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Regular Session, 2014
SENATE BILL NO. 602
BY SENATOR NEVERS
COMMERCIAL REGULATIONS. Provides for the regulation and inspection of elevators
and other mechanisms. (8/1/14)
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 SB NO. 602
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40:1597.1 through 1597.23, are hereby enacted to read as follows:1
§1576. Service of order2
Any order for removal or remedying issued pursuant to R.S. 40:1575 or an3
order to place a conveyance device, as defined by R.S. 40:1662, out of service4
may be served upon the occupant of the premises to which it is directed by delivering5
a copy to the occupant personally or by registered or certified mail, or to any person6
in charge of the premises. If no person is found upon the premises, the order may7
be served by affixing a copy thereof in a conspicuous place on the door at the8
entrance to the premises. Whenever it is necessary to serve an order upon the owner9
of the premises, it may be served either by delivering a copy to the person as herein10
provided or, if the owner is absent from the jurisdiction of the officer making the11
order, by mailing the copy to the owner's last known post office address.12
* * *13
§1578.1. Board of review14
A. A board of review shall be established to evaluate alternatives to fire15
prevention or protection laws and regulations or the Conveyance Devices Safety16
Act established by the fire marshal when a request of review is properly submitted.17
The board of review shall not have the power to waive fire prevention and protection18
requirements or requirements of the Conveyance Devices Safety Act, but shall19
determine whether the suggested alternative provides equivalent or better protection20
within the context of the intent of the law. The board of review shall be composed21
of the following membership:22
* * *23
(9) One Qualified Elevator Inspector (QEI) who is licensed pursuant to24
the Conveyance Devices Safety Act and appointed by the governor;25
(10) One elevator manufacturer selected by the Louisiana State26
Licensing Board for Contractors; and27
(9)(11) One representative of the fire marshal's office, ex officio and non28
voting selected by the fire marshal;29 SB NO. 602
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(10)(12) The fire marshal, ex officio and non voting.1
Those members designated in Paragraphs 1 through 6 shall be appointed by2
the governor for a term of four years. A voting member of the board shall be elected3
by its membership as chairman for a term of one year.4
B. Five Six members of the board shall constitute a quorum. No board5
member shall act in any case in which he has a personal pecuniary interest.6
* * *7
§1578.2. Appeal to board8
If an order of the fire marshal issued pursuant to R.S. 40:1578.6, or R.S.9
40:1615.14, or a report issued pursuant to R.S. 40:1597.10 is appealed to the10
board of review, except as is provided in R.S. 40:1578.3, the order shall be11
suspended without posting of security until such time as the board renders a final12
decision.13
SUBPART A-1. CONVEYANCE DEVICES14
§1597.1. Short title15
This Subpart shall be known and may be cited as the "Conveyance16
Devices Safety Act".17
§1597.2. Purpose; administration and enforcement18
A. (1) The purpose of this Subpart is to provide for the safety of the19
persons utilizing and working with conveyance devices, as well as to promote20
public safety awareness by requiring conveyance device inspections by licensed21
elevator inspectors.22
(2) The use of unsafe and defective conveyance devices imposes the23
probability of injury to the persons exposed to these unsafe devices. The24
prevention of these injuries is in the best interest of the people of this state.25
B. In fulfilling the purpose of this Subpart, elevators and conveyances26
shall be registered and inspected in accordance with this Subpart and rules27
adopted by the state fire marshal, all in the interest of protecting persons who28
use and work on elevators and conveyance devices.29 SB NO. 602
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§1597.3. Applicability to certain equipment1
A. The provisions of this Subpart shall apply to the following equipment,2
its associated parts, and its hoistways, except as provided by R.S. 40:1597.4:3
(1) Hoisting and lowering mechanisms equipped with a car or platform,4
which move between two or more landings. This equipment shall include but is5
not limited to the following:6
(a) Elevators.7
(b) Platform lifts.8
(c) Stairway chair lifts.9
(2) Power-driven stairways and walkways for carrying persons between10
landings. This equipment shall include but is not limited to the following:11
(a) Escalators.12
(b) Moving walks.13
(3) Hoisting and lowering mechanisms equipped with a car that serve14
two or more landings and are restricted to the carrying of material by their15
limited size or limited access to the car. This equipment shall include but is not16
limited to the following:17
(a) Dumbwaiters.18
(b) Material lifts and dumbwaiters with automatic transfer devices.19
B. The provisions of this Subpart shall also apply to automatic guided20
transit vehicles on guideways with an exclusive right-of-way. This equipment21
shall include but is not limited to automated people movers.22
C. The equipment listed in this Section is hereinafter collectively23
referred to in this Subpart as "conveyance device" or "conveyance equipment".24
§1597.4. Exempt equipment25
The provisions of this Subpart shall not apply to the following26
equipment:27
(1) Material hoists within the scope of ANSI A10.5.28
(2) Man lifts within the scope of ASME A90.1.29 SB NO. 602
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(3) Mobile scaffolds, towers, and platforms within the scope of ANSI1
A92.2
(4) Powered platforms and equipment for exterior and interior3
maintenance within the scope of ANSI 120.1.4
(5) Conveyors and related equipment within the scope of ASME B20.1.5
(6) Cranes, derricks, hoists, hooks, jacks, and slings within the scope of6
ASME B30.7
(7) Industrial trucks within the scope of ASME B56.8
(8) Portable equipment, except for portable escalators which are covered9
by ASME A17.1/CSA B44 and ASME A17.7/CSA B44.7.10
(9) Tiering or piling machines used to move materials to and from11
storage located and operating entirely within one story.12
(10) Equipment for feeding or positioning materials at machine tools,13
printing presses, and other similar machines.14
(11) Skip or furnace hoists.15
(12) Wharf ramps.16
(13) Railroad car lifts or dumpers.17
(14) Line jacks, false cars, shafters, moving platforms, and similar18
equipment used for installing an elevator by a contractor licensed in this state.19
(15) Noncode standard installations.20
(16) Any device listed in R.S. 40:1665.3 which is located in or on a state21
owned or leased building.22
§1597.5. Definitions23
As used in this Subpart, the terms defined in this Section have the24
meanings herein given to them, except where the context expressly indicates25
otherwise:26
(1) "ASCE 21" means the American Society of Civil Engineers27
Automated People Mover Standards.28
(2) "ASME A17.1/CSA B44" means the Safety Code for Elevators and29 SB NO. 602
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Escalators, an American National Standard.1
(3) "ASME A17.3" means the Safety Code for Existing Elevators and2
Escalators, an American National Standard.3
(4) "ASME A17.7/CSA B44.7" means the Performance-Based Safety4
Code for Elevators and Escalators, an American National Standard.5
(5) "ASME A18.1" means the Safety Standard for Platform Lifts and6
Stairway Chairlifts, an American National Standard.7
(6) "Automated people mover" means an installation as defined as an8
"automated people mover" in ASCE 21.9
(7) "Conveyance" or "conveyance device" means any device listed in10
R.S. 40:1665.3.11
(8) "Elevator" means an installation as defined as an "elevator" in12
ASME A17.1/CSA B44.13
(9) "Elevator contractor" means the company or individual that14
installed the elevator.15
(10) "Elevator inspector" means any person licensed issued pursuant to16
this Subpart who engages in the business of inspecting elevators and other17
related conveyances regulated by this Subpart.18
(11) "Elevator inspection firm" means any sole proprietorship,19
partnership, limited liability company, or any other entity, licensed pursuant20
to this Subpart that engages in the business of inspecting elevators and other21
related conveyances regulated by this Subpart.22
(12) "Escalator" means an installation as defined as an "escalator" in23
ASME A17.1/CSA B44.24
(13) "Existing installation" means an installation as defined as an25
"installation, existing" in ASME A17.3/CSA B44.26
(14) "Fire marshal" or "office of the state fire marshal" means the27
Department of Public Safety and Corrections, office of state fire marshal, and28
its authorized representatives empowered to enforce this Subpart.29 SB NO. 602
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(15) "ISO" means International Standards Organization.1
(16) "IEC" means International Electrotechnical Commission, and2
"IEC 17024" means the Conformity Assessment Package that provides3
guidance on the general principles, performing inspections, audits, and4
certification.5
(17) "Material alteration" means an "alteration" as defined in the6
referenced standards.7
(18) "Moving walk or sidewalk" means an installation as defined as a8
"moving walk" in ASME A17.1/CSA B44.9
(19) "One- or two-family dwelling" means a separate dwelling, a duplex,10
or a separate apartment in a multiple dwelling, which is occupied by members11
of a single-family unit.12
(20) "Person" or "persons" means a natural person or natural persons.13
(21) "Repair" means a "repair" as defined in the referenced standards.14
§1597.6. Other definitions15
All other building transportation terms are defined in the latest edition16
of ASME A17.1/CSA B44 and ASME A18.1.17
§1597.7. American Society of Mechanical Engineers; American National18
Standards Institute; American Society of Civil Engineers;19
applicability to conveyance devices; minimum standards; appeal20
A. Adequate protection for safety shall be afforded in every conveyance21
device to which this Subpart applies. To afford such protection, conveyances22
devices shall comply with the latest editions of the American Society of23
Mechanical Engineers (ASME) Safety Code for Elevators and Escalators,24
ASME A17.1; ASME Performance-Based Safety Code for Elevators and25
Escalators A17.7; the ASME Safety Code for Existing Elevators and Escalators,26
A17.3; the ASME Safety Standards for Platform Lifts and Stairway Chairlifts,27
A18.1; ASME Standard for the Qualification of Elevator Inspectors, QEI-1; and28
Automated People Mover Standards, ASCE 21. The fire marshal shall29 SB NO. 602
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promulgate rules to adopt the above standards within six months of their1
effective date and shall be the authority having jurisdiction to enforce2
compliance with such regulations. The effective date for enforcement shall be3
one hundred eighty days after adoption and promulgation under the4
Administrative Procedure Act.5
B. A parish or municipality that, prior to April 1, 2015, has adopted and6
is enforcing a nationally recognized standards or codes for conveyance devices7
may continue to enforce such codes in place of the codes required in Subsection8
A of this Section and in such instances no additional inspections shall be9
required under the provisions of this Section; however, such codes or standards10
shall contain requirements that are substantially equal to the fire marshal's11
code with respect to conveyance devices.12
C. The provisions of this Subpart are not intended to prevent the use of13
systems, methods, or devices of equivalent or superior quality, strength, fire14
resistance, code effectiveness, durability, and safety, to those required by the15
applicable code, provided that the fire marshal determines that there is16
technical documentation to demonstrate the equivalency or superiority of the17
system, method, or device, as prescribed in the American Society of Mechanical18
Engineers and American National Standards Institute (ANSI), Safety Code for19
Elevators and Escalators and American Society of Mechanical Engineers Safety20
Standards for Platform Lifts and Stairway Chairlifts, American Society of Civil21
Engineers, Automated People Mover Standards, applicable to conveyance22
devices.23
§1597.8. State fire marshal; owners; elevator and conveyance device24
registration and inspections25
The fire marshal shall cause the registration and inspection of26
conveyance devices in the state, except those exempt pursuant to R.S. 1597.4,27
in accordance with this Subpart.28
§1597.9. Inspectors29 SB NO. 602
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The inspections conducted pursuant to this Subpart are to be conducted1
by elevator inspectors licensed pursuant to this Subpart. An elevator contractor2
that installs a conveyance device shall be on-site for any inspection by a licensed3
elevator inspector.4
§1597.10. State fire marshal; administrative rules; conveyance device5
registration and inspections6
The state fire marshal shall promulgate rules, pursuant to the7
Administrative Procedure Act, which he considers necessary for the8
administration and enforcement of this Subpart. At minimum, the rules shall9
contain the following:10
(1) The owner of each conveyance device installed prior to April 1, 2015,11
except those in one- or two-family dwellings, shall register the device with his12
office by April 1, 2016.13
(2) An elevator contractor who installs a conveyance device on or after14
April 2, 2016, including those installed in one- or two-family dwellings, shall15
cause the device to be registered and inspected by a licensed elevator inspector16
prior to the device being put into use. The elevator inspector shall be17
independent of the elevator contractor that installed the elevator.18
(3) The owner of each conveyance device, except those in one-and-two19
family homes, installed prior to April 1, 2016, shall cause an annual inspection20
of the device by a licensed elevator inspector. The first inspection shall occur21
prior to April 1, 2017.22
(4) A process by which licensed elevator inspectors shall report the23
findings of each inspection to the fire marshal and to the owner of the24
conveyance device and by which a licensed elevator inspector shall indicate to25
the public that a conveyance device meet applicable standards during his26
inspection. Such process shall include the following, at minimum:27
(a) If the inspector determines that the conveyance device does not meet28
applicable standards, he shall describe these facts in detail and cite the29 SB NO. 602
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standards and deficiencies in his report.1
(b) The fire marshal shall notify the owner of the conveyance device2
inspected of remediation required to be made and the time frame in which the3
remediation shall be made.4
(c) The owner may dispute the findings of any report by requesting a5
hearing with the board of review, R.S. 40:1578.1.6
(d) The licensed elevator inspector shall place a notice on a conveyance7
device he inspected indicating his name and the date that the device met8
applicable standards according to his inspection.9
(5) The standards of the American Society of Mechanical Engineers and10
American National Standards Institute, Safety Code for Elevators and11
Escalators and American Society of Mechanical Engineers Safety Standards for12
Platform Lifts and Stairway Chairlifts, American Society of Civil Engineers,13
Automated People Mover Standards, applicable to conveyance devices or14
elevators, that each conveyance device inspected shall meet.15
§1597.11. Inspection of premises; orders for repair or removal of dangerous16
conditions17
A. Upon review of a report of a licensed elevator inspector, complaint18
of any person, or upon his own initiative when he thinks necessary, the fire19
marshal or any of his authorized representatives may inspect any conveyance20
device within the state except those within the interiors of private and one- or21
two-family dwellings.22
B. Whenever the inspecting officer from the fire marshal's office finds23
any such conveyance device, for any cause, is especially dangerous to life or24
which is so situated as to endanger other property or the occupants thereof, he25
shall order the elevator out of service. The owner of the elevator shall not26
permit it to be used until the fire marshal certifies that the hazardous conditions27
have been eliminated.28
C. An order to place an elevator out of service shall be served pursuant29 SB NO. 602
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to R.S. 40:1576.1
D. An appeal of an order to place an elevator out of service shall be2
taken pursuant to R.S. 40:1577.3
§1597.12. Implementation4
The fire marshal shall implement the Conveyance Devices Safety Act5
under this Subpart upon the appropriation of funds through any source of6
funding made available for this purpose.7
§1597.13. License required8
No person shall conduct an inspection as required by this Subpart for9
any conveyance on or within a building or structure located within the10
jurisdiction of this state, including but not limited to conveyances in or on one-11
or two-family dwellings, unless the person possesses an elevator inspection12
license issued by the fire marshal as provided in this Subpart.13
§1597.14. Elevator inspector license; requirements14
A. In order to engage in elevator inspections required by this Subpart,15
a person shall apply for and obtain an elevator inspector license from the fire16
marshal.17
B. The fire marshal shall, by rule adopted in accordance with the18
Administrative Procedure Act, establish qualifications for the licensing of19
persons as elevator inspectors, which shall include the following, at minimum:20
(1) Requiring that inspectors and inspection supervisors shall be21
certified in accordance with the latest edition of the ASME QEI-1 standard.22
The organization which certifies the inspectors shall be accredited by an23
independent, internationally or nationally recognized organization that24
accredits personnel certification bodies to ANSI/ISO/IEC 17024.25
(2) Obtaining the required insurance.26
(3) Designating an agent for service.27
C. Each individual license holder shall have proof of his license with him28
while engaging in elevator inspections and present such license upon demand29 SB NO. 602
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by employee of the office of the state fire marshal.1
D. As a further condition of licensure, the acceptance of a license by a2
person shall be deemed as consent to submit to the reasonable requests for3
documentation by the state fire marshal and to cooperate in a lawful4
investigation by the fire marshal. Refusal to cooperate with any lawful5
investigation by the fire marshal shall be subject to any penalty as outlined in6
this Subpart, or administrative rules adopted pursuant to this Subpart,7
including suspension or revocation of the license.8
E. Each person licensed pursuant to this Section shall notify the fire9
marshal within fifteen days of a change in the business address of the licensee.10
F. All licenses issued pursuant to this Section are valid for one year, and11
shall be renewed annually to remain valid.12
§1597.15. Application for an elevator inspection firm license; requirements to13
maintain14
A. In order to engage in elevator inspections required by this Subpart,15
a firm shall apply for and obtain a license for each operating location doing16
business in the state.17
B. The fire marshal shall, by rule adopted in accordance with the18
Administrative Procedure Act, establish qualifications for the licensing of firms19
as elevator inspection firms, which shall include the following, at minimum:20
(1) A completed firm application.21
(2) Documentation that the firm is an entity duly authorized to conduct22
business within this state. If the firm is physically located in Louisiana,23
documentation shall be in the form of a local or parish occupational license and24
if incorporated, registration with the secretary of state. If the firm is physically25
located outside of the state, documentation shall be in the form of registration26
with the secretary of state as a foreign corporation including the name of the27
firm's registered agent of service.28
(3) An original certificate of insurance documenting that the firm has29 SB NO. 602
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a minimum of one million dollars bodily insurance and five-hundred thousand1
dollars property damage insurance.2
(4) A current and valid workers' compensation insurance policy which3
meets at least the statutory minimum required by state law.4
(5) The name of the person who will serve as the designated agent of the5
company.6
(6) Proof of employment of an elevator inspector licensed pursuant to7
this Subpart.8
C. Each firm as a condition of licensure shall be open for inspection by9
the fire marshal at any reasonable time for the purpose of observation and10
collection of facts and data relating to proper enforcement of this Subpart. No11
person acting on behalf of the firm shall refuse to admit the fire marshal to an12
operating location. Firms physically located outside of Louisiana may be13
charged for the travel expenses of the fire marshal to conduct such an14
inspection.15
D. As a further condition of licensure, the acceptance of a license by a16
firm shall be deemed as consent to submit to the reasonable requests for17
documentation by the fire marshal and to cooperate in a lawful investigation by18
the fire marshal. Refusal to cooperate with any lawful investigation by the fire19
marshal shall be subject to any penalty as outlined in this Subpart, or20
administrative rules adopted pursuant to this Subpart, including suspension or21
revocation of license.22
E. Each firm shall clearly display its license in a conspicuous location at23
its place of business.24
F. The designated agent of an elevator inspection firm shall notify the25
fire marshal within ten days of the following:26
(1) Any change in the business address of the firm.27
(2) Any change in ownership of or interest in the firm.28
(3) Any change in the employment of a person holding an individual29 SB NO. 602
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license.1
G. No elevator inspection firm shall cause an elevator inspection to2
occur unless the inspection is conducted by an elevator inspector licensed3
pursuant to this Subpart.4
§1597.16. Powers and duties of state fire marshal; licensure5
The state fire marshal shall:6
(1) Evaluate the qualifications of firms or persons applying for or7
maintaining a license pursuant to this Subpart.8
(2) Have authority to conduct examinations to ascertain the9
qualifications and fitness of applicants for a license pursuant to this Subpart.10
(3) Issue full or provisional licenses to firms and persons that meet the11
qualifications established by this Subpart.12
(4) Evaluate the qualifications of firms seeking licensure.13
(5) Have authority, after notice and opportunity for hearing, to increase14
or decrease the limits of insurance coverage and authorize acceptance of surplus15
lines coverage if the state fire marshal determines that due to loss experience,16
market conditions, or other good reason, the liability insurance coverage17
required by this Subpart is unavailable to applicants for or holders of licenses.18
(6) Have authority to conduct inspections of licensed firms, whether in19
state or out of state, for the purpose of observation and collection of facts and20
data relating to proper enforcement of this Subpart.21
(7) Investigate all written complaints lodged against firms or individuals22
who are alleged to have violated this Subpart and pursue administrative action23
against the firms or individuals.24
§1597.17. Prohibited acts25
No person or firm shall do any of the following:26
(1) Engage in conveyance device inspections without a valid license.27
(2) Aid and abet an unlicensed individual, employee, or firm in a28
conveyance device inspection or inspections.29 SB NO. 602
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(3) Inspect a conveyance device contrary to applicable codes, standards,1
or manufacturer's specifications without specific written authorization from the2
office of the state fire marshal.3
(4) Submit an application or any other document to the office of the4
state fire marshal when the person reasonably should have known that the5
document contained false or misleading information.6
(5) Engage in false, misleading, or deceptive acts or practices.7
(6) Fail to maintain a valid license as required by this Subpart.8
(7) Fail to maintain a valid insurance policy as required by this Subpart.9
(8) Refuse to admit the state fire marshal or his designated10
representative to an operating location or refuse to cooperate in the purposes11
of such admittance as required by this Subpart.12
(9) Fail to maintain his license on his person and to present it for13
inspection as required by this Subpart.14
(10) Refuse to cooperate with any lawful investigation by the office of the15
state fire marshal.16
(11) Fail to abide by the administrative rules promulgated pursuant to17
this Subpart.18
§1597.18. Notice, hearing, and revocation of certificate or license19
The license as provided for in this Subpart may be revoked or suspended20
after notice and hearing in accordance with the Administrative Procedure Act21
and upon a finding that a person or firm:22
(1) Willfully violated any provision of this Subpart or any rule,23
regulation, or order adopted hereunder.24
(2) Used deceit or false or misleading information in obtaining any25
certificate or license pursuant to this Subpart.26
(3) Has been professionally incompetent or grossly negligent.27
(4) Has assisted any person attempting to evade the provisions of this28
Subpart, or any rules or regulations adopted hereunder.29 SB NO. 602
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§1597.19. Penalties1
A.(1) In addition to or in lieu of administrative sanctions provided in2
this Subpart, the state fire marshal is empowered to issue an order to any3
person or firm engaged in any activity, conduct, or practice constituting a4
violation of any provision of this Subpart, directing such person or firm to cease5
and desist from such activity, conduct, or practice. Such order shall be issued6
in the name of the state of Louisiana under the official seal of the state fire7
marshal.8
(2) If the person or firm to whom the state fire marshal directs a cease9
and desist order does not cease and desist the prohibited activity, conduct, or10
practice immediately after service of such cease and desist order by certified11
mail or personal service, the state fire marshal may seek, in any court of12
competent jurisdiction and proper venue, a writ of injunction enjoining such13
person or firm from engaging in any activity, conduct, or practice prohibited14
by this Subpart.15
(3) Upon a proper showing by the state fire marshal that such person or16
firm has engaged in any activity, conduct, or practice prohibited by this17
Subpart, the court shall issue a temporary restraining order restraining the18
person or firm from engaging in unlawful activity, conduct, or practices19
pending the hearing on a preliminary injunction, and in due course a20
permanent injunction shall be issued after a hearing, commanding the cessation21
of the unlawful activity, conduct, or practices.22
(4) A temporary restraining order, preliminary injunction, or23
permanent injunction issued under this Subpart shall not be subject to being24
released upon bond.25
(5) In the suit for an injunction, the state fire marshal may demand of26
the defendant a penalty of fifty dollars per day for each violation, reasonable27
attorney fees, and court costs. Judgment for penalty, attorney fees, and court28
costs may be rendered in the same judgment in which the injunction is made29 SB NO. 602
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words in boldface type and underscored are additions.
absolute.1
B. If the state fire marshal finds that any person or firm has violated any2
provision of this Subpart or any regulation, rule, or order issued hereunder, he3
may impose upon that person or firm a fine in an amount not to exceed five4
thousand dollars for each violation. The state fire marshal shall establish and5
promulgate a fine schedule pursuant to the Administrative Procedure Act.6
C. Procedures for the imposition of fines and appeals of such fines shall7
be governed by the Administrative Procedure Act.8
§1597.20. Conveyance Devices Safety Fund9
A. There is hereby created, as a special fund in the state treasury, the10
Conveyance Devices Safety Fund. The source of monies for the fund shall be all11
monies collected pursuant to this Subpart, and grants, gifts, and donations and12
any other monies received by the state to fulfill the purpose of this Subpart13
which are appropriated to the fund.14
B. After compliance with the requirements of Article VII, Section 9(B)15
of the Constitution of Louisiana, relative to the Bond Security and Redemption16
Fund, an amount equal to that deposited into the state treasury from the17
foregoing sources shall be deposited in and credited to the fund. The monies in18
the fund shall be invested by the treasurer in the same manner as the state19
general fund, and interest earnings shall be deposited into the fund. All20
unexpended and unencumbered monies remaining in the fund at the end of each21
fiscal year shall remain in the fund.22
C. Monies in the fund shall be subject to annual appropriation by the23
legislature for the exclusive use of the Department of Public Safety and24
Corrections, office of the state fire marshal, in implementing the provisions of25
this Subpart. The monies in the fund shall be allocated and disbursed by the26
deputy secretary of Department of Public Safety and Corrections, public safety27
services, for the exclusive use by the office of the state fire marshal in28
implementing this Subpart.29 SB NO. 602
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§1597.21. Liability1
A. This Subpart shall not be construed to relieve or lessen the2
responsibility or liability of any person, firm, or corporation owning, operating,3
controlling, maintaining, erecting, constructing, installing, altering, inspecting,4
testing, or repairing any conveyance device or other related mechanisms5
regulated by this Subpart for damages to persons or property caused by any6
defect in devices.7
B. In addition, the state shall not assume any such liability or8
responsibility or any liability to any person or firm for any reason whatsoever9
by the adoption of this Subpart or any acts or omissions arising hereunder.10
§1597.22. State law, code, or regulation11
Whenever a provision in this Subpart is found to be inconsistent with12
any other provision of applicable state law, code, or regulation, the other13
applicable state law shall prevail. This Subpart, unless specifically stated14
otherwise, is not intended to establish more stringent or more restrictive15
standards than those standards set forth in the applicable state law.16
§1597.23. Permits issued by political subdivisions17
Nothing in this Subpart shall prohibit political subdivisions from18
requiring local permits for the erection, construction, installation, inspection,19
or alteration of conveyance devices.20
* * *21
Section 3. The provisions of this Act shall not be implemented, applied, or enforced22
until the final adoption and promulgation of all necessary rules and regulations are23
promulgated by the office of the state fire marshal. The office of the state fire marshal shall,24
upon the effective date of this Act, immediately commence the process of promulgating such25
rules and regulations.26 SB NO. 602
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The original instrument was prepared by Julie J. Baxter. The following
digest, which does not constitute a part of the legislative instrument, was
prepared by Michelle Ducharme.
DIGEST
Nevers (SB 602)
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 of the Conveyance Devices Safety Act.
Proposed law lists the conveyance devices that will be exempt from the registration and
inspection requirements of the Conveyance Devices Safety Act.
Proposed law provides guidelines for which standards existing and newly installed
conveyance devices must meet.
Proposed law provides that a parish or municipality that, prior to April 1, 2015, has adopted
and is enforcing a nationally recognized standards or codes for conveyance devices may
continue to enforce such codes in place of the codes required by proposed law and in such
instances no additional inspections shall be required; however, such codes or standards shall
contain requirements that are substantially equal to the fire marshal's code with respect to
conveyance devices.
Proposed law requires the office of the state fire marshal to promulgate rules providing for
the following:
(1)Registration by the owner of each conveyance device installed prior to April 1, 2015,
except those in one- or two-family dwellings. Provides that the owner of the
conveyance device shall register the device with the state fire marshal's office by
April 1, 2016.
(2)Registration by an elevator contractor who installs a conveyance device on or after
April 2, 2016, including those installed in one- or two-family dwellings. Provides
that the elevator contractor shall cause the device to be registered and inspected by
a licensed elevator inspector prior to the device being put into use. Provides that the
elevator inspector shall be independent of the elevator contractor that installed the
elevator.
(3)That 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. Provides that 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. Provides that 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 SB NO. 602
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of remediation required to be made and the time frame in which the
remediation shall be made.
(c)The owner shall dispute the findings of any report by requesting a hearing
with the board of review, R.S. 40:1578.1.
(d)The licensed elevator inspector shall place a notice on a conveyance device
he inspected indicating his name and the date that the device met applicable
standards according to his inspection.
(5)Application of those 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, and Automated People
Mover Standards which are applicable to conveyance devices or elevators, to each
conveyance device inspected.
(6)Implementation of the Conveyance Devices Safety Act under proposed law upon the
appropriation of funds through any source of funding made available for this
purpose.
(7)Establishing qualifications for the licensing of firms as elevator inspection firms.
(8)Establishing qualifications for the licensing of persons as elevator inspectors.
Proposed law authorizes the office of the state fire marshal to put a 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 conveyance devices required pursuant to proposed law be
conducted by licensed elevator inspectors.
Proposed law provides for fines and penalties for violations of proposed law.
Effective August 1, 2014.
(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)
Summary of Amendments Adopted by Senate
Committee Amendments Proposed by Senate Committee on Commerce, Consumer
Protection, and International Affairs to the original bill
1. Provides relative to local standards regulating conveyance devices.