HF 2715

1st 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; amending Minnesota Statutes 1995 
  1.4             Supplement, sections 16B.747, subdivisions 1 and 2; 
  1.5             and 16B.748; proposing coding for new law in Minnesota 
  1.6             Statutes, chapter 16B. 
  1.7   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.8      Section 1.  Minnesota Statutes 1995 Supplement, section 
  1.9   16B.747, subdivision 1, is amended to read: 
  1.10     Subdivision 1.  [PERMITS.] No person, firm, or corporation 
  1.11  may construct, install, alter, or remove an elevator 
  1.12  without first filing an application for obtaining a permit 
  1.13  with from the department of administration or a municipality 
  1.14  authorized by subdivision 3 to inspect elevators.  Upon 
  1.15  successfully completing inspection and the payment of the 
  1.16  appropriate fee, the owner must be granted an operating permit 
  1.17  for the elevator. 
  1.18     Sec. 2.  Minnesota Statutes 1995 Supplement, section 
  1.19  16B.747, subdivision 2, is amended to read: 
  1.20     Subd. 2.  [CONTRACTOR LICENSES.] The commissioner may by 
  1.21  rule establish criteria for the qualifications of elevator 
  1.22  contractors and issue licenses based upon proof of the 
  1.23  applicant's qualifications.  
  1.24     Sec. 3.  Minnesota Statutes 1995 Supplement, section 
  1.25  16B.748, is amended to read: 
  1.26     16B.748 [RULES.] 
  2.1      The commissioner may adopt rules for the following purposes:
  2.2      (1) to set a fee under section 16A.128 16A.1285 for 
  2.3   processing a construction or installation permit or elevator 
  2.4   contractor license application; 
  2.5      (2) to set a fee under section 16A.128 16A.1285 to cover 
  2.6   the cost of elevator inspections; 
  2.7      (3) to establish minimum qualifications for elevator 
  2.8   inspectors that must include possession of a current elevator 
  2.9   constructor electrician's license issued by the state board of 
  2.10  electricity and proof of successful completion of the national 
  2.11  elevator industry education program examination or equivalent 
  2.12  experience; 
  2.13     (4) to establish criteria for the qualifications of 
  2.14  elevator contractors; 
  2.15     (5) to establish elevator standards under sections 16B.61, 
  2.16  subdivisions 1 and 2, and 16B.64; 
  2.17     (6) to establish procedures for appeals of decisions of the 
  2.18  commissioner under chapter 14 and procedures allowing the 
  2.19  commissioner, before issuing a decision, to seek advice from the 
  2.20  elevator trade, building owners or managers, and others 
  2.21  knowledgeable in the installation, construction, and repair of 
  2.22  elevators; and 
  2.23     (7) to establish requirements for the registration of all 
  2.24  elevators. 
  2.25     Sec. 4.  [16B.7481] [ELEVATOR MECHANICS; REGISTRATION.] 
  2.26     The wiring, installation, alteration, modernization, 
  2.27  removal, and repair of the mechanical and electrical apparatus 
  2.28  of an elevator that is used to move persons must be performed by 
  2.29  a person registered by the commissioner as an elevator mechanic 
  2.30  or by a person acting under the direct on-site supervision of a 
  2.31  registered elevator mechanic.  A registered elevator mechanic 
  2.32  may supervise not more than five persons performing work 
  2.33  otherwise required to be performed by a registered elevator 
  2.34  mechanic. 
  2.35     To be registered by the commissioner, a person must have 
  2.36  successfully completed the national elevator industry education 
  3.1   program or a program found by the commissioner to be equivalent 
  3.2   and must possess an elevator constructor or master elevator 
  3.3   constructor license issued by the state board of electricity.  
  3.4      Sec. 5.  [16B.7482] [APPLICATION.] 
  3.5      Nothing in section 16B.747, subdivision 1, or 16B.7481 
  3.6   shall be construed to require registration or licensure of a 
  3.7   person, or issuance of a permit, to demolish an elevator or to 
  3.8   do minor repair work as that term is defined in Minnesota Rules, 
  3.9   part 3800.3500, subpart 10. 
  3.10     For the purpose of this section, "demolish" means the 
  3.11  removal of an elevator from a building after the elevator car 
  3.12  and counter balances have been landed by an elevator contractor 
  3.13  using the personnel specified under section 16B.7481. 
  3.14     Sec. 6.  [EFFECTIVE DATE.] 
  3.15     Section 3 is effective the day following final enactment.  
  3.16  Section 4 is effective July 1, 1996.