Amendment #1008 to H4200

Elevator Inspection Fines

Representatives Poirier of North Attleborough, Vieira of Falmouth, Barrows of Mansfield, Dooley of Norfolk, Jones of North Reading, Scibak of South Hadley, Hill of Ipswich, Howitt of Seekonk, Ferguson of Holden, Dwyer of Woburn, Cutler of Duxbury, McKenna of Webster, D'Emilia of Bridgewater, Muradian of Grafton, Roy of Franklin, Madden of Nantucket, Ehrlich of Marblehead, Pignatelli of Lenox, DeCoste of Norwell, Ashe of Longmeadow, Lyons of Andover, O'Connell of Taunton, Rogers of Norwood, Miceli of Wilmington, McMurtry of Dedham, Hunt of Sandwich, Muratore of Plymouth, Gonzalez of Springfield, Naughton of Clinton, Campanale of Leicester and Farley-Bouvier of Pittsfield move to amend the bill by adding the following 10 sections:

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 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 the word "inspector." the words "If an owner or operator of an elevator has failed to request an inspection of an elevator prior to the expiration of the elevator's inspection certificate, the department shall notify the owner or operator of the elevator in writing of such failure, and direct the owner or operator to request an inspection within 90 days of the date of the notice."

SECTION XX. Said section 65 of said chapter 143, as so appearing, is hereby further amended, in line 23, by striking out the figure "$100" and inserting in place thereof the figure "$50".

SECTION XX. Said section 65 of said chapter 143, as so appearing, is hereby further amended, in line 24, by inserting after the word "certificate." the words "If such fine results from the failure to request an inspection following expiration of a certificate, such fine shall accrue for each day, following 90 days after the department has sent notice of such failure, that an elevator is in operation without a valid certificate."

SECTION XX. Said section 65 of said chapter 143, as so appearing, is hereby further amended, in line 25, by striking out the figure "100" and inserting in place thereof the figure "$50".

SECTION XX. Said section 65 of said chapter 143, as so appearing, is hereby further amended, in line 33, by inserting after the word "department." the words "The owner or operator may request an inspection of an elevator and pay all applicable inspection fees up to one year prior to the certificate's expiry."

SECTION XX. Said section 65 of said chapter 143, as so appearing, is hereby further amended, in line 35, by striking out the figure "$5,000" and inserting in place thereof the figure "$750".

SECTION XX. Said section 65 of said chapter 143, as so appearing, is hereby further amended, in line 36, by striking out the figure "$20,000" and inserting in place thereof the figure "$3,000"; provided, however, that the maximum total fine assessed by department against an owner or operator for any given property, regardless of the number of elevators located thereon, for the failure to timely request an inspection shall not exceed $3,000 per calendar year."

SECTION XX. Said section 65 of said chapter 143, as so appearing, is hereby further amended, in line 39, by striking out the figure "21" and inserting in place thereof the figure "22".

SECTION XX. Said section 65 of said chapter 143, as so appearing, is hereby further amended, in line 40, by inserting after the word "section." the words "The fourth, sixth, tenth and eleventh sentences of the second paragraph of section 65 of chapter 143 of the General Laws, shall apply to all fines assessed or any appeal of a fine filed on or after January 1, 2013.  The department shall refund to any owner or operator of an elevator any fines paid by that owner or operator that exceed the amounts allowed under the fourth, sixth, tenth and eleventh sentences of the second paragraph of section 65 of chapter 143 of the General Laws.

An owner of operator of an elevator, or a person designated by such owner or operator, may provide to the department a deposit in any amount determined by the depositor. The department shall apply such deposit to any unpaid fees for inspections requested by the depositor.

The Department of Public Safety shall promulgate regulations consistent with this act no later than 90 days after the effective date of this act."

Additional co-sponsor(s) added to Amendment #1008 to H4200

Elevator Inspection Fines