PA 09-35—sHB 6324

Public Safety and Security Committee

Planning and Development Committee

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

SUMMARY: This act makes various unrelated changes affecting demolition credentials, explosives, fire marshals, elevator inspection, and manufacturing premises. It requires people engaged in the demolition business to get a Department of Public Safety (DPS) license, instead of a registration. It subjects the license and licensees to the same standards that governed registration, except that license applicants must demonstrate competence by examination or other means. It also requires that license denial and revocation hearings be conducted in accordance with the Uniform Administrative Procedure Act.

EFFECTIVE DATE: October 1, 2009

EXPLOSIVES

The act allows the state fire marshal to approve variations, exemptions, or equivalent or alternative 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 alternative compliance secures the public safety. The act applies to regulations governing the storage, transportation, use, manufacture, sale, and procurement of explosives.

FIRE MARSHALS

By 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 act 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.

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.

ELEVATOR INSPECTION

The act exempts all elevators located in private residences from the DPS 18-month inspection and two-year permit renewal requirements, irrespective of their size, capacity, speed, or rise. Prior law exempted “private residence elevators” as defined in regulations. 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.

Under existing law and the act, exempt elevators are inspected at the owner's request.

MANUFACTURING PREMISES AND THE FIRE SAFETY CODE

The act explicitly 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.

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