HOUSE OF REPRESENTATIVES

H.B. NO.

1381

TWENTY-NINTH LEGISLATURE, 2017

H.D. 1

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT

 

 

relating to elevator mechanics.

 

 

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

 


     SECTION 1.  Chapter 448H, Hawaii Revised Statutes, is amended by adding four new sections to be appropriately designated and to read as follows:

     "§448H-    Examination.  (a)  Every applicant for a license shall pass a licensing examination.

     (b)  In addition, every applicant for a license under subsection (a) shall also:

     (1)  Pay an examination fee as provided in rules adopted by the board pursuant to chapter 91;

     (2)  Pass the examination with an examination score of not less than seventy per cent;

     (3)  Be disallowed from retaking an examination less than three months after failing an examination; and

     (4)  Be disallowed from reviewing the applicant's answers to an examination that the applicant failed to pass.

     §448H-    Apprentice registration.  (a)  All apprentices shall register with the board and the department of labor and industrial relations within sixty days of entering into an apprenticeship program or arrival in the State, whichever occurs earlier.  Failure to register within sixty days shall constitute a violation of this chapter and may result in expulsion from the apprenticeship program.

     (b)  In order to be eligible for registration, an applicant shall:

     (1)  Not be registered in any other apprenticeship program that is certified by the State or the United States Department of Labor;

     (2)  Be employed by a licensed contractor with a C-16 classification; and

     (3)  Be enrolled in, and actively participating in, an elevator mechanic apprenticeship program approved by the State or the United States Department of Labor.

     (c)  All apprentices shall be subject to an annual registration renewal fee of not less than $100, subject to revision by the board through rules adopted pursuant to chapter 91.

     §448H-    License renewals.  (a)  Licenses shall expire on June 30 of each even-numbered year.  Licensees seeking renewal shall pay all applicable fees and pass the competency requirements under subsection (b).

     (b)  Prior to each license renewal, a licensed elevator mechanic shall furnish the board with proof of attendance in an educational course:

     (1)  Related to the construction, installation, modernization, repair, and maintenance of elevators and other similar conveyances; or

     (2)  Offered by a certified elevator inspection entity such as the National Association of Elevator Safety Authorities – Qualified Elevator Inspector certification program;

provided that course work or proof of attendance thereof shall total not less than ten hours per license renewal cycle.

     §448H-    Elevator mechanics; scope of work.  (a)  All construction, reconstruction, alteration, maintenance, repair, troubleshooting, mechanical, or electrical work or adjustments, which include the updating of software, the changing of parameters, the resetting of faults, and the operation of all systems and functions, of any conveyance, including any reconstruction, alteration, or adjustment of the structure or facility of which the same may be a part or to which the same may be attached, necessary for proper completion of the work on the conveyance shall be performed by an elevator mechanic who is licensed by the board.

     (b)  Unless a licensed elevator mechanic is performing work for a licensed C-16 elevator contractor, the licensed elevator mechanic may not dismantle or remove a conveyance from a building or structure until the building or structure is fully secure from unauthorized public access and the entire building or structure is:

     (1)  Completely demolished down to, and including, its foundation; or

     (2)  Provided with basic supporting walls, floors, and a roof."

     SECTION 2.  Section 448H-1, Hawaii Revised Statutes, is amended as follows:

     1.  By adding a new definition to be appropriately inserted and to read:

     ""Conveyance" means any elevator, dumbwaiter, stage lift, mechanized parking garage elevator, escalator, moving walk or ramp, or lift."

     2.  By amending the definitions of "apprentice elevator mechanic" and "elevator mechanic" to read:

     ""Apprentice elevator mechanic" means any person who is [in training]:

     (1)  Registered with the department of labor and industrial relations or the board;

     (2)  Enrolled in a state-registered apprenticeship program;

     (3)  Actively training to acquire the skill to become an elevator mechanic; and [who is required]

     (4)  Required to work [for at least four years] at full-time or its equivalent for not less than four and one-half years, but not less than nine thousand hours, under the supervision of an elevator mechanic duly licensed under section 448H-6.

     "Elevator mechanic" means any person who engages in the construction, reconstruction, alteration, maintenance, repair, troubleshooting, mechanical, or electrical work or adjustments, which includes updating of software, the changing of parameters, the resetting of faults, and the operation of all systems and functions, of any [elevator, dumbwaiter, stage lift, mechanized parking garage elevator, escalator, moving walk or ramp, lift] conveyance, including any construction, reconstruction, alteration, or adjustment of the structure or facility of which the same may be a part or to which the same may be attached, necessary for proper completion of the work on the [elevator, dumbwaiter, stage lift, mechanized parking garage elevator, escalator, moving walk or ramp, or lift.] conveyance."

     SECTION 3.  Section 448H-2, Hawaii Revised Statutes, is amended to read as follows:

     "[[]§448H-2[]]  License required.  No person shall operate or practice as an elevator mechanic in the State unless the person is licensed under this chapter."

     SECTION 4.  Section 448H-4, Hawaii Revised Statutes, is amended to read as follows:

     "§448H-4  Meetings.  The board shall meet not less than [twice] twelve times a year at a time and place as determined by the board.  The board shall also meet but not later than thirty days prior to the licensing examination pursuant to section 448H-5(2) in order to evaluate applications therefor.  Any board member who misses two consecutive meetings of the board or fifty per cent of the meetings in a year shall be removed from the board."

     SECTION 5.  Section 448H-5, Hawaii Revised Statutes, is amended to read as follows:

     "§448H-5  Powers and duties of the board.  In addition to any other powers and duties authorized by law, the board shall:

     (1)  Adopt rules in accordance with chapter 91 to carry out the purposes of this chapter;

     (2)  Develop, apply, review and upgrade appropriate techniques, including examinations and investigations for determining whether a person meets the requirements of this chapter and standards to insure that elevator mechanics will be persons qualified to serve as such;

     (3)  Prescribe, at a minimum, that a nationally recognized examination, augmented with locally developed material, be used in testing for licensure[, the passing grade for the examination to be not less than seventy per cent];

     (4)  Issue licenses to persons determined, after application of those techniques, to have met the required qualifications and revoke or suspend licenses, previously issued by the board pursuant to hearings held in accordance with chapter 91, in any case where the individual holding any license is determined substantially to have failed to conform to the required qualifications, this chapter, or the rules of the board;

     (5)  Establish and carry out procedures designed to insure that persons licensed as elevator mechanics will, during any period they serve as such, comply with the requirements of this chapter, the rules of the board, and chapter 397 and rules adopted thereunder;

     (6)  Receive, investigate, and take appropriate action with respect to, any charge or complaint filed with the board to the effect that any individual licensed as an elevator mechanic has failed to comply with the requirements of this chapter regarding any complaint regarding job performance by mechanics, the rules of the board, or chapter 397 and the rules adopted thereunder;

     (7)  Register apprentice elevator mechanics;

     (8)  Review apprentice applications prior to the acceptance of applicants;

     (9)  Develop and maintain a list of all registered apprentices;

    (10)  Review and purge lists of registered apprentices every two years;

    [(8)] (11)  Maintain a record of its proceedings;

    [(9)] (12)  Assist and advise the department of labor and industrial relations in the adoption of rules relating to the conditions of work for elevator mechanics including requirements related to equipment or facilities essential for the safe installation, repair, maintenance, or alteration of any elevator, dumbwaiter, escalator, moving walk or ramp, and lift; [and

    (10)] (13)  Notify the department of labor and industrial relations of any fact or situation that, in the opinion of the board, constitutes a violation of chapter 397 or of any rule adopted thereunder[.]; and

    (14)  Serve as an advisor to the regulated industries complaints office; provided that the board member is a licensed elevator mechanic."

     SECTION 6.  Section 448H-6, Hawaii Revised Statutes, is amended to read as follows:

     "§448H-6  Qualifications for license.  No person shall be licensed as an elevator mechanic unless the person has satisfactorily passed the examination administered by the board and [satisfactorily completed at least four years of training under the supervision of a licensed elevator mechanic.] has met the following minimum qualifications:

     (1)  Obtained a certificate of completion and successfully passed the mechanic examination of a nationally recognized training program for the elevator industry such as the National Elevator Industry Educational Program; and

     (2)  Satisfactorily completed not less than four and one half years of full-time or equivalent elevator mechanic training; provided that not less than nine thousand hours of training were received under the supervision of a licensed elevator mechanic."

     SECTION 7.  Section 448H-7, Hawaii Revised Statutes, is amended to read as follows:

     "§448H-7  Temporary permit.  (a)  The board may issue a temporary permit to any person who has qualified as an elevator mechanic in another state with standards substantially equal to those of this chapter and who possesses skills or training not available in the State; provided that the board shall not register any such person as an apprentice elevator mechanic.  The board shall, by rules and regulations, establish the terms of the temporary permit.

     (b)  A temporary permit may be issued to an apprentice if the following conditions are met:

     (1)  An application for the permit is submitted for the board's approval;

     (2)  The permit shall be for a three-month period or for the duration of time required to complete the particular job for which the permit was issued, whichever is longer;

     (3)  The applicant presents proof of not less than three years of work experience; provided that not less than six thousand hours were spent under the supervision of an elevator mechanic licensed under section 448H-6; and

     (4)  The applicant is registered with the board and the department of labor and industrial relations as an apprentice elevator mechanic."

     SECTION 8.  This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

     SECTION 9.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 10.  This Act shall take effect on July 1, 2050.


 


 

Report Title:

Elevator Mechanics; Licensing; Apprentices

 

Description:

Clarifies the scope of work for elevator mechanics.  Amends the requirements for apprentice elevator mechanics, the licensing requirements for elevator mechanics, and the powers and duties of the Elevator Mechanics Licensing Board.  (HB1381 HD1)

 

 

 

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