Section 65 of Chapter 143 of the General Laws, as appearing in the 2016 Official Edition, is hereby amended by striking out the second paragraph and inserting in place thereof the following paragraph:
No elevator licensed under this chapter shall be operated without a valid inspection certificate. If a certificate 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 has been issued by a qualified state inspector. The owner, the operator, or an entity contracted for the maintenance of an elevator who fails to comply with this section shall be punished with a fine of $100 for each day that an elevator is in operation without a valid license.The commissioner or the commissioner's designee may waive all or a portion of the $100 per day fine and may promulgate rules and regulations establishing criteria used to determine whether the fine may be waived. For the purposes of this section, an elevator shall be deemed to be in operation unless it has been placed out of service or decommissioned in accordance with procedures approved by the board. Fines shall stop accruing on the date on which the owner or operator has, in writing or in any manner prescribed by the department, requested an inspection of the elevator by the department. For any dumbwaiter, limited use elevator or limited application elevator, as defined in section 71E, or a wheelchair lift that has a travel distance of 25 feet or less and is located in an owner-occupied single family residence in accordance with section 64, the maximum fine shall be $5,000. For all other units, the maximum fine shall be $20,000. The commissioner or the commissioner's designee, or any other person that the commissioner may specifically authorize, may issue a written notice of violation under section 22 of chapter 22 for a violation of this section.
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