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09.35.02 - Elevator Safety Review Board - Proposed Regulations

PROPOSED ACTION ON REGULATIONS
MARYLAND REGISTER, VOLUME 46, ISSUE 13,
FRIDAY, JUNE 21, 2019

Title 09 DEPARTMENT OF LABOR, LICENSING, AND REGULATION

Subtitle 25 ELEVATOR SAFETY REVIEW BOARD

09.35.02 - Elevator Safety Review Board

Public Safety Article, §§12-823(4), 12-826, [and] 12-827(c), and 12-834, Annotated Code of Maryland

Notice of Proposed Action
[19-121-P]

The Elevator Safety Review Board proposes to adopt new Regulations .04—.06 under COMAR 09.35.02 Qualifications. This action was considered by the Board at a public meeting held on February 22, 2019, notice of which was published on the Board's website pursuant to General Provisions Article, §3-302(c), Annotated Code of Maryland

Statement of Purpose

The purpose of this action is to provide the licensing requirements for application for a temporary elevator mechanic license and determine who may be considered for a temporary elevator mechanic license, which out-of-State individuals must submit to qualify for a temporary elevator mechanic license, when renewal of a temporary elevator mechanic license is permissible, and when the Board may refuse to renew the temporary license.

Comparison to Federal Standards

There is no corresponding federal standard to this proposed action.

Estimate of Economic Impact

The proposed action has no economic impact.

Economic Impact on Small Businesses

The proposed action has minimal or no economic impact on small businesses.

Impact on Individuals with Disabilities

The proposed action has no impact on individuals with disabilities.

Opportunity for Public Comment

Comments may be sent to Robin Bailey, Executive Director, Mechanical Boards, Department of Labor, Licensing, and Regulation, 500 N. Calvert Street, Baltimore, MD 21202, or call 410-230-6160, or email to robin.bailey@maryland.gov, or fax to 410-244-0977. Comments will be accepted through July 22, 2019. A public hearing has not been scheduled.

Open Meeting

Final action on the proposal will be considered by the Elevator Safety Review Board during a public meeting to be held on August 23, 2019, at 10 a.m., at 500 N. Calvert Street, Baltimore, MD 21202.

.04 Application for a Temporary Elevator Mechanic License.
  A. A temporary elevator mechanic license may be issued by the Board upon receipt of the following:
    (1) An application on a form provided by the Board from a licensed elevator contractor that includes:
      (a) A statement from a licensed elevator contractor that a licensed elevator mechanic is not available to perform construction, maintenance, or service and repair of elevators due to a labor shortage; and
      (b) A certification by the licensed elevator contractor that the individual to receive the temporary license possesses sufficient documented education and experience to perform as an elevator mechanic without direct and immediate supervision;
    (2) An application on a form provided by the Board from an applicant seeking a temporary mechanic license; and
    (3) A nonrefundable temporary mechanic license fee as established under COMAR 09.35.01.01.
  B. A temporary elevator mechanic license is valid for 30 days from the date of issuance.
  C. The Board may deny a request from a licensed elevator contractor who does not hold a license in good standing or who is the subject of an active or pending complaint.

.05 Qualifications for a Temporary Elevator Mechanic License.
  A. The following individuals may be considered for a temporary elevator mechanic license:
  (1) An individual who has a minimum of 3 years of acceptable work experience in the elevator industry performing construction, maintenance, service, or repair of elevators and is a second year apprentice enrolled in an approved apprenticeship and training program;
    (2) An individual who has a minimum of 5 years of acceptable work experience in the elevator industry performing construction, maintenance, service, or repair of elevators under a licensed elevator mechanic; and
    (3) An individual who has a minimum of 3 years of acceptable work experience in the elevator industry performing construction, maintenance, service, or repair of elevators and holds a license in good standing with no violations in any other state.
  B. All qualifying education and experience shall be documented by the licensed elevator contractor on an application provided by the Board.
  C. Out-of-State individuals shall submit a letter of good standing from the state of licensure in addition to the required application.

.06 Renewal of Temporary Elevator Mechanic License.
  A. The Board may renew a temporary elevator mechanic license for additional 30 day periods as long as a licensed elevator mechanic is unavailable and the holder of the temporary license remains an employee of the certifying licensed elevator contractor.
  B. To renew the temporary elevator mechanic license, the licensed elevator contractor shall submit the following:
    (1) A written notification to the Board that a shortage of license elevator mechanics continues;
    (2) A completed renewal application on a form the Board provides; and
    (3) A nonrefundable renewal fee pursuant to COMAR 09.35.01.01.
  C. The Board may refuse to renew the temporary license of a temporary licensee if the Board determines that the individual has had an adequate opportunity to obtain licensure under Public Safety Article, §12-827, Annotated Code of Maryland.

ED M. HORD
Chair