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Regular Session, 2014
SENATE BILL NO. 684 (Substitute of Senate Bill No. 602 by Senator Nevers)
BY SENATOR NEVERS
COMMERCIAL REGULATIONS. Requires a study by the office of state fire marshal to
determine the cost of requiring regulation and inspection of elevators and other conveyance
devices. (8/1/14)
AN ACT1
To enact Subpart A-1, Part III of Chapter 7 of Title 40 of the Louisiana Revised Statutes of2
1950, to be comprised of R.S. 40:1597.1 and 1597.2, relative to elevators and3
conveyance devices; to provide for the office of state fire marshal to conduct a study4
and report on the cost of implementation and structure of fees necessary to require5
registration of elevator and conveyance devices, requiring compliance with certain6
codes, the issuance of inspector licenses, and the necessity for promulgation of7
administrative rules; to provide for certain reporting deadlines; and to provide for8
related matters.9
Be it enacted by the Legislature of Louisiana:10
Section 1. Subpart A-1, Part III of Chapter 7 of Title 40 of the Louisiana Revised11
Statutes of 1950, to be comprised of R.S. 40:1597.1 and 1597.2, is hereby enacted to read12
as follows: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 SB NO. 684
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§1597.2. Purpose; administration and enforcement; initial study1
A.(1) The purpose of this Subpart is to provide for the safety of the2
persons utilizing and working with conveyance devices, as well as to promote3
public safety awareness by requiring conveyance device inspections by licensed4
elevator inspectors.5
(2) The use of unsafe and defective conveyance devices imposes the6
probability of injury to the persons exposed to these unsafe devices. The7
prevention of these injuries is in the best interest of the people of this state.8
(3) Adequate protection for safety should be afforded in every9
conveyance device to which this Subpart applies. The study shall include a10
determination of whether such protection standards shall comply with the latest11
editions of the American Society of Mechanical Engineers (ASME) Safety Code12
for Elevators and Escalators, ASME A17.1; ASME Performance-Based Safety13
Code for Elevators and Escalators A17.7; the ASME Safety Code for Existing14
Elevators and Escalators, A17.3; the ASME Safety Standards for Platform Lifts15
and Stairway Chairlifts, A18.1; ASME Standard for the Qualification of16
Elevator Inspectors, QEI-1; and Automated People Mover Standards, ASCE 21.17
B.(1) The Department of Public Safety and Corrections, office of state18
fire marshal, shall study the cost of implementation of and promulgation of19
rules and regulations under the Administrative Procedure Act necessary to20
adopt the standards set forth in this Subpart, and shall include in its study the21
following:22
(a) An inventory of the estimated number of elevators and conveyance23
devices in Louisiana which would fall under the requirements of this Subpart.24
(b) Whether and which standards of the American Society of25
Mechanical Engineers and American National Standards Institute, Safety Code26
for Elevators and Escalators and American Society of Mechanical Engineers27
Safety Standards for Platform Lifts and Stairway Chairlifts, American Society28
of Civil Engineers, Automated People Mover Standards, should be applicable29 SB NO. 684
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to conveyance devices or elevators, and that each conveyance device inspected1
shall meet.2
(c) Identification of fees necessary for the office of state fire marshal to3
develop a registration and enforcement program to ensure compliance with4
these national codes and requirements.5
(d) The cost of such an enforcement program and identifying the means6
of financing such costs. The study should include but not be limited to: the7
identification of property locations which would be subject to regulation; the8
mechanism for issuing notifications to violating property owners; the procedure9
and cost of random onsite inspections and tests on existing installations, periodic10
inspections and testing to ensure satisfactory installation; and the cost of11
developing a public awareness program.12
(e) A comparison of fee structures used in other states to enforce13
compliance with the safety requirements of this Subpart.14
(f) Recommendations on whether to "grandfather" in parishes,15
municipalities or other entities which have adopted and enforce a nationally16
recognized standard or code for conveyance devices, when those codes or17
standards contain requirements that are substantially equal to the fire18
marshal's code with respect to conveyance devices.19
(g) Requirements for licensure of elevator inspectors.20
(2) The office of state fire marshal shall include in its study input from21
various groups and industry personnel, including but not limited to22
representatives of major elevator manufacturing companies, representatives of23
elevator servicing companies, representatives of the architectural design24
profession, members of the general public who are physically disabled,25
representatives of parishes and municipalities, representatives of building26
owners or managers, and representatives of labor involved in the installation,27
maintenance, and repair of elevators.28
(3) On or before February 1, 2015, the office of state fire marshal shall29 SB NO. 684
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report the findings and recommendations of this study to the Senate Finance1
Committee, the House Appropriations Committee, the Senate Commerce,2
Consumer Protection and International Affairs Committee, and the House3
Commerce Committee.4
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Julie J. Baxter.
DIGEST
Nevers (SB 684)
Proposed law provides for the Conveyances Devices Safety Act.
Proposed law requires that the Department of Public Safety and Corrections, office of state
fire marshal, shall study the cost of implementation of and promulgation of rules and
regulations under the Administrative Procedure Act necessary to adopt certain standards.
Proposed law provides that on or before February 1, 2015, the office of state fire marshal
shall report the findings and recommendations of this study to the Senate Finance
Committee, the House Appropriations Committee, the Senate Commerce, Consumer
Protection and International Affairs Committee, and the House Commerce Committee.
Effective August 1, 2014.
(Adds R.S. 40:1597.1 and 1597.2)