AN ACT REQUIRING THE DEPARTMENT OF COMMERCE TO INSPECT ELEVATORS, ESCALATORS, DUMBWAITERS, INCLUDING DUMBWAITERS WITH AUTOMATIC TRANSFER DEVICES, MOVING WALKS, MATERIAL LIFTS, WHEELCHAIR LIFTS, AND STAIRWAY CHAIRLIFTS TO ENSURE COMPLIANCE WITH THE STATE BUILDING CODE; EXCEPTING PRIVATE RESIDENCES AND FARM AND RANCH OPERATIONS FROM THE REQUIREMENT; AND AMENDING SECTIONS 50-60-701, 50-60-702, AND 50-60-703, MCA; AND PROVIDING AN 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 elevators, escalators, dumbwaiters, including dumbwaiters with automatic transfer devices, moving walks, material lifts, wheelchair lifts, and stairway chairlifts -- fees. (1) All elevators, escalators , dumbwaiters, including dumbwaiters with automatic transfer devices, moving walks, material lifts, wheelchair lifts, and stairway chairlifts must be inspected by the department to ensure compliance with the requirements of the state building code. The department shall establish and charge a reasonable and uniform fee for the inspections that may not exceed the expense of providing the inspection.

(2) In lieu of inspection by the department, inspections to 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 equipment subject to the provisions of this part; or

(b) an insurance company representative certified by the department who regularly inspects equipment, subject to the provisions of this part, that is insured by the company against public liability if the company maintains a service record on the equipment.

(3) When an inspection 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 individual piece of equipment in a building and for issuing a certificate of inspection for the piece of equipment if the certified maintenance or insurance company inspector doing the inspection certifies to the department that all deficient conditions noted in the condition report have been corrected and that followup by the department in that regard is not necessary.

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

Section 2. Section 50-60-701, MCA, is amended to read:

"50-60-701. Inspection of elevators, escalators, dumbwaiters, including dumbwaiters with automatic transfer devices, moving walks, material lifts, wheelchair lifts, and stairway chairlifts -- fees. (1) All elevators, escalators , dumbwaiters, including dumbwaiters with automatic transfer devices, moving walks, material lifts, wheelchair lifts, and stairway chairlifts must be inspected by the department to ensure compliance with the requirements of the state building code. The department shall charge a fee of $100 for inspection of an elevator and $70 for inspection of any other conveyance pursuant to this section.

(2) In lieu of inspection by the department, inspections to 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 equipment subject to the provisions of this part; or

(b) an insurance company representative certified by the department who regularly inspects equipment, subject to the provisions of this part, that is insured by the company against public liability if the company maintains a service record on the equipment.

(3) When an inspection 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 individual piece of equipment in a building and for issuing a certificate of inspection for the piece of equipment if the certified maintenance or insurance company inspector doing the inspection certifies to the department that all deficient conditions noted in the condition report have been corrected and that followup by the department in that regard is not necessary.

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

Section 3. 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 inspection of equipment subject to the provisions of 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 equipment subject to the provisions of this part."

Section 4. Section 50-60-703, MCA, is amended to read:

"50-60-703. When inspection necessary. Equipment that is located in a building or structure that is subject to the provisions of this part and operated by an employee or the public must be inspected by the department."

Section 5. Contingent voidness. [This act] is void if the necessary spending authority and additional 1.5 FTE assumed in the fiscal note are not included in House Bill No. 2.

Section 6. Effective date. [This act] is effective July 1, 1999.

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I hereby certify that the within bill,

HB 0321, originated in the House.

Chief Clerk of the House

Speaker of the House

Signed this	day

of	, .

President of the Senate

Signed this	day

of	, .

HOUSE BILL NO. 321

INTRODUCED BY D. FUCHS, C. SQUIRES

AN ACT REQUIRING THE DEPARTMENT OF COMMERCE TO INSPECT ELEVATORS, ESCALATORS, DUMBWAITERS, INCLUDING DUMBWAITERS WITH AUTOMATIC TRANSFER DEVICES, MOVING WALKS, MATERIAL LIFTS, WHEELCHAIR LIFTS, AND STAIRWAY CHAIRLIFTS TO ENSURE COMPLIANCE WITH THE STATE BUILDING CODE; EXCEPTING PRIVATE RESIDENCES AND FARM AND RANCH OPERATIONS FROM THE REQUIREMENT; AND AMENDING SECTIONS 50-60-701, 50-60-702, AND 50-60-703, MCA; AND PROVIDING AN EFFECTIVE DATE.