Introduced Version






SENATE BILL No. 488

_____


DIGEST OF INTRODUCED BILL



Citations Affected: IC 22-12; IC 22-13; IC 22-15; IC 25-1; IC 25-41.

Synopsis: Regulated lifting devices. Requires the fire prevention and building safety commission adopt rules for the issuance of elevator contractor, elevator inspector, and elevator mechanic licenses. Provides for a Class C infraction for constructing, installing, or altering a regulated lifting device without a license issued by the fire prevention and building safety commission. Requires the registration and inspection of regulated lifting devices, with certain exceptions. Requires the fire prevention and building safety commission to adopt rules to set fees for the operation of regulated lifting devices. Makes conforming amendments.

Effective: July 1, 2002.





Alting, Blade, Harrison, Broden




    January 14, 2002, read first time and referred to Committee on Public Policy.







Introduced

Second Regular Session 112th General Assembly (2002)


PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana Constitution) is being amended, the text of the existing provision will appear in this style type, additions will appear in this style type, and deletions will appear in this style type.
Additions: Whenever a new statutory provision is being enacted (or a new constitutional provision adopted), the text of the new provision will appear in this style type. Also, the word NEW will appear in that style type in the introductory clause of each SECTION that adds a new provision to the Indiana Code or the Indiana Constitution.
Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts between statutes enacted by the 2001 General Assembly.

SENATE BILL No. 488



    A BILL FOR AN ACT to amend the Indiana Code concerning labor and industrial safety.

Be it enacted by the General Assembly of the State of Indiana:

    SECTION 1. IC 22-12-1-2.2 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2002]: Sec. 2.2. "ANSI" refers to the American National Standards Institute.
    SECTION 2. IC 22-12-1-2.3 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2002]: Sec. 2.3. "ASME" refers to the American Society of Mechanical Engineers.
    SECTION 3. IC 22-12-1-22 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2002]: Sec. 22. (a) "Regulated lifting device" means any part of the components, enclosures, and equipment necessary for the operation of the following:
        (1) A mechanism equipped to raise and lower persons or property along a guide or belt, hoisting and lowering mechanism, equipped with a car or a platform, that moves between two (2) or more landings, including the following:
            (A) A power driven, continuous stairway. An elevator, as

defined in the Safety Code for Elevators and Escalators, an American National Standard, as adopted by ASME A17.1, and the Safety Code for Existing Elevators and Escalators, an American National Standard, as adopted by ASME A17.3.
            (B) A surface ski lift designed to have the passenger's feet or skis on the ground at all times. platform lift and stairway chair lift, as defined in the Safety Standard for Platform Lifts and Stairway Chairlifts, an American National Standard, as adopted by ASME A18.1.
             (C) A personnel hoist within the scope of ANSI A10.4 (Safety Requirements for Personnel Hoists).
             (D) A manlift within the scope of ANSI A90.1 (Safety Code for Manlifts).
        (2) A power driven continuous stairway or walkway equipped to transport persons in a sitting, standing, or walking position. between landings, including:
            (A) an escalator; and
            (B) a moving walk;
        as defined in the Safety Code for Elevators and Escalators, an
American National Standard, as adopted by the ASME A17.1, and the Safety Code for Existing Elevators and Escalators, an American National Standard, as adopted by the ASME A17.3.
         (3) A hoisting and lowering mechanism, equipped with a car or a platform, that serves two (2) or more landings and is restricted to the carrying of materials by its limited size or limited access to the car, including:
            (A) a dumbwaiter; and
            (B) a material lift and dumbwaiter with an automatic transfer device;
        as defined in the Safety Code for Elevators and Escalators, and American National Standard, as adopted by ASME A17.1, and the Safety Code for Existing Elevators and Escalators, an American National Standard, as adopted by ASME A17.3.

         (4) An automatic guided transit vehicle on a guideway with an exclusive right-of-way, including an automated people mover, as defined in the Automated People Mover Standard 21, as adopted by the American Society of Civil Engineers (ASCE).
    (b) The term does not include the following:
        (1) A belt, bucket, roller, or similar type conveyor.
        (2) A tiering or piling machine that is used to move materials to

and from storage and located and operated entirely within one (1) story.
        (3) Equipment for feeding or positioning materials at machine tools and printing presses. A mobile scaffold, tower, and platform within the scope of ANSI A92.
        (4) A hoist that is used for raising or lowering materials and that has unguided hooks, slings, or similar means for attaching materials.
        (5) A skip or furnace hoist.
        (6) A wharf ramp.
        (7) An amusement device. A conveyor and related equipment within the scope of ASME B20.1.
        (8) A stage or orchestra lift.
        (9) A lift bridge. An industrial truck within the scope of ASME B56.
        (10) A railroad car lift or dumper.
        (11) A hillside inclined lift.
        (12) Any lifting device in a private residence. A line jack, false car, shafter, moving platform, or similar equipment used for installing an elevator by an elevator contractor licensed under IC 25-41-3-1.
        (13) A materials conveyor with a platform.
         (14) A powered platform and equipment for exterior and interior maintenance within the scope of ANSI 120.1.
    SECTION 4. IC 22-12-6-9 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2002]: Sec. 9. (a) The commission shall adopt rules under IC 4-22-2 to set fees for the regulation of the erection, construction, installation, operation, inspection, or alteration of a regulated lifting device.
    (b)
The office of the state building commissioner shall charge collect the following schedule of fees set by rules adopted by the commission under subsection (a).
        (1) Installation permits for new passenger elevators, freight elevators, material lifts with automatic transfer devices, or dumbwaiters with automatic transfer devices, one hundred dollars ($100), plus ten dollars ($10) per opening.
        (2) Installation permits for new manlifts, sewer lift station personnel hoists, special purpose personnel elevators, or dumbwaiters, fifty dollars ($50), plus seven dollars ($7) per opening.
        (3) Installation permits for new moving stairways or moving walks, one hundred dollars ($100).


        (4) Installation permits for lifting devices for persons with physical disabilities, fifty dollars ($50).
        (5) Initial inspection and periodic inspections of regulated lifting devices, thirty dollars ($30) for all equipment plus five dollars ($5) for each landing.
        (6) Permit processing fees in connection with the initial and periodic inspection of regulated lifting devices, twelve dollars ($12). This fee supplements any other fee provided by this section.
        (7) Permit to alter any installation, fifty dollars ($50), plus ten dollars ($10) per opening.
        (8) Installation permit for a new personnel hoist, one hundred fifty dollars ($150), plus seven dollars ($7) for each landing.
        (9) A permit to raise a personnel hoist, fifty dollars ($50), plus seven dollars ($7) per landing that is added to a previously approved installation.
        (10) Subsequent inspections to complete an initial inspection of a regulated lifting device, one hundred dollars ($100) per visit collectible only if there is improper previous notice from the owner or user that the installation is ready for inspection.
        (11) Follow-up inspections on new installations caused by noncompliance, twenty-five dollars ($25).
        (12) Special services, requested consultations, or surveys, twenty-five dollars ($25) per hour for travel and consultation, not to exceed one hundred fifty dollars ($150) in any eight (8) hour period.
        (13) Temporary certificate of operation, fifteen dollars ($15).
    (b) Fees not described by subsection (a) may not be charged for additional inspections required to enforce this article concerning regulated lifting devices.
    SECTION 5. IC 22-13-2-2 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2002]: Sec. 2. (a) The commission shall adopt rules under IC 4-22-2 and IC 22-13-2.5 to adopt a statewide code of fire safety laws and building laws.
     (b) Before July 1, 2003, the commission shall adopt the most recent edition, including addenda, of the following national codes by rules under IC 4-22-2 and IC 22-13-2.5 :
        (1) ANSI A10.4 (Safety Requirements for Personnel Hoists).

         (2) ASME A17.1 (Safety Code for Elevators and Escalators, an American National Standard).
        (3) ASME A18.1 (Safety Standard for Platform Lifts and Stairway Chairlifts, American National Standard).
         (4) ASME QEI-1 (Standard for the Qualification of Elevator Inspectors, an American National Standard).
         (5) The American Society of Civil Engineers (ASCE) Automated People Mover Standard 21.
     (c) Before July 1, 2006, the commission shall adopt the most recent edition, including addenda, of ASME A17.3 (Safety Code for Existing Elevators and Escalators, an American National Standard) by rules under IC 4-22-2 and IC 22-13-2.5.
     (d) The commission may amend the national codes as a condition of the adoption under subsections (b) and (c).
    (e) The commission shall adopt the subsequent edition of each national code, including addenda, to be adopted as provided under subsections (b) and (c) within one (1) year after the effective date of the subsequent edition.

    SECTION 6. IC 22-13-2-8 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2002]: Sec. 8. (a) The commission shall adopt rules under IC 4-22-2 to create equipment laws applicable to regulated lifting devices. The rules must require the display of a certificate in or on each regulated lifting device or in an associated machine room, stating that a permit has been issued under IC 22-15-5-4 for the regulated lifting device.
    (b) Subject to the approval of the commission, the rules board shall adopt rules under IC 4-22-2 to create equipment laws applicable to regulated boilers and pressure vessels.
    (c) Subject to the approval of the commission, the regulated amusement device safety board established under IC 22-12-4.5 shall adopt rules under IC 4-22-2 to create equipment laws applicable to regulated amusement devices.
    SECTION 7. IC 22-13-2-9 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2002]: Sec. 9. Except as provided in section 10 of this chapter, political subdivisions do not have the power to regulate regulated amusement devices boilers and regulated lifting devices and pressure vessels.
    SECTION 8. IC 22-13-4-4 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2002]: Sec. 4. The commission may adopt building rules that exempt minor construction (as defined in the rules adopted by the commission) from the design release requirement under IC 22-15-3 and the regulated lifting device erection, construction, installation, or alteration permit requirement under IC 22-15-5.
    SECTION 9. IC 22-15-2-3 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2002]: Sec. 3. (a) The state

building commissioner shall organize the office into the following divisions:
        (1) A division of code enforcement to carry out section 7 of this chapter and IC 22-15-4 and to encourage the development of building law enforcement programs in other state agencies and in every political subdivision.
        (2) A division of plan review to carry out IC 22-15-3.
        (3) A division of elevator safety, to carry out which duties include inspections of regulated lifting devices as required under IC 22-15-5 and regulated amusement devices under IC 22-15-7.
        (4) A division of boiler and pressure vessel safety to carry out IC 22-15-6.
    (b) Inspections of regulated boilers shall be conducted by inspectors licensed under IC 22-15-6-5.
    (c) The state building commissioner may assign duties that are not described in subsection (a) to any division within the office.
    (d) The state building commissioner shall appoint the personnel in the office under IC 4-15-2.
    (e) The state building commissioner shall appoint a chief deputy state building commissioner. The appointee must be approved by the executive director of the department. The chief deputy may exercise any of the state building commissioner's responsibilities in the commissioner's absence.
    SECTION 10. IC 22-15-2-7 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2002]: Sec. 7. (a) The office shall carry out a program to enforce all laws described by one (1) or more of the following:
        (1) Building laws and related variances and other orders that apply to Class 1 structures.
        (2) Building laws and related variances and other orders that apply to industrialized building systems.
        (3) Building laws and related variances and other orders that apply to mobile structures.
        (4) Building laws, equipment laws, and related variances and other orders that apply to regulated lifting devices.
         (5) Equipment laws and related variances and other orders.
    (b) The office shall coordinate its enforcement program with the enforcement program conducted by the office of the state fire marshal under IC 22-14. The state building commissioner may authorize the office of the state fire marshal to carry out an enforcement function for the office.


    SECTION 11. IC 22-15-5-1 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2002]: Sec. 1. (a) The office shall issue a regulated lifting device construction, erection, installation, or alteration permit to an applicant who qualifies under this section.
    (b) To qualify for a permit under this section, an applicant must meet the following requirements:
        (1) Demonstrate through the submission of complete plans, including:
             (A) copies of specifications and accurately scaled and fully dimensioned plans showing the location of the installation in relation to the plans and elevation of the building;
            (B) plans showing the location of the machine room and the equipment to be installed, relocated, or altered;
            (C) plans showing the structural supporting members, including foundations; and
            (D) a specification of all materials employed and loads to be supported or conveyed;

        that the installation or alteration covered by the application will comply with all applicable equipment laws. and All plans and specifications must be sufficiently complete to illustrate all details of construction and design.
        (2) Pay the fee set under IC 22-12-6-9.
        (3) Be the holder of a current elevator contractor license, as set forth under IC 25-41-3.

    (c) A copy of the permit shall be kept at the construction site at all times while the work is in progress.
    (d)
The responsibilities of the office under this section may be carried out by a political subdivision that is approved by the commission under IC 22-13-2-10.
    SECTION 12. IC 22-15-5-1.3 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2002]: Sec. 1.3. A permit issued under section 1 of this chapter is subject to sanctions as provided in IC 22-12-7-7 for any of the following reasons:
         (1) A false statement or misrepresentation of the material fact in the application, plan, or specification on which the permit was based.
        (2) The work being performed is not in compliance with the applicable code.
        (3) The work is not being performed in accordance with the details of the application, plans, specifications, or conditions of the permit.

         (4) The elevator contractor to whom the permit was issued is the subject of an order issued under IC 22-12-7-4 and IC 22-12-7-6.
    SECTION 13. IC 22-15-5-1.5 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2002]: Sec. 1.5. A permit granted under section 1 of this chapter expires for the following reasons:
         (1) The work authorized by the permit has not begun within six (6) months after the date of issuance or within a shorter period if specified at the time of issuance of the permit.
        (2) The work authorized by the permit has been suspended or abandoned for at least sixty (60) days or a shorter period if specified at the time of the issuance of the permit.

    SECTION 14. IC 22-15-5-2 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2002]: Sec. 2. (a) This section does not apply to minor construction that is exempted from this section under IC 22-13-4.
    (b) This section applies to the following:
        (1) Each person who erects, constructs, installs, or alters a regulated lifting device, whether or not required to be licensed under IC 25-41-3 , IC 25-41-4 , or IC 25-41-5.
        (2) Each person who has control over the erection, construction, installation, or alteration of a regulated lifting device.
        (3) Each person who has control over the place where the regulated lifting device is erected, constructed, installed, or altered.
    (c) A person described in subsection (b) commits a Class C infraction if:
        (1) a regulated lifting device is erected, constructed, installed, or altered; and
        (2) no regulated lifting device erection, construction, installation or alteration permit issued under section 1 of this chapter covers the installation or alteration.
    SECTION 15. IC 22-15-5-3 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2002]: Sec. 3. (a) All regulated lifting devices shall be registered under this section.
     (b) The office shall issue a registration for a regulated lifting device to an applicant who qualifies under this section.
    (b) (c) To qualify for registration register a regulated lifting device under this section, an applicant must submit, on a form approved by the commission, the following information:
        (1) Type, contract rated load and speed, name of manufacturer,

location, and the nature of the use of the regulated lifting device.
        (2) Any information required under the rules adopted by the commission.
    SECTION 16. IC 22-15-5-4 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2002]: Sec. 4. (a) This section does not apply to a regulated lifting device located in a private residence.
    
(b)
The office shall carry out a program for the periodic inspection of regulated lifting devices being operated in Indiana. The office shall issue a regulated lifting device operating permit certificate to an applicant who qualifies under this section.
    (b) (c) A permit certificate issued under this section expires on the date set in the rules adopted by the commission. one (1) year after issuance.
    (c) (d) To qualify for a permit certificate under this section, an applicant must:
        (1) demonstrate through an inspection made by an elevator inspector licensed under IC 25-41-4-1 that the regulated lifting device covered by the application complies with the laws governing its construction, repair, maintenance, and operation; and
        (2) pay the applicable fee set under IC 22-12-6-9.
    (d) (e) The office may issue a temporary operating permit certificate to an applicant under this section who does not comply with subsection (c)(1). The applicant must pay the fee set under IC 22-12-6-9 to qualify for the temporary operating permit. certificate. Except as provided in subsection (e), the permit, certificate, including all renewal periods, is limited to sixty (60) days.
    (e) (f) The state building commissioner office may renew a temporary operating permit certificate issued under subsection (d) for thirty (30) day periods during the construction of a building if the regulated lifting device is used for the transportation of construction personnel, tools, and materials and is under the control of the installing licensed contractor.
    (f) (g) The responsibilities of the office under this section may be carried out by a political subdivision that is approved by the commission under IC 22-13-2-10.
    SECTION 17. IC 25-1-2-2.1 , AS AMENDED BY P.L.54-2001, SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2002]: Sec. 2.1. Rather than being issued annually, the following permits, licenses, certificates of registration, or evidences of authority granted by a state agency must be issued for a period of two

(2) years or for the period specified in the article under which the permit, license, certificate of registration, or evidence of authority is issued if the period specified in the article is longer than two (2) years:
        (1) Certified public accountants, public accountants, and accounting practitioners.
        (2) Architects and landscape architects.
        (3) Dry cleaners.
        (4) Professional engineers.
        (5) Land surveyors.
        (6) Real estate brokers.
        (7) Real estate agents.
        (8) Security dealers' licenses issued by the securities commissioner.
        (9) Dental hygienists.
        (10) Dentists.
        (11) Veterinarians.
        (12) Physicians.
        (13) Chiropractors.
        (14) Physical therapists.
        (15) Optometrists.
        (16) Pharmacists and assistants, drugstores or pharmacies.
        (17) Motels and mobile home park licenses.
        (18) Nurses.
        (19) Podiatrists.
        (20) Occupational therapists and occupational therapy assistants.
        (21) Respiratory care practitioners.
        (22) Social workers, marriage and family therapists, and mental health counselors.
        (23) Real estate appraiser licenses and certificates issued by the real estate appraiser licensure and certification board.
        (24) Wholesale legend drug distributors.
        (25) Physician assistants.
        (26) Dietitians.
        (27) Hypnotists.
        (28) Athlete agents.
         (29) Elevator contractors, elevator mechanics, and elevator inspectors.
    SECTION 18. IC 25-1-2-6, AS AMENDED BY P.L.54-2001, SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2002]: Sec. 6. (a) As used in this section, "license" includes all occupational and professional licenses, registrations, permits, and certificates issued under the Indiana Code, and "licensee" includes all

occupational and professional licensees, registrants, permittees, and certificate holders regulated under the Indiana Code.
    (b) This section applies to the following entities that regulate occupations or professions under the Indiana Code:
        (1) Indiana board of accountancy.
        (2) Indiana grain buyers and warehouse licensing agency.
        (3) Indiana auctioneer commission.
        (4) Board of registration for architects and landscape architects.
        (5) State board of barber examiners.
        (6) State board of cosmetology examiners.
        (7) Medical licensing board of Indiana.
        (8) Secretary of state.
        (9) State board of dentistry.
        (10) State board of funeral and cemetery service.
        (11) Worker's compensation board of Indiana.
        (12) Indiana state board of health facility administrators.
        (13) Committee of hearing aid dealer examiners.
        (14) Indiana state board of nursing.
        (15) Indiana optometry board.
        (16) Indiana board of pharmacy.
        (17) Indiana plumbing commission.
        (18) Board of podiatric medicine.
        (19) Private detectives licensing board.
        (20) State board of registration for professional engineers.
        (21) Board of environmental health specialists.
        (22) State psychology board.
        (23) Indiana real estate commission.
        (24) Speech-language pathology and audiology board.
        (25) Department of natural resources.
        (26) State boxing commission.
        (27) Board of chiropractic examiners.
        (28) Mining board.
        (29) Indiana board of veterinary medical examiners.
        (30) State department of health.
        (31) Indiana physical therapy committee.
        (32) Respiratory care committee.
        (33) Occupational therapy committee.
        (34) Social worker, marriage and family therapist, and mental health counselor board.
        (35) Real estate appraiser licensure and certification board.
        (36) State board of registration for land surveyors.
        (37) Physician assistant committee.


        (38) Indiana dietitians certification board.
        (39) Indiana hypnotist committee.
        (40) Attorney general (only for the regulation of athlete agents).
        (41) Fire prevention and building safety commission for occupations related to elevators.
         (42) Any other occupational or professional agency created after June 30, 1981.
    (c) Notwithstanding any other law, the entities included in subsection (b) shall send a notice of the upcoming expiration of a license to each licensee at least sixty (60) days prior to the expiration of the license. The notice must inform the licensee of the need to renew and the requirement of payment of the renewal fee. If this notice of expiration is not sent by the entity, the licensee is not subject to a sanction for failure to renew if, once notice is received from the entity, the license is renewed within forty-five (45) days of the receipt of the notice.
    SECTION 19. IC  25-1-6-3 , AS AMENDED BY P.L.227-2001, SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2002]: Sec. 3. (a) There is established the Indiana professional licensing agency. The licensing agency shall perform all administrative functions, duties, and responsibilities assigned by law or rule to the executive director, secretary, or other statutory administrator of the following:
        (1) Indiana board of accountancy (IC 25-2.1-2-1).
        (2) Board of registration for architects and landscape architects (IC 25-4-1-2).
        (3) Indiana auctioneer commission (IC 25-6.1-2-1).
        (4) State board of barber examiners (IC 25-7-5-1).
        (5) State boxing commission (IC 25-9-1).
        (6) State board of cosmetology examiners (IC 25-8-3-1).
        (7) State board of funeral and cemetery service (IC 25-15-9).
        (8) State board of registration for professional engineers (IC 25-31-1-3).
        (9) Indiana plumbing commission (IC 25-28.5-1-3).
        (10) Indiana real estate commission (IC 25-34.1).
        (11) Real estate appraiser licensure and certification board (IC 25-34.1-8-1).
        (12) Private detectives licensing board (IC 25-30-1-5.1).
        (13) State board of registration for land surveyors (IC 25-21.5-2-1).
         (14) Fire prevention and building safety commission for occupations related to elevators (IC 25-41-1-2).
    (b) Except for appeals of denials of license renewals to the executive director authorized by section 5.5 of this chapter, nothing in this chapter may be construed to give the licensing agency policy making authority, which remains with each board.
    SECTION 20. IC  25-1-7-1 , AS AMENDED BY P.L.82-2000, SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2002]: Sec. 1. As used in this chapter:
    "Board" means the appropriate agency listed in the definition of regulated occupation in this section.
    "Director" refers to the director of the division of consumer protection.
    "Division" refers to the division of consumer protection, office of the attorney general.
    "Licensee" means a person who is:
        (1) licensed, certified, or registered by a board listed in this section; and
        (2) the subject of a complaint filed with the division.
    "Person" means an individual, a partnership, a limited liability company, or a corporation.
    "Regulated occupation" means an occupation in which a person is licensed, certified, or registered by one (1) of the following:
        (1) Indiana board of accountancy (IC 25-2.1-2-1).
        (2) Board of registration for architects and landscape architects (IC 25-4-1-2).
        (3) Indiana auctioneer commission (IC 25-6.1-2-1).
        (4) State board of barber examiners (IC 25-7-5-1).
        (5) State boxing commission (IC 25-9-1).
        (6) Board of chiropractic examiners (IC 25-10-1).
        (7) State board of cosmetology examiners (IC 25-8-3-1).
        (8) State board of dentistry (IC 25-14-1).
        (9) State board of funeral and cemetery service (IC 25-15-9).
        (10) State board of registration for professional engineers (IC 25-31-1-3).
        (11) Indiana state board of health facility administrators (IC 25-19-1).
        (12) Medical licensing board of Indiana (IC 25-22.5-2).
        (13) Indiana state board of nursing (IC 25-23-1).
        (14) Indiana optometry board (IC 25-24).
        (15) Indiana board of pharmacy (IC 25-26).
        (16) Indiana plumbing commission (IC 25-28.5-1-3).
        (17) Board of podiatric medicine (IC 25-29-2-1).
        (18) Board of environmental health specialists (IC 25-32-1).
        (19) State psychology board (IC 25-33).
        (20) Speech-language pathology and audiology board (IC 25-35.6-2).
        (21) Indiana real estate commission (IC 25-34.1-2).
        (22) Indiana board of veterinary medical examiners (IC 15-5-1.1).
        (23) Department of natural resources for purposes of licensing water well drillers under IC  25-39-3 .
        (24) Respiratory care committee (IC 25-34.5).
        (25) Private detectives licensing board (IC 25-30-1-5.1).
        (26) Occupational therapy committee (IC 25-23.5).
        (27) Social worker, marriage and family therapist, and mental health counselor board (IC 25-23.6).
        (28) Real estate appraiser licensure and certification board (IC 25-34.1-8).
        (29) State board of registration for land surveyors (IC 25-21.5-2-1).
        (30) Physician assistant committee (IC 25-27.5).
        (31) Indiana athletic trainers board (IC 25-5.1-2-1).
        (32) Indiana dietitians certification board (IC 25-14.5-2-1).
        (33) Indiana hypnotist committee (IC 25-20.5-1-7).
        (34) Indiana physical therapy committee (IC 25-27).
        (35) Fire prevention and building safety commission for purposes of licensing occupations related to elevators (IC 25-41).
        (36)
Any other occupational or professional agency created after June 30, 1981.
    SECTION 21. IC 25-1-8-1 , AS AMENDED BY P.L.82-2000, SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2002]: Sec. 1. As used in this chapter, "board" means any of the following:
        (1) Indiana board of accountancy (IC 25-2.1-2-1).
        (2) Board of registration for architects and landscape architects (IC 25-4-1-2).
        (3) Indiana auctioneer commission (IC 25-6.1-2-1).
        (4) State board of barber examiners (IC 25-7-5-1).
        (5) State boxing commission (IC 25-9-1).
        (6) Board of chiropractic examiners (IC 25-10-1).
        (7) State board of cosmetology examiners (IC 25-8-3-1).
        (8) State board of dentistry (IC 25-14-1).
        (9) State board of funeral and cemetery service (IC 25-15).
        (10) State board of registration for professional engineers (IC 25-31-1-3).
        (11) Indiana state board of health facility administrators (IC 25-19-1).
        (12) Medical licensing board of Indiana (IC 25-22.5-2).
        (13) Mining board (IC 22-10-1.5-2).
        (14) Indiana state board of nursing (IC 25-23-1).
        (15) Indiana optometry board (IC 25-24).
        (16) Indiana board of pharmacy (IC 25-26).
        (17) Indiana plumbing commission (IC 25-28.5-1-3).
        (18) Board of environmental health specialists (IC 25-32-1).
        (19) State psychology board (IC 25-33).
        (20) Speech-language pathology and audiology board (IC 25-35.6-2).
        (21) Indiana real estate commission (IC 25-34.1-2-1).
        (22) Indiana board of veterinary medical examiners (IC 15-5-1.1-3).
        (23) Department of insurance (IC 27-1).
        (24) State police department (IC 10-1-1-1), for purposes of certifying polygraph examiners under IC 25-30-2.
        (25) Department of natural resources for purposes of licensing water well drillers under IC 25-39-3.
        (26) Private detectives licensing board (IC 25-30-1-5.1).
        (27) Occupational therapy committee (IC 25-23.5-2-1).
        (28) Social worker, marriage and family therapist, and mental health counselor board (IC 25-23.6-2-1).
        (29) Real estate appraiser licensure and certification board (IC 25-34.1-8).
        (30) State board of registration for land surveyors (IC 25-21.5-2-1).
        (31) Physician assistant committee (IC 25-27.5).
        (32) Indiana athletic trainers board (IC 25-5.1-2-1).
        (33) Board of podiatric medicine (IC 25-29-2-1).
        (34) Indiana dietitians certification board (IC 25-14.5-2-1).
        (35) Indiana physical therapy committee (IC 25-27).
        (36) Fire prevention and building safety commission for purposes of licensing elevator contractors under IC 25-41-3 , elevator inspectors under IC 25-41-4 , and elevator mechanics under IC 25-41-5.
        (37)
Any other occupational or professional agency created after June 30, 1981.
    SECTION 22. IC  25-1-11-1 , AS AMENDED BY P.L.82-2000, SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2002]: Sec. 1. As used in this chapter, "board" means any of

the following:
        (1) Indiana board of accountancy (IC 25-2.1-2-1).
        (2) Board of registration for architects and landscape architects (IC 25-4-1-2).
        (3) Indiana auctioneer commission (IC 25-6.1-2).
        (4) State board of barber examiners (IC 25-7-5-1).
        (5) State boxing commission (IC 25-9-1).
        (6) State board of cosmetology examiners (IC 25-8-3-1).
        (7) State board of registration of land surveyors (IC 25-21.5-2-1).
        (8) State board of funeral and cemetery service (IC 25-15-9).
        (9) State board of registration for professional engineers (IC 25-31-1-3).
        (10) Indiana plumbing commission (IC 25-28.5-1-3).
        (11) Indiana real estate commission (IC 25-34.1-2-1).
        (12) Until July 1, 1996, Indiana State board of television and radio service examiners (IC 25-36-1-4).
        (13) (12) Real estate appraiser licensure certification board (IC 25-34.1-8).
        (14) (13) Private detectives licensing board (IC 25-30-1-5.1).
         (14) Fire prevention and building safety commission for purposes of licensing occupations related to (IC 25-41) elevators.
    SECTION 23. IC 25-41 IS ADDED TO THE INDIANA CODE AS A NEW ARTICLE TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2002]:
     ARTICLE 41. OCCUPATIONS RELATED TO ELEVATORS
    Chapter 1. Miscellaneous
    Sec. 1. For purposes of this article and IC 25-1-7 , the occupation of an:
        (1) elevator contractor;
        (2) elevator inspector; or
        (3) elevator mechanic;
is a regulated occupation (as defined in IC 25-1-7-1 ).
    Sec. 2. For purposes of licensing an:
        (1) elevator contractor;
        (2) elevator inspector; or
        (3) elevator mechanic;
under this article, the fire prevention and building safety commission is a "board" under IC 25-1-8-1.

     Chapter 2. Definitions
    Sec. 1. The definitions in this chapter apply throughout this article.


    Sec. 2. "Commission" refers to the fire prevention and building safety commission established by IC 22-12-2-1.
    Sec. 3. "Competency examination" means the competency examination that is administered by the department and required as a prerequisite to the issuance of an elevator contractor license to certain persons under IC 25-41-3-5.
    Sec. 4. "Department" means the fire and building services department established by IC 22-12-5-1.
    Sec. 5. "Emergency elevator mechanic license" means a license issued by the department under IC 25-41-5-5 that allows an individual who has not qualified for an elevator mechanic license to work for a period of an emergency as an elevator mechanic.
    Sec. 6. (a) "Person", except as provided in subsection (b), means an individual.
    (b) In addition to subsection (a), as used in IC 25-41-3 , "person" means:
        (1) the partners or members of a:    
            (A) partnership;
            (B) limited partnership; or
        (2) with respect to a corporation, the:
            (A) corporate entity; or
            (B) the officers or directors and employees.    
    Sec. 7. "Temporary elevator mechanic license" means a license issued by the department under IC 25-41-5-4 that allows an individual who has not qualified for an elevator mechanic license to work for a specified period as an elevator mechanic.

     Chapter 3. Elevator Contractor License
     Sec. 1. (a) A person may not act as an elevator contractor unless the person or the partnership or corporation by which the person is employed holds an elevator contractor license issued under this chapter.
    (b) The department shall issue a license to each person who applies and qualifies for a license under this chapter.
    (c) An elevator contractor license issued under this chapter expires on the second December 31 after it was issued.
    (d) A renewal of an elevator contractor license is valid for two (2) years.
    Sec. 2. (a) If a corporation acts as an elevator contractor, at least one (1) officer or employee of the corporation must hold a valid elevator contractor license as provided by this chapter.
    (b) To act as an elevator contractor, a corporation must:
        (1) file an application for an elevator contractor license as

provided in section 4 of this chapter, which must include the name of any officer or employee of the corporation who holds a valid elevator contractor license; and
        (2) receive a license to act as an elevator contractor.
    (c) A license granted to a corporation to act as an elevator contractor under this chapter becomes invalid when no officer or employee of the corporation holds a valid elevator contractor license as provided by this chapter.
    Sec. 3. (a) At least one (1) member of a partnership who acts as an elevator contractor must hold a license as an elevator contractor.
    (b) If a limited partnership acts as an elevator contractor, only the general partner must hold a license as an elevator contractor.
    (c) A license granted to a partnership to act as an elevator contractor under this chapter becomes invalid when the general partner of a limited partnership or a partner of a partnership no longer holds a valid elevator contractor license as provided by this chapter.
    Sec. 4. (a) An application for an elevator contractor license must be made on a form prescribed by the commission. The commission shall adopt rules under IC 4-22-2 to prescribe the application form and shall prescribe a form that identifies the applicant and obtains information to determine if the applicant is qualified to be licensed.
    (b) When application is made for a partnership or corporation, the application shall designate the:
        (1) partner;
        (2) officer of the corporation; or
        (3) employee of the corporation;
who holds an elevator contractor license as provided in section 1(b) of this chapter.
    (c) An application for a license or a license renewal must be accompanied by a license fee established under IC 25-1-8-2 (a). The license fee is nonrefundable and must be paid each time an applicant completes an application or applies to take the examination.
    Sec. 5. To qualify for an elevator contractor license, an individual must:
        (1) furnish proof of a current or previous elevator contractor license
issued by another state or at least five (5) years work experience in the elevator industry in construction, maintenance, and service or repair in Indiana; or
        (2) successfully complete a written competency examination

prepared and administered by the department.
    Sec. 6. An individual engaged in the business of an elevator contractor shall carry:
        (1) the individual's license; or
        (2) a facsimile of the license of the partnership or corporation by which the individual is employed;
and present the license for inspection by a representative of the department upon request.
    Sec. 7. (a) Before an elevator contractor license may be issued, a person must submit to the department proof of insurance issued by an insurance company authorized to conduct business in Indiana providing general liability coverage of:
        (1) at least one million dollars ($1,000,000) for the injury or death of any number of persons in any one (1) occurrence; and
        (2) at least five hundred thousand dollars ($500,000) for property damage in any one (1) occurrence.
An insurance policy required under this section must provide by the policy's original terms or endorsement that the insurer may not cancel or materially alter the terms of the policy without at least ten (10) days notice to the department.
    (b) Before an elevator contractor license may be issued to a person, the person must submit to the department proof of worker's compensation coverage under IC 22-3-2-5.
    Sec. 8. If an elevator contractor is unable to secure licensed elevator mechanics to perform construction, maintenance, or service and repair of elevators, the elevator contractor may notify the department to seek the issuance of a temporary elevator mechanic license, as provided in IC 25-41-5-4 , or an emergency elevator mechanic license, as provided in IC 25-41-5-5
.
    Sec. 9. The commission may adopt and enforce rules under IC 4-22-2 that are necessary to carry out this chapter.

     Chapter 4. Elevator Inspector License
    Sec. 1. (a) An individual may not act as an elevator inspector unless the individual holds an elevator inspector license issued under this chapter.
    (b) The department shall issue a license to each individual who applies and qualifies for a license under this chapter.
    (c) An individual engaging in the business of an elevator inspector shall carry the individual's license and present the license for inspection by a representative of the department upon request.
    (d) An elevator inspector license issued under this chapter

expires on the second December 31 after it is issued.
    (e) A renewal of an elevator inspector license is valid for two (2) years.
    Sec. 2. (a) An application for an elevator inspector license must be made on a form prescribed by the commission. The commission shall adopt rules under IC 4-22-2 to prescribe the application form and shall prescribe a form that will identify the applicant and obtain information to determine if the applicant is qualified to be licensed.
    (b) An application for a license or a license renewal must be accompanied by a license fee established under IC 25-1-8-2 (a).

     Sec. 3. (a) To qualify for an elevator inspector license, an individual must prove to the department that the individual meets the standards set forth in American Society of Mechanical Engineers (ASME) American National Standard QEI-1 (Standard for the Qualification of Elevator Inspectors) or other nationally accepted standard qualifying authority approved by the commission.
    (b) The fee for issuance of the license shall be set under IC 25-1-8-2.
    Sec. 4. (a) As used in this section, "municipality" has the meaning set forth in IC 36-1-2-11.
    (b) This section does not apply to an individual employed by:
        (1) the state;
        (2) a county; or
        (3) a municipality.
    (c) Before an elevator inspector license may be issued to an individual, the individual must submit to the department proof of insurance issued by an insurance company authorized to conduct business in Indiana, providing general liability coverage of:
        (1) at least one million
dollars ($1,000,000) for the injury or death of any number of persons in any one (1) occurrence; and
        (2) at least five hundred thousand dollars ($500,000) for property damage in any one (1) occurrence.
An insurance policy required under this section must provide by the policy's original terms or endorsement that the insurer may not cancel or materially alter the terms of the policy without at least ten (10) days notice to the department.

     Sec. 5. The commission may adopt and enforce rules under IC 4-22-2 that are necessary to carry out this chapter.
     Chapter 5. Elevator Mechanic License


    Sec. 1. (a) An individual may not act as an elevator mechanic unless the individual holds an elevator mechanic license issued under this chapter.
    (b) The department shall issue a license to each individual who applies and qualifies for a license under this chapter.
    (c) An individual engaged in the business of an elevator mechanic shall carry the individual's license and present the license for inspection by a representative of the department upon request.
    (d) An elevator mechanic license issued under this chapter expires on the second December 31 after it was issued.
    (e) A renewal of an elevator mechanic license is valid for two (2) years.
    Sec. 2. (a) An application for an elevator mechanic license must be made on a form prescribed by the commission. The commission shall adopt rules under IC 4-22-2 to prescribe the application form and shall prescribe a form that will identify the applicant and obtain information to determine if the applicant is qualified to be licensed.
    (b) An application for a license or a license renewal must be accompanied by a license fee established under IC 25-1-8-2 (a).
    Sec. 3. (a) To qualify for an elevator mechanic license, an individual must:
        (1) furnish proof acceptable to the department of not less than three (3) years work experience performing the duties of an elevator mechanic in Indiana without direct supervision and make application for the license before January 1, 2003;
        (2) furnish proof of at least three (3) years work experience in the elevator industry in construction, maintenance, and service or repair, as verified by current and previous employers licensed as contractors under IC 25-41-3 , and successfully complete a written competency examination prepared and administered by the department;
        (3) submit a certificate of completion and a passing score on the mechanic's examination portion of a nationally recognized training program for the elevator industry, including the National Elevator Industry Educational Program or a comparable program;
        (4) submit certificates of completion of an apprenticeship program for elevator mechanics that:
            (A) has standards substantially the same as those of this chapter; and
            (B) is registered with the Bureau of Apprenticeship and

Training of the United States Department of Labor or a state apprenticeship program; or
        (5) submit a valid license from a state that meets or exceeds standards established by the commission.
    (b) The fee to take the competency examination shall be set by the commission under IC 25-1-8-2. The fee is nonrefundable and must be paid each time an applicant applies to take the examination.
    Sec. 4. (a) If an elevator contractor is unable to secure licensed elevator mechanics to perform construction, maintenance, or service and repair of elevators, the elevator contractor may notify the department and request that the department issue a temporary elevator mechanic license to an individual certified by the elevator contractor as possessing sufficient documented experience and education to perform elevator construction, maintenance, or service and repair.
    (b) The individual certified under subsection (a) as possessing documented experience and education to perform elevator construction, maintenance, or service and repair shall:
        (1) apply for a temporary elevator mechanic license from the department; and
        (2) pay a license fee established by the commission.
    (c) The temporary elevator mechanic license is valid for thirty (30) days after the date of issuance and is valid only for work performed by the applicant for the elevator contractor that has made the certification under subsection (a).
    (d) A temporary elevator mechanic license issued under this section may be renewed for subsequent thirty (30) day periods. To renew the license, the license holder must submit a renewal application and pay the fee established by the commission for renewal.
    Sec. 5. (a) If an elevator contractor is unable to secure licensed elevator mechanics to perform construction, maintenance, or service and repair of elevators due to a disaster (as defined in IC 10-4-1-3 ), the elevator contractor may notify the department and request that the department issue an emergency elevator mechanic license to an individual certified by the elevator contractor as possessing sufficient documented experience and education to perform elevator construction, maintenance, or service and repair.
    (b) The request for the emergency elevator mechanic license must be made within five (5) business days after the

commencement of work by the individual to be issued an emergency elevator mechanic license.
    (c) The individual certified under subsection (a) as possessing documented experience and education to perform elevator construction, maintenance, or service and repair shall:
        (1) apply for an emergency elevator mechanic license from the department simultaneously with the request made under subsection (a); and
        (2) pay a license fee established by the commission.
    (d) The emergency elevator mechanic license is valid for thirty (30) days after the date of issuance and is valid only for work performed by the applicant for the elevator contractor that has made the certification under subsection (a).
    (e) A temporary elevator mechanic license issued under this section may be renewed for subsequent thirty (30) day periods during the existence of the emergency, as determined by the department.
    (f) A fee shall not be charged for an emergency elevator mechanic license or renewal.
    Sec. 6. The commission may adopt and enforce rules under IC 4-22-2 that are necessary to carry out this chapter.

     Chapter 6. Continuing Education
    Sec. 1. This chapter does not apply to the holder of an elevator contractor license under IC 25-41-3 that is not an individual.
    Sec. 2. To renew a license issued under IC 25-41-3 , IC 25-41-4 , or IC 25-41-5 , the license holder must satisfy the continuing education requirement and submit a certificate of completion of training to the department.
    Sec. 3. The continuing education requirement is at least eight (8) hours of instruction, which must be attended and completed within one (1) year before a license renewal under IC 25-41-3 , IC 25-41-4 , or IC 25-41-5.
    Sec. 4. The continuing education courses designed to ensure the continuing education of an individual holding a license regarding new and existing provisions of the rules of the commission may include, but are not limited to:
        (1) programs of the department;
        (2) trade association seminars;
        (3) labor training programs; or
        (4) joint labor management apprenticeship and journeyman upgrade training programs.
In order for an individual's completion of a continuing education

course to satisfy the individual's continuing education requirement under this chapter, the provider of the course and the curriculum must have been approved by the commission.
    Sec. 5. Upon submission of a certificate of training of approved curriculum from an approved continuing education provider, the department may renew a license.
    Sec. 6. All instructors of continuing education courses must be approved by the commission. If an instructor is approved by the commission and if the instructor has worked as an instructor at any time less than one (1) year before the scheduled date for renewal and shows proof of this work to the department, the instructor is exempt from the requirements of section 1 of this chapter.
    Sec. 7. (a) An individual licensed under
IC 25-41-3 , IC 25-41-4 , or IC 25-41-5 who is unable to complete the continuing education required under this chapter before the expiration of the individual's license due to temporary physical or mental disability may apply for a waiver from the department.
    (b) A waiver application must be submitted to the department on a form established by rule under IC 4-22-2.
    (c) A waiver application must be signed and accompanied by an affidavit signed by the physician of the applicant attesting to the applicant's temporary disability.
    (d) After the cessation of the temporary disability, the applicant must submit to the department a certification from the same physician, if the physician is still the treating physician of the applicant, or from a subsequent treating physician attesting to the termination of the temporary disability.
    (e) Upon the submission of the certification under subsection (d), the department shall issue a temporary waiver of the continuing education requirement. A temporary waiver is valid for ninety (90) days after the date of issue and allows the individual to work as an elevator contractor, elevator inspector, or elevator mechanic without the completion of the continuing education requirement for ninety (90) days.
    (f) A temporary waiver of the continuing education requirement may not be renewed.
    Sec. 8. Continuing education providers approved by the division shall keep uniform records of attendance at continuing education courses for at least ten (10) years on forms designed and distributed by the department.
    Sec. 9. Falsifying or knowingly allowing another person to

falsify attendance records or certificates of completion of continuing education courses provided under this chapter is grounds for suspension or revocation of the license renewed under section 4 of this chapter.
    Chapter 7. Violations
    Sec. 1. (a) The department may suspend or revoke under IC 4-21.5-3-6 the license of an elevator contractor, elevator inspector, or elevator mechanic who has done any of the following:
        (1) Acted as an elevator contractor, elevator inspector, or elevator mechanic without a license, in violation of this article.
        (2) Secured a license through error or fraud.
        (3) Failed to comply with any requirement of this article.
        (4) Failed to notify the commission and the owner or lessee of a regulated lifting device of any condition not in compliance with IC 22-15-5-4 (c)(1).
    (b) The department may refuse under IC 4-21.5-3-5 to grant, renew, or restore a license to a person who has done any of the following:
        (1) Acted as an elevator contractor, elevator inspector, or elevator mechanic without a license in violation of this article.
        (2) Secured a license through error or fraud.
        (3) Failed to comply with any requirement of this article.

         (4) Failed to notify the commission and the owner or lessee of a regulated lifting device of any condition not in compliance with IC 22-15-5-4 (c)(1).
    SECTION 24. [EFFECTIVE JULY 1, 2002] (a) Notwithstanding IC 22-12-6-9 and IC 22-13-2-8 , both as amended by this act, the fire prevention and building safety commission shall carry out the duties imposed upon the commission by IC 22-12-6-9 and IC 22-13-2-8 under interim written guidelines approved by the fire prevention and building safety commission.
    (b) This SECTION expires on the earlier of the following:
        (1) The date rules are adopted under IC 22-12-6-9 and IC 22-13-2-8, both as amended by this act.
        (2) December 31, 2002.

    SECTION 25. [EFFECTIVE JULY 1, 2002] (a) Notwithstanding IC 25-41-3-1 , as added by this act, the requirement that an individual may not act as an elevator contractor unless the individual holds an elevator contractor license does not apply to an individual before January 1, 2003.
    (b) Notwithstanding IC 25-41-4-1 , as added by this act, the requirement that an individual may not act as an elevator

inspector unless the individual holds an elevator inspector license does not apply to an individual before January 1, 2003.
    (c) Notwithstanding IC 25-41-5-1 , as added by this act, the requirement that an individual may not act as an elevator mechanic unless the individual holds an elevator mechanic license does not apply to an individual before January 1, 2003.
    (d) This SECTION expires June 30, 2003.