2001 Montana Legislature

About Bill -- Links

HOUSE BILL NO. 437

INTRODUCED BY H. JACOBSON, NELSON

Montana State Seal

AN ACT REQUIRING THAT ELEVATORS, ESCALATORS, DUMBWAITERS, MOVING WALKS, MATERIAL LIFTS, WHEELCHAIR LIFTS, AND STAIRWAY CHAIRLIFTS MUST BE INSPECTED BY THE DEPARTMENT OF COMMERCE, A CERTIFIED MAINTENANCE COMPANY REPRESENTATIVE, OR A CERTIFIED INSURANCE COMPANY REPRESENTATIVE; PROVIDING AN EXEMPTION FOR PRIVATE RESIDENCES, FARMS, AND RANCHES; AMENDING SECTIONS 50-60-701, 50-60-702, AND 50-60-703, MCA; AND PROVIDING AN IMMEDIATE EFFECTIVE DATE.



BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:



     Section 1.  Section 50-60-701, MCA, is amended to read:

     "50-60-701.  Inspection of passenger elevators, and escalators, dumbwaiters, moving walks, and certain lifts -- fees. (1) All passenger elevators, and escalators, in public places may dumbwaiters, including dumbwaiters with automatic transfer devices, moving walks, material lifts, wheelchair lifts, and stairway lifts must be inspected by the department to insure ensure compliance with the requirements of the state building code. The department shall establish and charge a reasonable and uniform fee based on the type of equipment for the inspections that may not exceed the expense of providing the inspection.

     (2)  In lieu of inspection by the department, inspections of passenger elevators and escalators equipment provided for in subsection (1) to assure ensure compliance with the state building code may be made by:

     (a)  a maintenance company representative certified by the department who regularly maintains or services the elevator or escalator equipment; or

     (b)  an insurance company representative certified by the department who regularly inspects an elevator or escalator the equipment insured by the company against public liability and who if the company maintains a service record of the elevator or escalator equipment.

     (3)  When an inspection of a passenger elevator or escalator is made pursuant to subsection (2), a copy of the condition report must be provided to the owner and must be sent to the department. The department may not charge more than $10 for receiving and processing a condition report for each elevator or escalator individual piece of equipment in any a building and for issuing certificates a certificate of inspection therefor for the piece of equipment if the certified maintenance or insurance company inspector doing the inspection certifies to the department that all deficient elevator or escalator conditions noted in the condition report have been corrected and no follow-up that followup by the department in that regard is not necessary.

     (4) This section does not apply to private residences or farm and ranch operations.

     (5) Freight elevators, material lifts, and dumbwaiters must be inspected once every 3 years."



     Section 2.  Section 50-60-702, MCA, is amended to read:

     "50-60-702.  Department to adopt inspection standards -- certification of inspectors. (1) The department shall adopt standards for passenger elevator and escalator inspections that assure the inspection of equipment subject to this part. The standards must ensure compliance with the requirements of the state building code.

     (2)  The department shall adopt rules for the certification of maintenance and insurance company inspectors who may inspect passenger elevators and escalators pursuant to 50-60-701 equipment subject to this part."



     Section 3.  Section 50-60-703, MCA, is amended to read:

     "50-60-703.  When inspection of elevators not necessary. Elevators that do not carry passengers do not need to Equipment that is located in a building or structure and that is subject to the provisions of this part and operated by an employee of the building or structure or the public must be inspected by the department or a certified maintenance company or insurance company representative."



     Section 4.  Effective date. [This act] is effective on passage and approval.

- END -




Latest Version of HB 437 (HB0437.ENR)
Processed for the Web on April 17, 2001 (8:52AM)

New language in a bill appears underlined, deleted material appears stricken.

Sponsor names are handwritten on introduced bills, hence do not appear on the bill until it is reprinted. See the status of this bill for the bill's primary sponsor.

Status of this Bill | 2001 Legislature | Leg. Branch Home
This bill in WP 5.1 |Authorized print version w/line numbers (PDF format)

Prepared by Montana Legislative Services

(406)444-3064