HB2228 - 492R

Be it enacted by the Legislature of the State of Arizona:

Section 1. Section 23-491, Arizona Revised Statutes, is amended to read:

START_STATUTE23-491. Definitions

In this article, unless the context otherwise requires:

1. "Authorized representative" means the elevator chief and elevator inspector employed by the division.

2. "Board" means the elevator advisory board established to assist the commission in drafting standards and regulations.

3. "Commission" means the industrial commission of Arizona.

4. "Conveyance" means an elevator, dumbwaiter, escalator, moving walk, manlift, personnel hoist, material hoist, stage lift and special purpose personnel elevator, excluding conveyances located at mines and subject to regulation and inspection by the state mine inspector pursuant to the provisions of title 27, chapter 3.

5. "Director" means the director of the division of occupational safety and health.

6. "Division" means the division of occupational safety and health of the industrial commission.

7. "Dumbwaiter" means a hoisting and lowering mechanism with a car of limited capacity and size which that moves in guides in a substantially vertical direction and that is used exclusively for carrying material.

8. "Elevator" means a hoisting and lowering mechanism equipped with a car or platform which that moves in guides in substantially vertical direction and which that serves two or more floors of a building or structure.

9. "Elevator company" means a person that provides elevator installation, maintenance or repair services.

9. 10. "Escalator" means a power driven, inclined, continuous stairway used for raising or lowering passengers.

10. 11. "Interested party" means the commission and its agents and the owner or operator who has been issued a correction order.

11. 12. "Manlift" means a device consisting of a power driven endless belt moving in one direction only and provided with steps or platforms and attached handholds for the transportation of personnel from floor to floor.

12. 13. "Material hoist" means a hoist for raising and lowering materials only and prohibiting the hoisting of persons.

13. 14. "Moving walk" means a type of passenger carrying device on which passengers stand or walk and in which the passenger carrying surface remains parallel to its direction of motion and is uninterrupted.

14. 15. "Owner" or "operator" means an individual or organization including this state and all political subdivisions of this state who has title to, controls or has the duty to control the operation of one or more conveyances, but shall not include an individual or organization engaged in mining or metallurgical operations whose operation is subject to regulation and inspection by the state mine inspector pursuant to the provisions of title 27, chapter 3.

15. 16. "Personnel hoist" means a mechanism for use in connection with the construction, alteration, maintenance or demolition of a building, structure or other work, used for hoisting and lowering workers and materials and equipped with a car that moves on guide members during its vertical movement. The term includes a hoistway of a personnel hoist.

16. 17. "Special purpose personnel elevator" means a passenger, hand powered, counterweighted device or an electric powered device which that travels vertically in guides and that serves two or more landings.

17. 18. "Stage lift" means a hoisting and lowering mechanism equipped with a platform which that moves in guides in a substantially vertical direction and which that serves one or more landings.

19. "Third-party qualified elevator inspector" means an individual who meets the requirements of section 23-491.16.END_STATUTE

Sec. 2. Section 23-491.05, Arizona Revised Statutes, is amended to read:

START_STATUTE23-491.05. Division powers and duties

A. The division shall:

1. Inspect conveyances annually and may do so at other times when deemed necessary or appropriate by the division.

2. Recommend to the commission for approval or disapproval standards and regulations and amendments to such standards and regulations.

3. Enforce, pursuant to section 23‑491.09, all standards and regulations promulgated by the commission.

B. The division may employ inspectors to perform the inspections prescribed by this article. END_STATUTE

Sec. 3. Title 23, chapter 2, article 12, Arizona Revised Statutes, is amended by adding section 23-491.16, to read:

START_STATUTE23-491.16. Third-party qualified elevator inspector; qualifications; prohibited conduct; civil penalty

A. A third-party qualified elevator inspector may perform any inspection prescribed by this article, including all of the following:

1. Final acceptance inspections of any new conveyance before issuance of a first certificate.

2. Investigations of accidents and complaints.

3. Follow-up inspections to confirm corrective action.

4. Final acceptance inspections of the modernization or alteration of a conveyance.

5. Any required annual inspection.

B. The commission may certify an individual as a third-party qualified elevator inspector, if the individual does both of the following:

1. Meets the qualifications and insurance requirements and follows the procedures prescribed by the commission.

2. Is certified by an organization that is accredited by a national society of mechanical engineers in accordance with a national standard for safety of elevators, dumbwaiters, escalators and moving walks as determined by the commission.

C. The commission may suspend or revoke a third-party qualified elevator inspector certification or an elevator certificate of inspection or may impose a civil penalty of up to one thousand dollars for each violation on a third-party qualified elevator inspector or a elevator company that d0es any of the following:

1. Makes a false statement as to a material matter in an application for certification under this article.

2. Commits fraud, misrepresentation or bribery in regard to conveyances or any action taken pursuant to this article.

3. Commits a violation of this article or the rules adopted pursuant to this article.

D. The commission may suspend or revoke a third-party qualified elevator inspector certification or may impose a civil penalty of up to one thousand dollars for each violation on a third-party qualified elevator inspector who fails to provide the commission and the certificate of inspection holder with a copy of the inspection report within five days after the date of any inspection performed after the initial certificate of inspection is issued.

E. A third-party qualified elevator inspector shall not inspect work performed by any of the following:

1. The third-party qualified elevator inspector.

2. A company owned by or that employs the third-party qualified elevator inspector.

3. A company affiliated with a company owned by or that employs the third-party qualified elevator inspector. END_STATUTE