An Act To License Operators of Personnel Hoists
Maine Legislature, Session 130, LD 1168
Committee: Innovation, Development, Economic Advancement and Business
Sponsors: ROBERTS, BAILEY, CUDDY
Amends: 5 MRSA §12004-A, 32 MRSA §15203-A, 10 MRSA §9725, 32 MRSA §15202, 32 MRSA §15203, 32 MRSA §15204, 32 MRSA §15205-A, 32 MRSA §15206-A, 32 MRSA §15208, 32 MRSA §15208-A, 32 MRSA §15209, 32 MRSA §15209-A, 32 MRSA §15210, 32 MRSA §15211, 32 MRSA §15213, 32 MRSA §15214, 32 MRSA §15215-A, 32 MRSA §15216, 32 MRSA §15216-C, 32 MRSA §15221, 32 MRSA §15226, 32 MRSA §15227, 32 MRSA §15228, 32 MRSA §15229

Legislative Document
No. 1168
H.P. 846
House of Representatives, March 22, 2021
An Act To License Operators of Personnel Hoists
Received by the Clerk of the House on March 18, 2021.  Referred to the Committee on 
Innovation, Development, Economic Advancement and Business pursuant to Joint Rule 308.2 
and ordered printed pursuant to Joint Rule 401.
ROBERT B. HUNT
Clerk
Presented by Representative ROBERTS of South Berwick.
Cosponsored by Representatives: BAILEY of Gorham, CUDDY of Winterport.
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  5 MRSA §12004-A, sub-§50 is enacted to read:
50.   
Elevator Advisory Board
$35/Day
MRSA §15203-A
Sec. 2.  10 MRSA §9725, sub-§7, as amended by PL 2013, c. 70, Pt. B, §3, is further 
amended to read:
7.  Elevator standards.  Elevator standards adopted pursuant to Title 32, section 
15205‑A 15203-A, subsection 11.
Sec. 3.  32 MRSA §15202, sub-§2-A, as enacted by PL 2001, c. 573, Pt. B, §2 and 
affected by §36, is amended to read:
2-A.  Chief inspector.  "Chief inspector" means an individual in the employ of the 
State whose duties include the examination and inspection of elevators and tramways and 
who has been designated as chief inspector by the Commissioner of Professional and 
Financial Regulation Elevator Advisory Board.
Sec. 4.  32 MRSA §15202, sub-§5-B is enacted to read:
5-B.  Elevator Advisory Board or board.  "Elevator Advisory Board" or "board" 
means the Elevator Advisory Board under section 15203-A. 
Sec. 5.  32 MRSA §15202, sub-§7-B, as amended by PL 2013, c. 70, Pt. D, §4, is 
further amended to read:
7-B.  Licensed private elevator inspector or licensed private elevator and lift 
inspector.  "Licensed private elevator inspector" or "licensed private elevator and lift 
inspector" means an individual who has been licensed by the director board to inspect 
elevators pursuant to this chapter and who is not a state employee whose duty is to inspect 
elevators.
Sec. 6.  32 MRSA §15202, sub-§8, as amended by PL 2013, c. 70, Pt. D, §5, is 
further amended to read:
8.  Licensed private tramway inspector.  "Licensed private tramway inspector" 
means an individual who has been licensed by the director board to inspect tramways 
pursuant to this chapter and who is not a state employee whose duty is to inspect tramways.
Sec. 7.  32 MRSA §15202, sub-§12-A is enacted to read:
12-A.  Personnel hoist.  "Personnel hoist" means a hoist that moves individuals and 
material to and from an elevated level, that is not an integral part of a building and that is 
installed during construction, alteration or demolition operations.
Sec. 8.  32 MRSA §15202, sub-§12-B is enacted to read:
12-B.  Personal hoist operator.  "Personnel hoist operator" means an individual who 
has a license to operate a personnel hoist.
Sec. 9.  32 MRSA §15203, first ¶, as amended by PL 2013, c. 70, Pt. D, §6, is 
further amended to read:
This chapter may not be construed to prevent the use or sale of elevators in this State 
that were being used or installed prior to January 1, 1950 and that have been made to 
conform to the rules of the director board covering existing installations and must be 
inspected as provided for in this chapter.
Sec. 10.  32 MRSA §15203-A is enacted to read:
§15203-A.  Elevator Advisory Board
1.  Board administers. The Elevator Advisory Board, as established in Title 5, section 
12004-A, subsection 50, shall administer this chapter. 
2.  Board membership. The board consists of 10 members as follows:
A.  The chief inspector;
B.  One member who is an elevator contractor;
C.  One member who is a municipal code enforcement officer employed by a 
municipality;
D.  One member who represents a liability insurance company licensed to write 
elevator insurance in the State; 
E.  One member who represents elevator manufacturers;
F.  One member who represents a trade union of employees involved in the installation, 
modernization, maintenance and repair of elevators;
G.  One member who is a licensed private elevator inspector; 
H.  One member who is a licensed private elevator mechanic under this chapter;
I.  One member who represents building owners; and
J.  One member who represents the Office of the State Fire Marshal.
3.  Appointments; terms. The Governor shall make all board appointments for terms 
of 4 years. Appointments of members must comply with Title 10, section 8009.
4.  Duties. Board duties include the following:
A.  Review of regulations;
B.  Hearing appeals;
C.  Granting of variances;
D.  Provision of technical assistance;
E.  Advising the commissioner and department; and
F.  Other duties as necessary for oversight of elevator safety. 
5.  Officers. The Governor shall designate one member as the chair of the board. The 
board shall elect a secretary at its first meeting of each term and the secretary shall serve 
for the term. 
6.  Quorum. A majority of the board must be present to conduct business. 
7.  Conflicts and duties. Board members shall act specifically in the interest of the 
public at large.  Board members who have a potential conflict of interest shall recuse 
themselves from the discussion and voting of any business in which the members have a 
private interest.  
8.  Dismissal. Any board member who is absent from 3 consecutive meetings must be 
dismissed and a new member must be appointed within 60 days.  
9.  Compensation and expenses. Members of the board must be compensated 
according to the provisions of Title 5, chapter 379. 
10.  Staff support. The commissioner shall provide necessary staffing services to the 
board as determined appropriate by the commissioner.
11.  Rule-making authority.  The board shall establish guidelines and adopt rules 
necessary for the proper administration and enforcement of this chapter. Rules adopted 
pursuant to this subsection are routine technical rules as defined in Title 5, chapter 375, 
subchapter 2-A. The rules must address, but are not limited to:
A. Requirements for the safe and proper construction, installation, alteration, repair, 
use, operation and inspection of elevators and tramways in this State. The rules must 
include standards for the review and audit of inspections performed by licensed private 
elevator inspectors not employed by the State. The rules must conform as nearly as 
practicable to the established standards as approved by the American National 
Standards Institute or its successor or other organization approved by the board;
B. Requirements for licensure and license renewal of private elevator and lift 
inspectors, including requirements for examination and continuing education; and 
C. Requirements for licensure and license renewal of elevator and lift mechanics, 
including requirements for examination and continuing education.
Sec. 11.  32 MRSA §15204, first ¶, as amended by PL 2013, c. 70, Pt. D, §7, is 
further amended to read:
A person aggrieved by an order or act of the chief inspector or a deputy inspector under 
this chapter may, within 15 days after notice of the order or act, appeal from the order or 
act to the director board, who shall hold a hearing pursuant to Title 5, chapter 375, 
subchapter 4.  After the hearing, the director board shall issue an appropriate order either 
approving or disapproving the order or act.
Sec. 12.  32 MRSA §15205-A, as enacted by PL 2013, c. 70, Pt. D, §9, is repealed.
Sec. 13.  32 MRSA §15206-A, as amended by PL 2013, c. 70, Pt. D, §11, is further 
amended to read:
§15206-A.  Denial or refusal to renew license; disciplinary action
The director board may deny a license, refuse to renew a license or impose the 
disciplinary sanctions authorized by Title 10, section 8003, subsection 5‑A 5 for any of the 
reasons enumerated in Title 10, section 8003, subsection 5‑A, paragraph A therein or in 
accordance with the rules established by the board.
Sec. 14.  32 MRSA §15208, first ¶, as amended by PL 2013, c. 70, Pt. D, §12, is 
further amended to read:
The director board shall set standards necessary for the licensure and renewal of private 
elevator and lift inspectors.  The fee for applications, examinations, licenses and renewals 
must be established by the director pursuant to section 15225‑A and Title 10, section 8003, 
subsection 2‑A, paragraph D.
Sec. 15.  32 MRSA §15208-A, as amended by PL 2013, c. 70, Pt. D, §13, is further 
amended to read:
§15208-A.  Registration of elevator contractors
Any person, firm, partnership, association, corporation or company engaged in the 
installation, sale, service, maintenance or inspection of elevators in this State shall register 
with the director board.  The registration must be submitted on a form provided by the 
director board and must include the names and addresses of all licensed private inspectors, 
licensed mechanics and all helpers employed by the elevator contractor.  An elevator 
contractor shall notify the director board of any change in the information required under 
this section within 30 days of the change.  The required fee for registration must be set by 
the director under section 15225‑A.
Sec. 16.  32 MRSA §15209, first ¶, as amended by PL 2013, c. 70, Pt. D, §14, is 
further amended to read:
The director board shall license an applicant as a private tramway inspector, who may 
perform the inspections required on tramways, if that applicant:
Sec. 17.  32 MRSA §15209, sub-§1, as amended by PL 2013, c. 70, Pt. D, §15, is 
further amended to read:
1.  Registration.  Is a professional engineer with a current valid registration in some 
state.  If an applicant for a private tramway inspector's license demonstrates to the director 
board that the applicant possesses more than 6 years' experience in the construction, design, 
inspection and operation of tramways, this registration requirement may be waived by the 
director board;
Sec. 18.  32 MRSA §15209-A, as amended by PL 2013, c. 70, Pt. D, §17, is further 
amended to read:
§15209-A.  Private wire rope inspectors; licenses
The director board may issue a license to an applicant as a private wire rope inspector, 
who may perform the inspections required for each tramway equipped with wire rope, if 
that applicant has a total of 5 years' experience in wire rope manufacture, installation, 
maintenance or inspection and meets the requirements of this chapter and rules adopted by 
the director board.  A private wire rope inspector's license is issued for a period of one year.  
The license fee must be set by the director under section 15225‑A.
Sec. 19.  32 MRSA §15210, as amended by PL 2013, c. 70, Pt. D, §18, is further 
amended to read:
§15210.  Revocation of private tramway or elevator inspector's license
The director board may revoke a private tramway, elevator or lift inspector's license 
for the following causes:
1.  Failure to submit true reports.  For failure to submit true reports concerning the 
conditions of a tramway or elevator or for conduct determined by the director board to be 
contrary to the best interests of tramway or elevator safety or the director board; and
2.  Physical infirmities.  For physical infirmities that develop to a point at which it 
appears that an inspector is no longer able to perform the required duties in a thorough and 
safe manner.
Sec. 20.  32 MRSA §15211, sub-§1, as amended by PL 2013, c. 70, Pt. D, §19, is 
further amended to read:
1.  Reporting accidents.  Each elevator or tramway accident that is caused by 
equipment failure or results in significant injury to a person or results in substantial damage 
to equipment must be reported by the owner or lessee to the chief inspector in accordance 
with the director's board's rules.
Sec. 21.  32 MRSA §15213, first ¶, as amended by PL 2013, c. 70, Pt. D, §20, is 
further amended to read:
A person may not service, repair, alter or install any elevator unless that person is 
licensed as an elevator or lift mechanic under this chapter.  Elevator work in industrial 
plants and manufacturing plants may be performed by plant personnel who are not licensed 
under this chapter if the work is supervised by the plant engineer and performed in 
compliance with rules adopted by the director board.
Sec. 22.  32 MRSA §15214, as amended by PL 2013, c. 70, Pt. D, §21, is further 
amended to read:
§15214.  Issuance Mechanic's license issuance; qualifications
The director board shall issue an elevator or lift mechanic's license to any applicant 
who has at least 2 years' experience in the service, repair, alteration or installation of 
elevators and lifts while employed by an elevator company, or has equivalent experience 
as defined by rules of the director board, and meets the requirements established pursuant 
to section 15216.
A licensed elevator or lift mechanic may not have more than 2 helpers under direct 
supervision. These helpers need not be licensed.
A licensed elevator or lift mechanic shall comply with the provisions of this chapter 
and the rules adopted by the director board.
Sec. 23.  32 MRSA §15215-A is enacted to read:
§15215-A.  Personnel hoist operator license issuance; qualifications
1.  License required.  Except as provided under subsection 2, a person may not operate 
a personnel hoist in this State unless that person holds a valid license issued by the board, 
if the personnel hoist:
A.  Is used for the purpose of construction, alteration or demolition; and
B.  Is used at a site involving work on structures over a specified height, as established 
in rule, where an outside hoist is used. 
2.  Exceptions.  A license to operate a personnel hoist is not required:
A.  In cases of emergency, during which operation of a personnel hoist without a license 
may be permitted for a period not exceeding 2 consecutive days, as long as the 
commissioner is immediately notified. Such periods may be extended by the 
commissioner when necessary to avoid undue hardship, but no single extension may 
exceed a period of 7 consecutive days;
B.  To operate automatic operation or continuous pressure operation passenger or 
freight elevators or existing shipper rope elevators when equipped with proper 
safeguards, as established by the department in rule, except when an operator remains 
in permanent charge of such elevators or when a car switch is employed; and
C.  For elevator inspectors or elevator contractors or mechanics engaged in the 
construction, maintenance or repair of elevators or elevator hoist ways.
3.  License issuance.  The board shall issue a license to any person under this chapter 
who:
A.  Is at least 18 years of age;
B.  Holds an active, unrestricted driver's license issued by the State;
C.  Presents to the board a current certification of medical fitness, as described in rule;
D.  Presents to the board proof of successful completion of a written examination 
demonstrating competency in the operation of personnel hoists.  The examination must 
incorporate nationally recognized certifications and national guidelines pertaining to 
the operation of heavy equipment, including guidelines established by the United States 
Department of Labor and Occupational Health and Safety Administration, as well as 
standards established by the American National Standards Institute, or its successor 
organization, or guidelines established by the American Society of Mechanical 
Engineers, or its successor organization: and
E.  Presents to the board proof of successful completion of a practical examination on 
the operation of a personnel hoist.  The examination must include a demonstration of 
knowledge regarding passenger safety.
Sec. 24.  32 MRSA §15216, as amended by PL 2013, c. 70, Pt. D, §22, is further 
amended to read:
§15216.  Examination of elevator or lift mechanics; applications; licenses; renewals
The director board shall set standards necessary for the licensure and renewal of 
elevator or lift mechanics.  The fee for applications, examinations, licenses and renewals 
must be established by the director pursuant to section 15225‑A and Title 10, section 8003, 
subsection 2‑A, paragraph D.  Licenses are issued for a period of one year.
Sec. 25.  32 MRSA §15216-C, as amended by PL 2013, c. 70, Pt. D, §23, is further 
amended to read:
§15216-C.  License renewal
Any license issued under this chapter is renewable upon satisfaction of the applicable 
requirements for renewal and payment of the renewal fee as set by the director under 
section 15225‑A.  The expiration dates for licenses issued under this chapter may be 
established at such other times as the commissioner board may designate.
A license may be renewed up to 90 days after the date of its expiration upon payment 
of a late fee in addition to the renewal fee as set under section 15225‑A.  Any person who 
submits an application for renewal more than 90 days after the license expiration date must 
pay an additional late fee as set under section 15225‑A and is subject to all requirements 
governing new applicants under this chapter, except that the director board, after giving 
due consideration to the protection of the public, may waive the examination and other 
requirements.  Notwithstanding any other provision of this chapter, the director board shall 
waive the examination if a renewal application is made within 90 days after separation from 
the United States Armed Forces, under conditions other than dishonorable, by a person who 
failed to renew that person's license because that person was on active duty in the Armed 
Forces; except that the waiver of examination may not be granted if the person served a 
period of more than 4 years in the Armed Forces, unless that person is required by some 
mandatory provision to serve a longer period and that person submits satisfactory evidence 
of this mandatory provision to the director board.
Sec. 26.  32 MRSA §15221, as amended by PL 2013, c. 70, Pt. D, §§24 to 27, is 
further amended to read:
§15221.  Inspection of elevators and tramways
1.  Fees; inspection certificate.  Each elevator or tramway proposed to be used within 
this State must be thoroughly inspected by either the chief inspector, a deputy inspector or 
a licensed private elevator or tramway inspector and, if found to conform to the rules of the 
director board, the director board shall issue to the owner an inspection certificate.  Fees 
for inspection and certification of elevators and tramways must be set by the director under 
section 15225‑A and must be paid by the owner of the elevator or tramway.  The certificate 
must specify the maximum load to which the elevator or tramway may be subjected, the 
date of its issuance and the date of its expiration.  The elevator certificate must be posted 
in the elevator and the tramway certificate at a conspicuous place in the machine area.
2.  Scheduled inspections.  The owner of an elevator shall have the elevator inspected 
annually by a licensed private elevator inspector, the chief inspector or a deputy inspector.  
The owner of a tramway shall have the tramway inspected by a licensed private tramway 
inspector, the chief inspector or a deputy inspector twice each year.  One tramway 
inspection must be made when weather conditions permit a complete inspection of all 
stationary and moving parts. The 2nd tramway inspection must be made while the tramway 
is in operation.
3.  Temporary suspension of inspection certificate; condemnation card.  When, in 
the inspector's opinion, the elevator or tramway can not cannot continue to be operated 
without menace to the public safety, the chief inspector or deputy inspector may 
temporarily suspend an inspection certificate in accordance with Title 5, section 10004 and 
post or direct the posting of a red card of condemnation at every entrance to the elevator or 
tramway.  The condemnation card is a warning to the public and must be of such type and 
dimensions as the director board determines.  The suspension continues, pending decision 
on any application with the District Court for a further suspension.  The condemnation card 
may be removed only by the inspector posting it or by the chief inspector.
4.  Special certificate; special conditions.  When, upon inspection, an elevator or 
tramway is found by the inspector to be in reasonably safe condition but not in full 
compliance with the rules of the director board, the inspector shall certify to the chief 
inspector the inspector's findings and the chief inspector may issue a special certificate, to 
be posted as required in this section.  This certificate must set forth any special conditions 
under which the elevator or tramway may be operated.
5.  Inspection reports.  Licensed private tramway and elevator inspectors shall submit 
inspection reports to the owner on a form provided by the director board within 15 working 
days from the date of the inspection.
6.  Follow-up inspections.  All follow-up inspections necessary to enforce compliance 
must be performed by either the chief inspector or a deputy inspector.  A fee set by the 
director under section 15225‑A must be charged for those follow-up inspections.
7.  Certificate not transferable.  An inspection certificate may not be transferred to 
any other person, firm, corporation or association.  If ownership of an elevator or tramway 
is transferred, the new owner must apply for a new inspection certificate as required by 
section 15229, subsection 7.
Sec. 27.  32 MRSA §15226, as amended by PL 2013, c. 70, Pt. D, §29, is further 
amended to read:
§15226.  Reports by inspectors
A deputy inspector or licensed private inspector shall make a full report to the chief 
inspector, giving all data required by the rules adopted by the director board and shall report 
to the chief inspector and to the owner all defects found and all noncompliances with the 
rules.  When any serious infraction of the rules is found by a deputy inspector or licensed 
private inspector and that infraction is, in the opinion of the inspector, dangerous to life, 
limb or property, the inspector shall report that infraction immediately to the chief 
inspector.
Sec. 28.  32 MRSA §15227, first ¶, as amended by PL 2013, c. 70, Pt. D, §30, is 
further amended to read:
The director board is authorized to investigate all elevator and tramway accidents that 
result in injury to a person or in damage to the installation.
Sec. 29.  32 MRSA §15227, sub-§1, as amended by PL 2013, c. 70, Pt. D, §31, is 
further amended to read:
1.  Enforce laws and rules.  To enforce the laws of the State governing the use of 
elevators and tramways and to enforce adopted rules of the director board;
Sec. 30.  32 MRSA §15227, sub-§6, as amended by PL 2013, c. 70, Pt. D, §34, is 
further amended to read:
6.  Take uninspected or unrepaired elevators and tramways out of service.  To 
take an elevator or tramway out of service in accordance with Title 5, section 10004 if an 
inspection report has not been submitted to the director board within 60 days of the 
expiration of the most recent certificate or if the owner has failed to make repairs as 
required by the director board.  This power is in addition to the chief inspector's powers 
under section 15221, subsection 3.
Sec. 31.  32 MRSA §15228, sub-§1, as amended by PL 2013, c. 70, Pt. D, §35, is 
further amended to read:
1.  Requirements.  Notwithstanding section 15205‑A 15203-A, subsection 11, 
whenever a passenger elevator is installed in a building being newly constructed or in a 
new addition that extends beyond the exterior walls of an existing building, the passenger 
elevator must reach all levels within the building and be of sufficient size to allow the 
transport of a person on an ambulance stretcher in the fully supine position, without having 
to raise, lower or bend the stretcher in any way.  This requirement applies to all plans 
approved after January 1, 2002.  The director board shall adopt rules necessary to carry out 
the provisions of this section.  Rules adopted pursuant to this section are routine technical 
rules as defined in Title 5, chapter 375, subchapter 2-A.
Sec. 32.  32 MRSA §15229, as amended by PL 2013, c. 70, Pt. D, §36, is further 
amended to read:
§15229.  Duties of owners of elevators or tramways
1.  Owner responsibility.  The responsibility for design, construction, maintenance 
and inspection of an elevator or tramway rests with the person, firm, partnership, 
association, corporation or company that owns the elevator or tramway.
2.  Obtain inspection certificate.  The owner of an elevator or tramway shall submit 
an annual application for an annual inspection certificate together with the inspection report 
within 30 business days of the inspection and prior to the expiration of the current 
certificate.  The application must be on a form provided by the director board and must be 
accompanied by the required fee set by the director under section 15225‑A.  A late fee set 
by the director under section 15225‑A may be assessed for failure to submit the application 
and inspection report in a timely manner.
3.  Failure to qualify for inspection certificate.  The owner of an elevator or tramway 
that does not qualify for an inspection certificate shall take the elevator or tramway out of 
operation until the required repairs have been made and a new inspection certificate has 
been issued.
4.  Notify director board when required repairs made.  The owner of an elevator or 
tramway shall notify the director board when required repairs have been made and provide 
the director board with satisfactory evidence of completion.
5.  Elevator or tramway declared idle or placed out of service.  The owner of an 
elevator or tramway that has been declared idle or placed out of service in accordance with 
rules adopted by the director board shall notify the director board within 30 days of 
declaring the elevator or tramway idle.
6.  Removal.  The owner of an elevator or tramway shall notify the director board 
within 30 days of the removal of the elevator or tramway.
7.  Change of ownership.  The owner of record of an elevator or tramway shall notify 
the director board of a transfer of ownership of an elevator within 30 days of such transfer.  
The new owner shall apply, on a form provided by the director board, for a new inspection 
certificate that will be issued without the need for an additional inspection for the remainder 
of the term of the current certificate.  A fee for issuance of a new inspection certificate may 
be set by the director under section 15225‑A.
8.  Failure to comply.  In addition to the remedies available under this chapter, an 
owner who fails to comply with the provisions of this chapter or rules adopted by the 
director board is subject to the provisions of Title 10, section 8003, subsection 5 whether 
or not the elevator or tramway has a current inspection certificate, except that, 
notwithstanding Title 10, section 8003, subsection 5, paragraph A-1, subparagraph 3 (3), a 
civil penalty of up to $3,000 may be imposed for each violation.
SUMMARY
This bill establishes the Elevator Advisory Board as well as requirements for the 
licensure of operators of personnel hoists.  It creates exceptions to these licensure 
requirements for short-term emergency operation and operation by inspectors and 
operation of automatic operation or continuous pressure operation passenger or freight 
elevators or existing shipper rope elevators.