OHIO LEGISLATIVE SERVICE COMMISSION
Office of Research Legislative Budget
www.lsc.ohio.gov and Drafting Office
H.B. 107 Bill Analysis
134th General Assembly
Click here for H.B. 107’s Fiscal Note
Version: As Reported by Senate General Government Budget
Primary Sponsor: Rep. Baldridge
Effective Date:
Kelly Bomba, Attorney
SUMMARY
Requires, beginning one year after the bill’s effective date, elevator mechanics and
elevator contractors to obtain a license from the Division of Industrial Compliance.
Grants the Division rule-making authority with regard to the elevator mechanic and
contractor licensing process.
Requires elevator contractors to maintain minimum levels of insurance coverage.
Requires elevator mechanics to meet initial licensure requirements and to complete
continuing education.
Creates the Elevator Safety Review Board (ESRB) within the Division.
Grants the ESRB disciplinary authority over elevator mechanics and elevator
contractors.
Eliminates, ten years from the bill’s effective date, the bill’s elevator contractor and
mechanic licensure provisions.
Exempts elevators in private residences from the law’s inspection requirements.
TABLE OF CONTENTS
Regulation of conveyance services ................................................................................................. 2
Conveyance services requiring a license ..................................................................................... 3
The licensing process................................................................................................................... 3
Licensing qualifications ............................................................................................................... 4
Elevator mechanics................................................................................................................. 4
Elevator contractors ............................................................................................................... 5
License term ........................................................................................................................... 6
December 7, 2022
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License renewals ......................................................................................................................... 6
Continuing education .................................................................................................................. 6
Temporary continuing education waiver ............................................................................... 7
Continuing education providers ............................................................................................. 7
Emergency licenses ..................................................................................................................... 7
Licensee shortage ........................................................................................................................ 8
Authority and responsibility of the Superintendent of Industrial Compliance .......................... 8
Fees.............................................................................................................................................. 9
Standard of care for licensees ..................................................................................................... 9
Excluded equipment.................................................................................................................... 9
The Elevator Safety Review Board ................................................................................................ 10
Disciplinary actions .................................................................................................................... 10
Penalties .................................................................................................................................... 11
ESRB – membership and structure............................................................................................ 11
Elevator inspections ...................................................................................................................... 12
New exemption for private residences ..................................................................................... 12
New generally applicable testing requirement ......................................................................... 13
Standards referenced in the bill ................................................................................................... 13
General Assembly’s intent ............................................................................................................ 13
DETAILED ANALYSIS
Regulation of conveyance services
The bill enacts a new chapter of Ohio law, Chapter 4785 of the Revised Code. The new
chapter regulates individuals and entities performing construction, testing, maintenance,
alteration, and repair of the following equipment, associated parts, and hoistways, which the
bill defines as “conveyances”:
Hoisting and lowering mechanisms equipped with a car or platform that moves between
two or more landings, including elevators and platform lifts;
Power-driven stairways and walkways for carrying individuals between landings,
including escalators and moving walks;
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 dumbwaiters, material lifts, and dumbwaiters with automatic
transfer devices;
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Automatic guided transit vehicles on guideways with an exclusive right-of-way, including
automated people movers.1
The bill also specifically excludes a range of equipment from the new chapter’s
requirements as described below under “Excluded equipment.”
Conveyance services requiring a license
With two exceptions, beginning one year after the bill’s effective date no individual can
provide conveyance services, or wiring any conveyance from the mainline feeder terminals on
the controller, in buildings or structures unless the individual is a licensed elevator mechanic
who is either working for, or the owner or a member of, a business entity that holds an elevator
contractor’s license. “Conveyance services” means erecting, constructing, installing, altering,
servicing, repairing, dismantling, removing, or maintaining a conveyance.
An “elevator contractor” is any business entity, though that entity may be a sole
proprietorship, that has been issued an elevator contractor’s license under the bill and that is
engaged in the business of providing conveyance services. An “elevator mechanic” is an
individual who has been issued an elevator mechanic’s license, authorizing the individual to
provide conveyance services and perform electrical work on conveyances, by the Division of
Industrial Compliance in the Department of Commerce. If an individual obtains an elevator
mechanic’s license, no other license is required to wire a conveyance.2
As noted above, there are two exceptions to the licensing requirement for conveyance
services. The first is that an individual or entity providing conveyance services, including the
wiring of a conveyance, exclusively in private residences is not required to obtain a license
under the bill.3
The second exception applies to the dismantling of a conveyance. Dismantling is
included in the definition of “conveyance services,” so that process typically requires a license.
But, under the bill, the licensing requirement does not apply to a conveyance that is to be
destroyed as the 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.4
The licensing process
The bill requires entities and individuals wishing to provide conveyance services to apply
for an elevator contractor’s or elevator mechanic’s license. An applicant applies with the
Division on a form provided by the Division. An application must contain all of the following:
1 R.C. 4785.01(A) and 4785.02(A).
2 R.C. 4785.01 and 4785.03(A) and (B); Section 3.
3 R.C. 4785.03(C).
4 R.C. 4785.01(A) and 4785.03(D).
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Contact information:
If the applicant is an individual or sole proprietor, the applicant’s name, residence
address, and business address;
If the applicant is a partnership, each partner’s name, residence address, and
business address;
If the applicant is a domestic corporation, the corporation’s name and business
address and the principal officer’s name and residence address;
If the applicant is a corporation other than a domestic corporation, the name and
address of an agent located in Ohio who is authorized to accept service of process
and official notices;
The number of years the applicant has engaged in the conveyance services business;
If the applicant is applying for an elevator contractor’s license, both of the following:
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;
Satisfactory evidence that the applicant and all employees are, or will be, covered by
general liability, personal injury, and property damage insurance;
A description of the criminal convictions and guilty pleas of the applicants and each
employee, if any, as verified by a criminal records check;
Any other information that the Division considers appropriate.5
Licensing qualifications
Elevator mechanics
The Division may issue an elevator mechanic’s license only if the applicant demonstrates
one of the following:
An acceptable combination of documented experience and education credits (see
COMMENT), as follows:
At least three years of work experience in the elevator industry (construction,
maintenance, service, repair, or any combination of these) as verified by current and
previous employers licensed to do business in Ohio;
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;
5 R.C. 4785.04(A) through (C).
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Acceptable proof that the applicant has worked as an elevator construction,
maintenance, or repair person, without direct and immediate supervision, for an
elevator contractor authorized to do business in Ohio for a period of not less than three
years immediately before the bill’s effective date, provided that the applicant applies for
a license within one year after the bill’s effective date;
A certificate of completion or other evidence of having successfully passed the
mechanic’s 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;
A certificate of completion of an apprenticeship program for elevator mechanics that
has standards substantially equal to the bill’s and that is registered with the U.S.
Department of Labor’s Bureau of Apprenticeship and Training or a state apprenticeship
council;
A valid license from a state having standards substantially equal to those of the bill, on
application and without examination.6
In addition to those requirements, the bill establishes several disqualifying factors that
require the Division to deny an elevator mechanic’s license. Those are:
Conviction of or plea of guilty or no contest to a disqualifying offense designated by the
Superintendent of Industrial Compliance, provided the Division has applied the multi-
factored process that continuing law requires other licensing authorities to apply before
disqualifying an applicant based on a criminal offense;
Violation of any provision in the bill’s new licensing law or any rule adopted pursuant to
it;
Demonstrated incompetence or untrustworthiness;
Fraud, misrepresentation, or deception in the conduct of business;
Fraud, deception, or misrepresentation in efforts to obtain or renew a license;
Fraud or misrepresentation by an applicant in obtaining or attempting to obtain an
order, ruling, or authorization from the Division.7
Elevator contractors
With respect to an elevator contractor’s license, as opposed to an elevator mechanic’s
license, the Division may issue a license to a business entity if the applicant employs a licensed
elevator mechanic and presents proof of compliance with the bill’s insurance requirements. An
applicant must submit proof of insurance coverage that, at the least, provides $1 million for
6 R.C. 4785.04(D) and (G).
7 R.C. 4785.04(E) and 4785.08(A)(2), and R.C. 9.79, not in the bill.
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injury or death of any number or people involved in any one occurrence, $500,000 for property
damage in any one occurrence, and workers’ compensation insurance coverage. Proof of
insurance must be provided at the time of the license’s issuance or renewal, and if any required
policy is materially altered or canceled, the bill requires notice to the Division ten days before
the change.8
Because an elevator contractor license applicant is required to employ a licensed
elevator mechanic, elevator mechanic’s licenses likely will be issued before contractor licenses.
But, the bill allows the Division to issue an elevator contractor’s license to an applicant that
holds a valid license from a state with standards that are substantially equal to those in the bill.
License term
Licenses issued pursuant to the bill are valid for two years and may be renewed.9
License renewals
The Division may renew a license if the licensee applies for renewal on a form
prescribed by the Division and pays the license renewal fee established by the Division. An
applicant who is an elevator mechanic also must submit evidence that the applicant has
completed the required continuing education coursework. For a contractor’s license, proof that
the applicant maintains the necessary insurance is required.10
If a licensee demonstrates incompetence or untrustworthiness or commits an offense or
violation described above under “Licensing qualifications,” the Division cannot renew
the license.11
Continuing education
The bill requires elevator mechanics to complete continuing education. The continuing
education must instruct mechanics on Division rules and standards, consist of not less than
eight hours of instruction, and be taught by instructors approved by the Division. An elevator
mechanic must attend and complete the courses within one year immediately preceding the
scheduled date for license renewal.12
A continuing education instructor who is a licensee is exempt from the continuing
education requirement if the licensee was qualified as an instructor at any time during the year
immediately preceding the scheduled date for the license renewal.13
8 R.C. 4785.04(F) and 4785.07.
9 R.C. 4785.04(H).
10 R.C. 4785.041(A).
11 R.C. 4785.041(F).
12 R.C. 4785.041(A)(3) and (B).
13 R.C. 4785.041(C).
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