11) Equipment for feeding or positioning materials at machine tools, printing presses, etc.;
     (12) Skip or furnace hoists;
     (13) Wharf ramps;
     (14) Railroad car lifts or dumpers;
     (15) Line jacks, false cars, shafters, moving platforms, and similar equipment used for installing an elevator by a contractor licensed in this state.

NEW SECTION.  Sec. 6   The department of labor and industries shall not adopt rules to implement chapter 98, Laws of 2002, and to implement this act that take effect prior to one year from the effective date of this act.