SB2494

SECTION 1. Elevators are one of the safest modes of transportation. There are an estimated eighteen billion elevator trips taken per year in the United States. With the continued vertical growth of urban Honolulu, including some condominium developments that exceed forty floors, it is important for Hawaii to ensure that state laws governing repair and maintenance of elevators remain current. The elevator mechanics' statute, chapter 448H, Hawaii Revised Statutes, has not been updated in more than ten years.

Like many other sectors, the elevator industry is undergoing rapid technological advancements which require elevator mechanics to expand their knowledge and skills through training and education to ensure that licensing standards and core competencies are met. With the advancements in the industry, it is necessary for mechanics to demonstrate core competencies when installing, repairing, and maintaining all elevators, escalators, and other vertical transportation.

The purpose of this Act is to strengthen regulatory oversight of the licensed profession of elevator mechanics by amending the permissible scope of work, apprenticeship and licensing requirements, and remote interaction requirements.

SECTION 2. Chapter 448H, Hawaii Revised Statutes, is amended by adding five new sections to be appropriately designated and to read as follows:

"§448H-A Examination. Every applicant shall be examined and shall pass an examination to be eligible for licensure. Every applicant shall:

(1) Pay an examination fee as provided in the rules adopted by the director of commerce and consumer affairs pursuant to chapter 91;

(2) Pass the examination with not less than seventy per cent correct;

(3) Take the examination no more than once per quarter; and

(4) Not be allowed to review any of the applicant's failed examinations.

§448H-B Application fees; license renewals. (a) Application, examination, license, temporary permit, and biennial renewal fees shall be as provided in rules adopted by the director of commerce and consumer affairs pursuant to chapter 91. A fee shall be required for each reexamination. Application fees are not refundable.

(b) Licenses shall expire on June 30 of each even-numbered year. An applicant for license renewal shall:

(1) Pay all required fees; and

(2) Meet the requirements prescribed in section 448H-C.

§448H-C Continued competency; renewals. Prior to each license renewal, all licensed elevator mechanics shall:

(1) Furnish the board with a certificate of completion in an educational course approved by the board of not less than eight hours related to the elevator industry; or

(2) Furnish the board with proof of completion of not less than eight hours in a qualified elevator inspector continuing education course offered by an American National Standards Institute accredited certifying organization.

§448H-D Elevator mechanics scope of work. (a) All construction, reconstruction, alteration including flooring and all elevator cab work with the exclusion of cleaning and painting, maintenance, repair, troubleshooting, mechanical, or electrical work or adjustments, which includes but is not limited to updating software, changing parameters, resetting faults, and operation of all systems and functions, shall be performed by a licensed elevator mechanic. Work on adjustment of the structure or facility of which the conveyance may be part or to which the conveyance may be attached, including any construction, reconstruction, alteration including flooring and all elevator cab work with the exclusion of cleaning and painting, necessary for proper completion of the work on the conveyance shall be performed by a licensed elevator mechanic.

(b) Licensure as an elevator mechanic shall not be required for dismantling or removing a conveyance; provided that the building or structure, as defined by its foundation outline, is totally secure from public and unauthorized access and the entire building is completely demolished down to and including the foundation. Otherwise, dismantling or removing a conveyance shall be performed by a licensed elevator mechanic.

§448H-E Remote interaction. Remote interaction of a conveyance shall not be permitted without the express permission of a licensed elevator mechanic who shall be physically present at the conveyance; provided that this requirement shall not preclude remote interaction with the conveyance from within the building or complex in which the conveyance is located if the interaction is for the sole purpose of securing, locking, or providing private use of the conveyance."

SECTION 3. Section 448H-1, Hawaii Revised Statutes, is amended as follows:

1. By adding two new definitions 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.

"Remote interaction" means an action to monitor, diagnose, manipulate, or interact with the controls of a conveyance remotely, or from within the building or complex."

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

""Apprentice elevator mechanic" means any person who is [in] enrolled in a registered apprenticeship program under an apprenticeship agreement registered with the department of labor and industrial relations, is actively training to acquire the skill to become an elevator mechanic, and who is required to work for [~~at least four years~~] no less than four and one half years full time or its equivalent, 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 but is not limited to updating software, changing parameters, resetting 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 4. 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)~~] (7) Maintain a record of its proceedings;

[~~(9)~~] (8) 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;~~] conveyance; and

[~~(10)~~] (9) 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."

SECTION 5. 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) The applicant has obtained a certificate of completion from an apprenticeship program registered with the department of labor and industrial relations and has successfully passed the elevator mechanic's examination of a nationally-recognized training program as approved by the board with standards similar to but not less than those set forth by the National Elevator Industry Educational Program; and

(2) The applicant has satisfactorily completed no less than four and one-half years full time work or its equivalent, but not less than nine thousand hours, under the supervision of an elevator mechanic duly licensed under section 448H-6. The board shall, by rule, establish the terms for the verification of time in the industry."

SECTION 6. Section 448H-7, Hawaii Revised Statutes, is amended to read as follows:

"§448H-7 Temporary permit. The board may issue a temporary permit to [~~any~~] the following:

(1) 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[.]; and

(2) An elevator mechanic apprentice who has a minimum of three years full time work experience, but not less than six thousand hours, under the supervision of an elevator mechanic duly licensed under section 448H-6, if there is a shortage of elevator mechanics in the State. The board shall, by rule, establish the terms for the determination of a shortage of elevator mechanics, the verification of time in the industry, and the terms of the apprentice's temporary permit."

SECTION 7. In codifying the new sections added by section 2 of this Act, the revisor of statutes shall substitute appropriate section numbers for the letters used in designating the new sections in this Act.

SECTION 8. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 9. This Act shall take effect on July 1, 2018.

INTRODUCED BY:

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THE SENATE	S.B. NO.	2494
TWENTY-NINTH LEGISLATURE, 2018
STATE OF HAWAII