reglab/statecodes huggingface dataset:
Arkansas Code of 1987 (2023) › Title 20 - PUBLIC HEALTH AND WELFARE (§§ 20-2-101 — 20-86-113) › Subtitle 2 - HEALTH AND SAFETY (§§ 20-6-101 — 20-38-113) › Chapter 23 - BOILER SAFETY (§§ 20-23-101 — 20-23-407) › Subchapter 3 - CERTIFICATION OF BOILERS (§§ 20-23-301 — 20-23-314) › Section 20-23-312 - Inspection fees - Collection

(a)
(1)
In addition to other remedies provided for by this chapter, if after the making of any inspection or accrual of any charge or penalty required or authorized by this chapter, the fee, penalty, or charge is not paid within thirty (30) days after demand upon whoever is liable therefor, the Director of the Division of Labor may employ an attorney, who is empowered without payment of costs or giving of bond for costs to institute suit in the name of the State of Arkansas in any court of competent jurisdiction to collect the fees, penalties, costs, and charges.
(2)
(A)
The court where suit is brought pursuant to subdivision (a)(1) of this section for collection of fees, penalties, and charges shall, without limitation, based on the actual amount of the judgment award an attorney's fee equal to the actual cost to the Division of Labor or the Boiler Inspection Division for the regular hourly rate of pay of the attorney multiplied by the actual hours, including, but not limited to, travel time, litigation, and case review.
(B)
Furthermore, the court shall award, without limitation, based on the actual amount of the judgment an amount equal to all costs incurred by the Division of Labor or the Boiler Inspection Division, including, but not limited to, travel costs, witness fees, sheriff's service fees, or costs incurred pursuant to the collection of any judgment obtained by the Division of Labor or the Boiler Inspection Division.
(b)
(1)
The plaintiff in the suits is given a lien upon the boiler and all parts, connections, and attachments thereto, whether attached to the land or not, to accrue the payment of the inspection fees for making the inspection.
(2)
The lien shall attach to the property at the time of making the inspection and shall continue until all inspection fees are paid.
(3)
The lien, when it so attaches, shall be held to be prior, paramount, and superior to the liens, claims, and demands of all persons whomsoever, whether owners, agents, mortgagees, trustees, and beneficiaries under trusts or owners whether prior in time or not.
Amended by Act 2019, No. 910,§ 5459, eff. 7/1/2019.
Acts 1961, No. 494, § 6; 1970 (1st Ex. Sess.), No. 65, § 2; 1975, No. 162, § 3; 1977, No. 404, § 1; 1979, No. 526, § 3; 1981, No. 9, § 3; 1983, No. 303, § 3; A.S.A. 1947, § 81-506; Acts 1997, No. 220, § 2.
Arkansas Code of 1987 (2023) › Title 20 - PUBLIC HEALTH AND WELFARE (§§ 20-2-101 — 20-86-113) › Subtitle 2 - HEALTH AND SAFETY (§§ 20-6-101 — 20-38-113) › Chapter 23 - BOILER SAFETY (§§ 20-23-101 — 20-23-407) › Subchapter 3 - CERTIFICATION OF BOILERS (§§ 20-23-301 — 20-23-314) › Section 20-23-313 - Inspection fees - Hearing - Judgment

(a)
The plaintiff shall file notice of the lien with the clerk of the circuit court of the county in which the property is located within ninety (90) days after the date of the inspection of the property, in the form and manner substantially the same as mechanics' liens are now filed. The notices when so filed shall be docketed and placed on file as mechanics' liens are now docketed and kept on file.
(b)
If the fees are not paid within sixty (60) days after filing of the notice, the plaintiff shall institute a suit to foreclose the lien upon this property in the circuit court of the county in which the lien is filed. The suit shall be filed against the person causing the inspection to be made or claiming as interest at the time the inspection is made. It shall also name such other persons as it may believe to be interested in the property, as owners, mortgagees, or otherwise, make them defendants in the action, and cause service of process, in the manner and form as now provided by law in mechanics' liens cases, to be served upon defendants.
(c)
(1)
The suits shall be given speedy trial, and the judgment, if for the plaintiff, shall be that the plaintiff recover against the property and those found to be interested therein, the amount of the inspection fees, together with interest, cost of suit, and reasonable attorney's fees to be taxed as costs by the court.
(2)
If the cause is appealed to a higher court, then a similar fee shall be taxed as costs by the court hearing the appeal if the plaintiff shall prevail therein.
(d)
(1)
In its judgment, the court also shall order the property sold to satisfy the lien, judgment, and costs and shall order execution against the defendants against whom judgment is rendered in addition thereto for payment of any judgment and costs over the amount the property may bring at sale.
(2)
The sale shall be had and conducted in accordance with other judicial sales, as may be directed by the court in which the foreclosure proceedings are conducted.
(3)
Out of the proceeds of the sale shall be paid the judgment, costs, interest, and expenses of the sale, as in other foreclosure cases. The remainder is to be paid over to the persons decreed by the court to be rightfully entitled to it.
Acts 1961, No. 494, § 6; 1970 (1st Ex. Sess.), No. 65, § 2; 1975, No. 162, § 3; 1977, No. 404, § 1; 1979, No. 526, § 3; 1981, No. 9, § 3; 1983, No. 303, § 3; A.S.A. 1947, § 81-506.
Arkansas Code of 1987 (2023) › Title 20 - PUBLIC HEALTH AND WELFARE (§§ 20-2-101 — 20-86-113) › Subtitle 2 - HEALTH AND SAFETY (§§ 20-6-101 — 20-38-113) › Chapter 23 - BOILER SAFETY (§§ 20-23-101 — 20-23-407) › Subchapter 3 - CERTIFICATION OF BOILERS (§§ 20-23-301 — 20-23-314) › Section 20-23-314 - Pressure piping inspections

(a)
The installation of pressure piping shall be periodically inspected during the course of the installation by an inspector commissioned pursuant to the provisions of §
20-23-401
in the manner and with the frequency prescribed by the rules of the Boiler Inspection Division.
(b)
(1)
Upon completion of the installation of any pressure piping, a final inspection shall be made, and the inspector shall complete a final inspection report on a form approved by the Director of the Division of Labor.
(2)
A copy of the final inspection report shall be filed with the Boiler Inspection Division within thirty (30) days of completion of the installation.
(c)
If the report required by subsection (b) of this section is not filed within thirty (30) days after completion of the installation, the Boiler Inspection Division shall designate an inspector in its employ to make the inspection and report required by subsection (b) of this section.
(d)
The inspections and reports required by subsections (a) and (b) of this section may be made by an inspector in the employ of the Boiler Inspection Division.
(e)
For each inspection made by an inspector employed by the Boiler Inspection Division and required by subsection (a), subsection (b), or subsection (c) of this section, the holder of the installation permit shall pay the Boiler Inspection Division an inspection fee in the amount of four hundred forty dollars ($440) per day or two hundred twenty dollars ($220) per half-day, plus expenses and mileage at the rates authorized for employees of the Division of Labor who furnish their own transportation.
(f)
The inspections required by this section and the installation permit required for pressure piping by §
20-23-307
shall apply only to new installations and shall not be construed as requiring an inspection or an installation permit for maintenance, repair, or renovation of existing facilities.
Amended by Act 2019, No. 315,§ 2057, eff. 7/24/2019.
Amended by Act 2019, No. 910,§ 5460, eff. 7/1/2019.
Acts 1993, No. 477, § 8.
Arkansas Code of 1987 (2023) › Title 20 - PUBLIC HEALTH AND WELFARE (§§ 20-2-101 — 20-86-113) › Subtitle 2 - HEALTH AND SAFETY (§§ 20-6-101 — 20-38-113) › Chapter 23 - BOILER SAFETY (§§ 20-23-101 — 20-23-407) › Subchapter 4 - CERTIFICATION OF INSPECTORS, OPERATORS, ETC (§§ 20-23-401 — 20-23-407) › Section 20-23-401 - Inspectors generally

(a)
Certificates of competency and commissions as inspectors of boilers shall be issued by the Boiler Inspection Division to persons in the employ of any company authorized to insure boilers against explosions in this state.
(b)
Persons employed as inspectors shall pass a written examination as to their knowledge of the construction, installation, maintenance, and repair of boilers and their appurtenances. The examination shall be confined to questions the answers to which will aid in determining the fitness and competency of the applicant for the intended service and shall be of uniform grade throughout the state.
(c)
However, a person who holds a certificate of competency or a commission issued by another state from a written examination equivalent to that required by this state may be issued a commission without further examination.
(d)
For each certificate of competency and commission as inspector of boilers issued under this subchapter, a fee of twenty-five dollars ($25.00) shall be charged to the person to whom the certificate and commission are issued.
(e)
The commission shall be good for the fiscal year during which it is issued and shall be renewed upon receipt of fifteen dollars ($15.00).
(f)
(1)
Any commission issued under this subchapter shall be immediately returned to the division when the inspector to whom it has been issued shall cease to be employed by the insurance company employing him or her at the time the commission was issued.
(2)
If a person holding a commission as an inspector shall be employed by any other insurance company than the one by which he or she was employed at the time the commission was issued, a duplicate commission may be issued upon the payment of a fee of fifteen dollars ($15.00), provided that the commission has been renewed annually.
(g)
Commissions that have lapsed will require a renewal fee of fifteen dollars ($15.00).
(h)
Certificates of competency and commissions issued to boiler inspectors may be revoked upon notice to the holder thereof and to the employer of the inspector for:
(1)
Incompetency or untrustworthiness; or
(2)
Willful falsification of any matter or statement contained in his or her application or any report of any inspection.
(i)
The holder of the certificate of competency and commission shall be entitled to a hearing before the division to show cause why the certificate shall not be revoked.
Acts 1961, No. 494, § 3; 1970 (1st Ex. Sess.), No. 65, § 1; 1975, No. 162, § 2; 1979, No. 526, § 2; 1981, No. 9, § 2; 1983, No. 303, § 2; A.S.A. 1947, § 81-503; Acts 1999, No. 982, § 15.
Arkansas Code of 1987 (2023) › Title 20 - PUBLIC HEALTH AND WELFARE (§§ 20-2-101 — 20-86-113) › Subtitle 2 - HEALTH AND SAFETY (§§ 20-6-101 — 20-38-113) › Chapter 23 - BOILER SAFETY (§§ 20-23-101 — 20-23-407) › Subchapter 4 - CERTIFICATION OF INSPECTORS, OPERATORS, ETC (§§ 20-23-401 — 20-23-407) › Section 20-23-402 - Inspectors employed by insurance companies

(a)
Boiler inspectors employed by insurance companies which are authorized to insure boilers in this state shall hold certificates of competency issued by the Boiler Inspection Division as provided in this section and shall:
(1)
Inspect internally and externally at least one (1) time annually or within the time granted under §
20-23-203(a)
all high pressure steam boilers insured by their respective companies;
(2)
Inspect externally one (1) time annually and internally one (1) time every three (3) years every low pressure steam heating boiler insured by their respective companies; and
(3)
Inspect unfired pressure vessels biennially.
(b)
The insured boilers shall be exempt from all inspections other than those of the respective insurance company inspectors unless there is some evidence that proper inspection is not being made.
(c)
Within thirty (30) days following each internal inspection made by its inspectors, each insurance company shall file a copy of the internal inspection report and date of the inspection with the Boiler Inspection Division on forms approved by the Division of Labor.
(d)
(1)
Each insurance company shall file a report annually of all boilers insured and inspected showing location, owner, state number, and date of last inspection.
(2)
The report shall be filed not later than January 30 of each calendar year.
(e)
(1)
If annual reports are not filed with the Boiler Inspection Division by insurance companies who have insurance on boilers in the State of Arkansas within sixty (60) days from the date they are due inspection, the Boiler Inspection Division shall make the required inspection.
(2)
A special inspection fee of one hundred dollars ($100) for each boiler or unfired pressure vessel inspected, plus mileage and expenses from Little Rock to point of inspection and return not to exceed the current rate authorized by the General Assembly to employees of state agencies who furnish their own transportation, plus any meals and hotel bills incurred shall be charged to the insurance company insuring the boilers or unfired pressure vessels unless an extension of time is granted by the Chief Inspector of the Boiler Inspection Division.
(f)
No operating certificate issued for an insured boiler inspected by an insurance company inspector shall be valid after the boiler for which it was issued shall cease to be insured by a company authorized by this state to carry the insurance.
Amended by Act 2019, No. 910,§ 5461, eff. 7/1/2019.
Amended by Act 2015, No. 95,§ 3, eff. 7/22/2015.
Acts 1961, No. 494, § 3; 1970 (1st Ex. Sess.), No. 65, § 1; 1975, No. 162, § 2; 1979, No. 526, § 2; 1981, No. 9, § 2; 1983, No. 303, § 2; A.S.A. 1947, § 81-503; Acts 1991, No. 560, § 3; 2005, No. 1012, § 5.
Arkansas Code of 1987 (2023) › Title 20 - PUBLIC HEALTH AND WELFARE (§§ 20-2-101 — 20-86-113) › Subtitle 2 - HEALTH AND SAFETY (§§ 20-6-101 — 20-38-113) › Chapter 23 - BOILER SAFETY (§§ 20-23-101 — 20-23-407) › Subchapter 4 - CERTIFICATION OF INSPECTORS, OPERATORS, ETC (§§ 20-23-401 — 20-23-407) › Section 20-23-403 - Inspectors - Failure to perform duties

(a)
Any inspector of boilers who shall report a boiler or pressure vessel for a certificate of inspection as safe to operate while knowing the report is false and that the boiler is unsafe to operate, who shall fail to perform his or her duties as stated in this chapter, or who shall cause the repair, installation, or sale of a boiler or pressure vessel that does not comply with the standards as set out in this chapter and the rules provided shall be guilty of a felony.
(b)
Upon conviction he or she shall be punished by a fine in any sum not less than one hundred dollars ($100) nor more than five hundred dollars ($500) or by imprisonment not to exceed three (3) years, or by both fine and imprisonment.
Amended by Act 2019, No. 315,§ 2058, eff. 7/24/2019.
Acts 1961, No. 494, § 7; 1970 (1st Ex. Sess.), No. 65, § 3; 1975, No. 162, § 4; 1979, No. 526, § 4; 1981, No. 9, § 4; 1983, No. 303, § 4; A.S.A. 1947, § 81-507; Acts 1999, No. 982, § 16.
Arkansas Code of 1987 (2023) › Title 20 - PUBLIC HEALTH AND WELFARE (§§ 20-2-101 — 20-86-113) › Subtitle 2 - HEALTH AND SAFETY (§§ 20-6-101 — 20-38-113) › Chapter 23 - BOILER SAFETY (§§ 20-23-101 — 20-23-407) › Subchapter 4 - CERTIFICATION OF INSPECTORS, OPERATORS, ETC (§§ 20-23-401 — 20-23-407) › Section 20-23-404 - Operators

(a)
(1)
The Boiler Inspection Division shall conduct examinations for each applicant seeking a boiler operator's license.
(2)
The examination may be either written or oral.
(3)
Each applicant shall pay a fee of twenty-five dollars ($25.00) for the examination and the first license.
(4)
Each license shall be renewed annually. The annual fee shall be seventeen dollars ($17.00).
(5)
Before the applicant may participate in an examination, he or she shall have had not less than six (6) months of on-the-job training. Proof of this on-the-job training shall be furnished to the Division of Labor by the employer before the examination.
(6)
A restricted license may be issued to an applicant who has passed the examination required in this subsection but who has not met the requirements of subdivision (a)(5) of this section, provided that:
(A)
The restricted license shall be effective for one (1) year from the date of issue; and
(B)
The licensee is to work under the direction and supervision of a regularly licensed boiler operator.
(b)
(1)
Any operator found operating a boiler without a certificate issued by the Boiler Inspection Division or operating a boiler knowing it to be defective shall have his or her license revoked at once.
(2)
Any person found operating a boiler without an operator's license shall be subject to an administrative fine of not less than twenty-five dollars ($25.00) and not more than one hundred dollars ($100).
Amended by Act 2019, No. 910,§ 5462, eff. 7/1/2019.
Acts 1961, No. 494, § 7; 1970 (1st Ex. Sess.), No. 65, § 3; 1975, No. 162, § 4; 1979, No. 526, § 4; 1981, No. 9, § 4; 1983, No. 303, § 4; A.S.A. 1947, § 81-507; Acts 1999, No. 982, § 17; 2003, No. 1184, § 2.
Arkansas Code of 1987 (2023) › Title 20 - PUBLIC HEALTH AND WELFARE (§§ 20-2-101 — 20-86-113) › Subtitle 2 - HEALTH AND SAFETY (§§ 20-6-101 — 20-38-113) › Chapter 23 - BOILER SAFETY (§§ 20-23-101 — 20-23-407) › Subchapter 4 - CERTIFICATION OF INSPECTORS, OPERATORS, ETC (§§ 20-23-401 — 20-23-407) › Section 20-23-405 - Sellers, installers, and repairers

(a)
(1)
All persons, firms, or corporations engaged in the sale or installation of boilers, unfired pressure vessels, hot water storage containers, or pressure piping in any location shall be licensed by the Boiler Inspection Division to perform the work.
(2)
The annual license fee shall be seventy-five dollars ($75.00) per year, payable in advance on or before January 31 of each calendar year.
(b)
(1)
All persons, firms, or corporations engaged in the repair of boilers or unfired pressure vessels shall be licensed by the division.
(2)
The annual license fee shall be seventy-five dollars ($75.00) annually, payable in advance on or before January 31 of each calendar year.
(c)
Each person, firm, or corporation shall furnish evidence suitable to the division that the person, firm, or coporation is qualified to perform the work.
(d)
The license of any person, firm, or corporation may be revoked by the division upon proof that the person, firm, or corporation is not performing the work in compliance with this chapter and the rules as provided in this chapter.
(e)
Any person violating the provisions of this section shall be guilty of a misdemeanor and upon conviction shall be punished by a fine of not less than fifty dollars ($50.00) nor more than one thousand dollars ($1,000) or by imprisonment for not more than five (5) years or by both fine and imprisonment.
(f)
The provisions of §§
20-23-104
,
20-23-307
-
20-23-309
,
20-23-403
,
20-23-404
, and this section shall not apply to firms under the regulation of the United States Surface Transportation Board.
Amended by Act 2019, No. 315,§ 2059, eff. 7/24/2019.
Acts 1961, No. 494, § 7; 1970 (1st Ex. Sess.), No. 65, § 3; 1975, No. 162, § 4; 1979, No. 526, § 4; 1981, No. 9, § 4; 1983, No. 303, § 4; A.S.A. 1947, § 81-507; Acts 1991, No. 560, § 4; 1993, No. 477, § 9.
Arkansas Code of 1987 (2023) › Title 20 - PUBLIC HEALTH AND WELFARE (§§ 20-2-101 — 20-86-113) › Subtitle 2 - HEALTH AND SAFETY (§§ 20-6-101 — 20-38-113) › Chapter 23 - BOILER SAFETY (§§ 20-23-101 — 20-23-407) › Subchapter 4 - CERTIFICATION OF INSPECTORS, OPERATORS, ETC (§§ 20-23-401 — 20-23-407) › Section 20-23-406 - Restricted lifetime license - Certificate of competency and commission

(a)
(1)
(A)
Upon reaching sixty-five (65) years of age or any time thereafter, any person who has been a boiler inspector for no fewer than twelve (12) years may apply for a restricted lifetime boiler inspector's certificate of competency and commission.
(B)
The certificate of competency and commission shall be issued upon satisfactory proof of age and upon payment of a fee prescribed by the Division of Labor.
(2)
(A)
Upon reaching sixty-five (65) years of age or any time thereafter, any person who has been a boiler operator for no fewer than twelve (12) years may apply for a restricted lifetime boiler operator's license.
(B)
The license shall be issued upon satisfactory proof of age and upon payment of a fee prescribed by the division.
(3)
(A)
Upon reaching sixty-five (65) years of age or any time thereafter, any person who has been engaged in the sale or installation of boilers, unfired pressure vessels, hot water storage containers, or pressure piping for no fewer than twelve (12) years may apply for a restricted lifetime license.
(B)
The license shall be issued upon satisfactory proof of age and upon payment of a fee prescribed by the division.
(4)
(A)
Upon reaching sixty-five (65) years of age or any time thereafter, any person who has been engaged in the repair of boilers or unfired pressure vessels for no fewer than twelve (12) years may apply for a restricted lifetime license.
(B)
The license shall be issued upon satisfactory proof of age and upon payment of a fee prescribed by the division.
(b)
The division shall promulgate rules necessary to carry out the provisions of this section.
Amended by Act 2019, No. 315,§ 2060, eff. 7/24/2019.
Amended by Act 2019, No. 910,§ 5463, eff. 7/1/2019.
Acts 1999, No. 141, § 1.
Arkansas Code of 1987 (2023) › Title 20 - PUBLIC HEALTH AND WELFARE (§§ 20-2-101 — 20-86-113) › Subtitle 2 - HEALTH AND SAFETY (§§ 20-6-101 — 20-38-113) › Chapter 23 - BOILER SAFETY (§§ 20-23-101 — 20-23-407) › Subchapter 4 - CERTIFICATION OF INSPECTORS, OPERATORS, ETC (§§ 20-23-401 — 20-23-407) › Section 20-23-407 - Owner or user inspection programs

(a)
Any owner or user of a steam boiler or pressure vessel subject to this chapter may perform any inspections required by this chapter on such vessels owned or operated by the owner or user if the owner or user meets the requirements prescribed by rule of the Director of the Division of Labor.
(b)
The director shall set out requirements for the certification of owner or user inspectors and certification of owner or user inspection programs by rule and shall have full authority to promulgate and enforce those rules.
(c)
(1)
(A)
After notice and opportunity for hearing, any owner or user who is found to have violated rules prescribed by the director pursuant to this subchapter shall be assessed a civil monetary penalty of not less than one hundred dollars ($100) or more than five thousand dollars ($5,000).
(B)
Each day that a violation continues shall be considered a separate violation.
(2)
The director may bring a civil action in a court of competent jurisdiction to recover the amount of any civil monetary penalties.
(d)
In addition to civil monetary penalties, any owner or user who is found to be in violation of this section shall be guilty of a Class A misdemeanor.
Amended by Act 2019, No. 315,§ 2062, eff. 7/24/2019.
Amended by Act 2019, No. 315,§ 2061, eff. 7/24/2019.
Amended by Act 2019, No. 910,§ 5464, eff. 7/1/2019.
Acts 2001, No. 1283, § 1.
Arkansas Code of 1987 (2023) › Title 20 - PUBLIC HEALTH AND WELFARE (§§ 20-2-101 — 20-86-113) › Subtitle 2 - HEALTH AND SAFETY (§§ 20-6-101 — 20-38-113) › Chapter 24 - ELEVATORS, DUMBWAITERS, AND ESCALATORS (§§ 20-24-101 — 20-24-120) › Section 20-24-102 - State to have exclusive jurisdiction - Exception

(a)
No city, town, or other governmental subdivision shall have the power to make any ordinance, bylaw, or resolution providing for the licensing, inspection, construction, installation, alteration, maintenance, or operation of elevators, dumbwaiters, or escalators or for the qualifications and duties of operators thereof within the limits of the city, town, or governmental subdivision, and any ordinance, bylaw, or resolution heretofore made or passed shall be void and of no effect.
(b)
However, nothing in this chapter shall limit the right of the city, town, or other governmental subdivision to enforce this chapter as permitted by §
20-24-104(b)
or to determine the amount of the fees to be charged therefor as permitted by §
20-24-117
.
Acts 1963, No. 189, § 14; A.S.A. 1947, § 82-1814.
Arkansas Code of 1987 (2023) › Title 20 - PUBLIC HEALTH AND WELFARE (§§ 20-2-101 — 20-86-113) › Subtitle 2 - HEALTH AND SAFETY (§§ 20-6-101 — 20-38-113) › Chapter 24 - ELEVATORS, DUMBWAITERS, AND ESCALATORS (§§ 20-24-101 — 20-24-120) › Section 20-24-103 - Penalties - Prosecution of violations

(a)
(1)
A person, owner, lessee, partnership, association, corporation, licensee, or inspector who violates this chapter or a rule adopted by the Elevator Safety Board is subject to a civil fine of not less than five hundred dollars ($500) and not more than one thousand dollars ($1,000) for each offense.
(2)
Each day during which a violation continues shall be a separate offense.
(b)
An action for recovery of the penalties provided by this section shall be instituted by the Division of Occupational and Professional Licensing Boards and Commissions or its authorized representative and shall be in the form of a civil action before a court of competent jurisdiction.
(c)
In addition to the penalties in subsection (a) of this section, the Director of the Division of Occupational and Professional Licensing Boards and Commissions may petition a court of competent jurisdiction to enjoin or restrain violations of this chapter or a rule adopted by the board.
Amended by Act 2019, No. 910,§ 5467, eff. 7/1/2019.
Amended by Act 2017, No. 968,§ 1, eff. 8/1/2017.
Acts 1963, No. 189, §§ 15, 16; 1977, No. 539, § 7; A.S.A. 1947, §§ 82-1815, 82-1816; Acts 1991, No. 1063, § 1.
Arkansas Code of 1987 (2023) › Title 20 - PUBLIC HEALTH AND WELFARE (§§ 20-2-101 — 20-86-113) › Subtitle 2 - HEALTH AND SAFETY (§§ 20-6-101 — 20-38-113) › Chapter 24 - ELEVATORS, DUMBWAITERS, AND ESCALATORS (§§ 20-24-101 — 20-24-120) › Section 20-24-104 - Enforcement

(a)
Except when otherwise provided, the Division of Occupational and Professional Licensing Boards and Commissions shall have the power, and it shall be its duty, to enforce this chapter and the rules adopted by the Elevator Safety Board.
(b)
In cities, towns, or other governmental subdivisions having a building department with qualified personnel to enforce this chapter or portions thereof, the Director of the Division of Occupational and Professional Licensing Boards and Commissions may delegate the building department as the authorized representative of the division to enforce and carry out the provisions of §§
20-24-112
-
20-24-116
or any portion thereof as may be designated by him or her.
Amended by Act 2019, No. 315,§ 2064, eff. 7/24/2019.
Amended by Act 2019, No. 910,§ 5468, eff. 7/1/2019.
Acts 1963, No. 189, § 3; A.S.A. 1947, § 82-1803.
Arkansas Code of 1987 (2023) › Title 20 - PUBLIC HEALTH AND WELFARE (§§ 20-2-101 — 20-86-113) › Subtitle 2 - HEALTH AND SAFETY (§§ 20-6-101 — 20-38-113) › Chapter 24 - ELEVATORS, DUMBWAITERS, AND ESCALATORS (§§ 20-24-101 — 20-24-120) › Section 20-24-105 - Elevator Safety Board - Creation - Members

(a)
There is created the Elevator Safety Board, consisting of six (6) members, one (1) of whom shall be the Secretary of the Department of Labor and Licensing or his or her designee, who shall serve continuously, and five (5) of whom shall be appointed by the Governor for terms of four (4) years.
(b)
Upon the death, resignation, or incapacity of any member, the Governor shall fill the vacancy, for the remainder of the unexpired term, with a representative of the same interests as those of his or her predecessor.
(c)
Of the five (5) members appointed by the Governor:
(1)
One (1) shall be a representative of the owners and lessees of elevators within this state;
(2)
One (1) shall be a representative of the manufacturers of elevators used within this state;
(3)
One (1) shall be a representative of an insurance company authorized to insure the operation of elevators in this state;
(4)
One (1) shall be a representative of the public at large; and
(5)
One (1) shall be appointed by the Governor after consulting with the board of trustees of the Elevator Industry Work Preservation Fund and subject to confirmation by the Senate.
(d)
The board shall meet at the call of the secretary who shall designate in the call the time and place of the meeting.
(e)
The members except the secretary may receive expense reimbursement and stipends in accordance with §
25-16-901
et seq.
Amended by Act 2023, No. 311,§ 1, eff. 8/1/2023.
Amended by Act 2019, No. 910,§ 5470, eff. 7/1/2019.
Amended by Act 2019, No. 910,§ 5469, eff. 7/1/2019.
Amended by Act 2015, No. 1100,§ 51, eff. 7/22/2015.
Acts 1963, No. 189, § 2; A.S.A. 1947, § 82-1802; Acts 1997, No. 250, § 197; 2007, No. 1000, § 1.
Arkansas Code of 1987 (2023) › Title 20 - PUBLIC HEALTH AND WELFARE (§§ 20-2-101 — 20-86-113) › Subtitle 2 - HEALTH AND SAFETY (§§ 20-6-101 — 20-38-113) › Chapter 24 - ELEVATORS, DUMBWAITERS, AND ESCALATORS (§§ 20-24-101 — 20-24-120) › Section 20-24-106 - Elevator Safety Board - Powers and duties

(a)
It shall be the duty of the Elevator Safety Board to license elevator inspectors, elevator mechanics, and elevator contractors as provided in this chapter and to revoke or suspend any such license for cause.
(b)
The board shall have the power and it shall be its duty to consult with engineering authorities and organizations studying and developing standard safety codes, including that of the American National Standards Institute/American Society of Mechanical Engineers, and determine what rules governing the qualifications, training, and duties of elevator operators and the operation, maintenance, construction, alteration, and installation of elevators, dumbwaiters, and escalators and the inspection and tests of new and existing installations are adequate, reasonable, and necessary to provide for the safety of life, limb, and property and to protect the public welfare.
(c)
Upon the determination, the board shall make, amend, or repeal from time to time rules regarding:
(1)
The maintenance, inspection, tests, and operation of all elevators and escalators;
(2)
The construction of new elevators, dumbwaiters, and escalators;
(3)
The alteration of existing elevators, dumbwaiters, and escalators;
(4)
Prescribing minimum safety requirements for all existing elevators, dumbwaiters, and escalators;
(5)
Prescribing the fees for construction permits, operating permits, acceptance inspections, initial inspections, and periodic inspections for new and existing elevators, escalators, and dumbwaiters; and
(6)
The revocation, suspension, nonrenewal, and reinstatement of licenses and for the imposition of lesser disciplinary measures.
(d)
The board shall also have the power in any particular case to grant exceptions and variations which shall only be granted when it is clearly evident that they are necessary in order to prevent undue hardship or when the existing conditions prevent compliance with the literal requirements of the rules. In no case shall any exception or variation be granted unless, in the opinion of the board, reasonable safety will be secured thereby.
(e)
It shall also be the duty of the board to hear and decide any appeals from the orders or acts of the Department of Labor and Licensing or its authorized representative as provided in §
20-24-119
.
Amended by Act 2019, No. 315,§ 2066, eff. 7/24/2019.
Amended by Act 2019, No. 315,§ 2065, eff. 7/24/2019.
Amended by Act 2019, No. 910,§ 5471, eff. 7/1/2019.
Amended by Act 2017, No. 968,§ 2, eff. 8/1/2017.
Acts 1963, No. 189, § 2; A.S.A. 1947, § 82-1802; Acts 1991, No. 1063, § 2; 2005, No. 1813, § 2.
Arkansas Code of 1987 (2023) › Title 20 - PUBLIC HEALTH AND WELFARE (§§ 20-2-101 — 20-86-113) › Subtitle 2 - HEALTH AND SAFETY (§§ 20-6-101 — 20-38-113) › Chapter 24 - ELEVATORS, DUMBWAITERS, AND ESCALATORS (§§ 20-24-101 — 20-24-120) › Section 20-24-107 - Elevator Safety Board - Adoption and amendment of rules

(a)
(1)
A public hearing shall be held by the Elevator Safety Board before the adoption of any rules authorized by this chapter.
(2)
Copies of such rules as are proposed by the board for adoption shall be made available to all interested parties at least thirty (30) days before the hearing.
(3)
Notice of each hearing shall be published not less than fifteen (15) days before the date assigned for the hearing.
(4)
The rules adopted by the board shall be effective and shall be applicable on and after the effective date specified by the board but in no case less than three (3) months after the adoption by the board.
(b)
The rules adopted by the board shall be amended or repealed in the same manner in which they are adopted.
(c)
(1)
No amendment shall be made to the rules adopted by the board unless public hearings are held as provided in subsection (a) of this section.
(2)
(A)
Any person engaged in the inspection, alteration, construction, repair, or operation of elevators, dumbwaiters, or escalators, or any owner, insurer, or lessee thereof, may, from time to time, by written petition to the Secretary of the Department of Labor and Licensing, request that any rules adopted by the board under subsection (a) of this section be amended, or the secretary shall refer the petition to the board for its consideration and recommendation.
(B)
The board shall hold public hearings with respect to the subject matter of the petition and shall thereafter approve or disapprove the petition.
(3)
The amendments approved by the board shall become effective as provided in this section.
Amended by Act 2019, No. 315,§ 2070, eff. 7/24/2019.
Amended by Act 2019, No. 315,§ 2069, eff. 7/24/2019.
Amended by Act 2019, No. 315,§ 2068, eff. 7/24/2019.
Amended by Act 2019, No. 315,§ 2067, eff. 7/24/2019.
Amended by Act 2019, No. 910,§ 5472, eff. 7/1/2019.
Acts 1963, No. 189, §§ 2, 13; 1965, No. 72, § 1; A.S.A. 1947, §§ 82-1802, 82-1813.
Arkansas Code of 1987 (2023) › Title 20 - PUBLIC HEALTH AND WELFARE (§§ 20-2-101 — 20-86-113) › Subtitle 2 - HEALTH AND SAFETY (§§ 20-6-101 — 20-38-113) › Chapter 24 - ELEVATORS, DUMBWAITERS, AND ESCALATORS (§§ 20-24-101 — 20-24-120) › Section 20-24-110 - Inspectors - Prohibited activities - Requirements

(a)
No elevator inspector shall inspect an elevator, escalator, or dumbwaiter if the inspector or any member of his or her immediate family has a financial interest in the building in which the elevator, escalator, or dumbwaiter is located or in any business which occupies the building in which the elevator, escalator, or dumbwaiter is located.
(b)
No elevator inspector or any member of his or her immediate family shall have or maintain a financial interest in any business which manufactures, installs, repairs, alters, or services elevators, escalators, or dumbwaiters.
(c)
No elevator inspector shall recommend or refer one (1) of his or her clients or customers to a specific business, firm, or corporation which manufactures, installs, repairs, alters, or services elevators, escalators, or dumbwaiters.
(d)
On or before the last day of January of each year, all licensed elevator inspectors shall file with the Department of Labor and Licensing a financial disclosure statement on forms provided by the department and approved by the Elevator Safety Board. Such forms shall include, but not be limited to, the following:
(1)
The name and address of any corporation, firm, or enterprise in which the person has a direct financial interest of a value in excess of one thousand dollars ($1,000). Policies of insurance issued to himself or herself or his or her spouse are not to be considered a financial interest;
(2)
A list of every office or directorship held by himself or herself or his or her spouse, in any corporation, firm, or enterprise subject to the jurisdiction of the board;
(3)
A list showing the name and address of any person, corporation, firm, or enterprise from which the person received compensation in excess of one thousand five hundred dollars ($1,500) during the preceding year; and
(4)
A list showing the name and address of any person, corporation, firm, or enterprise from which the persons received compensation in excess of twelve thousand five hundred dollars ($12,500) during the preceding year.
Amended by Act 2019, No. 910,§ 5475, eff. 7/1/2019.
Acts 1963, No. 189, § 11; 1977, No. 539, § 6; 1983, No. 284, § 6; A.S.A. 1947, § 82-1811; Acts 1991, No. 1063, § 5.
Arkansas Code of 1987 (2023) › Title 20 - PUBLIC HEALTH AND WELFARE (§§ 20-2-101 — 20-86-113) › Subtitle 2 - HEALTH AND SAFETY (§§ 20-6-101 — 20-38-113) › Chapter 24 - ELEVATORS, DUMBWAITERS, AND ESCALATORS (§§ 20-24-101 — 20-24-120) › Section 20-24-111 - Maintenance

Every elevator, dumbwaiter, and escalator shall be maintained by the owner or lessee in a safe operating condition so that it conforms to the rules and requirements of the Elevator Safety Board as adopted under §
20-24-107(a) and (b)
.
Acts 1963, No. 189, § 10; A.S.A. 1947, § 82-1810.
Arkansas Code of 1987 (2023) › Title 20 - PUBLIC HEALTH AND WELFARE (§§ 20-2-101 — 20-86-113) › Subtitle 2 - HEALTH AND SAFETY (§§ 20-6-101 — 20-38-113) › Chapter 24 - ELEVATORS, DUMBWAITERS, AND ESCALATORS (§§ 20-24-101 — 20-24-120) › Section 20-24-112 - Testing and inspection required

(a)
All new and existing elevators, dumbwaiters, and escalators, except dormant elevators, dumbwaiters, and escalators, shall be tested and inspected in accordance with the following schedule:
(1)
(A)
Every new or altered elevator, dumbwaiter, and escalator shall be inspected and tested in conformity with the applicable rules adopted by the Elevator Safety Board before the operating permit required by §
20-24-116
is issued.
(B)
The inspections shall be made by a licensed elevator inspector in the employ of the Division of Occupational and Professional Licensing Boards and Commissions or its authorized representative;
(2)
(A)
The owner or lessee of every existing passenger elevator or escalator shall cause it to be inspected within three (3) months, and the owner or lessee of every existing freight elevator and dumbwaiter shall cause it to be inspected within six (6) months after the effective date of the rules adopted by the board under §
20-24-107(a) and (b)
.
(B)
However, the division or its authorized representative, at its discretion, may extend the time specified in this subdivision (a)(2) for making inspections; and
(3)
(A)
(i)
The owner or lessee shall cause an inspection of every elevator other than a temporary elevator and escalator to be made periodically every twelfth calendar month, and of every dumbwaiter and elevator driven by manual power every twelfth calendar month, following the month in which the initial inspection required by subdivisions (a)(1) and (2) of this section has been made.
(ii)
However, an inspection under subdivision (a)(3)(A)(i) of this section may be made during the month following the calendar month during which the inspection is due.
(B)
The board may approve by administrative rule a longer period between inspections for wheelchair lifts, moving walkways, and dumbwaiters.
(b)
(1)
(A)
The inspections required by subdivisions (a)(2) and (3) of this section shall be made only by elevator inspectors who have been licensed in accordance with §§
20-24-108
and
20-24-109
.
(B)
However, the elevator inspectors are not required to make any tests.
(2)
Tests required by the rules to be made by the owner, the lessee, or the authorized agent of either shall be made by a licensed elevator mechanic in the presence of a licensed elevator inspector.
Amended by Act 2019, No. 910,§ 5476, eff. 7/1/2019.
Amended by Act 2017, No. 968,§ 4, eff. 8/1/2017.
Acts 1963, No. 189, § 5; A.S.A. 1947, § 82-1805.
Arkansas Code of 1987 (2023) › Title 20 - PUBLIC HEALTH AND WELFARE (§§ 20-2-101 — 20-86-113) › Subtitle 2 - HEALTH AND SAFETY (§§ 20-6-101 — 20-38-113) › Chapter 24 - ELEVATORS, DUMBWAITERS, AND ESCALATORS (§§ 20-24-101 — 20-24-120) › Section 20-24-113 - Report of inspection

(a)
(1)
A report of every required inspection or safety test shall be filed with the Department of Labor and Licensing or its authorized representative by the inspector making the inspection or witnessing the test on a form approved by the department or its authorized representative within thirty (30) days after the inspection or test has been completed.
(2)
For the inspections required by §
20-24-112(a)(2)
, the report shall include all information required by the department in order to determine whether the owner or lessee of the elevator, escalator, or dumbwaiter has complied with rules adopted by the Elevator Safety Board under §
20-24-107(a) and (b)
that are applicable.
(3)
For the inspection required by §
20-24-112(a)(1)
, the report shall indicate whether the elevator, dumbwaiter, or escalator has been installed in accordance with the detailed plans and specifications approved by the department or its authorized representative under §
20-24-115(d) and (e)
and meets the requirements of the applicable rules adopted by the board under §
20-24-107(a) and (b)
.
(b)
If the report required by subsection (a) of this section is not filed within thirty (30) days after the final date when the elevator, dumbwaiter, or escalator should have been inspected as required by §
20-24-112(a)(2)
or §
20-24-112(a)(3)
, the department shall designate a licensed inspector in its employ to make the inspection and report required by subsection (a) of this section.
(c)
(1)
For each inspection and report made at the direction of the department, the owner, lessee, or insurance company responsible for the report of inspection shall pay to the department a fee of three hundred fifty dollars ($350), unless otherwise provided by the board.
(2)
The fee shall be paid directly to the department and shall be the only fees or charges for which the owner, lessee, or insurance company shall be liable for the inspection required by §
20-24-112(a)
.
Amended by Act 2019, No. 910,§ 5477, eff. 7/1/2019.
Amended by Act 2017, No. 968,§ 5, eff. 8/1/2017.
Acts 1963, No. 189, § 5; 1965, No. 72, § 2; 1969, No. 337, § 1; 1977, No. 539, § 2; A.S.A. 1947, § 82-1805; Acts 2003, No. 360, § 1.
Arkansas Code of 1987 (2023) › Title 20 - PUBLIC HEALTH AND WELFARE (§§ 20-2-101 — 20-86-113) › Subtitle 2 - HEALTH AND SAFETY (§§ 20-6-101 — 20-38-113) › Chapter 24 - ELEVATORS, DUMBWAITERS, AND ESCALATORS (§§ 20-24-101 — 20-24-120) › Section 20-24-114 - Additional inspections

In addition to required inspections, the Department of Labor and Licensing or its authorized representative may designate a licensed inspector in its employ to make such additional inspections as may be required to enforce this chapter and the rules adopted by the Elevator Safety Board under §
20-24-107(a) and (b)
.
Amended by Act 2019, No. 910,§ 5478, eff. 7/1/2019.
Amended by Act 2017, No. 968,§ 6, eff. 8/1/2017.
Acts 1963, No. 189, § 5; 1969, No. 337, § 2; 1983, No. 284, § 1; A.S.A. 1947, § 82-1805.
Arkansas Code of 1987 (2023) › Title 20 - PUBLIC HEALTH AND WELFARE (§§ 20-2-101 — 20-86-113) › Subtitle 2 - HEALTH AND SAFETY (§§ 20-6-101 — 20-38-113) › Chapter 24 - ELEVATORS, DUMBWAITERS, AND ESCALATORS (§§ 20-24-101 — 20-24-120) › Section 20-24-115 - New construction, relocation, or alteration

(a)
(1)
On and after the effective date of rules adopted by the Elevator Safety Board under §
20-24-107(a) and (b)
, detailed plans and specifications of the elevator, dumbwaiter, or escalator to be thereafter installed, relocated, or altered shall be submitted by the contractor, or in the absence of an installing contractor, by a person or the owner, to the Department of Labor and Licensing. An application for a construction or alteration permit on forms to be furnished or approved by the department shall be submitted at the same time.
(2)
Repairs or replacements normally necessary for maintenance may be made on existing installations with parts equivalent in material, strength, and design to those replaced. No plans or specifications or applications need be filed for the repairs or replacements.
(b)
All companies, owners, lessees, or persons engaged in this type of work within the State of Arkansas shall be approved and registered by the department.
(c)
Failure to comply with subsection (a) or subsection (b) of this section subjects all to a penalty as described in §
20-24-103(a)
.
(d)
A construction permit shall be issued by the department or its authorized representative to the installing contractor or, in his or her absence, the owner, for every new elevator, dumbwaiter, or escalator installation or alteration before the installation thereof is started. The department or its authorized representative shall issue the permit if the plans and specifications required under subsection (a) of this section indicate compliance with the applicable rules adopted by the board under §
20-24-107(a) and (b)
.
(e)
Any person who installs an elevator, dumbwaiter, or escalator which does not meet the specifications of this chapter shall be liable for all expenses necessary to bring the elevator, dumbwaiter, or escalator into compliance with this chapter.
Amended by Act 2019, No. 315,§ 2075, eff. 7/24/2019.
Amended by Act 2019, No. 315,§ 2074, eff. 7/24/2019.
Amended by Act 2019, No. 910,§ 5479, eff. 7/1/2019.
Acts 1963, No. 189, §§ 6, 7; 1965, No. 72, §§ 3, 4; 1977, No. 539, § 3; A.S.A. 1947, §§ 82-1806, 82-1807.
Arkansas Code of 1987 (2023) › Title 20 - PUBLIC HEALTH AND WELFARE (§§ 20-2-101 — 20-86-113) › Subtitle 2 - HEALTH AND SAFETY (§§ 20-6-101 — 20-38-113) › Chapter 24 - ELEVATORS, DUMBWAITERS, AND ESCALATORS (§§ 20-24-101 — 20-24-120) › Section 20-24-117 - Fees

(a)
The following fees shall be paid to the Department of Labor and Licensing for each passenger, freight, or one-man elevator or dumbwaiter installation permit:
(1)
Elevators ............... $150.00
(2)
Escalators and moving walks ............... 200.00
(3)
Dumbwaiters ............... 100.00
(4)
Wheelchair lifts ............... 100.00
(5)
Workmen's hoists ............... 200.00
(b)
A fee of not less than five dollars ($5.00) and not more than one hundred dollars ($100) shall be paid to the department for installation permits for all other types of elevators, escalators, power lifts, or moving walks.
(c)
A final inspection fee and the fee for the initial operating permit are included in the installation permit fee. If a scheduled final inspection is cancelled without due notice to the department or if the elevator is not complete in the judgment of the inspector, an additional fee of one hundred dollars ($100) shall be charged to the elevator contractor for an additional final inspection.
(d)
Major alterations may be made upon obtaining a permit, which requires payment of a fee of one hundred dollars ($100).
Amended by Act 2019, No. 910,§ 5481, eff. 7/1/2019.
Amended by Act 2017, No. 968,§ 7, eff. 8/1/2017.
Acts 1963, No. 189, § 9; 1965, No. 72, § 5; 1969, No. 337, § 4; 1977, No. 539, § 5; 1983, No. 284, §§ 3-5; A.S.A. 1947, § 82-1809; Acts 1993, No. 584, § 2; 2003, No. 360, § 4.
Arkansas Code of 1987 (2023) › Title 20 - PUBLIC HEALTH AND WELFARE (§§ 20-2-101 — 20-86-113) › Subtitle 2 - HEALTH AND SAFETY (§§ 20-6-101 — 20-38-113) › Chapter 24 - ELEVATORS, DUMBWAITERS, AND ESCALATORS (§§ 20-24-101 — 20-24-120) › Section 20-24-118 - Braille tags in elevators in publicly owned buildings

(a)
In all publicly owned buildings containing passenger elevators, braille tags shall be affixed on or immediately adjacent to all elevator pushbuttons, levers, or switches in order that blind persons may operate the elevators properly without assistance from sighted persons.
(b)
For the purposes of this section, "publicly owned buildings" includes those buildings which are owned or operated by a municipal, county, or state government.
Acts 1977, No. 533, § 1; A.S.A. 1947, § 82-1817.