130th MAINE LEGISLATURE
FIRST REGULAR SESSION-2021
Legislative Document No. 1168
H.P. 846 House of Representatives, March 22, 2021
An Act To License Operators of Personnel Hoists
Received by the Clerk of the House on March 18, 2021. Referred to the Committee on
Innovation, Development, Economic Advancement and Business pursuant to Joint Rule 308.2
and ordered printed pursuant to Joint Rule 401.
ROBERT B. HUNT
Clerk
Presented by Representative ROBERTS of South Berwick.
Cosponsored by Representatives: BAILEY of Gorham, CUDDY of Winterport.
Printed on recycled paper
 1 Be it enacted by the People of the State of Maine as follows:
2 Sec. 1. 5 MRSA §12004-A, sub-§50 is enacted to read:
3 50.
4 Elevator Advisory Board $35/Day 32 MRSA §15203-A
54 Sec. 2. 10 MRSA §9725, sub-§7, as amended by PL 2013, c. 70, Pt. B, §3, is further
65 amended to read:
7 7. Elevator standards. Elevator standards adopted pursuant to Title 32, section
8 15205‑A 15203-A, subsection 11.
9 Sec. 3. 32 MRSA §15202, sub-§2-A, as enacted by PL 2001, c. 573, Pt. B, §2 and
10 affected by §36, is amended to read:
11 2-A. Chief inspector. "Chief inspector" means an individual in the employ of the
12 State whose duties include the examination and inspection of elevators and tramways and
13 who has been designated as chief inspector by the Commissioner of Professional and
14 Financial Regulation Elevator Advisory Board.
15 Sec. 4. 32 MRSA §15202, sub-§5-B is enacted to read:
16 5-B. Elevator Advisory Board or board. "Elevator Advisory Board" or "board"
17 means the Elevator Advisory Board under section 15203-A.
18 Sec. 5. 32 MRSA §15202, sub-§7-B, as amended by PL 2013, c. 70, Pt. D, §4, is
19 further amended to read:
20 7-B. Licensed private elevator inspector or licensed private elevator and lift
21 inspector. "Licensed private elevator inspector" or "licensed private elevator and lift
22 inspector" means an individual who has been licensed by the director board to inspect
23 elevators pursuant to this chapter and who is not a state employee whose duty is to inspect
24 elevators.
25 Sec. 6. 32 MRSA §15202, sub-§8, as amended by PL 2013, c. 70, Pt. D, §5, is
26 further amended to read:
27 8. Licensed private tramway inspector. "Licensed private tramway inspector"
28 means an individual who has been licensed by the director board to inspect tramways
29 pursuant to this chapter and who is not a state employee whose duty is to inspect tramways.
30 Sec. 7. 32 MRSA §15202, sub-§12-A is enacted to read:
31 12-A. Personnel hoist. "Personnel hoist" means a hoist that moves individuals and
32 material to and from an elevated level, that is not an integral part of a building and that is
33 installed during construction, alteration or demolition operations.
34 Sec. 8. 32 MRSA §15202, sub-§12-B is enacted to read:
35 12-B. Personal hoist operator. "Personnel hoist operator" means an individual who
36 has a license to operate a personnel hoist.
37 Sec. 9. 32 MRSA §15203, first ¶, as amended by PL 2013, c. 70, Pt. D, §6, is
38 further amended to read:
Page 1 - 130LR1189(01)
 1 This chapter may not be construed to prevent the use or sale of elevators in this State
2 that were being used or installed prior to January 1, 1950 and that have been made to
3 conform to the rules of the director board covering existing installations and must be
4 inspected as provided for in this chapter.
5 Sec. 10. 32 MRSA §15203-A is enacted to read:
6 §15203-A. Elevator Advisory Board
7 1. Board administers. The Elevator Advisory Board, as established in Title 5, section
8 12004-A, subsection 50, shall administer this chapter.
9 2. Board membership. The board consists of 10 members as follows:
10 A. The chief inspector;
11 B. One member who is an elevator contractor;
12 C. One member who is a municipal code enforcement officer employed by a
13 municipality;
14 D. One member who represents a liability insurance company licensed to write
15 elevator insurance in the State;
16 E. One member who represents elevator manufacturers;
17 F. One member who represents a trade union of employees involved in the installation,
18 modernization, maintenance and repair of elevators;
19 G. One member who is a licensed private elevator inspector;
20 H. One member who is a licensed private elevator mechanic under this chapter;
21 I. One member who represents building owners; and
22 J. One member who represents the Office of the State Fire Marshal.
23 3. Appointments; terms. The Governor shall make all board appointments for terms
24 of 4 years. Appointments of members must comply with Title 10, section 8009.
25 4. Duties. Board duties include the following:
26 A. Review of regulations;
27 B. Hearing appeals;
28 C. Granting of variances;
29 D. Provision of technical assistance;
30 E. Advising the commissioner and department; and
31 F. Other duties as necessary for oversight of elevator safety.
32 5. Officers. The Governor shall designate one member as the chair of the board. The
33 board shall elect a secretary at its first meeting of each term and the secretary shall serve
34 for the term.
35 6. Quorum. A majority of the board must be present to conduct business.
36 7. Conflicts and duties. Board members shall act specifically in the interest of the
37 public at large. Board members who have a potential conflict of interest shall recuse
Page 2 - 130LR1189(01)
38
1 themselves from the discussion and voting of any business in which the members have a
39
2 private interest.
3 8. Dismissal. Any board member who is absent from 3 consecutive meetings must be
4 dismissed and a new member must be appointed within 60 days.
5 9. Compensation and expenses. Members of the board must be compensated
6 according to the provisions of Title 5, chapter 379.
7 10. Staff support. The commissioner shall provide necessary staffing services to the
8 board as determined appropriate by the commissioner.
9 11. Rule-making authority. The board shall establish guidelines and adopt rules
10 necessary for the proper administration and enforcement of this chapter. Rules adopted
11 pursuant to this subsection are routine technical rules as defined in Title 5, chapter 375,
12 subchapter 2-A. The rules must address, but are not limited to:
13 A. Requirements for the safe and proper construction, installation, alteration, repair,
14 use, operation and inspection of elevators and tramways in this State. The rules must
15 include standards for the review and audit of inspections performed by licensed private
16 elevator inspectors not employed by the State. The rules must conform as nearly as
17 practicable to the established standards as approved by the American National
18 Standards Institute or its successor or other organization approved by the board;
19 B. Requirements for licensure and license renewal of private elevator and lift
20 inspectors, including requirements for examination and continuing education; and
21 C. Requirements for licensure and license renewal of elevator and lift mechanics,
22 including requirements for examination and continuing education.
23 Sec. 11. 32 MRSA §15204, first ¶, as amended by PL 2013, c. 70, Pt. D, §7, is
24 further amended to read:
25 A person aggrieved by an order or act of the chief inspector or a deputy inspector under
26 this chapter may, within 15 days after notice of the order or act, appeal from the order or
27 act to the director board, who shall hold a hearing pursuant to Title 5, chapter 375,
28 subchapter 4. After the hearing, the director board shall issue an appropriate order either
29 approving or disapproving the order or act.
30 Sec. 12. 32 MRSA §15205-A, as enacted by PL 2013, c. 70, Pt. D, §9, is repealed.
31 Sec. 13. 32 MRSA §15206-A, as amended by PL 2013, c. 70, Pt. D, §11, is further
32 amended to read:
33 §15206-A. Denial or refusal to renew license; disciplinary action
34 The director board may deny a license, refuse to renew a license or impose the
35 disciplinary sanctions authorized by Title 10, section 8003, subsection 5‑A 5 for any of the
36 reasons enumerated in Title 10, section 8003, subsection 5‑A, paragraph A therein or in
37 accordance with the rules established by the board.
38 Sec. 14. 32 MRSA §15208, first ¶, as amended by PL 2013, c. 70, Pt. D, §12, is
39 further amended to read:
40 The director board shall set standards necessary for the licensure and renewal of private
41 elevator and lift inspectors. The fee for applications, examinations, licenses and renewals
Page 3 - 130LR1189(01)
42
1 must be established by the director pursuant to section 15225‑A and Title 10, section 8003,
43
2 subsection 2‑A, paragraph D.
3 Sec. 15. 32 MRSA §15208-A, as amended by PL 2013, c. 70, Pt. D, §13, is further
4 amended to read:
5 §15208-A. Registration of elevator contractors
6 Any person, firm, partnership, association, corporation or company engaged in the
7 installation, sale, service, maintenance or inspection of elevators in this State shall register
8 with the director board. The registration must be submitted on a form provided by the
9 director board and must include the names and addresses of all licensed private inspectors,
10 licensed mechanics and all helpers employed by the elevator contractor. An elevator
11 contractor shall notify the director board of any change in the information required under
12 this section within 30 days of the change. The required fee for registration must be set by
13 the director under section 15225‑A.
14 Sec. 16. 32 MRSA §15209, first ¶, as amended by PL 2013, c. 70, Pt. D, §14, is
15 further amended to read:
16 The director board shall license an applicant as a private tramway inspector, who may
17 perform the inspections required on tramways, if that applicant:
18 Sec. 17. 32 MRSA §15209, sub-§1, as amended by PL 2013, c. 70, Pt. D, §15, is
19 further amended to read:
20 1. Registration. Is a professional engineer with a current valid registration in some
21 state. If an applicant for a private tramway inspector's license demonstrates to the director
22 board that the applicant possesses more than 6 years' experience in the construction, design,
23 inspection and operation of tramways, this registration requirement may be waived by the
24 director board;
25 Sec. 18. 32 MRSA §15209-A, as amended by PL 2013, c. 70, Pt. D, §17, is further
26 amended to read:
27 §15209-A. Private wire rope inspectors; licenses
28 The director board may issue a license to an applicant as a private wire rope inspector,
29 who may perform the inspections required for each tramway equipped with wire rope, if
30 that applicant has a total of 5 years' experience in wire rope manufacture, installation,
31 maintenance or inspection and meets the requirements of this chapter and rules adopted by
32 the director board. A private wire rope inspector's license is issued for a period of one year.
33 The license fee must be set by the director under section 15225‑A.
34 Sec. 19. 32 MRSA §15210, as amended by PL 2013, c. 70, Pt. D, §18, is further
35 amended to read:
36 §15210. Revocation of private tramway or elevator inspector's license
37 The director board may revoke a private tramway, elevator or lift inspector's license
38 for the following causes:
39 1. Failure to submit true reports. For failure to submit true reports concerning the
40 conditions of a tramway or elevator or for conduct determined by the director board to be
41 contrary to the best interests of tramway or elevator safety or the director board; and
Page 4 - 130LR1189(01)
 1 2. Physical infirmities. For physical infirmities that develop to a point at which it
2 appears that an inspector is no longer able to perform the required duties in a thorough and
3 safe manner.
4 Sec. 20. 32 MRSA §15211, sub-§1, as amended by PL 2013, c. 70, Pt. D, §19, is
5 further amended to read:
6 1. Reporting accidents. Each elevator or tramway accident that is caused by
7 equipment failure or results in significant injury to a person or results in substantial damage
8 to equipment must be reported by the owner or lessee to the chief inspector in accordance
9 with the director's board's rules.
10 Sec. 21. 32 MRSA §15213, first ¶, as amended by PL 2013, c. 70, Pt. D, §20, is
11 further amended to read:
12 A person may not service, repair, alter or install any elevator unless that person is
13 licensed as an elevator or lift mechanic under this chapter. Elevator work in industrial
14 plants and manufacturing plants may be performed by plant personnel who are not licensed
15 under this chapter if the work is supervised by the plant engineer and performed in
16 compliance with rules adopted by the director board.
17 Sec. 22. 32 MRSA §15214, as amended by PL 2013, c. 70, Pt. D, §21, is further
18 amended to read:
19 §15214. Issuance Mechanic's license issuance; qualifications
20 The director board shall issue an elevator or lift mechanic's license to any applicant
21 who has at least 2 years' experience in the service, repair, alteration or installation of
22 elevators and lifts while employed by an elevator company, or has equivalent experience
23 as defined by rules of the director board, and meets the requirements established pursuant
24 to section 15216.
25 A licensed elevator or lift mechanic may not have more than 2 helpers under direct
26 supervision. These helpers need not be licensed.
27 A licensed elevator or lift mechanic shall comply with the provisions of this chapter
28 and the rules adopted by the director board.
29 Sec. 23. 32 MRSA §15215-A is enacted to read:
30 §15215-A. Personnel hoist operator license issuance; qualifications
31 1. License required. Except as provided under subsection 2, a person may not operate
32 a personnel hoist in this State unless that person holds a valid license issued by the board,
33 if the personnel hoist:
34 A. Is used for the purpose of construction, alteration or demolition; and
35 B. Is used at a site involving work on structures over a specified height, as established
36 in rule, where an outside hoist is used.
37 2. Exceptions. A license to operate a personnel hoist is not required:
38 A. In cases of emergency, during which operation of a personnel hoist without a license
39 may be permitted for a period not exceeding 2 consecutive days, as long as the
40 commissioner is immediately notified. Such periods may be extended by the
Page 5 - 130LR1189(01)
41
1 commissioner when necessary to avoid undue hardship, but no single extension may
42
2 exceed a period of 7 consecutive days;
3 B. To operate automatic operation or continuous pressure operation passenger or
4 freight elevators or existing shipper rope elevators when equipped with proper
5 safeguards, as established by the department in rule, except when an operator remains
6 in permanent charge of such elevators or when a car switch is employed; and
7 C. For elevator inspectors or elevator contractors or mechanics engaged in the
8 construction, maintenance or repair of elevators or elevator hoist ways.
9 3. License issuance. The board shall issue a license to any person under this chapter
10 who:
11 A. Is at least 18 years of age;
12 B. Holds an active, unrestricted driver's license issued by the State;
13 C. Presents to the board a current certification of medical fitness, as described in rule;
14 D. Presents to the board proof of successful completion of a written examination
15 demonstrating competency in the operation of personnel hoists. The examination must
16 incorporate nationally recognized certifications and national guidelines pertaining to
17 the operation of heavy equipment, including guidelines established by the United States
18 Department of Labor and Occupational Health and Safety Administration, as well as
19 standards established by the American National Standards Institute, or its successor
20 organization, or guidelines established by the American Society of Mechanical
21 Engineers, or its successor organization: and
22 E. Presents to the board proof of successful completion of a practical examination on
23 the operation of a personnel hoist. The examination must include a demonstration of
24 knowledge regarding passenger safety.
25 Sec. 24. 32 MRSA §15216, as amended by PL 2013, c. 70, Pt. D, §22, is further
26 amended to read:
27 §15216. Examination of elevator or lift mechanics; applications; licenses; renewals
28 The director board shall set standards necessary for the licensure and renewal of
29 elevator or lift mechanics. The fee for applications, examinations, licenses and renewals
30 must be established by the director pursuant to section 15225‑A and Title 10, section 8003,
31 subsection 2‑A, paragraph D. Licenses are issued for a period of one year.
32 Sec. 25. 32 MRSA §15216-C, as amended by PL 2013, c. 70, Pt. D, §23, is further
33 amended to read:
34 §15216-C. License renewal
35 Any license issued und