AN ACT CONCERNING THE INSPECTION OF ELEVATORS, THE AUTHORITY OF THE STATE AND LOCAL FIRE MARSHALS, THE REGULATION OF EXPLOSIVES AND OTHER TECHNICAL CHANGES.

AN ACT CONCERNING THE INSPECTION OF ELEVATORS, THE AUTHORITY OF THE STATE AND LOCAL FIRE MARSHALS, THE REGULATION OF EXPLOSIVES AND OTHER TECHNICAL CHANGES.

This bill makes various unrelated changes affecting demolition registration certificates, explosives, fire marshals, elevator inspection, and manufacturing premises.

The bill prohibits the Department of Public Safety (DPS) from suspending a demolition registration certificate without a hearing opportunity, as is currently required for revocations. And it eliminates the opportunity for a hearing when DPS refuses to issue or renew a certificate. By law, the department may revoke, suspend, or refuse to issue a certificate for cause. It may refuse to renew a certificate for failure to comply with pertinent laws or regulations.

The bill also requires that a person demonstrate competence by examination or other means in order to get a certificate.

The bill allows the state fire marshal to approve variations, exemptions, or equivalent or alternate compliance with regard to certain regulations governing explosives if he determines that (1) strict compliance is unwarranted or would entail practical difficulty or unnecessary hardship and (2) the variation, exemption, or alternate compliance secures the public safety. The bill applies to regulations governing the storage, transportation, use, manufacture, sale, and procurement of explosives.

Under current law, deputy fire marshals must serve under the direction of local fire marshals, fire inspectors, and other fire investigators when enforcing the State Fire Safety Code and pertinent statutes. The bill conforms the law to practice by authorizing the deputy fire marshal or acting fire marshal to assume the authority granted to local fire marshals in cases where a local fire marshal has not been appointed under the law.

By law, the appointing authority may appoint a certified deputy fire marshal to act as fire marshal for up to 180 days upon the death, disability, dismissal, retirement or revocation of certification of the local fire marshal, and in the absence of an existing deputy fire marshal.

The bill exempts all elevators located in private residences, instead of “private residence elevators” as defined in regulations, from the DPS 18-month inspection schedule and two-year permit renewal requirements, irrespective of their size. The regulations define “private residence elevators” as any power passenger elevator of limited size, capacity, rise, and speed installed in a private residence or a “multiple dwelling. ” Thus, under current law, elevators that do not meet the definition are subject to the inspection schedule even if they are in private residences.

Under current law and the bill, exempt elevators are inspected at the owner's request.

The bill subjects manufacturing premises to the State Fire Safety Code. Public Act 08-65 implicitly subjected them to the code by authorizing local fire marshals to inspect them for code compliance.

Yea

Nay

(02/17/2009)