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The 193rd General Court of the Commonwealth of Massachusetts

AN ACT RELATIVE TO ELEVATOR LICENSE EXAMINATIONS.

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. Section 11 of chapter 22 of the General Laws, as appearing in the 2004 Official Edition, is hereby amended by inserting after the word “Boston”, in line 9, the following words:- or his designee.

SECTION 2. Said section 11 of said chapter 22, as so appearing, is hereby further amended by striking out the fourth paragraph and inserting in place thereof the following paragraph:-
Each member of the board shall be paid not less than $50 for each day while in the actual performance of his duties as such, but not exceeding $2,000 in a fiscal year, and shall also receive from the commonwealth all expenses necessarily incurred by him in connection with his official duties.

SECTION 3. Section 11A of said chapter 22, as so appearing, is hereby amended by striking out the fourth paragraph and inserting in place thereof the following paragraph:-
Each appointive member of the board shall be paid not less than $50 for each day while in actual performance of his duties as such, but not exceeding $2,000 in a fiscal year, and shall also receive from the commonwealth all expenses necessarily incurred by him in connection with his official duties.

SECTION 4. Section 62 of chapter 143 of the General Laws, as so appearing, is hereby amended by inserting after the word “stairways”, in line 13, the following words:- , dumbwaiters, moving walks, material lifts and dumbwaiters with automatic transfer devices, wheelchair lifts, automatic people movers and other associated devices, except stair lifts located and installed in residential homes, that are commonly included within the elevator industry.

SECTION 5. Section 71A of said chapter 143, as so appearing, is hereby amended by striking out the fourth sentence and inserting in place thereof the following sentence:- The chairman shall be paid by the commonwealth as compensation a sum of not less than $50 for each day of service performed in connection with his duties as chairman, but not more than $2,000 in a fiscal year.

SECTION 6. Subsection 1 of section 71C of said chapter 143, as so appearing, is hereby amended by striking out the first paragraph and inserting in place thereof the following paragraph:-
The board shall hold frequent examinations in such municipalities as it deems necessary. Public notice shall be given of all examinations. Each person that makes written application for a elevator mechanic license and complies with the following requirements shall be entitled to be examined: (a) he shall be a current registered elevator constructor apprentice with the division of apprentice training; (b) he shall furnish documentary proof satisfactory to the board, from his registered joint apprentice committee or his current or previous employer or employees engaged primarily in the business of erecting, constructing, installing, altering, testing, repairing or maintaining elevators, escalators, moving walks and other related conveyance equipment, that he has worked not less than 6,000 on-the-job-training hours over a period of not less than 3 years as an elevator constructor apprentice, under the direct and immediate field supervision of a licensed elevator mechanic in the commonwealth; (c) he shall furnish documentary proof to the board of successful completion of a minimum of 450 hours of classroom environment training from an approved instructional training program such as the United States Department of Labor-recognized National Elevator Industry Educational Program, known as NEIEP, or the educational equivalent, having core curriculum standards substantially equal thereto with classroom instruction directly related to erecting, constructing, installing, altering, testing, repairing or maintaining elevators, escalators, moving walks and other related conveyance equipment, recognized and accredited by the division of apprentice training or the department of education. A fee shall accompany each application and each renewal thereof, the amount of which shall be determined annually by the commissioner of administration under section 3B of chapter 7 for the filing thereof. The board shall subject each applicant to a written examination and to such practical tests as it may deem necessary and, if found by the board to be qualified, the applicant shall be granted a license as an elevator constructor, maintenance man and repairman. Each application shall entitle the applicant to 1 examination.

SECTION 7. Said chapter 143, as so appearing, is hereby further amended by striking out section 71E, as so appearing, and inserting in place thereof the following section:-
Section 71E. As used in sections 62 to 71F, inclusive, the term “elevator” shall include moving stairways, dumbwaiters, moving walks, material lifts and dumbwaiters with automatic transfer devices, wheelchair lifts, automatic people movers and other associated devices, except stair lifts located and installed in residential homes, that are commonly included within the elevator industry.

SECTION 8. The board of elevator regulations shall adopt rules and regulations to provide for the safe operation of freight elevators excluded under chapter 288 of the acts of 1962.

SECTION 9. Section 6 shall take effect on January 1, 2007. The remainder of this act shall take effect as of January 1, 2006.

Approved March 23, 2006.