HOUSE BILL NO. 4510

April 25, 2019, Introduced by Rep. Farrington and referred to the Committee on Government Operations.

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 regulate the construction, installation, alteration, maintenance, and repair of certain residential lifts; to prescribe the functions of the director of the department of licensing and regulatory affairs; to create, and prescribe the functions of, the elevator safety board; to provide penalties for violations of the act; and to repeal acts and parts of acts,"

by amending sections 2 and 9 (MCL 408.802 and 408.809), as amended by 1980 PA 282.

the people of the state of michigan enact:

Sec. 2. As used in this act:

(a) (1) "Approved" means that which the director designates as acceptable to the department.

(b) (2) "Board" means the elevator safety board created in section 7.

(c) (3) "Department" means the department of labor.licensing and regulatory affairs.

(d) (4) "Director" means the director of labor or his duly designated representative.the department or his or her designee.

(e) (5) "Division" means the elevator safety division of the department.

(f) (6) "Dormant elevator" means an elevator that is still intact and on the premises but the premises are vacated or the equipment is entirely disconnected in an approved manner.

(g) (7) "Repairs" where used herein shall mean only such means only the work as that is necessary to maintain present equipment in a safe and serviceable condition; and to adjust parts; or replace defective, broken, or worn parts , with parts that are made of equivalent material, strength, and design , and where the replacing part performs and that perform the same function as the replaced part.parts.

(h) (8) "Major alteration" means an alteration as defined in the standard . Any person, firm or corporation performing such major alteration shall obtain and for which a permit from the department as outlined in is required under section 15. of this act.

Sec. 9. (1) The director shall enforce the provisions of this act and the rules promulgated by the board pursuant to under this act. and where, owning to

(2) If, because of special conditions, a literal enforcement of the provisions of these rules promulgated under this act will result in unnecessary hardship or involve practical difficulties, the director, upon application in specific cases, may authorize variations or modifications of the terms of these rules which will not be that are not contrary to the public interest, and so observes the spirit of these the rules, shall be observed, secures the public safety, secured, and does substantial justice. done.

(3) Upon application in a specific case, the director shall grant any exceptions or variations from the literal requirements of this act or rules promulgated under this act necessary to authorize the making of an alteration to a safety measure of an elevator if that safety measure was not required at the time of the construction of the elevator or at the time the application is made.

Enacting section 1. This amendatory act takes effect 90 days after the date it is enacted into law.