General Laws

  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.

[ Second and third paragraphs effective until February 15, 2013. For text effective February 15, 2013, see below.]

  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 or operator of an elevator who fails to comply with this section shall be punished by a fine of $1,000 for each day that an elevator is in operation without a valid certificate. The commissioner or the commissioner's designee, and such other person as may be specifically authorized, may issue a written notice of violation under section 21 of chapter 22 for a violation of this section.

  An owner or operator of an elevator shall not be assessed a fine for having violated this section if: (i) 30 days prior to the expiration of a certificate, the owner or operator has, in writing or in any manner prescribed by the department, requested an inspection of the elevator by the department and an inspection was not completed within the 30-day period; and (ii) the elevator was not determined to be unsafe at any time during the 30-day period, notwithstanding that the results of an inspection were rendered beyond such 30-day period.

[ Second and third paragraphs as amended by 2013, 3, Sec. 6 effective February 15, 2013. For text effective until February 15, 2013, see above.]

  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 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. 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 $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 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.

[ Paragraph added by 2013, 3, Sec. 6 effective February 15, 2013.]

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