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2008 SESSION
088357744Be it enacted by the General Assembly of Virginia:
1. That § §§ 54.1-1140, 54.1-1142, 54.1-1142.1, and 54.1-1143 of the Code of Virginia are amended and reenacted, and that the Code of Virginia is amended by adding a section numbered 54.1-1142.2 as follows:
§ 54.1-1140. Definitions.
As used in this article, unless the context requires a different meaning:
"Certified elevator mechanic" means an
individual who is certified by the Board in accordance with this article to
engage in work as an elevator mechanic.
"Elevator mechanic" means an individual who is engaged certified by the Board in accordance with this
article to engage in erecting, constructing, installing, altering,
servicing, repairing, testing or maintaining elevators, escalators, or related
conveyances in accordance with the Uniform Statewide Building Code.
§ 54.1-1142. Issuance of certification.
A. The Board shall issue a certificate to practice as a
certified an elevator mechanic in the
Commonwealth to any applicant who has submitted satisfactory evidence that he
has successfully:
1. Completed the educational requirements as required by the Board, which shall at a minimum include such requirements as the Board determines will establish minimum competency on the part of the applicant;
2. Completed the experience requirements as required by the
Board, which shall at a minimum consist of at least three four years in the elevator industry and at least 240
hours of vocational training in the trade; and
3. Passed an examination offered or approved by the Board.
B. The Board may issue a certificate to practice as a certified an
elevator mechanic to any applicant who has a certification from an association
approved by the Board that is equal to or exceeds the requirements established
by the Board for all applicants. In addition,
the Board may issue a certificate
to practice as an elevator mechanic to any applicant who has not completed all
of the vocational training but has experience in excess of four years.
The Board may grant credit towards
certification at a ratio of one year of experience more than four
years for 40 hours of vocational
training. However, any such credits granted by the Board for experience in
excess of four years shall not exceed a total of
120 hours of credit towards the 240-hour vocational training requirement.
§ 54.1-1142.1. Certifications in event of declared emergency or work stoppage.
A. Whenever the Governor declares a state of emergency in
accordance with § 44-146.17 or in the event of a work stoppage by elevator
mechanics and the Board determines that the number of certified elevator
mechanics is insufficient to meet the demands of the emergency or work
stoppage, the Board shall issue a an
emergency certificate to practice as a certified an
elevator mechanic under the following conditions:
1. A contractor licensed under the provisions of this chapter
(a) certifies attests
to the Board, in a form prescribed by the Board, that an applicant has an
acceptable combination of documented experience and education to perform work
as an elevator mechanic without direct and immediate supervision and (b)
provides such proof thereof as required by the Board; and
2. The applicant certified attested to the Board by the licensed contractor applies to the
Board for emergency certification as an emergency
certified elevator mechanic.
B. Each such certification shall be valid for a period of 30 days from the date of issuance and for such geographic areas or such elevators, escalators, or related conveyances as the Board may designate. Such certification shall entitle the certificate holder to engage in work as a certified elevator mechanic. The Board shall renew such certification as often as necessary to ensure that there is a sufficient number of certified elevator mechanics to meet the demands of the emergency. No fee shall be charged for application for such certification or any renewal thereof.
C. In addition, when
notified by a contractor licensed under the provisions of this section that
there is a shortage of certified personnel to perform elevator work, the Board
may issue temporary elevator mechanic certifications under the following
conditions:
1. The licensed contractor certifies to the Board,
in a form prescribed by the Board, that an applicant has an acceptable
combination of documented experience and education to perform work as an
elevator mechanic without direct and immediate supervision and provide such
proof thereof as required by the Board;
2. The applicant certified to the Board by the
licensed contractor applies to the Board for such temporary certification as an
elevator mechanic; and
3. The applicant pays an application fee as set by
the Board.
D. Each such certification shall be valid for a
period of 30 days from the date of issuance provided the applicant is employed
by the licensed contractor. The Board shall renew such certification as often
as necessary to ensure that there is a sufficient number of certified elevator
mechanics to meet the shortage.
C. The Board may delegate to the Director of the Department of Professional and Occupational Regulation the authority to issue such emergency certifications. The Director shall inform the Board of the issuance of any such certifications.
§ 54.1-1142.2. Certifications in event of shortage of elevator mechanics.
A. Whenever a contractor licensed under the provisions of this chapter demonstrates to the satisfaction of the Board that there is a shortage of elevator mechanics, the Board shall issue temporary certifications under the following conditions:
1. The licensed contractor attests to the Board, in a form prescribed by the Board, that after due diligence, the licensed contractor is unable to employ an elevator mechanic from the list of certified elevator mechanics maintained by the Board to perform elevator work;
2. The applicant has an acceptable combination of documented experience and education to perform work as an elevator mechanic without direct and immediate supervision and provides such proof thereof as required by the Board;
3. The applicant applies for such temporary certification as an elevator mechanic; and
4. The applicant pays an application fee as set by the Board.
B. Each such temporary certification shall be valid for a period of up to 90 days from the date of issuance provided the applicant continues at all times to be employed by the licensed contractor. The Board shall renew such certification as often as necessary to ensure that there is a sufficient number of certified elevator mechanics to meet the shortage.
C. The Board may delegate to the Director of the Department of Professional and Occupational Regulation the authority to issue such temporary certifications or renewals thereof. The Director shall inform the Board of the issuance of any such certifications or renewals.
§ 54.1-1143. Continuing education.
A. The Board shall establish in the regulations requirements for continuing education as a prerequisite to renewal of any certificate issued under this article. The Board shall require evidence of knowledge of the Uniform Statewide Building Code changes as a prerequisite to renewal of any certificate issued under this article. In addition, the Board may require continuing education for any individual who is found to be in violation of law or regulations governing the practice of an elevator mechanic certified under this article.
B. A certified An
elevator mechanic, as a condition of recertification and as part of the
recertification application, shall certify attest to the Board that he has completed at least eight hours of
continuing education, approved by the Board, in the specialty of
elevator/escalator contracting. The Board may establish such requirements for
approval of training instructors, the criteria for the continuing education and
such other regulations to ensure the protection of the public interest. Such
criteria shall include approval of curriculum sponsored by national or state
professional elevator industry associations approved by the Board.
C. The provisions of this section shall not apply to certifications issued by the Board under § 54.1-1142.1 or 54.1-1142.2.
2. That the provisions of this act shall become effective in due course, except that the provisions of § 54.1-1142 of the Code of Virginia of this act shall become effective on July 1, 2009.