is not required for removing or dismantling elevators or fixed guideway systems by oogACE

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       AN ACT relating to elevator safety.

Be it enacted by the General Assembly of the Commonwealth of Kentucky:
       SECTION 1.            A NEW SECTION OF KRS 198B.400 TO 198B.540 IS

CREATED TO READ AS FOLLOWS:

(1)    Only a licensed elevator mechanic working under the direct supervision of an

       elevator contractor may:

       (a)     Erect, construct, alter, replace, maintain, remove, or dismantle any elevator

               or fixed guideway system contained within buildings or structures; or

       (b)     Wire any elevator or fixed guideway system, from the mainline feeder

               terminals on the controller.

(2)    A licensed elevator contractor is not required for removing or dismantling

       elevators or fixed guideway systems:

       (a)     That are destroyed as a result of a complete demolition of a secured

               building or structure; or

       (b)     Where the hoistway or wellway is demolished back to the basic support

               structure where no access is permitted that would endanger the safety and

               welfare of a person.
       SECTION 2.            A NEW SECTION OF KRS 198B.400 TO 198B.540 IS

CREATED TO READ AS FOLLOWS:

(1)    The Elevator Safety Review Board is created within the Office of Housing,

       Buildings and Construction. The board shall consist of nine (9) members, one (1)

       of whom shall be the executive director of the Office of Housing, Buildings and

       Construction or his or her designee, and one (1) of whom shall be the director of

       the Kentucky Housing Corporation or his or her delegate. The Governor shall

       appoint the remaining seven (7) members of the board as follows:
       (a)     One (1) representative from a major elevator manufacturing company or its

               authorized representative;

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       (b)     One (1) representative from an elevator servicing company;

       (c)     One (1) representative of the architectural design or elevator consulting

               profession;

       (d)     One (1) representative of the general public who has no financial interest in

               the elevator or fixed guideway system industry;

       (e)     One (1) representative of a municipality in this state;

       (f)     One (1) representative of a building owner or manager; and

       (g)     One (1) representative of labor involved in the installation, maintenance,

               and repair of elevators.

(2)    The members of the board shall serve for terms of three (3) years, excluding the

       executive director of the Office of Housing, Buildings and Construction and the

       director of the Kentucky Housing Corporation, who shall serve ex officio.

(3)    The members shall serve without salary. The board members shall receive from

       the state expenses necessarily incurred by them in performance of their duties.

(4)    The Governor shall appoint one (1) of the members to serve as board chair. The

       chair shall be the deciding vote in the event of a tie vote.

(5)    The board shall promulgate administrative regulations to enforce the provisions

       of KRS 198B.400 to 198B. 540.
       SECTION 3.            A NEW SECTION OF KRS 198B.400 TO 198B.540 IS

CREATED TO READ AS FOLLOWS:

(1)    The board shall meet and organize within ten (10) days after the appointment of

       its members and at the first meeting shall elect a secretary of the board to serve

       during the term to be fixed by administrative regulations promulgated by the

       board.

(2)    The board shall meet regularly once in each month at a time and place to be fixed
       by it and at such times as it is deemed necessary for the consideration of

       administrative regulations, appeals, variances, and other relevant business.

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       Special meetings may be called as provided in the board's administrative

       regulations.

(3)    Any appointed board member absent from three (3) consecutive meetings shall be

       dismissed.
       SECTION 4.            A NEW SECTION OF KRS 198B.400 TO 198B.540 IS

CREATED TO READ AS FOLLOWS:

(1)    A person shall not work as an elevator contractor or elevator mechanic without

       first being licensed by the board. A person may work as an elevator helper or

       apprentice without a license while the person works under the general

       supervision of a licensed elevator mechanic.

(2)    An application for licensure as an elevator contractor or elevator mechanic shall

       contain the following information:

       (a)     If the applicant is a person or sole proprietor, the name, residence, and

               business address of the applicant;

       (b)     If the applicant is a partnership, the name, residence, and business address

               of each partner;

       (c)     If the applicant is a domestic corporation, the name and business address of

               the corporation and the name and residence address of the principal officer

               of the corporation. For a corporation other than a domestic corporation, the

               application shall list the name and address of an agent located locally who

               shall be authorized to accept service of process and official notices;

       (d)     The number of years the applicant has engaged in the business of

               installing, maintaining, or servicing elevators or fixed guideway systems;

       (e)     The approximate number of persons, if any, to be employed by the elevator

               contractor applicant, and if applicable, satisfactory evidence that the
               employees are or will be covered by workers' compensation insurance;

       (f)     Satisfactory evidence that the applicant is or will be covered by general

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               liability, personal injury, and property damage insurance;

       (g)     Criminal record of convictions, if any, as verified through a criminal

               background check conducted by the Department of State Police. The cost of

               the background check will be paid by the applicant; and

       (h)     Any other information that the board may require.

(3)    Applicants for an elevator mechanic license shall demonstrate one (1) of the

       following qualifications to be eligible for licensure:

       (a)     1.   At least three (3) years of work experience in the elevator industry, in

                    construction, maintenance, service, repair, or any combination of

                    these activities, as verified by current and previous employers licensed

                    to do business in this state; and

               2.   Satisfactory completion of a written examination administered by the

                    Elevator Safety Review Board on the most recent referenced codes and

                    standards;

       (b)     Submission of acceptable proof that he or she has worked as an elevator

               constructor, maintenance, or repair person and who has made the proper

               application for a license and paid the license fee may receive a license

               without an examination. The person shall have worked without direct and

               immediate supervision in the employment of an elevator contractor licensed

               to do business in this state. This employment shall not be less than three (3)

               years immediately prior to the effective date of this Act. The person shall

               make application within one year after the effective date of this Act;

       (c)     Certificates of completion and proof of having successfully passed the

               mechanic examination of a nationally recognized training program for the

               elevator industry such as the National Elevator Industry Educational
               Program or its equivalent;

       (d)     Certificates of completion of an apprenticeship program for elevator

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               mechanics, having standards substantially equal to those of KRS 198B.400

               to 198B.540, and registered with the Bureau of Apprenticeship and

               Training, U.S. Department of Labor, or a state apprenticeship council; or

       (e)     Possession of a valid license from a state having standards substantially

               equal to those of KRS 198B.400 to 198B.540, upon application and without

               examination.

(4)    Applicants for an elevator contractor license shall have in their employ at least

       one (1) licensed elevator mechanic who performs the work described in Section 1

       of this Act and have proof of compliance with the insurance requirements set

       forth in subsection (2) of this section.

(5)    An elevator contractor license may be issued to a sole proprietor, firm, or

       corporation holding a valid license from a state having standards substantially

       equal to those of KRS 198B.400 to 198B.540, upon application.
       SECTION 5.            A NEW SECTION OF KRS 198B.400 TO 198B.540 IS

CREATED TO READ AS FOLLOWS:

(1)    The board shall renew licenses biennially on July 1 of every even-numbered year.

       The fee for each license renewal shall be set by the board but shall be not more

       than two hundred dollars ($200). All fees shall be payable to the office.

(2)    Whenever an emergency exists in the state due to disaster, act of God, or work

       stoppage, and the number of persons in the state holding licenses granted by the

       board is insufficient to cope with the emergency, elevator contractors shall

       respond as necessary to assure the safety of the public. Any person certified by a

       licensed elevator contractor to have an acceptable combination of documented

       experience and education to perform elevator work without direct and immediate

       supervision shall seek an emergency elevator mechanic license from the board
       within five (5) business days after commencing work requiring a license.

(3)    The board shall issue emergency elevator mechanic licenses. The elevator

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       contractor employing the elevator mechanic shall furnish proof of competency as

       the program administrator requires. Each emergency elevator mechanic license

       shall be valid for a period of forty-five (45) days from the date of issue and for the

       particular elevators or geographical areas that the program administrator

       designates and otherwise shall entitle the licensee to the rights and privileges of

       an elevator mechanic license issued under KRS 198B.400 to 198B.540. The

       administrator may renew an emergency elevator mechanic license during the

       existence of an emergency. No fee shall be charged for the issuance or renewal of

       any emergency elevator mechanic license.

(4)    An elevator contractor shall notify the program administrator when there are no

       licensed personnel available to perform elevator work. The elevator contractor

       may request that the program administrator issue temporary elevator mechanic

       licenses to persons certified by the licensed elevator contractor to have an

       acceptable combination of documented experience and education to perform

       elevator work without direct and immediate supervision. Any person certified by

       an elevator contractor to have an acceptable combination of documented

       experience and education to perform elevator work without direct and immediate

       supervision shall immediately seek a temporary elevator mechanic license from

       the board and shall pay a fee as the board shall determine. Each temporary

       license shall be valid for the same term specified in subsection (1) of this section

       and while employed by the licensed elevator contractor that certified the

       individual as qualified. It shall be renewable as long as the shortage of license

       holders shall continue.
       SECTION 6.          A NEW SECTION OF KRS 198B.400 TO 198B.540 IS

CREATED TO READ AS FOLLOWS:

(1)    The renewal of all elevator contractor and elevator mechanic licenses shall be

       conditioned upon the submission of a certificate of completion of a course

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       designed to ensure the continuing education of licensees on new and existing

       provisions of the administrative regulations of the board. This course shall

       consist of not less than eight (8) hours of instruction that shall be attended and

       completed within one (1) year immediately preceding any license renewal.

(2)    The courses shall be taught by instructors through continuing education

       providers that may include but shall not be limited to association seminars and

       labor training programs. The board shall approve the continuing education

       providers. All instructors shall be approved by the board and exempt from the

       requirements of subsection (1) of this section with regard to their application for

       license renewal if the applicant was qualified as an instructor at any time during

       the one (1) year immediately preceding the scheduled date for the renewal.

(3)    A licensee who is unable to complete the continuing education course required

       under this section prior to the expiration of his or her license due to a temporary

       disability may apply for a waiver from the board. The waiver shall be on a form

       provided by the board, which shall be signed by the licensee under the penalty of

       perjury and accompanied by a certified statement from a competent physician

       attesting to the temporary disability. Upon the termination of the temporary

       disability, the licensee shall submit to the board a certified statement from the

       same physician, if practicable, attesting to the termination of the temporary

       disability. If a waiver is approved, a waiver sticker, valid for ninety (90) days,

       shall be issued to the licensee and affixed to his or her license.

(4)    Approved training providers shall keep uniform records, for a period of ten (10)

       years, of attendance of licensees following a format approved by the board and

       these records shall be available for inspection by the board at its request.

       Approved training providers shall be responsible for the security of all attendance
       records and certificates of completion. Falsifying or knowingly allowing another

       to falsify continuing education attendance records or certificates of completion

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       shall constitute grounds for suspension or revocation of the approval required

       under this section.
       SECTION 7.           A NEW SECTION OF KRS 198B.400 TO 198B.540 IS

CREATED TO READ AS FOLLOWS:

A license issued under this chapter may be suspended, revoked, or denied by the board,

and the licensee may be subject to a civil penalty, upon verification that any one (1) or

more of the following reasons exist:

(1)    Any false statement as to a material matter in a license application;

(2)    Fraud, misrepresentation, or bribery in securing a license;

(3)    Failure to notify the board and the owner or lessee of an elevator or related

       mechanisms of any condition not in compliance with KRS 198B.400 to 198B.540;

       or

(4)    Violation of any provisions of KRS 198B.400 to 198B.540.
       SECTION 8.           A NEW SECTION OF KRS 198B.400 TO 198B.540 IS

CREATED TO READ AS FOLLOWS:

(1)    An elevator contractor or elevator mechanic license shall not be suspended,

       revoked, denied, or subject to civil penalty until after a hearing before the

       program administrator upon notice to the licensee of at least ten (10) days at the

       last known address appearing on the license, served personally or by registered

       mail. The notice shall state the date, hour, and place of hearing and set forth a

       statement of facts constituting the grounds for the charges against the licensee.

       The program administrator shall suspend, revoke, or deny the license or dismiss

       the proceeding.

(2)    Any person, sole proprietor, firm, or corporation whose license is revoked,

       suspended, denied, or subject to civil penalty may appeal from this determination
       to the board, which shall within thirty (30) days after the appeal is filed, hold a

       hearing, for which at least fifteen (15) days written notice shall be given to all

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       interested parties. The board shall, within thirty (30) days after the hearing, issue

       a decision.

(3)    Any proceedings held under this section shall comply with KRS Chapter 13B.

(4)    After exhausting all administrative appeals, a licensee may appeal a decision of

       the board to the Circuit Court of the county where the alleged violation occurred.
       SECTION 9.          A NEW SECTION OF KRS 198B.400 TO 198B.540 IS

CREATED TO READ AS FOLLOWS:

(1)    Elevator contractors shall submit to the board an original or certified copy of an

       insurance policy issued by an insurance company authorized to do business in

       the Commonwealth, providing general liability coverage of at least one million

       dollars ($1,000,000) for injury or death of any number of persons in any one (1)

       occurrence, with coverage of at least five hundred thousand dollars ($500,000)

       for property damage in any one (1) occurrence, and with the statutory workers'

       compensation insurance coverage.

(2)    Elevator inspectors who are not employed by the office shall submit to the board

       an original or certified copy of an insurance policy, issued by an insurance

       company authorized to do business in the Commonwealth, providing general

       liability coverage of at least one million dollars ($1,000,000) for injury or death of

       any number of persons in any one (1) occurrence, with coverage of at least five

       hundred thousand dollars ($500,000) for property damage in any one (1)

       occurrence, and with the statutory workers' compensation insurance coverage.
       SECTION 10.          A NEW SECTION OF KRS 198B.400 TO 198B.540 IS

CREATED TO READ AS FOLLOWS:

(1)    KRS 198B.400 to 198B.540 shall not be construed to relieve or lessen the

       responsibility or liability of any person, firm, or corporation owning, operating,
       controlling, maintaining, erecting, constructing, installing, altering, inspecting,

       testing, or repairing any elevator, fixed guideway systems, or other related

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       mechanisms for damages to person or property caused by any specifically related

       defect, nor does the Commonwealth assume any of this liability or responsibility

       or any liability to any person for any reason by the adoption of KRS 198B.400 to

       198B.540 or any acts or omissions arising under those statutes.

(2)    To the extent that any other statute relating to building codes or standards

       conflicts with KRS 198B.400 to 198B.540, that other statute shall take

       precedence.
       Section 11. KRS 198B.400 is amended to read as follows:
As used in KRS 198B.410 to 198B.540, unless the context otherwise requires:

(1)    "Elevator" means all the machinery, construction, apparatus, and equipment used in

       raising and lowering a car, cage, or platform vertically between permanent rails or

       guides, and includes all elevators, power dumbwaiters, escalators, gravity elevators,

       and other lifting or lowering apparatus permanently installed between rails or

       guides, but does not include hand operated dumbwaiters, manlifts of the platform

       type with a platform area not exceeding nine hundred square inches, construction

       hoists, or other similar temporary lifting or lowering apparatus.

(2)    "Passenger elevator" means an elevator that is designed to carry persons to its

       contract capacity.

(3)    "Freight elevator" means an elevator used for carrying freight and on which only the

       operator, by the permission of the employer, is allowed to ride.

(4)    "General inspector" means a state inspector examined and hired to inspect elevators

       for the Office of Housing, Buildings and Construction.

(5)    "Special inspector" means an inspector examined and certified by the office to

       inspect elevators in the state.

(6)    "Inspector" means either a general or special inspector.
(7)    "Office" means the Office of Housing, Buildings and Construction.

(8)    "Certificate of operation" is a certificate issued by the office authorizing the

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       operation of an elevator which must be conspicuously posted on the elevator at all

       times.

(9)    "Escalator" means a moving stairway consisting of steps attached to a continuously

       circulating belt that is used to move persons from one (1) level to another.

(10) "Moving sidewalk" means horizontal flat panels attached to a continuously

       circulating belt used to move people.

(11) "Fixed guideway system" means any nonrail system, funicular, or automated people

       mover, either air-suspended or wheeled, that is not regulated by the Federal Transit
       Administration.

(12) "Board" means the Elevator Safety Review Board.

(13) "Program administrator" means the person appointed under Section 13 of this

       Act to administer and direct the State Elevator and Fixed Guideway System

       Inspection Program;

(14) "Elevator contractor" means any sole proprietor, firm, or corporation who

       possesses an elevator contractor license issued by the board and who is engaged

       in the business of erecting, constructing, installing, altering, servicing, repairing,

       or maintaining elevators or fixed guideway systems.

(15) "Elevator mechanic" means any person who:

       (a)     Possesses an elevator mechanic license issued by the board;

       (b)     Is employed by an elevator contractor; and

       (c)     Is engaged in erecting, constructing, installing, altering, servicing,

               repairing or maintaining elevators or fixed guideway systems.

(16) "Elevator helper" or "Elevator apprentice" means any person who works under

       the general supervision of a licensed elevator mechanic. A license is not required

       for an elevator helper or elevator apprentice.
       Section 12. KRS 198B.410 is amended to read as follows:

(1)    No person may act either as a general inspector or as a special inspector of elevators

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       or fixed guideway systems unless he or she holds a certificate of competency from

       the board[office].

(2)    Application for examination as an inspector of elevators shall be in writing,

       accompanied by a fee of ten dollars ($10), upon a blank to be furnished by the

       board[office], stating the school education of the applicant, a list of his or her

       employers, his or her period of employment, and the position held with each. An

       applicant shall also submit a letter from one (1) or more of his or her previous

       employers certifying as to his or her character and experience.
(3)    Applications shall be rejected which contain any willful falsification or untruthful

       statements. The applicant, if the board[office] deems his or her history and

       experience sufficient, shall be tested by means of a written examination dealing

       with the construction, installation, operation, maintenance, and repair of elevators,

       fixed guideway systems, and their appurtenances, and the applicant shall be

       accepted or rejected on the merits of his or her application and examination.

(4)    The board[office] shall promulgate administrative regulations establishing the

       training and certification requirements for inspectors of fixed guideway systems.

(5)    The board[office] shall issue a certificate of competency in the inspection of

       elevators to any applicant found competent upon examination. A rejected applicant

       shall be entitled, after the expiration of ninety (90) days, and upon payment of an

       examination fee of ten dollars ($10), to another examination. Should an applicant

       fail to pass the prescribed examination on second trial, he or she will not be

       permitted to be an applicant for another examination for a period of one (1) year

       after the second failure.

       Section 13. KRS 198B.420 is amended to read as follows:

(1)    The office shall administer all aspects of the State Elevator and Fixed Guideway
       System Inspection Program through the Elevator Safety Review Board.

(2)    The program shall be administered and directed by a person with at least five (5)

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       years' experience in the inspection or construction, installation, maintenance, and

       repair of elevators fixed guideway systems, and their appurtenances. This program

       administrator shall be chosen by the executive director of housing, buildings and

       construction.
(3)    The executive director of housing, buildings and construction may appoint and hire,

       from the holders of certificates of competency, general inspectors of elevators.

(4)    The Elevator Safety Review Board shall develop the State Elevator and Fixed

       Guideway System Inspection Program, which shall ensure compliance with

       elevator and fixed guideway system statutes and administrative regulations. This

       program shall include but not be limited to:

       (a)     Promulgating administrative regulations for identification of property

               locations which are subject to the elevator and fixed guideway system

               statutes and administrative regulations;

       (b)     Issuing notifications to violating property owners or operators;

       (c)     Conducting random on-site inspections and tests on existing installations;

       (d)     Witnessing periodic inspections and testing in order to ensure satisfactory

               performance by licensees; and

       (e)     Assisting in the development of public awareness programs.

(5)    Any person may make a request for an investigation into alleged violation of KRS

       198B.400 to 198B.540 by giving notice to the program administrator of the

       violation or danger. This notice shall be in writing, set forth with reasonable

       particularity the grounds for the notice, and be signed by the person making the

       request. Upon the request of any person signing the notice, the person’s name

       shall not appear on any copy of the notice or any record published, released, or

       made available.
(6)    If upon receipt of the notification the program administrator determines that

       there are reasonable grounds to believe that the violation or danger exists, the

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       program administrator shall conduct an investigation in accordance with KRS

       198B.400 to 198B.540 as soon as practicable to determine if the violation or

       danger exists. If the program administrator determines that there are no

       reasonable grounds to believe that a violation or danger exists, the program

       administrator shall notify the party in writing of this determination.
       Section 14. KRS 198B.440 is amended to read as follows:

A certificate to serve as an inspector issued under KRS 198B.410 may be suspended or

revoked by the board[office] for the incompetence or untrustworthiness of the certificate
holder[ thereof], or for the falsification of any matter or statement contained in his or her

application or in a report of any inspection.

       Section 15. KRS 198B.450 is amended to read as follows:

If a certificate is lost or destroyed a new one shall be issued in its place by the

board[office] without another examination, upon the payment of a fee of one dollar ($1).

       Section 16. KRS 198B.460 is amended to read as follows:

(1)    Within six (6) months after the date of the appointment of the board, the owner or

       user of any elevator or fixed guideway system shall register with the board[office]

       every elevator or fixed guideway system operated by him or her, giving the type,

       capacity, description, name of manufacturer, and purpose for which each is used.

       The registration shall be made on a form to be furnished by the board[office].

(2)    If the office already has the information required by subsection (1) of this section

       in its possession, it shall provide the information to the board, and the owner or

       lessee shall not be required to duplicate the information. Elevators and fixed

       guideway systems for which construction has begun subsequent to the date of the

       creation of the board shall be registered at the time they are completed and placed

       in service.
       Section 17. KRS 198B.480 is amended to read as follows:

(1)    Every inspector shall forward to the office a full report of each inspection made of

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       any passenger elevator or fixed guideway system, showing the exact condition of

       the elevator or fixed guideway system, and the inspector shall leave a copy of the

       report at the elevator or fixed guideway system on the day the inspection is

       completed.

(2)    If any passenger elevator or fixed guideway system requires certain changes or

       repairs to make it reasonably safe to operate, recommendations shall be made by the

       inspector upon his or her report and a copy of the report as approved by the

       board[office] shall be given to the owner or operator of the elevator or fixed
       guideway system, and, unless appealed, upon compliance with the report[therewith]

       and upon the payment of the fees required by law, the office shall issue a certificate

       of operation for a capacity not to exceed that named in the report of inspection.

       This[, which] certificate shall be valid for one (1) year after the date of inspection.

(3)    If construction plans or an application of specifications is not approved, the

       board[office] shall state in writing the necessary changes to obtain approval and the

       owner or operator shall be given a copy of the necessary changes[thereof], and,

       unless appealed, upon compliance by the owner or operator[therewith], the

       board[office] shall approve the plans or specifications and issue a permit for

       construction.

(4)    Any owner or operator, within twenty (20) days from receipt of the copy of the

       report or statement of changes in plans or specifications, may make written

       application to the board[office] upon forms to be furnished by the office for a

       hearing on the report or the statement regarding changes in plans or specifications

       as to whether the elevator or fixed guideway system in question is reasonably safe,

       or whether the elevator or fixed guideway system, if constructed in accordance with

       the plans and specifications, would be reasonably safe. The board[office] shall
       promptly consider the application and schedule a hearing to be conducted consistent

       with the provisions of this section and KRS Chapter 13B.

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(5)    If it appears from the evidence presented at the hearing that the elevator or fixed

       guideway system will be reasonably safe to operate without those changes or repairs

       shown in the report or by making only a part or all of the changes[thereof], or if

       none or only a part of all the changes in the plans or specifications are found

       necessary to make the elevator reasonably safe, the board[office] shall issue its final

       order accordingly. If the final order requires changes or repairs to be made in the

       elevator or fixed guideway system or changes in the plans or specifications of

       either, the office shall, upon the payment of the required fees, issue a certificate of
       operation when the order has been executed or issue its approval of the plans or

       specifications. If the final order of the board[office] has been affirmed or modified

       by appeal on the grounds of reasonable safety considered by the board[office], then

       the board[office] shall, upon compliance with the final order and the payment of

       required fees, issue the certificate of operation or issue its approval of the plans and

       specifications.[; but,] If the order of the board[office] has been vacated, the

       certificate of operation, upon the payment of fees or approval of plans and

       specifications, shall be issued immediately[forthwith]. No elevator or fixed

       guideway system shall be operated after being inspected without bearing a

       conspicuously posted[having a] certificate of operation[ conspicuously posted

       thereon], except pending a hearing on the issuance of the certificate[thereof].

       Section 18. KRS 198B.490 is amended to read as follows:

(1)    The board[executive director of housing, buildings and construction] shall make,

       alter, amend, and repeal rules and regulations exclusively for the safety and

       inspection of passenger elevators and fixed guideway systems. The program

       administrator[executive director] shall have the authority to prescribe, by

       regulation, the fee to be charged for each license, permit, certificate, or inspection.
       All fees established and regulated by this section shall be payable to the office

       except as may be provided in a specific written agreement between the program

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       administrator[executive director] and any agency authorized to inspect elevators or

       fixed guideway systems by the provisions of this chapter.

(2)    The board may consult with engineering authorities and organizations concerned

       with standard safety codes, rules, and regulations governing the operation,

       maintenance, servicing, construction, alteration, installation, and inspection of

       elevators and fixed guideway systems, and the qualifications that are adequate,

       reasonable, and necessary for an elevator mechanic, contractor, and inspector.

(3)    The board shall promulgate administrative regulations establishing the approved

       equipment regulated by KRS 198B.400 to 198B.540. These administrative

       regulations shall include the:

       (a)     Safety Code for Elevators and Escalators, ASME A17.1/CSA B44;

       (b)     Safety Code for Existing Elevators and Escalators, ASME A17.3;

       (c)     Performance-Based Safety Code for Elevators and Escalators, ASME

               A17.7/CSA B44.7;

       (d)     Safety Standards for Platform Lifts and Stairway Chairlifts, ASME A18.1;

       (e)     Standard for the Qualification of Elevator Inspectors, ASME QEI-1; and

       (f)     Automated People Mover Standards, ASCE 21.

(4)    The board shall adopt or incorporate by reference the latest editions of any

       standard within six (6) months of that standard's effective date. If the board

       deems it necessary to modify a standard, it shall justify this decision in writing.

(5)    All board administrative regulations and any interpretation or enforcement of

       KRS 198B.400 to 198B.540 shall be consistent with the standards of safety as

       established in KRS 227.300 and the Uniform State Building Code established in

       KRS 198B.050, whenever either is applicable.
       Section 19. KRS 198B.510 is amended to read as follows:
(1)    No certificate of operation for any passenger elevator or fixed guideway system

       shall be issued until the elevator or fixed guideway system has been inspected and

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       the inspection report[ thereof] filed with the office. The certificate of operation,

       when issued, shall bear the date of inspection, and shall be renewed as of the date of

       the subsequent inspection, provided the inspection is made at least one (1) year after

       the issuance of this[such] certificate. If the inspection is made during the year the

       certificate is in force, the renewal date shall be one (1) year from the date of the

       certificate being renewed and the renewal certificate shall show the date of

       inspection.

(2)    All new elevator or fixed guideway system installations shall be performed by a

       licensed elevator contractor. Subsequent to installation, the elevator contractor

       shall certify compliance with the applicable sections of KRS 198B.400 to

       198B.540. The licensed elevator contractor shall complete and submit the initial

       registration for each new installation.

(3)    The certificate of operation fee and any renewal fees for all new and existing

       platform and stairway chair lifts shall be waived for private residences. The

       office's designee shall inspect, in accordance with the requirements set forth in

       KRS 198B.400 to 198B.540, all newly installed and existing platform lifts and

       stairway chair lifts for private residences subsequent to an inspection by a person,

       firm, or corporation to which a license to inspect elevators or fixed guideway

       systems has been issued. The board shall provide notice to the owner of the

       private residence where the elevator or fixed guideway system is located with

       relevant information about elevator or fixed guideway system safety

       requirements, including but not limited to having the owner contact the board to

       ensure that the elevator or fixed guideway system is periodically and timely

       inspected and made safe before the permit for the elevator or fixed guideway

       system expires. The inspection shall only be done at the request and consent of
       the private residence owner. The penalty provisions of KRS 198B.400 to

       198B.540 shall not apply to private residence owners.

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(4)    The certificate of operation issued for platform and stairway chairlifts for private

       residences shall be valid for a period of three (3) years. Certificates of operation

       shall be clearly displayed on or in each elevator or fixed guideway system or in

       the machine room for use for the benefit of code enforcement staff.
       Section 20. KRS 198B.520 is amended to read as follows:

(1)    Before any new installation of an elevator or fixed guideway system of permanent

       nature shall be erected or before any existing elevator is removed to a different

       location, an application of specifications in duplicate shall be submitted to the office
       giving such information concerning the construction, installation, and operation of

       the[said] elevator or fixed guideway system as the board[office] may require on

       forms to be furnished by the office, together with complete construction plans in

       duplicate. In all cases where any changes or repairs are made which alter its

       construction or classification, grade, or rated lifting capacity, except when made

       pursuant to a report of an inspector, an application of specifications in duplicate

       shall be submitted to the office containing such information for approval, except for

       elevators in those municipal corporations which maintain their own elevator

       inspection departments, where[in which event] the specifications shall be submitted

       to the elevator department of the municipal corporation for its approval and, if

       approved, a permit for the erection or repair of the elevator shall be issued by the

       municipal corporation. Upon approval of the application and construction plans, the

       office shall issue a permit for the erection or repair of the elevator or fixed

       guideway system. No new elevator or fixed guideway system shall be operated until

       completion in accordance with the approved plans and specifications, unless a

       temporary permit is granted by the board[office].

(2)    A permit issued under this section may be revoked where:
       (a)     Any false statements or misrepresentation as to the material facts in the

               application, plans, or specifications led to the issuance of the permit;

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       (b)     The permit was issued in error and should not have been issued in

               accordance with the applicable code;

       (c)     The work detailed under the permit is not being performed in accordance

               with the provisions of the application, plans, or specifications or with the

               code or conditions of the permit; or

       (d)     The elevator contractor to whom the permit was issued fails or refuses to

               comply with a lawfully issued stop work order.

(3)    A permit issued under this section shall expire if:

       (a)     The work authorized by a permit is not commenced within six (6) months

               after the date of issuance, or within a shorter period of time as the board

               may specify at the time the permit is issued; or

       (b)     The work is suspended or abandoned for a period of sixty (60) days, or a

               shorter period of time as the board may specify at the time the permit is

               issued, after the work has been started. The board may allow an extension

               of the allotted period for good cause.
       Section 21. KRS 198B.530 is amended to read as follows:

A[No] person shall not violate any law relative to the operation, construction,

maintenance, and repair of passenger elevators or fixed guideway systems. All fines

collected for a violation of this section and all fees collected under KRS 198B.400 to

198B.540 shall be forwarded to the office, which shall pay the same into the State

Treasury to the credit of the general revenue fund.

       Section 22. KRS 198B.990 (Effective until July 1, 2010) is amended to read as

follows:

(1)    Any person who violates any provision of KRS 198B.140, or of the Uniform State

       Building Code, or any directive or order issued pursuant thereto shall be fined not
       less than ten dollars ($10) nor more than one thousand dollars ($1,000). Each day

       the violation continues shall constitute a separate offense.

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(2)    Any person who violates the provisions of KRS 198B.310 to 198B.330 shall be

       fined not less than fifty dollars ($50) nor more than five hundred dollars ($500), or

       be imprisoned for not more than one (1) year, or both.

(3)    Any person who violates any provision of KRS 198B.410 to 198B.540, or

       regulation issued thereunder, shall be fined not more than one thousand[a sum of]

       five hundred dollars ($1,500), or be imprisoned for not more than thirty (30)

       days), or both[($500)] for each offense.

       KRS 198B.990 (Effective July 1, 2010) is amended to read as follows:
(1)    Any person who violates any provision of KRS 198B.140, 198B.6671, or

       198B.6672, the Uniform State Building Code, the Uniform State Residential Code,

       or any directive or order issued pursuant thereto shall be fined not less than ten

       dollars ($10) nor more than one thousand dollars ($1,000). Each day the violation

       continues shall constitute a separate offense.

(2)    Any person who violates the provisions of KRS 198B.310 to 198B.330 shall be

       fined not less than fifty dollars ($50) nor more than five hundred dollars ($500), or

       be imprisoned for not more than one (1) year, or both.

(3)    Any person who violates any provision of KRS 198B.410 to 198B.540, or

       regulation issued thereunder, shall be fined not more than one thousand[a sum of]

       five hundred dollars ($1,500), or be imprisoned for not more than thirty (30)

       days), or both[($500)] for each offense.




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