As Introduced

133rd General Assembly

Regular Session H. B. No. 289

2019-2020

A BILL

To amend sections 119.12, 121.084, 4105.01, 4105.10, and 4105.15 and to enact sections 4105.101, 4105.30, 4785.01, 4785.02, 4785.03, 4785.04, 4785.041, 4785.05, 4785.051, 4785.06, 4785.07, 4785.08, 4785.09, 4785.091, 4785.092, and 4785.99 of the Revised Code to revise the Elevator Law.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:

Section 1. That sections 119.12, 121.084, 4105.01, 4105.10, and 4105.15 be amended and sections 4105.101, 4105.30, 4785.01, 4785.02, 4785.03, 4785.04, 4785.041, 4785.05, 4785.051, 4785.06, 4785.07, 4785.08, 4785.09, 4785.091, 4785.092, and 4785.99 of the Revised Code be enacted to read as follows:

Sec. 119.12. (A)(1) Except as provided in division (A)(2) or (3) of this section, any party adversely affected by any order of an agency issued pursuant to an adjudication denying an applicant admission to an examination, or denying the issuance or renewal of a license or registration of a licensee, or revoking or suspending a license, or allowing the payment of a forfeiture under section 4301.252 of the Revised Code, or imposing a civil penalty under section 4785.091 of the Revised Code may appeal from the order of the agency to the court of common pleas of the county in which the place of business of the licensee is located or the county in which the licensee is a resident.

(2) An appeal from an order described in division (A)(1) of this section issued by any of the following agencies shall be made to the court of common pleas of Franklin county:

(a) The liquor control commission;

(b) The Ohio casino control commission,;

~~(c)~~(d) The state chiropractic board;

~~(d)~~(e) The board of nursing;

~~(e)~~(f) The bureau of workers' compensation regarding participation in the health partnership program created in sections 4121.44 and 4121.441 of the Revised Code;

(g) The elevator safety review board.

(3) If any party appealing from an order described in division (A)(1) of this section is not a resident of and has no place of business in this state, the party may appeal to the court of common pleas of Franklin county.

(B) Any party adversely affected by any order of an agency issued pursuant to any other adjudication may appeal to the court of common pleas of Franklin county, except that appeals from orders of the fire marshal issued under Chapter 3737. of the Revised Code may be to the court of common pleas of the county in which the building of the aggrieved person is located and except that appeals under division (B) of section 124.34 of the Revised Code from a decision of the state personnel board of review or a municipal or civil service township civil service commission shall be taken to the court of common pleas of the county in which the appointing authority is located or, in the case of an appeal by the department of rehabilitation and correction, to the court of common pleas of Franklin county.

(D) Any party desiring to appeal shall file a notice of appeal with the agency setting forth the order appealed from and stating that the agency's order is not supported by reliable, probative, and substantial evidence and is not in accordance with law. The notice of appeal may, but need not, set forth the specific grounds of the party's appeal beyond the statement that the agency's order is not supported by reliable, probative, and substantial evidence and is not in accordance with law. The notice of appeal shall also be filed by the appellant with the court. In filing a notice of appeal with the agency or court, the notice that is filed may be either the original notice or a copy of the original notice. Unless otherwise provided by law relating to a particular agency, notices of appeal shall be filed within fifteen days after the mailing of the notice of the agency's order as provided in this section. For purposes of this paragraph, an order includes a determination appealed pursuant to division (C) of section 119.092 of the Revised Code. The amendments made to this paragraph by Sub. H.B. 215 of the 128th general assembly are procedural, and this paragraph as amended by those amendments shall be applied retrospectively to all appeals pursuant to this paragraph filed before September 13, 2010, but not earlier than May 7, 2009, which was the date the supreme court of Ohio released its opinion and judgment in Medcorp, Inc. v. Ohio Dep't. of Job and Family Servs. (2009), 121 Ohio St.3d 622.

(E) The filing of a notice of appeal shall not automatically operate as a suspension of the order of an agency. If it appears to the court that an unusual hardship to the appellant will result from the execution of the agency's order pending determination of the appeal, the court may grant a suspension and fix its terms. If an appeal is taken from the judgment of the court and the court has previously granted a suspension of the agency's order as provided in this section, the suspension of the agency's order shall not be vacated and shall be given full force and effect until the matter is finally adjudicated. No renewal of a license or permit shall be denied by reason of the suspended order during the period of the appeal from the decision of the court of common pleas. In the case of an appeal from the Ohio casino control commission, the state medical board, or the state chiropractic board, the court may grant a suspension and fix its terms if it appears to the court that an unusual hardship to the appellant will result from the execution of the agency's order pending determination of the appeal and the health, safety, and welfare of the public will not be threatened by suspension of the order. This provision shall not be construed to limit the factors the court may consider in determining whether to suspend an order of any other agency pending determination of an appeal.

(F) The final order of adjudication may apply to any renewal of a license or permit which has been granted during the period of the appeal.

(G) Notwithstanding any other provision of this section, any order issued by a court of common pleas or a court of appeals suspending the effect of an order of the liquor control commission issued pursuant to Chapter 4301. or 4303. of the Revised Code that suspends, revokes, or cancels a permit issued under Chapter 4303. of the Revised Code or that allows the payment of a forfeiture under section 4301.252 of the Revised Code shall terminate not more than six months after the date of the filing of the record of the liquor control commission with the clerk of the court of common pleas and shall not be extended. The court of common pleas, or the court of appeals on appeal, shall render a judgment in that matter within six months after the date of the filing of the record of the liquor control commission with the clerk of the court of common pleas. A court of appeals shall not issue an order suspending the effect of an order of the liquor control commission that extends beyond six months after the date on which the record of the liquor control commission is filed with a court of common pleas.

(H) Notwithstanding any other provision of this section, any order issued by a court of common pleas or a court of appeals suspending the effect of an order of the Ohio casino control commission issued under Chapter 3772. of the Revised Code that limits, conditions, restricts, suspends, revokes, denies, not renews, fines, or otherwise penalizes an applicant, licensee, or person excluded or ejected from a casino facility in accordance with section 3772.031 of the Revised Code shall terminate not more than six months after the date of the filing of the record of the Ohio casino control commission with the clerk of the court of common pleas and shall not be extended. The court of common pleas, or the court of appeals on appeal, shall render a judgment in that matter within six months after the date of the filing of the record of the Ohio casino control commission with the clerk of the court of common pleas. A court of appeals shall not issue an order suspending the effect of an order of the Ohio casino control commission that extends beyond six months after the date on which the record of the Ohio casino control commission is filed with the clerk of a court of common pleas.

(I) Notwithstanding any other provision of this section, any order issued by a court of common pleas suspending the effect of an order of the state medical board or state chiropractic board that limits, revokes, suspends, places on probation, or refuses to register or reinstate a certificate issued by the board or reprimands the holder of the certificate shall terminate not more than fifteen months after the date of the filing of a notice of appeal in the court of common pleas, or upon the rendering of a final decision or order in the appeal by the court of common pleas, whichever occurs first.

~~(I)~~(J) Within thirty days after receipt of a notice of appeal from an order in any case in which a hearing is required by sections 119.01 to 119.13 of the Revised Code, the agency shall prepare and certify to the court a complete record of the proceedings in the case. Failure of the agency to comply within the time allowed, upon motion, shall cause the court to enter a finding in favor of the party adversely affected. Additional time, however, may be granted by the court, not to exceed thirty days, when it is shown that the agency has made substantial effort to comply. The record shall be prepared and transcribed, and the expense of it shall be taxed as a part of the costs on the appeal. The appellant shall provide security for costs satisfactory to the court of common pleas. Upon demand by any interested party, the agency shall furnish at the cost of the party requesting it a copy of the stenographic report of testimony offered and evidence submitted at any hearing and a copy of the complete record.

~~(J)~~(K) Notwithstanding any other provision of this section, any party desiring to appeal an order or decision of the state personnel board of review shall, at the time of filing a notice of appeal with the board, provide a security deposit in an amount and manner prescribed in rules that the board shall adopt in accordance with this chapter. In addition, the board is not required to prepare or transcribe the record of any of its proceedings unless the appellant has provided the deposit described above. The failure of the board to prepare or transcribe a record for an appellant who has not provided a security deposit shall not cause a court to enter a finding adverse to the board.

~~(K)~~(L) Unless otherwise provided by law, in the hearing of the appeal, the court is confined to the record as certified to it by the agency. Unless otherwise provided by law, the court may grant a request for the admission of additional evidence when satisfied that the additional evidence is newly discovered and could not with reasonable diligence have been ascertained prior to the hearing before the agency.

~~(L)~~(M) The court shall conduct a hearing on the appeal and shall give preference to all proceedings under sections 119.01 to 119.13 of the Revised Code, over all other civil cases, irrespective of the position of the proceedings on the calendar of the court. An appeal from an order of the state medical board issued pursuant to division (G) of either section 4730.25 or 4731.22 of the Revised Code, the state chiropractic board issued pursuant to section 4734.37 of the Revised Code, the liquor control commission issued pursuant to Chapter 4301. or 4303. of the Revised Code, or the Ohio casino control commission issued pursuant to Chapter 3772. of the Revised Code shall be set down for hearing at the earliest possible time and takes precedence over all other actions. The hearing in the court of common pleas shall proceed as in the trial of a civil action, and the court shall determine the rights of the parties in accordance with the laws applicable to a civil action. At the hearing, counsel may be heard on oral argument, briefs may be submitted, and evidence may be introduced if the court has granted a request for the presentation of additional evidence.

~~(M)~~(N) The court may affirm the order of the agency complained of in the appeal if it finds, upon consideration of the entire record and any additional evidence the court has admitted, that the order is supported by reliable, probative, and substantial evidence and is in accordance with law. In the absence of this finding, it may reverse, vacate, or modify the order or make such other ruling as is supported by reliable, probative, and substantial evidence and is in accordance with law. The court shall award compensation for fees in accordance with section 2335.39 of the Revised Code to a prevailing party, other than an agency, in an appeal filed pursuant to this section.

~~(N)~~(O) The judgment of the court shall be final and conclusive unless reversed, vacated, or modified on appeal. These appeals may be taken either by the party or the agency, shall proceed as in the case of appeals in civil actions, and shall be pursuant to the Rules of Appellate Procedure and, to the extent not in conflict with those rules, Chapter 2505. of the Revised Code. An appeal by the agency shall be taken on questions of law relating to the constitutionality, construction, or interpretation of statutes and rules of the agency, and, in the appeal, the court may also review and determine the correctness of the judgment of the court of common pleas that the order of the agency is not supported by any reliable, probative, and substantial evidence in the entire record.

The court shall certify its judgment to the agency or take any other action necessary to give its judgment effect.

Sec. 121.084. (A) All moneys collected under sections 3783.05, 3791.07, 4104.07, 4104.18, 4104.44, 4105.17, 4105.20, 4169.03, and 5104.051, and Chapter 4785. of the Revised Code, and any other moneys collected by the division of industrial compliance shall be paid into the state treasury to the credit of the industrial compliance operating fund, which is hereby created. The department of commerce shall use the moneys in the fund for paying the operating expenses of the division and the administrative assessment described in division (B) of this section.

(B) The director of commerce, with the approval of the director of budget and management, shall prescribe procedures for assessing the industrial compliance operating fund a proportionate share of the administrative costs of the department of commerce. The assessment shall be made in accordance with those procedures and be paid from the industrial compliance operating fund to the division of administration fund created in section 121.08 of the Revised Code.

Sec. 4105.01. As used in this chapter:

(A) "Elevator" means a hoisting and lowering apparatus equipped with a car, cage, or platform which moves on or between permanent rails or guides and serves two or more fixed landings in a building or structure to which section 3781.06 of the Revised Code applies or in a private residence. "Elevator" includes dumb-waiters other than hand-powered dumb-waiters, escalators, manlifts, moving walks, of the endless belt type, other lifting or lowering apparatus permanently installed on or between rails or guides, and all equipment, machinery, and construction related to any elevator; but does not include construction hoists and other similar temporary lifting or lowering apparatuses, ski lifts, chairlifts installed in a private residence, a lifting device installed in a showroom for demonstration purposes only, traveling, portable amusement rides or devices that are not affixed to a permanent foundation, or nonportable amusement rides or devices that are affixed to a permanent foundation.

(B) "Passenger elevator" means an elevator that is designed to carry persons to its contract capacity.

(C) "Freight elevator" means an elevator normally used for carrying freight and on which only the operator and employees in the pursuit of their duties, by the permission of the employer, are allowed to ride.

(D) "Gravity elevator" means an elevator utilizing gravity to move.

(E) "General inspector" means a state inspector examined and hired to inspect elevators and lifting apparatus for that state.

(F) "Special inspector" means an inspector examined and commissioned by the superintendent of industrial compliance to inspect elevators and lifting apparatus in the state.

(G) "Inspector" means either a general or special inspector.

(H) "Private residence" has the same meaning as in section 4785.01 of the Revised Code.

Sec. 4105.10. (A) Except as provided in division (B) of this section, elevators shall be inspected in accordance with the following:

(1) Every passenger elevator, escalator, moving walk, and freight elevator, including gravity elevators, shall be inspected twice every twelve months.

~~(B)~~ (2) Power dumb-waiters, hoists, and other lifting or lowering apparatus, not designed to carry persons, permanently installed, either on or between rails or guides, shall be inspected at least once every twelve months.

~~(C)~~ (3) The board of building standards may designate, by rule, classifications of passenger elevators with a capacity of seven hundred fifty pounds or less that shall be inspected once every twelve months.

(B)(1) Division (A) of this section does not apply to an elevator installed in a private residence. Such elevators shall only be inspected for the initial certificate of inspection as provided in section 4105.15 of the Revised Code and pursuant to division (B)(2) of this section.

(2) If title to a private residence containing an elevator is to be transferred, then that elevator shall be inspected and its certificate of operation shall be renewed not more than sixty days prior to the date of the sale.

Sec. 4105.101. (A) Upon completion of an inspection of an elevator installed in a private residence, the inspector shall provide to the owner of that residence a notice informing the owner of the hazards of altering or repairing an elevator and the liability that the owner could potentially face for making such an alteration or repair without the proper training or license.

(B) The owner of the elevator shall acknowledge receiving the notification required under this section via signature.

Sec. 4105.15. (A) No certificate of operation for any elevator shall be issued by the director of commerce until such elevator has been inspected as required by this chapter. ~~Certificates~~

(B)(1) Except as provided in division (B)(2) of this section, certificates of operation shall be renewed by the owner or user of the elevator in accordance with rules adopted by the superintendent of industrial compliance pursuant to section 4105.12 of the Revised Code.

(2) A certificate of operation provided to the owner of an elevator installed in a private residence need not be renewed, except as provided in division (B)(2) of section 4105.10 of the Revised Code.

Sec. 4105.30. (A) It shall be the responsibility of the owner of all conveyances to have an elevator contractor licensed under Chapter 4785. of the Revised Code ensure that the required tests are performed at intervals in compliance with the ASME A17.1/CSA B44 Appendix N, ASME A18.1, and ASCE 21. All tests shall be performed by an elevator mechanic licensed under Chapter 4785. of the Revised Code.

(B) As used in this section, "ASME A17.1," "ASME A18.1," "ASCE 21," and "conveyance" have the same meanings as in section 4785.01 of the Revised Code.

Sec. 4785.01. (A) As used in this chapter:

(1) "Automated people mover" means an installation as defined in the automated people mover standards.

(2) "Automated people mover standards" means the standards adopted by the American society of civil engineers commonly referred to as ASCE 21.

(3) "Belt manlifts safety standards" means the safety standards adopted by the American society of mechanical engineers commonly referred to as ASME A90.1.

(4) "Board" means the elevator safety review board, which is within the board of building standards and under the department of commerce.

(5) "Business entity" includes a sole proprietorship, partnership, and corporation.

(6) "Cableways, cranes, derricks, hoists, hooks, jacks, and slings safety standards" means the safety standards adopted by the American society of mechanical engineers commonly referred to as ASME B30.

(7) "Conveyance" means any means of transportation subject to the jurisdiction of this chapter, as described in division (A) of section 4785.02 of the Revised Code.

(8) "Conveyance services" means erecting, constructing, installing, altering, servicing, repairing, dismantling, removing, or maintaining a conveyance.

(9) "Conveyors, cableways, and related equipment safety code" means the safety code adopted by the American society of mechanical engineers commonly referred to as ASME B20.1.

(10) "Division" means the division of industrial compliance located within the department of commerce.

(11) "Elevator" means a conveyance defined as an elevator in the elevators and escalators safety code and the platform lifts and stairway chairlifts safety standards.

(12) "Elevator contractor" means any business entity that has been issued an elevator contractor's license under this chapter and that is engaged in the business of providing conveyance services.

(13) "Elevator mechanic" means any individual who has been issued an elevator mechanic's license under this chapter.

(14) "Elevator mechanic's license" means a license issued by the division authorizing the holder to provide conveyance services and perform electrical work on conveyances.

(15) "Elevators and escalators safety code" means the safety code adopted by the American society of mechanical engineers commonly referred to as ASME A17.1/CSA B44.

(16) "Escalator" means a conveyance defined as an escalator in the elevators and escalators safety code.

(17) "Material alteration" means an alteration, as defined in the standards related to the item altered.

(18) "Material hoists safety requirements" means the safety requirements adopted by the American national standards institute commonly referred to as ANSI/ASSP A10.5.

(19) "Moving walk" means a moving walk as defined in the elevators and escalators safety code.

(20) "Platform lifts and stairway chairlifts safety standards" means the safety standard adopted by the American society of mechanical engineers commonly referred to as ASME A18.1.

(21) "Powered industrial trucks safety standards" means the safety standards adopted by the American national standards institute commonly referred to as ANSI/ITSDF B56.

(22) "Powered platforms for building maintenance safety standards" means the standards adopted by the American society of mechanical engineers commonly referred to as ASME 120.1.

(23) "Private residence" means a distinct building or a unit in a multiple dwelling building that is occupied by members of a single-family unit.

(24) "Repair" means a repair as defined in the appropriate reference standard that does not require a permit.

(25) "Superintendent" means the superintendent of industrial compliance.

(26) "Vehicle-mounted elevating and rotating work platforms standards" means the standards adopted by the American national standards institute and commonly referred to as ANSI/SAIA A92.

(B) For any term found in this chapter that is not defined in this section, the corresponding definition found in the appropriate standard shall be used.

(C) If a standard referenced in this chapter is replaced by a successor standard, then that successor shall be referenced for purposes of interpreting this chapter.

Sec. 4785.02. (A) This chapter shall be used to regulate the individuals and entities performing construction, testing, maintenance, alteration, and repair of the following equipment, associated parts, and hoistways:

(1) Hoisting and lowering mechanisms equipped with a car or platform that moves between two or more landings, including both of the following:

(a) Elevators;

(b) Platform lifts.

(2) Power-driven stairways and walkways for carrying persons between landings, including both of the following:

(a) Escalators;

(b) Moving walks.

(3) Hoisting and lowering mechanisms equipped with a car that serves two or more landings and is restricted to the carrying of material by its limited size or limited access to the car, including both of the following:

(a) Dumbwaiters;

(b) Material lifts and dumbwaiters with automatic transfer devices.

(4) Automatic guided transit vehicles on guideways with an exclusive right-of-way, including automated people movers.

(B) This chapter shall not be used to regulate any of the following:

(1) Material hoists within the scope of the material hoists safety requirements;

(2) Manlifts within the scope of the belt manlifts safety standards;

(3) Mobile scaffolds, towers, and platforms within the scope of the vehicle-mounted elevating and rotating work platforms standards;

(4) Powered platforms and equipment for exterior and interior maintenance within the scope of the powered platforms for building maintenance safety standards;

(5) Conveyors and related equipment within the scope of the conveyors, cableways, and related equipment safety code;

(6) Cranes, derricks, hoists, hooks, jacks, and slings within the scope of cableways, cranes, derricks, hoists, hooks, jacks, and slings safety standards;

(7) Industrial trucks within the scope of the powered industrial trucks safety standards;

(8) Portable equipment, except for portable escalators which are covered by the elevators and escalators safety code;

(9) Tiering or piling machines used to move materials to and from storage located and operating entirely within one story;

(10) Equipment for feeding or positioning materials at machine tools, printing presses, and similar machines;

(11) Skip or furnace hoists;

(12) Wharf ramps;

(13) Railroad car lifts or dumpers;

(14) Line jacks, false cars, shafters, moving platforms, and similar equipment used for installing an elevator by a contractor licensed in this state;

(15) Chairlifts;

(16) Any conveyance installed in a showroom that is for demonstration purposes only.

Sec. 4785.03. (A) Except as provided in divisions (C) and (D) of this section, no individual shall provide conveyance services in buildings or structures unless that individual is a licensed elevator mechanic and one of the following applies:

(1) The elevator mechanic is working for a licensed elevator contractor.

(2) The elevator mechanic is a sole proprietor who holds an elevator contractor's license.

(3) The elevator mechanic is a member of a partnership that holds an elevator contractor's license.

(B)(1) No individual shall wire any conveyance, from the mainline feeder terminals on the controller, unless that individual is a licensed elevator mechanic and one of the following applies:

(a) The elevator mechanic is working for a licensed elevator contractor.

(b) The elevator mechanic is a sole proprietor who holds an elevator contractor's license.

(2) No other license shall be required to wire a conveyance.

(C) An individual or business entity providing conveyance services, including wiring a conveyance, exclusively in private residences shall not be required to obtain a license under this chapter.

(D)(1) Except as provided in division (D)(2) of this section, an individual or business entity shall not dismantle a conveyance unless licensed under this chapter.

(2) Division (D)(1) of this section does not apply to a conveyance that is to be destroyed as a result of a complete demolition of a secured building or structure or where the hoistway or wellway is demolished back to the basic support structure and where no access is permitted therein.

Sec. 4785.04. (A) Any business entity wishing to provide conveyance services shall apply for an elevator contractor's license with the division of industrial compliance within the department of commerce on a form provided by the division.

(B) Any individual wishing to provide conveyance services shall apply for an elevator mechanic's license with the division of industrial compliance on a form provided by the division.

(1)(a) If an applicant is an individual or sole proprietor, the name, residence address, and business address of the applicant;

(b) If an applicant is a partnership, the name, residence address, and business address of each partner;

(c) If an 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;

(d) If the applicant is a corporation other than a domestic corporation, the name and address of an agent located in this state who shall be authorized to accept service of process and official notices.

(2) The number of years the applicant has engaged in the business of conveyance services;

(3) If the applicant is applying for an elevator contractor's license, both of the following:

(a) The approximate number of individuals, if any, to be employed by the applicant, and if applicable, satisfactory evidence that the employees are or will be covered by workers' compensation insurance in accordance with section 4785.07 of the Revised Code;

(b) Satisfactory evidence that the applicant and all employees are, or will be, covered by general liability, personal injury, and property damage insurance in accordance with section 4785.07 of the Revised Code.

(4) A description of the criminal convictions and pleas of guilty of the applicants and each employee, if any, as verified by a criminal records check;

(5) Such other information as the division considers appropriate.

(D) The division may issue an elevator mechanic's license to an applicant only if that applicant has demonstrated one of the following qualifications:

(1) An acceptable combination of documented experience and education credits, as follows:

(a) Not less than three years of work experience in the elevator industry, in construction, maintenance, service, repair, or any combination thereof, as verified by current and previous employers licensed to do business in this state;

(b) Satisfactory completion of a written examination administered by the division, or by a testing agency approved by the division, on the most recent referenced codes and standards.

(2)(a) Acceptable proof that the applicant has worked as an elevator construction, maintenance, or repair person, consisting of having worked without direct and immediate supervision for an elevator contractor authorized to do business in this state for a period of not less than three years immediately prior to the effective date of this section;

(b) An applicant seeking to establish qualifications pursuant to division (D)(2)(a) of this section shall apply within one year of the effective date of this section.

(3) A certificate of completion or other evidence 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 the certified elevator technician program of the national association of elevator contractors;

(4) A certificate of completion of an apprenticeship program for elevator mechanics that has standards substantially equal to those of this chapter and is registered with the bureau of apprenticeship and training, United States department of labor, or a state apprenticeship council;

(5) A valid license from a state having standards substantially equal to those of this chapter, upon application and without examination.

(E) The division shall not issue an elevator mechanic's license to any applicant to which any of the following apply:

(1) The applicant has been convicted of or pleaded guilty or no contest to a crime of moral turpitude or disqualifying offense as those terms are defined in section 4776.10 of the Revised Code and the rules adopted pursuant to division (A)(2) of section 4785.08 of the Revised Code.

(2) The applicant has violated any provision of this chapter.

(3) The applicant has violated any rule adopted pursuant to this chapter.

(4) The applicant has demonstrated incompetence or untrustworthiness.

(5) The applicant has engaged in fraud, misrepresentation, or deception in the conduct of business.

(6) The applicant has obtained or attempted to obtain a license or renewal of such license pursuant to this chapter by means of fraud, deception, or misrepresentation.

(7) The applicant has obtained or attempted to obtain an order, ruling, or authorization from the division of industrial compliance by means of fraud or misrepresentation.

(F)(1) The division may issue an elevator contractor's license to a business entity only if the applicant has in its employ a licensed elevator mechanic and has proof of compliance with the insurance requirements prescribed in section 4785.07 of the Revised Code.

(2) The division may issue an elevator contractor's license to an applicant that holds a valid license from a state having standards substantially equal to those of this chapter.

(G) Upon approval of an application made under this section, the division shall issue a license to the applicant.

(H) Any license issued under this section shall be valid for a period of two years and may be renewed.

Sec. 4785.041. (A) The division may renew a license issued under section 4785.04 of the Revised Code if the licensee does all of the following:

(1) Submits an application for license renewal on a form prescribed by the division;

(2) Pays the license renewal fee established by the division;

(3) If the licensee is an elevator mechanic, submits evidence that the applicant has completed the continuing education coursework described in division (B) of this section;

(4) If the license is an elevator contractor's license, submits proof that the applicant is in compliance with the insurance requirements prescribed in section 4785.07 of the Revised Code.

(B) The continuing education courses described in division (A)(3) of this section shall:

(1) Instruct licensees on new and existing rules and standards adopted by the division;

(2) Consist of not less than eight hours of instruction;

(3) Be attended and completed within one year immediately preceding the scheduled date for the license renewal;

(4) Be taught by instructors through continuing education providers approved by the division.

(C) A continuing education instructor shall be exempt from the continuing education requirement prescribed in division (A)(3) of this section, provided that any such applicant was qualified as an instructor at any time during the year immediately preceding the scheduled date for the license renewal.

(D)(1) A licensee who is unable to complete the continuing education coursework required under this section prior to the expiration of the licensee's license due to a temporary disability may apply for a temporary continuing education waiver from the division.

(2) An application for a temporary continuing education waiver shall be made in a form prescribed by the division, which shall be signed by the applicant under the penalty of perjury and accompanied by a certified statement from a competent physician attesting to the temporary disability. If the division grants the waiver, the licensee's license does not expire but is placed on inactive status.

(3) Upon the termination of the temporary disability, the licensee shall submit to the division a certified statement from the same physician, if practicable, attesting to the termination of the temporary disability. The division shall then take the licensee's license off inactive status and shall issue a waiver sticker, valid for ninety days, to the licensee and affix the sticker to the license. The licensee may then perform the tasks the license authorizes the licensee to perform but the licensee shall meet the continuing education requirement during this ninety-day period or be considered to have not met the continuing education requirement and the license shall be deemed to be expired.

(E)(1) Approved continuing education providers shall keep uniform records, for a period of ten years, of attendance of licensees in a format approved by the division. Such records shall be available for inspection by the division upon request.

(2) Approved training providers shall be responsible for the security of all attendance records and certificates of completion, provided, however, that falsifying or knowingly allowing another to falsify such attendance records or certificates of completion shall constitute grounds for suspension or revocation of a continuing education provider's division approval.

(F) The division shall not renew the license of any individual or entity that fails to meet the standard prescribed in division (E) of section 4785.04 of the Revised Code.

Sec. 4785.05. (A) Whenever the division determines that an emergency exists due to disaster, act of God, or work stoppage, and the number of individuals in the state holding elevator mechanic's licenses issued by the division is insufficient to cope with the emergency, the division shall declare such a state of emergency and respond as prescribed in this section to assure the safety of the public.

(B) Notwithstanding section 4785.03 of the Revised Code, during such a state of emergency, any individual found by a licensed elevator contractor to have an acceptable combination of documented experience and education to perform conveyance services without direct and immediate supervision may perform conveyance services without an elevator mechanic's license, as provided in this section.

(C) Such an individual shall seek an emergency elevator mechanic's license from the division within five business days after commencing work that would otherwise require an elevator mechanic's license.

(D) An elevator contractor associated with an individual seeking an emergency elevator mechanic's license shall furnish proof of competency as the division may require.

(E)(1) An emergency elevator mechanic's license shall be valid for a period of forty-five days from the date of issuance.

(2) The division may restrict the validity of an emergency elevator mechanic's license to a particular conveyance or geographical area as the division sees fit, but shall otherwise entitle the licensee to the rights and privileges of an elevator mechanic's license issued pursuant to this chapter.

(F) The division may renew an emergency elevator mechanic's license for the duration of a state of emergency.

(G) No fee shall be charged for any emergency elevator mechanic's license or renewal thereof.

Sec. 4785.051. (A) An elevator contractor shall notify the division when there are no licensed elevator mechanics available to provide conveyance services and may request that the division issue temporary elevator mechanic's licenses to individuals certified by the licensed elevator contractor to have an acceptable combination of documented experience and education to provide conveyance services without direct and immediate supervision.

(B) Any individual certified by an elevator contractor to have an acceptable combination of documented experience and education to provide conveyance services without direct and immediate supervision shall immediately seek a temporary elevator mechanic's license from the division and shall pay an application fee as set by the division. If the division is satisfied as to the individual's qualifications, the division shall issue a temporary elevator mechanic's license to the individual.

(C) A temporary license issued under this section shall be valid only for a specified term set by the division, which shall be noted on the license, and only while the licensee is employed by the elevator contractor that certified the individual as being qualified.

(D) A temporary elevator mechanic's license shall be renewable in accordance with rules adopted by the division.

Sec. 4785.06. Licensees shall ensure that installation, service, and maintenance of a conveyance is performed in accordance with state and local law and with generally accepted standards referenced in such laws or related rules.

When any material alteration is made to a conveyance, the licensees involved shall ensure that the conveyance adheres to the appropriate conveyance standard for the alteration.

Sec. 4785.07. (A) Elevator contractors shall submit to the division proof of insurance coverage greater than or equal to the following amounts:

(1) One million dollars for injury or death of any number of individuals in any one occurrence;

(2) Five hundred thousand dollars for property damage in any one occurrence;

(3) Workers' compensation insurance coverage.

(B) Such proof of insurance shall be delivered to the division before or at the time of the issuance or renewal of a license.

(C) If any policy required under this section is materially altered or canceled, the elevator contractor covered by the policy shall give notice of the material alteration or cancellation to the division at least ten days prior to the change.

Sec. 4785.08. (A) In accordance with Chapter 119. of the Revised Code, the superintendent of industrial compliance shall adopt rules pertaining to all of the following:

(1) The issuance and renewal of elevator mechanic's licenses and elevator contractor's licenses;

(2) A list of disqualifying offenses, pursuant to division (E) of section 4785.04 of the Revised Code.

(B) In accordance with Chapter 119. of the Revised Code, the superintendent may adopt rules pertaining to all of the following:

(1) Assisting in the development of public awareness programs;

(2) Classifications or subclassifications of licenses for elevator mechanics and elevator contractors;

(3) Monitoring inspections and testing in order to ensure satisfactory performance by licensees;

(4) Fee schedules for elevator mechanic and elevator contractor licenses. The fees shall reflect the actual costs and expenses necessary to administer this chapter.

(5) Establishing standards for the approval of license testing agencies, pursuant to division (D)(1)(b) of section 4785.04 of the Revised Code;

(6) Establishing standards for the approval of continuing education and training providers, pursuant to division (B) of section 4785.041 of the Revised Code;

(7) Any other rules necessary to administer and carry out this chapter.

(C) Notwithstanding divisions (A) and (B) of this section or Chapter 4105. of the Revised Code, the superintendent shall not adopt rules relating to the construction, maintenance, and repair of elevators, except as pertaining to licensing individuals under this chapter.

(D) The superintendent may exercise such other powers and duties as are necessary to carry out the purpose and intent of this chapter.

Sec. 4785.09. (A) There is hereby created, within the board of building standards established by section 3781.07 of the Revised Code, the elevator safety review board.

(B) The board shall be responsible for investigating violations of this chapter, holding disciplinary administrative hearings, and assessing penalties in accordance with sections 4785.091 and 4785.092 of the Revised Code.

(1) The director of commerce or the director's designee;

(2) A representative of the board of building standards;

(3) The following individuals, appointed by the governor:

(a) One representative of a major elevator manufacturing company;

(b) One representative of an elevator servicing company;

(d) One representative of the general public;

(e) One representative of municipal corporations in this state;

(f) One representative of building owners or managers;

(g) One representative of the building trade, comprised of an individual providing conveyance services.

(D) The term of those members appointed to the board shall be three years. Vacancies shall be filled in the same manner as the original appointments.

(E) All members of the board shall serve without salary, but shall be reimbursed for all expenses necessary in the performance of their duties.

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

(2) A majority of the board shall constitute a quorum.

(3) The chair shall be the deciding vote in the event of a tie vote.

(G)(1) The board shall meet and organize within ten days after the appointment of its members and at such meeting shall elect from its members one secretary of the board to serve for a term as prescribed in rules adopted by the board.

(2)(a) The board shall meet not less than once a month and as often as the board considers necessary for the consideration of code regulations, appeals, and variances, and for the transaction of such other business as properly may come before it.

(b) Special meetings shall be called as prescribed in rules adopted by the board.

(H) The seat of any appointed board member absent from three consecutive meetings shall be deemed vacant.

Sec. 4785.091. (A) The elevator safety review board may suspend or revoke a license issued pursuant to this chapter or subject the licensee to civil penalty if the board determines that one or more of the following applies to the licensee:

(1) The licensee has been convicted of or pleaded guilty to a crime of moral turpitude or disqualifying offense as those terms are defined in section 4776.10 of the Revised Code and rules adopted pursuant to division (A)(2) of section 4785.08 of the Revised Code.

(2) The licensee has violated any provision of this chapter.

(3) The licensee has violated any rule adopted pursuant to this chapter.

(4) The licensee has demonstrated incompetence or untrustworthiness.

(5) The licensee has engaged in fraud, misrepresentation, or deception in the conduct of business.

(6) The licensee has obtained or attempted to obtain a license or renewal of such license pursuant to this chapter by means of fraud, deception, or misrepresentation.

(7) The licensee has obtained or attempted to obtain an order, ruling, or authorization from the division of industrial compliance by means of fraud or misrepresentation.

(B)(1) An administrative action taken under division (A) of this section shall be made only after a hearing held by the board in accordance with Chapter 119. of the Revised Code.

(2) Notice of such a hearing shall be provided to the licensee in question at least ten days prior to the hearing 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 the hearing and set forth a statement of facts constituting the grounds for the charges against the licensee.

Sec. 4785.092. (A)(1) Any individual may request an investigation into an alleged violation of this chapter by giving notice to the elevator safety review board of a potential violation or danger.

(2) Such notice shall be in writing, shall set forth with reasonable particularity the grounds for the notice, and shall be signed by the individual making the request.

(3) Upon the request of any individual signing the notice, the individual's name shall not appear on any copy of such notice or any record published, released, or made available.

(B)(1) If, upon receipt of such a request, the board determines that there are reasonable grounds to believe that the violation or danger exists, the board shall investigate whether or not a violation or danger exists.

(2) If the board determines that there are no reasonable grounds to believe that a violation or danger exists, the board shall notify the individual making the request in writing of that determination.

Sec. 4785.99. Whoever recklessly violates any of the provisions of this chapter shall be fined not more than one thousand five hundred dollars, sentenced to a jail term not exceeding thirty days, or both.

Section 2. That existing sections 119.12, 121.084, 4105.01, 4105.10, and 4105.15 of the Revised Code are hereby repealed.

Section 3. The General Assembly's intent in enacting this act is to provide for the safety of installers, maintainers, and users of elevators and other conveyances, as well as to promote public safety awareness regarding the same. The use of unsafe and defective lifting devices imposes a substantial probability of serious and preventable injury to employees and the public. The prevention of these injuries and protection of employees and the public from unsafe conditions is in the best interest of the people of this state. Elevator personnel performing work covered by this act shall, by documented training, experience, or both, be familiar with the operation and safety functions of the components and equipment. Training and experience shall guarantee the ability to recognize the safety hazards and perform the procedures to which they are assigned in conformance with the requirements of this act. This act shall be considered the minimum standard for elevator and conveyance personnel.

Section 4. Section 119.12 of the Revised Code is presented in this act as a composite of the section as amended by both Am. Sub. H.B. 52 and Am. Sub. H.B. 64 of the 131st General Assembly. The General Assembly, applying the principle stated in division (B) of section 1.52 of the Revised Code that amendments are to be harmonized if reasonably capable of simultaneous operation, finds that the composite is the resulting version of the section in effect prior to the effective date of the section as presented in this act.