Citations Affected: IC 22-12; IC 22-13; IC 22-15; IC 25-1; IC 25-41;
noncode.
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. Makes
conforming amendments.
Effective: July 1, 2002.
January 14, 2002, read first time and referred to Committee on Public Policy.
January 31, 2002, amended, reported favorably _ Do Pass.
A BILL FOR AN ACT to amend the Indiana Code concerning labor
and industrial safety.
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.
(13) 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) (14) A materials conveyor with a platform.
(15) A powered platform and equipment for exterior and
interior maintenance within the scope of ANSI 120.1.
SECTION 4. 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 December 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.
(6) ANSI A90.1 Safety Code for Manlifts.
(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 shall adopt the subsequent edition of each
national code, including addenda, to be adopted as provided under
subsections (b) and (c) within eighteen (18) months after the
effective date of the subsequent edition.
(e) The commission may amend the national codes as a
condition of the adoption under subsections (b), (c), and (d).
SECTION 5. 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 :
(1) amusement devices ;
(2) boilers ;
(3) lifting devices ; and
(4) pressure vessels.
SECTION 6. 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 7. 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 8. 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 9. 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 regulated lifting device must be installed or altered in
compliance with:
(1) applicable codes; and
(2) the details of the application, plans, specifications, and
conditions of the permit.
(e) 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 10. 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 11. 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
one (1) year 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 one hundred eighty (180) days or a
shorter period if specified at the time of the issuance of the
permit.
SECTION 12. 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. However, the
erection, construction, installation, alteration, or maintenance
of a regulated lifting device to which ASME A18.1 applies is
not required to be performed by a mechanic licensed under
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 13. 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, office, 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 14. IC 22-15-5-4 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2002]: Sec. 4. (a) 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 to an applicant who qualifies under this
section. may not be operated without an operating certificate that
covers the operation of the regulated lifting device.
(b) A permit issued under this section expires on the date set in the
rules adopted by the commission. earlier of:
(1) one (1) year after issuance; or
(2) when the regulated lifting device is altered.
(c) To qualify for a permit under this section an After a regulated
lifting device has been installed or altered, an applicant shall apply
for an initial operating certificate. The office shall issue an initial
operating certificate for a regulated lifting device if:
(1) the applicant must (1) demonstrate: demonstrates:
(A) through an acceptance 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 (B) that the applicant has paid the fee set under
IC 22-12-6-9; and
(2) the office verifies, through an inspection, that the
regulated lifting device complies with the laws governing the
construction, repair, maintenance, and operation of the
regulated lifting device.
(d) The office shall issue a renewal operating certificate if the
applicant:
(1) demonstrates through the completion of applicable safety
tests that the regulated lifting device complies with the laws
governing the construction, repair, maintenance, and
operation of the regulated lifting device; and
(2) has paid the fee set under IC 22-12-6-9.
(d) (e) The office may issue a temporary operating permit to an
applicant under this section who does not comply with subsection
(c)(1). (c)(1)(A) for a new or altered regulated lifting device or
subsection (d)(1) for an existing unaltered regulated lifting device.
The applicant must pay the fee set under IC 22-12-6-9 to qualify for the
temporary operating permit. Except as provided in subsection (e), (f),
the permit, including all renewal periods, is limited to sixty (60) days.
(e) (f) The state building commissioner may renew a temporary
operating permit issued under subsection (d) (e) 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.
(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.
(h) A copy of the operating certificate shall be displayed in or on
each regulated lifting device or in an associated machine room.
SECTION 15. 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.
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 by the commission and administered by the agency.
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
commission upon request.
Sec. 7. (a) Before an elevator contractor license may be issued,
a person must submit to the agency 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 agency.
(b) Before an elevator contractor license may be issued to a
person, the person must submit to the agency 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 commission 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 commission 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 commission 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 commission 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 agency 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 agency.
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 commission 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 commission 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 commission of not less than
three (3) years work experience performing the duties of an
elevator mechanic in Indiana, including current employment
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, and successfully complete a written competency
examination prepared by the commission and administered by
the agency;
(3) furnish proof of at least:
(A) eighteen (18) months experience in the elevator
industry; and
(B) three (3) years experience in a related field that is
certified by an elevator contractor licensed under
IC 25-41-3;
and successfully complete a written competency examination
prepared by the commission and administered by the agency;
(4) submit a certificate of completion and a passing score on
the mechanic's examination portion of a training program for
the elevator industry approved by the commission;
(5) 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
(6) 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 agency and request that the agency 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
agency; 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 agency and
request that the agency 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
agency 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
commission.
(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 agency.
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 sponsored by the commission;
(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
agency 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 agency, 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 agency.
(b) A waiver application must be submitted to the agency 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 agency 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 agency 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
commission shall keep uniform records of attendance at continuing
education courses for at least ten (10) years on forms designed and
distributed by the commission.
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 commission 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 commission 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 22. [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.