HF 398

2nd Engrossment - 79th Legislature (1995 - 1996) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to elevators; regulating persons who may do 
  1.3             elevator work; appropriating money; amending Minnesota 
  1.4             Statutes 1994, sections 183.355, subdivision 3; 
  1.5             183.357, subdivisions 1, 2, and 4; and 183.358; 
  1.6             proposing coding for new law in Minnesota Statutes, 
  1.7             chapter 183. 
  1.8   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.9      Section 1.  [183.3521] [ELEVATOR MECHANICS; REGISTRATION.] 
  1.10     The wiring, installation, alteration, modernization, and 
  1.11  repair of the mechanical and electrical apparatus of an elevator 
  1.12  that is used to move persons must be performed by a person 
  1.13  registered by the commissioner as an elevator mechanic or by a 
  1.14  person acting under the direct on-site supervision of a 
  1.15  registered elevator mechanic.  A registered mechanic may 
  1.16  supervise not more than five persons performing work otherwise 
  1.17  required to be performed by a registered mechanic. 
  1.18     To be registered by the commissioner, a person must have 
  1.19  successfully completed the national elevator industry education 
  1.20  program or a program found by the commissioner to be equivalent 
  1.21  and must possess an elevator constructor or master elevator 
  1.22  constructor license issued by the state board of electricity.  
  1.23  Nothing in this section will supersede or replace sections 
  1.24  326.241 to 326.248. 
  1.25     Sec. 2.  Minnesota Statutes 1994, section 183.355, 
  1.26  subdivision 3, is amended to read: 
  2.1      Subd. 3.  [MINIMUM REQUIREMENTS.] No person, firm, or 
  2.2   corporation may construct, install, or repair an elevator that 
  2.3   does not meet the minimum requirements of this chapter, 
  2.4   adopted sections 183.351 to 183.358, rules, or national codes 
  2.5   adopted by rule. 
  2.6      Sec. 3.  Minnesota Statutes 1994, section 183.357, 
  2.7   subdivision 1, is amended to read: 
  2.8      Subdivision 1.  [PERMITS.] No person, firm, or corporation 
  2.9   may construct, perform alterations, or install an elevator 
  2.10  without first filing an application for obtaining a permit with 
  2.11  the department of labor and industry or a municipality 
  2.12  authorized by subdivision 3 to inspect elevators.  Projects 
  2.13  under actual construction before July 1, 1989, are not required 
  2.14  to obtain a permit from the department.  Upon successfully 
  2.15  completing inspection and the payment of the appropriate fee, 
  2.16  the owner must be granted an operating permit for the elevator. 
  2.17     Sec. 4.  Minnesota Statutes 1994, section 183.357, 
  2.18  subdivision 2, is amended to read: 
  2.19     Subd. 2.  [CONTRACTOR LICENSES.] The commissioner may shall 
  2.20  by rule establish criteria for the qualifications of elevator 
  2.21  contractors and issue licenses based upon proof of the 
  2.22  applicant's qualifications.  
  2.23     Sec. 5.  Minnesota Statutes 1994, section 183.357, 
  2.24  subdivision 4, is amended to read: 
  2.25     Subd. 4.  [DEPOSIT OF FEES.] Fees received under this 
  2.26  section must be deposited in the state treasury and credited to 
  2.27  the special revenue fund and are appropriated to the 
  2.28  commissioner for the purposes of sections 183.351 to 183.358. 
  2.29     Sec. 6.  Minnesota Statutes 1994, section 183.358, is 
  2.30  amended to read: 
  2.31     183.358 [RULES.] 
  2.32     The commissioner may shall adopt rules for the following 
  2.33  purposes: 
  2.34     (1) to set a fee under section 16A.128 16A.1285 for 
  2.35  processing a construction or installation permit or elevator 
  2.36  contractor license application; 
  3.1      (2) to set a fee under section 16A.128 16A.1285 to cover 
  3.2   the cost of elevator inspections; 
  3.3      (3) to establish minimum qualifications for elevator 
  3.4   inspectors that must include possession of a current journeyman 
  3.5   elevator electrician's license issued by the state board of 
  3.6   electricity and proof of successful completion of the national 
  3.7   elevator construction mechanic examination industry education 
  3.8   program or equivalent experience; 
  3.9      (4) to establish criteria for the qualifications of 
  3.10  elevator contractors; 
  3.11     (5) to establish elevator standards under sections 16B.61, 
  3.12  subdivisions 1 and 2, and 16B.64; and 
  3.13     (6) to establish procedures for appeals of decisions of the 
  3.14  commissioner under chapter 14 and procedures allowing the 
  3.15  commissioner, before issuing a decision, to seek advice from the 
  3.16  elevator trade, building owners or managers, and others 
  3.17  knowledgeable in the installation, construction, and repair of 
  3.18  elevators. 
  3.19     Sec. 7.  [183.3581] [APPLICATION.] 
  3.20     Nothing in sections 1 to 3 shall be construed to require 
  3.21  registration or licensure of a person, or issuance of a permit 
  3.22  to do minor repair work as that term is defined in Minnesota 
  3.23  Rules, part 3800.3500, subpart 10. 
  3.24     Sec. 8.  [EFFECTIVE DATE.] 
  3.25     Section 1 is effective July 1, 1995.  Section 6 is 
  3.26  effective the day following final enactment.