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.
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, including dumbwaiters with
automatic transfer devices, moving walks, material lifts, wheelchair lifts, and stairway chairlifts -- 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 chairlifts 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 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 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 subject to the provisions of this part; or
(b) an insurance company representative certified by the department who regularly inspects an elevator or escalator
equipment, subject to the provisions of this part, that is insured by the company against public liability and who if the
company maintains a service record of the elevator or escalator on the 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 to farm and ranch operations."
Section 2. Section 50-60-701, MCA, is amended to read:
"50-60-701. Inspection of passenger elevators, and escalators, dumbwaiters, including dumbwaiters with
automatic transfer devices, moving walks, material lifts, wheelchair lifts, and stairway chairlifts -- 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 chairlifts 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 for the inspections that may not exceed the expense of providing the inspection 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 of passenger elevators and escalators 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 subject to the provisions of this part; or
(b) an insurance company representative certified by the department who regularly inspects an elevator or escalator
equipment, subject to the provisions of this part, that is insured by the company against public liability and who if the
company maintains a service record of the elevator or escalator on the 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 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 passenger elevator and escalator inspections that assure 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 passenger elevators and escalators pursuant to 50-60-701 equipment subject to the provisions of this part."
Section 4. 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 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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Latest Version of HB 321 (HB0321.ENR)
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