Senate Bill No. 416–Senator Titus (by request)

March 15, 1999

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Referred to Committee on Commerce and Labor

 

SUMMARY—Provides for inspection of elevators under certain circumstances. (BDR 40-355)

FISCAL NOTE: Effect on Local Government: Yes.

Effect on the State or on Industrial Insurance: Yes.

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EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted. Green numbers along left margin indicate location on the printed bill (e.g., 5-15 indicates page 5, line 15).

 

AN ACT relating to elevators; providing in skeleton form for the inspection of elevators under certain circumstances; providing for the licensure of persons who construct, maintain and operate elevators; authorizing the division of industrial relations of the department of business and industry to impose a fee for inspection; providing a penalty; and providing other matters properly relating thereto.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

1-1 Section 1. Title 40 of NRS is hereby amended by adding thereto a

1-2 new chapter to consist of the provisions set forth as sections 2 to 16,

1-3 inclusive, of this act.

1-4 Sec. 2. As used in sections 2 to 16, inclusive, of this act, unless the

1-5 context otherwise requires, the words and terms defined in sections 3, 4

1-6 and 5 of this act, have the meanings ascribed to them in those sections.

1-7 Sec. 3. "Division" means the division of industrial relations of the

1-8 department of business and industry.

1-9 Sec. 4. "Elevator" includes an elevator, dumbwaiter, escalator,

1-10 moving walk, stage lift, wheelchair lift or related equipment.

1-11 Sec. 5. "Elevator constructor-mechanic" means a person who

1-12 constructs, installs, relocates, improves, alters or repairs elevators.

1-13 Sec. 6. 1. Except as otherwise provided in subsection 2, any

1-14 elevator to which the public has access must be inspected annually by the

1-15 division.

2-1 2. Any elevator inspected pursuant to chapter 618 of NRS is not

2-2 required to be inspected pursuant to this chapter.

2-3 3. The owner of an elevator required to be inspected pursuant to

2-4 subsection 1 must obtain a permit issued by the division before operating

2-5 the elevator.

2-6 Sec. 7. The division shall adopt such regulations as are necessary to

2-7 establish standards and procedures for the inspection and operation of

2-8 elevators pursuant to section 6 this act.

2-9 Sec. 8. The division may charge a reasonable fee to be fixed by

2-10 regulation to pay the cost of the inspection of an elevator and the

2-11 issuance of a permit pursuant to section 6 of this act.

2-12 Sec. 9. The division shall:

2-13 1. Enforce the provisions of this chapter;

2-14 2. Evaluate the qualifications of an applicant for a license as an

2-15 elevator constructor-mechanic;

2-16 3. Adopt regulations establishing standards of practice for persons

2-17 licensed pursuant to this chapter and any other regulations necessary to

2-18 carry out the provisions of this chapter; and

2-19 4. Require a person licensed pursuant to this chapter to submit to the

2-20 division such documentation or perform such practical demonstrations

2-21 as the division deems necessary to determine whether the licensee has

2-22 acquired the skills necessary to construct, install, relocate, improve, alter

2-23 or repair an elevator.

2-24 Sec. 10. 1. It is unlawful for any person to construct, install,

2-25 relocate, improve, alter or repair an elevator within this state unless he is

2-26 licensed as an elevator constructor-mechanic pursuant to sections 9 to

2-27 16, inclusive, of this act.

2-28 2. A person who violates subsection 1 is guilty of a misdemeanor.

2-29 Sec. 11. To be eligible for a license as an elevator constructor-

2-30 mechanic, an applicant must:

2-31 1. Pass a written examination offered by the division that requires

2-32 the applicant to demonstrate, without limitation, his knowledge and

2-33 ability to use, understand and perform any calculations required to

2-34 ensure that work performed on an elevator is in compliance with the

2-35 regulations adopted pursuant to section 6 of this act or any regulations

2-36 adopted pursuant to chapter 618 of NRS that apply to elevators;

2-37 2. Have worked as an apprentice for 4 years under the direct

2-38 supervision of a person holding a license as an elevator constructor-

2-39 mechanic and completed the program of training for the installation and

2-40 repair of elevators offered by the National Elevator Industry Educational

2-41 Program or a reasonably equivalent program as determined by the

2-42 division;

2-43 3. Hold a contractor’s license on or before December 1, 1999; or

3-1 4. Have at least 10 years of experience that is satisfactory to the

3-2 division in the construction, installation, relocation, improvement,

3-3 alteration or repair of elevators.

3-4 Sec. 12. An apprentice who works under the direct supervision of a

3-5 licensed elevator constructor-mechanic need not obtain a license as an

3-6 elevator constructor-mechanic.

3-7 Sec. 13. 1. A person who wishes to be licensed by the division as an

3-8 elevator constructor-mechanic must:

3-9 (a) Submit an application to the division on a form furnished by the

3-10 division;

3-11 (b) Provide evidence satisfactory to the division that he possesses the

3-12 qualifications required pursuant to section 11 of this act; and

3-13 (c) Pay to the division at the time of filing his application a fee of $50.

3-14 2. The application must include the social security number of the

3-15 applicant.

3-16 Sec. 14. 1. An applicant for the issuance or renewal of a license as

3-17 an elevator constructor-mechanic shall submit to the division the

3-18 statement prescribed by the welfare division of the department of human

3-19 resources pursuant to NRS 425.520. The statement must be completed

3-20 and signed by the applicant.

3-21 2. The division shall include the statement required pursuant to

3-22 subsection 1 in:

3-23 (a) The application or any other forms that must be submitted for the

3-24 issuance or renewal of the license; or

3-25 (b) A separate form prescribed by the division.

3-26 3. A license as an elevator constructor-mechanic may not be issued

3-27 or renewed by the division if the applicant:

3-28 (a) Fails to submit the statement required pursuant to subsection 1; or

3-29 (b) Indicates on the statement submitted pursuant to subsection 1 that

3-30 he is subject to a court order for the support of a child and is not in

3-31 compliance with the order or a plan approved by the district attorney or

3-32 other public agency enforcing the order for the repayment of the amount

3-33 owed pursuant to the order.

3-34 4. If an applicant indicates on the statement submitted pursuant to

3-35 subsection 1 that he is subject to a court order for the support of a child

3-36 and is not in compliance with the order or a plan approved by the district

3-37 attorney or other public agency enforcing the order for the repayment of

3-38 the amount owed pursuant to the order, the division shall advise the

3-39 applicant to contact the district attorney or other public agency enforcing

3-40 the order to determine the actions that the applicant may take to satisfy

3-41 the arrearage.

4-1 Sec. 15. 1. A license for an elevator constructor-mechanic expires

4-2 2 years after the date on which it is issued. An elevator constructor-

4-3 mechanic may renew his license before its expiration upon:

4-4 (a) Presentation of proof of completion of a program of continuing

4-5 education as required by subsections 2 and 3;

4-6 (b) Submission of the statement required pursuant to section 14 of this

4-7 act; and

4-8 (c) Payment to the division of a renewal fee of $50.

4-9 2. The division shall not renew a license issued to an elevator

4-10 constructor-mechanic until the licensee submits proof satisfactory to the

4-11 division that he has, during the 2-year period immediately preceding the

4-12 renewal of the license, completed at least 3 hours of continuing

4-13 education relating to the construction, installation, relocation,

4-14 improvement, alteration or repair of elevators.

4-15 3. Each program of continuing education must be:

4-16 (a) Offered by the National Elevator Industry Educational Program;

4-17 or

4-18 (b) Approved by the board.

4-19 Sec. 16. 1. If the division receives a copy of a court order issued

4-20 pursuant to NRS 425.540 that provides for the suspension of all

4-21 professional, occupational and recreational licenses, certificates and

4-22 permits issued to a person who is the holder of a license as an elevator

4-23 constructor-mechanic, the division shall deem the license issued to that

4-24 person to be suspended at the end of the 30th day after the date on which

4-25 the court order was issued unless the division receives a letter issued to

4-26 the holder of the license by the district attorney or other public agency

4-27 pursuant to NRS 425.550 stating that the holder of the license has

4-28 complied with the subpoena or warrant or has satisfied the arrearage

4-29 pursuant to NRS 425.560.

4-30 2. The division shall reinstate a license as an elevator constructor-

4-31 mechanic that has been suspended by a district court pursuant to NRS

4-32 425.540 if the division receives a letter issued by the district attorney or

4-33 other public agency pursuant to NRS 425.550 to the person whose license

4-34 was suspended stating that the person whose license was suspended has

4-35 complied with the subpoena or warrant or has satisfied the arrearage

4-36 pursuant to NRS 425.560.

4-37 Sec. 17. Chapter 618 of NRS is hereby amended by adding thereto a

4-38 new section to read as follows:

4-39 The division may charge a reasonable fee to be fixed by regulation to

4-40 pay the cost of the inspection of an elevator, dumbwaiter, escalator,

4-41 moving walk, stage lift, wheelchair lift or related equipment inspected

4-42 pursuant to this chapter.

5-1 Sec. 18. Section 13 of this act is hereby amended to read as follows:

5-2 Sec. 13. [1.] A person who wishes to be licensed by the

5-3 division as an elevator constructor-mechanic must:

5-4 [(a)] 1. Submit an application to the division on a form

5-5 furnished by the division;

5-6 [(b)] 2. Provide evidence satisfactory to the division that he

5-7 possesses the qualifications required pursuant to section 11 of this

5-8 act; and

5-9 [(c)] 3. Pay to the division at the time of filing his application a

5-10 fee of $50.

5-11 [2. The application must include the social security number of

5-12 the applicant.]

5-13 Sec. 19. Section 15 of this act is hereby amended to read as follows:

5-14 Sec. 15. 1. A license for an elevator constructor-mechanic

5-15 expires 2 years after the date on which it is issued. An elevator

5-16 constructor-mechanic may renew his license before its expiration

5-17 upon:

5-18 (a) Presentation of proof of completion of a program of

5-19 continuing education as required by subsections 2 and 3; and

5-20 (b) [Submission of the statement required pursuant to section 14

5-21 of this act; and

5-22 (c)] Payment to the division of a renewal fee of $50.

5-23 2. The division shall not renew a license issued to an elevator

5-24 constructor-mechanic until the licensee submits proof satisfactory to

5-25 the division that he has, during the 2-year period immediately

5-26 preceding the renewal of the license, completed at least 3 hours of

5-27 continuing education relating to the construction, installation,

5-28 relocation, improvement, alteration or repair of elevators.

5-29 3. Each program of continuing education must be:

5-30 (a) Offered by the National Elevator Industry Educational

5-31 Program; or

5-32 (b) Approved by the board.

5-33 Sec. 20. 1. Notwithstanding the provisions of section 10 of this act, a

5-34 person who has a contractor’s license pursuant to chapter 624 of NRS as of

5-35 October 1, 1999, and who performs any of the functions of an elevator

5-36 constructor-mechanic is not required to be licensed as an elevator

5-37 constructor-mechanic pursuant to the provisions of this act before March 1,

5-38 2000.

5-39 2. The provisions of section 10 of this act do not apply to offenses

5-40 committed before October 1, 1999.

5-41 Sec. 21. The provisions of sections 13 to 16, inclusive, of this act

5-42 expire by limitation on the date on which the provisions of 42 U.S.C. § 666

5-43 requiring each state to establish procedures under which the state has

6-1 authority to withhold or suspend, or to restrict the use of professional,

6-2 occupational and recreational licenses of persons who:

6-3 1. Have failed to comply with a subpoena or warrant relating to a

6-4 proceeding to determine the paternity of a child or to establish or enforce

6-5 an obligation for the support of a child; or

6-6 2. Are in arrears in the payment for the support of one or more

6-7 children,

6-8 are repealed by the Congress of the United States.

6-9 Sec. 22. 1. This section, sections 1 to 17, inclusive, 20 and 21 of this

6-10 act become effective on October 1, 1999.

6-11 2. Sections 18 and 19 of this act become effective on the date on which

6-12 the provisions of 42 U.S.C. § 666 requiring each state to establish

6-13 procedures under which the state has authority to withhold or suspend, or to

6-14 restrict the use of professional, occupational and recreational licenses of

6-15 persons who:

6-16 (a) Have failed to comply with a subpoena or warrant relating to a

6-17 proceeding to determine the paternity of a child or to establish or enforce

6-18 an obligation for the support of a child; or

6-19 (b) Are in arrears in the payment for the support of one or more

6-20 children,

6-21 are repealed by the Congress of the United States.

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