SENATE BILL 185

51st legislature - STATE OF NEW MEXICO - second session, 2014

INTRODUCED BY

Phil A. Griego

AN ACT

RELATING TO BUILDING STANDARDS; ENACTING A NEW SECTION OF THE NMSA 1978 TO PROVIDE FOR PERMITTING OF ELEVATORS; PROVIDING PENALTIES; MAKING AN APPROPRIATION.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

     SECTION 1. [NEW MATERIAL] DEFINITIONS--REGISTRATION OF EXISTING ELEVATORS--COMPLIANCE WITH STATE FIRE PREVENTION AND BUILDING CODES--PERMITS--PENALTY.--

          A. As used in this section:

                (1) "director" means the director of the construction industries division of the regulation and licensing department;

                (2) "elevator" means any hoisting and lowering mechanism that is equipped with a car or platform and that moves between two or more landings, including escalators, moving sidewalks, platform lifts or stairway chair lifts for carrying persons between landings; or a hoisting and lowering mechanism that is equipped with a car, that serves two or more landings and that is restricted to carrying materials by its limited size and limited access. "Elevator" does not include material hoists, manlifts, mobile scaffolds or towers and platforms; powered platforms and equipment for exterior and interior maintenance; conveyors and related equipment; cranes, derricks, hoists, hooks, jacks, slings, industrial trucks, portable equipment, or tiering or piling machines that are used to move materials to and from storage and that are located and operated entirely within one story; equipment for feeding or positioning materials at machine tools and printing presses or similar equipment; skip or furnace hoists; wharf ramps; railroad car lifts or dumpers; line jacks; false cars; shafters; or moving platforms and similar equipment used for installing an elevator; and

                (3) "standards" means the American society of civil engineers' safety code for elevators and escalators, the performance-based safety standard for elevators and escalators, the safety code for existing elevators and escalators, the standard for the qualifications of elevator inspectors, the safety standard for platform lifts and stairway chair lifts and the standard for elevator suspension, compensation and governor systems.

          B. By January 1, 2015, the owner or lessee of every existing elevator shall register with the director each elevator owned and operated by the owner or lessee and shall provide the type of elevator, its rated load and speed, the name of its manufacturer, its location, the purpose for which it is used and any additional information that the director requires. After July 1, 2014, all elevators shall be registered at the time that they are completed and placed in service.

          C. Owners shall ensure that installation or service and maintenance of elevators are performed in compliance with all laws, ordinances and rules, including fire and building codes.

          D. No elevator shall be erected, constructed, installed or altered within buildings or structures unless a permit has been obtained from the director before the work is commenced and the device conforms to all applicable standards. A copy of the permit shall be kept at the construction site at all times while the work is in progress. The director shall set a nonrefundable permit fee to defray expenses of administering the permit program. Each application for a permit shall be accompanied by copies of specifications and accurately scaled and fully dimensioned plans and shall include the location of the installation in relation to the plans and elevation of the building; the location of the machinery room and the equipment to be installed, relocated or altered; and all structural supporting members, including foundations and all materials to be employed and all loads to be supported or conveyed. Permits may be revoked for false statements or misrepresentations as to the material facts in the application, plans or specifications on which the permit was based; violation of any law, code, ordinance or rule; work detailed under the permit that is not being performed in accordance with the provisions of the application, plans specifications or standards; or failure or refusal of the permittee to comply with a stop work order.

          E. The term of the permit shall expire no later than six months after the date of issuance of the permit or if the work is suspended or abandoned for a period of sixty days. The director may provide a six-month extension of the term of the permit.

          F. A person who is found to be in violation of any provision of this section shall be fined in an amount not to exceed one thousand five hundred dollars ($1,500) or be imprisoned for a period not exceeding thirty days, or both.

     SECTION 2. APPROPRIATION.--Two hundred fifty thousand dollars ($250,000) is appropriated from the general fund to the regulation and licensing department for expenditure in fiscal year 2015 to administer the elevator permit program. Any unexpended or unencumbered balance remaining at the end of fiscal year 2015 shall revert to the general fund.

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