SENATE COMMUNITY AFFAIRS COMMITTEE

STATEMENT TO

 

SENATE, No. 492

 

STATE OF NEW JERSEY

 

DATED: JUNE 3, 1996

 

      The Senate Community Affairs Committee reports favorably Senate Bill No. 492.

      This bill would provide 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 would also provide that the rules and regulations must address the 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 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 would have to 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 would provide further that if a qualified elevator device inspector finds that an elevator device is in a dangerous condition or creates an immediate hazard, he would be required to prohibit further use of it and to notify in writing the device’s owner and the local enforcing agency or Department of Community Affairs, as the case may be. The elevator device would have 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 employed by a qualified elevator device inspection firm and is 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," P.L.1975, c.217 (C.52:27D-119 et seq.). A "qualified elevator device inspection firm" is a firm which engages in the business of inspecting, testing, installing, maintaining, or repairing elevator devices, or in 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.