Amendment #1145 to H4400

Facilitating Inspection Compliance

Representatives Chan of Quincy and Brodeur of Melrose move to amend the bill by adding the following 6 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 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. 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 "$2,500".

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 "$10,000”.

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