SB-0245, As Passed House, May 18, 2011SB-0245, As Passed Senate, April 12, 2011

SUBSTITUTE FOR

SENATE BILL NO. 245

     A bill to amend 1967 PA 227, entitled

"An act to regulate the inspection, construction, installation,

alteration, maintenance, repair and operation of elevators and the

licensing of elevator contractors; to prescribe the functions of

the director of labor; to create, and prescribe the functions of,

the elevator safety board; to provide penalties for violations of

the act; and to repeal certain acts and parts of acts,"

by amending section 6 (MCL 408.806).

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

     Sec. 6. (1) An elevator shall be constructed, equipped,

maintained, repaired, and used with respect to the supporting

members, car or platform, hoistways, guides, cables, doors and

gates, safety stops and mechanisms, electrical apparatus and

wiring, mechanical apparatus, counterweights, and all other

appurtenances in accordance with the American standard safety code

for elevators, dumbwaiters, escalators and moving walks, A 17.1-

1965, and subsequent editions and amendments if adopted by rule of

the board, and with rules made adopted by the board. In case of

conflict between the rules and the standard, the rules shall apply.

     (2) The construction standards that apply to a private

residential incline elevator apply to an incline elevator for the

exclusive use of members of a homeowners association and their

guests in accessing the shoreline of a Great Lake or connecting

waterway. A homeowners association shall maintain at least

$1,000,000.00 of insurance coverage against liability arising from

construction or use of an incline elevator constructed according to

the standards that apply to a private residential incline elevator.

     (3) As used in subsection (2), "homeowners association" means

an incorporated organization of the owners or lessees of not more

than 20 residential dwellings.