Budget Amendment ID: FY2015-S4-625
EPS 625
Elevator Inspections
Mr. Brownsberger moved that the proposed new text be amended moved that the bill be amended moves to amend the bill (Senate, No. 4) by adding the following new sections:-
SECTION XX. Section 64 of Chapter 143, as appearing in the 2012 Official Edition, is hereby amended by deleting in line 3 the words “one year” and inserting in place thereof the following words:- “two years, provided, however, that each owner shall have a Qualified Elevator Inspector inspect such elevators on alternating years when the state certified inspectors assigned by the Commissioner do not inspect.”
SECTION XXI.The second paragraph of section 65 of said chapter 143, as so appearing, is hereby amended by adding the following language after the words “30-day period” in line 33:- “An owner or operator of an elevator shall not be assessed a fine for having violated this section if the elevator was not determined to be unsafe at the time of inspection, notwithstanding that the results of an inspection were rendered beyond such 30-day period; provided, that if the elevator was determined to be unsafe at the time of inspection, the fine assessed shall be reduced by the cost to repair that elevator; provided, however. that no such fines shall be imposed under this section until 60 days after a publicly accessible on line data base has been established by the Department which specifies the expiration date of each elevator subject to inspection in the Commonwealth.”
SECTION XXII. The third paragraph of section 65 of chapter 143 of the General Laws, as amended by section 6 of chapter 3 of the acts of 2013, is hereby amended by inserting after the seventh sentence the following sentence:- “Total fines shall not exceed $10,000; provided, however, that fines assessed to owners or operators of a residential building of fewer than 25 housing units shall not exceed $300.”
SECTION XXIII. Said section 65 of said chapter 143, as so appearing, is hereby further amended by adding at the end thereof the following language:-
“For purposes of this section the word ‘unsafe’ as applied to an elevator shall be defined as follows: ‘an elevator which is removed from operation due to a life safety issue and a notice or placard of such dangerous condition has been affixed by an authorized inspector.
The commissioner or the commissioner’s designee shall send notification about elevator certificate expiration dates at least 90 days prior to expiration to all owners or persons in control of a building in which an elevator is operated, including but not limited to municipalities, not-for-profit organizations, public schools, and religious organizations who are the owners or person in control of a building in which an elevator is operated.’"
SECTION XXIV. Sections XX-XXII shall take effect as of July 1, 2013.