SB 115 (BR 1065) - G. Tapp, D. Ridley, W. Blevins Jr., P. Clark, D. Harper Angel
AN ACT relating to elevator safety and making an appropriation therefor.
Create new sections of KRS 198B.400 to 198B.540, relating to elevator safety, to allow only a licensed elevator mechanic working under the general supervision of an elevator contractor to install or work on elevators and fixed guideway systems; form the Elevator Advisory Committee within the Office of Housing, Buildings and Construction; establish committee membership and meeting rules; require licensure from the office to work as an elevator mechanic or elevator contractor; set licensure qualifications and application requirements; allow for annual license renewal; permit the office to issue emergency and temporary licenses; mandate 8 hours of continuing education for each elevator contractor and mechanic license renewal; require various types of insurance coverage for elevator contractors; allow elevator contractors and mechanics with 3 years of verifiable experience to practice without meeting the license requirements if they apply before January 1, 2012; disclaim any effect on the liability of any persons or the Commonwealth as a result of KRS 198B.400 to 198B.540; list reasons for licensee discipline and establish related hearing and appellate procedures; establish the elevator safety program trust fund as a separate revolving fund to be administered by the office; amend KRS 198B.400 to define terms; amend KRS 198B.410 and 198B.420 to include fixed guideway systems within the coverage of the safety act; allow any person to request and the office to conduct an investigation of an alleged violation of the safety act; amend KRS 198B.450 to clarify that the $1 certificate replacement fee applies only to elevator inspectors; amend KRS 198B.460 to relieve elevator or fixed guideway system owners or lessees from the requirement to provide registration information if the office already has the information in its possession; require elevators and fixed guideway systems for which construction has begun after January 1, 2011, to be registered at the time they are completed and placed in service; amend KRS 198B.470 to exempt listed types of devices from the annual inspection requirements, including material lifts, grain elevators, mine elevators, and freight elevators at a licensed distillery; amend KRS 198B.480 to require office approval for elevator or fixed guideway system changes or repairs; amend KRS 198B.490 to allow the office to consult with engineering authorities and organizations on safety standards; list national standards for the office to follow or modify when promulgating administrative regulations related to safety standards; mandate that any office standards be consistent with the Kentucky standards of safety and the uniform state building code; amend KRS 198B.510 to require that new elevator and fixed guideway system installations be performed by a licensed elevator contractor; mandate an inspection of all new elevators, platform lifts, and stairway chairlifts in private residences; permit future inspection of devices at private residences at the request of the owner, with the inspection fee payable by the owner; require the office to set fees for inspections at private residences; amend KRS 198B.520 to set out circumstances where a construction or repair permit may be revoked or expired; amend KRS 198B.530 to make all elevator fees and fines payable to the elevator safety program trust fund; amend KRS 198B.990 to increase the penalty for violations from a maximum fine of $500 to a minimum of $500 with a maximum fine of $3,000; make technical corrections; name KRS 198B.400 to 198B.540 the "Kentucky Elevator Safety Act"; EFFECTIVE JANUARY 1, 2011; APPROPRIATION.
SB 115 - AMENDMENTS
SCS - Retain original provisions, except require that an elevator contractor provide proof of insurance based on an insurance policy issued by an insurance company or other legal entity permitted to transact insurance business in Kentucky.
SFA (1, G. Tapp) - Retain original provisions except require an elevator mechanic license for any person who is a regular and bona fide full-time employee of a public university and who performs only routine maintenance on elevators for the public university; exempt a public university employing this type of elevator mechanic from elevator contractor licensure; prohibit the public university elevator mechanic from any activities normally allowed under an elevator mechanic license except for routine maintenance; limit the reinstatement fee for a revoked elevator contractor or elevator mechanic license to $100.
Jan 28-introduced in Senate
Feb 2-to Licensing, Occupations & Administrative Regulations (S)
Feb 9-reported favorably, 1st reading, to Consent Calendar with Committee Substitute
Feb 10-2nd reading, to Rules
Feb 17-floor amendment (1) filed to Committee Substitute
Feb 18-recommitted to Appropriations & Revenue (S)
Mar 16-reassigned to Licensing, Occupations & Administrative Regulations (S)