Session Laws

Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:

SECTION 1. Chapter 143 of the General Laws is hereby amended by striking out sections 62 to 66, inclusive, as appearing in the 1984 Official Edition, and inserting in place thereof the following six sections:-

Section 62. The commissioner shall cause a system of elevator inspection to be instituted and maintained in the commonwealth. The commissioner shall assign an adequate number of competent inspectors for all elevators in the commonwealth. The commissioner shall have supervision of the installation, alteration, maintenance, inspection and approval of all elevators and shall enforce the regulations of the board of elevator regulations. No elevator shall be installed or altered until a copy of the plans and specifications of such elevator or of the proposed alterations shall have been filed by the owner of the premises where such elevator is to be installed or altered, or by the manufacturer of such elevator, and a certificate of approval or a specification of requirements shall have been issued by the commissioner. The word "elevator" shall include moving stairways.

Section 62A. The owner or person in control of a building in which an elevator is operated shall pay fees to be determined annually by the secretary of administration under the provisions of section three B of chapter seven for inspection and safety tests by an inspector assigned by the commissioner; provided, however, that said fees shall be set at a rate sufficient to meet the cost of the department of public safety for providing said inspections and safety tests; and, provided further, that each city and town may annually set a reasonable fee, and may collect such fee, for elevator registration of each elevator within such city or town. The owner or person in control of a building in which an elevator is operated shall be subject to the following inspections and safety tests:

(1) For the inspection of a new installation, repair, or replacement of power passenger and freight elevators, hydraulic and electric passenger and freight elevators, hand power operated service elevators and temporary workmen's elevators.

(2) For each safety test and inspection of elevators and devices as described in paragraph (1).

(3) For the inspection of a new installation of a private residence elevator or an inclined lift.

Section 63. On completion of the work of installation or alteration, the manufacturer of the elevator or the person making the alterations shall make a practical test of the safety devices of the elevator in the presence of an inspector assigned by the commissioner. If the test is satisfactory to said inspector, he shall issue a certificate approving the elevator and safety devices thereof.

Section 64. All elevators shall be thoroughly inspected and a practical test made of the safety devices required therefor at intervals of not more than one year and at such other times as may be deemed necessary by the inspector; provided, however, that the chief executive officer of any city or town may cause the commissioner to order an inspection of any elevator in such officers jurisdiction, within fourteen calendar days by notifying said commissioner, in writing, of the facts and circumstances which lead such officer to believe that the inspection is necessary; provided, further, that if such inspection is not made within such fourteen day period, such officer may cause an inspection to be made by a state certified elevator inspector selected from a list approved by the secretary of public safety, and the commonwealth shall reimburse any such city or town for the reasonable costs incurred as a result thereof. The inspection and practical test shall be made by a licensed elevator construction man, maintenance or repairman in the presence of an inspector assigned by the commissioner. The owner or person in control of a building in which the elevator is located shall arrange for such inspection and practical test within six months from the time of notice from an inspector assigned by the commissioner. Within ten days after the inspection, said inspector shall file a complete written report of all changes and defects in apparatus or equipment to the commissioner and the chief executive officer of the city or town in which such inspection occurred, upon forms to be furnished by him.

Section 65. If in the judgment of an inspector assigned by the commissioner that an elevator is safe, and if the elevator has been constructed in the manner required by law or by the regulations of the board of elevator regulations or the state building code, the inspector shall issue a certificate to that effect to the owner of the elevator or to the person in charge thereof, who shall post the certificate in a conspicuous place in or near the cab or car of such elevator. If such elevator is judged unsafe, the inspector shall immediately post conspicuously upon the entrance or door of the cab or car of such elevator, or upon the elevator, a notice of its dangerous condition, and shall prohibit the use of the elevator until it has been made safe to his satisfaction; provided, however, that said inspector shall also immediately notify the chief executive of the city or town wherein such unsafe condition exists. No person shall remove such notice or operate such elevator until the inspector has issued his certificate as aforesaid.

Section 66. Any owner, operator or person in charge of an elevator or any person employed to inspect, repair or install an elevator shall immediately, if an accident occurs during such installation or repair, or if he thinks such elevator is unsafe, make a written report thereof to an inspector assigned by the commissioner, who shall forthwith inspect such elevator. If an accident occurs to an elevator, the operator, person in charge or owner having knowledge thereof shall immediately report such accident to an inspector assigned by the commissioner, who shall forthwith inspect such elevator. Upon completion of his inspection, said inspector shall upon request provide a copy of any accident report received by him in accordance with this section to each person who reported, or was involved in the accident so reported, and said inspector shall obtain a receipt for each report so provided.

SECTION 2. Said chapter 143 is hereby further amended by striking out section 68, as so appearing, and inserting in place thereof the following section:-

Section 68. The board of elevator regulations shall promulgate amendments to the regulations relating to the construction, installation, alteration and operation of all elevators, and relative to the location, design and construction of shafts or enclosures for elevators, safety devices, gates and other safeguards, protection against the elevator or hoisting machinery, and means to prevent the spread of fire, and also amendments to the regulations designed to make uniform the work of inspectors assigned to the division of inspection by the commissioner of public safety.

SECTION 3. Paragraph (a) of section 70 of said chapter 143, as so appearing, is hereby amended by striking out, in line 2, the words:- "or local inspector".

SECTION 4. Paragraph (d) of said section 70 of said chapter 143, as so appearing, is hereby amended by striking out, in line 77, the words:- "or inspector of buildings".

SECTION 5. Section 71B of said chapter 143, as so appearing, is hereby amended by striking out the last sentence and inserting in place thereof the following sentence:- No person shall work as an elevator inspector or supervising elevator inspector in the employ of the department of public safety unless he holds a license granted by the board, for the construction, maintenance, or repair of elevators as provided by this section.

SECTION 6. The commissioner of the department of public safety shall provide a detailed written report on the estimated cost for the implementation of this act to the commissioner of administration and the house and senate committees on ways and means no later than April first, nineteen hundred and eighty-six. Said report shall include, but not be limited to, the department's estimate of the total increase in the number of annual inspections the division of inspection will be required to conduct under the provisions of this act, the total number of inspections the division was required to conduct prior to the effective date of this act, the current staffing level of the division, the estimated staffing requirements of the division for the implementation of this act, including salary expenses, travel costs, equipment costs and a detailed list of all other necessary expenses associated with the implementation of this act.

SECTION 7. The secretary of administration and the commissioner of public safety shall establish a schedule of fees to be charged for the testing and inspection of elevators which shall be set at a level sufficient to meet the cost to the commonwealth for providing such service and shall file such schedule with the house and senate committees on ways and means no later than April first, nineteen hundred and eighty-six. Said schedule of fees shall be effective January first, nineteen hundred and eighty-seven.

SECTION 8. Sections one to five, inclusive, shall take effect on January first, nineteen hundred and eighty-seven.