reglab/housing_qa huggingface dataset:
21 V.S.A. § 143
2021 Vermont Statutes|Title 21 - Labor|Chapter 3 - Safety|§ 143. License required

§ 143. License required|No person shall erect, construct, wire, alter, replace, or maintain any conveyance located in any public building in this State unless the person is licensed as an elevator mechanic, except that person who is licensed as a lift mechanic may erect, construct, wire, alter, replace, or maintain any conveyance located in any public building. An apprentice or helper may perform any of the activities described in this section only when a mechanic licensed under this chapter is physically present and is immediately available to direct and supervise that apprentice or helper. (Added 2001, No. 60, § 1, eff. July 1, 2002; amended 2001, No. 151 (Adj. Sess.), § 44d, eff. June 27, 2002; 2005, No. 8, § 6a, eff. April 25, 2005.)
21 V.S.A. § 144
2021 Vermont Statutes|Title 21 - Labor|Chapter 3 - Safety|§ 144. Elevator Safety Review Board; members; duties

§ 144. Elevator Safety Review Board; members; duties|(a) The Elevator Safety Review Board is established within the Department, and shall consist of seven members, one of whom shall be the Commissioner or designee, one of whom shall be the Commissioner of Labor or designee, and five members to be appointed by the Governor as follows: one representative from a major elevator manufacturing company; one representative from an elevator servicing company; an owner or manager of a multistoried building, in which a conveyance is installed; an elevator inspector; and an individual who actually installs, maintains, and repairs conveyances. The members appointed by the Governor shall be appointed for staggered terms of three years, and shall be entitled to compensation and expenses as provided in 32 V.S.A. § 1010.(b) The Board shall:  (1) Adopt rules regarding the following:  (A) Safety standards for the operation, maintenance, servicing, construction, alteration, installation, and inspection of conveyances covered by this subchapter. At a minimum, the Board shall adopt rules that include the Safety Code for Elevators and Escalators, ASME A17.1; the Safety Code for Existing Elevators and Escalators, ASME A17.3; the Safety Standards for Platform Lifts and Stairway Chairlifts, ASME A18.1; and Standard for the Qualification of Elevator Inspectors, ASME QEI-1. The Board shall amend the rules to include any changes or amendments to these standards within six months after the effective date of the standard changes. The Board may adopt rules to modify these standards as the Board deems necessary. (B) Any other rule necessary to implement this subchapter.  (2) Grant variances, provided the variance provides an equal or greater level of public safety. The decision of the Board in regard to an application for a variance shall be final.   (c) The Board may:  (1) adopt rules for temporary elevator mechanic licenses in the event of an emergency; and (2) contract with a national testing service to develop and administer licensing examinations. (Added 2001, No. 60, § 1, eff. June 16, 2001; amended 2007, No. 153 (Adj. Sess.), § 6a.)
21 V.S.A. § 145
2021 Vermont Statutes|Title 21 - Labor|Chapter 3 - Safety|§ 145. Elevator mechanic license and lift mechanic license

§ 145. Elevator mechanic license and lift mechanic license|An individual shall submit to the Commissioner a written application for an elevator mechanic or a lift mechanic license on a form provided by the Board, accompanied by the required fee. A license shall be granted to an applicant who demonstrates to the satisfaction of the Board that the applicant meets the qualifications established by the Board. An individual who holds an elevator mechanic license may work on platform lifts and stairway chairlifts without a lift mechanic license. An individual who holds only a lift mechanic license may not work on elevators without an elevator mechanic license. (Added 2001, No. 60, § 1, eff. June 16, 2001; amended 2001, No. 151 (Adj. Sess.), § 44c, eff. June 27, 2002.)
21 V.S.A. § 146
2021 Vermont Statutes|Title 21 - Labor|Chapter 3 - Safety|§ 146. Elevator inspector license

§ 146. Elevator inspector license|An individual shall submit to the Commissioner a written application for an elevator inspector license on a form provided by the Board, accompanied by the required fee. A license shall be granted to an applicant who demonstrates to the satisfaction of the Board that the applicant meets the qualifications established by the Board. (Added 2001, No. 60, § 1, eff. June 16, 2001.)
21 V.S.A. § 147
2021 Vermont Statutes|Title 21 - Labor|Chapter 3 - Safety|§ 147. Examination not required

§ 147. Examination not required|A license for elevator mechanic or inspector shall be issued to an applicant, upon application and payment of the required fee, or to an individual who holds a comparable valid license or certification from a state that has equal or more stringent requirements. (Added 2001, No. 60, § 1, eff. June 16, 2001.)
21 V.S.A. § 148
2021 Vermont Statutes|Title 21 - Labor|Chapter 3 - Safety|§ 148. Issuance and renewal of licenses; fees

§ 148. Issuance and renewal of licenses; fees|(a) A license issued by the Board shall be valid for two years. The Board may renew a license, provided the applicant submits a written application for renewal accompanied by the required fee prior to expiration of the license.(b) Applicants for license renewal shall provide evidence, satisfactory to the Board, of completion of eight hours of instruction approved by the Board, designed to ensure the continued qualifications of the applicant.(c) License and renewal fees are as follows:  (1) Elevator mechanic license: $75.00. (2) Elevator inspector license: $150.00. (3) Lift mechanic license: $50.00. (Added 2001, No. 60, § 1, eff. June 16, 2001; amended 2001, No. 151 (Adj. Sess.), § 44e, eff. June 27, 2002.)
21 V.S.A. § 149
2021 Vermont Statutes|Title 21 - Labor|Chapter 3 - Safety|§ 149. Civil penalties; suspension; revocation of license

§ 149. Civil penalties; suspension; revocation of license|After notice and hearing, the Board may suspend or revoke a license and assess administrative penalties pursuant to section 156 of this title for any of the following reasons:  (1) fraud or deceit in obtaining the license; (2) failure to notify the Department and the owner or lessee of a conveyance of noncompliance of the conveyance with the standards adopted under this subchapter; or (3) violation of any provisions of this subchapter. (Added 2001, No. 60, § 1, eff. July 1, 2002.)
21 V.S.A. § 150
2021 Vermont Statutes|Title 21 - Labor|Chapter 3 - Safety|§ 150. Registration of conveyances

§ 150. Registration of conveyances|(a) The owner or lessee of a conveyance shall register the conveyance with the Department, pursuant to rules adopted by the Board. The registration shall include the type, rated load and speed, manufacturer, location, purpose, date of installation, and any additional information the Board may require.(b) The Commissioner may, after notice and hearing, assess an administrative penalty of no more than $1,000.00 against a building owner or lessee who fails to register a conveyance as required by this subchapter. (Added 2001, No. 60, §§ 1, 3a, eff. date see notes set out below.)
21 V.S.A. § 151
2021 Vermont Statutes|Title 21 - Labor|Chapter 3 - Safety|§ 151. Permits

§ 151. Permits|(a) No conveyance shall be erected, constructed, installed, or altered in a public building unless a permit has been obtained from the Department before work is commenced. Before a material alteration, as defined by rule, is begun, the conveyance shall conform to rules adopted by the Board regulating the alteration. A copy of the permit shall be kept at the construction site at all times while work is in progress.(b) Each application for a permit shall be accompanied by a fee of $25.00, and copies of specifications and accurately scaled and fully dimensioned plans that clearly indicate location of the elevator in the building; the location of the machinery room and the equipment to be installed, relocated, or altered; all structural supporting members, including foundations; and a specification of all materials to be used and all loads to be supported or conveyed. The plans and specifications shall be sufficiently complete to illustrate all details of construction and design.(c) A permit may be revoked for any of the following reasons:  (1) a false statement or a misrepresentation of a material fact in the application, plans, or specifications on which the permit was based; (2) failure of the permittee to perform work in accordance with the conditions of the permit, the provisions of the application, plans, or specifications, or with the standards required by this subchapter; or (3) failure of the permit holder to comply with any order issued pursuant to section 154 of this title.   (d) Work shall commence within six months after the date of issuance of a permit, or within a shorter period of time as the Commissioner may specify in the permit.(e) A permit shall expire if work is suspended or abandoned for more than 60 days after work has begun, or a shorter period of time as the Commissioner may specify in the permit. For good cause shown, the Commissioner may extend this period. (Added 2001, No. 60, § 1, eff. July 1, 2002.)
21 V.S.A. § 152
2021 Vermont Statutes|Title 21 - Labor|Chapter 3 - Safety|§ 152. New installations; annual inspections and registrations

§ 152. New installations; annual inspections and registrations|(a) A new conveyance shall not be placed in operation until it has been inspected by an elevator inspector other than the installer, and a certificate of operation has been issued.(b) Every conveyance subject to this subchapter shall be inspected annually by an elevator inspector who may charge a fee for the service as established by the Board by rule. Rules adopted by the Board under this subsection shall take into account the degree of difficulty required by the inspection, the frequency of use of the conveyance, and the mode of operation of the conveyance, such as cable, traction, hydraulic, light use, or platform lift. The inspector shall notify the Department if a conveyance is found to be in violation of this subchapter or any rule adopted under this subchapter.(c) An elevator inspector shall issue a certificate of operation after the inspector has inspected a new or existing conveyance, and has determined that the conveyance is in compliance with this subchapter. A certificate of operation shall be renewed annually. An owner of a conveyance shall ensure that the required inspections and tests are performed at intervals that comply with rules adopted by the Board. Certificates of operation shall be clearly displayed on or in each conveyance.(d) The Department may issue a conditional certificate of operation for a conveyance that is not in complete compliance, provided the conveyance has been inspected and determined to be safe for temporary operation. This conditional certificate of operation shall permit a conveyance to operate for no more than 180 days or until the conveyance is in compliance, whichever occurs first.(e) The inspector shall submit $25.00 of the fee charged for each inspection to the Department for each certificate of operation issued under this subchapter.(f) As established by the Board by rule, an inspector may charge a fee not to exceed $250.00 for each inspection, and this fee shall be subject to the provisions of 32 V.S.A. chapter 7, subchapter 6.(g) [Repealed.]  (Added 2001, No. 60, § 1, eff. July 1, 2002; amended 2007, No. 153 (Adj. Sess.), § 6b.)
21 V.S.A. § 153
2021 Vermont Statutes|Title 21 - Labor|Chapter 3 - Safety|§ 153. Insurance requirements; license

§ 153. Insurance requirements; license|A licensed elevator inspector shall submit to the Department an insurance policy, or certified copy issued by an insurance company authorized to do business in Vermont, that provides general liability coverage in an amount to be determined, by rule. (Added 2001, No. 60, § 1, eff. June 16, 2001.)
21 V.S.A. § 154
2021 Vermont Statutes|Title 21 - Labor|Chapter 3 - Safety|§ 154. Enforcement

§ 154. Enforcement|(a) The Commissioner may contract with elevator inspectors to perform random on-site inspections and tests on existing conveyances, conduct periodic inspections and tests to ensure satisfactory performance by licensed individuals, and develop public awareness programs.(b) If the Commissioner finds a violation of this subchapter, the Commissioner may:  (1) order the owner of the premises or the owner's agent and the individuals performing the work to correct or remove the violation; (2) suspend or retract the permit; or (3) order the owner, a public utility, or a private party furnishing electricity to the installation not to connect or disconnect electrical energy from the conveyance until the violation is corrected. (Added 2001, No. 60, § 1, eff. June 16, 2001.)
21 V.S.A. § 155
2021 Vermont Statutes|Title 21 - Labor|Chapter 3 - Safety|§ 155. Liability

§ 155. Liability|This subchapter shall not be construed to relieve any person that owns, operates, controls, maintains, erects, constructs, installs, alters, inspects, tests, or repairs any elevator or other conveyance covered by this subchapter from liability for damages to persons or property caused by any defect in any conveyance. (Added 2001, No. 60, § 1, eff. June 16, 2001.)
21 V.S.A. § 156
2021 Vermont Statutes|Title 21 - Labor|Chapter 3 - Safety|§ 156. Penalty

§ 156. Penalty|(a) Any owner or lessee who violates any of the provisions of this subchapter shall be fined not more than $1,500.00 for each occurrence.(b) The Commissioner may, after notice and hearing, assess an administrative penalty of not more than $1,000.00 for each violation of this subchapter.(c) Any person who erects, constructs, wires, alters, replaces, or maintains any conveyance located in any public building in this State without being licensed as required by this subchapter, or who employs an unlicensed person to perform this work, shall be fined not more than $1,000.00 for each offense. (Added 2001, No. 60, § 1, eff. July 1, 2002.)
21 V.S.A. § 157
2021 Vermont Statutes|Title 21 - Labor|Chapter 3 - Safety|§ 157. Elevator Safety Fund; creation

§ 157. Elevator Safety Fund; creation|The Elevator Safety Fund is created for the purpose of funding the Elevator Safety Inspection and Licensing Program. All revenues from fees collected for licensing elevator mechanics and inspectors, and issuing permits and certificates of operation, shall be deposited in the Fund. The Commissioner, pursuant to an appropriation from the Fund, shall request disbursements from the Fund by the Commissioner of Finance and Management. The Fund shall be maintained by the State Treasurer and shall be managed in accordance with the provisions of 32 V.S.A. chapter 7, subchapter 5. (Added 2001, No. 60, § 1, eff. June 16, 2001.)
21 V.S.A. § 201
2021 Vermont Statutes|Title 21 - Labor|Chapter 3 - Safety|§ 201. Occupational policy

§ 201. Occupational policy|(a) It is the policy of the State of Vermont that in their employment all persons shall be provided by their employers with safe and healthful working conditions at their work place, and that insofar as practicable an employee shall not experience diminished health, functional capacity, or life expectancy as a result of his or her work experience.(b) It is also the policy of the State that practices and procedures prescribed by an employer for performance of work or duties by his or her employees shall not be insofar as practicable, dangerous to the life, body, or well being of the employees.(c) It is the legislative intent that:  (1) The provisions of the Occupational Safety and Health Act of 1970, as enacted by the Congress of the United States of America, which may be administered by a State agency, shall be administered and enforced in this State, by the State. (2) To effectuate the policy of the State, standards promulgated under the Occupational Safety and Health Act of 1970, enacted by Congress, and as amended at any time, when applicable to employment in the State of Vermont, shall be prescribed in rules made under this subchapter. (3) The State of Vermont shall cooperate with the appropriate federal agencies in carrying out the purposes of the Occupational Safety and Health Act of 1970 and the VOSHA Code of the State. (Added 1971, No. 205 (Adj. Sess.), § 1; amended 2013, No. 96 (Adj. Sess.), § 126.)
21 V.S.A. § 202
2021 Vermont Statutes|Title 21 - Labor|Chapter 3 - Safety|§ 202. General purpose

§ 202. General purpose|The purpose of this chapter is to provide efficient implementation of the policy of the State expressed in section 201 of this title. (Added 1971, No. 205 (Adj. Sess.), § 1.)
21 V.S.A. § 203
2021 Vermont Statutes|Title 21 - Labor|Chapter 3 - Safety|§ 203. Definitions

§ 203. Definitions|As used in this chapter:  (1) "Act" means the Occupational Safety and Health Act of 1970, enacted by the Congress of the United States of America, and rules made thereunder, as amended at any time. (2) "Commissioner" means the Commissioner of Labor or designee. (3) "Department" means the Department of Labor. (4) "Director" means the Director of Occupational Health. (5) "Division" means the Division of Occupational Health. (6) "Employee" means any person engaged in service to an employer for wages, salary or other compensation, excluding an independent contractor. (7) "Employer" means a person, as hereinafter defined, who employs one or more persons. (8) "Person" means a natural person, corporation, partnership, trust, society, club, association, or other organization, including municipalities and the State and its instrumentalities. (9) "Place of employment" means any place where an employee is engaged in performance of his or her work or duties, or which is used in connection with an employee's employment. It includes structures, buildings, machinery, equipment, tools, appliances, and materials used in connection with the employment. It also includes land and premises where an employer is carrying on any activity or business involving the use of one or more employees. (10) "Premises" means land and the structures thereon which contains a place of employment as herein defined. (11) "Rule" means a rule or regulation. (12) "VOSHA Code" means subchapters 4 and 5 of this chapter and 18 V.S.A. chapter 28, and the rules adopted thereunder. (13) "Review Board" means the Occupational Safety and Health Review Board. (14) "Secretary of Labor" means the Secretary of Labor of the United States of America. (15) "Secretary" means the Secretary of Human Services. (Added 1971, No. 205 (Adj. Sess.), § 1; amended 1973, No. 214 (Adj. Sess.), § 17; 1979, No. 121 (Adj. Sess.), § 3; 2005, No. 103 (Adj. Sess.), § 3, eff. April 5, 2006.)
21 V.S.A. § 204
2021 Vermont Statutes|Title 21 - Labor|Chapter 3 - Safety|§ 204. Rules and procedure

§ 204. Rules and procedure|(a) 3 V.S.A. chapter 25, relating to administrative procedure, shall apply to this chapter and the VOSHA Code.(b) All or part of a printed publication of standards or rules, including standards promulgated under the Act, may be made a rule or part of a rule under this chapter or the VOSHA Code, by reference in the rule to the printed publication by its title and where it may be procured at the time the rule is promulgated under this chapter. (Added 1971, No. 205 (Adj. Sess.), § 1.)
21 V.S.A. § 205
2021 Vermont Statutes|Title 21 - Labor|Chapter 3 - Safety|§ 205. Variances

§ 205. Variances|(a) In cases involving a work place, the Secretary of Human Services, in the case of health standards, and the Commissioner, in the case of safety standards, may grant a variance from a standard or any provision thereof promulgated in a rule, under the same terms, conditions, and criteria as the federal Secretary of Labor may under sections 6(b)(6) and (d) of the Act.(b) The Secretary of Human Services, in the case of health standards, and the Commissioner, in the case of safety standards, may grant a variance, tolerance, or exemption to and from any or all provisions of the VOSHA Code as found necessary and proper to avoid serious impairment of the national defense. Such action shall not be taken without the written consent of a federal official authorized to make such variation, tolerance or exemption to and from any or all provisions of the Act. (Added 1971, No. 205 (Adj. Sess.), § 1; amended 1973, No. 214 (Adj. Sess.), § 8.)
21 V.S.A. § 207
2021 Vermont Statutes|Title 21 - Labor|Chapter 3 - Safety|§ 207. Trade secrets

§ 207. Trade secrets|All information reported to or otherwise obtained by the Commissioner or the Director, or their agents, in connection with any inspection or proceeding under this chapter or the VOSHA Code, which contains or might reveal a trade secret referred to in 18 U.S.C. § 1905 shall be considered confidential, except that such information may be disclosed to other officers or employees concerned in carrying out the provisions of this chapter or the VOSHA Code. In any proceeding, the Commissioner, Director, Board, or court shall issue such orders as may be appropriate to protect the confidentiality of trade secrets. (Added 1971, No. 205 (Adj. Sess.), § 1.)
21 V.S.A. § 208
2021 Vermont Statutes|Title 21 - Labor|Chapter 3 - Safety|§ 208. Imminent danger

§ 208. Imminent danger|(a) Whenever the Commissioner finds that any workplace is in violation of any portion of the VOSHA Code or this chapter and that the violation creates a dangerous condition that can be reasonably expected to cause imminent death or serious physical harm, the Commissioner may order the workplace or any portion of the workplace to be immediately closed or order that steps be taken to avoid, correct, or remove the imminently dangerous conditions. The Commissioner may permit the presence of individuals necessary to avoid, correct, or remove the imminent danger, or to maintain the capacity of a continuous process operation to resume normal operations without complete cessation of operations, or where a cessation of operations is necessary, to permit it to be accomplished in a safe and orderly manner. On two business days' notice to the Commissioner, an order issued under this section may be contested by filing a petition in Superior Court requesting dissolution or modification of the order. In that event, the court shall proceed to hear and to make an expeditious determination.(b) In the event the court vacates or otherwise invalidates the Commissioner's order based upon a finding of willful misconduct or gross negligence, the court may determine the amount of damages suffered by the employer on account of the issuance of the order and shall enter judgment in that amount for the employer.(c) Any employer who violates an order of the Commissioner issued pursuant to subsection (a) of this section shall be fined not more than $5,000.00 per day.(d) Notice of orders issued under this section shall be served by certified mail with return receipt requested or in person to all parties who have a recorded interest in the property where land records for the property are recorded, including owners, tenants, mortgagees, attaching creditors, lien holders, and public utilities or water companies serving the premises. (Added 1971, No. 205 (Adj. Sess.), § 1; amended 1973, No. 214 (Adj. Sess.), § 10; 1985, No. 150 (Adj. Sess.), § 1; 2017, No. 11, § 50.)
21 V.S.A. § 209
2021 Vermont Statutes|Title 21 - Labor|Chapter 3 - Safety|§ 209. Appeals

§ 209. Appeals|Except as to matters provided for in subchapter 5 of this chapter, a person aggrieved by an order or action of the Commissioner under this chapter, or a rule thereunder, may appeal to the Superior Court for the order or action within 20 days after the order is issued or the action is taken. In the Superior Court, the matter will be heard de novo. Appeal may be taken to the Supreme Court from the Superior Court. The Superior Court for the county within which the appellant resides or has a place of business shall have jurisdiction. (Added 1971, No. 205 (Adj. Sess.), § 1; amended 1973, No. 193 (Adj. Sess.), § 3, eff. April 9, 1974.)