BILL NUMBER: AB 2350 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY APRIL 27, 2004
INTRODUCED BY Assembly Member Chavez
FEBRUARY 19, 2004
An act to amend Sections 7300.1, 7300.3, 7300.4, 7301.1, 7301.5,
7309.1, 7310, 7311, 7311.1, 7311.2, 7311.3, 7311.4, 7313, 7315, 7316,
and 7324 of the Labor Code, relating to safety in employment.
LEGISLATIVE COUNSEL'S DIGEST
AB 2350, as amended, Chavez. Safety in employment: conveyances.
Existing laws governing elevators, escalators, and other
conveyances use the terms "elevator company," "elevator mechanic,"
"elevator inspector," "elevator company," and "elevator."
This bill would amend these existing laws where relevant
to use the general term "conveyance" which is defined to
include an elevator, instead of the specific term "elevator."
Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 7300.1 of the Labor Code is amended to read:
7300.1. As used in this chapter:
(a) "ASCE 21" means the Automated People Mover Standards, as
adopted by the American Society of Civil Engineers.
(b) "ASME A17.1" means the Safety Code for Elevators and
Escalators, an American National Standard, as adopted by the American
Society of Mechanical Engineers.
(c) "ASME A17.3" means the Safety Code for Existing Elevators and
Escalators, an American National Standard, as adopted by the American
Society of Mechanical Engineers.
(d) "ASME A18.1" means the Safety Standard for Platform Lifts and
Stairway Chairlifts, an American National Standard, as adopted by the
American Society of Mechanical Engineers.
(e) "Automated people mover" has the same meaning as defined in
ASCE 21.
(f) "Board" or "standards board" means the Occupational Safety and
Health Standards Board.
(g) "Certified qualified conveyance company" means any person,
firm, or corporation that (1) possesses a valid contractor's license
if required by Chapter 9 (commencing with Section 7000) of Division 3
of the Business and Professions Code and (2) is certified as a
qualified conveyance company by the division in accordance with this
chapter.
(h) "Certified competent conveyance mechanic" means any person who
has been determined by the division to have the qualifications and
ability of a competent journey-level conveyance mechanic and is so
certified by the division in accordance with this chapter.
(i) "Conveyance" means any elevator, dumbwaiter, escalator, moving
platform lift, stairway chairlift, dumbwaiter, material lift or
dumbwaiter with automatic transfer device, automated people mover, or
other equipment subject to this chapter.
(j) "Division" means the Division of Occupational Safety and
Health.
(k) "Dormant elevator, dumbwaiter, or escalator" means an
installation placed out of service as specified in ASME A17.1 and
ASME A18.1.
(l) "Elevator" means an installation defined as an "elevator" in
ASME A17.1.
(m) "Conveyance inspector" means any conveyance safety inspector
of the division or other conveyance inspector determined by the
division to be qualified pursuant to this chapter.
(n) "Escalator" means an installation defined as an "escalator" in
ASME A17.1.
(o) "Existing installation" means an installation defined as an
"installation, existing" in ASME A17.1.
(p) "Full maintenance service contract" means an agreement by a
certified competent conveyance company and the person owning or
having the custody, management, or control of the operation of the
conveyance, if the agreement provides that the certified competent
conveyance company is responsible for effecting repairs necessary to
the safe operation of the equipment and will provide services as
frequently as is necessary, but no less often than monthly.
(q) "Material alteration" means an alteration as defined in ASME
A17.1 or A18.1.
(r) "Moving walk" or "moving sidewalk" means an installation
defined as a "moving walk" in ASME A17.1.
(s) "Permit" means a document issued by the division that
indicates that the conveyance has had the required safety inspection
and tests and fees have been paid as set forth in this chapter.
(t) "Temporary permit" means a document issued by the division
which permits the use of a noncompliant conveyance by the general
public for a limited time while minor repairs are being completed or
until permit fees are paid.
(u) "Repair" has the same meaning as defined in ASME A17.1 or
A18.1. A "repair" does not require a permit.
(v) "Temporarily dormant elevator, dumbwaiter, or escalator" means
a conveyance, the power supply of which has been disconnected by
removing fuses and placing a padlock on the mainline disconnect
switch in the "off" position. In the case of an elevator or
dumbwaiter, the car shall be parked and the hoistway doors shall be
in the closed and latched position. A wire seal shall be installed
on the mainline disconnect switch by an a
conveyance inspector of the division. The wire seal and
padlock shall not be removed for any purpose without permission from
an a conveyance inspector of the
division. A temporarily dormant elevator, dumbwaiter, or escalator
shall not be used again until it has been put in safe running order
and is in condition for use. Annual inspections by a conveyance
inspector shall continue for the duration of the temporarily dormant
status. Temporarily dormant status may be renewed annually, but
shall not exceed five years. After each inspection, the conveyance
inspector shall file a report with the chief of the division
describing the current condition of the conveyance.
(w) The meanings of building transportation terms not otherwise
defined in this section shall be as defined in the latest editions of
ASME A17.1 and ASME A18.1.
SEC. 2. Section 7300.3 of the Labor Code is amended to read:
7300.3. Equipment not covered by this chapter includes the
following:
(a) Material hoists within the scope of standard A10.5 as adopted
by the American National Standards Institute.
(b) Mobile scaffolds, towers, and platforms within the scope of
standard A92 as adopted by the American National Standards Institute.
(c) Powered platforms and equipment for exterior and interior
maintenance within the scope of standard 120.1 as adopted by the
American National Standards Institute.
(d) Cranes, derricks, hoists, hooks, jacks, and slings within the
scope of standard B30 as adopted by the American Society of
Mechanical Engineers.
(e) Industrial trucks within the scope of standard B56 as adopted
by the American Society of Mechanical Engineers.
(f) Portable equipment, except for portable escalators that are
covered by standard A17.1 as adopted by the American National
Standards Institute.
(g) Tiering or piling machines used to move materials to and from
storage located and operating entirely within one story.
(h) Equipment for feeding or positioning materials, including that
equipment used with machine tools or printing presses.
(i) Skip or furnace hoists.
(j) Wharf ramps.
(k) Railroad car lifts or dumpers.
(l) Line jacks, false cars, shafters, moving platforms, and
similar equipment used for installing a conveyance by a contractor
licensed in this state.
SEC. 3. Section 7300.4 of the Labor Code is amended to read:
7300.4. This chapter does not apply to work that is not related
to standards for conveyances that are (a) incorporated in codes
promulgated by the American National Standards Institute or the
American Society of Mechanical Engineers or (b) included in
regulations of the division, in effect immediately prior to January
1, 2003, prescribing conveyance safety orders. Work exempted
pursuant to this section includes, but is not limited to, routine
nonmechanical maintenance, such as cleaning panels and changing light
fixtures.
SEC. 4. Section 7301.1 of the Labor Code is amended to read:
7301.1. (a) On and after June 30, 2003, no conveyance may be
erected, constructed, installed, or materially altered, as defined by
regulation of the division, unless a permit has been obtained from
the division before the work is commenced. A copy of the permit
shall be kept at the construction site at all times while the work is
in progress and shall be made available for inspection upon request.
This section shall not apply to platform lifts and stairway chair
lifts installed in a private residence as provided in paragraph (2)
or (3) of subdivision (a) of Section 7317.
(b) Before March 1, 2003, the division shall establish an
application procedure and all requirements for a permit under this
section, which shall include the following:
(1) At a minimum, the applicant for a permit under this section
shall meet all of the following requirements:
(A) The applicant shall hold a current conveyance
elevator contractor's license issued pursuant to
Chapter 9 (commencing with Section 7000) of Division 3 of the
Business and Professions Code.
(B) The applicant shall be a certified qualified conveyance
company.
(C) The applicant shall submit proof of the following types of
insurance coverage, in the form of certified copies of policies or
certificates of insurance:
(i) Liability insurance to provide general liability coverage of
not less than one million dollars ($1,000,000) for the injury or
death of any one person or persons in any one occurrence, with
coverage of not less than five hundred thousand dollars ($500,000)
for property damage in any one occurrence.
(ii) Workers' compensation insurance coverage.
(D) In the event of any material alteration, nonrenewal, or
cancellation of any insurance required by this subparagraph, the
applicant or permitholder shall submit written notice thereof to the
division within five working days.
(2) At a minimum, each application for a permit under this section
shall include all of the following:
(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; the location of
the machinery room and the equipment to be installed, relocated, or
altered; and all structural supporting members thereof, including
foundations. The plans and specifications shall identify all
materials to be employed and all loads to be supported or conveyed.
The plans and specifications shall be sufficiently complete to
illustrate all details of construction and design.
(B) The name, residence, and business address of the applicant and
each partner, or for a corporation, the principal officers and
anyone who is authorized to accept service of process or official
notices; the number of years the applicant has engaged in the
business of constructing, erecting, installing, or altering
conveyances; and the approximate number of persons to be employed on
the permitted job.
(C) The permit fee.
(3) The division shall establish, and may from time to time amend,
a fee for a permit under this section in an amount sufficient to
defray the division's actual costs in administering the permit
process, including the costs of investigation, revocation, or other
associated costs. Permit fees collected by the division are
nonrefundable.
(c) (1) The permit shall expire when the work authorized by that
permit is not commenced within six months after the date of issuance,
or within a shorter period as the division may specify at the time
the permit is issued.
(2) The permit shall expire following commencement of work, if the
permitholder suspends or abandons the work for a period of 60 days,
or for a shorter period of time as the division may specify at the
time the permit is issued.
(3) Upon application and for good cause shown, the division may
extend a permit that would otherwise expire under this subdivision.
(d) The division may revoke any permit at any time, upon good
cause, and after notice and an opportunity to be heard.
SEC. 5. Section 7301.5 of the Labor Code is amended to read:
7301.5. (a) The standards board shall adopt regulations
pertaining to conveyances, including, but not limited to, conveyance
emergency and signal devices, and the operation of conveyances under
fire and other emergency conditions.
(b) Before January 1, 2003, the division shall establish an
application procedure and all requirements for certification under
this subdivision as an emergency certified competent conveyance
mechanic. To ensure the safety of the public when a disaster or
other emergency exists within the state and the number of certified
competent conveyance mechanics in the state is insufficient to cope
with the emergency, any certified qualified conveyance company may,
within five business days after commencing work requiring certified
competent conveyance mechanics, apply to the division, on behalf of
all persons performing the work who are not certified competent
conveyance mechanics, for certification as emergency certified
competent conveyance mechanics. Any person for whom emergency
certification is sought under this subdivision shall be certified by
a certified qualified conveyance company to have an acceptable
combination of documented experience and education to perform work
covered by this chapter without direct and immediate supervision.
The certified qualified conveyance company shall furnish proof of
competency as the division may require. The division shall issue an
emergency certified competent conveyance mechanic certificate upon
receipt of acceptable documentation and payment of the required fee.
Each certificate issued pursuant to this subdivision shall recite
that it is valid for a period of 30 days from the date of issuance
and for those particular conveyances and geographical areas as the
division may designate, and otherwise shall entitle the person being
certified to the rights and privileges of a certified competent
conveyance mechanic as set forth in this chapter. The division shall
renew an emergency certified competent conveyance mechanic
certificate during the existence of the emergency.
(c) Before January 1, 2004, the division shall establish an
application procedure and all requirements for certification under
this subdivision as a temporary certified competent conveyance
mechanic. If there are no certified qualified conveyance mechanics
available to perform elevator work, a certified qualified conveyance
company may apply to the division for certification of one or more
temporary certified competent conveyance mechanics. Any person
seeking to work as a temporary certified competent conveyance
mechanic shall, before beginning work, be approved by the division as
having an acceptable combination of documented experience and
education to perform work covered by this chapter without direct and
immediate supervision. The certified qualified conveyance company
shall furnish proof of competency as the division may require. The
division may issue a temporary certified competent conveyance
mechanic certificate upon acceptable documentation and payment of the
required fee. Each certificate issued pursuant to this subdivision
shall recite that it is valid for a period of 30 days from the date
of issuance and while the certificate holder is employed by the
certified qualified conveyance company that certified the individual
as competent. The certificate shall be renewable as long as the
shortage of certified competent conveyance mechanics continues.
SEC. 6. Section 7309.1 of the Labor Code is amended to read:
7309.1. (a) On and after June 30, 2003, no conveyance subject to
this chapter shall be reinspected by any person unless the person is
a conveyance inspector employed by the division or certified as
qualified by the division.
(b) Before March 1, 2003, the division shall establish an
application procedure and all requirements for the certification of
conveyance inspectors. Each application for certification shall
include information as the division may require and the applicable
fee. At a minimum, the applicant shall present proof of
certification as a qualified conveyance inspector by the American
Society of Mechanical Engineers or proof of education and experience
equivalent to what is required to obtain that certification from the
American Society of Mechanical Engineers.
SEC. 7. Section 7310 of the Labor Code is amended to read:
7310. The division may also issue its permit or a permit may be
issued on its behalf based upon a certificate of inspection issued by
a conveyance inspector of any municipality, upon proof to the
satisfaction of the division that the safety requirements of the
municipality are equal to the minimum safety requirements for
conveyances adopted by the board.
SEC. 8. Section 7311 of the Labor Code is amended to read:
7311. All persons inspecting conveyances shall first secure from
the division a certificate of competency to make those inspections.
The division may determine the competency of any applicant for the
certificate, either by examination or by other satisfactory proof of
qualifications. The division may rescind at any time, upon good
cause being shown therefor, and after hearing, if requested, any
certificate of competency issued by it to a conveyance inspector.
SEC. 9. Section 7311.1 of the Labor Code is amended to read:
7311.1. (a) On and after June 30, 2003, no conveyance subject to
this chapter shall be erected, constructed, installed, materially
altered, tested, maintained, repaired, or serviced by any person,
firm, or corporation unless the person, firm, or corporation is
certified by the division as a certified qualified conveyance
company. A copy of the certificate shall be kept at the site of the
conveyance at all times while any work is in progress, and shall be
made available for inspection upon request. However, certification
under this section is not required for removing or dismantling
conveyances that are destroyed as a result of the complete demolition
of a secured building or structure or where the hoistway or wellway
is demolished back to the basic support structure and no access is
permitted that would endanger the safety of any person. This section
does not apply to platform lifts and stairway chair lifts installed
in a private residence as provided in paragraph (2) or (3) of
subdivision (a) of Section 7317.
(b) Before March 1, 2003, the division shall establish an
application procedure and all requirements for certification under
this section as a certified qualified conveyance company, consistent
with this section. At a minimum, the individual qualifying on behalf
of a corporation, the owner on behalf of a sole ownership, or the
partners on behalf of a partnership, shall meet either of the
following requirements:
(1) Five years' work experience at a journey person level in the
conveyance industry in construction, installation, alteration,
testing, maintenance, and service and repair of conveyances covered
by this chapter. This experience shall be verified by current and
previously licensed conveyance elevator
contractors or by current and previously certified qualified
conveyance companies.
(2) Satisfactory completion of a written examination administered
by the division on the most recent applicable codes and standards.
(c) At a minimum, each application for certification as a
certified qualified conveyance company shall include:
(1) The name, residence and business address, and telephone
numbers and other means to contact the sole owner or each partner, or
for a corporation of the principal officers and the individual
qualifying for the corporation; the number of years the applicant
business has engaged in the business of constructing, maintaining,
and service and repair of conveyances; and other information as the
division may require.
(2) The fee required by this chapter.
(d) Before bidding for or engaging in any work covered by this
chapter, a certified qualified conveyance company shall submit proof
to the division by certified copies of policies or certificates of
insurance, of all of the following:
(1) Liability insurance providing general liability coverage of
not less than one million dollars ($1,000,000) for injury or death
of any one person or persons in any one occurrence, with coverage of
not less than five hundred thousand dollars ($500,000) for property
damage in any of any one person or persons in any one occurrence.
(2) Workers' compensation insurance coverage.
(3) In the event of any material alteration or cancellation of any
policy specified in paragraph (1) or (2), the certified qualified
conveyance company shall provide written notice thereof to the
division within five working days.
SEC. 10. Section 7311.2 of the Labor Code is amended to read:
7311.2. (a) On and after June 30, 2003, except as provided in
subdivisions (b) and (c) of Section 7301.5, any person who, without
supervision, erects, constructs, installs, alters, tests, maintains,
services or repairs, removes, or dismantles any conveyance covered by
this chapter, shall be certified as a certified competent conveyance
mechanic by the division. This section does not apply to platform
lifts and stairway chair lifts installed in a private residence as
provided in paragraph (2) or (3) of subdivision (a) of Section 7317.
(b) Before March 1, 2003, the division shall establish an
application procedure and all requirements for certification under
this section as a certified competent conveyance mechanic, consistent
with all of the following:
(1) At a minimum, a certified competent conveyance mechanic
applicant shall meet both of the following requirements:
(A) Three years' work experience in the conveyance industry in
construction, maintenance, and service and repair of conveyances
covered by this chapter. This experience shall be verified by
current and previously licensed conveyance
elevator contractors or by current and previously certified
qualified conveyance companies, as required by the division.
(B) One of the following:
(i) Satisfactory completion of a written examination administered
by the division on the most recent applicable codes and standards.
(ii) A certificate of completion and successfully passing the
mechanic examination of a nationally recognized training program for
the conveyance industry, such as the National Elevator Industry
Educational Program or its equivalent.
(iii) A certificate of completion of an apprenticeship program for
conveyance elevator mechanic, having
standards substantially equal to those of this chapter, and which
program shall be registered with the Bureau of Apprenticeship and
Training of the United States Department of Labor or a state
apprenticeship council.
(iv) A certificate or license from another state having standards
substantially equal to or more comprehensive than those of this
chapter.
(v) The applicant applies on or before December 31, 2003, and
within the three years immediately prior to January 1, 2003, has
documented at least three years of actual work experience in the
conveyance industry in construction, maintenance, and service and
repair of conveyances covered by this chapter. This experience shall
be as a journey-level mechanic working without direct and immediate
supervision, and shall be verified by currently and previously
licensed conveyance contractors or by current and previously
certified qualified conveyance companies, as required by the
division.
(2) At a minimum, each application for certification as a
certified competent conveyance mechanic shall include the information
required by the division and the fee required by this chapter.
SEC. 11. Section 7311.3 of the Labor Code is amended to read:
7311.3. (a) A certificate issued by the division to the certified
qualified conveyance inspector, certified qualified conveyance
company, or certified competent conveyance mechanic as set forth in
Sections 7309.1, 7311.1, and 7311.2, shall have a term of two years.
The fee for biennial renewal shall be established by the division in
an amount sufficient to defray the division's costs of administering
this chapter.
(b) The renewal of all certificates issued under this chapter
shall be conditioned upon the submission of a certificate of
completion of a course designed to ensure the continuing education of
certificate holders on new and existing provisions of the
regulations of the board. This continuing education course shall
consist of not less than eight hours of instruction that shall be
attended and completed within one year immediately preceding any
certificate renewal.
(c) The courses shall be taught by instructors through continuing
education providers that may include, but not be limited to, division
programs, association seminars, and joint labor-management
apprenticeship and journeyman upgrade training programs. The
division shall approve the continuing education providers and
curriculum. All instructors shall be approved by the division and
shall be exempt from the requirements of subdivision (b), provided
that the applicant is qualified as an instructor at any time during
the one-year period immediately preceding the scheduled date for
renewal.
(d) A certificate holder who is unable to complete the continuing
education course required under this section prior to the expiration
of his or her certificate due to a temporary disability may apply for
a waiver from the division. Waiver applications shall be submitted
to the division on a form provided by the division. Waiver
applications shall be signed and accompanied by a declaration signed
by a competent physician attesting to the applicant's temporary
disability. Upon the termination of the temporary disability, the
certificate holder shall submit to the division a declaration from
the same physician, if practicable, attesting to the termination of
the temporary disability, and a waiver sticker, valid for 90 days,
shall be issued to the certificate holder and affixed to his or her
certificate.
(e) Continuing education providers approved by the division shall
keep uniform records, for a period of 10 years, of attendance of
certificate holders, following a format approved by the division.
These records shall be available for inspection by the division at
its request. Approved continuing education providers shall keep
secure all attendance records and certificates of completion.
Falsifying or knowingly allowing another to falsify attendance
records or certificates of completion of continuing education
provided pursuant to this section shall constitute grounds for
suspension or revocation of the approval required under this section.
SEC. 12. Section 7311.4 of the Labor Code is amended to read:
7311.4. (a) The division shall establish fees for initial and
renewal applications for certification under this chapter as a
certified qualified conveyance inspector, certified qualified
conveyance company, or certified competent conveyance mechanic based
upon the actual costs involved with the certification process,
including the cost of developing and administering any tests as well
as any costs related to continuing education, investigation,
revocation, or other associated costs.
(b) Fees collected pursuant to this chapter are nonrefundable.
SEC. 13. Section 7313 of the Labor Code is amended to read:
7313. Each conveyance inspector shall, within 21 days after he or
she makes an inspection, forward to the division on forms provided
by it, a report of
the inspection. Failure to comply with this section shall be
grounds for the division to cancel his or her certificate.
SEC. 14. Section 7315 of the Labor Code is amended to read:
7315. Fees shall be paid before the issuance of any permit to
operate a conveyance, but a temporary permit may be issued pending
receipt of fee payment. No fee may be charged by the division where
an inspection has been made by an inspector of an insurance company
or municipality if that inspector holds a certificate as a conveyance
inspector and an inspection report is filed with the division within
21 days after inspection is made.
SEC. 15. Section 7316 of the Labor Code is amended to read:
7316. All fees collected by the division under this chapter shall
be paid into the Conveyance Elevator
Safety Account which is hereby created for the administration of the
division's conveyance safety program. The division shall establish
criteria upon which fee charges are based and prepare an annual
report concerning revenues obtained and expenditures appropriated for
the conveyance safety program. The division shall file the report
with the Legislative Analyst, the Joint Legislative Audit Committee,
and the Department of Finance.
SEC. 16. Section 7324 of the Labor Code is amended to read:
7324. Individuals, firms, or companies certified as described in
this chapter shall ensure that installation, service, and maintenance
of conveyances are performed in compliance with the provisions
contained in the State Fire Prevention and Building Code and with
generally accepted standards referenced in that code.