• e-mail: [email protected] agenda · 26/01/2010 · agenda – neii joint government...

National Elevator Industry, Inc. ASSOCIATION HEADQUARTERS

1677 County Route 64 • P.O. Box 838 • Salem, New York 12865-0838 • 518.854.3100 Fax: 518-854-3257

CODE & SAFETY OFFICE

47 Leicester Street • Perry, New York 14530 • 585.302.0813 Fax: 585.302.0841

WWW.NEII.ORG • E-Mail: [email protected]

AGENDA

NEII GOVERNMENT AFFAIRS COMMITTEE NEII CENTRAL CODE COMMITTEE

MEETING

Tuesday, January 26, 2010 8:30 a.m. – 4:00 p.m.

The joint NEII Central Code and Government Affairs Committee meeting will take place January 26, 2010 at:

Mitsubishi Electric & Electronics USA

5665 Plaza Drive Cypress, CA 90630

See Attachment #1 for hotel information.

The meeting agenda is as follows: 1. Call to Order – 8:30 a.m., Pacific Standard Time 2. Record of Attendance. 3. Announcements. 4. Adoption of Agenda. 5. Approval of Minutes – October 29, 2009 meeting minutes.

Agenda – NEII Joint Government Affairs/Central Code Committee January 26, 2010

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6. Personnel.

Please see Attachment #2 for the NEII Government Affairs Committee roster and Attachment #3 for the NEII Central Code Committee roster. Members are requested to advise Brian Black of any corrections that should be made.

7. Model Elevator Law.

For a copy of the current Model Elevator Law click on the following link: http://www.neii.org/members/committees/25/; For a copy of the latest Elevator Law Activity File click on the following link: http://www.neii.org/members/committees/25/.

8. Model Elevator Law Comparison Matrix –Connie Campanella.

9. EIWPF – John Karnash. 10. 2009 NEII Government Affairs Committee Budget – John Karnash (Attachment #4). 11. 2010 NEII Government Affairs Committee Budget – John Karnash (Attachment #5). 12. KONE Inc. Legislative Monitoring Assignments – Todd McManus.

See Stateside Associates iStateLink Postings. (a) Alabama. (b) Colorado. (c) Illinois. (d) Maine. (e) Montana. (f) Nebraska. (g) New Mexico. (h) North Dakota. (i) South Dakota. (j) Tennessee. (k) Wyoming. 13. Otis Elevator Co. Legislative Monitoring Assignments – Peggy Webbe.

See Stateside Associates iStateLink Postings. (a) Arkansas. (b) Connecticut. (c) District of Columbia. (d) Kansas. (e) Maryland.


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(f) Massachusetts. (g) Missouri. (h) Nevada. (i) New Hampshire. (j) New York. (k) New York City (Attachment #6). (l) Oklahoma. (m) Oregon. (n) Rhode Island. (o) Vermont. (p) Washington.

14. Schindler Elevator Corp. Legislative Monitoring Assignments – John Karnash.

See Stateside Associates iStateLink Postings. (a) California. (b) Delaware. (c) Florida. (d) Georgia. (e) Idaho. (f) Indiana. (g) Iowa. (h) Louisiana. (i) Michigan. (j) New Jersey (Attachment #7). (k) North Carolina. (l) Ohio. (m) Pennsylvania. (n) Virginia (Attachment #8). (o) Wisconsin. 15. ThyssenKrupp Elevator Corp Legislative Monitoring Assignments – Jesse Matuson.

See Stateside Associates iStateLink Postings. (a) Alaska. (b) Arizona (Attachment #9). (c) Hawaii. (d) Kentucky. (e) Minnesota (f) Mississippi. (g) Puerto Rico. (h) South Carolina.

(i) Texas. (j) Utah. (k) West Virginia.


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16. Stateside Associates – Connie Campanella.

To access the NEII iStateLink click on the following link: http://www.neii.org/members/committees/25/.

17. Performance Based Code (PBC) Project – Connie Campanella. (a) 50-State A17.1 and A17.7 adoption reports (Attachment #10 and Attachment #11).

18. NEII Strategic Planning Ad Hoc Committee – Dennis Mayer.

19. California/San Francisco Destination Oriented Elevator Status – Brian Black. 20. NEII Government Relations Consultant – Dennis Mayer. 21. Other Business.

(a) Adoption of ASME A17.3 Safety Code for Existing Elevators and Escalators and its benefits to NEII and the IUEC.

22. Next Meetings.

(a) The NEII Government Affairs Committee will schedule its next teleconference meeting. (b) The next joint of the NEII Central Code and NEII Government Affairs Committees is scheduled for June 2, 2010 as a teleconference/web-based meeting.

23. Adjournment. The meeting is scheduled to adjourn around 4:00 p.m. Travel arrangements should be planned accordingly. Please advise Brian Black if you are not planning on attending. Attachments: 1. Hotel information 2. NEII Government Affairs Committee Roster 3. NEII Central Code Committee Roster 4. 2009 NEII Government Affairs Committee budget 5. 2010 NEII Government Affairs Committee budget 6. Article on NYC freight elevator/bicycle law 7. New Jersey legislation 8. Virginia legislation 9. Triadvocates’ Arizona contract 10. Stateside Associates 50-state Adoption Report 11. Stateside Associates ASME A17.7/CSA B44.7 Adoption Report

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BDBlack Codes

From: Grainer, Steve [[email protected]]Sent: Thursday, September 25, 2008 10:32 AMTo: BDBlack CodesSubject: FW: Independence Task Group ListAttachments: airports in cypress area.pdf

Brian, here are the hotels and airports for NEII Committee Meeting, John Wayne International Airport –the most logical to our location http://www.ocair.com/terminal/passengerservices.htm Los Angeles has the most flights http://www.lawa.org/lax/welcomeLAX.cfm Long Beach – small airport, most convenient, limited flights from JFK and Oakland- just a nice airport – Jet Blue has leg room http://www.longbeach.gov/airport/ Woodfin Suites- a nice hotel about four block walk or six blocks drive 5905 Corporate Avenue Cypress, CA 90630 714-828-4000 https://booker.hotelfactory.com/cgi/uzbook2.cgi?c=WD&s=WOODFIN&r=http:%2F%2Fwww.woodfinsuitehotels.com%2Fcypress&CURRENCY=USD&p=3769&IN_DATE_MM=05&IN_DATE_DD=05&IN_DATE_YY=2008&OUT_DATE_MM=05&OUT_DATE_DD=06&OUT_DATE_YY=2008&ADULTS=1&CHILDREN=0&ROOMS=1&CORP_ID=&GROUP_ID=&x=57&y=6 Marriott Residence Inn – newest, about six blocks a way 4931 Katella Avenue Los Alamitos, CA 90720 714-484-5700 http://www.marriott.com/hotels/travel/snaoc-residence-inn-cypress-los-alamitos/ Courtyard by Marriott-a typical seven or eight hotel built by Ramada, two blocks away 5865 Katella Avenue Cypress, CA 90630 714-827-1010 http://www.marriott.com/hotels/travel/lgbcp-courtyard-cypress-anaheim-orange-county/ Homestead Studio Suites- a long term stay that rents also by the night 5990 Corporate Avenue Cypress, CA 90630 714-761-2766 http://www.homesteadhotels.com/booking/selectRoom.asp?page=lodging&hotelID=26&numadults=1&numkids=0&numrooms=1&metroID=312&state=CA&inday=5&inmonth=5&inyear=2008&outday=6&outmonth=5&outyear=2008&promocode=&usercode=&rateid=ESH&CorpInfo=&DirectBill=&iata=&hssite=&WTReferrer=http%3A%2F%2Fwww%2Ehomesteadhotels%2Ecom%2Fsession2%2Easp%3Fpage%3Dhttp%253A%2F%2Fwww%2Ehomesteadhotels%2Ecom%2F%26hotelid%3D26%26state%3DCA%26metroID%3DCA312%26iata%3D%26corpinfo%3D%26numadults%3D1%26numkids%3D0%26numrooms%3D1%26inmonth%3D5%26inday%3D5%26inyear%3D2008%26outmonth%3D5%26outday%3D6%26outyear%3D2008%26rateid%3DESH%26directbill%3D%26promoCode%3D%26destpage%3Dlodging

ATTACHMENT #1 Page 1 of 2

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Attention: This message is intended only for the individual to whom it is addressed and may contain information that is confidential or privileged. If you are not the intended recipient, or the employee or person responsible for delivering it to the intended recipient, you are hereby notified that any dissemination, distribution, copying or use is strictly prohibited. If you have received this communication in error, please notify the sender and destroy or delete this communication immediately.


Government Affairs Committee

Name BRIAN BLACK

Title NEII CODE AND SAFETY CONSULTANT

Company BDBLACK CODES

Address 37 WOODBINE PARK

City GENESEO State NY Zip Code 14454

E-Mail [email protected]

725

Notes

SecretaryCategory

Phone 1 302-0813

Extension

Phone 2 237-5965

Fax 1

Mobile 354-6772

585

Area Number Area Number

585 585

Name CONSTANCE CAMPANELLA

Title PRESIDENT & CEO

Company STATESIDE ASSOCIATES

Address 2300 CLARENDON BOULEVARD, 4TH FLOOR

City ARLINGTON State VA Zip Code 22201-3367


503

Notes

MemberCategory

Phone 1 525-7466

Extension

Phone 2

Fax 1 525-7057

Mobile

703


703

Name BETSY CERIELLO

Title MANAGER LABOR RELATIONS

Company OTIS ELEVATOR COMPANY

Address ONE FARM SPRINGS ROAD

City FARMINGTON State CT Zip Code 06032


752

Notes

MemberCategory

Phone 1 676-5463

Extension

Phone 2

Fax 1 614-5563

Mobile

860


860860

Wednesday, October 14, 2009 Page 1 of 5



Name DARREN COURTNEY

Title CHIEF LEGAL OFFICER

Company FUJITEC AMERICA, INC.

Address 7258 INNOVATION WAY

City MASON State OH Zip Code 45040


494

Notes

MemberCategory

Phone 1 933-5527

Extension

Phone 2

Fax 1 933-5580

Mobile 678-6716

513


513

513

Name NANCY CRUMLEY

Title SERVICE SALES OPERATIONS MANAGER

Company THYSSENKRUPP ELEVATOR CORPORATION

Address 3615 WILLOW SPRINGS ROAD

City AUSTIN State TX Zip Code 78704


759

Notes

MemberCategory

Phone 1 886-3944

Extension

Phone 2 447-9511

Fax 1 447-3433

Mobile

888


512

512

Name STEWART M. GISSER

Title ASSOCIATE GENERAL COUNSEL

Company SCHINDLER ELEVATOR CORPORATION

Address P. O. BOX 1935

City MORRISTOWN State NJ Zip Code 07960


727

Notes

AlternateCategory

Phone 1 397-6585

Extension

Phone 2

Fax 1 397-6574

Mobile

973


973




Name JOHN S. M. KARNASH

Title VP AND GENERAL COUNSEL



City MORRISTOWN State NJ Zip Code 07962-1935


283

Notes

ChairCategory

Phone 1 397-6580

Extension

Phone 2

Fax 1 397-6574

Mobile 722-8170

973


973

973

Name JESSE MATUSON

Title DIR. REAL EST. LEASING & COMM. COUNSEL


Address 5701 PINE ISLAND ROAD, SUITE 390

City TAMARAC State FL Zip Code 33321


642

Notes

AlternateCategory

Phone 1 597-3009

Extension

Phone 2

Fax 1 726-3468

Mobile

954


954

Name DENNIS M. MAYER

Title VP AND COUNSEL


Address 1 FARM SPRINGS ROAD

City FARMINGTON State CT Zip Code 06032-


284

Notes

MemberCategory

Phone 1 676-5028

Extension

Phone 2 676-5022

Fax 1 676-5133

Mobile

860


860

860




Name TODD M. MCMANUS

Title CORPORATE COUNSEL

Company KONE INC.

Address ONE KONE COURT

City MOLINE State IL Zip Code 61265


726

Notes

AlternateCategory

Phone 1 743-5294

Extension

Phone 2

Fax 1 743-5800

Mobile

309


309

Name PETER SALAVANTIS

Title VICE PRESIDENT, PUBLIC AFFAIRS

Company MITSUBISHI ELECTRIC & ELECTRONICS USA, INC.

Address 1560 WILSON BLVD., SUITE 1175

City ARLINGTON State VA Zip Code 22209


504

Notes

MemberCategory

Phone 1 276-3519

Extension

Phone 2

Fax 1 276-8168

Mobile

703


7031

Name ERIC SCRUDDERS

Title EVP & GENERAL COUNSEL


Address 5701 PINE ISLAND ROAD, SUITE 390

City TAMARAC State FL Zip Code 33321


627

Notes

MemberCategory

Phone 1 597-3001

Extension

Phone 2

Fax 1 726-3468

Mobile 478-4324

954


954

954




Name KURT STEPANIAK

Title SENIOR VICE PRESIDENT & GENERAL COUNSEL

Company KONE INC.


City MOLINE State IL Zip Code 61265-


287

Notes

MemberCategory

Phone 1 334-9556

Extension

Phone 2 743-5892

Fax 1 743-5893

Mobile 721-6579

800


309

309

309

5892

Name PEGGY WEBBE

Title


Address ONE FARM SPRINGS ROAD

City FARMINGTON State CT Zip Code 06032


619

Notes

AlternateCategory

Phone 1 676-5012

Extension

Phone 2

Fax 1 676-5133

Mobile

860


860



Central Code Committee

Name LOUIS BIALY

Title DIRECTOR WORLDWIDE CODES & STANDARDS


Address 5 FARM SPRINGS ROAD

City FARMINGTON State CT Zip Code 06032-


56

Notes Alternate member NEII Standards Committee for ISO activities.

ChairCategory

Phone 1 676-6227

Extension

Phone 2 651-8335

Fax 1 676-6865

Mobile 839-0961

860


860

860

860

Name BRIAN BLACK

Title NEII CODE AND SAFETY CONSULTANT

Company BDBLACK CODES

Address 37 WOODBINE PARK

City GENESEO State NY Zip Code 14454


725

Notes

SecretaryCategory

Phone 1 302-0813

Extension

Phone 2 237-5965

Fax 1

Mobile 354-6772

585


585 585

Name JOSEPH BUSSE

Title EXECUTIVE CHIEF ENGINEER, INTERNAL AUDITOR

Company FUJITEC AMERICA, INC.

Address 7258 INNOVATION WAY

City MASON State OH Zip Code 45040


300

Notes

MemberCategory

Phone 1 932-8000

Extension

Phone 2

Fax 1 933-5582

Mobile 739-0802

513


513

513

203




Name STEVE GRAINER

Title SPECIAL PROJECTS MANAGER

Company MITSUBISHI ELECTRIC & ELECTRONICS USA, INC.

Address 5665 PLAZA DRIVE, PO BOX 6077

City CYPRESS State CA Zip Code 90630-0007


461

Notes

MemberCategory

Phone 1 220-4841

Extension

Phone 2 220-4800

Fax 1 220-4812

Mobile 448-5796

714


714

714

714

Name PHILLIP HAMPTON

Title CHIEF ENGINEER


Address 9280 CRESTWYN HILLS DRIVE

City MEMPHIS State TN Zip Code 38125


623

Notes

MemberCategory

Phone 1 261-1550

Extension

Phone 2

Fax 1 860-2598

Mobile 210-9275

901


901

901

Name DOUG HENDERSON

Title ENGINEER



City MIDDLETON State TN Zip Code 38052


624

Notes

AlternateCategory

Phone 1

Extension

Phone 2

Fax 1 376-1913

Mobile 652-3649


731

901




Name ANDREW JUHASZ

Title MANAGER, CODES & STANDARDS

Company KONE INC.


City MOLINE State IL Zip Code 61265-


111

Notes

MemberCategory

Phone 1 334-9556

Extension

Phone 2 743-5525

Fax 1 743-5530

Mobile

800


309

3095525

Name DAVID MCCOLL

Title MANAGER, CODES & STANDARDS

Company OTIS CANADA INC.

Address 1655 THE QUEENSWAY EAST

City MISSISSAUGA State ON Zip Code L4X 2Z5


272

Notes

AlternateCategory

Phone 1 272-6132

Extension

Phone 2 276-5577

Fax 1 660-9874

Mobile 500-3919

905


905

860

416

Name VINCENT P. ROBIBERO

Title NORTH AMERICAN CODE CONSULTANT



City MORRISTOWN State NJ Zip Code 07962-1935


53

Notes

MemberCategory

Phone 1 397-6018

Extension

Phone 2

Fax 1 397-6141

Mobile 216-8030

973


973

973



National Elevator Industry, Inc.

2009 GAC Services

Budget Report (1)

BILL DATE ISSUE & FIRM CONTRACT

AMOUNT

CONTRACT

PAYMENT

BALANCE OF

CONTRACT

NON‐CONTRACT

PAYMENT

TOTAL PAID

MONITORING

Legislative & Regulatory Monitoring

Stateside Associates $111,000.00

8‐Dec‐08 1st Quarter $27,750.00

12‐Mar‐09 2nd Quarter $27,750.00

12‐Jun‐09 3rd Quarter $27,750.00

16‐Sep‐09 4th Quarter $27,750.00 $0.00

Elevator Safety Board Directory

Stateside Associates $8,000.00 $8,000.00

3‐Dec‐08 NOTE: 2008 invoice received 7‐Mar‐09 $4,000.00

TOTAL MONITORING $119,000.00 $111,000.00 $8,000.00 $4,000.00 $115,000.00

MODEL ELEVATOR LAW (MEL) DATABASE (2) & (3) $39,950.00

12‐Jun‐09 Website development $4,922.94

18‐Jun‐09 20 Jurisdictions at $500.00 ea. $10,000.00

19‐Jun‐09 34 Jurisdictions at $625.00 ea. $21,250.00

10‐Jul‐09 Additional Jurisdictions $1,600.00 $2,177.06

TOTAL MEL DATABASE $39,950.00 $37,772.94 $2,177.06 $0.00 $37,772.94

LOBBYING

Arizona

9‐Dec‐09 Triadvocates $6,428.57 $6,428.57

California (Destination Dispatch Elevator)

5‐Feb‐09 GreenbergTraurig $6,765.20

4‐Mar‐09 GreenbergTraurig $11,250.00

9‐Apr‐09 GreenbergTraurig $733.05

6‐May‐09 GreenbergTraurig $225.00

5‐Jun‐09 GreenbergTraurig $450.00

7‐Jul‐09 GreenbergTraurig $315.00

8‐Sep‐09 GreenbergTraurig $900.00

10‐Nov‐09 GreenbergTraurig $20,677.15

1‐Dec‐09 GreenbergTraurig $495.00

Illinois $20,000.00

1‐May‐09 Lawrence J. Suffredin, Jr. $20,000.00 $0.00

Nevada $45,000.00

18‐Apr‐09 Lionel Sawyer & Collins $5,000.00

1‐May‐09 Lionel Sawyer & Collins $5,000.00

10‐Jun‐09 Lionel Sawyer & Collins $5,000.00

8‐Jul‐09 Lionel Sawyer & Collins $5,000.00

Westlaw $39.00

13‐Aug‐09 Lionel Sawyer & Collins $5,000.00

Long Distance Phone $0.63

11‐Sep‐09 Lionel Sawyer & Collins $5,000.00

Travel & Long Distance Phone $591.20

5‐Nov‐09 Lionel Sawyer & Collins $685.00 $14,315.00

TOTAL LOBBYING $71,428.57 $50,685.00 $20,743.57 $42,441.23 $93,126.23

PBC PROJECT

Stateside Associates Inc. PBC Project Management $144,000.00

19‐Dec‐08 PBC Project Management ‐ Jan $12,000.00

9‐Jan‐09 PBC Project Management ‐ Feb $12,000.00

13‐Feb‐09 PBC Project Management ‐ Mar $12,000.00

Massachusetts Lobbyist Registration Fee $109.00

FedEx Shipping $42.48

12‐Mar‐09 PBC Project Management ‐ Apr $12,000.00


10‐Apr‐09 PBC Project Management ‐ May $12,000.00

ASME Safety Code Manual $164.45


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2009 GAC Services

Budget Report (1)


AMOUNT

CONTRACT

PAYMENT

BALANCE OF

CONTRACT

NON‐CONTRACT

PAYMENT

TOTAL PAID

10‐Apr‐09 PBC Project Management ‐ Jun $12,000.00

2‐ASME A17.7 Codes $297.00

8‐Jun‐09 PBC Project Management ‐ Jul $12,000.00

Airport Parking $36.00

ASME A17.1 Code Manual $143.00

Fed‐Ex Shipping $20.09

Printing $142.37

10‐Jul‐09 PBC Project Management ‐ Aug $12,000.00

17‐Aug‐09 PBC Project Management ‐ Sep $12,000.00

Greenberg Traurig ‐ California $10,417.61

Teleconference Fees $48.46


16‐Sep‐09 PBC Project Management ‐ Sep $12,000.00

PBC Website Maintenance $75.00

PBC Website Hosting $167.76


Travel NEII CCC & NEII GAC Meeting, Ohio $435.75

19‐Oct‐09 PBC Project Management ‐ Oct $12,000.00

Meeting with ASME & AG Rep in New York City $324.30

NAEC Conference Orlando ‐ Cabs $62.35

NAEC Conference Orlando ‐ Registration $1,260.00

Luncy with Lobbyist Bob Rodophele ‐ Orlando $47.79

24‐Nov‐09 PBC Project Management ‐ Nov $12,000.00 $0.00

GreenbergTraurig $10,240.00

ASME Coalition Meeting ‐ Orlando (Robert Holden)

Flight $148.56

Airport Parking $41.40

Elevator Conference ‐ Orlando

Hotel $244.12

Flight $601.68

Registration Credit ($615.00)

ISO Guide 65 $56.03

21‐Dec‐09 Elevator Conference ‐ Orlando

Hotel $270.38

Baggage Fee $23.00

Copies of PBC for California District Offices $948.74

TOTAL PBC PROJECT $144,000.00 $144,000.00 $0.00 $25,957.27 $169,957.27

$374,378.57 $343,457.94 $30,920.63 $72,398.50 $415,856.44

NOTES:

(1) NEII 2009 GAC Services Budget $600,000.00

(2) Database Development $18,700.00 + Data Entry $21,500.00

(3) Paid $13,680.00 Towards Database Development in 2008

TOTAL MONITORING, MEL DATABASE, LOBBYING & PBC PROJECT (1)

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2010 GAC Services

Budget Report (1)


AMOUNT

CONTRACT

PAYMENT

BALANCE OF

CONTRACT

NON‐CONTRACT

PAYMENT

TOTAL PAID

MONITORING

Legislative & Regulatory Monitoring

Stateside Associates $111,000.00 $111,000.00

Elevator Safety Board Directory

Stateside Associates $0.00 $0.00

TOTAL MONITORING $111,000.00 $0.00 $111,000.00 $0.00 $0.00

MODEL ELEVATOR LAW (MEL) DATABASE $10,000.00 $10,000.00

TOTAL MEL DATABASE $10,000.00 $0.00 $10,000.00 $0.00 $0.00

LOBBYING

Arizona

9‐Dec‐09 Triadvocates $38,571.43 $38,571.43

TOTAL LOBBYING $38,571.43 $0.00 $38,571.43 $0.00 $0.00

PBC PROJECT

Stateside Associates Inc. PBC Project Management $120,000.00 $120,000.00

TOTAL PBC PROJECT $120,000.00 $0.00 $120,000.00 $0.00 $0.00

$279,571.43 $0.00 $279,571.43 $0.00 $0.00

NOTES:

(1) NEII 2010 GAC Services Budget $535,000.00

TOTAL MONITORING, MEL DATABASE, LOBBYING & PBC PROJECT (1)

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/urbanite-1.812039/bill-requiring-offices-provide-elevator-access-for-bicycles-takes-effect-1.1647695

Thursday December 10, 2009 4:29 PM By Heather Haddon

Whisking one’s bike into the office is finally getting easier.

A new law requiring landlords allow workers bring their bikes up in freightelevators took effect Friday, making New York the first city to requirebicycle access in commercial buildings. Nearly all city office buildings havefreight elevators, and some of the Big Apple’s largest landlords, such as

Trinity Real Estate and Silverstein Properties, have already started complying, according toTransportation Alternatives, an advocacy group. Here’s how it works:

- Workers who want bring their bikes to the office should speak to their employer. If theyagree, the employer petitions the city to have the landlord develop a bicycle access plan.Landlords must complete the plan in 30 days, or appeal to the city for a waver.

- The plan must provide freight elevator access during regular operating hours, andinformation about how to find the elevator.

- Landlords can get an exemption if they provide free bike parking elsewhere, or the freightelevator poses a safety risk.

For more information, see: http://nyc.gov/html/dot/html/bicyclists/bikesinbuildings.shtml

< back to article

am New York http://www.amny.com/urbanite-1.812039/bill-requiring-offices-provide-e...

1 of 1 1/1/2010 11:30 AM


SENATE, No. 3102

STATE OF NEW JERSEY 213th LEGISLATURE

INTRODUCED NOVEMBER 23, 2009

Sponsored by: Senator STEPHEN M. SWEENEY District 3 (Salem, Cumberland and Gloucester) SYNOPSIS Provides for licensure of elevator, escalator, and moving sidewalk contractors by State board.

CURRENT VERSION OF TEXT As introduced.


S3102 SWEENEY

2

EXPLANATION – Matter enclosed in bold-faced brackets [thus] in the above bill is not enacted and is intended to be omitted in the law. Matter underlined thus is new matter.

AN ACT concerning the licensing of persons responsible for the 1 installation, repair, or maintenance of elevators, escalators, and 2 moving walkways, supplementing chapter 14 of Title 45 of the 3 Revised Statutes and amending P.L.1997, c.336. 4

5 BE IT ENACTED by the Senate and General Assembly of the State 6 of New Jersey: 7 8 1. (New section) The Legislature finds and declares that the 9 citizens and residents of the State of New Jersey are entitled to the 10 maximum protection practicable when using elevator, escalator, and 11 moving walkway devices, and that the protection can be increased 12 by requiring appropriate training and experience for persons 13 installing, repairing, and maintaining those devices. It is therefore 14 necessary for the public good to establish standards of education, 15 training, and experience for these installers and mechanics and to 16 provide for their appropriate examination and certification. 17 18 2. (New section) There is created within the Division of 19 Consumer Affairs in the Department of Law and Public Safety the 20 Elevator, Escalator, and Moving Walkway Contractors Licensing 21 Board. Members of the board shall be appointed by the Governor. 22 The board shall consist of seven members who are residents of the 23 State of New Jersey. In addition to the two public members 24 appointed to represent the interests of the public pursuant to the 25 provisions of subsection b. of section 2 of P.L.1971, c.60 (C.45:1-26 2.2) and who shall be representatives of municipal government, one 27 member shall be from a department in the Executive Branch of 28 State Government, who shall serve without compensation at the 29 pleasure of the Governor, and the remaining four members shall 30 consist of the following: 31 One individual who represents the interests of a major elevator, 32 escalator, or moving walkway manufacturing company; 33 One individual who is primarily engaged in the business of 34 elevator, escalator, or moving walkway installation, alteration, 35 repair, or maintenance of those devices; 36 One individual who represents the interests of the elevator 37 architectural design community; and 38 One representative from a major labor organization that 39 represents elevator service contractors. 40 The Governor shall appoint each member, other than the State 41 executive department member, for a term of four years, except that 42 of the members first appointed, other than the State executive 43 department member, three shall serve for a term of four years, two 44 shall serve for a term of three years, and one shall serve for a term 45


S3102 SWEENEY

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of two years, as determined by the Governor. Any vacancy in the 1 membership shall be filled for the unexpired term in the manner 2 provided for the original appointment. No member of the board 3 may serve more than two successive terms in addition to any 4 unexpired term to which he has been appointed. The Governor may 5 remove any member of the board, other than the State executive 6 department member, for cause. 7 The board shall meet at such times as the board deems necessary, 8 and may form such committees as is deemed necessary for the 9 purpose of conducting disciplinary proceedings, or otherwise. 10 11 3. (New section) The Elevator, Escalator, and Moving 12 Walkway Contractors Licensing Board shall, in addition to other 13 powers and duties that it may possess by law: 14 a. Examine and pass on the qualifications of all applicants for 15 license subject to its jurisdiction, and issue a license to each 16 qualified successful applicant; 17 b. Examine, evaluate and supervise all examinations and 18 procedures; 19 c. Adopt a seal which shall be affixed to all licenses issued by 20 it; 21 d. Adopt rules and regulations pursuant to the "Administrative 22 Procedure Act," P.L.1968, c.410 (C.52:14B 1 et seq.) as it may 23 deem necessary to enable it to perform its duties under, and to 24 enforce, the provisions of this act; 25 e. Annually publish a list of the names and addresses of all 26 persons who are licensed under this act; 27 f. Establish standards for continuing education, which at a 28 minimum shall include eight hours of instruction to be completed 29 within one year immediately preceding any license renewal; and 30 g. Prescribe or change the charges for examinations, licensures, 31 renewals, and other services performed pursuant to P.L.1974, c.46 32 (C.45:1-3.1 et seq.). 33 34 4. (New section) Any person desiring to obtain an elevator, 35 escalator, and moving walkway contractor’s license, which shall 36 authorize such licensee to install, alter, maintain, service, repair, or 37 test elevators, escalators, and moving walkways, shall make 38 application for licensure to the Elevator, Escalator, and Moving 39 Walkway Contractors Licensing Board, pay all the fees required in 40 connection with the application, and be examined as required by 41 section 6 of P.L. , c. (C. ) (pending before the Legislature as 42 this bill). 43 44 5. (New section) a. On or after the effective date of 45 P.L. , c. (C. ) (pending before the Legislature as this bill), a 46 person shall not: 47 (1) install; 48


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(2) construct; 1 (3) alter; 2 (4) service; 3 (5) repair; 4 (6) test; or 5 (7) maintain 6 elevator, escalator, or moving walkway devices, or use the title or 7 designation of "licensed" in any manner concerning these activities, 8 unless licensed as an elevator, escalator, and moving walkway 9 contractor pursuant to the provisions of P.L. , c. (C. ) 10 (pending before the Legislature as this bill), or working under the 11 supervision of a person so licensed, such as an apprentice. 12 b. A person, firm, partnership, corporation or other legal entity 13 shall not engage in the business of contracting or advertise in any 14 manner as an elevator, escalator, and moving walkway contractor or 15 use the title or designation of "licensed elevator contractor," 16 "licensed escalator contractor," or "licensed moving walkway 17 contractor," unless duly licensed to act as such. 18 c. A license issued pursuant to P.L. , c. (C. ) (pending 19 before the Legislature as this bill) shall not be transferable. 20 d. Not less than 30 days and not more than 60 days prior to the 21 date set for the examination for a license as an elevator, escalator, 22 and moving walkway contractor, every person desiring to apply for 23 a license, who meets the qualifications as set forth in this act, shall 24 deliver to the board, personally or by certified mail, return receipt 25 requested, postage prepaid, a certified check or money order 26 payable to the Treasurer of the State of New Jersey in the required 27 amount, together with a written application required by the board, 28 completed as described in the application, and together with proof 29 that the applicant qualifies in accordance with this act. 30 The qualifications for a contractor's license under this act shall 31 be as follows: The person shall be 21 or more years of age and a 32 citizen or legal resident of the United States, and shall have been 33 employed within the State in the capacity of at least one of the 34 elevator, escalator, and moving walkway trade businesses set forth 35 in subsection a. of this section for a period of three years next 36 preceding the application date for the license. The person also shall 37 have completed an apprenticeship program approved by the U.S. 38 Department of Labor, or the State Apprenticeship Council 39 established pursuant to P.L.1953, c. 198 (34:1A-36). 40 The applicant, if registered as a builder with the Department of 41 Community Affairs, shall not be in any negative standing on the 42 registration list. An applicant shall be afforded an opportunity to 43 correct a negative standing, either by remedial action or by 44 reporting any inaccuracies for correction. 45 Proof of compliance with the qualifications, or those in lieu 46 thereof, shall be submitted to the board in writing, sworn to by the 47


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applicant, and accompanied by two recent passport size color 1 photographs of the applicant. 2 3 6. (New section) a. Every elevator, escalator, and moving 4 walkway contractor’s license examination shall be substantially 5 uniform and shall be designed so as to establish the competence and 6 qualifications of the applicant to perform the type of work for 7 which licensure is sought. The examination may be theoretical or 8 practical in nature, or both. Proof of passage of the National 9 Elevator Industry Educational Program (NEIEP) examination shall 10 be sufficient to satisfy the examination requirement of this section. 11 The examination may be waived if the applicant provides adequate 12 proof to the board of employment as an elevator, escalator, or 13 moving walkway contractor within the State for at least three years 14 immediately prior to the date of application without the direct and 15 immediate supervision of an elevator, escalator, and moving 16 walkway contractor licensed to do business within the State. 17 b. The examination shall be held at least four times a year, at 18 Trenton or other place the board deems necessary. Public notice of 19 the time and place of the examination shall be given by the board in 20 accordance with the "Senator Byron M. Baer Open Public Meetings 21 Act," P.L.1975, c.231 (C.10:4-6 et seq.). 22 c. No person who has failed the examination shall be eligible 23 to be reexamined for a period of six months from the date of the 24 examination failed by that person. 25 d. All applicants for elevator, escalator, and moving walkway 26 contractor's licenses, renewals or reexaminations shall pay a fee for 27 each license issuance or renewal, or reexamination as determined by 28 the board. 29 30 7. (New section) Elevator contractors’ licenses shall be 31 renewed biennially by the board upon written application of the 32 holder and payment of the prescribed fee and renewal of the bond 33 required by section 10 of P.L. , c. (C. ) (pending before the 34 Legislature as this bill). A license may be renewed without 35 reexamination, if the application for renewal is made within 30 days 36 next preceding or following the scheduled expiration date. Any 37 applicant for renewal making application at any time subsequent to 38 the 30th day next following the scheduled expiration date may be 39 required by the board to be reexamined, and that person shall not 40 continue to act as a licensed contractor in the elevator trade, as 41 described in this act, and no firm, corporation or other legal entity 42 for which the person is the bona fide representative shall operate 43 under a license in the elevator trade, as described in this act, until a 44 valid license has been secured or is held by a bona fide 45 representative. 46 Any license expiring while the holder is outside the continental 47 limits of the United States in connection with any project 48


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undertaken by the government of the United States, or while in the 1 services of the Armed Forces of the United States, shall be renewed 2 without the holder being required to be reexamined, upon payment 3 of the prescribed fee at any time within four months after the 4 person's return to the United States or discharge from the armed 5 forces, whichever is later. 6 7 8. (New section) a. The board may in its discretion grant 8 licenses without examination to applicants so licensed by other 9 states; provided that equal reciprocity is provided for New Jersey 10 licensed contractors by the law of the applicant's domiciliary state 11 and provided further that the domiciliary state's standards are equal 12 to or comparable to those of this State. 13 b. In the event that a State of Emergency has been declared in 14 the State, and there are not a sufficient number of persons holding 15 licenses as elevator contractors to cope with the emergency, the 16 board may in its discretion issue temporary licenses with such 17 requirements as the board deems necessary, which requirements 18 shall be promulgated pursuant to the Administrative Procedure Act, 19 P.L.1968, c. 410 (C.52:14B-1 et seq.). Temporary licenses 20 authorized by the board shall not be valid for a period exceeding 45 21 days. 22 23 9. (New section) Notwithstanding any other provision of this 24 act to the contrary, the board shall, upon application to it and 25 submission of satisfactory proof and the payment of the prescribed 26 fee within 12 months following the effective date of this act, issue 27 an elevator, escalator, and moving walkway contractor license 28 without examination to any person, provided proof of one of the 29 following subsections is provided: 30 a. proof of acceptable work experience in the elevator, 31 escalator, and moving walkway industry in the installation, 32 construction, alteration, repair, maintenance, or testing, or any 33 combination thereof, as verified through previous and current 34 employers and copies of filed income tax returns or W-2 or 1099 35 forms, and proof of successful passage of an examination for 36 elevator mechanics offered by a nationally recognized training 37 program for the elevator, escalator. and moving walkway industry, 38 such as the national Elevator Educational Program or an equivalent 39 program; 40 b. Proof of acceptable work experience by the applicant in the 41 elevator, escalator, and moving walkway industry in the 42 installation, construction, alteration, repair, maintenance, or testing, 43 or any combination thereof, without direct and immediate 44 supervision, as verified by previous and current employers or 45 through building permits reflecting the applicant's name, or a 46 company for which the applicant was an agent, or through proof of 47 insurance or bonds issued covering the applicant, or letters of 48


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reference from construction code officials who have examined the 1 applicant's work; or 2 c. Proof of successful completion of an apprenticeship program 3 approved by the U.S. Department of Labor, or the State 4 Apprenticeship Council established pursuant to section 1 of 5 P.L.1953, c.198 (C.34:1A-36). 6 d. A person entitled to a license under the provisions of this 7 section shall comply with the remaining provisions of this act. 8 9 10. (New section) A contractor shall subcontract all elevator, 10 escalator, and moving walkway installation work, unless the 11 contractor holds an elevator, escalator, and moving walkway 12 contractor's license to install those devices. 13 14 11. (New section) a. The license of an elevator contractor may 15 be suspended for a fixed period, or may be revoked, or the licensee 16 may be censured, reprimanded or otherwise disciplined, in 17 accordance with the provisions and procedures defined 18 P.L. , c. (C. ) (pending before the Legislature as this bill), if 19 after due hearing it is determined that the licensee: 20 (1) Is guilty of any fraud or deceit in the licensee’s activities as 21 an elevator contractor, including making false statements as to a 22 material matter in the application for the license, or has been guilty 23 of any fraud, deceit, or bribery in procuring his license; 24 (2) Has failed to notify the board or the owner or lessee of an 25 elevator of a condition not in compliance with the elevator subcode 26 of the State Uniform Construction Code; 27 (3) Has aided and abetted a person who is not a licensed elevator 28 contractor to engage in the activities of a licensed elevator 29 contractor, other than an approved apprenticeship program; 30 (4) Has been guilty of unethical conduct as defined by rules 31 promulgated by the commission; or 32 (5) Has continued to practice without obtaining a license renewal 33 as required by this act. 34 b. (1) The charges may be referred by any person, corporation, 35 association or public officer, or by the board in the first instance. A 36 copy thereof, together with a report of the investigation, shall be 37 referred to the board for a recommendation. The board shall review 38 the information, and determine whether action may be necessary. If 39 action may be considered against a licensee, the board shall provide 40 a hearing, and provide written notice thereof, either by registered 41 mail or personal service, at least 10 days prior to the date set for 42 such hearing, to the address of record of the licensee. The notice 43 shall set forth the time, date and location of the hearing, and shall 44 set forth a statement of the allegations constituting the grounds for 45 the charges against the licensee. The board shall make a 46 determination within 48 hours of the hearing whether the licensee 47 will be sanctioned. 48


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(2) Any person whose license is revoked, suspended, or subject 1 to a civil penalty, may appeal the matter to the Office of 2 Administrative Law for a hearing before an administrative law 3 judge, pursuant to the "Administrative Procedure Act," P.L.1968, c. 4 410 (C. 52:14B-1 et seq.). For the purpose of this section, the 5 board, its committee, or the administrative law judge shall have 6 power to issue subpoenas for the appearance of witnesses, and to 7 take testimony under oath. Upon review of the record of the 8 hearing, the reviewing entity may affirm, modify or reject the 9 written report and recommendation of the board. 10 c. When the license of any person has been revoked or 11 annulled, as herein provided, the board may, after the expiration of 12 three years, accept an application for restoration of the license. 13 14 12. (New section) In addition to any other bonds that may be 15 required pursuant to contract, no elevator contractor licensed under 16 this act shall undertake to do any construction work in the State 17 unless and until he shall have first entered into a bond in favor of 18 the State of New Jersey in the sum of $3,000 executed by a surety 19 company authorized to transact business in this State, approved by 20 the Department of Banking and Insurance and to be conditioned on 21 the faithful performance of the provisions of this act. No 22 municipality shall require any similar bond from any construction 23 contractor licensed under this act. This section shall not apply to 24 elevator mechanic license holders. The board shall by rule and 25 regulation provide who shall be eligible to receive the financial 26 protection afforded by the bond required to be filed by this section. 27 The bond shall be for the term of 12 months and shall be renewed at 28 each expiration for a similar period. 29 30 13. Section 1 of P.L.1971, c.60 (C.45:1-2.1) is amended to read 31 as follows: 32 1. The provisions of this act shall apply to the following boards 33 and commissions: the New Jersey State Board of Accountancy, the 34 New Jersey State Board of Architects, the New Jersey State Board 35 of Cosmetology and Hairstyling, the Board of Examiners of 36 Electrical Contractors, the New Jersey State Board of Dentistry, the 37 State Board of Mortuary Science of New Jersey, the State Board of 38 Professional Engineers and Land Surveyors, the State Board of 39 Marriage and Family Therapy Examiners, the State Board of 40 Medical Examiners, the New Jersey Board of Nursing, the New 41 Jersey State Board of Optometrists, the State Board of Examiners of 42 Ophthalmic Dispensers and Ophthalmic Technicians, the Board of 43 Pharmacy, the State Board of Professional Planners, the State Board 44 of Psychological Examiners, the State Board of Examiners of 45 Master Plumbers, the New Jersey Real Estate Commission, the 46 State Board of Court Reporting, the State Board of Veterinary 47 Medical Examiners, the Radiologic Technology Board of 48


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Examiners, the Acupuncture Examining Board, the State Board of 1 Chiropractic Examiners, the State Board of Respiratory Care, the 2 State Real Estate Appraiser Board, the State Board of Social Work 3 Examiners, the Elevator, Escalator, and Moving Walkway 4 Contractors Licensing Board, and the State Board of Physical 5 Therapy Examiners, the Orthotics and Prosthetics Board of 6 Examiners, the New Jersey Cemetery Board, the State Board of 7 Polysomnography and any other entity hereafter created under Title 8 45 to license or otherwise regulate a profession or occupation. 9 (cf: P.L.2005, c.308, s.8.) 10 11 14. Section 2 of P.L.1971, c.60 (C.45:1-2.2) is amended to read 12 as follows: 13 2. a. All members of the several professional boards and 14 commissions shall be appointed by the Governor in the manner 15 prescribed by law; except in appointing members other than those 16 appointed pursuant to subsection b. or subsection c., the Governor 17 shall give due consideration to, but shall not be bound by, 18 recommendations submitted by the appropriate professional 19 organizations of this State. 20 b. In addition to the membership otherwise prescribed by law, 21 the Governor shall appoint in the same manner as presently 22 prescribed by law for the appointment of members, two additional 23 members to represent the interests of the public, to be known as 24 public members, to each of the following boards and commissions: 25 the New Jersey State Board of Accountancy, the New Jersey State 26 Board of Architects, the New Jersey State Board of Cosmetology 27 and Hairstyling, the New Jersey State Board of Dentistry, the State 28 Board of Mortuary Science of New Jersey, the State Board of 29 Professional Engineers and Land Surveyors, the State Board of 30 Medical Examiners, the New Jersey Board of Nursing, the New 31 Jersey State Board of Optometrists, the State Board of Examiners of 32 Ophthalmic Dispensers and Ophthalmic Technicians, the Board of 33 Pharmacy, the State Board of Professional Planners, the State Board 34 of Psychological Examiners, the New Jersey Real Estate 35 Commission, the State Board of Court Reporting, the State Board of 36 Social Work Examiners, the Elevator, Escalator, and Moving 37 Walkway Contractors Licensing Board, and the State Board of 38 Veterinary Medical Examiners, and one additional public member 39 to each of the following boards: the Board of Examiners of 40 Electrical Contractors, the State Board of Marriage and Family 41 Therapy Examiners, the State Board of Examiners of Master 42 Plumbers, and the State Real Estate Appraiser Board. Each public 43 member shall be appointed for the term prescribed for the other 44 members of the board or commission and until the appointment of 45 his successor. Vacancies shall be filled for the unexpired term only. 46 The Governor may remove any such public member after hearing, 47


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for misconduct, incompetency, neglect of duty or for any other 1 sufficient cause. 2 No public member appointed pursuant to this section shall have 3 any association or relationship with the profession or a member 4 thereof regulated by the board of which he is a member, where such 5 association or relationship would prevent such public member from 6 representing the interest of the public. Such a relationship includes 7 a relationship with members of one's immediate family; and such 8 association includes membership in the profession regulated by the 9 board. To receive services rendered in a customary client 10 relationship will not preclude a prospective public member from 11 appointment. This paragraph shall not apply to individuals who are 12 public members of boards on the effective date of this act. 13 It shall be the responsibility of the Attorney General to insure 14 that no person with the aforementioned association or relationship 15 or any other questionable or potential conflict of interest shall be 16 appointed to serve as a public member of any board regulated by 17 this section. 18 Where a board is required to examine the academic and 19 professional credentials of an applicant for licensure or to test such 20 applicant orally, no public member appointed pursuant to this 21 section shall participate in such examination process; provided, 22 however, that public members shall be given notice of and may be 23 present at all such examination processes and deliberations 24 concerning the results thereof, and, provided further, that public 25 members may participate in the development and establishment of 26 the procedures and criteria for such examination processes. 27 c. The Governor shall designate a department in the Executive 28 Branch of the State Government which is closely related to the 29 profession or occupation regulated by each of the boards or 30 commissions designated in section 1 of P.L.1971, c.60 (C.45:1-2.1) 31 and shall appoint the head of such department, or the holder of a 32 designated office or position in such department, to serve without 33 compensation at the pleasure of the Governor as a member of such 34 board or commission. 35 d. A majority of the voting members of such boards or 36 commissions shall constitute a quorum thereof and no action of any 37 such board or commission shall be taken except upon the 38 affirmative vote of a majority of the members of the entire board or 39 commission. 40 (cf: P.L.2005, c. 308, s.9) 41 42 15. Section 1 of P.L.1974, c.46 (C.45:1-3.1) is amended to read 43 as follows: 44 1. The provisions of this act shall apply to the following boards 45 and commissions: the New Jersey State Board of Accountancy, the 46 New Jersey State Board of Architects, the New Jersey State Board 47 of Cosmetology and Hairstyling, the Board of Examiners of 48


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Electrical Contractors, the New Jersey State Board of Dentistry, the 1 State Board of Mortuary Science of New Jersey, the State Board of 2 Professional Engineers and Land Surveyors, the State Board of 3 Marriage and Family Therapy Examiners, the State Board of 4 Medical Examiners, the New Jersey Board of Nursing, the New 5 Jersey State Board of Optometrists, the State Board of Examiners of 6 Ophthalmic Dispensers and Ophthalmic Technicians, the Board of 7 Pharmacy, the State Board of Professional Planners, the State Board 8 of Psychological Examiners, the State Board of Examiners of 9 Master Plumbers, the State Board of Court Reporting, the State 10 Board of Veterinary Medical Examiners, the Radiologic 11 Technology Board of Examiners, the Acupuncture Examining 12 Board, the State Board of Chiropractic Examiners, the State Board 13 of Respiratory Care, the State Real Estate Appraiser Board, the New 14 Jersey Cemetery Board, the State Board of Social Work Examiners, 15 the Elevator, Escalator, and Moving Walkway Contractors 16 Licensing Board, and the State Board of Physical Therapy 17 Examiners, the State Board of Polysomnography, the Orthotics and 18 Prosthetics Board of Examiners and any other entity hereafter 19 created under Title 45 to license or otherwise regulate a profession 20 or occupation. 21 (cf: P.L.2005, c.308, s.10) 22 23 16. Section 2 of P.L.1973, c.254 (C.45:1-9) is amended to read 24 as follows: 25 2. Any contractor licensed by the State shall indicate his 26 license or certificate number on all contracts, subcontracts, bids, 27 construction permits, and all forms of advertising as a contractor. 28 (cf: P.L.1973, c.254, s.2) 29 30 17. Section 2 of P.L.1978, c.73 (C.45:1-15) is amended to read 31 as follows: 32 2. The provisions of this act shall apply to the following boards 33 and all professions or occupations regulated by, through or with the 34 advice of those boards: the New Jersey State Board of 35 Accountancy, the New Jersey State Board of Architects, the New 36 Jersey State Board of Cosmetology and Hairstyling, the Board of 37 Examiners of Electrical Contractors, the New Jersey State Board of 38 Dentistry, the State Board of Mortuary Science of New Jersey, the 39 State Board of Professional Engineers and Land Surveyors, the 40 State Board of Marriage and Family Therapy Examiners, the State 41 Board of Medical Examiners, the New Jersey Board of Nursing, the 42 New Jersey State Board of Optometrists, the State Board of 43 Examiners of Ophthalmic Dispensers and Ophthalmic Technicians, 44 the Board of Pharmacy, the State Board of Professional Planners, 45 the State Board of Psychological Examiners, the State Board of 46 Examiners of Master Plumbers, the State Board of Court Reporting, 47 the State Board of Veterinary Medical Examiners, the State Board 48


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of Chiropractic Examiners, the State Board of Respiratory Care, the 1 State Real Estate Appraiser Board, the State Board of Social Work 2 Examiners, the Elevator, Escalator, and Moving Walkway 3 Contractors Licensing Board, the State Board of Physical Therapy 4 Examiners, the State Board of Polysomnography, the Professional 5 Counselor Examiners Committee, the New Jersey Cemetery Board, 6 the Orthotics and Prosthetics Board of Examiners, the Occupational 7 Therapy Advisory Council, the Electrologists Advisory Committee, 8 the Acupuncture Advisory Committee, the Alcohol and Drug 9 Counselor Committee, the Athletic Training Advisory Committee, 10 the Certified Psychoanalysts Advisory Committee, the Fire Alarm, 11 Burglar Alarm, and Locksmith Advisory Committee, the Home 12 Inspection Advisory Committee, the Interior Design Examination 13 and Evaluation Committee, the Hearing Aid Dispensers Examining 14 Committee, the Landscape Architect Examination and Evaluation 15 Committee, the Massage, Bodywork and Somatic Therapy 16 Examining Committee, the Perfusionists Advisory Committee, the 17 Physician Assistant Advisory Committee, and the Audiology and 18 Speech-Language Pathology Advisory Committee and any other 19 entity hereafter created under Title 45 to license or otherwise 20 regulate a profession or occupation. 21 (cf: P.L.2005, c.308, s.11) 22 23 18. Section 1 of P.L.1997, c.336 (C.52:27D-126f) is repealed. 24 25 19. This act shall take effect immediately. 26 27 28

STATEMENT 29 30

This bill would establish the Elevator Contractors Licensing 31 Board for the purposes of granting licenses to those persons 32 engaged in the business of installing, constructing, altering, 33 servicing, repairing, testing, or maintaining elevator devices. The 34 term, "elevator device" is defined under current law to include 35 elevators, dumbwaiters, wheelchair lifts, manlifts, stairway 36 chairlifts, and other devices with moving cars or platforms. The 37 term does not include escalators or moving walks. 38 The bill would not apply to those persons inspecting elevators as 39 local enforcing officials under the State Uniform Construction 40 Code. 41 Current law does not require licensure to install an elevator, 42 escalator, or moving walkway in any type of building, be it 43 residential or commercial. In addition, persons that are employed 44 by firms which are contracted to perform maintenance on elevators 45 are eligible to be qualified by the Department of Community Affairs 46 to inspect elevators for certain inspections. This bill would 47 eliminate the certification by the Department of Community 48


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Affairs, and would instead require all mechanical and maintenance 1 work on elevators to be performed by persons licensed by a State 2 board, as having the requisite skill, experience and knowledge to 3 perform these critical jobs where the public safety could be in 4 jeopardy. 5 The elevator, escalator, and moving walkway contractor’s 6 license examination will be substantially uniform and designed so 7 as to establish the competence and qualifications of the applicant to 8 perform the type of work for which licensure is sought. The 9 examination may be waived if the applicant provides adequate 10 proof to the board of employment as an elevator, escalator, or 11 moving walkway contractor within the State for at least three years 12 immediately prior to the date of application without the direct and 13 immediate supervision of an elevator, escalator, or moving walkway 14 contractor licensed to do business within the State. The bill also 15 allows licensing without a current examination under the following 16 circumstances: 17

• proof of acceptable work experience in the elevator, 18 escalator, and moving walkway industry in the installation, 19 construction, alteration, repair, maintenance or testing, or 20 any combination thereof, as verified through previous and 21 current employers and copies of filed income tax returns or 22 W-2 or 1099 forms, and proof of successful passage of an 23 examination for elevator mechanics offered by a nationally 24 recognized training program for the elevator industry, such 25 as the national Elevator Educational Program or an 26 equivalent program; 27

• Proof of acceptable work experience by the applicant in the 28 elevator, escalator, and moving walkway industry in the 29 installation, construction, alteration, repair, maintenance or 30 testing, or any combination thereof, without direct and 31 immediate supervision, as verified by previous and current 32 employers or through building permits reflecting the 33 applicant's name, or a company for which the applicant was 34 an agent, or through proof of insurance or bonds issued 35 covering the applicant, or letters of reference from 36 construction code officials who have examined the 37 applicant's work; or 38

• Proof of successful completion of an apprenticeship program 39 approved by the U.S. Department of Labor, or the State 40 Apprenticeship Council established pursuant to P.L.1953, c. 41 198 (34:1A-36). 42

The bill also grants reciprocity to those persons licensed in other 43 states in the elevator trades covered under the bill. 44 Elevator, escalator, and moving walkway safety is a subject of 45 much concern for residents in our State, as well as nationally. It is 46 hoped that the licensure process created under the bill for all of the 47 tradespersons who are crucial in the safe operation of elevator, 48


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escalator, and moving walkway devices will result in an enhanced 1 level of protection for the public. 2


1

BDBlack Codes

From: Chip Dicks [[email protected]]Sent: Saturday, January 02, 2010 1:26 PMTo: [email protected]: BDBlack Codes; Ceriello, Elizabeth A; Webbe, Peggy; [email protected];

[email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; '[email protected]'; Martin Johnson; Chip Dicks

Subject: RE: Elevator LegislationAttachments: 10101516D (Elevator Legislation 2010 GA).doc

John and all, Happy New Year. Here is the Legislative Services version of the draft legislation. I have read through it and it is verbatim the language agreed to as part of the DPOR Work Group. Just wanted you to have a version. To be specific, this is Delegate Oder’s version, but the Locke version will be the same. It will still be days and maybe as late as 1‐13 before the legislation appears on the computerized LIS. Will keep you posted. Chip John G. "Chip" Dicks FutureLaw, L.L.C. 823 East Main Street, Suite 1801 Richmond, Virginia 23219 (804) 225-5507 (Direct Dial) (804) 225-5508 (Direct Fax) E-mail: [email protected] www.futurelaw.net

From: Chip Dicks Sent: Saturday, November 14, 2009 2:16 PM To: [email protected] Cc: BDBlack Codes; Ceriello, Elizabeth A; Webbe, Peggy; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; '[email protected]'; Martin Johnson; Chip Dicks Subject: FW: Elevator Legislation John, I have a meeting with Senator Mamie Locke this coming Wednesday to discuss this legislation. Mamie is the Chair of the Senate General Laws Committee. Martin or I will confirm with you that Mamie will be our Senate patron.


2

Chip John G. "Chip" Dicks FutureLaw, L.L.C. 823 East Main Street, Suite 1801 Richmond, Virginia 23219 (804) 225-5507 (Direct Dial) (804) 225-5508 (Direct Fax) E-mail: [email protected] www.futurelaw.net

From: Chip Dicks Sent: Saturday, November 14, 2009 2:13 PM To: 'Mamie E. Locke ([email protected])'; '[email protected]' Cc: Martin Johnson; Chip Dicks Subject: FW: Elevator Legislation Mamie, I look forward to talking with you this coming Wednesday, before or after the meeting of the Virginia Housing Commission. The cover letter from Jay DeBoer describes the work group process, but basically a work group of interested parties got together with DPOR’s assistance and worked out a compromise on certification of elevator mechanics. I believe this is consensus legislation because all of the interested parties participated in the work group process. The agreed legislation is also attached. I look forward to talking with you Wednesday about being the patron of this legislation. Thanks so much. Hope you are having a good weekend. Chip John G. "Chip" Dicks FutureLaw, L.L.C. 823 East Main Street, Suite 1801 Richmond, Virginia 23219 (804) 225-5507 (Direct Dial) (804) 225-5508 (Direct Fax) E-mail: [email protected] www.futurelaw.net

From: Eric Olson [mailto:[email protected]] Sent: Tuesday, September 08, 2009 8:13 AM To: Chip Dicks Cc: Martin Johnson Subject: RE: Elevator Legislation Chip:


3

Here is a copy of what we sent to the committees.

Eric L. Olson, Executive Director Board for Contractors Department of Professional and Occupational Regulation The Perimeter Center 9960 Mayland Drive Suite 400 Richmond, Virginia 23233

From: Chip Dicks [mailto:[email protected]] Sent: Saturday, September 05, 2009 9:08 AM To: Eric Olson Cc: Jay DeBoer; Martin Johnson; Chip Dicks Subject: Elevator Legislation

Eric, Can you please shoot me a copy of the recommended elevator legislation and supporting materials considered by the Board for Contractors? We will run with it and make sure it gets introduced. Thanks and hope you are well. Chip John G. "Chip" Dicks FutureLaw, L.L.C. 823 East Main Street, Suite 1801 Richmond, Virginia 23219 (804) 225-5507 (Direct Dial) (804) 225-5508 (Direct Fax) E-mail: [email protected] www.futurelaw.net


10101516D 1/3/2010 3:33 PM Everett, Maria J. K.

1

SENATE BILL NO. __________ HOUSE BILL NO. __________

A BILL to amend and reenact § 54.1-1140, 54.1-1141, 54.1-1142, and 54.1-1143 of the Code of 1

Virginia, relating to the Board for Contractors; elevator mechanics. 2

Be it enacted by the General Assembly of Virginia: 3

1. That § 54.1-1140, 54.1-1141, 54.1-1142, and 54.1-1143 of the Code of Virginia are amended and 4

reenacted as follows: 5

§ 54.1-1140. Definition. 6

As used in this article, unless the context requires a different meaning: 7

“Accessibility mechanic” means an individual who is engaged in erecting, constructing, 8

installing, altering, servicing, repairing, testing or maintaining wheel chair lifts, incline chairlifts, dumb 9

waiters with a capacity limit of 300 pounds, and private residence elevators, in accordance with the 10

Uniform Statewide Building Code (§ 36-97 et seq.). 11

“Certified accessibility mechanic” means an individual who is certified by the Board in 12

accordance with this article to engage in work as an accessibility mechanic. 13

"Elevator mechanic" means an individual who is certified by the Board in accordance with this 14

article to engage in erecting, constructing, installing, altering, servicing, repairing, testing or maintaining 15

elevators, escalators, or related conveyances in accordance with the Uniform Statewide Building Code. 16

"Limited use/limited application endorsement” means an addition to the certification record of a 17

certified accessibility mechanic authorizing the certificate holder to erect, construct, install, alter, 18

service, repair, test, or maintain limited use/limited application elevators as defined by the Uniform 19

Statewide Building Code. 20

§ 54.1-1141. Certification required; exemption. 21

A. No person shall engage in, or offer to engage in, work as an elevator mechanic or accessibility 22

mechanic in the Commonwealth unless he has been certified under the provisions of this article. 23

Individuals certified as elevator mechanics or accessibility mechanics shall not be required to hold any 24



2

other professional or occupational license or certification; however, nothing in this subsection shall 25

prohibit an individual from holding more than one professional or occupational license or certification. 26

B. Any individual desiring to be certified as an elevator mechanic or accessibility mechanic shall 27

file a written application on a form prescribed by the Board. The application shall be accompanied by a 28

fee set by the Board pursuant to § 54.1-201. The application shall contain, at a minimum, the applicant's 29

name, place of employment, business address, and information on the knowledge, skills, abilities and 30

education or training of the applicant. 31

C. Accessibility mechanics desiring to work on limited use/limited application elevators, as 32

defined by the Uniform Statewide Building Code, shall obtain a limited use/limited application 33

endorsement on their certification. 34

D. Nothing in this article shall be construed to prevent a person who is not certified as an 35

elevator mechanic or accessibility mechanic from performing maintenance that is not related to the 36

operating integrity of an elevator, escalator, or related conveyance. 37

§ 54.1-1142. Issuance of certification; emergency certification. 38

A. The Board shall issue a certificate to practice as an elevator mechanic or certified accessibility 39

mechanic in the Commonwealth to any applicant who has submitted satisfactory evidence that he has 40

successfully: 41

1. Completed the educational requirements as required by the Board, which shall at a minimum 42

include such requirements as the Board determines will establish minimum competency on the part of 43

the applicant; 44

2. Completed the experience requirements as required by the Board, which shall at a minimum 45

consist of at least three years in the elevator industry; and 46

3. Passed an examination offered or approved by the Board. 47

B. The Board may issue a certificate to practice as an elevator mechanic or a certified 48

accessibility mechanic to any applicant who has a certification from an association completed a training 49

and education program approved by the Board that is equal to or exceeds the requirements established 50

by the Board for all applicants. 51



3

§ 54.1-1143. Continuing education. 52

A. The Board shall establish in the regulations requirements for continuing education as a 53

prerequisite to renewal of any certificate issued under this article. The Board shall require evidence of 54

knowledge of the Uniform Statewide Building Code changes as a prerequisite to renewal of any 55

certificate issued under this article. In addition, the Board may require continuing education for any 56

individual who is found to be in violation of law or regulations governing the practice of an elevator 57

mechanic certified under this article. 58

B. An elevator mechanic or a certified accessibility mechanic, as a condition of recertification 59

and as part of the recertification application, shall attest to the Board that he has completed at least eight 60

hours of continuing education, approved by the Board, in the specialty of elevator/escalator contracting. 61

The Board may establish such requirements for approval of training instructors, the criteria for the 62

continuing education and such other regulations to ensure the protection of the public interest. Such 63

criteria shall include approval of curriculum sponsored by national or state professional elevator industry 64

associations approved by the Board. 65

C. The provisions of this section shall not apply to certifications issued by the Board under § 66

54.1-1142.1 or 54.1-1142.2. 67

# 68

69


NAVIGATING GOV ERNM ENT

November 30, 2009

Edward A. Donoghue, CPCA Managing Director National Elevator Industry, Inc. 1677 County Route 64 P.O. Box 838 Salem, New York 12865-0838

Two North Central Avenue

Suite 300 Phoenix, Arizona 85004-2.391

Tel: 6022295500 Fax: (,02.420.5043

A Quor/"s & Brody III' Affiliotc

RE: Terms of Engagement for Public Affairs Consulting Services

Dear Mr. Donoghue:

The TRIADVOCATES team appreciates the opportunity to perform state policy and advocacy for National Elevator Industry, Inc. (NEil) , based on the terms set forth in this letter.

TRIADVOCATES is a full-service public affairs consulting firm affiliated with the law firm of Quarles & Brady LLP ("Quarles & Brady").

Scope of Work

It is our understanding that elevator inspections conducted by the State of Arizona are lagging by as much as eight to nine months statewide because of budget cutbacks and the resultant Arizona state government hiring freeze. This backlog disproportionately impacts new businesses that operate elevators, as it delays occupancy, forces business to open without operational elevators or, worse, not open at all. NEil is interested in proposing legislation that would allow qualified private elevator inspectors to supplement the state inspectors. This privatization effort would allow Arizona to maintain safety standards while reducing the backlog caused by the demands of a growing state. This approach has been implemented in several states and has proven to be a balanced solution to the needs of the business community and the state.

From December 1, 2009 - June 30, 2010, TRIADVOCATES will perform the following services in support of NEil's introduction of privatization legislation in the Arizona Legislature:

~ In conjunction with NEil , we will help develop language permitting the privatization of qualified elevator inspectors in Arizona.

~ Work with elected officials and staff in the Arizona Legislature to have such language introduced in the 2010 legislative session.

~ Work to modify and/or defeat any legislation that is detrimental to NEIl. ~ Monitor relevant legislative hearings, and, as necessary, arrange for testimony

and assist in preparation of testimony for the passage of the legislation.

LOCAL' STATE' FEDERAL ATTACHMENT #9 Page 1 of 3

Mr. Edward A. Donoghue November 30, 2009 Page 2

TRIAD / oCATES"

~ Develop and implement strategies to educate public officials on the legislation and its significance.

~ Assist in relationship development efforts with legislative and executive branch officials.

~ Develop and implement strategies to build coalitions as necessary to support passage of the legislation.

~ Participate in appropriate trade organizations and special events, as appropriate. ~ Assist in compliance with lobbyist registration and campaign finance laws. ~ Communicate all pertinent developments in such manner as you may request.

The foregoing services will be provided by the TRIADVOCATES team, with Mike Gardner serving as your principal point of contact.

In the event the engagement should need to be extended beyond June 2010, we would be pleased to discuss terms for extending the arrangement at that time.

TRIADVOCATES has adopted written client service standards and disclosures that will guide our work on your behalf, a copy of which has been previously provided. We always encourage and appreciate constructive feedback on our services.

TRIADVOCATES will perform the foregoing scope of work for a flat, fixed project fee of $45,000 payable in (7) equal payments of $6,428.57, inclusive of costs, with the exception of out-of-state travel, which is not anticipated. Unless otherwise instructed, a monthly invoice will be sent to you that will include the fee amount due and payable by check or electronic funds transfer within thirty (30) days.

This fee arrangement would be exclusively between NEil and TRIADVOCATES and does not modify or supersede any separate fee arrangements for legal services that may be provided to NEil by attorneys associated with the law firm of Quarles & Brady.

Other Matters

The State of Arizona requires organizations and individuals who engage in lobbying activities to be registered and have laws that set forth various reporting requirements in connection with such lobbying activities. If necessary, we assume that NEil will want TRIADVOCATES to fulfill these requirements and will supply all required information necessary to achieve compliance.

We do not believe there are any conflicts between TRIADVOCATES' existing public affairs clients and the public policy interests of NEil, nor do we foresee the possibility of any such conflicts arising.


Mr. Edward A Donoghue November 30,2009 Page 3

Conclusion

TRIADVOCATES values your business and your trust , and our entire team is very pleased to have the privilege of representing your interests. Assuming the foregoing letter accurately states the terms of our engagement, please sign and return one copy of th is letter to us for our records.

Thank you for your confidence in our team.

1~- -Mike Gardner Principal

ACCEPTANCE

NATIONAL ELEVATOR INDUSTRY, INC.

Printed Name: ~E=--d_w_Ct:_(_J _ _ f)_·_~_t;..Yl_~--..7,-A_t..L-=e=--

Title: (f1()../\a.~ "It, f)tr~cl(,lr q.,

Date: o?/.pee-/O?

Tax 10 #42-1528332


Dec

embe

r 21

, 200

9

Pag

e 1

of 5

NO

TE

: The

dat

a pr

ovid

ed in

this

cha

rt is

a c

ompi

latio

n ba

sed

upon

info

rmat

ion

of w

hic

h N

EII

and

its m

embe

rs a

re a

war

e. T

he a

ccur

acy

of th

e in

form

atio

n sh

ould

be

verif

ied

with

th

e au

thor

ity h

avin

g ju

risdi

ctio

n.

Nei

ther

NE

II, it

s di

rect

ors,

offi

cers

or

mem

bers

will

be

liabl

e fo

r an

y in

accu

raci

es o

r di

scre

pan

cies

in th

e da

ta.

AS

ME

A17

.1/C

SA

B44

an

d A

SM

E A

17.7

/CS

A B

44.7

Ad

op

tio

n A

ctiv

ity

Ch

art

Ple

ase

note

that

any

new

and

/or

upda

ted

info

rmat

ion

in th

e ch

art w

ill b

e in

red

. Ju

risd

icti

on

A

17.1

Ver

sio

n

A17

.1 (

200

7) a

nd

A1

7.7

Ad

op

tio

nD

ates

of

Ad

op

tio

n/C

urr

ent

Ad

op

tio

n A

ctiv

ity

Ala

bam

a

A17

.1 (

2007

) A

uto

Ado

pted

A17

.1 (

2007

) N

ot E

nfor

cin

g A

17.7

A

utom

atic

ad

opt

ion

of A

17.

1 (2

007)

, effe

ctiv

e 10

/06/

200

7.

The

Chi

ef E

leva

tor

Insp

ecto

r ha

s co

nfirm

ed n

on-e

nfor

cem

ent

of

A17

.7.

A

lask

a

A17

.1 (

2004

) N

ot y

et a

dopt

ed

A17

.1 r

evis

ion

s ar

e no

t bei

ng a

ctiv

ely

disc

usse

d.

A

rizon

a

A17

.1 (

2007

) A

dopt

ed

A17

.1 (

2007

) E

xclu

des

A17

.7

A17

.1 (

2007

) a

dopt

ed

and

effe

ctiv

e 5/

05/2

009.

The

Ele

vato

r A

dvis

ory

Boa

rd e

xpre

ssly

ex

clu

ded

A17

.7, b

ut w

ill c

ons

ider

the

PB

C a

t an

upc

omin

g B

oard

me

etin

g (d

ate

to b

e de

term

ined

).

A

rkan

sas

A17

.1 (

2007

) A

dopt

ed

A17

.1 (

2007

) E

xclu

des

A17

.7

A17

.1 (

2007

) a

dopt

ed

and

effe

ctiv

e 3/

27/2

008.

The

Ele

vato

r S

afet

y B

oard

ado

pted

A1

7.1

with

out

an

exc

lusi

on

for

A17

.7.

Nev

erth

eles

s, A

rkan

sas’

s C

hief

Ele

vato

r In

spec

tor

stat

ed t

he

Boa

rd h

as n

o in

tent

ion

of a

dopt

ing

A1

7.7.

Cal

iforn

ia

A17

.1 (

2004

) N

ot y

et a

dopt

ed

Dis

cuss

ions

on

A17

.7 u

nde

rwa

y w

ith D

OS

H le

ader

ship

. A

PB

C a

dvis

ory

com

mitt

ee m

eet

ing

wa

s he

ld 9

/09/

200

9.

Lo

s A

ngel

es, C

A

A17

.1 (

2004

) N

ot y

et a

dopt

ed

A17

.1 r

evis

ion

s ar

e no

t bei

ng a

ctiv

ely

disc

usse

d.

C

olor

ado

A

17.1

(20

07)

Ado

pte

d A

17.1

(20

07)

Con

firm

ed

A17

.7

A17

.1 (

2007

) a

dopt

ed

11/1

0/2

008,

effe

ctiv

e 0

1/01

/20

09.

PB

C e

nfor

cem

ent

conf

irmed

.

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nect

icut

A

17.1

(19

96)

Not

yet

ado

pte

d A

17.1

rev

isio

ns

are

not b

eing

act

ivel

y di

scus

sed.

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aw

are

N

/A

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leva

tor

regu

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at t

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cal l

evel

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tric

t of C

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mbi

a

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2004

) N

ot y

et a

dopt

ed

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evis

ions

are

not

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ng a

ctiv

ely

disc

usse

d. T

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uild

ing

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e A

dvis

ory

Com

mitt

ee

(BC

AC

) ha

s b

een

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band

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so

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her

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mm

ittee

mus

t be

form

ed to

dis

cuss

ado

ptin

g n

ew

ve

rsio

ns o

f A17

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lorid

a

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2004

) N

ot y

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dopt

ed

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ff re

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ed th

at A

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(2

007)

will

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ider

ed

for

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n n

o ea

rlier

than

201

0.

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eorg

ia

A17

.1 (

2007

)

Ado

pte

d A

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(20

07)

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lud

es A

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A

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(20

07)

ado

pte

d 3/

30/2

009

, ef

fect

ive

4/19

/09.

A

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s e

xplic

itly

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lud

ed.

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he D

epar

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nt h

eld

a pu

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hea

ring

12/

16/0

9 on

pro

pos

ed

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dme

nts

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dopt

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wa

ii A

17.1

(19

96)

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yet

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pte

d H

aw

aii

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yet

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d A

SM

E A

17.1

(20

07).

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taff

are

in v

ery

earl

y d

iscu

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ns o

n


Dec

embe

r 21

, 200

9

Pag

e 2

of 5

NO

TE

: The

dat

a pr

ovid

ed in

this

cha

rt is

a c

ompi

latio

n ba

sed

upon

info

rmat

ion

of w

hic

h N

EII

and

its m

embe

rs a

re a

war

e. T

he a

ccur

acy

of th

e in

form

atio

n sh

ould

be

verif

ied

with

th

e au

thor

ity h

avin

g ju

risdi

ctio

n.

Nei

ther

NE

II, it

s di

rect

ors,

offi

cers

or

mem

bers

will

be

liabl

e fo

r an

y in

accu

raci

es o

r di

scre

pan

cies

in th

e da

ta.

Juri

sdic

tio

n

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ersi

on

A

17.1

(20

07)

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d A

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do

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ivit

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het

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the

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r w

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ff re

port

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have

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cuss

ions

reg

ardi

ng

A17

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t thi

s tim

e.

Id

aho

A

17.1

(20

04)

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yet

ado

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d T

he D

ivis

ion

has

ado

pted

up

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s to

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ate

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renc

e A

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(200

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to th

e el

evat

or s

tand

ards

. The

rul

e is

con

sid

ered

a p

endi

ng

rule

unt

il th

e Id

aho

Leg

isla

ture

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d a

ppro

ves

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ring

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nt th

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ivis

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the

au

thor

ity to

in

corp

orat

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ne

w s

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ard

into

Div

isio

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les.

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irmed

that

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optin

g A

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is a

vi

able

opt

ion

nex

t ye

ar.

Illin

ois

A

17.1

(20

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S

peci

fical

ly A

dop

ted

A

17.1

an

d A

17.7

A17

.1 (

2007

) a

dopt

ed

and

effe

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e 5/

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, Illi

nois

A

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cific

ally

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opte

d

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nd

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The

Com

mitt

ee a

dopt

ed A

SM

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17.1

(20

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with

mod

ifica

tions

and

AS

ME

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y re

fere

nce

10/0

7/09

, ef

fect

ive

04/1

6/1

0.

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ana

A

17.1

(20

04)

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yet

ado

pte

d R

evie

w o

f A17

.1 (

200

7) u

nde

rwa

y.

Ad

optio

n e

xpec

ted

in 2

009

.

Iow

a

A17

.1 (

2007

) S

peci

fical

ly A

dop

ted

A

17.1

(20

07)

and

A17

.7

A17

.1 (

2007

) a

dopt

ed

5/28

/20

08, e

ffect

ive

7/23

/20

08.

Kan

sas

N/A

N

/A

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vato

r re

gula

tion

is a

t the

loca

l lev

el.

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tuck

y A

17.1

(20

04)

Not

yet

ado

pte

d A

17.1

rev

isio

ns

are

not b

eing

act

ivel

y di

scus

sed.

Lou

isia

na

N/A

N

/A

Ele

vato

r re

gula

tion

is a

t the

loca

l lev

el.

M

ain

e

A17

.1 (

2007

) A

dopt

ed

A17

.1 (

2007

) N

ot s

peci

fic a

s to

A17

.7

A17

.1 (

2007

) a

dopt

ed

and

effe

ctiv

e 1/

5/2

009

. N

o sp

ecifi

c in

clus

ion

or e

xclu

sio

n of

A17

.7

Mar

ylan

d

A17

.1 (

2007

) A

dopt

ed

A17

.1 (

2007

) N

ot s

peci

fic a

s to

A17

.7

Em

erge

ncy

rule

s ad

opt

ing

A1

7.1

(200

7) w

ere

pub

lish

ed 0

9/11

/09,

effe

ctiv

e 0

8/21

/200

9.

Per

man

ent r

ules

ado

ptin

g A

17.

1 (2

007)

wer

e pu

blis

hed

11/

06/0

9, e

ffect

ive

11/

16/2

009.

S

peci

fic a

dopt

ion

of A

17.7

wa

s no

t dis

cuss

ed a

nd is

not

exc

lud

ed in

the

ado

ptio

n.

M

assa

chus

etts

A

17.1

(20

04)

Not

yet

ado

pte

d T

he B

oard

of E

leva

tor

Reg

ula

tions

is r

evie

win

g an

d w

ill a

dop

t A17

.1 (

200

7) w

ith a

me

ndm

ents

.

At t

his

time,

the

Boa

rd is

rev

iew

ing

A17

.7 a

s pa

rt o

f its

rev

iew

of A

17.1

(2

007)

.

Mic

hig

an

A17

.1 (

2004

) N

ot y

et a

dopt

ed

The

Ele

vato

r S

afet

y B

oar

d w

ill m

eet 0

1/22

/10

. S

taff

repo

rted

that

the

Con

stru

ctio

n C

ode

s C

omm

ittee

is d

rafti

ng a

nd

editi

ng u

pdat

es to

the

ele

vato

r co

de,

whi

ch in

clu

des

AS

ME

17.

1 (2

007)

. W

hile

ther

e is

no

final

dra

ft, D

epar

tmen

t sta

ff de

cide

d th

at t

hey

will

not

ado

pt A

17.7

at

this

tim

e.


Dec

embe

r 21

, 200

9

Pag

e 3

of 5

NO

TE

: The

dat

a pr

ovid

ed in

this

cha

rt is

a c

ompi

latio

n ba

sed

upon

info

rmat

ion

of w

hic

h N

EII

and

its m

embe

rs a

re a

war

e. T

he a

ccur

acy

of th

e in

form

atio

n sh

ould

be

verif

ied

with

th

e au

thor

ity h

avin

g ju

risdi

ctio

n.

Nei

ther

NE

II, it

s di

rect

ors,

offi

cers

or

mem

bers

will

be

liabl

e fo

r an

y in

accu

raci

es o

r di

scre

pan

cies

in th

e da

ta.

Juri

sdic

tio

n

A17

.1 V

ersi

on

A

17.1

(20

07)

an

d A

17.

7 A

do

pti

on

Dat

es o

f A

do

pti

on

/Cu

rren

t A

do

pti

on

Act

ivit

y

Min

neso

ta

A17

.1 (

2004

) N

ot y

et a

dopt

ed

The

Min

neso

ta S

tate

Bui

ldin

g O

ffici

al d

oes

not a

ntic

ipat

e an

y re

visi

ons

in 2

009

due

to b

ud

get

conc

erns

.

Mis

siss

ippi

N

/A

N/A

E

leva

tor

regu

latio

n is

at t

he lo

cal l

evel

.

Mis

sour

i A

17.1

(20

04)

Not

yet

ado

pte

d A

17.1

rev

isio

ns

are

not b

eing

act

ivel

y di

scus

sed.

Mon

tan

a

A17

.1 (

2004

) N

ot y

et a

dopt

ed

A17

.1 r

evis

ion

s ar

e no

t bei

ng a

ctiv

ely

disc

usse

d.

N

ebra

ska

A

17.1

(20

07)

Ado

pte

d A

17.1

(20

07)

Not

Spe

cific

as

to A

17.7

A

17.1

(20

07)

ado

pte

d 11

/25/

200

8, e

ffect

ive

3/1

4/20

09.

N

o sp

ecifi

c in

clus

ion

or e

xclu

sion

of

A17

.7

N

eva

da

A17

.1 (

2007

) S

peci

fical

ly A

dop

ted

A

17.1

(20

07)

and

A17

.7

A17

.1 (

2007

) a

dopt

ed

and

effe

ctiv

e 12

/17/

2008

.

Ne

w H

amps

hir

e A

17.1

(20

07)

Aut

o A

dopt

ed A

17.1

(20

07)

Enf

orci

ng

A17

.7

Aut

omat

ic a

dopt

ion

of A

SM

E A

17.1

, effe

ctiv

e 04

/06/

200

7.

N

ew

Jer

sey

A17

.1(2

004)

N

ot y

et a

dopt

ed

Sta

ff re

port

ed th

at th

e ne

xt a

dop

tion

proc

eed

ing,

to in

clud

e A

17.1

(20

07),

is e

xpec

ted

in e

arly

20

10.

Ne

w M

exi

co

N/A

N

/A

Ele

vato

r re

gula

tion

is a

t the

loca

l lev

el.

N

ew

Yor

k A

17.1

(20

04)

Not

yet

ado

pte

d T

he G

over

nor's

offi

ce is

dis

cuss

ing

ado

ptio

n in

tern

ally

. T

he p

roce

ss is

he

ld u

p b

y le

gisl

atur

e's

delin

que

nt r

evie

w o

f ene

rgy

code

s.

A p

rop

osa

l ma

y be

fort

hcom

ing

late

200

9 or

201

0.

N

ew

Yor

k, N

Y

A17

.1 (

1996

) N

ot y

et a

dopt

ed

A17

.1 r

evis

ion

s ar

e no

t bei

ng a

ctiv

ely

disc

usse

d.

N

orth

Car

olin

a

A17

.1 (

2007

) A

uto

Ado

pted

A17

.1 (

2007

) E

nfor

cin

g A

17.7

Aut

omat

ic a

do

ptio

n of

AS

ME

A17

.1 (

2007

), e

ffect

ive

10/0

6/20

07.

Nor

th D

akot

a

N/A

N

/A

Ele

vato

r re

gula

tion

is a

t the

loca

l lev

el.

O

hio

A

17.1

(20

04)

Not

yet

ado

pte

d T

he B

oard

is d

iscu

ssin

g A

SM

E A

17.1

(20

07)

for

adop

tion

in 2

010.

T

he B

oard

ant

icip

ates

ad

opt

ing

A17

.7 a

t the

sam

e tim

e.

Okl

ahom

a

A17

.1 (

2007

) A

uto

Ado

pted

A17

.1 (

2007

) N

ot E

nfor

cin

g A

17.7

A

utom

atic

ad

opt

ion

of A

SM

E A

17.1

(20

07),

effe

ctiv

e 11

/20

07.

Sta

ff in

dica

ted

that

the

y do

not

en

forc

e A

17.

7.


Dec

embe

r 21

, 200

9

Pag

e 4

of 5

NO

TE

: The

dat

a pr

ovid

ed in

this

cha

rt is

a c

ompi

latio

n ba

sed

upon

info

rmat

ion

of w

hic

h N

EII

and

its m

embe

rs a

re a

war

e. T

he a

ccur

acy

of th

e in

form

atio

n sh

ould

be

verif

ied

with

th

e au

thor

ity h

avin

g ju

risdi

ctio

n.

Nei

ther

NE

II, it

s di

rect

ors,

offi

cers

or

mem

bers

will

be

liabl

e fo

r an

y in

accu

raci

es o

r di

scre

pan

cies

in th

e da

ta.

Juri

sdic

tio

n

A17

.1 V

ersi

on

A

17.1

(20

07)

an

d A

17.

7 A

do

pti

on

Dat

es o

f A

do

pti

on

/Cu

rren

t A

do

pti

on

Act

ivit

y

Ore

gon

A

17.1

(20

07)

Ado

pte

d A

17.1

(20

07)

Not

Spe

cific

A17

.7

A17

.1 (

2007

) a

dopt

ed

and

effe

ctiv

e 1/

1/2

009

. N

o sp

ecifi

c in

clus

ion

or e

xclu

sio

n of

A17

.7.

Pen

nsyl

van

ia

A17

.1 (

2000

) N

ot y

et a

dopt

ed

A17

.1 r

evis

ion

s ar

e no

t bei

ng a

ctiv

ely

disc

usse

d.

R

hode

Isla

nd

A17

.1 (

2007

) A

dopt

ed

A17

.1 (

2007

) E

xclu

de

A17

.7

Aut

omat

ic a

do

ptio

n of

AS

ME

A17

.1, e

ffect

ive

10/0

6/20

07.

S

taff

repo

rt th

at th

ey

do n

ot

enfo

rce

A1

7.7.

Sou

th C

arol

ina

A

17.1

(200

4)

Not

yet

ado

pte

d A

17.1

(20

07)

will

be

ado

pted

, ef

fect

ive

07/0

1/20

10.

S

taff

will

not

sta

te w

het

her

or n

ot th

e D

epar

tmen

t pla

ns to

ad

opt A

17.7

. S

outh

Dak

ota

N

/A

N/A

E

leva

tor

regu

latio

n is

at t

he lo

cal l

evel

.

Ten

ness

ee

A17

.1 (

2004

) N

ot y

et a

dopt

ed

A17

.1 r

evis

ion

s ar

e no

t bei

ng a

ctiv

ely

disc

usse

d.

Tex

as

A17

.1(2

007)

A

dopt

ed

A17

.1 (

2007

) E

xclu

de

A17

.7

A17

.1 (

2007

) a

dopt

ed

5/30

/20

08, e

ffect

ive

6/01

/20

08.

Tex

as

has

exp

licitl

y ex

clu

ded

A17

.7.

Uta

h

A17

.1 (

2007

) A

dopt

ed

A17

.1 (

2007

) C

onfir

me

d A

17.7

A17

.1 (

2007

) a

dopt

ed

3/21

/20

08, e

ffect

ive

3/24

/20

08.

Sta

ff co

nfirm

ed

app

licat

ion

of A

17.

7.

Ver

mon

t A

17.1

(20

07 )

A

dopt

ed

A17

.1 (

2007

) N

ot S

peci

fic a

s to

A17

.7

A17

.1 (

2007

) a

dopt

ed

and

effe

ctiv

e 11

/1/2

008.

N

o sp

ecifi

c in

clus

ion

or e

xclu

sio

n of

A17

.7.

V

irgin

ia

A17

.1 (

2005

) N

ot y

et a

dopt

ed.

A

17.1

(20

07)

will

be

ado

pted

in J

une

of 2

010

and

effe

ctiv

e S

epte

mb

er 2

010

.

Was

hin

gton

A

17.1

(20

04)

Not

yet

ado

pte

d.

Sta

ff re

port

ed th

at th

e ad

optio

n pr

oces

s is

mov

ing

very

slo

wly

an

d th

ere

has

bee

n ve

ry li

ttle

m

ovem

ent

in t

he p

ast

few

mon

ths.

Sta

ff is

in th

e pr

oces

s of

tryi

ng to

com

par

e th

e ch

ang

es

mad

e fr

om th

e 20

05

editi

on to

the

200

8 ed

ition

of A

17.1

. The

Ele

vato

r A

dvi

sory

Com

mitt

ee

met

11/

17/0

9, b

ut th

e ad

optio

n of

A17

.1 w

as n

ot d

iscu

sse

d. A

t th

is t

ime,

Sta

ff is

con

fiden

t th

at

A17

.7 w

ill b

e e

xpre

ssly

exc

lude

d fr

om th

e a

dopt

ion.

W

est V

irgin

ia

A17

.1 (

2007

) A

dopt

ed

A17

.1 (

2007

) N

ot S

peci

fic a

s to

A17

.7

A17

.1 (

2007

) a

dopt

ed

5/08

/20

09,

effe

ctiv

e 6/

01/2

009

. S

taff

have

dis

cuss

ed

A17

.7 m

inim

ally

, an

d h

ave

no

plan

s fo

r en

forc

em

ent.

W

isco

nsin

A

17.1

(20

07)

Ado

pte

d A

17.1

(20

07)

Not

Spe

cific

as

to A

17.7

A

17.1

(20

07)

ado

pte

d an

d ef

fect

ive

1/1/

200

9. N

o sp

ecifi

c in

clus

ion

or e

xclu

sio

n of

A17

.7.

W

yom

ing

N

/A

N/A

E

leva

tor

regu

latio

n is

at t

he lo

cal l

evel

.

Can

ada

A

lber

ta

CS

A B

44 (

2007

)

M

anito

ba

CS

A B

44 (

2007

)


Dec

embe

r 21

, 200

9

Pag

e 5

of 5

NO

TE

: The

dat

a pr

ovid

ed in

this

cha

rt is

a c

ompi

latio

n ba

sed

upon

info

rmat

ion

of w

hic

h N

EII

and

its m

embe

rs a

re a

war

e. T

he a

ccur

acy

of th

e in

form

atio

n sh

ould

be

verif

ied

with

th

e au

thor

ity h

avin

g ju

risdi

ctio

n.

Nei

ther

NE

II, it

s di

rect

ors,

offi

cers

or

mem

bers

will

be

liabl

e fo

r an

y in

accu

raci

es o

r di

scre

pan

cies

in th

e da

ta.

Juri

sdic

tio

n

A17

.1 V

ersi

on

A

17.1

(20

07)

an

d A

17.

7 A

do

pti

on

Dat

es o

f A

do

pti

on

/Cu

rren

t A

do

pti

on

Act

ivit

yN

ew

Bru

nsw

ick

CS

A B

44 (

2007

)

N

ew

foun

dla

nd

CS

A B

44 (

2007

)

N

orth

we

st

Ter

ritor

ies

CS

A B

44 (

2007

)

Nov

a S

cotia

C

SA

B44

(20

07)

Ont

ario

C

SA

B44

(20

07)

Prin

ce E

dw

ard

Is

land

C

SA

B44

(20

07)

Que

bec

CS

A B

44 (

2007

)


¹

The

Ele

vato

r S

afet

y B

oard

ado

pte

d A

17.1

with

out a

n ex

clus

ion

for

A17

.7.

Nev

erth

eles

s, A

rkan

sas’

s C

hief

Ele

vato

r In

spec

tor

stat

ed t

he B

oard

has

no

inte

ntio

n of

ado

ptin

g A

17.7

.

D

ecem

ber

21, 2

009

N

OT

E:

The

dat

a pr

ovid

ed in

this

cha

rt is

a c

ompi

latio

n ba

sed

upon

info

rmat

ion

of w

hich

NE

II an

d its

mem

bers

are

aw

are.

The

acc

urac

y of

the

info

rmat

ion

shou

ld b

e ve

rifie

d w

ith th

e au

tho

rity

havi

ng ju

risdi

ctio

n.

Nei

ther

NE

II, i

ts d

irect

ors,

off

icer

s or

mem

bers

will

be

liabl

e fo

r an

y in

accu

raci

es o

r di

scre

panc

ies

in th

e da

ta.

AS

ME

A1

7.1/

CS

A B

44

an

d A

SM

E A

17

.7/C

SA

B4

4.7

Ad

op

tio

n C

har

t P

leas

e no

te th

at a

ny

new

and

/or

upda

ted

info

rmat

ion

in th

e c

hart

will

be

in r

ed.

Juris

dict

ions

S

peci

fical

ly A

dop

ted

A

dopt

ed

A17

.1

Aut

o A

dopt

ed A

17.1

A

uto

Ado

pted

A17

.1

Ado

pte

d A

17.1

A

dopt

ed

A17

.1

Dat

e A

dopt

ed

D

ate

Effe

ctiv

e U

.S.

A17

.1 a

nd

A17

.7

Con

firm

ed

A17

.7

Enf

orci

ng

A17

.7

Not

Enf

orci

ng

A17

.7

Not

Spe

cific

A17

.7

Exc

lud

e A

17.7

Ala

bam

a

X

A

utom

atic

10

/6/2

007

Ariz

ona

X

5/5/

200

9

5/5/

200

9

Ark

ansa

s 1

X

¹ 3/

27/2

008

3/

27/2

008

Col

orad

o

X

11

/10/

200

8

1/1/

200

9

Geo

rgia

X

3/30

/20

09

4/19

/20

09

Illin

ois

X

5/27

/20

08

5/27

/20

08

Chi

cago

, Illi

nois

X

10/0

7/0

9

04/1

6/1

0

Iow

a

X

5/

28/2

008

7/

23/2

008

Mai

ne

X

1/5/

200

9

1/5/

200

9

Mar

ylan

d

X

09

/11/

09

08

/21/

200

9

Neb

rask

a

X

11

/25/

200

8

3/14

/20

09

Nev

ada

X

12/1

7/2

008

12

/17/

200

8

Ne

w H

amps

hir

e

X

Aut

omat

ic

4/06

/20

07

Nor

th C

arol

ina

X

Aut

omat

ic

10/0

6/2

007

Okl

ahom

a

X

A

utom

atic

11

/20

07

Ore

gon

X

1/1/

200

9

1/1/

200

9

Rho

de Is

land

X

Aut

omat

ic

10/0

6/2

007

Tex

as

X

5/

30/2

008

6/

1/20

08

Uta

h

X

3/

21/2

008

3/

24/2

008

Ver

mon

t

X

11/1

/20

08

11/1

/20

08

Wes

t Virg

inia

X

5/08

/09

6/

01/0

9

Wis

cons

in

X

1/

1/20

09

1/

1/20

09

Can

ada

Alb

erta

X

3/18

/20

09

5/1/

200

9

Man

itoba

X

7/

1/20

09

Ne

w B

runs

wic

k X

6/

1/20

08

Ne

wfo

und

land

X

Aut

omat

ic

10/6

/20

07

Nor

thw

est T

errit

orie

s

X

Nov

a S

cotia

X

Aut

omat

ic

Ont

ario

X

7/16

/20

07

1/1/

200

8

Prin

ce E

dw

ard

Isl

and

X

Que

bec

X

A

utom

atic

6/

1/08

ATTACHMENT #11 - Page 1 of 1

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