Introduced By: Senators Ruggerio, Goodwin, DaPonte, Gallo and Damiani
Date Introduced : February 4, 1999
It is enacted by the General Assembly as follows:
SECTION 1. Section 28-26-5 of the General Laws in Chapter 28-26 entitled "Hoisting Engineers" is hereby amended to read as follows:
28-26-5. License required for operation of hoisting machinery -- Public contracts. -- (a) (1) No person shall operate or be in direct charge of hoisting or excavation equipment which uses gasoline, steam, diesel, electric, or compressed air of five (5) horsepower or more without obtaining a license to do so as provided in this chapter.
(2) No user or agent of a user of any machinery described in subdivision (a)(1) shall permit the machinery to be operated unless it is operated by a duly licensed person as hereinafter provided in this chapter.
(b) Every contract in the construction of public works by the state or by any city or town, or by persons contracting therewith for the construction, shall contain a clause embodying the provision of this section.
{ADD (c) In the event of any inconsistencies and/or contradiction between the requirements of this section and those of section 23-33-30, and/or in any respective rules and or regulations promulgated pursuant to said section, then the provision of this section and any rules and or regulations promulgated pursuant thereto shall be deemed to be controlling. ADD}
SECTION 2. Section 23-33-30 of the General Laws in Chapter 23-33 entitled "Elevators, Escalators, and Dumbwaiters" is hereby amended to read as follows:
23-33-30. Elevators placed out of service. -- All elevators and other devices subject to the provisions of sections 23-33-1 to 23-33-29, inclusive, having been out of active service for a period exceeding one (1) year, or said devices to be placed out of service for a period exceeding six (6) months, after July 1, 1997, shall comply with the following: (A) (1) The owner or agent for the owner shall notify the chief inspector in writing, giving the date when the elevator or other device will be placed out of service. (2) If the out of service period is to exceed six (6) months, the car and counterweights where provided shall be lowered to the pit floor, all suspension means removed, all main line fuses removed, and the service switch opened and tagged and sealed. (3) All hoistway entrances shall be bolted securely in the closed position from the hoistway side. (4) Where hoistway gates are in place, the landing openings shall be totally enclosed and strongly reinforced. (5) The lowest landing hoistway door shall be locked from the outside of the hoistway to facilitate repairs for reactivation. (6) Where the elevator or other device is hydraulically operated, the decommissioning shall, in addition to the securing of the hoistway and electrical power as described previously, lower the car into the pit, and have all hydraulic fluid and piping from the cylinder to the pump unit removed from the premises. (7) In addition to the removal of the main line fuses, the supply wiring from the load side of the main line disconnect switch to the controller shall be removed on all devices decommissioned. (8) Any device having been decommissioned as described previously, shall be reactivated when in compliance with the current rules and regulations as promulgated by the code commission. (B) Any device required to be decommissioned shall have this procedure completed by a licensed company as specified in section23-33-2.2. The said company shall notify the chief inspector when any device is decommissioned. (C) Any elevator or other device subject to the provisions of this chapter, having been placed out of service for code violations or non-use by an inspector or the chief inspector shall be subject to the provisions of this section.
{ADD Provided, that nothing in this section shall be interpreted to eliminate any requirement for hoisting engineers that would be required pursuant to the provisions of section 28-26-5 and/or to authorize the promulgation of any rules and/or regulations inconsistent with the provisions of section 28-26-5. ADD}
SECTION 3. This act shall take effect upon passage.
