HF 1813

1st Engrossment - 86th Legislature (2009 - 2010) Posted on 02/09/2010 01:55am

A bill for an act
relating to construction codes; modifying elevator provisions; requiring a report;
amending Minnesota Statutes 2008, sections 326B.163, subdivision 5; 326B.184,
subdivision 2.

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

Section 1.

Minnesota Statutes 2008, section 326B.163, subdivision 5, is amended to
read:

Subd. 5.

Elevator.

As used in this chapter, "elevator" means moving walks and
vertical transportation devices such as escalators, passenger elevators, freight elevators,
dumbwaiters, hand-powered elevators, endless belt lifts, and wheelchair platform lifts deleted text begin ,
but deleted text end new text begin . Elevator new text end does not include new text begin :
new text end

new text begin (1) new text end external temporary material lifts or temporary construction personnel elevators
at sites of construction of new or remodeled buildings new text begin ; or
new text end

new text begin (2) manlifts in grain elevators and feed mills subject to installation limitations under
Minnesota Rules, part 5205.0550 new text end .

Sec. 2.

Minnesota Statutes 2008, section 326B.184, subdivision 2, is amended to read:

Subd. 2.

Annual operating permit.

No person new text begin , except for an organization
designated as a nonprofit entity under section 501(c)(3) of the Internal Revenue Code of
1986, as amended through December 31, 1999, new text end may operate an elevator without first
obtaining an annual operating permit from the department or a municipality authorized
by subdivision 4 to issue annual operating permits. A $100 annual operating permit fee
must be paid to the department for each annual operating permit issued by the department,
except that the original annual operating permit must be included in the permit fee for the
initial installation of the elevator. Annual operating permits must be issued at 12-month
intervals from the date of the initial annual operating permit. For each subsequent year, an
owner must be granted an annual operating permit for the elevator upon the owner's or
owner's agent's submission of a form prescribed by the commissioner and payment of the
$100 fee. Each form must include the location of the elevator, the results of any periodic
test required by the code, and any other criteria established by rule. An annual operating
permit may be revoked by the commissioner upon an audit of the periodic testing results
submitted with the application or a failure to comply with elevator code requirements,
inspections, or any other law related to elevators.

Sec. 3. new text begin REGULATION OF MANLIFTS IN GRAIN ELEVATORS; STUDY.
new text end

new text begin The Department of Labor and Industry shall establish an advisory committee to
review existing rules and laws relating to special purpose lifts, hand elevators, and manlifts
in grain elevators, feed mills, and similar facilities not for public use. The department
shall report to the legislature by January 30, 2010, any statutory or rule changes needed
to address the appropriate maintenance criteria, qualifications of maintenance personnel,
and annual operating permits, inspections, audits, and fees for manlifts, hand elevators, or
special purpose lifts in grain elevators, feed mills, or similar facilities not for public use.
new text end

Sec. 4. new text begin EFFECTIVE DATE.
new text end

new text begin Sections 1 to 3 are effective the day following final enactment.
new text end