Budget Amendment ID: FY2012-S3-396-R2

2nd Redraft EPS 396

Escalator Safety

Messrs. Richard T. Moore and Tarr moved that the proposed new text be amended <w:p><w:r><w:t xml:space="preserve">in section 28 by inserting after the word “sections” , in line 15, the following figure:- “65,”; and

by inserting after Section 66, the following section:-

“SECTION 66A.  Section 65 of chapter 143 of the General Laws, as so appearing, is hereby amended by adding the following  paragraph:-

No elevator licensed under this chapter shall be operated without a valid inspection certificate.  If a certificate of inspection has expired, no new certificate shall be issued until a new inspection has been completed and no elevator shall be operated until a new certificate of inspection has been issued by a qualified state inspector.  The owner or operator of an elevator who fails to comply with this section shall be punished by a fine of $1,000 for each day that an elevator is in operation without a valid certificate of inspection. The commissioner or the commissioner’s designee, and such other person as may be specifically authorized, may issue a written notice of violation, under section 21 of chapter 22, for a violation of this section.

An owner or operator of an elevator shall not be in violation of this section if, 30 days prior to the expiration of a certificate, the owner or operator has, in writing or in a manner prescribed by the department, requested an inspection by the department.

This section shall be known, and may be cited as “Mark’s Law,” in memory of Mark DiBona, age 4, who died from injuries sustained on an escalator that was not in compliance with the inspection requirements of this section.”