SESSION OF 2022
SUPPLEMENTAL NOTE ON SENATE BILL NO. 181
As Amended by House Committee on Federal
and State Affairs

Brief*
SB 181, as amended, would create the Elevator Safety
Act (Act) (Section 1). The Act would establish requirements
for licensure of elevator contractors, mechanics, and
inspectors; require elevators to be certified as having been
annually inspected; establish the Elevator Safety Advisory
Board (Board); assign duties of implementation and
administration of the Act to the State Fire Marshal; establish
fees for licensure; establish penalties for violation of the Act;
and establish the Elevator Safety Fee Fund.

Definitions (Section 2)
The bill would define an “elevator” to mean any device
for lifting or moving people, cargo, or freight within, or
adjacent and connected to, a structure or excavation,
including, but not limited to, an escalator, power-driven
stairway, moving walkway, or stairway chair lift.
The term “elevator” would not mean any:
● Amusement ride or other device subject to the
Kansas Amusement Ride Act;
● Mining equipment;
● Aircraft, railroad car, boat, barge, ship, truck, or
other self-propelled vehicle or component thereof;
____________________
*Supplemental notes are prepared by the Legislative Research
Department and do not express legislative intent. The supplemental
note and fiscal note for this bill may be accessed on the Internet at
http://www.kslegislature.org
 ● Dumbwaiter, conveyor, chain or bucket hoist, or
construction hoist or similar device used for the
primary purpose of elevating or lowering materials;
● Boiler grate stoker or other similar firing
mechanism subject to the Boiler Safety Act; or
● Lift, manlift, belt manlift, chain hoists, climb assists,
special purpose personnel elevator, automated
people mover or similar device in wind turbine
towers, grain elevators, grain warehouses, seed
processing facilities, grain processing facilities,
biofuel processing facilities, feed mills, flour mills,
or any similar pet food, feed, or agricultural
commodity processing facilities.
The bill would also define “Board,” “elevator apprentice,”
“elevator contractor,” “elevator inspector,” “elevator
mechanic,” and “licensee.”

Scope of the Act (Section 3)
The provisions of the Act would apply to the design,
construction, installation, operation, inspection, testing,
maintenance, alteration, and repair of elevators.
The provisions of the Act would not apply to elevators
that are:
● In or adjacent to a building or excavation owned by
or under the operational control of any federal
agency;
● Located on federal property;
● Located on any federally recognized native
American Indian tribe;
● In a single family residence; or

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 ● In or adjacent to a building or structure within a
manufacturing, utility or other industrial facility.
The bill would require the owners of elevators that would
be subject to the provisions of the Act to request and receive
inspection by a licensed elevator inspector upon payment of
the inspection fee.
The bill would state nothing in the Act would be
construed to relieve or lessen the responsibility or liability, or
assumption of responsibility or liability, of any individual, firm,
or corporation owning, operating, controlling, maintaining,
erecting, constructing, installing, altering, inspecting, testing,
or repairing any elevator for damages to a person or property
caused by any defect in the elevator.

Licensure Required (Section 5)
The bill would require an individual to be a licensed
elevator mechanic working under the direct supervision of a
licensed elevator contractor in order to erect, construct, alter,
replace, maintain, remove or dismantle any elevator
contained within a building or other structure, or to wire any
elevator from the mainline feeder terminals on the controller.
The bill would not require an elevator mechanic’s license
or elevator contractor’s license to remove or dismantle an
elevator destroyed in a complete demolition of a secured
building or structure, or where the hoistway or wellway is
demolished back to the basic support structure, thereby
preventing access that could endanger the safety of a person.
The bill would require an individual to be a licensed
elevator inspector in order to inspect any elevator within a
building or other structure, including private residences. This
requirement would not apply to any individual employed as an
elevator inspector by a city or county who performs
inspections only while engaged in the performance of the
individual’s duties as an employee of a city or county.
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 The bill would prohibit any entity from erecting, altering,
repairing, maintaining, removing, dismantling, or operating
any elevator in violation of the Act or the rules and regulations
adopted pursuant to the Act.
The bill would require all elevators to conform to the
rules and regulations adopted pursuant to the Act. The bill
would require elevators, if any material alteration was made,
to conform to applicable requirements of the code. The bill
would specify the Act could not be construed to prevent the
use, sale, or reinstallation elevators installed prior to the
effective date of the bill if they have been made to conform to
any applicable rules and regulations and have not been found
to be in an unsafe condition or in violation of the Act or rules
and regulations upon inspection.

Elevator Safety Advisory Board (Section 6)
The bill would establish the Board, consisting of 11
members for the purpose of advising the State Fire Marshal
and making recommendations regarding rules and
regulations necessary for the Act.
The Board would consist of one member appointed by
the President of the Senate, one member appointed by the
Speaker of the House of Representatives, the State Fire
Marshal or designee (ex officio), the Secretary of
Administration or designee (ex officio), and the following
seven members as appointed by the governor:
● One representative from a major elevator
manufacturing company;
● One representative from an elevator servicing
company;
● One representative of the architectural design or
elevator-consulting profession;

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 ● One representative of a city or county in Kansas;
● One representative of a building owner or building
manager;
● One representative of labor involved in the
installation, maintenance, and repair of elevators;
and
● One representative from the general public.
Board members would be required to be Kansas
residents, serve three-year terms, and meet at least six times
each year at a time and place fixed by the State Fire Marshal
to review rules and regulations adopted pursuant to the Act
and conduct other business. Members would generally serve
without compensation, although members who are not state
officers or employees attending meetings of such committee
or authorized subcommittee would be paid subsistence and
mileage allowances as provided in continuing law.
Vacancies on the Board would be filled using the
appointment procedures described above.
The members of the Board would be required to elect
one member to serve as chairperson.

Licensure of Contractors, Inspectors, and Mechanics
(Sections 7-9)
The bill would authorize the State Fire Marshal to
prescribe the form and manner of license applications and to
issue licenses, valid for a period of two years, to elevator
contractors, elevator mechanics, and elevator inspectors. The
bill would exempt elevator apprentices from licensure
requirements.


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Elevator Contractors
The bill would require an elevator contractor to apply for
a license, which would require the payment of an application
or renewal fee not to exceed $500, and demonstrate
employment of a licensed elevator mechanic to perform work
covered by the provisions of the Act. The bill would also
require elevator contractors provide proof of general liability
insurance coverage of at least $1.0 million for injury or death
of persons, at least $500,000 for property damage, and
workers’ compensation coverage required by state law. The
bill would require any material alteration or cancellation of
such insurance policies to be reported to the State Fire
Marshal within 10 days.
An elevator contractor’s license would be issued to
applicants holding a valid license from a state with standards
substantial equal to those of the Act and applicable rules and
regulations.
Elevator Inspectors
The bill would require an individual engaged in the
business of inspecting elevators to apply for an elevator
inspector’s license, which would require the payment of an
application or renewal fee not to exceed $250. The bill would
also require proof of general liability insurance coverage of at
least $1.0 million for injury or death of persons, at least
$500,000 for property damage, and workers’ compensation
coverage required by state law. Any material alteration or
cancellation of such insurance policies would be required to
be reported to the State Fire Marshal within 10 days.
Elevator Mechanics
The bill would require an individual engaging in
installing, altering, repairing, or servicing of elevators to apply
for an elevator mechanic’s license. The application or renewal

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fee for an elevator mechanic license could not exceed $150
and would not include an insurance coverage requirement.
The bill would require issuance of an elevator mechanic
license to an applicant:
● Holding a certificate of completion from:
○ The National Association of Elevator
Contractors Certified Elevator Technician
Certification Program;
○ The National Elevator Industry Education
Apprenticeship Program; or
○ Another equivalent nationally approved
apprenticeship program; or
● Holding a valid out-of-state elevator mechanic
license from a state having standards substantially
equal to those of the Act; or
● Demonstrating within the first year following
enactment of the Act that the applicant has worked
as an elevator mechanic without supervision for at
least 8,000 hours within the prior six years.
The bill would authorize the State Fire Marshal to issue
emergency elevator mechanic’s licenses as necessary when
an emergency exists due to a disaster, an act of God, or work
stoppage, and the State Fire Marshal determines an
insufficient number of licenses exists to cope with the
emergency. Applicants for emergency licensure would be
required to furnish proof of competency, as required by rules
and regulations adopted pursuant to the Act.
The bill would require elevator contractors to notify the
State Fire Marshal when there are no licensed elevator
mechanics available and would allow the contractors to
request the State Fire Marshal issue temporary licenses to
individuals certified by the contractor to have an acceptable
combination of experience and education to perform such
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work without the direct and immediate supervision of a
licensed elevator mechanic. The bill would allow any
individual so certified by an elevator contractor to apply for a
temporary license. The State Fire Marshal would be able to
issue a temporary license upon a finding of the requirements
for such temporary licenses have been met and upon
payment of a fee not to exceed $50.

License Denial and Penalties (Sections 10-13)
The bill would authorize the State Fire Marshal to deny
an application or suspend or revoke a license upon a finding
that one or more of the following has been committed by the
applicant or licensee:
● A willfully false statement or willful omission has
been made to a material matter (relevant fact that if
known could constitute a basis for denial of the
application) in the licensure process;
● Fraud, misrepresentation, or bribery in securing a
license;
● Failure to notify the State Fire Marshal when the
applicant or licensee knows or reasonably should
have known of an elevator being operated in the
state that is not in compliance with the Act;
● Failure to maintain any requirement or failure to
notify the State Fire Marshal of any alteration or
change to a requirement that is necessary to obtain
or renew a license, such as insurance
requirements; or
● Any violation of the Act.
The State Fire Marshal would be able to suspend or
revoke a license upon finding of facts and circumstances
making revocation necessary to protect the safety of the
public, including but not limited to, competence, ability, or
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fitness of the applicant, and would be able to suspend an
elevator inspector license upon finding the licensed elevator
inspector has performed duties incompetently, demonstrated
untrustworthiness, falsified information in an application or
report, or failed to properly report the findings of an
inspection. The bill would establish that suspension or
revocation of a license would be effective upon receipt of
notice by the licensee or their employer.
The State Fire Marshal would be able to issue
emergency orders, including, but not limited to, immediate
suspensions or revocations of licenses, as provided by the
Kansas Administrative Procedure Act (KAPA).
The bill would, except as otherwise provided in the Act
or in emergency situations, state no license shall be
suspended or revoked until after a written order issued by the
State Fire Marshal has been served to the licensee. The
written order would state the violation, penalty to be imposed,
and the right of the person to request a hearing under KAPA.
The State Fire Marshal would be able to impose a civil
penalty of up to $1,000 per day on owners, lessees, or
operators of elevators or structures where elevators are
located that are in violation of the Act, with regard to the
unlawful construction, installation, maintenance, inspection,
or operation of an elevator. The penalty would be in addition
to any other penalty provided by law.
The State Fire Marshal would be able to impose a civil
penalty of up to $1,000 per violation upon finding a licensee
has violated the Act, knowingly permitted a violation, or
negligently failed to detect, report, or correct a violation of any
provision of the Act. The penalty would be in addition to any
other penalty provided by law.
To impose a civil penalty, the bill would require the State
Fire Marshal to provide a person with a written order stating
the violation, the penalty to be imposed, and the right of the
person to request a hearing.
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 The bill would require all fines assessed and collected
through civil penalties to be remitted to the State Treasurer
and deposited in the Elevator Safety Fee Fund, as created by
the bill.
The bill would allow any party aggrieved by an order
issued by the State Fire Marshal pursuant to the Act to
request a hearing on such order within 15 days by filing a
written request with the State Fire Marshal, but such request
would not abate or stay any emergency order to cease and
desist or stop work, unless so stated by the order. The KAPA
would govern such administrative proceeding and judicial
review and civil enforcement would be in accordance with the
Kansas Judicial Review Act.
The bill would state licensees are responsible for
ensuring the design, construction, installation, operation,
inspection, testing, maintenance, alteration, and repair of an
elevator is in compliance with the State Safety and Fire
Prevention Act.

Elevator Permitting and Compliance (Sections 14-15)
The bill would require a valid permit to be issued by the
State Fire Marshal prior to the commencement of any work
on any elevator erected, constructed, installed, or altered.
The permit would be issued only to a licensed elevator
contractor, who would apply for a permit in a form and
manner prescribed by the State Fire Marshal and pay a
permit fee not to exceed $400. The bill would require a copy
of the permit to be kept at the construction site at all times
while work is in progress. The bill would state work could not
be performed on an elevator if the Fire Marshal has issued a
stop work order, notwithstanding the issuance of a permit.


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 The State Fire Marshal would be able to revoke a permit
for the following reasons:
● Any false information in the permit application or
related plans or specifications;
● The permit was issued in error under the provisions
of the Act;
● The permitted work is not being performed in
accordance with the provisions of the application,
related plans or specifications, or code; or
● The licensed elevator contractor fails or refuses to
comply with a stop work order issued by the State