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Regular Session, 2014
HOUSE BILL NO. 875
BY REPRESENTATIVE WILLMOTT
COMMERCIAL REGULATIONS: Provides for the regulation and inspection of elevators
and other mechanisms
AN ACT1
To amend and reenact R.S. 40:1576, 1578.1(A)(9) and (10) and (B), and 1578.2 and to enact2
R.S. 40:1578.1(A)(11) and (12) and Subpart A-2, Part III of Chapter 7 of Title 40 of3
the Louisiana Revised Statutes of 1950, to be comprised of R.S. 40:1597.1 through4
1597.23, relative to elevators and conveyance devices; to provide for the scope of5
regulation of the law; to provide for definitions; to provide for the registration of6
elevator and conveyance devices; to provide for the issuance of inspector licenses;7
to provide for violations, fines, and administrative actions; to require the office of the8
state fire marshal to promulgate administrative rules; to require compliance with9
certain codes; to require registrations and inspections for conveyances; to provide for10
inspections; to provide for enforcement; to create a fund; to provide relative to11
liability; to provide relative to the applicability of the law; and to provide for related12
matters.13
Be it enacted by the Legislature of Louisiana:14
Section 1. R.S. 40:1576, 1578.1(A)(9) and (10) and (B), and 1578.2 are hereby15
amended and reenacted and R.S. 40:1578.1(A)(11) and (12) and Subpart A-2, Part III of16
Chapter 7 of Title 40 of the Louisiana Revised Statutes of 1950, to be comprised of R.S.17
40:1597.1 through 1597.23, are hereby enacted to read as follows:18
§1576. Service of order19
Any order for removal or remedying issued pursuant to R.S. 40:1575 or an20
order to place a conveyance device, as defined by R.S. 40:1662, out of service may21 HLS 14RS-264 ORIGINAL
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be served upon the occupant of the premises to which it is directed by delivering a1
copy to the occupant personally or by registered or certified mail, or to any person2
in charge of the premises. If no person is found upon the premises, the order may3
be served by affixing a copy thereof in a conspicuous place on the door at the4
entrance to the premises. Whenever it is necessary to serve an order upon the owner5
of the premises, it may be served either by delivering a copy to the person as herein6
provided or, if the owner is absent from the jurisdiction of the officer making the7
order, by mailing the copy to the owner's last known post office address.8
* * *9
§1578.1. Board of review10
A. A board of review shall be established to evaluate alternatives to fire11
prevention or protection laws and regulations or the Conveyance Devices Safety Act12
established by the fire marshal when a request of review is properly submitted. The13
board of review shall not have the power to waive fire prevention and protection14
requirements or requirements of the Conveyance Devices Safety Act, but shall15
determine whether the suggested alternative provides equivalent or better protection16
within the context of the intent of the law. The board of review shall be composed17
of the following membership:18
* * *19
(9) One elevator inspector licensed pursuant to the Conveyance Devices20
Safety Act selected by the Qualified Elevator Inspector Training Fund; and21
(10) One elevator manufacturer selected by the Louisiana State Licensing22
Board for Contractors; and23
(9) (11) One representative of the fire marshal's office, ex officio and non24
voting selected by the fire marshal;25
(10) (12) The fire marshal, ex officio and non voting.26
Those members designated in Paragraphs 1 through 6 shall be appointed by27
the governor for a term of four years. A voting member of the board shall be elected28
by its membership as chairman for a term of one year.29 HLS 14RS-264 ORIGINAL
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B. Five Six members of the board shall constitute a quorum. No board1
member shall act in any case in which he has a personal pecuniary interest.2
* * *3
§1578.2. Appeal to board4
If an order of the fire marshal issued pursuant to R.S. 40:1578.6, or R.S.5
40:1615.14, or a report issued pursuant to R.S. 40:1597.10 is appealed to the board6
of review, except as is provided in R.S. 40:1578.3, the order shall be suspended7
without posting of security until such time as the board renders a final decision.8
SUBPART A-1. CONVEYANCE DEVI CES9
§1597.1. Short title10
This Subpart shall be known and may be cited as the "Conveyance Devices11
Safety Act".12
§1597.2. Purpose; administration and enforcement13
A. (1) The purpose of this Subpart is to provide for the safety of the persons14
utilizing and working with conveyance devices, as well as to promote public safety15
awareness by requiring conveyance device inspections by licensed elevator16
inspectors.17
(2) The use of unsafe and defective conveyance devices imposes the18
probability of injury to the persons exposed to these unsafe devices. The prevention19
of these injuries is in the best interest of the people of this state.20
B. In fulfilling the purpose of this Subpart, elevators and conveyances shall21
be registered and inspected in accordance with this Subpart and rules adopted by the22
state fire marshal, all in the interest of protecting persons who use and work on23
elevators and conveyance devices.24
§1597.3. Applicability to certain equipment25
A. The provisions of this Subpart shall apply to the following equipment, its26
associated parts, and its hoistways, except as provided by R.S. 40:1597.4:27 HLS 14RS-264 ORIGINAL
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(1) Hoisting and lowering mechanisms equipped with a car or platform,1
which move between two or more landings. This equipment shall include but is not2
limited to the following:3
(a) Elevators.4
(b) Platform lifts.5
(c) Stairway chair lifts.6
(2) Power-driven stairways and walkways for carrying persons between7
landings. This equipment shall include but is not limited to the following:8
(a) Escalators.9
(b) Moving walks.10
(3) Hoisting and lowering mechanisms equipped with a car, which serve two11
or more landings and are restricted to the carrying of material by their limited size12
or limited access to the car. This equipment shall include but is not limited to the13
following:14
(a) Dumbwaiters.15
(b) Material lifts and dumbwaiters with automatic transfer devices.16
B. The provisions of this Subpart shall also apply to automatic guided transit17
vehicles on guideways with an exclusive right-of way. This equipment shall include18
but is not limited to automated people movers.19
C. The equipment listed in this Section is hereinafter collectively referred to20
in this Subpart as "conveyance device" or "conveyance equipment".21
§1597.4. Exempt equipment22
The provisions of this Subpart shall not apply to the following equipment:23
(1) Material hoists within the scope of ANSI A10.5.24
(2) Man lifts within the scope of ASME A90.1.25
(3) Mobile scaffolds, towers, and platforms within the scope of ANSI A92.26
(4) Powered platforms and equipment for exterior and interior maintenance27
within the scope of ANSI 120.1.28
(5) Conveyors and related equipment within the scope of ASME B20.1.29 HLS 14RS-264 ORIGINAL
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(6) Cranes, derricks, hoists, hooks, jacks, and slings within the scope of1
ASME B30.2
(7) Industrial trucks within the scope of ASME B56.3
(8) Portable equipment, except for portable escalators which are covered by4
ASME A17.1/CSA B44 and ASME A17.7/CSA B44.7.5
(9) Tiering or piling machines used to move materials to and from storage6
located and operating entirely within one story.7
(10) Equipment for feeding or positioning materials at machine tools,8
printing presses, and other similar machines.9
(11) Skip or furnace hoists.10
(12) Wharf ramps.11
(13) Railroad car lifts or dumpers.12
(14) Line jacks, false cars, shafters, moving platforms, and similar13
equipment used for installing an elevator by a contractor licensed in this state.14
(15) Non-code standard installations.15
(16) Any device listed in R.S. 40:1665.3 which is located in or on a state16
owned or leased building.17
§1597.5. Definitions18
As used in this Subpart, the terms defined in this Section have the meanings19
herein given to them, except where the context expressly indicates otherwise:20
(1) "ASCE 21" means the American Society of Civil Engineers Automated21
People Mover Standards.22
(2) "ASME A17.1/CSA B44" means the Safety Code for Elevators and23
Escalators, an American National Standard.24
(3) "ASME A17.3" means the Safety Code for Existing Elevators and25
Escalators, an American National Standard.26
(4) "ASME A17.7/CSA B44.7" means the Performance-Based Safety Code27
for Elevators and Escalators, an American National Standard. 28 HLS 14RS-264 ORIGINAL
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(5) "ASME A18.1" means the Safety Standard for Platform Lifts and1
Stairway Chairlifts, an American National Standard.2
(6) "Automated people mover" means an installation as defined as an3
"automated people mover" in ASCE 21.4
(7) "Conveyance" or "conveyance device" means any device listed in R.S.5
40:1665.3.6
(8) "Elevator" means an installation as defined as an "elevator" in ASME7
A17.1/CSA B44.8
(9) "Elevator contractor" means the company or individual that installed the9
elevator.10
(10) "Elevator inspector" means any person licensed issued pursuant to this11
Subpart who engages in the business of inspecting elevators and other related12
conveyances regulated by this Subpart.13
(11) "Elevator inspection firm" means any sole proprietorship, partnership,14
limited liability company, or any other entity, licensed pursuant to this Subpart that15
engages in the business of inspecting elevators and other related conveyances16
regulated by this Subpart.17
(12) "Escalator" means an installation as defined as an "escalator" in ASME18
A17.1/CSA B44.19
(13) "Existing installation" means an installation as defined as an20
"installation, existing" in ASME A17.3/CSA B44.21
(14) "Fire marshal" or "office of the state fire marshal" means the22
Department of Public Safety and Corrections, office of state fire marshal, and its23
authorized representatives empowered to enforce this Subpart.24
(15) "Material alteration" means an "alteration" as defined in the referenced25
standards.26
(16) "Moving walk or sidewalk" means an installation as defined as a27
"moving walk" in ASME A17.1/CSA B44.28 HLS 14RS-264 ORIGINAL
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(17) "One- or two-family dwelling" means a separate dwelling, a duplex, or1
a separate apartment in a multiple dwelling, which is occupied by members of a2
single-family unit.3
(18) "Person" or "persons" means a natural person or natural persons.4
(19) "Repair" means a "repair" as defined in the referenced standards.5
§1597.6. Other definitions6
All other building transportation terms are defined in the latest edition of7
ASME A17.1/CSA B44 and ASME A18.1.8
§1597.7. American Society of Mechanical Engineers; American National Standards9
Institute; American Society of Civil Engineers; applicability to conveyance10
devices; minimum standards; appeal11
A. Adequate protection for safety shall be afforded in every conveyance12
device to which this Subpart applies. To afford such protection, conveyances13
devices shall comply with the rules and regulations to be promulgated by the fire14
marshal in conformity with the Administrative Procedure Act which shall establish15
as minimum standards for existing and newly installed conveyances devices pursuant16
to the provisions of the American Society of Mechanical Engineers and American17
National Standards Institute, Safety Code for Elevators and Escalators and American18
Society of Mechanical Engineers Safety Standards for Platform Lifts and Stairway19
Chairlifts, American Society of Civil Engineers, Automated People Mover20
Standards, applicable to conveyance devices or elevators as all are annually or21
periodically amended, and the fire marshal shall be the authority having jurisdiction22
to enforce compliance with such regulations. The effective date for enforcement23
shall be one hundred eighty days after adoption and promulgation under the24
Administrative Procedure Act.25
B. A parish or municipality which, prior to April 1, 2015, has adopted and26
is enforcing a nationally recognized standards or codes for conveyance devices may27
continue to enforce such codes in place of the codes required in Subsection A of this28 HLS 14RS-264 ORIGINAL
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Section; however, such codes or standards shall contain requirements that are1
substantially equal to the fire marshal's code with respect to conveyance devices.2
C. The provisions of this Subpart are not intended to prevent the use of3
systems, methods, or devices of equivalent or superior quality, strength, fire4
resistance, code effectiveness, durability, and safety, to those required by the5
applicable code, provided that the fire marshal determines that there is technical6
documentation to demonstrate the equivalency or superiority of the system, method,7
or device, as prescribed in the American Society of Mechanical Engineers and8
American National Standards Institute, Safety Code for Elevators and Escalators and9
American Society of Mechanical Engineers Safety Standards for Platform Lifts and10
Stairway Chairlifts, American Society of Civil Engineers, Automated People Mover11
Standards, applicable to conveyance devices.12
§1597.8. State fire marshal; owners; elevator and conveyance device registration13
and inspections14
The fire marshal shall cause the registration and inspection of conveyance15
devices in the state, except those exempt pursuant to R.S. 1597.4, in accordance16
with this Subpart.17
§1597.9. Inspectors18
The inspections conducted pursuant to this Subpart are to be conducted by19
elevator inspectors licensed pursuant to this Subpart. An elevator contractor that20
installs a conveyance device shall be on-site for any inspection by a licensed elevator21
inspector.22
§1597.10. State fire marshal; administrative rules; conveyance device registration23
and inspections24
The state fire marshal shall promulgate rules, pursuant to the Administrative25
Procedure Act, which he considers necessary for the administration and enforcement26
of this Subpart. At minimum, the rules shall contain the following:27 HLS 14RS-264 ORIGINAL
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(1) The owner of each conveyance device installed prior to April 1, 2015,1
except those in one-or-two family dwellings, shall register the device with his office2
by April 1, 2016.3
(2) An elevator contractor who installs a conveyance device on or after April4
2, 2016, including those installed in one-or-two family dwellings, shall cause the5
device to be registered and inspected by a licensed elevator inspector prior to the6
device being put into use. The elevator inspector shall be independent of the elevator7
contractor that installed the elevator.8
(3) The owner of each conveyance device, except those in one-and-two9
family homes, installed prior to April 1, 2016, shall cause an annual inspection of the10
device by a licensed elevator inspector. The first inspection shall occur prior to April11
1, 2017.12
(4) A process by which licensed elevator inspectors shall report the findings13
of each inspection to the fire marshal and to the owner of the conveyance device and14
by which a licensed elevator inspector shall indicate to the public that a conveyance15
device meet applicable standards during his inspection. Such process shall include16
the following, at minimum:17
(a) If the inspector determines that the conveyance device does not meet18
applicable standards, he shall describe these facts in detail and cite the standards and19
deficiencies in his report.20
(b) The fire marshal shall notify the owner of the conveyance device21
inspected of remediation required to be made and the time frame in which the22
remediation shall be made.23
(c) The owner shall dispute the findings of any report by requesting a hearing24
with the board of review, R.S. 40:1578.1.25
(d) The licensed elevator inspector shall place a notice on a conveyance26
device he inspected indication his name and the date that the device meet applicable27
standards according to his inspection.28 HLS 14RS-264 ORIGINAL
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(5) The standards of the American Society of Mechanical Engineers and1
American National Standards Institute, Safety Code for Elevators and Escalators and2
American Society of Mechanical Engineers Safety Standards for Platform Lifts and3
Stairway Chairlifts, American Society of Civil Engineers, Automated People Mover4
Standards, applicable to conveyance devices or elevators, that each conveyance5
device inspected shall meet.6
§1597.11. Inspection of premises; orders for repair or removal of dangerous7
conditions8
A. Upon review of a report of a licensed elevator inspector, complaint of any9
person, or upon his own initiative when he thinks necessary, the fire marshal or any10
of his authorized representatives may inspect any conveyance device within the state11
except those within the interiors of private and one- or two-family dwellings.12
B. Whenever the inspecting officer from the fire marshal's office finds any13
such conveyance device, for any cause, is especially dangerous to life or which is so14
situated as to endanger other property or the occupants thereof, he shall order the15
elevator out of service. The owner of the elevator shall not permit it to be used until16
the fire marshal certifies that the hazardous conditions have been eliminated.17
C. An order to place an elevator out of service shall be served pursuant to18
R.S. 40:1576.19
D. An appeal of an order to place an elevator out of service shall be taken20
pursuant to R.S. 40:1577.21
§1597.12. Fees22
The fire marshal shall establish by rule, adopted and promulgated in23
accordance with the Administrative Procedure Act, reasonable fees in order to24
implement the provisions of this Subpart, including the initial fee for a elevator25
inspector license, the renewal fee for an elevator inspector license, the initial fee for26
an elevator inspection firm license, the renewal fee for an elevator inspection firm27
license, the fee for an initial inspection, and the fee for subsequent inspections.28 HLS 14RS-264 ORIGINAL
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§1597.13. License required1
No person shall conduct an inspection as required by this Subpart for any2
conveyance on or within a building or structure located within the jurisdiction of this3
state, including but not limited to conveyances in or on one- or two- family4
dwellings, unless the person possesses an elevator inspection license issued by the5
fire marshal as provided in this Subpart.6
§1597.14. Elevator inspector license; requirements7
A. In order to engage in elevator inspections required by this Subpart, a8
person shall apply for and obtain an elevator inspector license from the fire marshal.9
B. The fire marshal shall, by rule adopted in accordance with the10
Administrative Procedure Act, establish qualifications for the licensing of persons11
as elevator inspectors, which shall include the following, at minimum:12
(1) Certification of the applicant by an organization recognized by the fire13
marshal as a QEI or equivalent accreditation program.14
(2) Required insurance15
(3) Designated agent for service.16
(4) The application fee.17
C. Each individual license holder shall have proof of his license with him18
while engaging in elevator inspections and present such license upon demand by19
employee of the office of the state fire marshal.20
D. As a further condition of licensure, the acceptance of a license by a21
person shall be deemed as consent to submit to the reasonable requests for22
documentation by the state fire marshal and to cooperate in a lawful investigation by23
the fire marshal. Refusal to cooperate with any lawful investigation by the fire24
marshal shall be subject to any penalty as outlined in this Subpart, or administrative25
rules adopted pursuant to this Subpart, including suspension or revocation of the26
license.27
E. Each person licensed pursuant to this Section shall notify the fire marshal28
within fifteen days of a change in the business address of the licensee.29 HLS 14RS-264 ORIGINAL
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F. All licenses issued pursuant to this Section are valid for one year, and1
shall be renewed annually to remain valid.2
§1597.15. Application for an elevator inspection firm license; requirements to3
maintain4
A. In order to engage in elevator inspections required by this Subpart, a firm5
shall apply for and obtain a license for each operating location doing business in the6
state.7
B. The fire marshal shall, by rule adopted in accordance with the8
Administrative Procedure Act, establish qualifications for the licensing of firms as9
elevator inspection firms, which shall include the following, at minimum:10
(1) A completed firm application.11
(2) Documentation that the firm is an entity duly authorized to conduct12
business within this state. If the firm is physically located in Louisiana,13
documentation shall be in the form of a local or parish occupational license and if14
incorporated, registration with the secretary of state. If the firm is physically located15
outside of the state, documentation shall be in the form of registration with the16
secretary of state as a foreign corporation including the name of the firm's registered17
agent of service.18
(3) An original certificate of insurance documenting that the firm has a19
minimum of one million bodily insurance and five-hundred thousand property20
damage insurance.21
(4) A current and valid workers' compensation insurance policy which meets22
at least the statutory minimum required by state law.23
(5) The name of the person who will serve as the designated agent of the24
company.25
(6) Proof of employment of an elevator inspector licensed pursuant to this26
Subpart.27
(7) The application fee authorized by this Subpart.28 HLS 14RS-264 ORIGINAL
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C. Each firm as a condition of licensure shall be open for inspection by the1
fire marshal at any reasonable time for the purpose of observation and collection of2
facts and data relating to proper enforcement of this Subpart No person acting on3
behalf of the firm shall refuse to admit the fire marshal to an operating location.4
Firms physically located outside of Louisiana may be charged for the travel expenses5
of the fire marshal to conduct such an inspection.6
D. As a further condition of licensure, the acceptance of a license by a firm7
shall be deemed as consent to submit to the reasonable requests for documentation8
by the fire marshal and to cooperate in a lawful investigation by the fire marshal.9
Refusal to cooperate with any lawful investigation by the fire marshal shall be10
subject to any penalty as outlined in this Subpart, or administrative rules adopted11
pursuant to this Subpart, including suspension or revocation of license.12
E. Each firm shall clearly display its license in a conspicuous location at its13
place of business.14
F. The designated agent of an elevator inspection firm shall notify the fire15
marshal within ten days of the following:16
(1) Any change in the business address of the firm.17
(2) Any change in ownership of or interest in the firm.18
(3) Any change in the employment of a person holding an individual license.19
G. No elevator inspection firm shall cause an elevator inspection to occur20
unless the inspection is conducted by an elevator inspector licensed pursuant to this21
Subpart.22
§1597.16. Powers and duties of state fire marshal; licensure23
The state fire marshal shall:24
(1) Evaluate the qualifications of firms or persons applying for or25
maintaining a license pursuant to this Subpart.26
(2) Have authority to conduct examinations to ascertain the qualifications27
and fitness of applicants for a license pursuant to this Subpart.28 HLS 14RS-264 ORIGINAL
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(3) Issue full or provisional licenses to firms and persons that meet the1
qualifications established by this Subpart.2
(4) Evaluate the qualifications of firms and seeking licensure.3
(5) Have authority, after notice and opportunity for hearing, to increase or4
decrease the limits of insurance coverage and authorize acceptance of surplus lines5
coverage if the state fire marshal determines that due to loss experience, market6
conditions, or other good reason, the liability insurance coverage required by this7
Subpart is unavailable to applicants for or holders of licenses.8
(6) Have authority to conduct inspections of licensed firms, whether in state9
or out of state, for the purpose of observation and collection of facts and data relating10
to proper enforcement of this Subpart.11
(7) Investigate all written complaints lodged against firms or individuals who12
are alleged to have violated this Subpart and pursue administrative action against the13
firms or individuals.14
§1597.17. Prohibited acts15
No person or firm shall do any of the following:16
(1) Engage in conveyance device inspections without a valid license.17
(2) Aid and abet an unlicensed individual, employee, or firm in a conveyance18
device inspection or inspections.19
(3) Inspect a conveyance device contrary to applicable codes, standards, or20
manufacturer's specifications without specific written authorization from the office21
of the state fire marshal.22
(4) Submit an application or any other document to the office of the state fire23
marshal when the person reasonably should have known that the document contained24
false or misleading information.25
(5) Engage in false, misleading, or deceptive acts or practices.26
(6) Fail to maintain a valid license as required by this Subpart.27
(7) Fail to maintain a valid insurance policy as required by this Subpart.28 HLS 14RS-264 ORIGINAL
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(8) Refuse to admit the state fire marshal or his designated representative to1
an operating location or refuse to cooperate in the purposes of such admittance as2
required by this Subpart.3
(9) Fail to maintain his license on his person and to present it for inspection4
as required by this Subpart.5
(10) Fail to return a conveyance device to the factory default setting.6
(11) Refuse to cooperate with any lawful investigation by the office of the7
state fire marshal.8
(12) Fail to abide by the administrative rules promulgated pursuant to this9
Subpart.10
§1597.18. Notice, hearing, and revocation of certificate or license11
The license as provided for in this Subpart may be revoked or suspended after12
notice and hearing in accordance with the Administrative Procedure Act and upon13
a finding that a person or firm:14
(1) Willfully violated any provision of this Subpart or any rule, regulation,15
or order adopted hereunder.16
(2) Used deceit or false or misleading information in obtaining any17
certificate or license pursuant to this Subpart.18
(3) Has been professionally incompetent or grossly negligent.19
(4) Has assisted any person attempting to evade the provisions of this20
Subpart, or any rules or regulations adopted hereunder.21
§1597.19. Penalties22
A.(1) In addition to or in lieu of administrative sanctions provided in this23
Subpart, the state fire marshal is empowered to issue an order to any person or firm24
engaged in any activity, conduct, or practice constituting a violation of any provision25
of this Subpart, directing such person or firm to cease and desist from such activity,26
conduct, or practice. Such order shall be issued in the name of the state of Louisiana27
under the official seal of the state fire marshal.28 HLS 14RS-264 ORIGINAL
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(2) If the person or firm to whom the state fire marshal directs a cease and1
desist order does not cease and desist the prohibited activity, conduct, or practice2
immediately after service of such cease and desist order by certified mail or personal3
service, the state fire marshal may seek, in any court of competent jurisdiction and4
proper venue, a writ of injunction enjoining such person or firm from engaging in5
any activity, conduct, or practice prohibited by this Subpart.6
(3) Upon a proper showing by the state fire marshal that such person or firm7
has engaged in any activity, conduct, or practice prohibited by this Subpart, the court8
shall issue a temporary restraining order restraining the person or firm from engaging9
in unlawful activity, conduct, or practices pending the hearing on a preliminary10
injunction, and in due course a permanent injunction shall be issued after a hearing,11
commanding the cessation of the unlawful activity, conduct, or practices.12
(4) A temporary restraining order, preliminary injunction, or permanent13
injunction issued under this Subpart shall not be subject to being released upon bond.14
(5) In the suit for an injunction, the state fire marshal may demand of the15
defendant a penalty of fifty dollars per day for each violation, reasonable attorney16
fees, and court costs. Judgment for penalty, attorney fees, and court costs may be17
rendered in the same judgment in which the injunction is made absolute.18
B. If the state fire marshal finds that any person or firm has violated any19
provision of this Subpart or any regulation, rule, or order issued hereunder, he may20
impose upon that person or firm a fine in an amount not to exceed five thousand21
dollars for each violation. The state fire marshal shall establish and promulgate a22
fine schedule pursuant to the Administrative Procedure Act.23
C. Procedures for the imposition of fines and appeals of such fines shall be24
governed by the Administrative Procedure Act.25
§1597.20. Conveyance Devices Safety Fund26
A. There is hereby created, as a special fund in the state treasury, the27
Conveyance Devices Safety Fund. The source of monies for the fund shall be all28
monies collected pursuant to this Subpart, and grants, gifts, and donations and any29 HLS 14RS-264 ORIGINAL
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other monies received by the state to fulfill the purpose of this Subpart which are1
appropriated to the fund.2
B. After compliance with the requirements of Article VII, Section 9(B) of3
the Constitution of Louisiana, relative to the Bond Security and Redemption Fund,4
an amount equal to that deposited into the state treasury from the foregoing sources5
shall be deposited in and credited to the fund. The monies in the fund shall be6
invested by the treasurer in the same manner as the state general fund, and interest7
earnings shall be deposited into the fund. All unexpended and unencumbered8
monies remaining in the fund at the end of each fiscal year shall remain in the fund.9
C. Monies in the fund shall be subject to annual appropriation by the10
legislature for the exclusive use of the Department of Public Safety and Corrections,11
office of the state fire marshal, in implementing the provisions of this Subpart. The12
monies in the fund shall be allocated and disbursed by the deputy secretary of13
Department of Public Safety and Corrections, public safety services, for the14
exclusive use by the office of the state fire marshal in implementing this Subpart.15
§1597.21. Liability16
A. This Subpart shall not be construed to relieve or lessen the responsibility17
or liability of any person, firm, or corporation owning, operating, controlling,18
maintaining, erecting, constructing, installing, altering, inspecting, testing, or19
repairing any conveyance device or other related mechanisms regulated by this20
Subpart for damages to persons or property caused by any defect in devices.21
B. In addition, the state shall not assume any such liability or responsibility22
or any liability to any person or firm for any reason whatsoever by the adoption of23
this Subpart or any acts or omissions arising hereunder.24
§1597.22. State law, code, or regulation25
Whenever a provision in this Subpart is found to be inconsistent with any26
other provision of applicable state law, code, or regulation, the other applicable state27
law shall prevail. This Subpart, unless specifically stated otherwise, is not intended28 HLS 14RS-264 ORIGINAL
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to establish more stringent or more restrictive standards than those standards set forth1
in the applicable state law.2
§1597.23. Permits issued by political subdivisions3
Nothing in this Subpart shall prohibit political subdivisions from requiring4
local permits for the erection, construction, installation, inspection, or alteration of5
conveyance devices.6
* * *7
Section 3. The provisions of this Act shall not be implemented, applied, or enforced8
until the final adoption and promulgation of all necessary rules and regulations are9
promulgated by the office of the state fire marshal. The office of the state fire marshal shall,10
upon the effective date of this Act, immediately commence the process of promulgating such11
rules and regulations.12
DIGEST
The digest printed below was prepared by House Legislative Services. It constitutes no part
of the legislative instrument. The keyword, one-liner, abstract, and digest do not constitute
part of the law or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)]
Willmott HB No. 875
Abstract: Creates the Conveyance Devices Safety Act.
Proposed law requires certain elevators and conveyance devices to be registered with the
office of the state fire marshal and inspected by licensed elevator inspectors.
Proposed law lists the conveyance devices that will be subject to the registration and
inspection requirements the Conveyance Devices Safety Act.
Proposed law lists the conveyance devices that will be exempt from the registration and
inspection requirements the Conveyance Devices Safety Act.
Proposed law provides guidelines for which standards existing and newly installed
conveyance devices must meet.
Proposed law requires the office of the state fire marshal to promulgate rules providing for
the following:
(1)The owner of each conveyance device installed prior to April 1, 2015, except those
in one-or-two family dwellings, shall register the device with his office by April 1,
2016.
(2)An elevator contractor who installs a conveyance device on or after April 2, 2016,
including those installed in one-or-two family dwellings, shall cause the device to
be registered and inspected by a licensed elevator inspector prior to the device being HLS 14RS-264 ORIGINAL
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put into use. The elevator inspector shall be independent of the elevator contractor
that installed the elevator.
(3)The owner of each conveyance device, except those in one-and-two family homes,
installed prior to April 1, 2016, shall cause an annual inspection of the device by a
licensed elevator inspector. The first inspection shall occur prior to April 1, 2017.
(4)A process by which licensed elevator inspectors shall report the findings of each
inspection to the fire marshal and to the owner of the conveyance device and by
which a licensed elevator inspector shall indicate to the public that a conveyance
device meet applicable standards during his inspection. Such process shall include
the following, at a minimum:
(a)If the inspector determines that the conveyance device does not meet
applicable standards, he shall describe these facts in detail and cite the
standards and deficiencies in his report.
(b)The fire marshal shall notify the owner of the conveyance device inspected
of remediation required to be made and the time frame in which the
remediation shall be made.
(d)The owner shall dispute the findings of any report by requesting a hearing
with the board of review, R.S. 40:1578.1.
(e)The licensed elevator inspector shall place a notice on a conveyance device
he inspected indication his name and the date that the device meet applicable
standards according to his inspection.
(5)The standards of the American Society of Mechanical Engineers and American
National Standards Institute, Safety Code for Elevators and Escalators and American
Society of Mechanical Engineers Safety Standards for Platform Lifts and Stairway
Chairlifts, American Society of Civil Engineers, Automated People Mover
Standards, applicable to conveyance devices or elevators, that each conveyance
device inspected shall meet.
(6)Reasonable fees in order to implement the provisions of this Subpart, including the
initial fee for a elevator inspector license, the renewal fee for an elevator inspector
license, the initial fee for an elevator inspection firm license, the renewal fee for an
elevator inspection firm license, the fee for an initial inspection, and the fee for
subsequent inspections.
(7)Establish qualifications for the licensing of firms as elevator inspection firms
(8)Establish qualifications for the licensing of persons as elevator inspectors
Proposed law authorizes the office of the state fire marshal to put an conveyance device,
except those in one-or-two family dwellings, out of service if it poses a threat to the public.
Proposed law provides for the licensing of elevator inspector and elevator inspector firms
and requires all inspections of conveyances devices required pursuant to proposed law be
conducted by licensed elevator inspectors.
Proposed law provides for fines and penalties for violations of proposed law.
(Amends R.S. 40:1576, 1578.1(A)(9) and (10) and (B), and 1578.2; Adds R.S.
40:1578.1(A)(11) and (12) and 1597.1-1597.23)