HOUSE DOCKET, NO. 3576        FILED ON: 1/18/2019

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 2033

The Commonwealth of Massachusetts

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PRESENTED BY:

Paul Brodeur

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To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
Court assembled:

The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:

An Act to update elevator regulations.

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PETITION OF:

HOUSE DOCKET, NO. 3576        FILED ON: 1/18/2019

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 2033

The Commonwealth of Massachusetts

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In the One Hundred and Ninety-First General Court
(2019-2020)

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An Act to update elevator regulations.

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

SECTION XX. Notwithstanding any general or special law to the contrary, the administration of the office of public safety and inspections at the division of professional licensure may establish a separate fee for elevator inspections occurring before or after normal business hours with half of the funds being kept by the division; the funds shall be expended to address the existing elevator inspection backlog and to defray the costs associated with performing overtime elevator inspections; provided further, that the division shall employ more than 70 full time equivalent elevator inspectors.

SECTION XX. Section 22 (a) (5) of chapter 22 of the General Laws, as appearing in the 2014 Official Edition, is hereby amended by adding after “under this section;” the following: "and further provided, however, that any fines assessed under section 65 of chapter 143 shall be calculated solely in accordance with said section 65."

SECTION XX. Section 65 of chapter 143 of the General Laws, as appearing in the 2014 Official Edition, is hereby amended, in line 21, by inserting after "inspector." the words "30 days prior to the expiration of an elevator's inspection certificate, if payment has not been received, the department shall notify the owner and service contractor in writing and direct the owner and/or service contractor to request an inspection."

SECTION XX. Said section 65 of said chapter 143, as so appearing, is hereby further amended, in line 24, by inserting after "certificate." the words "The commissioner or the commissioner's designee will waive all of the $100 per day fine when a clerical error made by either the state or the applicant is identified to have caused the failure to comply with this section and there was no risk of injury to the public. Clerical errors either by the applicant or the state include but are not limited to inadvertent errors on the application for annual inspection, data entry mistakes and technical issues within the DPS portal system, exclusion of one device when request(s) for inspection of other devices at same location is filed on time, inconsistency of elevator certificate anniversary date, and problems deriving from change in maintenance companies.”

SECTION XX. The administration of the office of public safety and inspections at the division of professional licensure shall promulgate regulations consistent with this act no later than 90 days after the effective date of this act."