HOUSE BILL No. 6041

 

November 27, 2012, Introduced by Rep. McCann and referred to the Committee on Regulatory Reform.

 

     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 8 (MCL 408.808), as amended by 1980 PA 282.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 8. (1) The board shall have has the following powers and

 

duties:

 

     (a) To promulgate rules for the inspection, design,

 

construction, installation, alteration, maintenance, and use of

 

elevators in this state pursuant to Act No. 306 of the Public Acts

 

of 1969, as amended, being sections 24.201 to 24.315 of the

 

Michigan Compiled Laws.under the administrative procedures act of

 


1969, 1969 PA 306, MCL 24.201 to 24.328.

 

     (b) To prepare examinations, interview applicants to determine

 

their qualifications, examine qualified applicants for elevator

 

contractor licenses or certificates of competency, and certify to

 

the director the names of persons individuals who successfully pass

 

the examination given by the board.

 

     (c) When submitted by the director, to grant exceptions or

 

variations from the literal requirements of this act or rules

 

promulgated by the board when it is clearly evident that exceptions

 

or variations are necessary to prevent undue hardship or when

 

existing conditions prevent compliance with the literal

 

requirements, if the board believes reasonable safety will be

 

secured by granting the exception or variation.

 

     (d) To hear and decide appeals referred to the board by the

 

director when requested to do so by a person , firm, or corporation

 

aggrieved by an order or act of the department, or its authorized

 

representatives, and to adopt rules of procedure for appeals.

 

     (e) To conduct hearings to determine whether an elevator

 

contractor license or certificate of competency or commission

 

should be suspended or revoked and to make recommendation to the

 

director.

 

     (2) The board, with the advice of the director, shall

 

promulgate rules pursuant to Act No. 306 of the Public Acts of

 

1969, as amended, being sections 24.201 to 24.315 of the Michigan

 

Compiled Laws, under the administrative procedures act of 1969,

 

1969 PA 306, MCL 24.201 to 24.328, to establish the fee schedules

 

for licenses, permits, certificates, and inspections. The fees

 


shall reflect the actual costs and expenses for the department of

 

labor licensing and regulatory affairs in issuing licenses,

 

permits, certificates, and conducting inspections. The fees

 

currently established by the board shall be in effect until the

 

board promulgates rules to establish the fee schedules.

 

     (3) The business which the elevator safety board may perform

 

shall be conducted at a public meeting of the board held in

 

compliance with Act No. 267 of the Public Acts of 1976, as amended,

 

being sections 15.261 to 15.275 of the Michigan Compiled Laws.

 

board shall conduct its business at public meetings of the board

 

that are held in compliance with the open meetings act, 1976 PA

 

267, MCL 15.231 to 15.246. Public notice of the time, date, and

 

place of the meeting shall be given in the manner required by Act

 

No. 267 of the Public Acts of 1976, as amended.under that act.

 

     (4) Special meetings of the board may be called by the

 

chairperson or if requested in writing by at least 3 members of the

 

board.