Minnesota Session Laws - 1989, Regular Session

  

                         Laws of Minnesota 1989 

                        CHAPTER 303-S.F.No. 431 
           An act relating to public safety; regulating the 
          operation and operators of elevators; imposing 
          penalties; appropriating money; amending Minnesota 
          Statutes 1988, sections 16B.70, subdivision 1; 
          183.351, by adding subdivisions; and 183.355; 
          proposing coding for new law in Minnesota Statutes, 
          chapter 183. 
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
    Section 1.  Minnesota Statutes 1988, section 16B.70, 
subdivision 1, is amended to read: 
    Subdivision 1.  [COMPUTATION.] To defray the costs of 
administering sections 16B.59 to 16B.73, a surcharge is imposed 
on all permits issued by municipalities in connection with the 
construction of or addition or alteration to buildings and 
equipment or appurtenances after June 30, 1971, as follows:  
    If the fee for the permit issued is fixed in amount the 
surcharge is equivalent to one-half mill (.0005) of the fee or 
50 cents, whichever amount is greater.  For all other permits, 
the surcharge is as follows:  (a) (1) if the valuation of the 
structure, addition, or alteration is $1,000,000 or less, the 
surcharge is equivalent to one-half mill (.0005) of the 
valuation of the structure, addition, or alteration; (b) (2) if 
the valuation is greater than $1,000,000, the surcharge is $500 
plus two-fifths mill (.0004) of the value between $1,000,000 and 
$2,000,000; (c) (3) if the valuation is greater than $2,000,000 
the surcharge is $900 plus three-tenths mill (.0003) of the 
value between $2,000,000 and $3,000,000; (d) (4) if the 
valuation is greater than $3,000,000 the surcharge is $1,200 
plus one-fifth mill (.0002) of the value between $3,000,000 and 
$4,000,000; (e) (5) if the valuation is greater than $4,000,000 
the surcharge is $1,400 plus one-tenth mill (.0001) of the value 
between $4,000,000 and $5,000,000; and (f) (6) if the valuation 
exceeds $5,000,000 the surcharge is $1,500 plus one-twentieth 
mill (.00005) of the value which that exceeds $5,000,000.  
    By September 1 of each odd-numbered year, the commissioner 
shall rebate to municipalities any money received under this 
section and section 16B.62 in the previous biennium in excess of 
the cost to the building code division and the passenger 
elevator inspector in the department of labor and industry in 
that biennium of carrying out their its duties under sections 
16B.59 to 16B.73.  The rebate to each municipality must be in 
proportion to the amount of the surcharges collected by that 
municipality and remitted to the state.  The amount necessary to 
meet the commissioner's rebate obligations under this 
subdivision is appropriated to the commissioner from the special 
revenue fund. 
    Sec. 2.  [183.001] [ADMINISTRATION, PENALTIES.] 
    The commissioner of the department of labor and industry 
shall administer chapter 183.  In addition to the remedies 
provided for violations of this chapter, the commissioner may 
impose a penalty of up to $1,000 for a violation of any 
provision of this chapter. 
    Sec. 3.  [183.02] [DEFINITIONS.] 
    Subdivision 1.  [SCOPE.] When used in this chapter, the 
terms defined in this section have the meanings given them.  
    Subd. 2.  [COMMISSIONER.] "Commissioner" means the 
commissioner of the department of labor and industry. 
    Subd. 3.  [DEPARTMENT.] "Department" means the department 
of labor and industry.  
    Sec. 4.  [183.022] [ELEVATOR AVAILABLE FOR INSPECTION.] 
    A person, firm, entity, or corporation that owns or 
controls a building or other structure housing an elevator that 
is subject to inspection by the department, shall, upon request, 
provide access at a reasonable hour to the elevator for purposes 
of inspection. 
    Sec. 5.  Minnesota Statutes 1988, section 183.351, is 
amended by adding a subdivision to read: 
    Subd. 5.  As used in this chapter, "elevator" means moving 
walks and vertical transportation devices such as escalators, 
passenger elevators, freight elevators, dumbwaiters, handpowered 
elevators, endless belt lifts, and wheelchair platform lifts, 
but does not include external temporary material lifts, 
temporary construction personnel elevators at sites of 
construction of new or remodeled buildings, or elevators in 
owner-occupied buildings of no more than four living units. 
    Sec. 6.  Minnesota Statutes 1988, section 183.351, is 
amended by adding a subdivision to read: 
    Subd. 6.  [MUNICIPALITY.] "Municipality," as used in 
sections 183.351 to 183.358, means a city, county, or town 
meeting the requirements of section 368.01, subdivision 1. 
    Sec. 7.  Minnesota Statutes 1988, section 183.355, is 
amended to read: 
    183.355 [VIOLATIONS, PENALTIES.] 
    Subdivision 1.  [REMOVAL OF SEAL.] Any No person, firm or 
corporation who violates any of the provisions of sections 
183.351 to 183.355 or who removes may remove any seal or notice 
forbidding the use of any such an elevator, except by authority 
of the department of labor and industry or the licensing 
authority having jurisdiction over such the elevator, or who 
operates operate such an elevator after such a notice has 
been attached forbidding its use, unless such the notice has 
been removed by authority of the department of labor and 
industry or the licensing authority having jurisdiction 
over such the elevator shall be guilty of a misdemeanor.  
    Subd. 2.  [FALSE CERTIFICATION.] No inspector, or other 
party authorized by this section or by rule to inspect 
elevators, may falsely certify the safety of an elevator, or 
grant a license or permit contrary to any provision of this 
chapter. 
    Subd. 3.  [MINIMUM REQUIREMENTS.] No person, firm, or 
corporation may construct, install, or repair an elevator that 
does not meet the minimum requirements of this chapter, adopted 
rules, or national codes adopted by rule. 
    Sec. 8.  [183.357] [FEES FOR LICENSURE AND INSPECTION.] 
    Subdivision 1.  [PERMITS.] No person, firm, or corporation 
may construct or install an elevator without first filing an 
application for a permit with the department of labor and 
industry or a municipality authorized by subdivision 3 to 
inspect elevators.  Projects under actual construction before 
July 1, 1989, are not required to obtain a permit from the 
department.  Upon successfully completing inspection and the 
payment of the appropriate fee, the owner must be granted an 
operating permit for the elevator. 
    Subd. 2.  [CONTRACTOR LICENSES.] The commissioner may 
establish criteria for the qualifications of elevator 
contractors and issue licenses based upon proof of the 
applicant's qualifications.  
    Subd. 3.  [PERMISSIVE MUNICIPAL REGULATION.] A municipality 
that conducts a system of elevator inspection on a periodic 
basis in conformity with this chapter, state building code 
requirements, and adopted rules, and that employs or contracts 
with inspectors meeting the minimum requirements established by 
rule, may provide for the inspection of elevator installation, 
repair, construction, and the periodic routine inspection of 
elevators.  A municipality may not adopt standards that do not 
conform to the uniform standards prescribed by the department. 
     If a municipality does not conduct elevator inspections as 
provided in this chapter, or if the commissioner determines that 
a municipality is not properly administering and enforcing the 
law, rules, and codes, the commissioner shall have the 
inspection, administration, and enforcement undertaken by a 
qualified inspector employed by the department. 
    Subd. 4.  [DEPOSIT OF FEES.] Fees received under this 
section must be deposited in the state treasury and credited to 
the special revenue fund. 
    Sec. 9.  [183.358] [RULES.] 
    The commissioner may adopt rules for the following purposes:
    (1) to set a fee under section 16A.128 for processing a 
construction or installation permit or elevator contractor 
license application; 
    (2) to set a fee under section 16A.128 to cover the cost of 
elevator inspections; 
    (3) to establish minimum qualifications for elevator 
inspectors that must include possession of a current journeyman 
elevator electrician's license issued by the state board of 
electricity and proof of successful completion of the national 
elevator construction mechanic examination or equivalent 
experience; 
    (4) to establish criteria for the qualifications of 
elevator contractors; 
    (5) to establish elevator standards under sections 16B.61, 
subdivisions 1 and 2, and 16B.64; and 
    (6) to establish procedures for appeals of decisions of the 
commissioner under chapter 14 and procedures allowing the 
commissioner, before issuing a decision, to seek advice from the 
elevator trade, building owners or managers, and others 
knowledgeable in the installation, construction, and repair of 
elevators. 
     Sec. 10.  [APPROPRIATION.] 
    $324,000 is appropriated from the special revenue fund to 
the commissioner of labor and industry to conduct elevator 
inspections under this act.  $162,000 is for fiscal year 1990 
and $162,000 is for fiscal year 1991.  The approved complement 
of the department of labor and industry is increased by four 
positions. 
    Presented to the governor May 30, 1989 
    Signed by the governor June 1, 1989, 10:51 p.m.