SB 5340 — Concerning class B elevator work permits.

S-1767.1SUBSTITUTEZ-0357.1SENATE SENATE BILL 5340State of Washington65th Legislature2017 Regular SessionBy Senate Ways & Means (originally sponsored by Senators Keiser, Baumgartner, and Conway;

by request of Department of Labor & Industries)READIndustriesRead FIRSTfirst TIMEtime 02/24/17.AN01/20/17. ACT Relating to class B elevator work permits;

Referred to Committee on Commerce, Labor & Sports.AN ACT Relating to class B elevator work permits;

and reenacting and amending RCW 70.87.010;70.87.010.BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:Sec. 1.  RCW 70.87.010 and 2012 c 54 s 2 are each reenacted and amended to read as follows:The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.(1) "Advisory committee" means the elevator advisory committee as described in this chapter.(2) "Alteration" means any change to equipment, including its parts, components, and/or subsystems, other than maintenance, repair, or replacement.(3) "Automobile parking elevator" means an elevator:

and adding a new section to chapter 70.87 RCW.BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:Sec. 1.  RCW 70.87.010 and 2012 c 54 s 2 are each reenacted and amended to read as follows:The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.(1) "Advisory committee" means the elevator advisory committee as described in this chapter.(2) "Alteration" means any change to equipment, including its parts, components, and/or subsystems, other than maintenance, repair, or replacement.

A major alteration is any alteration where the national standards referenced in RCW 70.87.030 mandate witness inspection and test requirements.

A minor alteration is any alteration that is not a major alteration.(3) "Automobile parking elevator" means an elevator:

and (c) in which persons are not normally stationed on any level except the receiving level.(4) "Belt manlift" means a power driven endless belt provided with steps or platforms and a hand hold for the transportation of personnel from floor to floor.(5) "Casket lift" means a lift that (a) is installed at a mortuary, (b) is designed exclusively for carrying of caskets, (c) moves in guides in a basically vertical direction, and (d) serves two or more floors or landings.(6) "Class B elevator work" means:(a) Minor alterations;alterations to conveyances that do not change the design or diminish the performance of the listed component or equipment;

or(b) Installations of private residential stairway chair lifts.(7)lifts, as defined by rule of the department.(7) "Conveyance" means an elevator, escalator, dumbwaiter, belt manlift, automobile parking elevator, moving walk, and other elevating devices, as defined in this section.(((7))) (8) "Conveyance work" means the alteration, construction, dismantling, erection, installation, maintenance, relocation, and wiring of a conveyance.(((8))) (9) "Department" means the department of labor and industries.(((9))) (10) "Director" means the director of the department or his or her representative.(((10))) (11) "Dumbwaiter" means a hoisting and lowering mechanism equipped with a car (a) that moves in guides in a substantially vertical direction, (b) the floor area of which does not exceed nine square feet, (c) the inside height of which does not exceed four feet, (d) the capacity of which does not exceed five hundred pounds, and (e) that is used exclusively for carrying materials.(((11))) (12) "Elevator" means a hoisting or lowering machine equipped with a car or platform that moves in guides and serves two or more floors or landings of a building or structure;(a) "Passenger elevator" means an elevator (i) on which passengers are permitted to ride and (ii) that may be used to carry freight or materials when the load carried does not exceed the capacity of the elevator;(b) "Freight elevator" means an elevator (i) used primarily for carrying freight and (ii) on which only the operator, the persons necessary for loading and unloading, and other employees approved by the department are permitted to ride;(c) "Sidewalk elevator" means a freight elevator that:

The hoist may also be used for transportation of materials.(((32))) (33) "Platform" means a rigid surface that is maintained in a horizontal position at all times when in use, and upon which passengers stand or a load is carried.(((33))) (34) "Private residence conveyance" means a conveyance installed in or on the premises of a single-family dwelling and operated for transporting persons or property from one elevation to another.(((34))) (35) "Public agency" means a county, incorporated city or town, municipal corporation, state agency, institution of higher education, political subdivision, or other public agency and includes any department, bureau, office, board, commission or institution of such public entities.(((35))) (36) "Repair" means the reconditioning or renewal of parts, components, and/or subsystems necessary to keep equipment in compliance with this chapter.(((36))) (37) "Replacement" means the substitution of a device, component, and/or subsystem in its entirety with a unit that is basically the same as the original for the purpose of ensuring performance in accordance with this chapter.chapter.(((37))) (38) "Single-occupancy farm conveyance" means a hand-powered counterweighted single-occupancy conveyance that travels vertically in a grain elevator and is located on a farm that does not accept commercial grain.(((38))) (39) "Stairway chair lift" means a lift that travels in a basically inclined direction and is designed for use by individuals with disabilities.(((39))) (40) "Wheelchair lift" means a lift that travels in a vertical or inclined direction and is designed for use by individuals with disabilities.(((40))) (41) "Whistleblower" means any employee who in good faith reports practices or opposes practices that may violate the provisions of this chapter or the rules promulgated hereunder, or of the safety, installation, repair, or maintenance policies of his or her employer.

Replacements of specific components that require inspections and tests by the national standards referenced in RCW 70.87.030 will be considered alterations.(((37))) (38) "Single-occupancy farm conveyance" means a hand-powered counterweighted single-occupancy conveyance that travels vertically in a grain elevator and is located on a farm that does not accept commercial grain.(((38))) (39) "Stairway chair lift" means a lift that travels in a basically inclined direction and is designed for use by individuals with disabilities.(((39))) (40) "Wheelchair lift" means a lift that travels in a vertical or inclined direction and is designed for use by individuals with disabilities.(((40))) (41) "Whistleblower" means any employee who in good faith reports practices or opposes practices that may violate the provisions of this chapter or the rules promulgated hereunder, or of the safety, installation, repair, or maintenance policies of his or her employer.

The authorized representative shall also witness the test specified.(4) The department may issue class B elevator work permits for the performance of class B elevator work without the requirement of a witness inspection of the equipment before it is placed into operation.(a) Class B permitted alterations or private residential stairway chair lift installations must be performed and tested, if required, by a licensed elevator contractor using a licensed elevator mechanic.(b) ClassTo Bbe permitseligible mayto bepurchase purchasedclass byB permits, a licensed elevator contractor uponmust demonstrate competency in consistently performing code compliant work, as specified by rule of the effectivedepartment.(c) dateThe department shall inspect class B work on a random basis, as specified by rule of thisthe section.department.(d) The department may by rule establish fees for class B permits.--- END ---

To maintain eligibility to purchase class B permits, the department may require a licensed elevator contractor to demonstrate competency in consistently performing code compliant work for all alterations, as specified by rule of the department.(c) The department shall inspect class B work on a random basis, as specified by rule of the department.(d) The department may by rule establish fees for class B permits.NEW SECTION.  Sec. 3.  A new section is added to chapter 70.87 RCW to read as follows:No later than July 1, 2018, the department must review, identify, and rescind policies, bulletins, administrative rules, laws of Washington, and other applicable authorities inconsistent with RCW 70.87.010(6) including, but not limited to, rescission of WAC 296-96-01006(2)(b) (i) and (ii).--- END ---