SENATE, No. 492

 

STATE OF NEW JERSEY

 

INTRODUCED JANUARY 22, 1996

 

 

By Senator BENNETT

 

 

An Act concerning the testing and inspecting of elevator devices and supplementing P.L.1975, c.217 (C.52:27D-119 et seq.).

 

    Be It Enacted by the Senate and General Assembly of the State of New Jersey:

 

    1. a. As used in this section:

    "Elevator device" means a hoisting and lowering device equipped with a car or platform which moves in guides for the transportation of individuals or freight in a substantially vertical direction through successive floors or levels of a building or structure. The term includes, without limitation, elevators, dumbwaiters, wheelchair lifts, manlifts, stairway chairlifts and any device within the scope of ASME A17.1 (Safety Code for Elevators and Escalators) or ASME A90.1 (Safety Standard for Belt Manlifts), except escalators and moving walks. It shall not include any conveyor devices that are process equipment.

    "Qualified elevator device inspection firm" means any entity, whether a sole proprietorship, partnership, association or corporation, that is engaged in the business of inspecting, testing, installing, maintaining or repairing elevator devices, or the business of inspecting and testing elevator devices, is registered for those purposes with the Department of Community Affairs, and employs at least one qualified elevator device inspector.

    "Qualified elevator device inspector" means any person who is employed by a qualified elevator device inspection firm and who is licensed by the Department of Community Affairs to conduct the routine, periodic and acceptance inspections and tests of elevator devices required pursuant to the provisions of the "State Uniform Construction Code Act," P.L.1975, c.217 (C.52:27D-119 et seq.).

    b. No elevator devices which, under the provisions of the "State Uniform Construction Code Act," P.L.1975, c.217 (C.52:27D-119 et seq.), are subject to routine, periodic and acceptance inspections and tests by the local enforcing agency or the Department of Community Affairs shall be subject to such inspections and tests, nor shall the owner of the structure be charged any fees therefor, if those elevator devices are subjected to acceptance testing and are routinely and periodically inspected and tested by a qualified elevator device inspection firm, and the owner has registered each such elevator device with the Department of Community Affairs and has indicated in the registration application form, or in a supplement to that form, the identity of the qualified elevator device inspection firm that has been given responsibility for inspection and testing of the elevator device.

    The inspections and tests, including the frequency thereof, conducted by a qualified elevator device inspector shall be in accordance with such rules and regulations as the Commissioner of Community Affairs may prescribe pursuant to the "State Uniform Construction Code Act," P.L.1975, c.217 (C.52:27D-119 et seq.) and subsection e. of this section. Acceptance testing and the five-year test shall be witnessed by the local enforcing agency or the Department of Community Affairs in accordance with such rules and regulations as the Commissioner of Community Affairs may prescribe pursuant to the "State Uniform Construction Code Act," P.L.1975, c.217 (C.52:27D-119 et seq.) and subsection e. of this section. No qualified elevator device inspector shall act in that capacity when his work on the elevator device is the work being inspected.

    c. If, upon inspection or test, a qualified elevator device inspector shall find that an elevator device is in a dangerous condition, or if there is an immediate hazard to persons riding on or using any such device, the inspector shall immediately prohibit any further use of the device and shall so notify in writing the owner and the local enforcing agency or Department of Community Affairs, as the case may be. The device shall remain out of service until such time as the inspector shall certify in writing that the dangerous condition or immediate hazard has been removed or corrected and that the device is safe for public use. If the local enforcing agency or the department shall determine, in response to a complaint or otherwise, that an elevator device is in a dangerous condition or that there is an immediate hazard to persons riding on or using that device, the local enforcing agency or the department may require the owner of the elevator device to make such repairs as may be necessary, or take other corrective action, within such time as the local enforcing agency or the department, as the case may be, shall prescribe.

    d. Any qualified elevator device inspector or qualified elevator device inspection firm violating the provisions of this section shall be subject to a penalty in accordance with section 20 of P.L.1975, c.217 (C.52:27D-138) and shall also be subject to suspension or revocation by the Department of Community Affairs of licensure or registration as a qualified elevator device inspector or qualified elevator device inspection firm, as the case may be.

    e. The Commissioner of Community Affairs, in accordance with the provisions of the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), shall promulgate rules and regulations to effectuate the purposes of this act. The rules and regulations shall provide for, but not be limited to, the qualifications for licensing of qualified elevator device inspectors, the registration of qualified elevator device inspection firms, the manner and form of licensure and registration, the fee for each such license or registration , the manner in which test results pursuant to this act are to be recorded, and minimum liability insurance requirements for qualified elevator device inspection firms, for which proof thereof shall be provided by the firms to the department. License and registration fees shall be designed to cover, but not exceed, the actual costs the department shall incur in administering the provisions of this act.

 

    2. This act shall take effect on the first day of the fourth month following enactment.

 

STATEMENT

 

    This bill provides that elevator devices, including elevators, dumbwaiters, and manlifts, which are subjected to acceptance testing and are routinely and periodically inspected and tested by a qualified elevator device inspection firm would not be subject to the routine, periodic and acceptance inspections and tests by a local enforcing agency or the Department of Community Affairs. These inspections and tests, including the frequency thereof, conducted by a qualified elevator device inspector would have to be in accordance with rules and regulations prescribed by the Commissioner of Community Affairs.          The bill provides that the rules and regulations must address the licensing of qualified elevator devise inspectors, the registration of qualified elevator device inspection firms, the manner and form of licensure and registration, the fee for each license or registration, the manner in which test results are recorded and the minimum liability insurance coverage required for qualified elevator device inspection firms. Acceptance testing and the five-year test would be witnessed by the local enforcing agency or the Department of Community Affairs. No elevator inspector would be permitted to inspect his own work.

    Under the provisions of the bill, the owner must register each elevator device with the Department of Community Affairs and indicate on the registration form, the identity of the qualified elevator device inspection firm responsible for inspecting and testing the elevator devices.

    The bill provides that if a qualified elevator device inspector finds that an elevator device is in a dangerous condition or creates an immediate hazard, he is required to prohibit further use of it and to notify in writing the owner and the local enforcing agency or Department of Community Affairs, as the case may be. The elevator device is required to remain out of service until the inspector certifies in writing that the dangerous condition or immediate hazard has been corrected and that the elevator device is safe for public use. If at any time a local enforcing agency or the department determines that an elevator device is in a dangerous condition or creates an immediate hazard, it may require the owner of the device to make the necessary repairs.

    Under the bill, a "qualified elevator device inspector" is a person who is: (1) employed by a qualified elevator device inspection firm and (2) licensed with the department to conduct the routine, periodic and acceptance inspections and tests of elevator devices required pursuant to the "State Uniform Construction Code Act;" and a "qualified elevator device inspection firm" is a firm engaged in the business of inspecting, testing, installing, maintaining or repairing elevator devices, or the business of inspecting and testing elevator devices, is registered with the Department of Community Affairs, and employs at least one qualified elevator device inspector.

    Any qualified elevator device inspector or inspection firm which violates any provision of the bill would be subject to penalties in accordance with section 20 of P.L.1975, c.217 (C.52:27D-138) and suspension or revocation of licensure or registration by the department.

 

 

                             

Provides for alternate means for testing and inspecting elevator devices in certain cases.