Budget Amendment ID: FY2017-S4-1109

EPS 1109

Elevator Inspections

Ms. O'Connor Ives moved that the proposed new text be amended in section 41 by inserting after the words "provided, further, that." the following words:- "Section 65 of Chapter 143 of the Massachusetts General Laws as appearing in the 2014 Official Edition is hereby amended by striking the section in its entirety and inserting thereof the following:  Section 65. If in the judgment of an inspector assigned by the commissioner that an elevator is safe, and if the elevator has been constructed in the manner required by law or by the regulations of the board of elevator regulations or the state building code, the inspector shall issue a certificate to that effect to the owner of the elevator or to the person in charge thereof, who shall post the certificate in a conspicuous place in or near the cab or car of such elevator. If such elevator is judged unsafe, the inspector shall immediately post conspicuously upon the entrance or door of the cab or car of such elevator, or upon the elevator, a notice of its dangerous condition, and shall prohibit the use of the elevator until it has been made safe to his satisfaction; provided, however, that said inspector shall also immediately notify the chief executive of the city or town wherein such unsafe condition exists. No person shall remove such notice or operate such elevator until the inspector has issued his certificate as aforesaid.

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. Any fines shall be effective 20 days after expiration.  The owner or operator of an elevator who fails to comply with this section shall be punished by a fine of $100 for each day that an elevator is in operation without a valid certificate. 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 unit 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 $1,000. For all other units, the maximum fine shall be $10,000. 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 21 of chapter 22 for a violation of this section.

The commissioner may assess a fee for appeals filed under this section which shall be determined by the secretary of administration and finance under section 3B of chapter 7.

The department shall notify owners three months before an inspection is due and also provide notice within 10 days of expiration.

Upon application for annual inspection, owners shall provide to the department a current mailing address for the location of the unit.”